[Federal Register: August 24, 2006 (Volume 71, Number 164)]
[Rules and Regulations]
[Page 49979-49983]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24au06-1]
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Rules and Regulations
Federal Register
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[[Page 49979]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 250
RIN 3206-AK77
Personnel Management in Agencies--Employee Surveys
AGENCY: Office of Personnel Management.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management (OPM) is issuing final
regulations implementing mandatory employee surveys as required by the
National Defense Authorization Act for Fiscal Year 2004. The
regulations add a new subpart which requires agencies to conduct an
annual survey of their employees. In addition, the final regulations
provide a list of questions that must appear in each agency's employee
survey.
DATES: Effective Date: This rule is effective on January 1, 2007.
FOR FURTHER INFORMATION CONTACT: For information on the survey
questions, contact Julie Brill by phone on 202-606-5067, by FAX on 202-
606-1399, or by e-mail at julie.brill@opm.gov. For all other
information, contact Hakeem Basheerud-Deen by phone on 202-606-1434, by
FAX on 202-606-2329, or by e-mail at hakeem.basheerud-deen@opm.gov. You
may contact Ms. Brill and Mr. Basheerud-Deen by TTY on 202-418-3134.
SUPPLEMENTARY INFORMATION:
Requiring Annual Employee Surveys
Section 1128 of the National Defense Authorization Act for Fiscal
Year 2004 (Pub. L. 108-136, 5 U.S.C. 7101 note) requires each agency to
conduct an annual survey of its employees ``to assess--
(1) Leadership and management practices that contribute to agency
performance; and
(2) Employee satisfaction with--
(A) Leadership policies and practices;
(B) Work environment;
(C) Rewards and recognition for professional accomplishment and
personal contributions to achieving organizational mission;
(D) Opportunity for professional development and growth; and
(E) Opportunity to contribute to achieving organizational
mission.''
Prescribing Certain Survey Questions
The law requires OPM to ``issue regulations prescribing survey
questions that should appear on all agency surveys.'' In addition, the
law requires agencies to make the survey results available to the
public and post the results on their Web sites, unless the head of the
agency determines that doing so would jeopardize or negatively impact
national security.
Discussion of Comments
On September 16, 2005, OPM issued proposed regulations at 70 FR
54658 and requested comments by October 17, 2005. OPM received written
comments from seven agencies, three non-profit organizations, three
labor unions, one academic institution, and nine individuals.
Generally, the comments were very supportive of the proposed
regulations. Below we summarize and respond to comments that suggested
changes or recommended clarification.
Survey Administration
One agency recommended OPM exempt small agencies with fewer than
1000 employees from the survey requirement. As an alternative to full
exemption, this agency recommended OPM consider exempting these
agencies in the years when the Federal Human Capital Survey is not
administered by OPM. This agency commented the costs involved in survey
administration are too great for small agencies. OPM did not adopt this
agency's primary or alternative recommendation regarding the exemption
of small agencies. While OPM appreciates the financial impact that all
agencies must take into consideration when administering the employee
survey, we note that the law has defined the jurisdiction of these
regulations as all executive agencies and, therefore, must include
small agencies in this requirement.
Another agency commented it would be more cost-efficient for OPM to
administer the annual survey for all Federal agencies than each agency
administering on its own. OPM disagrees because the law requires each
Federal agency to conduct an annual employee survey. Each agency has
the flexibility to administer the employee survey in a manner that
meets its objectives. In years when OPM administers the Federal Human
Capital Survey (FHCS) it will include the items in subpart C. Agencies
participating in the FHCS will satisfy the annual survey requirement
for any year in which the FHCS is conducted if all major components are
represented in the FHCS. It is the agency's responsibility to ensure
all major components are represented in the results because the law
does not exclude different segments of agencies, even if they are not
reported to OPM's Central Personnel Data File (e.g., intelligence
employees). As a result, agencies may need to supplement their FHCS
results with survey results from employees not sampled by the FHCS.
Two labor unions, three non-profit organizations, and one academic
institution suggested OPM provide one or more survey administration
options agencies can pursue. As noted in the preceding paragraph,
agencies have several survey administration options.
