AES Final Regulations

49979

Rules and Regulations

Federal Register
Vol. 71, No. 164
Thursday, August 24, 2006

This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.

OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 250
RIN 3206–AK77

Personnel Management in Agencies—
Employee Surveys
Office of Personnel
Management.
ACTION: Final rule.
AGENCY:

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 [email protected]. 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 [email protected]. You may contact Ms.
Brill and Mr. Basheerud-Deen by TTY
on 202–418–3134.
SUPPLEMENTARY INFORMATION:

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SUMMARY:

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

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(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

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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

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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 agencyspecific 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-forperformance; 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.
12. Supervisors/team leaders in my work unit support employee development.
13. My talents are used well in the workplace.
14. My training needs are assessed.
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).
20. Pay raises depend on how well employees perform their jobs.
24. My supervisor supports my need to balance work and family issues.
29. Employees have a feeling of personal empowerment with respect to work processes.
30. My workload is reasonable.
31. Managers communicate the goals and priorities of the organization.
33. How satisfied are you with the information you receive from management on what’s going on in your organization?

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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

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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

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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

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Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Rules and Regulations
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.

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.

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.

Agency Web Sites

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.

Subpart C—Employee Surveys

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

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.

Accordingly, OPM is amending 5 CFR
part 250, as follows:

■

PART 250—PERSONNEL
MANAGEMENT IN AGENCIES
1. The authority citation is revised to
read as follows:

■

Key terms
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■
■

2. Add and reserve subpart B.
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.
§ 250.301

Definitions.

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.
§ 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:

Definitions

Agency .......................................................
Executives ..................................................
Leaders ......................................................
Managers ...................................................
Organization ...............................................

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Subpart B—[Added and Reserved]

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An executive agency as defined in 5 U.S.C. 105.
Members of the Senior Executive Service or equivalent.
An agency’s management team. This includes anyone with supervisory or managerial duties.
Those individuals in management positions who typically supervise one or more supervisors.
An agency, office, or division.

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Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Rules and Regulations
Key terms

Definitions

Supervisors ................................................

First-line supervisors who do not supervise other supervisors; typically those who are responsible
for employees’ performance appraisals and approval of their leave.
Those who provide employees with day-to-day guidance in work projects, but do not have supervisory responsibilities or conduct performance appraisals.
An immediate work unit headed by an immediate supervisor.

Team leaders .............................................
Work unit ....................................................

Employee survey questions

Employee response choices
Personal Work Experiences

(1) The people I work with cooperate to get the job done ......................
(2) I am given a real opportunity to improve my skills in my organization.
(3) My work gives me a feeling of personal accomplishment .................
(4) I like the kind of work I do ..................................................................
(5) I have trust and confidence in my supervisor ....................................
(6) Overall, how good a job do you feel is being done by your immediate supervisor/team leader?

Strongly Agree, Agree, Neither Agree Nor
Strongly Disagree.
Strongly Agree, Agree, Neither Agree Nor
Strongly Disagree.
Strongly Agree, Agree, Neither Agree Nor
Strongly Disagree.
Strongly Agree, Agree, Neither Agree Nor
Strongly Disagree.
Strongly Agree, Agree, Neither Agree Nor
Strongly Disagree.
Very Good, Good, Fair, Poor, or Very Poor.

Disagree, Disagree, or
Disagree, Disagree, or
Disagree, Disagree, or
Disagree, Disagree, or
Disagree, Disagree, or

Recruitment, Development & Retention
(7) The workforce has the job-relevant knowledge and skills necessary
to accomplish organizational goals.
(8) My work unit is able to recruit people with the right skills .................
(9) I know how my work relates to the agency’s goals and priorities .....
(10) The work I do is important ................................................................
(11) Physical conditions (for example, noise level, temperature, lighting,
cleanliness in the workplace) allow employees to perform their jobs
well.
(12) Supervisors/team leaders in my work unit support employee development.
(13) My talents are used well in the workplace .......................................
(14) My training needs are assessed .......................................................

Strongly Agree, Agree, Neither
Disagree, or Do Not Know.
Strongly Agree, Agree, Neither
Disagree, or Do Not Know.
Strongly Agree, Agree, Neither
Disagree, or Do Not Know.
Strongly Agree, Agree, Neither
Disagree, or Do Not Know.
Strongly Agree, Agree, Neither
Disagree, or Do Not Know.

Agree Nor Disagree, Disagree, Strongly
Agree Nor Disagree, Disagree, Strongly
Agree Nor Disagree, Disagree, Strongly
Agree Nor Disagree, Disagree, Strongly
Agree Nor Disagree, Disagree, Strongly

Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly
Disagree, or Do Not Know.
Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly
Disagree, or Do Not Know.
Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly
Disagree, or Do Not Know.

Performance Culture
(15) Promotions in my work unit are based on merit ..............................
(16) In my work unit, steps are taken to deal with a poor performer who
cannot or will not improve.
(17) Creativity and innovation are rewarded ............................................
(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).
(19) In my work unit, differences in performance are recognized in a
meaningful way.
(20) Pay raises depend on how well employees perform their jobs .......
(21) My performance appraisal is a fair reflection of my performance ....

