Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices 69609 

1The radioactive materials are: (a) Byproduct 

materials as defined in section 11e.(1) of the Act; 

(b) byproduct materials as defined in section 11e.(2) 

of the Act; (c) source materials as defined in section 

11z. of the Act; and (d) special nuclear materials as 

defined in section 11aa. of the Act, restricted to 

quantities not sufficient to form a critical mass. 

participate in these public meetings, or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g., 

braille, large print), please notify the 

NRC’s Disability Program Coordinator, 

August Spector, at (301) 415–7080, 

TDD: 301–415–2100, or by e-mail at 

aks@nrc.gov. Determinations on 

requests for reasonable accommodation 

will be made on a case-by-case basis. 

* * * * * 

This notice is distributed by mail to 

several hundred subscribers; if you no 

longer wish to receive it, or would like 

to be added to the distribution, please 

contact the Office of the Secretary, 

Washington, DC 20555 (301–415–1969). 

In addition, distribution of this meeting 

notice over the Internet system is 

available. If you are interested in 

receiving this Commission meeting 

schedule electronically, please send an 

electronic message to dkw@nrc.gov. 

Dated: November 9, 2005. 

R. Michelle Schroll, 

Office of the Secretary. 

[FR Doc. 05–22796 Filed 11–14–05; 10:07 

am] 

BILLING CODE 7590–01–M 

NUCLEAR REGULATORY 

COMMISSION 

State of Minnesota: NRC Draft Staff 

Assessment of a Proposed Agreement 

Between the Nuclear Regulatory 

Commission and the State of 

Minnesota 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of a Proposed Agreement 

with the State of Minnesota. 

SUMMARY: By letter dated July 6, 2004, 

Governor Tim Pawlenty of Minnesota 

requested that the U.S. Nuclear 

Regulatory Commission (NRC) enter 

into an Agreement with the State as 

authorized by section 274 of the Atomic 

Energy Act of 1954, as amended (Act). 

Under the proposed Agreement, the 

Commission would discontinue, and 

Minnesota would assume, portions of 

the Commission’s regulatory authority 

exercised within the State. As required 

by the Act, NRC is publishing the 

proposed Agreement for public 

comment. NRC is also publishing the 

summary of a Draft Staff Assessment of 

the Minnesota Program. Comments are 

requested on the proposed Agreement 

and the NRC Draft Staff Assessment 

which finds the Program adequate to 

protect public health and safety and 

compatible with NRC’s program for 

regulation of agreement material. 

The proposed Agreement would 

release (exempt) persons who possess or 

use certain radioactive materials in 

Minnesota from portions of the 

Commission’s regulatory authority. The 

Act requires that NRC publish those 

exemptions. Notice is hereby given that 

the pertinent exemptions have been 

previously published in the Federal 

Register and are codified in the 

Commission’s regulations as 10 CFR 

part 150. 

DATES: The comment period expires 

December 9, 2005. Comments received 

after this date will be considered if it is 

practical to do so, but the Commission 

cannot assure consideration of 

comments received after the expiration 

date. 

ADDRESSES: Written comments may be 

submitted to Mr. Michael T. Lesar, 

Chief, Rules and Directives Branch, 

Division of Administrative Services, 

Office of Administration, Washington, 

DC 20555–0001. Comments may be 

submitted electronically at 

nrcrep@nrc.gov. 

The NRC maintains an Agencywide 

Documents Access and Management 

System (ADAMS), which provides text 

and image files of NRC’s public 

documents. The documents may be 

accessed through the NRC’s Public 

Electronic Reading Room on the Internet 

at http://www.nrc.gov/reading-rm/ 

adams.html. If you do not have access 

to ADAMS or if there are problems in 

accessing the documents located in 

ADAMS, contact the NRC Public 

Document Room (PDR) reference staff at 

(800) 397–4209, or (301) 415–4737, or 

by e-mail to pdr@nrc.gov. 

Copies of comments received by NRC 

may be examined at the NRC Public 

Document Room, 11555 Rockville Pike, 

Public File Area O–1–F21, Rockville, 

Maryland. Copies of the request for an 

Agreement by the Governor of 

Minnesota including all information 

and documentation submitted in 

support of the request, and copies of the 

full text of the NRC Draft Staff 

Assessment are also available for public 

inspection in the NRC’s Public 

Document Room—ADAMS Accession 

Numbers: ML041960496, ML041960499, 

ML052440344, ML050130375, 

ML050140452, ML051330043, 

ML051740384, ML051650073, 

ML052200424, and ML053060372. 