Additionally, these same entities recommended OPM add to the
regulation a statement prescribing agencies to administer their surveys
between September 1 and December 31, thus ensuring data comparability.
OPM does not agree with this recommendation. We believe agencies should
have the flexibility to administer the employee survey according to
mission requirements.
One agency suggested OPM extend the data collection date to January
31 because of the impact on agencies' abilities to meet the
requirements related to the Office of Management and Budget's Proud-to-
be-Three Goals. OPM did not adopt this suggestion noting that agencies
have a 12-month window to meet the survey requirements. We believe this
timeframe will not cause undue hardship on agencies.
Another agency recommended OPM provide a clear statement of why
employees are being asked the questions in these surveys. The Act
clearly states the purpose is to assess employee satisfaction and
leadership and
[[Page 49980]]
management practices that contribute to agency performance. OPM is
issuing these regulations and the required items in accordance with the
legislation.
One individual requested that OPM mandate followup action to hold
agencies accountable for the results of the survey. While OPM agrees
that followup action should be an integral part of an agency's survey
process, it is beyond the scope of this regulation for OPM to mandate
such action because the law only authorizes OPM to issue regulations
prescribing survey questions. However, OPM will provide supplemental
guidance to agencies on potential followup actions and the use of
results from the employee surveys on our Web site at http://www.opm.gov
.
Two agencies conducting employee surveys for the past several years
expressed concern this new requirement may have a negative impact upon
the progress these agencies have made in their survey programs. These
agencies wish to continue to use their agency-specific surveys and not
participate in the required annual survey. OPM notes this requirement
is mandated by law and agencies must participate. However, an agency
can append the required items to an existing survey, or collect data
from a small, statistically valid sample (OPM will provide supplemental
guidance on sampling on our Web site at http://www.opm.gov) with
minimal or no impact on an existing program. We commend those agencies
that have developed and refined agency-specific surveys that meet their
goals.
Survey Content
One agency commented on the lack of reference points and/or
definitions of key terms for agencies and survey respondents. This
agency suggested OPM provide a definition of the concepts/terms in
context with the questions being asked (e.g., manager, supervisor,
organization). OPM agrees that providing a definition of the key terms
used in the annual survey will give agencies and respondents a clearer
understanding of the questions. We have modified section 250.301 to
include a definition of the terms agency, executives, managers,
supervisors, team leaders, leaders, work unit, and organization. The
definitions of these terms are consistent with their use in OPM's
Federal Human Capital Survey. In addition, we have renumbered the
subsequent sections of this regulation to ensure uniformity.
OPM received multiple comments and suggestions on additions to, and
deletions from, the proposed list of survey items. These comments
suggested various constructs were not covered in the items, or were not
covered well, including: pay-for-performance; nepotism; favoritism;
waste and fraud; managerial performance; employee involvement in
decision-making; an agency's adherence to Federal laws, rules,
regulations, and accepted employment practices (particularly as they
relate to working through unpaid lunch time); and leadership
competencies. While OPM notes agencies maintain flexibility to expand
their own surveys and add agency-specific items, we revisited the
proposed list of survey items to ensure coverage of the legislated
constructs. As a result, OPM is adding the following items:
------------------------------------------------------------------------
-------------------------------------------------------------------------
5. I have trust and confidence in my supervisor.
s.12. Supervisors/team leaders in my work unit support employee
development.
s.13. My talents are used well in the workplace.
s.14. My training needs are assessed.
s.18. In my most recent performance appraisal, I understood what I had
to do to be rated at different performance levels (e.g., Fully
Successful, Outstanding).
s.20. Pay raises depend on how well employees perform their jobs.
s.24. My supervisor supports my need to balance work and family issues.
s.29. Employees have a feeling of personal empowerment with respect to
work processes.
s.30. My workload is reasonable.
s.31. Managers communicate the goals and priorities of the organization.
s.33. How satisfied are you with the information you receive from
management on what's going on in your organization?
s.35. How satisfied are you with your opportunity to get a better job in
your organization?
------------------------------------------------------------------------
One agency recommended OPM provide a ``Do Not Know'' (DNK) option
for all items while an individual suggested OPM remove the DNK option.
