[Federal Register Volume 87, Number 224 (Tuesday, November 22, 2022)]
[Rules and Regulations]
[Pages 71240-71242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25413]


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DEPARTMENT OF COMMERCE

Census Bureau

15 CFR Part 90

[Docket Number: 221116-0242]
RIN 0607-AA57


Resumption of the Population Estimates Challenge Program

AGENCY: Census Bureau, Department of Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of the Census (Census Bureau) is resuming the

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Population Estimates Challenge Program to provide eligible governmental 
units the opportunity to file requests for the review of population 
estimates for 2021 and subsequent years in forthcoming estimates 
series, beginning with the Vintage 2022 series that is scheduled to be 
published in 2023. This document lifts the stay of the Population 
Estimates Challenge Program regulations. This document does not 
implement revisions to the program or its requirements. The Census 
Bureau has published a proposed rule elsewhere in this issue of the 
Federal Register announcing the program's current requirements and 
soliciting comments about how the program might be improved.

DATES: Effective on November 22, 2022.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to Amel Toukabri, Chief, Local Government Estimates 
and Migration Processing Branch, 301-763-2461, and 
[email protected].

SUPPLEMENTARY INFORMATION: The Census Bureau typically prepares, in 
most years between decennial censuses, statistical estimates of the 
number of people residing in states and their governmental units. Under 
15 CFR part 90, ``Procedure for Challenging Population Estimates,'' the 
Census Bureau generally provides general-purpose governmental units the 
opportunity to seek a review of these estimates by providing additional 
data to the Census Bureau's Population Estimates Program as evidence 
relating to the accuracy of the estimates. In most years, 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 
appropriate documentation to support the challenge, will attempt to 
resolve the discrepancy with the governmental unit in a timely manner.
    With this publication, the Census Bureau provides notice that it is 
now resuming the Population Estimates Challenge Program to provide 
eligible governmental units the opportunity to challenge population 
estimates for 2021 and subsequent years in forthcoming estimates 
series, beginning with the Vintage 2022 series that is scheduled to be 
published in 2023.
    Previously, the Census Bureau published a final rule on January 9, 
2020, in the Federal Register (85 FR 1100) to announce that it would 
temporarily suspend the Population Estimates Challenge Program to 
accommodate the taking of the 2020 Census. This suspension ensured that 
the Bureau could allocate sufficient resources to conduct and complete 
the 2020 decennial census, including time for the Census Bureau's 
Population Division staff to effectively review and evaluate the 2020 
Census results, and to assist with other important post-Census 
activities, including the development of the 2020 Demographic Analysis 
estimates of net coverage error and expediting the dissemination of the 
Vintage 2020 estimates products for use as a benchmark in 2020 Census 
evaluations.
    The Census Bureau has previously suspended the Population Estimates 
Challenge Program around the time of other censuses, and the program is 
typically resumed when staff assigned to decennial census-related work 
complete those assignments and become available to reinstate and 
support the operation of the Population Estimates Challenge Program. 
For example, the Population Estimates Challenge Program was suspended 
in 2010 in support of work pertaining to the 2010 Census and then 
resumed in 2013.\1\
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    \1\ Resumption of the Population Estimates Program, 78 FR 255 
(January 3, 2013) (to be effective on February 4, 2013). https://www.federalregister.gov/d/2012-31598.
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    The Census Bureau had planned to resume the Population Estimates 
Challenge Program in 2022; however, those efforts were delayed as a 
result of significant and unexpected changes to the operational 
schedule for the 2020 Census, which were primarily caused by the 
effects of the COVID-19 pandemic and related mitigation measures.\2\ 
Most notably, 2020 Census field operations were interrupted and delayed 
due to lockdown orders and health concerns which prevented data 
collection activities from proceeding on their original schedule. For 
example, the Nonresponse Followup Operation was originally scheduled 
for May 13, 2020, to July 31, 2020, but the actual dates for the 
operation were July 16, 2020, to October 15, 2020.
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    \2\ https://www.census.gov/programs-surveys/decennial-census/decade/2020/planning-management/operational-adjustments.html.
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    The Population Estimates Program depends on the decennial census 
data to serve as the starting point (or estimates base) for each new 
decade of annual population estimates. The schedule changes described 
above translated into significant and unexpected delays for processing 
of the 2020 Census data and the subsequent availability of data files 
required to research and develop the April 1, 2020 estimates base for 
the 2021 estimates series known as ``Vintage 2021.'' These files only 
became available for use by the Population Estimates Program on June 
24, 2021, instead of the originally projected date of January 25, 2021. 
The resulting work leveraging these files to develop population 
estimates for subcounty geographies was completed on April 7, 2022, 
instead of the originally projected completion in early fall 2021. The 
methodology that is used to create the estimates informs what 
components of the estimates are subject to challenge. As a result, the 
supporting materials for the Population Estimates Challenge Program, 
such as the Review Guide for the Population Estimates Challenge 
Program, could not be finalized until the method to develop the 
estimates of population for subcounty geographies had been completed to 
ensure that the materials made available feature current methodologies 
and input data requirements. Once it became clear that the amount of 
time remaining to reinstate the Population Estimates Challenge Program 
for the Vintage 2021 estimates series was insufficient, the timeline 
for resuming the program was updated on the Census Bureau's website, in 
February 2022.\3\
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    \3\ https://www.census.gov/programs-surveys/popest/about/challenge-program.html.
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    The Census Bureau will resume accepting challenges to the 
population estimates as of November 22, 2022. 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 will accept challenges to the estimates 
for 2021 and subsequent years in forthcoming estimates series, 
beginning with the Vintage 2022 series that is scheduled to be 
published in March and May of 2023. Challenges to previous estimates 
series will not be accepted. See 15 CFR 90.6(a) (``A request for a 
challenge to a population estimate may be filed any time up to 90 days 
after the release of the estimate by the Census Bureau.''). Although 
the Census Bureau has the discretion to accept untimely requests in 
certain circumstances, see id. Sec.  90.6(b), this is not an 
appropriate circumstance to exercise such discretion, given the need to 
prioritize the agency's limited resources to prepare the forthcoming 
2022 estimates, and to ensure that sufficient resources and program 
materials are available to support the operation of the Challenge 
Program and the evaluation of future challenges received.

Classification

    Executive Order 12866: It has been determined that this rule is not 
significant for purposes of E.O. 12866.

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    Executive Order 13132: It has been determined that this rule 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 (APA) requiring prior notice and opportunity for public 
comment are inapplicable under 5 U.S.C. 553(b)(B) because prior notice 
and opportunity for public comment is impracticable, unnecessary, and 
contrary to the public interest, given the agency's desire and ability 
to restart this program after an extended period of suspension to 
accommodate the decennial census and COVID-19-related delays. 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 reviewing and evaluating 
the decennial census results. This rule only resumes the suspended 
program. 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. 553(d)(3), as this rule 
does not burden any regulated entity, including state and local 
governments such as county, city, town, or village. Moreover, allowing 
an additional thirty days before challenges is not practicable since 
entities have expected the return of the Population Estimates 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.
    Robert L. Santos, Director, Census Bureau, approved the publication 
of this rule in the Federal Register.

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, the stay of 15 CFR part 90 is lifted effective 
November 22, 2022.

    Dated: November 17, 2022.
Shannon Wink,
Program Analyst, Policy Coordination Office, U.S. Census Bureau.
[FR Doc. 2022-25413 Filed 11-21-22; 8:45 am]
BILLING CODE 3510-07-P