FOR FURTHER INFORMATION CONTACT: 

Cardelia Maupin, Office of State and 

Tribal Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. Telephone (301) 415–

3340 or e-mail CHM1@nrc.gov. 

SUPPLEMENTARY INFORMATION: Since 

section 274 of the Act was added in 

1959, the Commission has entered into 

Agreements with 33 States. The 

Agreement States currently regulate 

approximately 17,200 agreement 

material licenses, while NRC regulates 

approximately 4,700 licenses. Under the 

proposed Agreement, approximately 

167 NRC licenses will transfer to 

Minnesota. NRC periodically reviews 

the performance of the Agreement States 

to assure compliance with the 

provisions of section 274. 

Section 274e requires that the terms of 

the proposed Agreement be published 

in the Federal Register for public 

comment once each week for four 

consecutive weeks. This Notice is being 

published in fulfillment of the 

requirement. 

I. Background 

(a) Section 274d of the Act provides 

the mechanism for a State to assume 

regulatory authority, from the NRC, over 

certain radioactive materials 1 and 

activities that involve use of the 

materials. 

In a letter dated July 6, 2004, 

Governor Pawlenty certified that the 

State of Minnesota has a program for the 

control of radiation hazards that is 

adequate to protect public health and 

safety within Minnesota for the 

materials and activities specified in the 

proposed Agreement, and that the State 

desires to assume regulatory 

responsibility for these materials and 

activities. Included with the letter was 

the text of the proposed Agreement, 

which is shown in Appendix A to this 

Notice. 

The radioactive materials and 

activities (which together are usually 

referred to as the ‘‘categories of 

materials’’) which the State of 

Minnesota requests authority over are: 

(1) The possession and use of byproduct 

materials as defined in section 11e.(1) of 

the Act; (2) the possession and use of 

source materials; and (3) the possession 

and use of special nuclear materials in 

quantities not sufficient to form a 

critical mass, as provided for in 

regulations or orders of the Commission. 

(b) The proposed Agreement contains 

articles that: 

—Specify the materials and activities 

over which NRC’s authority is 

discontinued and transferred; 

—Specify the activities over which the 

Commission will retain regulatory 

authority; 

69610 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices 

—Continue the authority of the 

Commission to safeguard nuclear 

materials and restricted data; 

—Commit the State of Minnesota and 

NRC to exchange information as 

necessary to maintain coordinated 

and compatible programs; 

—Provide for the reciprocal recognition 

of licenses; 

—Provide for the amendment, 

suspension or termination of the 

Agreement; and 

—Specify the effective date of the 

proposed Agreement. 

The Commission reserves the option 

to modify the terms of the proposed 

Agreement in response to comments, to 

correct errors, and to make editorial 

changes. The final text of the 

Agreement, with the effective date, will 

be published after the Agreement is 

approved by the Commission, and 

signed by the Chairman of the 

Commission and the Governor of 

Minnesota. 

(c) Minnesota currently registers users 

of naturally-occurring and acceleratorproduced radioactive materials. 

Authority for Minnesota’s radiation 

control unit and proposed Agreement 

State activities is primarily found in 

Minnesota Statutes, sections 144.12–

144.121, and in the Minnesota Rules 

Chapter 4731. Section 144.1202 

provides the authority for the Governor 

to enter into an Agreement with the 

Commission and contains provisions for 

the orderly transfer of regulatory 

authority over affected licensees from 

NRC to the State. After the effective date 

of the Agreement, licenses issued by 

NRC would continue in effect as 

Minnesota licenses until the licenses 

expire or are replaced by State-issued 

licenses. 

(d) The NRC Draft Staff Assessment 

finds that the Minnesota Program is 

adequate to protect public health and 

safety, and is compatible with the NRC 

program for the regulation of agreement 

materials. 

