[Federal Register Volume 77, Number 155 (Friday, August 10, 2012)]
[Proposed Rules]
[Pages 47783-47787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19672]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 77, No. 155 / Friday, August 10, 2012 /
Proposed Rules
[[Page 47783]]
DEPARTMENT OF COMMERCE
Bureau of the Census
15 CFR Part 90
[Docket Number 111215758-2028-01]
RIN 0607-AA51
Resumption of the Population Estimates Challenge Program and
Proposed Changes to the Program
AGENCY: Bureau of the Census, Department of Commerce.
ACTION: Notice of proposed rulemaking and request for comments.
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SUMMARY: The Bureau of the Census (Census Bureau) is proposing to
resume the Population Estimates Challenge Program in 2012 to provide
eligible entities the opportunity to file requests for the review of
population estimates for 2011 and subsequent years. The Census Bureau
is also proposing to amend its regulations to: (1) Update references to
the method by which population estimates are officially released; (2)
clarify when a challenge of a population estimate can be requested; (3)
specify who may file a request for a population estimate challenge; (4)
remove all references to the per capita income estimates program and
the Office of General Revenue Sharing; (5) change the regulation title
of a current program from ``Procedure for Challenging Certain
Population and Income Estimates'' to ``Procedure for Challenging
Population Estimates '' to reflect the removal of the per capita income
estimates program; (6) revise the requirements of the challenge
process; and (7) remove all references to a formal challenge process.
The Census Bureau is proposing changes to the procedure for the
Population Estimates Challenge Program that are intended to clarify and
streamline the procedures for local units of general-purpose
government. The Census Bureau is proposing to remove the references for
the per capita income estimates changes because the Census Bureau no
longer produces per capita income estimates. The program that used
those estimates, the General Revenue Sharing program, was eliminated
for the States in 1980 and was not reauthorized for local governments
after fiscal year 2000.
DATES: Written comments must be submitted on or before September 10,
2012.
ADDRESSES: Please direct all written comments on this notice to Mr.
Rodger V. Johnson, Chief, Local Government Estimates and Migration
Processing Branch, Population Division, U.S. Census Bureau, Room 6H480,
Mail Stop 8800, Washington, DC 20233-8800.
You also may submit comments, identified by RIN number 0607-AA51,
to the Federal e-Rulemaking Portal: http://www.regulations.gov. All
comments received are a part of the public record. No comments will be
posted to http://www.regulations.gov for public viewing until after the
comment period has closed. Comments generally will be posted without
change. All Personal Identifying Information (for example, name,
address) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information. The Census Bureau will
accept anonymous comments (enter N/A in the required fields, if you
wish to remain anonymous). You may submit attachments to electronic
comments in Microsoft Word, Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Mr. Rodger V. Johnson, Chief, Local
Government Estimates and Migration Processing Branch, Population
Division, U.S. Census Bureau, Room 6H480, Mail Stop 8800, Washington,
DC 20233-8800, by telephone on (301) 763-2461, by Fax (301) 763-2516,
or by email at [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Census Bureau is mandated to release population estimates
annually in accordance with Title 13 of the United States Code
(U.S.C.). These estimates are based upon the most recent Decennial
Census of Population and Housing and compiled from the most current
administrative and survey data available for that purpose. As part of
its authorization, the Census Bureau offers an opportunity for local
units of general-purpose government (hereinafter collectively
``governmental unit'') to challenge these official estimates through
its Population Estimates Challenge Program. Under this program, a
governmental unit may challenge their population estimate by submitting
additional data to the Census Bureau for evaluation. If the additional
data are accepted during the review period by the Census Bureau,
resulting in an updated population estimate, the Census Bureau will
provide a written notification to the governmental unit and publish the
revised estimate at www.census.gov. If the additional data are not
accepted for a revised estimate, the Census Bureau will notify the
governmental unit.
Changes to the challenge process for this decade are being made
based on results of evaluations of the accuracy of the Census Bureau's
current methodology for producing population estimates compared with
the accuracy of alternative approaches. In the previous decade, the
Census Bureau modified the standard methodology to accommodate
challenges by allowing housing unit-based estimates to supplant cohort-
component based estimates at the county level, and eliminating key sets
of population controls generally imposed on county and subcounty
estimates. The evaluations show that the challenge procedure used in
the previous decade resulted in less accurate estimates of the
population of governmental units. This has led the Census Bureau to
revise the challenge process to no longer accept estimates developed
from methods different from those used by the Census Bureau. In the
revised challenge process, the Census Bureau will only accept a
challenge when the evidence provided identifies the use of incorrect
data, processes, or calculations in the estimates.
