[Federal Register Volume 91, Number 15 (Friday, January 23, 2026)]
[Rules and Regulations]
[Pages 2852-2855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-01239]
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DEPARTMENT OF COMMERCE
Census Bureau
15 CFR Part 90
[Docket No. 260108-0019]
RIN 0607-AA72
Clarifying and Streamlining the Regulatory Procedures for
Requesting a Challenge to the Census Bureau's Annual Population
Estimates
AGENCY: Census Bureau, Department of Commerce.
ACTION: Final rule.
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SUMMARY: By this rule, the Census Bureau (Bureau) amends and removes
certain regulations governing the program for challenging the Bureau's
annual population estimates (Population Estimates Challenge Program).
This action will improve and streamline the regulations by clarifying
that part 90 pertains to requests to
[[Page 2853]]
challenge the Bureau's annual population estimates, properly
introducing an acronym used throughout part 90, eliminating
inconsequential language, and amending or removing provisions that
impose undue restrictions or requirements on potential challengers. The
intended effect is to create a more efficient, clear, and accessible
process for governmental units to request a challenge to the Bureau's
population estimates, thereby promoting accuracy and accountability.
DATES: The rule is effective January 23, 2026.
FOR FURTHER INFORMATION CONTACT: Amel Toukabri, Chief, Local Government
Estimates and Migration Processing Branch, 301-763-2461, and
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
A. Regulatory History
The Bureau is amending its regulations at 15 CFR part 90, which
govern the Population Estimates Challenge Program. For context, the
Bureau produces population estimates pursuant to 13 U.S.C. 4 and 13
U.S.C. 181. The Bureau mostly recently revised the program for
challenging such estimates through a final rule published on March 24,
2023 (88 FR 17705). The aim of this program is to ensure the accuracy
of the Bureau's annual population estimates by providing governmental
units a formal process for requesting a review of, submitting
additional data for, and identifying potential errors in the Bureau's
estimates.
B. Description of the Regulations
Part 90 consists of nine regulatory sections: Sec. Sec. 90.1,
90.2, 90.3, 90.4, 90.5, 90.6, 90.7, 90.8, and 90.9.
Section 90.1 addresses the scope and applicability of part 90. It
explains that, ``[b]etween decennial censuses, the Census Bureau
annually prepares statistical estimates of the number of people
residing in States and their governmental units.'' 15 CFR 90.1. It
further explains that these estimates generally ``are developed by
updating the population counts produced in the most recent decennial
census with demographic components of change data and/or other
indicators of population change.'' Id. And it notes that the rules set
forth in part 90 ``prescribe the administrative procedure available to
governmental units to request a challenge to the most current of these
estimates.'' Id.
Section 90.2 states that ``[i]t is the policy of the Census Bureau
to provide the most accurate population estimates possible given the
constraints of resources and available statistical techniques.'' 15 CFR
90.2. Section 90.2 further states that ``[i]t is also the policy of the
Census Bureau, to the extent feasible, to provide governmental units
the opportunity to seek a review of and provide additional data for
these estimates and to present evidence relating to the accuracy of the
estimates.'' Id.
Section 90.3 recognizes various definitions. 15 CFR 90.3. In
particular, Sec. 90.3(g) notes that, ``For the purposes of this
program, an eligible governmental unit also includes the District of
Columbia and non-functioning counties or statistical equivalents
represented by an FSCPE member agency (i.e., a Federal-State
Cooperative for Population Estimates member agency).'' Id.
Section 90.4 is titled ``General'' and states that ``[t]his part
provides a procedure for a governmental unit to request a challenge of
a population estimate of the Census Bureau.'' 15 CFR 90.4. It further
states that ``[t]he Census Bureau, upon receipt of the appropriate
documentation, will attempt to resolve the estimate with the
governmental unit.'' Id.
Section 90.5. addresses the matter of ``[w]ho may file a
challenge'' to the annual population estimates. 15 CFR 90.5.
