[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Rules and Regulations]
[Pages 44-46]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31171]
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DEPARTMENT OF COMMERCE
Bureau of the Census
15 CFR Part 90
[Docket Number 0908171239-91412-02]
RIN 0607-AA49
Temporary Suspension of the Population Estimates and Income
Estimates Challenge Programs
AGENCY: Bureau of the Census, Department of Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of the Census (Census Bureau) publishes this final
rule to announce to state and local governments and to federal agencies
that, beginning on February 3, 2010, the Census Bureau will temporarily
suspend the Population Estimates Challenge Program during both the
decennial census year and the following year, and will indefinitely
suspend the Per Capita Income Estimates Challenge Program (also known
as Procedure for Challenging Certain Population and Income Estimates)
to accommodate the taking of the 2010 Census. During this time, the
Census Bureau will not provide the operations necessary to review the
July 1, 2009, population or per capita income estimates for state, and
other general-purpose governments, such as cities, towns, and villages.
The Population Estimates Challenge Program will resume in 2012 as the
program begins operations based upon the results of the 2010 Census.
The Per Capita Income Estimates Challenge Program will be suspended
until a rulemaking is initiated to remove those regulations from the
Code of Federal Regulations. This rule also summarizes the comments
received on the October 7, 2009 proposed rule requesting comments on
the proposed temporary suspension of the Population Estimates and
Income Estimates Challenge Programs.
DATES: This rule is effective on February 3, 2010.
ADDRESSES: Correspondence concerning this final rule may be submitted
to Dr. Enrique Lamas, Chief of the Population Division, through any of
the following methods:
Fax: Correspondence may be faxed to: (301) 763-2516.
E-Mail: Correspondence may be e-mailed to:
[email protected].
Mail: Correspondence may be mailed to: Dr. Enrique Lamas,
Chief, Population Division, U.S. Census Bureau, H.Q. 5H174, 4600 Silver
Hill Road, Washington, DC 20233.
Electronic availability: This final rule is available on the
Internet from the Census Bureau's Web site at http://www.census.gov/popest/archives/challenges.html.
FOR FURTHER INFORMATION CONTACT: Mr. Rodger Johnson, Chief, Local
Government Estimates and Migration Processing Branch, Population
Division, Bureau of the Census, Washington, DC 20233, telephone (301)
763-2461, e-mail at [email protected].
SUPPLEMENTARY INFORMATION: The Census Bureau first adopted procedures
for initiating informal challenges to certain population or per capita
income estimates prepared by the Census Bureau in 1979 by amending
Title 15 of the Code of Federal Regulations (CFR) to provide for a new
Part 90 (44 FR 20646). These regulations were needed to standardize and
codify procedures, and to extend to the state or local government the
right to a hearing prior to a final determination of the challenged
estimate by the Director of the Census Bureau. Legal authority for the
challenge procedures remains 13 U.S.C. 4, which provides in pertinent
part, that the Secretary may issue rules and regulations, as he deems
necessary to carry out his functions and duties under Title 13.
The Census Bureau prepares estimates of total population and per
capita income for states and units of local government for the period
between decennial censuses. States, counties, and other units of
general-purpose government may initiate informal challenges to
population and per capita income estimates under the procedures set
forth in 15 CFR Part 90. Under the regulations, a challenge is defined
as ``the process of objecting to or calling into question the Census
Bureau's population or per capita income estimates of a state or unit
of local government by that state or unit of local government.''
Government entities are given 180 days after the release of the
population or per capita income estimates to initiate an informal
challenge. If the challenge cannot be resolved informally, the
government submitting the challenge can choose to file a formal
challenge (15 CFR 90.9), which is resolved in a hearing that is held at
the Census Bureau Headquarters, and presided over by a hearing officer
that is appointed by the Census Bureau Director.