This individual suggested the practice of comparing dissimilar data is
not consistent with scientific methodology. OPM disagrees, noting it is
appropriate to leave out the DNK option when an employee clearly should
have an opinion and should provide one. For example, all employees have
opinions about certain benefits, such as pay, so it would be
appropriate to leave out the DNK option on questions pertaining to it
(e.g., Question 40, ``Considering everything, how satisfied are you
with your pay?'') It should be noted response options for the required
items are consistent with prior administrations of the items in the
Federal Human Capital Survey.
One individual stated the survey questions are biased and provide
responses favorable to management. This individual indicated unions
should be given the opportunity to provide their own set of questions,
which can be appended to the management survey, and data should be
collected by unbiased agency representatives to guard against
management ``skewing the data'' in their favor. OPM disagrees the items
are biased. Results from the Federal Human Capital Survey range from
very positive to much less positive. Additionally, several unions have
indicated they are in favor of OPM's proposed set of items. Finally,
agencies can expand their own survey and add agency-specific items, and
have the
[[Page 49981]]
option to have a third party collect their data.
Another individual commented that item 19 in the proposed rule;
``In my organization, leaders generate high levels of motivation and
commitment in the workforce'' captures the Senior Executive Service
Executive Core Qualification (ECQ) ``Leading People'' while the other
four ECQs are not captured. This individual recommends OPM include
items to capture all the ECQs. OPM did not adopt this recommendation
noting the survey items are not intended to measure qualifications, but
rather managerial and leadership practices.
Agency Web Sites
Three labor unions, three non-profit organizations, and one
academic institution suggested OPM change the requirement for agencies
to post survey results to their Web sites from 120 days to 90 days
after an agency completes survey administration each year. OPM did not
adopt this suggestion because we believe a shorter timeframe would
create an undue hardship on many agencies, especially large departments
that may have to compile results from their different components.
Additionally, these same entities suggested OPM post all survey
results on OPM's Web site, while one agency suggested OPM make survey
results available to the Federal community in odd-numbered years. We
did not adopt this suggestion noting the Act requires agencies, not
OPM, to post results on their own Web sites. In addition, agencies have
the flexibility to add items to their surveys, and therefore, survey
results may be unique to each specific agency.
Data Reporting
Three labor unions, three non-profit organizations, and one
academic institution suggested OPM require all survey data be reported
as weighted data, if applicable. OPM did not adopt this suggestion
noting it would be a burden to require agencies to weight their data.
However, OPM suggests agencies evaluate their data for
representativeness, and will provide supplemental guidance on processes
and procedures for doing so. To allow for such evaluations, OPM is
adding the following demographic items for agencies with 800 or more
employees to assist in evaluating representativeness: supervisory
status, gender, ethnicity, race, and agency subcomponent. Agencies with
fewer than 800 employees are exempt from this requirement. We are
including this exemption in section 250.302 in an attempt to protect
the anonymity of respondents in small agencies. Small agencies who wish
to add demographics to their survey may do so if they wish to evaluate
representativeness of the survey responders. These demographic items
will be listed as items 41 through 45, respectively.
Guidance
Several individuals and agencies submitted questions and requests
for guidance on administering, analyzing, and reporting on the annual
employee surveys. To assist agencies in their compliance with these
rules, OPM will provide supplemental guidance on our Web site to
include frequently asked questions and answers, instructions on
sampling and administration, evaluating representativeness, followup
actions, and strategies for using survey results to effect change in
various human capital initiatives, at http://www.opm.gov.
Regulatory Flexibility Act
I certify this regulation will not have a significant economic
impact on a substantial number of small entities because it will only
apply to Federal agencies and employees.
Executive Order 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
List of Subjects in 5 CFR Part 250
Authority delegations (Government agencies), Government employees.
Office of Personnel Management.
Linda M. Springer,
Director.
0
Accordingly, OPM is amending 5 CFR part 250, as follows:
PART 250--PERSONNEL MANAGEMENT IN AGENCIES
0
1. The authority citation is revised to read as follows:
Authority: 5 U.S.C. 1101 note, 1103(a)(5), 1104, 1302, 3301,
3302, 7101 note; E.O. 13197, 66 FR 7853, 3 CFR 748 (2002); E.O.