On January 4, 2010, the Census Bureau published a final rule in the
Federal Register (75 FR 44) to announce that, beginning on February 3,
2010, the Census Bureau would temporarily suspend the Population
Estimates Challenge Program during the decennial census year and the
following year to accommodate the taking of the 2010 Census, and
indefinitely suspend the Per Capita Income Estimates Challenge Program.
[[Page 47784]]
In this proposed rule, the Census Bureau is proposing to resume the
Population Estimates Challenge Program in 2012 to provide governmental
units the opportunity to challenge population estimates for 2011 and
subsequent years. The Census Bureau is also proposing to revise its
regulations to: (1) Update references to the method by which population
estimates are officially released; (2) clarify when a challenge of a
population estimate can be requested; (3) specify who may file a
request for a population estimate challenge; (4) remove all references
to per capita income estimates and the Office of General Revenue
Sharing; (5) change the regulation title of a current program from
``Procedure for Challenging Certain Population and Income Estimates''
to ``Procedure for Challenging Population Estimates'' to reflect the
removal of the per capita income estimates program; (6) revise the
requirements of the challenge process; and (7) remove all references to
a formal challenge process.
These proposed changes to the regulations are intended to clarify
the procedure for seeking a population estimate challenge by a
governmental unit, and to make the regulations clearer by eliminating
out-of-date provisions. The Census Bureau proposes in Sec. 90.6 to
update references to the method by which population estimates are
officially released to reflect widespread use of the Internet (rather
than the Federal Register) for disseminating official demographic data.
For example, if this proposal is adopted, the challenge process may be
initiated after the population estimates are posted on the Internet
(rather than published in the Federal Register).
Proposed Sec. 90.6 also would reduce the time period when a
challenge to a population estimate may be filed from 180 days to 90
days after the release of the estimates by the Census Bureau. In the
Census Bureau's judgment, 90 days are sufficient for an applicant to
review the population estimate and to submit additional data to update
the population estimate. This change also will ensure that, in most
instances, the Census Bureau reviews and incorporates accepted data
into subsequent estimates releases in a timely manner.
Proposed Sec. 90.8 would specify that the types of data that are
submitted must be consistent with the criteria, standards, and regular
processes the Census Bureau employs to generate the population
estimate. We further specify that the Census Bureau will provide
additional Web-based information describing the data that are required
and how the governmental unit may contact us. Proposed Sec. 90.8 will
also specify what methods can be used in the challenge process.
Proposed Sec. 90.9 would specify that the Census Bureau will work
with the governmental unit to verify the data that it has submitted,
evaluate the data submitted, and render its decision in writing to the
governmental unit. The Census Bureau will also post the revised
population estimate at www.census.gov.
Furthermore, the Census Bureau proposes one new section (Sec.
90.5) regarding who may file a request for a challenge to a population
estimate. Under the proposed new regulations, the chief executive
officer or highest elected official of the requesting governmental unit
would be the only individual authorized to submit such requests. This
change is proposed to ensure that persons authorized by law to commit
the governmental unit to a particular course of action have approved
the request for a challenge prior to submission to the Census Bureau.
The Census Bureau proposes to revise all applicable sections of the
Population Estimates Challenge Program regulations so that states no
longer are eligible to directly participate in the Program. The Census
Bureau proposes that the sub-state governmental units be the sole
entity to request a challenge for the population estimates for their
respective jurisdictions. Under the method employed by the Census
Bureau, state level population estimates are a summary of the estimates
for each county and/or statistical equivalent that comprise each state.
Therefore, sub-state governmental units are the most appropriate level
to request a challenge of the population estimates for their respective
jurisdictions. In addition, it should be noted that the Census Bureau
and the state governments have formally established and have maintained
a long-term working relationship through the Federal State Cooperative
for Population Estimates (FSCPE). State agencies, designated by their
respective governors, work in cooperation with the Census Bureau to
produce population estimates. The Census Bureau begins the process of
preparing population estimates by updating population information from
the most recent decennial census with information found in the annual
administrative records of Federal and state agencies. The Federal
agencies provide tax records, Medicare records, and some vital
statistics and group quarters information. The FSCPE agencies supply
vital statistics and information about group quarters like college
dorms or prisons. The Census Bureau combines census base data,
administrative records, and selected survey data to produce current
population estimates consistent with the last decennial census counts.
