[Federal Register Volume 78, Number 2 (Thursday, January 3, 2013)]
[Rules and Regulations]
[Pages 255-260]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31598]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 78, No. 2 / Thursday, January 3, 2013 / Rules
and Regulations
[[Page 255]]
DEPARTMENT OF COMMERCE
Bureau of the Census
15 CFR Part 90
[Docket Number 111215758-2650-04]
RIN 0607-AA51
Resumption of the Population Estimates Challenge Program
AGENCY: Bureau of the Census, Department of Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of the Census (Census Bureau) is resuming the
Population Estimates Challenge Program to provide eligible governmental
units the opportunity to file requests for the review of population
estimates for 2011 and subsequent years. The Census Bureau is amending
its regulations to: Update references to the method by which population
estimates are officially released; clarify when a challenge of a
population estimate can be requested; specify who may file a request
for a population estimate challenge; remove all references to the per
capita income estimates program and the Office of General Revenue
Sharing; 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; revise the
requirements of the challenge process; and remove all references to a
formal challenge process. The changes to the procedure for the
Population Estimates Challenge Program clarify and streamline the
procedures for local units of general-purpose government. The Census
Bureau is removing 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: This Final Rule is effective on February 4, 2013.
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 rodger.v.johnson@census.gov.
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 sub-
state 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. In those instances where a non-functioning
county-level government or statistical equivalent exists, the State
member agencies of the Federal-State Cooperative for Population
Estimates (FSCPE) program may represent the area.
Changes to the challenge process for this decade are 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.
The Census Bureau is resuming the Population Estimates Challenge
Program to provide eligible governmental units the opportunity to
challenge population estimates for 2011 and subsequent years.
Previously, the Census Bureau published a final rule on January 4,
2010, 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. The suspension of the program was followed up on August 10,
2012, by the Census Bureau with a Notice of Proposed Rulemaking and
Request for Comments in the Federal Register (77 FR 47783) for its
program, entitled ``Resumption of the Population Estimates Challenge
Program and Proposed Changes to the Program.'' In that announcement,
the Census Bureau proposed resuming 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 proposal was available for comment during a 30-day period
that ended on September 10, 2012. The Census Bureau has now reviewed
these comments and responded to them below in this final rule.
[[Page 256]]
Summary of Comments and Responses
The Census Bureau received eight sets of comments during the
comment period. A summary of these comments and the detailed responses
by the Census Bureau are provided below:
Commenter 1. The commenter stated that the Census Bureau's proposal
greatly reduces the opportunities for localities to challenge county-
level population estimates that the Census Bureau initially produces
through the cohort-component or Administrative Records (ADREC) method.
The commenter agreed that this method overall produced the most
accurate county-level estimates, as compared to the 2010 Census counts,
nevertheless, the commenter pointed out that there were exceptions in
which a housing unit based method did produce an estimate closer to the
2010 Census results. The commenter also suggested that the Census
Bureau continue to pursue research on alternate methods of population
estimation in the event that these methods that were proven to be less
useful at one point in time, may be more useful in the future. More
specifically, the commenter suggested that the Census Bureau consider a
pilot program in which a small cross-section of jurisdictions, with
participation through the FSCPE member agencies, provide information
towards the next round of evaluative studies.
Response 1. The Census Bureau acknowledges that a variant of the
housing unit based method did produce more accurate results in some
instances, as compared to the 2010 Census. However, the ADREC method
consistently produced county-level estimates closer to the 2010 Census
results, whereas the housing unit based population estimates were
upwardly biased. The program changes will enable eligible governmental
units to focus their comments upon the data used to produce population
estimates and to provide alternative or supplemental data to the Census
Bureau to evaluate for use in revising the original estimate under the
existing methodology. Incorporating this challenge-based data
systematically each year will improve the credibility and accuracy of
the subsequent estimates and contribute to a longer-term goal of
continuous improvement in the estimation process. The Census Bureau
accepts the suggestion to continue to work with the FSCPE member
agencies, county, and local governments to maintain a research agenda
that addresses alternate methods of estimation, not as official
estimates, but to help inform a population estimates program that
focuses upon improving the accuracy of the estimates.
Commenter 2. The commenter wrote in with concern towards one part
of the notice that stated that ``sub-state governmental units be the
sole entity to request a challenge * * * for their respective
jurisdictions.'' The commenter noted that in states of the Northeast,
counties exist that do not serve legally as functioning general-purpose
governmental units. In such instances, there would be no functioning
governmental body to represent the area. In these states or in certain
counties within them, often the only governmental units in place are
minor civil divisions in the form of towns or equivalent areas that are
subdivisions of their respective counties. The commenter requested that
the Census Bureau reconsider this rule and provide for some flexibility
in the rule in order to allow State level representation of these non-
functioning counties should the state representative find issues with
regard to the population estimates and the components.