10577, 12 FR 1259, 3 CFR, 1954-1958 Comp., p. 218.
Subpart B--[Added and Reserved]
0
2. Add and reserve subpart B.
0
3. Add subpart C to read as follows:
Sec.
Subpart C--Employee Surveys
250.301 Definitions.
250.302 Survey requirements.
250.303 Availability of results.
Sec. 250.301 Definitions.
Subpart C--Employee Surveys
In this part--
Agency means an executive agency as defined in 5 U.S.C. 105.
Executives are members of the Senior Executive Service or
equivalent.
Leaders are an agency's management team. This includes anyone with
supervisory or managerial duties.
Managers are those individuals in management positions who
typically supervise one or more supervisors.
Organization means an agency, office, or division.
Supervisors are first-line supervisors who do not supervise other
supervisors; typically those who are responsible for employees'
performance appraisals and approval of their leave.
Team leaders are those who provide employees with day-to-day
guidance in work projects, but do not have supervisory responsibilities
or conduct performance appraisals.
Work unit means an immediate work unit headed by an immediate
supervisor.
Sec. 250.302 Survey requirements.
(a) Each executive agency must conduct an annual survey of its
employees containing the definitions and each question in this subpart.
(b) Each executive agency may include survey questions unique to
the agency in addition to the prescribed employee survey questions
under paragraph (c) of this section.
(c) The definitions and 45 prescribed employee survey questions and
response choices are listed in the following tables:
------------------------------------------------------------------------
Key terms Definitions
------------------------------------------------------------------------
Agency............................... An executive agency as defined in
5 U.S.C. 105.
Executives........................... Members of the Senior Executive
Service or equivalent.
Leaders.............................. An agency's management team. This
includes anyone with supervisory
or managerial duties.
Managers............................. Those individuals in management
positions who typically
supervise one or more
supervisors.
Organization......................... An agency, office, or division.
[[Page 49982]]
Supervisors.......................... First-line supervisors who do not
supervise other supervisors;
typically those who are
responsible for employees'
performance appraisals and
approval of their leave.
Team leaders......................... Those who provide employees with
day-to-day guidance in work
projects, but do not have
supervisory responsibilities or
conduct performance appraisals.
Work unit............................ An immediate work unit headed by
an immediate supervisor.
------------------------------------------------------------------------
------------------------------------------------------------------------
Employee survey questions Employee response choices
------------------------------------------------------------------------
Personal Work Experiences
------------------------------------------------------------------------
(1) The people I work with cooperate to Strongly Agree, Agree, Neither
get the job done. Agree Nor Disagree, Disagree,
or Strongly Disagree.
(2) I am given a real opportunity to Strongly Agree, Agree, Neither
improve my skills in my organization. Agree Nor Disagree, Disagree,
or Strongly Disagree.
(3) My work gives me a feeling of Strongly Agree, Agree, Neither
personal accomplishment. Agree Nor Disagree, Disagree,
or Strongly Disagree.
(4) I like the kind of work I do....... Strongly Agree, Agree, Neither
Agree Nor Disagree, Disagree,
or Strongly Disagree.
(5) I have trust and confidence in my Strongly Agree, Agree, Neither
supervisor. Agree Nor Disagree, Disagree,
or Strongly Disagree.
(6) Overall, how good a job do you feel Very Good, Good, Fair, Poor, or
is being done by your immediate Very Poor.
supervisor/team leader?
------------------------------------------------------------------------
Recruitment, Development & Retention
------------------------------------------------------------------------
(7) The workforce has the job-relevant Strongly Agree, Agree, Neither
knowledge and skills necessary to Agree Nor Disagree, Disagree,
accomplish organizational goals. Strongly Disagree, or Do Not
Know.
(8) My work unit is able to recruit Strongly Agree, Agree, Neither
people with the right skills. Agree Nor Disagree, Disagree,
Strongly Disagree, or Do Not
Know.
(9) I know how my work relates to the Strongly Agree, Agree, Neither
agency's goals and priorities. Agree Nor Disagree, Disagree,
Strongly Disagree, or Do Not
Know.
(10) The work I do is important........ Strongly Agree, Agree, Neither
Agree Nor Disagree, Disagree,
Strongly Disagree, or Do Not
Know.
