81_FR_67588 81 FR 67398 - Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity

81 FR 67398 - Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity

OFFICE OF MANAGEMENT AND BUDGET

Federal Register Volume 81, Issue 190 (September 30, 2016)

Page Range67398-67401
FR Document2016-23672

The Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity were last revised in 1997 (62 FR 58782, Oct. 30, 1997; see https://www.whitehouse.gov/omb/ fedreg_1997standards). Since these revisions were implemented, much has been learned about how these standards have improved the quality of Federal information collected and presented on race and ethnicity. At the same time, some areas may benefit from further refinement. Accordingly, OMB currently is undertaking a review of particular components of the 1997 standard: The use of separate questions measuring race and ethnicity and question phrasing; the classification of a Middle Eastern and North African group and reporting category; the description of the intended use of minimum reporting categories; and terminology used for race and ethnicity classifications. OMB's current review of the standard is limited to these areas. Specific questions appear under the section, ``Issues for Comment.''

Federal Register, Volume 81 Issue 190 (Friday, September 30, 2016)
[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Notices]
[Pages 67398-67401]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23672]


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OFFICE OF MANAGEMENT AND BUDGET


Standards for Maintaining, Collecting, and Presenting Federal 
Data on Race and Ethnicity

AGENCY: Executive Office of the President, Office of Management and 
Budget (OMB).

ACTION: Review and Possible Limited Revision of OMB's Statistical 
Policy Directive on Standards for Maintaining, Collecting, and 
Presenting Federal Data on Race and Ethnicity.

-----------------------------------------------------------------------

SUMMARY: The Standards for Maintaining, Collecting, and Presenting 
Federal Data on Race and Ethnicity were last revised in 1997 (62 FR 
58782, Oct. 30, 1997; see https://www.whitehouse.gov/omb/fedreg_1997standards). Since these revisions were implemented, much has 
been learned about how these standards have improved the quality of 
Federal information collected and presented on race and ethnicity. At 
the same time, some areas may benefit from further refinement. 
Accordingly, OMB currently is undertaking a review of particular 
components of the 1997 standard: The use of separate questions 
measuring race and ethnicity and question phrasing; the classification 
of a Middle Eastern and North African group and reporting category; the 
description of the intended use of minimum reporting categories; and 
terminology used for race and ethnicity classifications. OMB's current 
review of the standard is limited to these areas. Specific questions 
appear under the section, ``Issues for Comment.''

DATES: Comments on the review and possible limited revisions to OMB's 
Standards for Maintaining, Collecting, and Presenting Federal Data on 
Race and Ethnicity detailed in this notice must be in writing. To 
ensure consideration of comments, they must be received no later than 
[30 days from the publication of this notice]. Please be aware of 
delays in mail processing at Federal facilities due to increased 
security. Respondents are encouraged to send comments electronically 
via email, or http://www.regulations.gov (discussed in ADDRESSES 
below).

ADDRESSES: Written comments on these issues may be addressed to 
Katherine K. Wallman, Chief Statistician, Office of Management and 
Budget, 1800 G St., 9th Floor, Washington, DC 20503. You may also send 
comments or questions via Email to [email protected] or to 
http://www.regulations.gov--a Federal E-Government Web site that allows 
the public to find, review, and submit comments on documents that 
agencies have published in the Federal Register and that are open for 
comment. Simply type, ``Race-ethnicity'' (in quotes) in the Comment or 
Submission search box, click Go, and follow the instructions for 
submitting comments.
    Comments submitted in response to this notice may be made available 
to the public through relevant Web sites. For this reason, please do 
not include in your comments information of a confidential nature, such 
as sensitive personal information or proprietary

[[Page 67399]]

information. If you send an email comment, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket. Please note that responses to this public 
comment request containing any routine notice about the confidentiality 
of the communication will be treated as public comments that may be 
made available to the public notwithstanding the inclusion of the 
routine notice.
    Electronic Availability: This document is available on the Internet 
on the OMB Web site at: https://www.whitehouse.gov/sites/default/files/omb/inforeg/directive15/race-ethnicity_directive_2016FRN1.pdf.

FOR FURTHER INFORMATION CONTACT: Jennifer Park, Senior Statisitician, 
1800 G St., 9th Floor, Washington, DC 20503, Email address: [email protected], telephone number: (202) 395-9046.