Specifically, it states that ``[a] request for a challenge of a
population estimate generated by the Census Bureau may be filed only by
the chief executive officer or highest elected official of a
governmental unit.'' Id. It goes on to state that ``[i]n those
instances where the FSCPE member agency represents a non-functioning
county or statistical equivalent, the governor will serve as the chief
executive officer or highest elected official.'' Id.
Section 90.6 addresses the matter of ``[w]hen a challenge may be
filed.'' 15 CFR 90.6. Subsection (a) states that ``[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,'' that
``[p]ublication by the Census Bureau on its website (www.census.gov)
shall constitute release,'' and that ``[d]ocumentation requesting a
challenge of any estimate may also be filed any time up to 90 days
after the date the Census Bureau, on its own initiative, revises that
estimate.'' 15 CFR 90.6(a). Subsection (b) then clarifies that ``[i]f,
however, a governmental unit has a sufficiently meritorious reason for
not filing in a timely manner, the Census Bureau has the discretion to
accept the late request.'' 15 CFR 90.6(b).
Section 90.7 addresses the matter of where to file a challenge.
Specifically, it provides that ``[a] request for a population estimate
challenge must be prepared in writing'' and sent to the Chief of the
Population Division of the Bureau either via email or at a physical
address specified elsewhere. 15 CFR 90.7. It also requires that any
governmental unit submitting such a request ``designate a contact
person who can be reached by telephone or email during normal business
hours should questions arise with regard to the submitted materials.''
Id.
Section 90.8 addresses the matter of what evidence is required for
such challenges. 15 CFR 90.8. Subsection (a) opens by stating that
``[t]he governmental unit shall provide whatever evidence it has
relevant to the request at the time of filing'' and that ``[t]he Census
Bureau may request further evidence when necessary.'' 15 CFR 90.8(a).
But, as relevant, subsection (a) also states that ``[t]he evidence
submitted must be consistent with the criteria, standards, and regular
processes the Census Bureau employs to generate the population
estimate.'' Id. Subsection (a) goes on to make clear that ``[t]he
Census Bureau will only accept a challenge when the evidence provided
indicates the use of incorrect data, processes, or calculations in the
estimates'' and that the Census Bureau ``cannot accept estimates
developed from methods different from those used by the Census
Bureau.'' Id.
Lastly, Sec. 90.9 addresses the process of reviewing challenges.
Specifically, it states that ``[t]he Chief, Population Division, Census
Bureau, or the Chief's designee shall review the evidence provided with
the request for the population estimate challenge, shall work with the
governmental unit to verify the data provided by the governmental unit,
and evaluate the data to resolve the issues raised by the governmental
unit.'' 15 CFR 90.9. It also states that ``the designated FSCPE
agencies are encouraged to serve as conduits with local governments in
the review of pre-release estimates, to the extent that this is
possible given data confidentiality requirements for pre-release
data.'' Id. And it concludes by stating that ``the Census Bureau shall
respond in writing with a decision to accept or deny the challenge. In
the event that the Census Bureau finds that the population estimate
should be updated, it will also post the revised estimate on the Census
Bureau's website (www.census.gov).'' Id.
[[Page 2854]]
II. Discussion
The Bureau is amending its regulations at 15 CFR part 90 to improve
and streamline the Population Estimates Challenge Program.
Specifically, the Bureau is (i) enhancing clarity by amending language
throughout part 90 to consistently reflect that part 90 establishes a
procedure for requesting a challenge to the Bureau's estimates, see 15
CFR 90.4, 90.5, 90.6, 90.7, 90.9; (ii) enhancing clarity by expressly
introducing the acronym FSCPE for ``Federal-State Cooperative for
Population Estimates,'' see 15 CFR 90.3(g); (iii) eliminating
inconsequential language within 15 CFR 90.4, 90.9; and (iv) removing or
amending provisions that impose undue requirements and restrictions on
challengers, see 15 CFR 90.6(b), 90.8(a). The Bureau is making these
changes to reduce regulatory complexity and confusion, alleviate the
burden on potential challengers, and promote accuracy and
accountability with respect to the Bureau's annual population
estimates.