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(22) Discussions with my supervisor/team leader about my performance are worthwhile.
(23) Managers/supervisors/team leaders work well with employees of
different backgrounds.
(24) My supervisor supports my need to balance work and family
issues.

Strongly Agree, Agree, Neither Agree
Disagree, or Do Not Know.
Strongly Agree, Agree, Neither Agree
Disagree, or Do Not Know.
Strongly Agree, Agree, Neither Agree
Disagree, or Do Not Know.
Strongly Agree, Agree, Neither Agree
Disagree, or No Basis to Judge.
Strongly Agree, Agree, Neither
Disagree, or Do Not Know.
Strongly Agree, Agree, Neither
Disagree or Do Not Know.
Strongly Agree, Agree, Neither
Disagree, or Do Not Know.
Strongly Agree, Agree, Neither
Disagree, or Do Not Know.
Strongly Agree, Agree, Neither
Disagree, or Do Not Know.
Strongly Agree, Agree, Neither
Disagree, or Do Not Know.

Nor Disagree, Disagree, Strongly
Nor Disagree, Disagree, Strongly
Nor Disagree, Disagree, Strongly
Nor Disagree, Disagree, Strongly

Agree Nor Disagree, Disagree, Strongly
Agree Nor Disagree, Disagree, Strongly
Agree Nor Disagree, Disagree, Strongly
Agree Nor Disagree, Disagree, Strongly
Agree Nor Disagree, Disagree, Strongly
Agree Nor Disagree, Disagree, Strongly

Leadership
(25) I have a high level of respect for my organization’s senior leaders
(26) In my organization, leaders generate high levels of motivation and
commitment in the workforce.

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Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly
Disagree, or Do Not Know.
Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly
Disagree, or Do Not Know.

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Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Rules and Regulations
Employee survey questions

49983

Employee response choices

(27) Managers review and evaluate the organization’s progress toward
meeting its goals and objectives.
(28) Employees are protected from health and safety hazards on the
job.
(29) Employees have a feeling of personal empowerment with respect
to work processes.
(30) My workload is reasonable ...............................................................
(31) Managers communicate the goals and priorities of the organization
(32) My organization has prepared employees for potential security
threats.

Strongly Agree, Agree, Neither
Disagree, or Do Not Know.
Strongly Agree, Agree, Neither
Disagree, or Do Not Know.
Strongly Agree, Agree, Neither
Disagree, or Do Not Know.
Strongly Agree, Agree, Neither
Disagree, or Do Not Know.
Strongly Agree, Agree, Neither
Disagree, or Do Not Know.
Strongly Agree, Agree, Neither
Disagree, or Do Not Know.

Agree Nor Disagree, Disagree, Strongly
Agree Nor Disagree, Disagree, Strongly
Agree Nor Disagree, Disagree, Strongly
Agree Nor Disagree, Disagree, Strongly
Agree Nor Disagree, Disagree, Strongly
Agree Nor Disagree, Disagree, Strongly

Job Satisfaction
(33) How satisfied are you with the information you receive from management on what’s going on in your organization?
(34) How satisfied are you with your involvement in decisions that affect your work?
(35) How satisfied are you with your opportunity to get a better job in
your organization?
(36) How satisfied are you with the recognition you receive for doing a
good job?
(37) How satisfied are you with the policies and practices of your senior leaders?
(38) How satisfied are you with the training you receive for your
present job?
(39) Considering everything, how satisfied are you with your job?
(40) Considering everything, how satisfied are you with your pay?

Very Satisfied, Satisfied,
or Very Dissatisfied.
Very Satisfied, Satisfied,
or Very Dissatisfied.
Very Satisfied, Satisfied,
or Very Dissatisfied.
Very Satisfied, Satisfied,
or Very Dissatisfied.
Very Satisfied, Satisfied,
or Very Dissatisfied.
Very Satisfied, Satisfied,
or Very Dissatisfied.
Very Satisfied, Satisfied,
or Very Dissatisfied.
Very Satisfied, Satisfied,
or Very Dissatisfied.

Neither Satisfied Nor Dissatisfied, Dissatisfied,
Neither Satisfied Nor Dissatisfied, Dissatisfied,
Neither Satisfied Nor Dissatisfied, Dissatisfied,
Neither Satisfied Nor Dissatisfied, Dissatisfied,
Neither Satisfied Nor Dissatisfied, Dissatisfied,
Neither Satisfied Nor Dissatisfied, Dissatisfied,
Neither Satisfied Nor Dissatisfied, Dissatisfied,
Neither Satisfied Nor Dissatisfied, Dissatisfied,

Demographics (for agencies with 800 or more employees)
(41) What is your supervisory status? .....................................................

(42) Are you ..............................................................................................
(43) Are you Hispanic or Latino? .............................................................
(44) Please select the racial category or categories with which you
most closely identify (Please select one or more).

(45) What is your agency subcomponent? (If Applicable) .......................

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§ 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;

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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.
a. Male.
b. Female.
a. Yes.
b. No.
a. White.
b. Black or African American.
c. Native Hawaiian or other Pacific Islander.
d. Asian.
e. American Indian or Alaska Native.
An agency provided list of major divisions, bureaus, or other components one level below the agency/department.

(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

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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

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