II. Summary of the NRC Draft Staff 

Assessment of the Minnesota Program 

for the Control of Agreement Materials 

NRC staff has examined the 

Minnesota request for an Agreement 

with respect to the ability of the 

Minnesota radiation control program to 

regulate agreement materials. The 

examination was based on the 

Commission’s policy statement ‘‘Criteria 

for Guidance of States and NRC in 

Discontinuance of NRC Regulatory 

Authority and Assumption Thereof by 

States Through Agreement’’ (referred to 

herein as the ‘‘NRC criteria’’), published 

on January 23, 1981 (46 FR 7540), as 

amended by policy statements 

published on July 16, 1981 (46 FR 

36969), and on July 21, 1983 (48 FR 

33376). 

(a) Organization and Personnel. The 

agreement materials program will be 

located within the existing 

Environmental Health Division 

(Program) of the Minnesota Department 

of Health (MDH). The Program will be 

responsible for implementation of all 

regulatory activities related to the 

proposed Agreement. 

The educational requirements for the 

Program staff members are specified in 

the Minnesota State personnel position 

descriptions, and meet the NRC criteria 

with respect to formal education or 

combined education and experience 

requirements. All current staff members 

hold at least bachelor’s degrees in 

physical or life sciences, or have a 

combination of education and 

experience at least equivalent to a 

bachelor’s degree. Several staff members 

hold advanced degrees, and all staff 

members have had additional training 

plus working experience in radiation 

protection. The Program supervisor has 

more than 20 years work experience in 

radiation protection. 

The Program performed, and NRC 

staff reviewed, an analysis of the 

expected Program workload under the 

proposed Agreement. Based on the NRC 

staff review of the State’s staff analysis, 

Minnesota has an adequate number of 

staff to regulate radioactive materials 

under the terms of the Agreement. The 

Program will employ a staff of 3.5 fulltime professional/technical and 

administrative employees for the 

agreement materials program. The 

distribution of the qualifications of the 

individual staff members will be 

balanced to the distribution of 

categories of licensees transferred from 

NRC. 

(b) Legislation and Regulations. The 

MDH is designated by law in section 

144.1202 of the Minnesota Statutes to be 

the radiation control agency. The law 

provides the MDH the authority to issue 

licenses, issue orders, conduct 

inspections, and to enforce compliance 

with regulations, license conditions, 

and orders. Licensees are required to 

provide access to inspectors. The MDH 

is authorized to promulgate regulations. 

The State’s regulations are found in 

Minnesota Rules Chapter 4731 effective 

June 2004. The NRC staff reviewed and 

forwarded comments on these 

regulations to the Minnesota staff. The 

NRC staff review verified that, with the 

comments incorporated, the Minnesota 

rules, and with the addition of legally 

binding requirements to incorporate 

recent changes to 10 CFR part 35 and 71 

contain all of the provisions that are 

necessary in order to be compatible with 

the regulations of the NRC on the 

effective date of the Agreement between 

the State and the Commission. The 

MDH has extended the effect of the 

rules, where appropriate, to apply to 

naturally-occurring or acceleratorproduced radioactive materials (NARM), 

in addition to agreement materials. The 

NRC staff is satisfied that the Minnesota 

Program, will not regulate in areas 

reserved to the NRC in matters 

concerning or affecting the proposed 

Agreement. 

(c) Storage and Disposal. Minnesota 

has also adopted NRC compatible 

requirements for the handling and 

storage of radioactive material. 

Minnesota will not seek authority to 

regulate the land disposal of radioactive 

material as waste. The Minnesota waste 

disposal requirements cover the 

preparation, classification and 

manifesting of radioactive waste, 

generated by Minnesota licensees, for 

transfer for disposal to an authorized 

waste disposal site or broker. 

(d) Transportation of Radioactive 

Material. Minnesota has adopted 

regulations compatible with NRC 

regulations in 10 CFR part 71. Part 71 

contains the requirements that licensees 

must follow when preparing packages 

containing radioactive material for 

transport. Part 71 also contains 

requirements related to the licensing of 

packaging for use in transporting 

radioactive materials. 

(e) Recordkeeping and Incident 

Reporting. Minnesota has adopted the 

sections compatible with the NRC 

regulations which specify requirements 

for licensees to keep records, and to 

report incidents, accidents, or events 

involving materials. 

(f) Evaluation of License Applications. 