(11) Physical conditions (for example, Strongly Agree, Agree, Neither
noise level, temperature, lighting, Agree Nor Disagree, Disagree,
cleanliness in the workplace) allow Strongly Disagree, or Do Not
employees to perform their jobs well. Know.
(12) Supervisors/team leaders in my Strongly Agree, Agree, Neither
work unit support employee development. Agree Nor Disagree, Disagree,
Strongly Disagree, or Do Not
Know.
(13) My talents are used well in the Strongly Agree, Agree, Neither
workplace. Agree Nor Disagree, Disagree,
Strongly Disagree, or Do Not
Know.
(14) My training needs are assessed.... Strongly Agree, Agree, Neither
Agree Nor Disagree, Disagree,
Strongly Disagree, or Do Not
Know.
------------------------------------------------------------------------
Performance Culture
------------------------------------------------------------------------
(15) Promotions in my work unit are Strongly Agree, Agree, Neither
based on merit. Agree Nor Disagree, Disagree,
Strongly Disagree, or Do Not
Know.
(16) In my work unit, steps are taken Strongly Agree, Agree, Neither
to deal with a poor performer who Agree Nor Disagree, Disagree,
cannot or will not improve. Strongly Disagree, or Do Not
Know.
(17) Creativity and innovation are Strongly Agree, Agree, Neither
rewarded. Agree Nor Disagree, Disagree,
Strongly Disagree, or Do Not
Know.
(18) In my most recent performance Strongly Agree, Agree, Neither
appraisal, I understood what I had to Agree Nor Disagree, Disagree,
do to be rated at different Strongly Disagree, or No Basis
performance levels (e.g., Fully to Judge.
Successful, Outstanding).
(19) In my work unit, differences in Strongly Agree, Agree, Neither
performance are recognized in a Agree Nor Disagree, Disagree,
meaningful way. Strongly Disagree, or Do Not
Know.
(20) Pay raises depend on how well Strongly Agree, Agree, Neither
employees perform their jobs. Agree Nor Disagree, Disagree,
Strongly Disagree or Do Not
Know.
(21) My performance appraisal is a fair Strongly Agree, Agree, Neither
reflection of my performance. Agree Nor Disagree, Disagree,
Strongly Disagree, or Do Not
Know.
(22) Discussions with my supervisor/ Strongly Agree, Agree, Neither
team leader about my performance are Agree Nor Disagree, Disagree,
worthwhile. Strongly Disagree, or Do Not
Know.
(23) Managers/supervisors/team leaders Strongly Agree, Agree, Neither
work well with employees of different Agree Nor Disagree, Disagree,
backgrounds. Strongly Disagree, or Do Not
Know.
(24) My supervisor supports my need to Strongly Agree, Agree, Neither
balance work and family issues. Agree Nor Disagree, Disagree,
Strongly Disagree, or Do Not
Know.
------------------------------------------------------------------------
Leadership
------------------------------------------------------------------------
(25) I have a high level of respect for Strongly Agree, Agree, Neither
my organization's senior leaders. Agree Nor Disagree, Disagree,
Strongly Disagree, or Do Not
Know.
(26) In my organization, leaders Strongly Agree, Agree, Neither
generate high levels of motivation and Agree Nor Disagree, Disagree,
commitment in the workforce. Strongly Disagree, or Do Not
Know.
[[Page 49983]]
(27) Managers review and evaluate the Strongly Agree, Agree, Neither
organization's progress toward meeting Agree Nor Disagree, Disagree,
its goals and objectives. Strongly Disagree, or Do Not
Know.
(28) Employees are protected from Strongly Agree, Agree, Neither
health and safety hazards on the job. Agree Nor Disagree, Disagree,
Strongly Disagree, or Do Not
Know.
(29) Employees have a feeling of Strongly Agree, Agree, Neither
personal empowerment with respect to Agree Nor Disagree, Disagree,
work processes. Strongly Disagree, or Do Not
Know.
(30) My workload is reasonable......... Strongly Agree, Agree, Neither
Agree Nor Disagree, Disagree,
Strongly Disagree, or Do Not
Know.