SUPPLEMENTARY INFORMATION: 
    Background: Development work on the standards for classification of 
Federal data on race and ethnicity originated in the activities of the 
Federal Interagency Committee on Education (FICE), which was originally 
established by Executive Order 11185 in 1964. The FICE Subcommittee on 
Minority Education completed a report in April 1973 on higher education 
for Chicanos, Puerto Ricans, and American Indians, which noted in 
particular the lack of comparable data on racial and ethnic groups. 
Accordingly, the report called for the coordinated development of 
common definitions for racial and ethnic groups, and the Federal 
collection of racial and ethnic enrollment and other educational data 
on a compatible and nonduplicative basis.
    In June 1974, FICE created an Ad Hoc Committee on Racial and Ethnic 
Definitions whose 25 members came from Federal agencies with major 
responsibilities for the collection or use of racial and ethnic data. 
It took on the task of determining and describing the major groups to 
be identified by Federal agencies when collecting and reporting racial 
and ethnic data. The Ad Hoc Committee wanted to ensure that whatever 
categories the various agencies used could be aggregated, 
disaggregated, or otherwise combined so that the data developed by one 
agency could be used in conjunction with the data developed by another 
agency. In addition, the Ad Hoc Committee recommended that the 
categories could be subdivided into more detailed ethnic groups to meet 
users' needs, but that to maintain comparability, such detail data 
should aggregate into the minimum racial and ethnic categories.
    Following testing of proposed categories, and the receipt of 
comments and incorporation of suggested modifications, OMB on May 12, 
1977, promulgated for use by all Federal agencies minimum standard 
categories for the collection and presentation of data on race and 
ethnicity. (See 42 FR 1926 May 12, 1977.) (Although OMB required the 
agencies to use these racial and ethnic categories at a minimum, it 
should be emphasized that the standard permited collection of 
additional detail if the more detailed categories could be aggregated 
into the minimum racial and ethnic categories to allow comparability of 
data.)
    In 1994, OMB published a notice of proposed review and possible 
revision of the standard. (See https://www.whitehouse.gov/omb/fedreg_notice_15.) It requested comments on the adequacy of then 
current categories. Specifically, it asked for comments on the addition 
of a ``multiracial'' category; the addition of an ``Other Race'' 
category; use of an open-ended question to solicit information on race 
and ethnicity; the names of the ``Black'' category and the ``American 
Indian or Alaska Native'' category; including ``Native Hawaiians'' as a 
separate reporting category from the ``Asian or Pacific Islander'' 
category; adding Hispanic as a racial designation rather than 
ethnicity; and adding an ``Arab or Middle Eastern'' category as an 
ethnicity. OMB established an Interagency Committee for the Review of 
the Racial and Ethnic Standards, whose members represented the many and 
diverse Federal needs for racial and ethnic data, including statutory 
requirements for such data.
    In 1997, OMB published the recommendations of the Interagency 
Committee in its notice of decision. (See https://www.whitehouse.gov/omb/fedreg_1997standards.) Drawing from stakeholder input, Interagency 
Committee statistical analysis, and public comment, the standard was 
revised in several ways. It required separate measures of race and 
ethnicity, with the ``Hispanic or Latino'' ethnicity presented first. 
Respondents were offered the option of selecting one or more racial 
designations, with the use of the instructions ``Mark one or more'' and 
``Select one or more.'' ``AfricanAmerican'' was added to the category 
of ``Black.'' ``Native Hawaiian or Other Pacific Islander'' was created 
as a separate category from ``Asian or Pacific Islander.'' However, 
agreement could not be reached regarding the composition of an ``Arab/
Middle Eastern'' category, and no classification or category was 
therefore defined.
    Current Review: Since the 1997 revision, the U.S. population has 
continued to become more racially and ethnically diverse. Additionally, 
much has been learned about the implementation of these standards since 
they were issued approximately two decades ago. In accordance with good 
statistical practice, several Federal agencies have conducted 
methodological research to better understand how use of the revised 
standard informs the quality of Federal statistics on race and 
ethnicity.
    In 2014, OMB formed an Interagency Working Group for Research on 
Race and Ethnicity to exchange research findings, identify 
implementation issues, and collaborate on a shared research agenda to 
improve Federal data on race and ethnicity. The Working Group comprises 
representatives from ten cabinet departments and three other agencies 
engaged in the collection or use of Federal race and ethnicity data.
    Through its systematic review of the implemention of the 1997 
revision and stakeholder feedback, the Working Group identified four 
particular areas where further revisions to the standard might improve 
the quality of race and ethnicity information collected and presented 
by Federal agencies. Specifically, these four areas include:
    1. The use of separate questions versus a combined question to 
measure race and ethnicity and question phrasing;
    2. the classification of a Middle Eastern and North African group 
and distinct reporting category;
    3. the description of the intended use of minimum reporting 
categories; and
    4. the salience of terminology used for race and ethnicity 
classifications and other language in the standard.
    Issues for Comment: With this Notice, OMB is seeking comments from 
the public on: (1) The adequacy of the current standard in the areas 
identified for focused review (see detailed descriptions below); (2) 
specific suggestions for the identified areas that have been offered; 
and (3) principles that should govern any proposed revisions to the 
standards in the identified areas.
    Question Format & Nonresponse: Although many respondents report 
within the race and ethnicity categories specified by the standard, 
recent censuses, surveys, and experimental tests have shown that its 
implementation is not well understood and/or is considered inadequate 
by some respondents. This results in respondents' inability and/or

[[Page 67400]]