Response 2. The Census Bureau acknowledges the issue and concurs
that it is necessary to implement appropriate wording changes to define
a role for States to represent these non-functioning governmental units
for the purposes of the challenge program. None of the counties in
Connecticut or Rhode Island are classified by the Census Bureau as
active functioning general-purpose governmental units; in
Massachusetts, nine of its fourteen counties are not classified as
active functioning general-purpose governmental units. In Maine, New
Hampshire, and Vermont, the Census Bureau classifies all counties as
active functioning general-purpose governmental units. In Alaska, the
county-equivalent Census Areas are statistical units and therefore may
need representation by the State government should an issue arise with
regard to their estimates and component data. The Census Bureau has
amended the regulations in this final rule to recognize the FSCPE
member agencies in the challenge program in order to present
appropriate data on behalf of these non-functioning entities. The
Census Bureau will continue to monitor legal status changes in the
future that may result in one or more counties changing from active,
general-purpose governmental units into non-functioning governmental
entities to ensure coverage by the FSCPE member agencies.
Commenter 3. The commenter stated that the proposal would make the
challenge program essentially meaningless by cutting off any options
for localities to offer an alternative approach for county-level
population estimates; the commenter offered several comments to support
this viewpoint. The commenter stated that ``no one estimates
methodology has proven itself to be accurate for all types of areas in
the country'' and that ``reliance on a single Administrative Records
(ADREC) method for production of county population estimates and a
variation of the housing unit method for subcounty estimates simply
ignores the fact that alternative methods and data sources can produce
quality estimates at any given point in time and for any given area.''
The commenter argued that the proposal not to allow alternative
estimates was to some degree influenced by potential difficulty that
the Census Bureau would experience in incorporating alternate
challenges into the existing production environment that the Census
Bureau uses to produce the estimates in the first place. The commenter
stated that the Census Bureau should allow alternative based estimates
that meet certain tests of the accuracy of these methods against
established decennial census results. Finally, the commenter suggested
noting the FSCPE member agencies as a potential technical resource
available to sub-state governmental units.
Response 3. During the temporary suspension the Population
Estimates and the Per Capita Income Estimates Challenge Programs
attendant to the 2010 Census, the Census Bureau evaluated the 2010
population estimates and the methods used to create them. These
evaluations also were meant to inform the redesign of the challenge
program. As part of this process, the Census Bureau assessed the
county-level population estimates produced with the ADREC and housing
unit methods against 2010 Census results. (These results were publicly
released on the Census Bureau's Web site).
It was clear that the best overall and defensible approach to
estimation of county-level governmental units was through the ADREC
method. In addition, it also became clear that the employment of a
variation on the housing unit based method generally produced estimates
that were more biased than the ADREC method when compared to the 2010
Census results. The evaluations also did not identify a clear-cut means
to determine for any given county or equivalent when a housing unit
based method would yield a more accurate estimate than that produced by
the ADREC method. Given these factors, it became evident that in
[[Page 257]]
redesigning the challenge program, the Census Bureau needed to build a
process that would capture the most accurate demographic components
that were consistent and complementary with the existing estimates
program methodologies. The Census Bureau did not accept the assertion
from the commenter that the Census Bureau should accept alternative
methods with a provision for testing against decennial census results.
However, the Census Bureau has indicated its willingness to work with
localities through the FSCPE member agencies to provide information
towards the next round of evaluative studies. Please see Response to
Commenter 1.
Commenter 4. The commenter provided essentially the same
observation as the second commenter with regard to the representation
for non-functioning counties or statistical equivalents.
Response 4. The Census Bureau concurs with the fourth commenter.
Please see Response to Commenter 2.
Commenter 5. The commenter supports the rule change from reliance
upon alternative estimates to a process whereby governmental units
provide evidence of the use of incorrect data, processes, or
calculations in the estimates and not necessarily alternative
estimates. The commenter expressed concern for the potential of a
challenge to be denied because a full explication of the criteria,
standards, and regular processes the Census Bureau employs to generate
the population estimates was not available in the notice. Therefore,
the commenter requested that the Census Bureau recognize an advisory
role to the Census Bureau by the FSCPE member agencies to ``to gauge
how well the challenge and estimates program complement each other.''
The commenter also requested that outside experts like the FSCPE member
agencies be provided with all communications between the Census Bureau
and the challenging governmental unit, suggested that the FSCPE member
agencies could advise the Census Bureau on changes in either the
Estimates or the Challenge program, as they have excellent knowledge of
the estimates process and can represent the interests of local
governmental units.
Response 5. The Census Bureau appreciates the expression of support
for the new challenge program. As stated in the responses to other
comments, the Census Bureau will appropriately consult with the FSCPE
member agencies during the course of the program.
