[Federal Register Volume 67, Number 195 (Tuesday, October 8, 2002)]
[Proposed Rules]
[Pages 62657-62659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25401]


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DEPARTMENT OF COMMERCE

Bureau of the Census

15 CFR Part 50

[Docket Number 020919216-2216-01]
RIN 0607-AA37


Bureau of the Census Geographically Updated Population 
Certification Program

AGENCY: Bureau of the Census, Department of Commerce.

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: Following the 1970 decennial census and every decennial census 
thereafter, the Bureau of the Census (Census Bureau) has provided the 
opportunity for county, local, and tribal governments to obtain 
certified population and housing unit counts for areas in which their 
boundaries have changed from those used to tabulate the results of the 
immediately preceding decennial census. These changes might occur 
either as the result of newly created governmental units 
(incorporations), additions to existing governmental units 
(annexations), the combination of two existing governmental units 
(merger), or other circumstances. These governmental units are 
established by law for the purpose of implementing specified general-or 
special-purpose governmental functions; the certification process is 
available to both.
    Most governmental units have legally established boundaries and 
names, and have officials (usually elected) who have the power to carry 
out legally prescribed functions, provide services for residents, and 
raise revenues. These are commonly referred to as general-purpose 
governmental units and typically include counties, boroughs, cities, 
towns, villages, townships, and federally recognized American Indian 
reservations. Special-purpose governmental units typically are limited 
to one function, such as school districts.
    This update service was suspended on June 1, 1998, to accommodate 
the taking of the 2000 census and will resume in the fall of 2002. The 
Census Bureau is proposing this rule to reinstate the process by 
creating a centralized system for certifying population and housing 
counts and to establish a fee structure that accurately reflects the 
costs associated with this certification process. This service will be 
a permanent process, but one that will be temporarily suspended during 
future decennial censuses. Typically, the Census Bureau will suspend 
this service, and direct its resources to the decennial census, for a 
total of five years--the two years preceding the decennial census, the 
decennial census year, and the two years following it. The Census 
Bureau will issue notices in the Federal Register announcing when it 
suspends and, in turn, resumes, the service.

DATES: Written comments must be submitted on or before November 7, 
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 action should be directed to Rodger V. Johnson, 
Population Distribution Branch, Population Division, U.S. Census 
Bureau, Room 2324, Federal Building 3, Washington, DC 20233, (301) 763-
2419, by fax (301) 457-2481, or e-mail ([email protected]).

SUPPLEMENTARY INFORMATION: 

Background

    The Census Bureau first began to certify decennial census 
population counts for updated governmental unit boundaries in 1972 in 
response to the request of local governments to establish eligibility 
for participation in the General Revenue Sharing Program, authorized 
under Public Law 92-152. At the time, the Census Bureau established a 
fee-based program, enabling governmental units with annexations to 
obtain updated decennial census population counts that included the 
population living in annexed areas. The Census Bureau also received 
funding from the U.S. Department of the Treasury to make those 
determinations for larger annexations that met prescribed criteria and 
for newly formed general-purpose governmental units. The General 
Revenue Sharing Program ended on September 30, 1986, but the 
certification program continued into 1988 with support from the Census 
Bureau. The program was suspended to accommodate the taking of the 1990 
decennial census and resumed in 1992. The Census Bureau supported the 
program through fiscal year 1995 for cities with large annexations and 
through fiscal year 1996 for newly incorporated places. The program was 
continued on a fee-basis only until June 1, 1998, at which time it was 
suspended for the 2000 decennial census (see Federal Register, 63 FR 
27706, May 20,

[[Page 62658]]