Clarifying That Part 90 Pertains to Requests To Challenge the Bureau's
Estimates
First, the Bureau is amending language throughout part 90 to
consistently reflect that part 90 establishes a process for requesting
a challenge. Much of the language throughout part 90--particularly, the
language used in the titles of sections--omits any acknowledgment of
the fact that government units must request to file such a challenge.
See 15 CFR 90.5 (titled ``Who may file a challenge''); 15 CFR 90.6
(titled ``When a challenge may be filed''); 15 CFR 90.7 (titled ``Where
to file a challenge''); 15 CFR 90.9 (titled ``Review of challenge'').
The Bureau is tweaking the titles of Sec. Sec. 90.5, 90.6, 90.7, and
90.9 to more clearly reflect that part 90 pertains, most directly, to
requests for challenges.
Enhancing the Clarity of the Discussion of Federal-State Cooperative
for Population Estimates (FSCPE)
The Bureau is also enhancing the clarity of the references in part
90 to ``FSCPE.'' That acronym is currently used three times throughout
part 90, see 15 CFR 90.3(g), 90.5, 90.9, but it is never formally
introduced and explained. The Bureau is therefore amending the first
use of the acronym ``FSCPE'' (Sec. 90.3(g)) to explain that it stands
for Federal-State Cooperative for Population Estimates.
Elimination of Unnecessary and Inconsequential Provisions
Next, the Bureau is eliminating two regulatory provisions that are
unnecessary and inconsequential.
Section 90.4 states that part 90 ``provides a procedure for a
governmental unit to request a challenge of a population estimate of
the Census Bureau'' and also that the Bureau will ``attempt to resolve
the estimate with the governmental unit.'' 15 CFR 90.4. The Bureau has
determined that Sec. 90.4 is unnecessary and appropriate for removal,
particularly in light of Sec. Sec. 90.1 and 90.2, which sufficiently
introduce the purpose of part 90 and the Bureau's commitment to
resolving estimate disputes to the extent feasible.
Section 90.9 addresses the process of reviewing challenges, and, in
pertinent part, it states that ``designated FSCPE agencies are
encouraged to serve as conduits with local governments in the review of
pre-release estimates.'' 15 CFR 90.9. This language is purely advisory
and lacks any substantive, regulatory effect. Accordingly, the Bureau
has determined that it is appropriate for removal to simplify part 90
and minimize the risk of distraction and/or confusion.
Amending Unduly Restrictive Provisions
Lastly, the Bureau is amending two substantive provisions within
part 90 to reduce the administrative hurdles that potential challengers
must overcome and to enable governmental units to bring legal
challenges more freely. Such amendments are intended to reduce
regulatory burden and to promote accuracy and public confidence.
Section 90.6(b), for instance, establishes an exception to the
general deadline and provides that the Bureau has the discretion to
accept late requests if the governmental unit ``has a sufficiently
meritorious reason for not filing in a timely manner.'' 15 CFR 90.6(b).
Upon review, the Bureau has determined that this ``sufficiently
meritorious reason'' language should be removed, as there could be an
instance in which a population challenge is compelling and ought to be
considered even though the relevant governmental unit lacks a
``sufficiently meritorious reason'' for missing the deadline. The
Bureau believes that removing the ``sufficiently meritorious reason''
language from Sec. 90.6(b) will better account for such instances
without creating any meaningful concerns, considering the language is
already quite opaque and malleable.
Section 90.8(a) expressly restricts the kinds of evidence that
challengers may submit, requiring that it be consistent with the
criteria, standards, and regular processes employed by the Bureau and
not developed from any other methods. 15 CFR 90.8(a). It then also
states that ``[t]he Census Bureau will only accept a challenge when the
evidence provided indicates the use of incorrect data, processes, or
calculations in the estimates.'' Upon review, the Bureau has determined
that this final sentence is unnecessary, given the preceding language,
and potentially unduly restrictive. Removing the final sentence of
Sec. 90.8(a) is consistent with the Department's broader effort to
streamline its regulations and reduce regulatory complexity.