Moreover, the Census Bureau's governmental unit estimates are provided
to the FSCPE agencies in preliminary form for review and comment to
resolve data processing issues identified during that period. For the
purposes of this program, the District of Columbia is treated as a
statistical equivalent of a county and, therefore, eligible to
participate.
In addition, existing Sec. Sec. 90.9 through 90.18 are proposed to
be deleted. In the Census Bureau's judgment, these sections no longer
are needed, as the proposed Population Estimates Challenge Program
would not include a formal challenge process. This change is consistent
with the procedures advanced in proposed Sec. 90.8 and Sec. 90.9 to
specify the required data and to verify that data are accurate and
complete before the Census Bureau reviews the data and renders its
decision on whether or not to update the population estimate.
Discontinuing the formal process removes a redundant procedure and,
therefore, enables the Census Bureau to render a more timely decision
during the review and update process. The Census Bureau proposes to
eliminate all references to the per capita income estimates program and
the General Revenue Sharing Program from its regulations at 15 CFR 90
because the Census Bureau no longer produces per capita income
estimates. The Census Bureau generated the per capita income estimates
for the General Revenue Sharing Program, pursuant to Section 109(a) of
the State and Local Fiscal Assistance Act of 1972 (Pub. L. 92-512,
Sec. 109(a), 86 Stat. 919, 929 (1972)). The General Revenue Sharing
Program was eliminated for the States in 1980 under the State and Local
Fiscal Assistance Act Amendments of 1980 (Pub. L. 96-604, Sec. 2, 94
Stat. 3516 (1980)), and was not reauthorized for local governments
after fiscal year 2000 (See Pub. L. 103-322, Sec. 31001, 108 Stat.
1796, 1859 (1994)). Due to the discontinuation of the General Revenue
Sharing Program, the Census Bureau no longer needs to generate and
publish per capita income estimates. In order to avoid any confusion
regarding the status of the per capita income estimates program, the
Census Bureau proposes to eliminate all references to per capita income
from the regulations. The Census Bureau also is proposing to change the
titling of the program to reflect the fact that the Census Bureau no
longer generates per
[[Page 47785]]
capita income estimates previously mandated by law.
The Census Bureau also is proposing minor technical changes to the
regulations, such as a change to the numbering of sections and heading
titles to reconcile the changes proposed in this rule. The following
chart reflects the proposed renumbering of sections and revisions to
heading titles, with new and revised sections noted in parentheses, for
the public's convenience:
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Current Proposed
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PART 90 PROCEDURE FOR CHALLENGING PART 90 PROCEDURE FOR
CERTAIN POPULATION AND INCOME CHALLENGING POPULATION
ESTIMATES. ESTIMATES.
90.1 Scope and applicability........... 90.1 Scope and applicability.
90.2 Policy of the Census Bureau....... 90.2 Policy of the Census
Bureau.
90.3 Definitions....................... 90.3 Definitions.
90.4 General........................... 90.4 General.
--..................................... (New) 90.5 Who may file a
challenge.
90.5 When an informal challenge may be 90.6 When a challenge may be
filed. filed.
90.6 Where to file challenge........... (Revised) 90.7 Where to file a
challenge.
90.7 Evidence required................. (Revised) 90.8 Evidence
required.
90.8 Review of challenge............... (Revised) 90.9 Review of
challenge.
90.9 When formal procedure may be (Deleted).
invoked.
--..................................... ...............................
90.10 Form of formal challenge and time (Deleted).
limit for filing.
90.11 Appointment of hearing officer... (Deleted).
90.12 Qualifications of hearing officer (Deleted).
90.13 Offer of hearing................. (Deleted).
90.14 Hearing.......................... (Deleted).
90.15 Decision by Director............. (Deleted).
90.16 Notification of adjustment....... (Deleted).
90.17 Timing for hearing and decision.. (Deleted).
90.18 Representation................... (Deleted).
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Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C.