Commenter 6. The commenter was concerned about the lack of
representation for non-functioning county-level entities. The commenter
also requested that we continue to accept housing conversion data for
non-residential to residential use and accept locally documented data
on demolitions.
Response 6. The Census Bureau concurs with the sixth commenter on
the issue of non-functioning county-level entities. Please see Response
to Commenter 2. In response to the second concern about conversions of
non-residential to residential units and demolitions, the Census Bureau
will continue to accept properly documented data, including basic
street address and unit (apartment, etc.) designations of the converted
units. Data that are to substitute or replace the Census Bureau
estimated housing loss figures must include residential housing
condemnations, demolitions, and/or units that are uninhabitable, in
order to be as comprehensive in scope as the original survey data used
to estimate housing loss.
Commenter 7. The commenter is opposed to the exclusion of housing
based methods to estimate county-level governmental units. The
commenter would like the Census Bureau to continue to leave open the
option for a challenging county-level governmental unit to provide a
housing based alternative as opposed to providing updated data for the
Census Bureau's cohort component (ADREC) based estimate. The writer
also expressed the view ``that the proposed policy flies in the face of
all available scientific evidence as well as good judgment.''
Response 7. The Census Bureau consulted a variety of stakeholders
on the elements of the proposal in order to design a program based upon
the evaluation research conducted during the 2010 Census. The research
conducted jointly by the Census Bureau and its partners in the FSCPE
pointed to the overall accuracy of the ADREC method when compared to
the 2010 Census results. However, as stated in the third response, the
research evaluations also did not identify a clear-cut means to
determine for any given county or equivalent when a housing based
method would yield a more accurate estimate than that produced by the
ADREC method. The Census Bureau has designed a program with guiding
principles to govern outcomes more consistent with the current
evaluation results. The Census Bureau also will continue to conduct
research work with the FSCPE and others towards the next evaluation
period to improve upon the challenge and estimates programs and, if
possible, to determine means to identify alternate approaches to the
current estimates that are based upon systematically identifiable and
unbiased criteria.
Commenter 8. The eighth commenter suggested that the Census Bureau
clarify in its challenge program documentation that the FSCPE member
agencies be specified as a potential technical resource to localities
that are contemplating challenging a population estimate. The second
point from this commenter was that the challenge program from the
previous decade added approximately 770,000 people to the national
estimate. In addition, the commenter suggested that the Bureau look at
a threshold based on the estimates evaluation research that would allow
an estimate challenge using other data and methods, specifically the
housing estimate, if the difference between the two estimates exceeded
that threshold. Finally, the commenter suggested that the Census Bureau
engage the FSCPE member agencies as technical experts in reviewing a
challenge and/or another state agency that may have expertise to help
review the alternative estimate.
Response 8. The Census Bureau concurs with the first suggestion
that we incorporate into the program documentation that FSCPE member
agencies could assist a locality in mounting a challenge. In regard to
the second point, we note that the additional population incorporated
into the national total did not systematically address the error of
closure between the 2000 and the 2010 Census nor did it address
shortfalls in the identification of immigration, therefore, it cannot
be judged as a positive aspect of the former challenge program to
emulate. The third suggestion is one that we will consider as part of
the ongoing research agenda with the FSCPE member agencies and others,
but not to produce an official revised estimate to replace the ADREC
method results. The Census Bureau also accepts the suggestion that the
FSCPE member agencies also be consulted to assist in evaluating
challenges from their respective sub-state governments. This is
substantially the same response as that to the fifth commenter.
Changes From Proposed Rule
As commenters noted in their comments, the proposed rule made no
provision for representation of counties in selected states of the
Northeast that do not serve legally as functioning general-purpose
governmental units. In such instances, no functioning county-level
governmental body exists to represent the area. The commenters
requested that the Census Bureau
[[Page 258]]
provide for some flexibility in the rule in order to allow State-level
representation of these non-functioning counties with regard to the
population estimates and the components. The Census Bureau acknowledged
the issue, noted that it also existed for some parts of Alaska, and
agreed to implement appropriate wording changes to define a role for
States to represent these non-functioning governmental units in the
challenge program. Specifically, the Census Bureau added a new
definition for the term non-functioning governmental units at paragraph
(f) to Section Sec. 90.3, and re-designated the language formerly at
paragraph (f) in new paragraph (g). Paragraph (g) also acknowledges
non-functioning governmental units as an eligible governmental unit for
the purposes of the challenge program. The Census Bureau also revised
Section Sec. 90.5 to acknowledge non-functioning governmental units.
Summary of Provisions Implemented by This Final Rule
The Census Bureau is resuming the Population Estimates Challenge
Program to provide governmental units the opportunity to challenge
population estimates for 2011 and subsequent years. The Census Bureau
is amending 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 changes to the regulations 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 in Sec. 90.6 is updating 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, governmental units may initiate
the challenge process after the population estimates are posted on the
Census Bureau's Internet site (rather than published in the Federal
Register).