(31) Managers communicate the goals and Strongly Agree, Agree, Neither
priorities of the organization. Agree Nor Disagree, Disagree,
Strongly Disagree, or Do Not
Know.
(32) My organization has prepared Strongly Agree, Agree, Neither
employees for potential security Agree Nor Disagree, Disagree,
threats. Strongly Disagree, or Do Not
Know.
------------------------------------------------------------------------
Job Satisfaction
------------------------------------------------------------------------
(33) How satisfied are you with the Very Satisfied, Satisfied,
information you receive from Neither Satisfied Nor
management on what's going on in your Dissatisfied, Dissatisfied, or
organization? Very Dissatisfied.
(34) How satisfied are you with your Very Satisfied, Satisfied,
involvement in decisions that affect Neither Satisfied Nor
your work? Dissatisfied, Dissatisfied, or
Very Dissatisfied.
(35) How satisfied are you with your Very Satisfied, Satisfied,
opportunity to get a better job in Neither Satisfied Nor
your organization? Dissatisfied, Dissatisfied, or
Very Dissatisfied.
(36) How satisfied are you with the Very Satisfied, Satisfied,
recognition you receive for doing a Neither Satisfied Nor
good job? Dissatisfied, Dissatisfied, or
Very Dissatisfied.
(37) How satisfied are you with the Very Satisfied, Satisfied,
policies and practices of your senior Neither Satisfied Nor
leaders? Dissatisfied, Dissatisfied, or
Very Dissatisfied.
(38) How satisfied are you with the Very Satisfied, Satisfied,
training you receive for your present Neither Satisfied Nor
job? Dissatisfied, Dissatisfied, or
Very Dissatisfied.
(39) Considering everything, how Very Satisfied, Satisfied,
satisfied are you with your job? Neither Satisfied Nor
Dissatisfied, Dissatisfied, or
Very Dissatisfied.
(40) Considering everything, how Very Satisfied, Satisfied,
satisfied are you with your pay? Neither Satisfied Nor
Dissatisfied, Dissatisfied, or
Very Dissatisfied.
------------------------------------------------------------------------
Demographics (for agencies with 800 or more employees)
------------------------------------------------------------------------
(41) What is your supervisory status?.. a. Non-Supervisor: You do not
supervise other employees.
b. Team Leader: You are not an
official supervisor; you
provide employees with day-to-
day guidance in work projects,
but do not have supervisory
responsibilities or conduct
performance appraisals.
c. Supervisor: You are
responsible for employees'
performance appraisals and
approval of their leave, but
you do not supervise other
supervisors.
d. Manager: You are in a
management position and
supervise one or more
supervisors.
e. Executive: Member of the
Senior Executive Service or
equivalent.
(42) Are you........................... a. Male.
b. Female.
(43) Are you Hispanic or Latino?....... a. Yes.
b. No.
(44) Please select the racial category a. White.
or categories with which you most b. Black or African American.
closely identify (Please select one or c. Native Hawaiian or other
more). Pacific Islander.
d. Asian.
e. American Indian or Alaska
Native.
(45) What is your agency subcomponent? An agency provided list of
(If Applicable). major divisions, bureaus, or
other components one level
below the agency/department.
------------------------------------------------------------------------
Sec. 250.303 Availability of results.
(a) Each agency will make the results of its annual survey
available to the public and post the results on its Web site, unless
the agency head determines that doing so would jeopardize or negatively
impact national security. The posted survey results will include the
following:
(1) The agency's evaluation of its survey results;
(2) How the survey was conducted;
(3) Description of the employee sample, unless all employees are
surveyed;
(4) The survey questions and response choices with the prescribed
questions identified;
(5) The number of employees surveyed and number of survey
respondents; and
(6) The number of respondents for each survey question and each
response choice.
(b) Data must be collected by December 31 of each calendar year.
Each agency must post the beginning and ending dates of its employee
survey and either the survey results described in paragraph (a) of this
section or a statement noting the decision not to post no later than
120 days after the agency completes survey administration. OPM may
extend this date under unusual circumstances.
(c) Each agency must submit its survey results to OPM no later than
120 days after the agency completes survey administration.
[FR Doc. E6-14037 Filed 8-23-06; 8:45 am]
BILLING CODE 6325-39-P