Minnesota has adopted regulations 

compatible with the NRC regulations 

that specify the requirements which a 

person must meet in order to get a 

license to possess or use radioactive 

materials. Minnesota has also developed 

a licensing procedures manual, along 

with the accompanying regulatory 

guides, which are adapted from similar 

NRC documents and contain guidance 

for the Program staff when evaluating 

license applications. 

(g) Inspections and Enforcement. The 

Minnesota radiation control program 

has adopted a schedule providing for 

the inspection of licensees as frequently 

as the inspection schedule used by NRC. 

The Program has adopted procedures for 

the conduct of inspections, the reporting 

of inspection findings, and the reporting 

of inspection results to the licensees. 

The Program has also adopted, by rule 

based on the Minnesota Statutes, 

Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices 69611 

procedures for the enforcement of 

regulatory requirements. 

(h) Regulatory Administration. The 

MDH is bound by requirements 

specified in State law for rulemaking, 

issuing licenses, and taking enforcement 

actions. The Program has also adopted 

administrative procedures to assure fair 

and impartial treatment of license 

applicants. Minnesota law prescribes 

standards of ethical conduct for State 

employees. 

(i) Cooperation with Other Agencies. 

Minnesota law deems the holder of an 

NRC license on the effective date of the 

proposed Agreement to possess a like 

license issued by Minnesota. The law 

provides that these former NRC licenses 

will expire on the date of expiration 

specified in the NRC license. 

Minnesota also provides for ‘‘timely 

renewal.’’ This provision affords the 

continuance of licenses for which an 

application for renewal has been filed 

more than 30 days prior to the date of 

expiration of the license. NRC licenses 

transferred while in timely renewal are 

included under the continuation 

provision. Minnesota Rules Chapter 

4731 provides exemptions from the 

State’s requirements for licensing of 

sources of radiation for NRC and U.S. 

Department of Energy contractors or 

subcontractors. The proposed 

Agreement commits Minnesota to use 

its best efforts to cooperate with the 

NRC and the other Agreement States in 

the formulation of standards and 

regulatory programs for the protection 

against hazards of radiation and to 

assure that the Minnesota Program will 

continue to be compatible with the 

NRC’s program for the regulation of 

agreement materials. The proposed 

Agreement stipulates the desirability of 

reciprocal recognition of licenses, and 

commits the Commission and 

Minnesota to use their best efforts to 

accord such reciprocity. 

III. Staff Conclusion 

Subsection 274d of the Act provides 

that the Commission shall enter into an 

agreement under Subsection 274b with 

any State if: 

(a) The Governor of the State certifies 

that the State has a program for the 

control of radiation hazards adequate to 

protect public health and safety with 

respect to the agreement materials 

within the State, and that the State 

desires to assume regulatory 

responsibility for the agreement 

materials; and 

(b) The Commission finds that the 

State program is in accordance with the 

requirements of Subsection 274o, and in 

all other respects compatible with the 

NRC’s program for the regulation of 

materials, and that the State program is 

adequate to protect public health and 

safety with respect to the materials 

covered by the proposed Agreement. 

On the basis of its Draft Staff 

Assessment, the NRC staff concludes 

that the State of Minnesota meets the 

requirements of the Act. The State’s 

program, as defined by its statutes, 

regulations, personnel, licensing, 

inspection, and administrative 

procedures, is compatible with the 

program of the NRC and adequate to 

protect public health and safety with 

respect to the materials covered by the 

proposed Agreement. NRC will continue 

the formal processing of the proposed 

Agreement which includes publication 

of this Notice once a week for four 

consecutive weeks for public review 

and comment. 