601 et seq., generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to the notice and comment
rulemaking requirements under the Administrative Procedure Act (5
U.S.C. 553) or any other statute, unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Under section 605(b) of the RFA, however, if
the head of an agency certifies that a rule will not have a significant
impact on a substantial number of small entities, the statute does not
require the agency to prepare a regulatory flexibility analysis.
Pursuant to section 605(b), the Chief Counsel for Regulation,
Department of Commerce, submitted a memorandum to the Chief Counsel for
Advocacy, Small Business Administration, certifying that this proposed
rule will not have a significant impact on a substantial number of
small entities.
Number of Small Entities
This proposed rule, if implemented, would impact only governmental
units, some of which may be considered a small entity under the RFA.
The RFA defines ``small entity'' as a small business, small
organization, or small governmental jurisdiction. Specifically, the RFA
defines ``small governmental jurisdiction'' as the government of a
city, county, town, school district, or special district with a
population of less than 50,000. Using this criterion, the Census Bureau
estimates that around 37,000 small governmental jurisdictions would be
impacted by this rulemaking.
Economic Impact
The Census Bureau does not anticipate any economic impact as a
result of this proposed rule. This rulemaking intends to resume the
implementation of the Population Estimates Challenge Program in 2012 to
provide eligible entities the opportunity to file a challenge to
population estimates for 2011 and subsequent years, and to implement
changes to clarify the procedure to challenge population estimates for
local units of general-purpose government. There are no direct costs
imposed on governmental entities (units) that wish to initiate a
challenge under the Population Estimates Challenge Program. In
addition, the Census Bureau also is proposing to amend its regulations
to remove all references to per capita income estimates. The Census
Bureau is proposing the change to remove per capita income because the
Census Bureau no longer produces per capita income estimates. The
program that used those estimates, the General Revenue Sharing program,
was eliminated for the States in 1980 and not reauthorized for local
governments after fiscal year 2000.
Executive Orders
This rule has been determined to be not significant for purposes of
Executive Order 12866. This rule does not contain policies with
federalism implications as that term is defined in Executive Order
13132.
Paperwork Reduction Act
This notice of proposed rulemaking does not contain a collection of
information subject to the requirements of the Paperwork Reduction Act
(PRA), 44 U.S.C., Chapter 35. Notwithstanding any other provision of
the law, no person is required to respond to, nor shall any person be
subject to a penalty for failure to comply with, a collection of
information subject to the requirements of the PRA, unless that
collection of information displays a currently valid OMB Control
Number.
List of Subjects in 15 CFR Part 90
Administrative practice and procedure, Census data, Population
census, Statistics.
For the reasons stated in the preamble, the Census Bureau proposes
to amend 15 CFR Part 90 to read as follows:
1. The authority citation for Part 90 continues to read as follows:
Authority: 13 U.S.C. 4 and 181.
[[Page 47786]]
2. Lift the stay on Part 90 published at 75 FR 46, Jan. 4, 2010.
3. Revise 15 CFR Part 90 in its entirety to read as follows:
PART 90 PROCEDURE FOR CHALLENGING POPULATION ESTIMATES
Section
90.1 Scope and applicability.
90.2 Policy of the Census Bureau.
90.3 Definitions.
90.4 General.
90.5 Who may file a challenge.
90.6 When a challenge may be filed.
90.7 Where to file a challenge.
90.8 Evidence required.
90.9 Review of challenge.
Authority: 13 U.S.C. 4 and 181.
Source: 44 FR 20647, Apr. 6, 1979, unless otherwise noted.
Sec. 90.1 Scope and applicability.
Between decennial censuses, the Census Bureau annually prepares
statistical estimates of the number of people residing in states and
their governmental units. In general, these estimates are developed by
updating the population counts produced in the most recent decennial
census with demographic components of change data and/or other
indicators of population change. These rules prescribe the
administrative procedure available to governmental units to request a
challenge to the most current of these estimates.
Sec. 90.2 Policy of the Census Bureau.
It is the policy of the Census Bureau to provide the most accurate
population estimates possible given the constraints of time, money, and
available statistical techniques. It is also the policy of the Census
Bureau to provide governmental units the opportunity to seek a review
and provide additional data to these estimates and to present evidence
relating to the accuracy of the estimates.
Sec. 90.3 Definitions.
As used in this part (except where the context clearly indicates
otherwise) the following definitions shall apply:
(a) Census Bureau means the U.S. Census Bureau, Department of
Commerce.