unwillingness to self-identify as the standard intends.
    For a growing segment of respondents, this situation arises because 
of the conceptual complexity that is rooted in the standard's 
definitional distinction of race from ethnicity. Nearly half of 
Hispanic or Latino respondents do not identify within any of the 
standard's race categories (Rios et al. 2014; see https://www.census.gov/population/www/documentation/twps0102/twps0102.pdf). 
With the projected steady growth of the Hispanic or Latino population, 
the number of people who do not identify with any of the standard's 
race categories is expected to increase (Compton et al. 2012; see 
https://www.census.gov/2010census/pdf/2010_Census_Race_HO_AQE.pdf; Rios 
et al. 2014). Additionally, although the reporting of multiple races is 
permitted according to the current standard, reporting multiple 
Hispanic origins or a mixed Hispanic/non-Hispanic heritage in the 
current Hispanic ethnicity question is not permitted. (Please note: The 
terms `Hispanic or Latino'' and ``Hispanic'' are used interchangeably 
in this Notice.)
    To explore this issue further, the U.S. Census Bureau conducted the 
2010 Census Race and Hispanic Origin Alternative Questionnaire 
Experiment (AQE). Among its most notable findings was that a combined 
question design (rather than the current standard of separate 
questions) yielded a substantially increased use of OMB standard 
categories among Hispanic or Latino respondents, signaling that a 
combined question approach may better reflect how Hispanic or Latino 
respondents view themselves (see https://www.census.gov/2010census/pdf/2010_Census_Race_HO_AQE.pdf). Qualitative aspects of this research 
further supported this interpretation. The Federal Interagency Working 
Group for Research on Race and Ethnicity continues to examine this 
proposal. If a combined measure were to be used outside of a limited, 
methodological experiment, it would be necessary for OMB to revise the 
current standard.
    Middle Eastern or North African: According to the current standard, 
the aggregate reporting category of ``White'' race includes people 
having origins in any of the original peoples of Europe, the Middle 
East, or North Africa. During the periodic review preceding the 1997 
revision, OMB's Interagency Committee for the Review of the Racial and 
Ethnic Standards considered suggestions to require an additional, 
distinct minimum reporting category for respondents identifying as 
``Arabs or Middle Easterners.'' At the conclusion of the review, 
agreement could not be reached among public stakeholders on the 
intended measurement concept (i.e., whether the category should be 
based on language, geography, etc.) nor, accordingly, a definition for 
this category. The Committee took this public disagreement into 
consideration and thus did not issue a definition nor an additional, 
minimum reporting category for this group. Instead, OMB encouraged 
further research be done to determine the best way to improve data for 
``Arabs/Middle Easterners.'' The Federal Interagency Working Group for 
Research on Race and Ethnicity continues to examine this proposal, with 
input from multiple stakeholders. If consensus upon a definition for 
Middle Eastern or North African can be reached, with or without the 
requirement of an additional, separate, aggregate reporting category, 
OMB would need to revise the current standard to clarify the 
classification instructions. This would address potential 
inconsistencies across data collections where data describing a Middle 
Eastern or North African group could be reported separately for 
detailed analyses (for example, where sample size permits), but 
otherwise could be aggregated into the ``White'' reporting category to 
facilitate comparability across information collections that would not 
have large enough samples to permit separate, detailed reporting.
    Intent of Minimum Categories: The standard provides a minimum set 
of racial and ethnic categories for use when Federal agencies are 
collecting and presenting such information for statistical, 
administrative, or compliance purposes. However, it does not preclude 
the collection and presentation of additional detailed categories for 
statistical, administrative, or compliance purposes, provided that the 
additional detailed categories can be aggregated into the minimum set 
to permit comparisons. Specifically, the current standard advises, ``In 
no case shall the provisions of the standards be construed to limit the 
collection of data to the categories described above. The collection of 
greater detail is encouraged . . .''
    There are numerous examples of Federal agencies collecting detailed 
race and ethnicity data in their statistical reporting; these are not 
limited to decennial censuses or extremely large surveys, such as the 
American Community Survey (ACS). Nonetheless, OMB has learned that the 
minimum reporting categories as described in the current standard are 
often misinterpreted as the only permissible reporting categories. 
Accordingly, OMB has asked the Federal Interagency Working Group for 
Research on Race and Ethnicity to examine the language in the current 
standard in order to improve the understanding of the intended use of 
minimum categories, that is, to facilitate comparison across 
information collections, rather than to limit detailed race and ethnic 
group information collection and presentation.
    Terminology: As the diversity of the U.S. continues to increase, it 
becomes more important for people to understand the racial and ethnic 
terminology included in Federal data collection systems. The language 
used to describe race and ethnicity changes over time, and while some 
terminology continues to resonate with group members, other expressions 
may fall out of favor or take on other meanings.
    For example, the standard currently designates ``Black or African 
American'' as the ``principal minority race.'' This designation 
provides an option, in certain circumstances, for presentation of the 
