[Federal Register Volume 67, Number 107 (Tuesday, June 4, 2002)]
[Proposed Rules]
[Pages 38445-38446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13603]


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DEPARTMENT OF COMMERCE

Bureau of the Census

15 CFR Part 50

[Docket Number 020509117-2117-01]
RIN Number 0607-AA36


Bureau of the Census Certification Process

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) proposes to establish 
the process for requesting certification of Census Bureau documents 
(i.e., tables, maps, reports, etc.) and the pricing structure for that 
service. A certification confirms that a product is a true and accurate 
copy of a Census Bureau document. The Census Bureau is proposing this 
rule to create a centralized system for certifying Census Bureau 
documents and to accurately reflect the true costs associated with 
certification.

DATES: Written comments must be submitted on or before July 5, 2002.

ADDRESSES: Please direct all written comments on this proposed program 
to the Director, U.S. Census Bureau, Room 2049, Federal Building 3, 
Washington, DC 20233.

FOR FURTHER INFORMATION CONTACT: Requests for additional information on 
this proposed rule should be directed to Les Solomon, Chief, Customer 
Services Center, Marketing Services Office, U.S. Census Bureau, Room 
1585, Federal Building 3, Washington, DC 20233, (301) 763-5377 or by 
fax (301) 457-4714.

SUPPLEMENTARY INFORMATION:

Background

    At this time, there are no standard procedures or pricing policies 
in place regarding the certification process at the Census Bureau. 
Certifications are currently handled by individual divisions at the 
Census Bureau, and the prices charged do not reflect the full cost of 
the work involved.
    Over the years, the volume of requests for certified Census Bureau 
documents has steadily increased. Title 13, section 8, allows the 
Census Bureau to provide certain statistical materials upon payment of 
costs for this service. With the release of Census 2000 data, the 
volume of requests for certified documents is expected to continue 
increasing. Substantial resources will be necessary to meet this 
demand. The proposed price structure reflects the cost of the resources 
used in fulfilling the expected requests, according to the kind of 
certification requested. Also reflected in the price is the level of 
difficulty (easy, moderate, or difficult) and time involved in 
compiling the certification. The two types of certification available 
are (1) ``Impressed,'' that is, impressing the Census Bureau seal on a 
document; and (2) ``Attestation,'' a signed statement by Census Bureau 
officials, attesting to the authenticity, accompanying a document onto 
which the Census Bureau seal has been impressed. Customers are to be 
charged a preset fee, as well as the standard cost of the data product 
(e.g., report or map).
    A certification may be needed for many reasons. For example, 
parties in a legal proceeding may wish to obtain a copy of a Census 
Bureau table or map that they wish to introduce into evidence, or local 
governments may need official certification of census counts and 
boundary changes.
    In order to create consistent certification rules, the Census 
Bureau proposes the following amendment to title 15, Code of Federal 
Regulations (CFR), part 50:
     Add new section, 50.50, containing the Census Bureau's 
certification process.
     Establish a consistent pricing structure.
     Require requests for certifications to contain information 
on Form BC-1868(EF), Request for Official Certification. (See the 
Census Bureau's Web site, <http://www.census.gov/mso/www/certification/
.)

Administrative Procedure and Regulatory Flexibility Act

    A notice of proposed rulemaking is not required by Title 5, United 
States Code (U.S.C.), section 553, or any other law, because this rule 
is procedural in nature and involves a matter relating to public 
property, loans, grants, benefits or contracts. Accordingly, it is 
exempt from the notice and comment provisions of the Administrative 
Procedure Act under 5 U.S.C. 553(a)(2) and 5 U.S.C. (b)(A). Therefore, 
the analytical requirements of the Regulatory Flexibility Act are not 
applicable (5 U.S.C. 601, et seq.). As a result, a Regulatory 
Flexibility Analysis is not required and none has been 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 sufficient to warrant preparation of a 
federalism assessment under Executive Order 12612.

Paperwork Reduction Act

    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with, a collection of information subject to the requirements 
of the Paperwork Reduction Act (PRA), Title 44, U.S.C., Chapter 35, 
unless that collection of information displays a current Office of 
Management and Budget control number. This notice does not represent a 
collection of information and is not subject to the PRA's requirements. 
The form referenced in the rule, Form BC-1868(EF), will collect only 
information necessary to process a certification request. As such, it 
is not subject to the PRA's requirements (5 CFR 1320.3(h)(1)).

[[Page 38446]]

List of Subjects in 15 CFR Part 50

    Census data, Population census, Seals and insignia, Statistics.

PART 50--SPECIAL SERVICES AND STUDIES BY THE BUREAU OF THE CENSUS

    1. The authority citation for 15 CFR part 50 continues to read as 
follows:

    Authority: Sec. 3, 49 Stat. 293, as amended; 15 U.S.C. 192a. 
Interprets or applies sec. 1, 40 Stat. 1256, as amended; sec. 1, 49 
Stat. 292; sec. 8, 60 Stat. 1013, as amended; 15 U.S.C. 192, 189a, 
13 U.S.C. 8.

    2. Add Sec. 50.50 to read as follows:


Sec. 50.50  Request for certification.

    (a) Upon request, the Census Bureau certifies certain statistical 
materials (such as the population and housing unit counts of government 
entities, published tabulations, maps, and other documents). The Census 
Bureau charges customers a preset fee for this service according to the 
kind of certification requested (either an impressed document or an 
attestation) and the level of difficulty involved in compiling it 
(easy, moderate, or difficult, determined according to the resources 
expended) as well as the set cost of the data product (e.g., report or 
map) to be certified. Certification prices are shown in the following 
table:

                     Price By Type of Certification
------------------------------------------------------------------------
                                                               Estimated
                                                    Estimated    time to
                      Product                          price    complete
                                                                (hours)
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Impress-easy......................................     $70.00        1.5
Impress-medium....................................     110.00        3
Impress-difficult.................................     150.00        4.5
Attestation-easy..................................     160.00        3
Attestation-medium................................     200.00        4.5
Attestation-difficult.............................     240.00        6
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    (b) There are two forms of certification available: Impressed 
Documents and Attestation.
    (1) Impressed Documents. An impressed document is one that is 
certified by impressing the Census Bureau seal on the document itself. 
The Census Bureau act, Title 13, United States Code, Section 3, 
provides that the seal of the Census Bureau shall be affixed to all 
documents authenticated by the Census Bureau and that judicial notice 
shall be taken of the seal. This process attests that the document on 
which the seal is impressed is a true and accurate copy of a Census 
Bureau record.
    (2) Attestation. Attestation is a more formal process of 
certification. It consists of a signed statement by a Census Bureau 
official that the document is authentic and produced or published by 
the agency, followed by a signed statement of another Census Bureau 
official witnessing the authority of the first.
    (c) Requests for certification should be submitted on Form BC-
1868(EF), Request for Official Certification, to the Census Bureau by 
fax, (301) 457-4714 or by e-mail, [email protected]. Form BC-
1868(EF) will be available on the Census Bureau's Web site at: http://www.census.gov/mso/www/certification/. A letter request--without Form 
BC-1868(EF)--will be accepted only if it contains the information 
necessary to complete a Form BC-1868(EF). No certification request will 
be processed without payment of the required fee.

    Dated: May 9, 2002.
Charles Louis Kincannon,
Director, Bureau of the Census.
[FR Doc. 02-13603 Filed 6-3-02; 8:45 am]
BILLING CODE 3510-07-P