(b) Population Estimates Challenge means, in accordance with this
part, the process a governmental unit may use to provide additional
input data for the Census Bureau's population estimate and the
submission of substantive documentation in support thereof.
(c) Director means Director of the Census Bureau, or an individual
designated by the Director to perform under this part.
(d) Population estimate means a statistically developed calculation
of the number of people living in a governmental unit to update the
preceding census or earlier estimate.
(e) A governmental unit means the government of a county,
municipality, township, incorporated place, or other minor civil
division, which is a unit of general-purpose government below the
State.
(f) For the purposes of this program, an eligible governmental unit
includes the District of Columbia.
Sec. 90.4 General.
This part provides a procedure for a governmental unit to request a
challenge of a population estimate of the Census Bureau. The Census
Bureau, upon receipt of the appropriate documentation, will attempt to
resolve the estimate with the governmental unit.
Sec. 90.5 Who may file a challenge.
A request for a challenge of a population estimate generated by the
Census Bureau may be filed only by the chief executive officer or
highest elected official of a governmental unit.
Sec. 90.6 When a challenge may be filed.
(a) A request for a challenge to a population estimate may be filed
any time up to 90 days after the release of the estimate by the Census
Bureau. Publication by the Census Bureau on its Web site
(www.census.gov) shall constitute release. Documentation requesting a
challenge of any estimate may also be filed any time up to 90 days from
the date the Census Bureau, on its own initiative, revises that
estimate.
(b) If, however, a governmental unit has a sufficiently meritorious
reason for not filing in a timely manner, the Census Bureau has the
discretion to accept the late request.
[50 FR 28768, July 16, 1985]
Sec. 90.7 Where to file a challenge.
A request for a population estimate challenge must be prepared in
writing by the governmental unit and filed with the Chief, Population
Division, Census Bureau, Room 5H174, Mail Stop 8800, Washington, DC
20233. The governmental unit must designate a contact person who can be
reached by telephone during normal business hours should questions
arise with regard to the submitted materials.
Sec. 90.8 Evidence required.
The governmental unit shall provide whatever evidence it has
relevant to the request at the time of filing. The Census Bureau may
request further evidence when necessary. The evidence submitted must be
consistent with the criteria, standards, and regular processes the
Census Bureau employs to generate the population estimate. The Census
Bureau has revised the challenge process to no longer accept estimates
developed from methods different from those used by the Census Bureau.
In the revised challenge process, the Census Bureau will only accept a
challenge when the evidence provided identifies the use of incorrect
data, processes, or calculations in the estimates.
For counties and statistical equivalents, the Census Bureau uses a
cohort component of change method to produce population estimates. Each
year, the components of change are updated. These components include
births, deaths, migration, and change in the group quarters population.
The Census Bureau will consider a challenge based on additional
information on one or more of the components of change or about the
group quarters population in a locality.
For minor civil divisions and incorporated places, the Census
Bureau uses a housing unit method to distribute the county population.
The components in this method include housing units, occupancy rates,
and persons per household plus an estimate of the population in group
quarters. The Census Bureau will consider a challenge based on data
related to changes in an area's housing stock, such as data on
demolitions, building permits, or mobile home placements. The Census
Bureau will also consider a challenge based on additional information
about the group quarters population in a locality.
The Census Bureau will also provide a guide on its Web site as a
reference for governmental units to use in developing their data as
evidence to support a challenge to the population estimate. In
addition, a governmental unit may address any additional questions by
contacting the Census Bureau at the address provided in Sec. 90.7 of
this part.
Sec. 90.9 Review of challenge.
The Chief, Population Division, Census Bureau, or the Chief's
designee shall review the evidence provided with the request for the
population estimate challenge, shall work with the governmental unit to
verify the data provided by the governmental unit, and evaluate the
data to resolve the issues raised by the governmental unit. Thereafter,
the Census Bureau shall respond in writing with a decision to accept or
deny the challenge. In the event that the Census Bureau finds that the
population estimate should be updated, it will also post the revised
estimate on the Census Bureau's Web site (www.census.gov).
[[Page 47787]]
Dated: August 3, 2012.
Robert M. Groves,
Director, Bureau of the Census.
[FR Doc. 2012-19672 Filed 8-9-12; 8:45 am]
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