``White'' category, the ``Black or African American'' category (as the 
`principal minority race') and the ``All Other Races'' category, 
without the requirement of also presenting other minimum reporting 
categories. The designation may warrant revision for several reasons. 
First, certain definitions of ``minority'' as including Hispanic (i.e., 
HR 4238; see https://www.congress.gov/bill/114th-congress/house-bill/4238), and the relative prevalence of the Hispanic or Latino population 
compared with the Black or African American population, suggest 
potential revision of the ``principal minority race'' designation, or 
the use of alternative terms (e.g., ``principal minority race/
ethnicity''). Perhaps most broadly, the utility of presenting a 
category of ``All Other Races,'' given the diversity of experience 
among other race/ethnicity groups, and the salience of designating a 
``principal minority'' for presentation purposes, suggests further 
review. The Federal Interagency Working Group for Research on Race and 
Ethnicity is examining such terminology for possible revision to the 
standard.
    Guidance for Review:
    Federal Uses of Race and Ethnicity Data: When providing comment 
regarding proposed areas for possible revision, it may be helpful to 
keep in mind how the standard is used. The standard not only guides 
information collected and presented from the decennial census and 
numerous other statistical collections, but also is used by Federal 
agencies for civil rights enforcement and for program

[[Page 67401]]

administrative reporting. These include, among others:
     Enforcing the requirements of the Voting Rights Act;
     reviewing State congressional redistricting plans;
     collecting and presenting population and population 
characteristics data, labor force data, education data, and vital and 
health statistics;
     establishing and evaluating Federal affirmative action 
plans and evaluating affirmative action and discrimination in 
employment in the private sector;
     monitoring the access of minorities to home mortgage loans 
under the Home Mortgage Disclosure Act;
     enforcing the Equal Credit Opportunity Act;
     monitoring and enforcing desegregation plans in the public 
schools;
     assisting minority businesses under the minority business 
development programs; and
     monitoring and enforcing the Fair Housing Act.
    To most effectively promote information quality, the intended uses 
of data on race and ethnicity should be considered when changes to the 
standards are contemplated. Additionally, the possible effects of any 
proposed changes on the quality and utility of the resulting data must 
be considered.
    General Principles for the Review of the Racial and Ethnic Data 
Categories: When providing comment on particular areas of the current 
standard, it also may be helpful to consult the principles that framed 
the 1977 and 1997 revisions. Comments on these principles are welcomed.
    1. The racial and ethnic categories set forth in the standard 
should not be interpreted as being scientific or anthropological in 
nature.
    2. Respect for individual dignity should guide the processes and 
methods for collecting data on race and ethnicity; respondent self-
identification should be facilitated to the greatest extent possible.
    3. To the extent practicable, the concepts and terminology should 
reflect clear and generally understood definitions that can achieve 
broad public acceptance.
    4. The racial and ethnic categories should be comprehensive in 
coverage and produce compatible, nonduplicated, exchangeable data 
across Federal agencies.
    5. Foremost consideration should be given to data aggregations by 
race and ethnicity that are useful for statistical analysis, program 
administration and assessment, and enforcement of existing laws and 
judicial decisions, bearing in mind that the standards are not intended 
to be used to establish eligibility for participation in any Federal 
program.
    6. While Federal data needs for racial and ethnic data are of 
primary importance, consideration should also be given to needs at the 
State and local government levels, including American Indian tribal and 
Alaska Native village governments, as well as to general societal needs 
for these data.
    7. The categories should set forth a minimum standard; additional 
categories should be permitted provided they can be aggregated to the 
standard categories. The number of standard categories should be kept 
to a manageable size, as determined by statistical concerns and data 
needs.
    8. A revised set of categories should be operationally feasible in 
terms of burden placed upon respondents and the cost to agencies and 
respondents to implement the revisions.
    9. Any changes in the categories should be based on sound 
methodological research and should include evaluations of the impact of 
any changes not only on the usefulness of the resulting data but also 
on the comparability of any new categories with the existing ones.
    10. Any revision to the categories should provide for a crosswalk 
at the time of adoption between the old and the new categories so that 
historical data series can be statistically adjusted and comparisons 
can be made.
    11. Because of the many and varied needs and strong interdependence 
of Federal agencies for racial and ethnic data, any changes to the 
existing categories should be the product of an interagency 
collaborative effort.
    OMB recognizes that these principles may in some cases represent 
competing goals for the standard. Through the review process, it will 
be necessary to balance statistical issues, needs for data, and social 
concerns. The application of these principles to guide the review and 
possible revision of the standard ultimately should result in 
consistent, publicly accepted data on race and ethnicity that will meet 
the needs of the government and the public while recognizing the 
diversity of the population and respecting the individual's dignity.