1998). At the time, it was stated that the program would resume in 
three years; however, resumption was delayed by continuing resource 
demands of the 2000 decennial census.
    Although there is no legal requirement that the Census Bureau 
provide this service, there is a demand by governmental units for 
Census 2000 population and housing counts certified to reflect boundary 
updates or the formation of new governmental units dated after January 
1, 2000 (the legally effective date for boundaries used in tabulating 
Census 2000). Title 13, Section 8, allows the Census Bureau to continue 
this program by providing certain statistical materials (certified 
population and housing counts) upon payment of costs for the service. 
The Census Bureau is the sole provider of this service obtained through 
the processing of individual Census 2000 enumeration records protected 
by the confidentiality restrictions of Title 13, United States Code 
(U.S.C.).
    A geographically updated population certification from the Census 
Bureau confirms that an official population count is an accurate 
retabulation of the Census 2000 population as configured for the new 
boundaries. A population certification may be needed for many reasons. 
For example, general-purpose governments may be required by state law 
to produce a Census Bureau population certification for funds 
disbursement from their respective states, or federally sponsored 
programs may require or honor a Census Bureau population certification 
for program eligibility. Special-purpose governmental units also may 
need official certification of census population and housing counts for 
other purposes.
    The Census Bureau will reinstate a fee-based program that will use 
current geographic and demographic programs to support customer 
requests. The proposed fee structure reflects variations in resources 
needed to meet customer requirements for certifications of standard 
governmental units, as listed later in this notice (see paragraph (c) 
under section 50.60, ``Request for Certification''). To create a 
consistent process to meet the anticipated demand for the service, the 
Census Bureau is proposing an amendment to Title 15 CFR part 50:
    [sbull] Add a new section 50.60 containing the Census Bureau's 
certification process.
    [sbull] Establish a consistent fee structure. The fees will depend 
on the degree of geographic processing tasks required to complete the 
certification request and on the urgency of the request. There are two 
types of fees, based upon whether the population certificate is 
generated through an annually scheduled geographic update process, or 
is expedited in order to meet customer needs. The annual and expedited 
certification fees further depend on whether or not additional 
geographic data must be acquired from the customer and reviewed, 
tracked, and processed. The lowest fee applies to customers whose 
geographic data have been collected as part of the annual geographic 
update process and whose schedules permit waiting until the annual 
processing has been completed. The highest fee applies to customers 
from whom additional geographic data must be acquired (over and above 
the normal annual process) and who also specify expedited processing.
    [sbull] Require requests for certifications to contain information 
on Form BC-1869(EF), ``Request for Geographically Updated Official 
Population Certificate.'' (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 U.S.C. 
553, or any other law, for this rule of agency organization, procedure 
and practice that 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. 553(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. However, this rule is being 
published as a proposed rule with an opportunity for public comment, 
because of the importance of the issues raised by this rulemaking.

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 
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-1869(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)).

List of Subjects in 15 CFR Part 50

    Census data, Geographic updates, 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; and 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 section 50.60 to read as follows:


Sec.  50.60  Request for Certification

    (a) Certification Process. Upon request, the Census Bureau 
certifies population and housing counts of standard governmental units 
to reflect boundary updates, including new incorporations, annexations, 
mergers, and so forth. The Census Bureau will produce a certificate, 
that is, a signed statement by a Census Bureau official attesting to 
the authenticity of the certified Census 2000 population and housing 
count to reflect updates to the legal boundaries of governmental units 
after those in effect for Census 2000. This service will be a permanent 
process, but one that will be temporarily suspended during future 
decennial censuses. Typically, the Census Bureau will suspend this 
service, and direct its resources to the decennial census, for a total 
of five years--the two years preceding the decennial census, the 
decennial census year, and the two years following it. The Census 
Bureau will issue notices in the Federal Register announcing when it 
suspends and, in turn, resumes, the service.
    (1) The Census Bureau charges customers a preset fee for this 
service according to the amount of work involved in compiling the 
population and housing counts, as determined by the resources expended 
to meet customer requirements and the set cost

[[Page 62659]]

of the product (one certificate). Certification fees may increase 
somewhat if the customer requests additional original certificates. 
Each additional certificate costs $35.00. Certification prices are 
shown in the following table:

                      Description and Estimated Fee
------------------------------------------------------------------------
     Standard governmental units                 Estimated fee
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Annual Certification.................  $693 to $1,799.
Expedited Certification..............  $1,530 to $9,075.
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    (2) [Reserved]
    (b) Description of Certification Types. The Census Bureau will 
process requests for population certificates for standard governmental 
units, in accordance with the Census Bureau's annual certification 
schedule or under an expedited certification arrangement. The 
boundaries for standard governmental units are regularly and 
customarily updated between decennial censuses by the Census Bureau's 
geographic support system. These governmental units include a variety 
of legally defined general- and special-purpose governmental units, 
including counties and statistically equivalent entities, minor civil 
divisions, incorporated places, consolidated cities, federally 
recognized American Indian reservations, and school districts. A 
complete list of entities is defined in paragraph (c) of this section.
    (1) Annual Certification. Annual population and housing 
certification is available around October 1 of each calendar year to 
new or existing governmental units that reported legal boundary updates 
in the Census Bureau's annual Boundary and Annexation Survey. In 
accordance with reporting requirements of this survey, the legally 
effective dates of the boundary updates may not be later than January 1 
of the calendar year. These certifications are available through 
September of the following year.
    (i) The annual certification process also is available to standard 
governmental units that are not in the Boundary and Annexation Survey 
of that year. Governmental units electing participation in this process 
must draft the legal boundary updates upon Census Bureau-supplied maps. 
The legally effective dates of the boundaries may not be later than 
January 1 of the calendar year. The Census Bureau must receive the 
census maps annotated with the legally certified boundaries and 
associated address ranges by April 1 of the same calendar year. The 
Census Bureau will determine that the legal boundary updates are 
acceptable by verifying that the information is complete, legible, and 
usable, and that the legal boundaries on the maps have been attested by 
the governmental unit as submitted in accordance with state law or 
tribal authority.
    (ii) [Reserved]
    (2) Expedited Certification. (i) Expedited certification will be 
available where the customer requests any of the following:
    (A) Certification of boundary updates legally effective after 
January 1 of the current calendar year; or
    (B) Certification of boundary updates reported to the Census Bureau 
after April 1 of the current calendar year; or
    (C) Certification of boundary updates by the Census Bureau before 
October 1 of the current calendar year.
    (ii) Governmental units electing participation in this option must 
draft the legal boundary updates upon Census Bureau-supplied maps. To 
allow sufficient processing time, the Census Bureau must receive 
acceptable census maps annotated with the legally certified boundaries 
and associated address ranges no later than three months before the 
date requested by the customer to receive the population certificate. 
The Census Bureau will determine that the legal boundary updates are 
acceptable by verifying that the information is complete, legible, and 
usable, and that the legal boundaries on the maps have been attested as 
submitted in accordance with state law or tribal authority.
    (c) List of Standard Governmental Units. The following is a list of 
the standard governmental units eligible for the Geographically Updated 
Population Certification Program:
    (1) Federally recognized American Indian reservations and off-
reservation trust land entities [tribal government]; this includes a 
reservation designated as a colony, community, Indian community, Indian 
village, pueblo, rancheria, reservation, reserve, and village.
    (2) Counties and statistically equivalent entities, including the 
following: Counties in 48 states; boroughs, municipalities, and census 
areas in Alaska (state official); parishes in Louisiana; and municipios 
in Puerto Rico.
    (3) Minor civil divisions as recognized in Census 2000 in the 
following 28 states: Arkansas, Connecticut, Illinois, Indiana, Iowa, 
Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, 
Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New York, 
North Carolina, North Dakota, Ohio, Pennsylvania, Rhode Island, South 
Dakota, Vermont, Virginia, West Virginia, and Wisconsin.
    (4) Incorporated places, including the following: boroughs in 
Connecticut, New Jersey, and Pennsylvania; cities in 49 states and the 
District of Columbia; cities, boroughs, and municipalities in Alaska; 
towns in 30 states (excluding towns in New England, New York, and 
Wisconsin, which are minor civil divisions); and villages in 20 states.
    (5) Consolidated cities.
    (6) School districts.
    (d) Non-Standard Certifications. Certifications for population and 
housing counts of non-standard geographic areas or of individual census 
blocks are not currently available under this program but will be 
announced under a separate notice at a later date.
    (e) Submitting Certification Requests. Requests for certifications 
should be submitted on Form BC-1869(EF), Request for Geographically 
Updated Official Population Certification, to the Census Bureau by fax, 
(301) 457-4714, or by e-mail, [email protected]. Form BC-1869(EF) 
will be available on the Census Bureau's Web site at: <http://www.census.gov/mso/www/certification. A letter or e-mail 
communication requesting the service without Form BC-1869(EF) will be 
accepted only if it contains the information necessary to complete a 
Form BC-1869(EF).

    Dated: October 1, 2002.
Charles Louis Kincannon,
Director, Bureau of the Census.
[FR Doc. 02-25401 Filed 10-7-02; 8:45 am]
BILLING CODE 3510-07-P