Dated at Rockville, Maryland, this 7th day 

of November, 2005. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

Appendix A—An Agreement between 

the United States Nuclear Regulatory 

Commission and the State of Minnesota 

for the Discontinuance of Certain 

Commission Regulatory Authority and 

Responsibility Within the State 

Pursuant to Section 274 of the Atomic 

Energy Act of 1954, as Amended 

Whereas, The United States Nuclear 

Regulatory Commission (hereinafter 

referred to as the Commission) is 

authorized under section 274 of the 

Atomic Energy Act of 1954, as amended 

(hereinafter referred to as the Act), to 

enter into agreements with the Governor 

of any State providing for 

discontinuance of the regulatory 

authority of the Commission within the 

State under Chapters 6, 7, and 8, and 

section 161 of the Act with respect to 

byproduct materials as defined in 

sections 11e.(1) and (2) of the Act, 

source materials, and special nuclear 

materials in quantities not sufficient to 

form a critical mass; and, 

Whereas, The Governor of the State of 

Minnesota is authorized under 

§ 144.1202, Subdivision 1, Minnesota 

Statutes, to enter into this Agreement 

with the Commission; and, 

Whereas, The Governor of the State of 

Minnesota certified on July 6, 2004, that 

the State of Minnesota (hereinafter 

referred to as the State) has a program 

for the control of radiation hazards 

adequate to protect public health and 

safety with respect to the materials 

within the State covered by this 

Agreement, and that the State desires to 

assume regulatory responsibility for 

such materials; and, 

Whereas, The Commission found on 

[date] that the program of the State for 

the regulation of the materials covered 

by this Agreement is compatible with 

the Commission’s program for the 

regulation of such materials and is 

adequate to protect public health and 

safety; and, 

Whereas, The State and the 

Commission recognize the desirability 

and importance of cooperation between 

the Commission and the State in the 

formulation of standards for protection 

against hazards of radiation and in 

assuring that State and Commission 

programs for protection against hazards 

of radiation will be coordinated and 

compatible; and, 

Whereas, The Commission and the 

State recognize the desirability of the 

reciprocal recognition of licenses, and of 

the granting of limited exemptions from 

licensing of those materials subject to 

this Agreement; and, 

Whereas, This Agreement is entered 

into pursuant to the provisions of the 

Atomic Energy Act of 1954, as amended; 

Now, therefore, It is hereby agreed 

between the Commission and the 

Governor of the State acting in behalf of 

the State as follows: 

Article I 

Subject to the exceptions provided in 

Articles II, IV, and V, the Commission 

shall discontinue, as of the effective 

date of this Agreement, the regulatory 

authority of the Commission in the State 

under Chapters 6, 7, and 8, and section 

161 of the Act with respect to the 

following materials: 

A. Byproduct materials as defined in 

section 11e.(1) of the Act; 

B. Source materials; 

C. Special nuclear materials in 

quantities not sufficient to form a 

critical mass. 

Article II 

This Agreement does not provide for 

discontinuance of any authority and the 

Commission shall retain authority and 

responsibility with respect to: 

A. The regulation of the construction 

and operation of any production or 

utilization facility or any uranium 

enrichment facility; 

B. The regulation of the export from 

or import into the United States of 

byproduct, source, or special nuclear 

materials, or of any production or 

utilization facility; 

C. The regulation of the disposal into 

the ocean or sea of byproduct, source, or 

special nuclear materials waste as 

defined in the regulations or orders of 

the Commission; 

D. The regulation of the disposal of 

such other byproduct, source, or special 

69612 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices 

nuclear materials as the Commission 

from time to time determines by 

regulation or order should, because of 

the hazards or potential hazards thereof, 

not be so disposed without a license 

from the Commission; 

E. The evaluation of radiation safety 

information on sealed sources or 

devices containing byproduct, source, or 

special nuclear materials and the 

registration of the sealed sources or 

devices for distribution, as provided for 

in regulations or orders of the 

Commission. 

F. The regulation of the land disposal 

of by-product, source, or special nuclear 

materials waste received from other 

persons; 

G. The extraction or concentration of 

source material from source material ore 

and the management and disposal of the 

resulting byproduct material. 

Article III 

With the exception of those activities 

identified in Article II, paragraphs A 

through D, this Agreement may be 

amended, upon application by the State 

and approval by the Commission, to 

include one or more of the additional 

activities specified in Article II, 

paragraphs E, F, and G, whereby the 

State may then exert regulatory 

authority and responsibility with 

respect to those activities. 

Article IV 

Notwithstanding this Agreement, the 

Commission may from time to time by 

rule, regulation, or order, require that 

the manufacturer, processor, or 

producer of any equipment, device, 

commodity, or other product containing 

source, byproduct, or special nuclear 

materials shall not transfer possession 

or control of such product except 

pursuant to a license or an exemption 

from licensing issued by the 

Commission. 

Article V 

This Agreement shall not affect the 

authority of the Commission under 

subsection 161b or 161i of the Act to 

issue rules, regulations, or orders to 

protect the common defense and 

security, to protect restricted data, or to 

guard against the loss or diversion of 

special nuclear materials. 