Howard A. Shelanski,
Administrator, Office of Information and Regulatory Affairs.
[FR Doc. 2016-23672 Filed 9-29-16; 8:45 am]
 BILLING CODE 3110-01-P



                                                  67398                       Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices

                                                  III. Proposed Actions                                      Because of security procedures, the                SUMMARY:    The Standards for
                                                     OSHA is requesting that OMB extend                   use of regular mail may cause a                       Maintaining, Collecting, and Presenting
                                                  its approval of the collection of                       significant delay in the receipt of                   Federal Data on Race and Ethnicity were
                                                  information requirements contained in                   comments. For information about                       last revised in 1997 (62 FR 58782, Oct.
                                                  the Construction Standards on Fall                      security procedures concerning the                    30, 1997; see https://
                                                  Protection Systems Criteria and                         delivery of materials by hand, express                www.whitehouse.gov/omb/fedreg_
                                                  Practices (29 CFR 1926.502) and                         delivery, messenger, or courier service,              1997standards). Since these revisions
                                                                                                          please contact the OSHA Docket Office                 were implemented, much has been
                                                  Training Requirements (29 CFR
                                                                                                          at (202) 693–2350, (TTY (877) 889–                    learned about how these standards have
                                                  1926.503). OSHA is requesting a 31,264
                                                                                                          5627).                                                improved the quality of Federal
                                                  burden hour reduction, from 457,108
                                                                                                             Comments and submissions are                       information collected and presented on
                                                  hours to 425,844 based on the Agency’s
                                                                                                          posted without change at http://                      race and ethnicity. At the same time,
                                                  determinations that fewer employers are
                                                                                                          www.regulations.gov. Therefore, OSHA                  some areas may benefit from further
                                                  required to comply with the Standard’s
                                                                                                          cautions commenters about submitting                  refinement. Accordingly, OMB currently
                                                  collection of information requirements
                                                                                                          personal information such as social                   is undertaking a review of particular
                                                  and that information exchanged during
                                                                                                          security numbers and date of birth.                   components of the 1997 standard: The
                                                  an OSHA compliance inspection is not
                                                                                                          Although all submissions are listed in                use of separate questions measuring race
                                                  covered by the PRA. The Agency will
                                                                                                          the http://www.regulations.gov index,                 and ethnicity and question phrasing; the
                                                  summarize the comments submitted in
                                                                                                          some information (e.g., copyrighted                   classification of a Middle Eastern and
                                                  response to this notice and will include
                                                                                                          material) is not publicly available to                North African group and reporting
                                                  this summary in the request to OMB.
                                                                                                          read or download from this Web site.                  category; the description of the intended
                                                     Type of Review: Extension of a
                                                                                                          All submissions, including copyrighted                use of minimum reporting categories;
                                                  currently approved collection.
                                                                                                          material, are available for inspection                and terminology used for race and
                                                     Title: Construction Fall Protection
                                                                                                          and copying at the OSHA Docket Office.                ethnicity classifications. OMB’s current
                                                  Systems Criteria and Practices (29 CFR
                                                                                                          Information on using the http://                      review of the standard is limited to
                                                  1926.502) and Training Requirements
                                                                                                          www.regulations.gov Web site to submit                these areas. Specific questions appear
                                                  (29 CFR 1926.503).
                                                                                                          comments and access the docket is                     under the section, ‘‘Issues for
                                                     OMB Control Number: 1218–0197.
                                                                                                          available at the Web site’s ‘‘User Tips’’             Comment.’’
                                                     Affected Public: Business or other for-
                                                  profits; Federal Government; State,                     link. Contact the OSHA Docket Office                  DATES: Comments on the review and
                                                  Local, or Tribal Government.                            for information about materials not                   possible limited revisions to OMB’s
                                                     Number of Responses: 5,314,317.                      available from the Web site, and for                  Standards for Maintaining, Collecting,
                                                     Frequency of Record Keeping: On                      assistance in using the Internet to locate            and Presenting Federal Data on Race
                                                  occasion, annually.                                     docket submissions.                                   and Ethnicity detailed in this notice
                                                     Average Time per Response: Time per                  V. Authority and Signature                            must be in writing. To ensure
                                                  response ranges from 5 minutes (.08                                                                           consideration of comments, they must
                                                  hour) to certify a safety net to 1 hour to                David Michaels, Ph.D., MPH,                         be received no later than [30 days from
                                                  develop a fall protection plan.                         Assistant Secretary of Labor for                      the publication of this notice]. Please be
                                                     Estimated Total Burden Hours:                        Occupational Safety and Health,                       aware of delays in mail processing at
                                                  425,844.                                                directed the preparation of this notice.              Federal facilities due to increased
                                                     Estimated Cost (Operation and                        The authority for this notice is the                  security. Respondents are encouraged to
                                                  Maintenance): $0.                                       Paperwork Reduction Act of 1995 (44                   send comments electronically via email,
                                                                                                          U.S.C. 3506 et seq.) and Secretary of                 or http://www.regulations.gov
                                                  IV. Public Participation—Submission of                  Labor’s Order No. 1–2012 (77 FR 3912).                (discussed in ADDRESSES below).
                                                  Comments on This Notice and Internet                      Signed at Washington, DC, on September              ADDRESSES: Written comments on these
                                                  Access to Comments and Submissions                      27, 2016.                                             issues may be addressed to Katherine K.
                                                     You may submit comments in                           David Michaels,                                       Wallman, Chief Statistician, Office of
                                                  response to this document as follows:                   Assistant Secretary of Labor for Occupational         Management and Budget, 1800 G St.,
                                                  (1) electronically at http://                           Safety and Health.                                    9th Floor, Washington, DC 20503. You
                                                  www.regulations.gov, which is the                       [FR Doc. 2016–23667 Filed 9–29–16; 8:45 am]           may also send comments or questions
                                                  Federal eRulemaking Portal; (2) by                      BILLING CODE 4510–26–P                                via Email to Race-ethnicity@
                                                  facsimile (fax); or (3) by hard copy. All                                                                     omb.eop.gov or to http://
                                                  comments, attachments, and other                                                                              www.regulations.gov—a Federal E-
                                                  material must identify the Agency name                                                                        Government Web site that allows the
                                                  and the OSHA docket number for this                     OFFICE OF MANAGEMENT AND                              public to find, review, and submit
                                                  ICR (Docket No. OSHA–2010–0008).                        BUDGET                                                comments on documents that agencies
                                                  You may supplement electronic                                                                                 have published in the Federal Register
                                                  submissions by uploading document                       Standards for Maintaining, Collecting,                and that are open for comment. Simply
                                                  files electronically. If you wish to mail               and Presenting Federal Data on Race                   type, ‘‘Race-ethnicity’’ (in quotes) in the
                                                  additional materials in reference to an                 and Ethnicity                                         Comment or Submission search box,
                                                  electronic or facsimile submission, you                 AGENCY:  Executive Office of the                      click Go, and follow the instructions for
                                                  must submit them to the OSHA Docket                                                                           submitting comments.
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          President, Office of Management and
                                                  Office (see the section of this notice                  Budget (OMB).                                            Comments submitted in response to
                                                  titled ADDRESSES). The additional                                                                             this notice may be made available to the
                                                                                                          ACTION: Review and Possible Limited
                                                  materials must clearly identify your                                                                          public through relevant Web sites. For
                                                                                                          Revision of OMB’s Statistical Policy
                                                  electronic comments by your full name,                                                                        this reason, please do not include in
                                                                                                          Directive on Standards for Maintaining,
                                                  date, and the docket number so the                                                                            your comments information of a
                                                                                                          Collecting, and Presenting Federal Data
                                                  Agency can attach them to your                                                                                confidential nature, such as sensitive
                                                                                                          on Race and Ethnicity.
                                                  comments.                                                                                                     personal information or proprietary