Section 90.6 reduces 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 ensures that, in most instances, the
Census Bureau reviews and incorporates accepted data into subsequent
estimates releases in a timely manner.
Section 90.8 specifies 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. The
Census Bureau will provide additional Web-based information describing
the data that are required and how the governmental unit may contact
the Census Bureau. Section Sec. 90.8 specifies what methods can be
used in the challenge process.
Section 90.9 specifies 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, new Sec. 90.5 specifies who may file a request for a
challenge to a population estimate. Under the revised regulations, the
chief executive officer or highest elected official of the requesting
governmental unit is the only individual authorized to submit such
requests. This change ensures 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 revises all applicable sections of the Population
Estimates Challenge Program regulations to specify that the sub-state
governmental units be the sole entity to request a challenge for the
population estimates for their respective jurisdictions. In the event
that a county-level governmental unit or statistical equivalent is not
an active general-purpose government, the FSCPE member agency may serve
as sponsor of the challenge and the governor will serve as the highest
elected official. Additional detail on this exception is noted in the
following paragraph.
Under the method employed by the Census Bureau, state-level
population estimates are a summary of the estimates for each county 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, 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 initiates 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 member 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 results.
Moreover, the Census Bureau provides preliminary governmental unit
estimates to the FSCPE member agencies for review and comment to
resolve data processing issues identified during that period. Under the
challenge program, the FSCPE member agencies, appointed by their
respective governors, will be eligible to represent counties or
statistical equivalents that do not function as active general-purpose
governmental units. This situation exists in Connecticut, Rhode Island,
for selected counties in Massachusetts, and for the Census Areas in
Alaska. For the purposes of this program, the District of Columbia is
treated as a statistical equivalent of a county and, therefore, also
eligible to participate.
Existing Sec. Sec. 90.9 through 90.18 are deleted. In the Census
Bureau's judgment, these sections are unnecessary, as the Population
Estimates Challenge Program does not include a formal challenge
process. This change is consistent with the procedures advanced in
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. Ending the formal process removes a redundant
procedure and, therefore, enables the
[[Page 259]]
Census Bureau to render a more timely decision during the review and
update process. The Census Bureau is eliminating all references to the
per capita income estimates program and the General Revenue Sharing
Program from its regulations at 15 CFR part 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, section 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, section 2, 94 Stat.
3516 (1980)), and was not reauthorized for local governments after
fiscal year 2000 (See Pub. L. 103-322, section 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 is
eliminating all references to per capita income from the regulations.
The Census Bureau is changing the titling of the program to reflect the
fact that the Census Bureau no longer generates per capita income
estimates previously mandated by law.
The Census Bureau is making minor technical changes to the
regulations, such as renumbering sections and heading titles to
reconcile the changes proposed in this rule. The following chart
reflects the renumbering of sections and revisions to heading titles,
with new and revised sections noted in parentheses, for the public's
convenience:
------------------------------------------------------------------------
Former Effective February 4, 2013
------------------------------------------------------------------------
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).
------------------------------------------------------------------------
Regulatory Flexibility Act
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for this determination was published in the
proposed rule and is not repeated here. No comments were received
regarding the certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
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 final 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 is
amending 15 CFR part 90 to read as follows:
PART 90--[AMENDED]
0
1. The authority citation for part 90 continues to read as follows:
Authority: 13 U.S.C. 4 and 181.
0
2. Lift the stay on part 90 published at 75 FR 46, Jan. 4, 2010.
0
3. Revise 15 CFR part 90 to read as follows:
PART 90--PROCEDURE FOR CHALLENGING POPULATION ESTIMATES
Sec.
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.
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
[[Page 260]]
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) A non-functioning county or statistical equivalent means a sub-
state entity that does not function as an active general-purpose
governmental unit. This situation exists in Connecticut, Rhode Island,
for selected counties in Massachusetts, and for the Census Areas in
Alaska.
(g) For the purposes of this program, an eligible governmental unit
also includes the District of Columbia and non-functioning counties or
statistical equivalents represented by a FSCPE member agency.
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. In those instances
where the FSCPE member agency represents a non-functioning county or
statistical equivalent, the governor will serve as the chief executive
officer or highest elected official.
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
after 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.
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.
(a) 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.
(b) 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.
(c) 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, condemned units, uninhabitable units, building permits, or
mobile home placements or other comparable housing inventory based
data. The Census Bureau will also consider a challenge based on
additional information about the group quarters population in a
locality.
(d) 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.
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).
Dated: December 26, 2012.
Thomas L. Mesenbourg, Jr.,
Acting Director, Bureau of the Census.
[FR Doc. 2012-31598 Filed 1-2-13; 8:45 am]
BILLING CODE 3510-07-P