Summary of Comments and Responses
On October 7, 2009, the Census Bureau published a proposed rule in
the Federal Register (74 FR 51526) requesting comments on the proposed
temporary suspension of the Population Estimates and Income Estimates
Challenge Programs. Five sets of comments were received during the
comment period. A summary of the public comments and the response of
the Census Bureau are provided below:
Commenter 1. The commenter suggested that the Census Bureau produce
accurate estimates initially and not allow any challenges to the
population estimates. The commenter also suggested that the challenge
program is an expensive and unnecessary program.
Response 1. The Census Bureau did not accept this suggestion. The
challenge program is an essential and historical part of the estimates
program, and it enables eligible general-purpose governmental units to
comment upon population estimates of concern, and to provide
alternative or supplemental data to the Census Bureau to evaluate for
use in revising the original estimate. The Census Bureau will continue
to work with state, county, and local governments to efficiently
administer a program that focuses on improving the accuracy of the
estimates.
Commenter 2. The commenter wrote in support of the temporary
suspension, deeming that it would be both confusing and pointless for
the Census Bureau to administer a challenge process where the challenge
decisions and responses would overlap with the first release of Census
2010 population counts to the President and Congress.
Response 2. The Census Bureau acknowledges the comment and concurs.
Commenter 3. The commenter had a number of questions or comments
regarding the notice. The commenter wanted to know if it was a normal
practice to suspend the population estimates challenge during decennial
years, if the suspension covered the informal and formal phases of the
process, if it was a cost-effective use of resources, and if there
might be localities concerned about suspension of
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the program. The commenter also was interested in future plans to
revise the procedures following the 2010 Census.
Response 3. This instance is the first time that the Census Bureau
has temporarily suspended the Population Estimates and the Per Capita
Income Estimates Challenge Programs. Suspending the challenge programs
is consistent with the practice applied to two other post-census
population programs. Specifically, the Census Bureau has suspended the
Special Census and the Geographically Updated Population Certification
Program for the duration of the decennial census activities and resumed
these programs afterwards. The suspension will apply to the entire
scope of the program, including both informal and formal challenge
procedures. The suspension is an appropriate cost-effective means to
ensure the allocation of sufficient resources for the demographic
analysis of the 2010 Census. In addition, the suspension will allow the
Census Bureau to better integrate the data from the 2010 Census into
the estimates program. Suspension of the program also reduces the risk
of confusion resulting from the close timing between the release of the
2010 Census counts and the release of revised estimates as part of
administering challenges to the 2009 estimates. During the comment
period the Census Bureau received no responses from eligible
governmental units that opposed this proposal. In response to concerns
about the redesign of the challenge program after the 2010 Census, the
Census Bureau will await the assessment of the 2010 Census compared to
the estimates. In proposing any redesign of the challenge program, the
Census Bureau will strive to capture the most accurate demographic
components that are consistent with the estimates program
methodologies, and reduce the need for a post-estimates review process.
Commenter 4. The commenter voiced support for the Census Bureau
decision to temporarily suspend the Population Estimates Challenge
Program and to resume it for the 2011 estimates. The commenter also
supported the Census Bureau's stated intent to evaluate the results of
the 2010 Census in comparison to the population estimates, conduct
research to enhance the estimates and challenge programs, and to
integrate the updates from the 2010 Census into the estimates program.
The commenter also strongly recommended that the Census Bureau gather
perspectives from a wide variety of stakeholders reliant on population
estimates. The commenter also concurred with the Census Bureau intent
to indefinitely suspend the income estimates challenge program until a
rulemaking can be initiated to remove the regulations from the Code of
Federal Regulations.
Response 4. The Census Bureau concurs with the comments and
suggestion of this commenter. We agree that little disruption will
occur with the suspension of the program, due to the proximate release
of the 2010 Census counts to all stakeholders in early 2011. In
considering any revisions to the challenge program, the Census Bureau
will, in a reasonable period and through appropriate venues, consult a
variety of stakeholders on the elements of the program. Any proposal to
revise the program will allow for a comment period to ensure that the
needs of the user community are included before any revisions are
implemented.