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                                                                              Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices                                          67399

                                                  information. If you send an email                       aggregate into the minimum racial and                 Eastern’’ category, and no classification
                                                  comment, your email address will be                     ethnic categories.                                    or category was therefore defined.
                                                  automatically captured and included as                     Following testing of proposed                         Current Review: Since the 1997
                                                  part of the comment that is placed in the               categories, and the receipt of comments               revision, the U.S. population has
                                                  public docket. Please note that                         and incorporation of suggested                        continued to become more racially and
                                                  responses to this public comment                        modifications, OMB on May 12, 1977,                   ethnically diverse. Additionally, much
                                                  request containing any routine notice                   promulgated for use by all Federal                    has been learned about the
                                                  about the confidentiality of the                        agencies minimum standard categories                  implementation of these standards since
                                                  communication will be treated as public                 for the collection and presentation of                they were issued approximately two
                                                  comments that may be made available to                  data on race and ethnicity. (See 42 FR                decades ago. In accordance with good
                                                  the public notwithstanding the                          1926 May 12, 1977.) (Although OMB                     statistical practice, several Federal
                                                  inclusion of the routine notice.                        required the agencies to use these racial             agencies have conducted
                                                     Electronic Availability: This                        and ethnic categories at a minimum, it                methodological research to better
                                                  document is available on the Internet on                should be emphasized that the standard                understand how use of the revised
                                                  the OMB Web site at: https://                           permited collection of additional detail              standard informs the quality of Federal
                                                  www.whitehouse.gov/sites/default/files/                 if the more detailed categories could be              statistics on race and ethnicity.
                                                  omb/inforeg/directive15/race-ethnicity_                 aggregated into the minimum racial and                   In 2014, OMB formed an Interagency
                                                  directive_2016FRN1.pdf.                                 ethnic categories to allow comparability              Working Group for Research on Race
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          of data.)                                             and Ethnicity to exchange research
                                                                                                             In 1994, OMB published a notice of                 findings, identify implementation
                                                  Jennifer Park, Senior Statisitician, 1800
                                                                                                          proposed review and possible revision                 issues, and collaborate on a shared
                                                  G St., 9th Floor, Washington, DC 20503,
                                                                                                          of the standard. (See https://                        research agenda to improve Federal data
                                                  Email address: Race-ethnicity@
                                                                                                          www.whitehouse.gov/omb/fedreg_                        on race and ethnicity. The Working
                                                  omb.eop.gov, telephone number: (202)
                                                                                                          notice_15.) It requested comments on                  Group comprises representatives from
                                                  395–9046.
                                                                                                          the adequacy of then current categories.              ten cabinet departments and three other
                                                  SUPPLEMENTARY INFORMATION:                              Specifically, it asked for comments on                agencies engaged in the collection or
                                                     Background: Development work on                      the addition of a ‘‘multiracial’’ category;           use of Federal race and ethnicity data.
                                                  the standards for classification of                     the addition of an ‘‘Other Race’’                        Through its systematic review of the
                                                  Federal data on race and ethnicity                      category; use of an open-ended question               implemention of the 1997 revision and
                                                  originated in the activities of the Federal             to solicit information on race and                    stakeholder feedback, the Working
                                                  Interagency Committee on Education                      ethnicity; the names of the ‘‘Black’’                 Group identified four particular areas
                                                  (FICE), which was originally established                category and the ‘‘American Indian or                 where further revisions to the standard
                                                  by Executive Order 11185 in 1964. The                   Alaska Native’’ category; including                   might improve the quality of race and
                                                  FICE Subcommittee on Minority                           ‘‘Native Hawaiians’’ as a separate                    ethnicity information collected and
                                                  Education completed a report in April                   reporting category from the ‘‘Asian or                presented by Federal agencies.
                                                  1973 on higher education for Chicanos,                  Pacific Islander’’ category; adding                   Specifically, these four areas include:
                                                  Puerto Ricans, and American Indians,                    Hispanic as a racial designation rather                  1. The use of separate questions
                                                  which noted in particular the lack of                   than ethnicity; and adding an ‘‘Arab or               versus a combined question to measure
                                                  comparable data on racial and ethnic                    Middle Eastern’’ category as an                       race and ethnicity and question
                                                  groups. Accordingly, the report called                  ethnicity. OMB established an                         phrasing;
                                                  for the coordinated development of                      Interagency Committee for the Review                     2. the classification of a Middle
                                                  common definitions for racial and                       of the Racial and Ethnic Standards,                   Eastern and North African group and
                                                  ethnic groups, and the Federal                          whose members represented the many                    distinct reporting category;
                                                  collection of racial and ethnic                         and diverse Federal needs for racial and                 3. the description of the intended use
                                                  enrollment and other educational data                   ethnic data, including statutory                      of minimum reporting categories; and
                                                  on a compatible and nonduplicative                      requirements for such data.                              4. the salience of terminology used for
                                                  basis.                                                     In 1997, OMB published the                         race and ethnicity classifications and
                                                     In June 1974, FICE created an Ad Hoc                 recommendations of the Interagency                    other language in the standard.
                                                  Committee on Racial and Ethnic                          Committee in its notice of decision. (See                Issues for Comment: With this Notice,
                                                  Definitions whose 25 members came                       https://www.whitehouse.gov/omb/                       OMB is seeking comments from the
                                                  from Federal agencies with major                        fedreg_1997standards.) Drawing from                   public on: (1) The adequacy of the
                                                  responsibilities for the collection or use              stakeholder input, Interagency                        current standard in the areas identified
                                                  of racial and ethnic data. It took on the               Committee statistical analysis, and                   for focused review (see detailed
                                                  task of determining and describing the                  public comment, the standard was                      descriptions below); (2) specific
                                                  major groups to be identified by Federal                revised in several ways. It required                  suggestions for the identified areas that
                                                  agencies when collecting and reporting                  separate measures of race and ethnicity,              have been offered; and (3) principles
                                                  racial and ethnic data. The Ad Hoc                      with the ‘‘Hispanic or Latino’’ ethnicity             that should govern any proposed
                                                  Committee wanted to ensure that                         presented first. Respondents were                     revisions to the standards in the
                                                  whatever categories the various agencies                offered the option of selecting one or                identified areas.
                                                  used could be aggregated, disaggregated,                more racial designations, with the use of                Question Format & Nonresponse:
                                                  or otherwise combined so that the data                  the instructions ‘‘Mark one or more’’                 Although many respondents report
                                                  developed by one agency could be used                   and ‘‘Select one or more.’’                           within the race and ethnicity categories
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                                                  in conjunction with the data developed                  ‘‘AfricanAmerican’’ was added to the                  specified by the standard, recent
                                                  by another agency. In addition, the Ad                  category of ‘‘Black.’’ ‘‘Native Hawaiian              censuses, surveys, and experimental
                                                  Hoc Committee recommended that the                      or Other Pacific Islander’’ was created as            tests have shown that its
                                                  categories could be subdivided into                     a separate category from ‘‘Asian or                   implementation is not well understood
                                                  more detailed ethnic groups to meet                     Pacific Islander.’’ However, agreement                and/or is considered inadequate by
                                                  users’ needs, but that to maintain                      could not be reached regarding the                    some respondents. This results in
                                                  comparability, such detail data should                  composition of an ‘‘Arab/Middle                       respondents’ inability and/or


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                                                  67400                       Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices

                                                  unwillingness to self-identify as the                   Easterners.’’ At the conclusion of the                reporting categories. Accordingly, OMB
                                                  standard intends.                                       review, agreement could not be reached                has asked the Federal Interagency
                                                     For a growing segment of                             among public stakeholders on the                      Working Group for Research on Race
                                                  respondents, this situation arises                      intended measurement concept (i.e.,                   and Ethnicity to examine the language
                                                  because of the conceptual complexity                    whether the category should be based                  in the current standard in order to
                                                  that is rooted in the standard’s                        on language, geography, etc.) nor,                    improve the understanding of the
                                                  definitional distinction of race from                   accordingly, a definition for this                    intended use of minimum categories,
                                                  ethnicity. Nearly half of Hispanic or                   category. The Committee took this                     that is, to facilitate comparison across
                                                  Latino respondents do not identify                      public disagreement into consideration                information collections, rather than to
                                                  within any of the standard’s race                       and thus did not issue a definition nor               limit detailed race and ethnic group
                                                  categories (Rios et al. 2014; see https://              an additional, minimum reporting                      information collection and presentation.
                                                  www.census.gov/population/www/                          category for this group. Instead, OMB                    Terminology: As the diversity of the
                                                  documentation/twps0102/                                 encouraged further research be done to                U.S. continues to increase, it becomes
                                                  twps0102.pdf). With the projected                       determine the best way to improve data                more important for people to
                                                  steady growth of the Hispanic or Latino                 for ‘‘Arabs/Middle Easterners.’’ The                  understand the racial and ethnic
                                                  population, the number of people who                    Federal Interagency Working Group for                 terminology included in Federal data
                                                  do not identify with any of the                         Research on Race and Ethnicity                        collection systems. The language used
                                                  standard’s race categories is expected to               continues to examine this proposal,                   to describe race and ethnicity changes
                                                  increase (Compton et al. 2012; see                      with input from multiple stakeholders.                over time, and while some terminology
                                                  https://www.census.gov/2010census/                      If consensus upon a definition for                    continues to resonate with group
                                                  pdf/2010_Census_Race_HO_AQE.pdf;                        Middle Eastern or North African can be                members, other expressions may fall out
                                                  Rios et al. 2014). Additionally, although               reached, with or without the                          of favor or take on other meanings.
                                                  the reporting of multiple races is                      requirement of an additional, separate,                  For example, the standard currently
                                                  permitted according to the current                      aggregate reporting category, OMB                     designates ‘‘Black or African American’’
                                                  standard, reporting multiple Hispanic                   would need to revise the current                      as the ‘‘principal minority race.’’ This
                                                  origins or a mixed Hispanic/non-                        standard to clarify the classification                designation provides an option, in
                                                  Hispanic heritage in the current                        instructions. This would address                      certain circumstances, for presentation
                                                  Hispanic ethnicity question is not                      potential inconsistencies across data                 of the ‘‘White’’ category, the ‘‘Black or
                                                  permitted. (Please note: The terms                      collections where data describing a                   African American’’ category (as the
                                                  ‘Hispanic or Latino’’ and ‘‘Hispanic’’ are              Middle Eastern or North African group                 ‘principal minority race’) and the ‘‘All
                                                  used interchangeably in this Notice.)                   could be reported separately for detailed             Other Races’’ category, without the
                                                     To explore this issue further, the U.S.              analyses (for example, where sample                   requirement of also presenting other
                                                  Census Bureau conducted the 2010                        size permits), but otherwise could be                 minimum reporting categories. The
                                                  Census Race and Hispanic Origin                         aggregated into the ‘‘White’’ reporting               designation may warrant revision for
                                                  Alternative Questionnaire Experiment                    category to facilitate comparability                  several reasons. First, certain definitions
                                                  (AQE). Among its most notable findings                  across information collections that                   of ‘‘minority’’ as including Hispanic
                                                  was that a combined question design                     would not have large enough samples to                (i.e., HR 4238; see https://
                                                  (rather than the current standard of                    permit separate, detailed reporting.                  www.congress.gov/bill/114th-congress/
                                                  separate questions) yielded a                              Intent of Minimum Categories: The                  house-bill/4238), and the relative
                                                  substantially increased use of OMB                      standard provides a minimum set of                    prevalence of the Hispanic or Latino
                                                  standard categories among Hispanic or                   racial and ethnic categories for use                  population compared with the Black or
                                                  Latino respondents, signaling that a                    when Federal agencies are collecting                  African American population, suggest
                                                  combined question approach may better                   and presenting such information for                   potential revision of the ‘‘principal
                                                  reflect how Hispanic or Latino                          statistical, administrative, or                       minority race’’ designation, or the use of
                                                  respondents view themselves (see                        compliance purposes. However, it does                 alternative terms (e.g., ‘‘principal
                                                  https://www.census.gov/2010census/                      not preclude the collection and                       minority race/ethnicity’’). Perhaps most
                                                  pdf/2010_Census_Race_HO_AQE.pdf).                       presentation of additional detailed                   broadly, the utility of presenting a
                                                  Qualitative aspects of this research                    categories for statistical, administrative,           category of ‘‘All Other Races,’’ given the
                                                  further supported this interpretation.                  or compliance purposes, provided that                 diversity of experience among other
                                                  The Federal Interagency Working Group                   the additional detailed categories can be             race/ethnicity groups, and the salience
                                                  for Research on Race and Ethnicity                      aggregated into the minimum set to                    of designating a ‘‘principal minority’’ for
                                                  continues to examine this proposal. If a                permit comparisons. Specifically, the                 presentation purposes, suggests further
                                                  combined measure were to be used                        current standard advises, ‘‘In no case                review. The Federal Interagency
                                                  outside of a limited, methodological                    shall the provisions of the standards be              Working Group for Research on Race
                                                  experiment, it would be necessary for                   construed to limit the collection of data             and Ethnicity is examining such
                                                  OMB to revise the current standard.                     to the categories described above. The                terminology for possible revision to the
                                                     Middle Eastern or North African:                     collection of greater detail is                       standard.
                                                  According to the current standard, the                  encouraged . . .’’                                       Guidance for Review:
                                                  aggregate reporting category of ‘‘White’’                  There are numerous examples of                        Federal Uses of Race and Ethnicity
                                                  race includes people having origins in                  Federal agencies collecting detailed race             Data: When providing comment
                                                  any of the original peoples of Europe,                  and ethnicity data in their statistical               regarding proposed areas for possible
                                                  the Middle East, or North Africa. During                reporting; these are not limited to                   revision, it may be helpful to keep in
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                                                  the periodic review preceding the 1997                  decennial censuses or extremely large                 mind how the standard is used. The
                                                  revision, OMB’s Interagency Committee                   surveys, such as the American                         standard not only guides information
                                                  for the Review of the Racial and Ethnic                 Community Survey (ACS). Nonetheless,                  collected and presented from the
                                                  Standards considered suggestions to                     OMB has learned that the minimum                      decennial census and numerous other
                                                  require an additional, distinct minimum                 reporting categories as described in the              statistical collections, but also is used
                                                  reporting category for respondents                      current standard are often                            by Federal agencies for civil rights
                                                  identifying as ‘‘Arabs or Middle                        misinterpreted as the only permissible                enforcement and for program


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                                                                              Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices                                                67401