Article VI 

The Commission will cooperate with 

the State and other Agreement States in 

the formulation of standards and 

regulatory programs of the State and the 

Commission for protection against 

hazards of radiation and to assure that 

Commission and State programs for 

protection against hazards of radiation 

will be coordinated and compatible. The 

State agrees to cooperate with the 

Commission and other Agreement States 

in the formulation of standards and 

regulatory programs of the State and the 

Commission for protection against 

hazards of radiation and to assure that 

the State’s program will continue to be 

compatible with the program of the 

Commission for the regulation of 

materials covered by this Agreement. 

The State and the Commission agree 

to keep each other informed of proposed 

changes in their respective rules and 

regulations, and to provide each other 

the opportunity for early and 

substantive contribution to the proposed 

changes. 

The State and the Commission agree 

to keep each other informed of events, 

accidents, and licensee performance 

that may have generic implication or 

otherwise be of regulatory interest. 

Article VII 

The Commission and the State agree 

that it is desirable to provide reciprocal 

recognition of licenses for the materials 

listed in Article I licensed by the other 

party or by any other Agreement State. 

Accordingly, the Commission and the 

State agree to develop appropriate rules, 

regulations, and procedures by which 

such reciprocity will be accorded. 

Article VIII 

The Commission, upon its own 

initiative after reasonable notice and 

opportunity for hearing to the State, or 

upon request of the Governor of the 

State, may terminate or suspend all or 

part of this Agreement and reassert the 

licensing and regulatory authority 

vested in it under the Act if the 

Commission finds that (1) such 

termination or suspension is required to 

protect public health and safety, or (2) 

the State has not complied with one or 

more of the requirements of section 274 

of the Act. The Commission may also, 

pursuant to section 274j of the Act, 

temporarily suspend all or part of this 

Agreement if, in the judgment of the 

Commission, an emergency situation 

exists requiring immediate action to 

protect public health and safety and the 

State has failed to take necessary steps. 

The Commission shall periodically 

review actions taken by the State under 

this Agreement to ensure compliance 

with section 274 of the Act which 

requires a State program to be adequate 

to protect public health and safety with 

respect to the materials covered by this 

Agreement and to be compatible with 

the Commission’s program. 

Article IX 

This Agreement shall become 

effective on [date], and shall remain in 

effect unless and until such time as it is 

terminated pursuant to Article VIII. 

Done at [City, State] this [date] day of 

[month], [year]. 

For the United States Nuclear Regulatory 

Commission. 

Nils J. Diaz, 

Chairman. 

For the State of Minnesota. 

Tim Pawlenty, 

Governor. 

[FR Doc. 05–22580 Filed 11–15–05; 8:45 am] 

BILLING CODE 7590–01–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

Proposed Collection; Comment 

Request for Review of an Expiring 

Information Collection Form: OPM–

1386B 

AGENCY: Office of Personnel 

Management. 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 (Pub. 

L. 104–13, May 22, 1995), this notice 

announces the Office of Personnel 

Management (OPM) intends to submit to 

the Office of Management and Budget a 

request for review of an expiring 

information collection form. OPM–

1386B, Applicant Race and National 

Origin Questionnaire, is used to gather 

information concerning the race and 

national origin of applicants for 

employment under the Outstanding 

Scholar provision of the Luevano 

Consent Decree, 93 F.R.D. 68 (1981). 

New standards for collecting race and 

ethnicity are defined in the Federal 

Register notice, ‘‘Revisions to the 

Standards for the Classification of 

Federal Data on Race and Ethnicity,’’ 62 

FR 58782 (1997). The standards change 

the classification of Federal data on race 

and ethnicity contained in OMB 

Directive 15, Race and Ethnic Standards 

for Federal Statistics and Administrative 

Reporting. This classification provides a 

minimum standard for maintaining, 

collecting, and presenting data on race 

and ethnicity. The standards have five 

categories for race and two categories for 

ethnicity. They also allow individuals to 

select more than one race, based on selfidentification. 

Approximately 100,000 OPM–1386B 

forms are completed annually. Each 

form takes approximately 5 minutes to 

complete. The annual estimated burden 

is 8,333 hours.