Commenter 5. The commenter stated that the public should be able to
challenge any estimate by opening the process to groups or individuals.
Response 5. The Census Bureau did not accept this suggestion.
Opening the challenge program to groups or individuals that do not
officially represent states, counties, or local governments would
increase the administrative and evaluative complexity of this program
for the Census Bureau. The potential for multiple, inconsistent
challenges from individuals or other groups would result in an
inefficient use of limited resources. States, counties, and local
governments have a vested interest in securing the most accurate
population estimates possible, and would have the best information and
resources to challenge the population estimate. Thus, we have
determined to retain the current requirements of the challenge program
codified in Title 15, Part 90 of the CFR, which allow only eligible
general-purpose governmental units to submit population estimates
challenges.
Suspension of the Population Estimates and Per Capita Income Estimates
Challenge Program
As is done for other intercensal programs, the Census Bureau hereby
notifies the public that it will suspend the Population Estimates
Challenge Program after the resolution of all challenges to the 2008
population estimates, which should occur by February 3, 2010. The
Census Bureau will release the 2009 population estimates in 2010 and
the Census Bureau will not accept challenges to the 2009 estimates.
The Population Estimates Challenge Program will resume in 2012 for
the 2011 estimates after the Census Bureau concludes its
responsibilities in the conduct of the decennial census. During the
period when the program is suspended, the Census Bureau will be
conducting demographic analysis of the 2010 Census, evaluating the
results of the 2010 Census in comparison with the population estimates,
conducting research to enhance the estimates and challenge programs and
integrating the updates from the 2010 Census into the estimates program
after the 2010 Census.
After the conduct of the decennial census, the Census Bureau will
resume accepting challenges to the population estimates by publishing a
notice in the Federal Register that will announce the date when it will
begin to accept challenges. The Census Bureau will accept challenges
beginning with the 2011 population estimates. The 2011 population
estimates are based upon the 2010 Census and are scheduled for release
in 2012.
Suspending the Population Estimates Challenge Program is a
necessary action to ensure that sufficient resources are allocated to
the conduct of the decennial census and to allow the Census Bureau's
Population Division staff to effectively evaluate the 2010 Census
results.
In addition, the Census Bureau notifies the public that it also
will suspend the Per Capita Income Estimates Challenge Program, which
are codified in the same part as the Population Estimates Challenge
Program. This program has not been active since the general revenue
sharing program ended in 1986, along with its requirement for per
capita income estimates, and thus the Census Bureau has determined to
suspend the program indefinitely. The Census Bureau will undertake a
rulemaking action in the near future to remove these regulations from
the CFR.
Classification
Executive Order (EO) 12866: It has been determined that this notice
is not significant for purposes of EO 12866.
Executive Order 13132: It has been determined that this notice does
not contain policies with Federalism implications as that term is
defined in EO 13132.
Regulatory Flexibility Act: The Chief Counsel for Regulations
certified to the Chief Counsel for Advocacy that this rule, if
implemented, would not have a significant economic impact on a
substantial number of small entities. The factual basis for this
certification was published with the proposed rule and is not repeated
here. No comments were received regarding the economic
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impact of this final rule. As a result, no final regulatory flexibility
analysis was prepared.
List of Subjects in 15 CFR Part 90
Administrative practice and procedure; Census data; State and local
governments.
0
For reasons discussed in the preamble, the Census Bureau is amending 15
CFR Part 90 as follows:
PART 90--PROCEDURE FOR CHALLENGING CERTAIN POPULATION AND INCOME
ESTIMATES
0
1. The authority citation for Part 90 continues to read as follows:
Authority: 13 U.S.C. 4.
0
2. Effective February 3, 2010, PART 90--PROCEDURE FOR CHALLENGING
CERTAIN POPULATION AND INCOME ESTIMATES is stayed indefinitely.
Dated: December 22, 2009.
Robert M. Groves,
Director, Bureau of the Census.
[FR Doc. E9-31171 Filed 12-31-09; 8:45 am]
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