                                                  administrative reporting. These include,                assessment, and enforcement of existing               NATIONAL AERONAUTICS AND
                                                  among others:                                           laws and judicial decisions, bearing in               SPACE ADMINISTRATION
                                                     • Enforcing the requirements of the                  mind that the standards are not
                                                  Voting Rights Act;                                      intended to be used to establish                      [Notice: (16–069)]
                                                     • reviewing State congressional                      eligibility for participation in any
                                                  redistricting plans;                                    Federal program.                                      NASA Advisory Council; Science
                                                     • collecting and presenting                             6. While Federal data needs for racial             Committee; Heliophysics
                                                  population and population                               and ethnic data are of primary                        Subcommittee; Meeting
                                                  characteristics data, labor force data,                 importance, consideration should also
                                                  education data, and vital and health                    be given to needs at the State and local              AGENCY:National Aeronautics and
                                                  statistics;                                             government levels, including American                 Space Administration.
                                                     • establishing and evaluating Federal                Indian tribal and Alaska Native village
                                                  affirmative action plans and evaluating                 governments, as well as to general                    ACTION:   Notice of meeting.
                                                  affirmative action and discrimination in                societal needs for these data.
                                                  employment in the private sector;                          7. The categories should set forth a               SUMMARY:    In accordance with the
                                                     • monitoring the access of minorities                minimum standard; additional                          Federal Advisory Committee Act, Public
                                                  to home mortgage loans under the Home                   categories should be permitted provided               Law 92–463, as amended, the National
                                                  Mortgage Disclosure Act;                                they can be aggregated to the standard                Aeronautics and Space Administration
                                                     • enforcing the Equal Credit                         categories. The number of standard                    (NASA) announces a meeting of the
                                                  Opportunity Act;                                        categories should be kept to a                        Heliophysics Subcommittee of the
                                                     • monitoring and enforcing
                                                                                                          manageable size, as determined by                     NASA Advisory Council (NAC). This
                                                  desegregation plans in the public
                                                                                                          statistical concerns and data needs.                  Subcommittee reports to the Science
                                                  schools;
                                                     • assisting minority businesses under                   8. A revised set of categories should              Committee of the NAC. The meeting
                                                  the minority business development                       be operationally feasible in terms of                 will be held for the purpose of
                                                  programs; and                                           burden placed upon respondents and                    soliciting, from the scientific
                                                     • monitoring and enforcing the Fair                  the cost to agencies and respondents to               community and other persons, scientific
                                                  Housing Act.                                            implement the revisions.                              and technical information relevant to
                                                     To most effectively promote                             9. Any changes in the categories                   program planning.
                                                  information quality, the intended uses                  should be based on sound
                                                                                                          methodological research and should                    DATES: Tuesday, October 25, 2016, 10:00
                                                  of data on race and ethnicity should be
                                                                                                          include evaluations of the impact of any              a.m.–4:00 p.m., Eastern Time.
                                                  considered when changes to the
                                                  standards are contemplated.                             changes not only on the usefulness of                 FOR FURTHER INFORMATION CONTACT:
                                                  Additionally, the possible effects of any               the resulting data but also on the                    KarShelia Henderson, Science Mission
                                                  proposed changes on the quality and                     comparability of any new categories                   Directorate, NASA Headquarters,
                                                  utility of the resulting data must be                   with the existing ones.                               Washington, DC 20546, (202) 358–2355,
                                                  considered.                                                10. Any revision to the categories                 fax (202) 358–2779, or khenderson@
                                                     General Principles for the Review of                 should provide for a crosswalk at the                 nasa.gov.
                                                  the Racial and Ethnic Data Categories:                  time of adoption between the old and
                                                  When providing comment on particular                    the new categories so that historical data            SUPPLEMENTARY INFORMATION:    The
                                                  areas of the current standard, it also may              series can be statistically adjusted and              meeting will be open to the public
                                                  be helpful to consult the principles that               comparisons can be made.                              telephonically and via WebEx. Any
                                                  framed the 1977 and 1997 revisions.                        11. Because of the many and varied                 interested person may call the USA toll
                                                  Comments on these principles are                        needs and strong interdependence of                   free conference call number 1–888–625–
                                                  welcomed.                                               Federal agencies for racial and ethnic                1623, passcode 5538265, to participate
                                                     1. The racial and ethnic categories set              data, any changes to the existing                     in this meeting by telephone. The
                                                  forth in the standard should not be                     categories should be the product of an                WebEx link is https://nasa.webex.com/;
                                                  interpreted as being scientific or                      interagency collaborative effort.                     the meeting number is 999 356 448 and
                                                  anthropological in nature.                                 OMB recognizes that these principles               the password is HPS2016!. The agenda
                                                     2. Respect for individual dignity                    may in some cases represent competing                 for the meeting includes the following
                                                  should guide the processes and methods                  goals for the standard. Through the
                                                  for collecting data on race and ethnicity;                                                                    topics:
                                                                                                          review process, it will be necessary to
                                                  respondent self-identification should be                balance statistical issues, needs for data,           —Living With a Star (LWS) Vision
                                                  facilitated to the greatest extent                      and social concerns. The application of               —LWS Focus Topics for Research
                                                  possible.                                               these principles to guide the review and               Opportunities in Space and Earth
                                                     3. To the extent practicable, the                    possible revision of the standard                      Sciences (ROSES) 2017
                                                  concepts and terminology should reflect                 ultimately should result in consistent,
                                                  clear and generally understood                          publicly accepted data on race and                      It is imperative that the meeting be
                                                  definitions that can achieve broad                      ethnicity that will meet the needs of the             held on this date to accommodate the
                                                  public acceptance.                                      government and the public while                       scheduling priorities of the key
                                                     4. The racial and ethnic categories                  recognizing the diversity of the                      participants.
                                                  should be comprehensive in coverage
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                                                                                                          population and respecting the
                                                  and produce compatible,                                                                                       Patricia D. Rausch,
                                                                                                          individual’s dignity.
                                                  nonduplicated, exchangeable data                                                                              Advisory Committee Management Officer,
                                                  across Federal agencies.                                Howard A. Shelanski,                                  National Aeronautics and Space
                                                     5. Foremost consideration should be                  Administrator, Office of Information and              Administration.
                                                  given to data aggregations by race and                  Regulatory Affairs.                                   [FR Doc. 2016–23657 Filed 9–29–16; 8:45 am]
                                                  ethnicity that are useful for statistical               [FR Doc. 2016–23672 Filed 9–29–16; 8:45 am]           BILLING CODE 7510–13–P
                                                  analysis, program administration and                    BILLING CODE 3110–01–P




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Document Created: 2018-02-09 13:34:18
Document Modified: 2018-02-09 13:34:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionReview and Possible Limited Revision of OMB's Statistical Policy Directive on Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity.
DatesComments on the review and possible limited revisions to OMB's Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity detailed in this notice must be in writing. To ensure consideration of comments, they must be received no later than [30 days from the publication of this notice]. Please be aware of delays in mail processing at Federal facilities due to increased security. Respondents are encouraged to send comments electronically
ContactJennifer Park, Senior Statisitician,
FR Citation81 FR 67398 

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