[Federal Register Volume 67, Number 166 (Tuesday, August 27, 2002)]
[Rules and Regulations]
[Pages 54950-54952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21709]
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DEPARTMENT OF COMMERCE
Bureau of the Census
15 CFR Part 50
[Docket Number 020509117-2195-02]
RIN 0607-AA36
Bureau of the Census Certification Process
AGENCY: Bureau of the Census, Department of Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of the Census (Census Bureau) is issuing this final
rule to establish the process for requesting certification of Census
Bureau
[[Page 54951]]
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 issuing
this final rule to create a centralized system for certifying Census
Bureau documents and to accurately reflect the true costs associated
with certification.
EFFECTIVE DATE: This rule is effective on September 26, 2002.
FOR FURTHER INFORMATION CONTACT: Requests for additional information on
this 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
The Census Bureau has developed standard procedures and pricing
policies regarding the certification process.
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. The price structure includes a preset service fee plus the
cost of the resources used in fulfilling the requests, according to the
kind of certification requested and its level of difficulty (easy,
moderate, or difficult). The two types of certification available are
(1) ``Impression,'' 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.
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.
In order to create consistent certification rules, the Census
Bureau is making 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/
.)
On June 4, 2002, the Census Bureau published in the Federal
Register a notice of proposed rulemaking and request for comments on
this program (67 FR 38445). The Census Bureau received no comments on
the proposed rule.
Administrative Procedure and Regulatory Flexibility Act
A notice of final 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 not to be 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), collects 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)).
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;
and 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
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Estimated
Estimated time to
Product price complete
(in 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
[[Page 54952]]
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) is 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: August 21, 2002.
Charles Louis Kincannon,
Director, Bureau of the Census.
[FR Doc. 02-21709 Filed 8-26-02; 8:45 am]
BILLING CODE 3510-07-P