Temporary Suspension of the Population Estimates Challenge Program

Published date09 January 2020
Citation85 FR 1100
Record Number2019-28416
SectionRules and Regulations
CourtThe Census Bureau
Federal Register, Volume 85 Issue 6 (Thursday, January 9, 2020)
[Federal Register Volume 85, Number 6 (Thursday, January 9, 2020)]
                [Rules and Regulations]
                [Pages 1100-1102]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-28416]
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                DEPARTMENT OF COMMERCE
                Bureau of the Census
                15 CFR Part 90
                [Docket Number: 191211-0109]
                RIN 0607-AA57
                Temporary Suspension of the Population Estimates Challenge
                Program
                AGENCY: Bureau of the Census, Department of Commerce.
                ACTION: Notification of final rulemaking.
                -----------------------------------------------------------------------
                SUMMARY: This document provides notice to state and local governments
                and to Federal agencies that, beginning on January 8, 2020, the Bureau
                of the Census (Census Bureau) will temporarily suspend the Population
                Estimates Challenge Program during the decennial census year (2020) and
                2021 to accommodate the taking of the 2020 Census. The suspension of
                this program is a necessary action in order to ensure that sufficient
                resources are allocated to conduct the decennial census, allowing the
                Census Bureau's Population Division staff to effectively evaluate the
                2020 Census results. The Census Bureau will publish a document in the
                Federal Register announcing the resumption of the Population Estimates
                Challenge Program when the stay is lifted.
                [[Page 1101]]
                DATES: Effective January 9, 2020, 15 CFR part 90 is stayed.
                FOR FURTHER INFORMATION CONTACT: Amel Toukabri, Population Division,
                Bureau of the Census, Washington, DC 20233, telephone (301) 763-2461,
                email at <[email protected]>.
                SUPPLEMENTARY INFORMATION: The Census Bureau hereby notifies the public
                that it will suspend the Population Estimates Challenge Program after
                the resolution of all challenges to the 2018 population estimates,
                which should occur by January 8, 2020. The Census Bureau will release
                the 2019 population estimates in 2020; however, the Census Bureau will
                not accept challenges to the 2019 estimates.
                 Under title 15, part 90 CFR, ``Procedure for Challenging Population
                Estimates,'' the Census Bureau provides general-purpose governmental
                units the opportunity to seek a review and provide additional data to
                the Census Bureau's annual population estimates and to present evidence
                relating to the accuracy of the estimates. A general-purpose
                governmental unit may file a challenge to its population estimate any
                time up to 90 days after the release of the estimate by the Census
                Bureau on its website. The Census Bureau, upon receipt of the
                appropriate documentation to support the challenge, will attempt to
                resolve the discrepancy with the governmental unit in a timely manner.
                A general-purpose governmental unit may file a challenge of the revised
                estimate any time up to 90 days after its release.
                 Pursuant to the Population Estimates Challenge Program's governing
                regulations, the Census Bureau annually prepares, between decennial
                censuses, statistical estimates of the number of people residing in
                states and their governmental units. 15 CFR 90.1. The Census Bureau
                will not accept challenges to the 2019 population estimates, to be
                released in May 2020, because of conflicts with the Census Bureau's
                Population Division staff's work to support the review and evaluation
                of the 2020 Decennial Census. Additionally, the 2020 Decennial Census
                counts will start to be publicly available on a flow basis beginning in
                December 2020 and continue to be released in 2021, so the timing of
                these two separate releases might cause confusion for states, counties,
                and other units of general-purpose governments who regularly use the
                population and housing data for different purposes such as planning and
                providing a wide range of services to their communities.
                 State and local governments also play a critical role to ensure the
                accuracy of the Census Bureau's address file and resulting counts from
                the upcoming 2020 Census given the essential role of the population
                counts in determining congressional representation, redistricting, and
                the distribution of federal funds. Partnership efforts for the Census
                Bureau encompass building networks and engaging trusted voices to
                assist in meeting the overall 2020 Census goal of counting everyone
                once, only once, and in the right place.
                 For these reasons the Census Bureau will suspend the Population
                Estimates Challenge for the decennial year (2020) and 2021. The
                Population Estimates Challenge program was suspended during 2010 and
                2011 to accommodate the taking of the 2010 Census.
                 During the suspension period, the Census Bureau will not provide
                the operations necessary to review challenges to the July 1, 2019,
                population estimates for states, counties, and other general-purpose
                governments, such as cities, towns, and villages. This is to ensure
                that sufficient resources are allocated to the conduct of the Decennial
                Census, allowing the Census Bureau's Population Division staff to
                effectively evaluate the 2020 Census results and prepare the groundwork
                for the new decade of estimates. During the period when the program is
                suspended, the Population Estimates Program will be conducting
                demographic analysis of the 2020 Census, evaluating the results of the
                2020 Census in comparison with the population estimates, conducting
                research to enhance the estimates, and integrating the updates from the
                2020 Census into the estimates program after the 2020 Census is
                concluded.
                 The Population Estimates Challenge Program will resume in 2022
                after the Census Bureau concludes its responsibilities in the conduct
                of the decennial census. The Census Bureau will resume accepting
                challenges to the population estimates by publishing in the Federal
                Register a document that announces the date when it will begin to
                accept challenges. At that time, states, counties, and other units of
                general-purpose government may initiate challenges to population
                estimates under the procedures set forth in 15 CFR part 90. The Census
                Bureau would accept challenges beginning with the 2021 population
                estimates. The 2021 population estimates will be based upon the 2020
                Census counts and are scheduled for release in 2022.
                Classification
                 Executive Order 12866: It has been determined that this document is
                not significant for purposes of E.O. 12866.
                 Executive Order 13132: It has been determined that this document
                does not contain policies with Federalism implications as that term is
                defined in E.O. 13132.
                 Administrative Procedure Act: The provisions of the Administrative
                Procedure Act requiring prior notice and opportunity for public comment
                are inapplicable under 5 U.S.C. 553(b)(B) because such prior notice and
                opportunity for public comment is unnecessary and impractical. The
                Population Estimates Challenge program is routinely suspended during
                decennial census operations in order to ensure that resources within
                the Population Division are allocated toward evaluating the decennial
                census results. This rule only suspends the program during the taking,
                processing and tabulation of the 2020 Census. Thus, this rule does not
                implement revisions to the program or its requirements. Furthermore,
                there is good cause to waive the thirty day delay in effective date
                pursuant to 5 U.S.C. (d)(3), as this rule does not require action nor
                burden any regulated entity, including state and local governments such
                as county, city, town, or village. Moreover, allowing an additional
                thirty days for challenges is not practical since the 2019 Population
                Estimates Challenge period would begin two months after the scheduled
                suspension of the Challenge program.
                 Regulatory Flexibility Act: Because a notice of proposed rulemaking
                and an opportunity for public comment are not required for this rule by
                5 U.S.C. 553, or by any other law, the analytical requirements of the
                Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable.
                Accordingly, no regulatory flexibility analysis is required and none
                has been prepared.
                List of Subjects in 15 CFR Part 90
                 Administrative practice and procedure, Census data, State and local
                governments.
                PART 90--PROCEDURE FOR CHALLENGING POPULATION ESTIMATES
                0
                For the reason stated in the preamble, and under the authority of 13
                U.S.C. 4 and 181, 15 CFR part 90 is stayed indefinitely effective
                January 9, 2020.
                [[Page 1102]]
                 Dated: December 20, 2019.
                Steven D. Dillingham,
                Director, Bureau of the Census.
                [FR Doc. 2019-28416 Filed 1-8-20; 8:45 am]
                 BILLING CODE 3510-07-P
                

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