The Bureau believes that these two amendments strike a more
appropriate balance of interests and will better facilitate challenges
to the Bureau's population estimates at an acceptable cost to the
Bureau.
In sum, the Bureau is amending Sec. Sec. 90.3, 90.4, 90.5, 90.6,
90.7, 90.8, and 90.9 as described above to streamline and improve the
regulations governing Population Estimates Challenge Program.
III. Regulatory Classifications
A. Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b)(B), the Department of Commerce
(Department) finds good cause to waive the prior notice and opportunity
for public participation requirements of the Administrative Procedure
Act for this final rule. The Department considers this rule to be
uncontroversial, and has determined that prior notice and opportunity
for public participation is unnecessary, because this rule only (1)
adds some missing, clarifying language; (2) eliminates inconsequential
regulatory language; and (3) removes two, statutorily-unnecessary
regulatory restrictions imposed on requests to challenge the Bureau's
annual population estimates. The appropriateness of these amendments
and removals pursuant to the Department's broader deregulatory effort
would not be affected by public comment, as they enhance clarity and
reduce unnecessary regulatory complexity and obstacles for the public;
they do not impair or otherwise negatively affect stakeholders' rights
under part 90. For the same reasons, the Department has determined that
delaying the effectiveness of these amendments would be contrary to the
public interest. The regulatory language being amended or removed by
this rule unnecessarily poses some risk of confusion and inefficiency;
its removal
[[Page 2855]]
will immediately benefit the public at little to no cost. The
Department therefore finds good cause to waive the public notice and
comment period under 553(b)(B) and to waive the 30-day delay in
effectiveness under 553(d).
B. Executive Orders 12866, 14192, 13132
The Office of Management and Budget has determined this rule is not
significant pursuant to Executive Order (E.O.) 12866. This rule is an
E.O. 14192 deregulatory action. This rule does not contain policies
having federalism implications as the term is defined in E.O. 13132.
C. Regulatory Flexibility Act
Because a notice of proposed rulemaking and an opportunity for
public participation are not required to be given for this rule by 5
U.S.C. 553(b)(B), 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.
D. Paperwork Reduction Act
This rule will not impose additional reporting or recordkeeping
requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501
et seq.
List of Subjects for 15 CFR Part 90
Administrative practice and procedure, Census data, Reporting and
recordkeeping requirements, State and local governments, Statistics.
Dated: January 20, 2026.
George Cook,
Chief of Staff to the Under Secretary for Economic Affairs performing
the non-exclusive functions and duties of the Director of the Census
Bureau.
For the reasons set forth in the preamble, the Census Bureau amends
15 CFR part 90 to read as follows:
PART 90--PROCEDURE FOR CHALLENGING POPULATION ESTIMATES
0
1. The authority citation for part 90 continues to read as follows:
Authority: 13 U.S.C. 4 and 181.
0
2. Revise Sec. 90.3(g) to read as follows:
Sec. 90.3 Definitions.
* * * * *
(g) An eligible governmental unit, for the purposes of this
program, also includes the District of Columbia and non-functioning
counties or statistical equivalents represented by a Federal-State
Cooperative for Population Estimates (FSCPE) member agency.
Sec. 90.4 [Removed and Reserved]
0
3. Remove and reserve Sec. 90.4.
0
4. Revise the section heading of Sec. 90.5 to read as follows:
Sec. 90.5 Who may file a request for a challenge.
* * * * *
0
5. In Sec. 90.6 revise the section heading and paragraph (b) to read
as follows:
Sec. 90.6 When a request for a challenge may be filed.
* * * * *
(b) The Census Bureau has the discretion to accept late requests.
0
6. Revise the section heading of Sec. 90.7 to read as follows:
Sec. 90.7 Where to file a request for a challenge.
* * * * *
0
7. Revise Sec. 90.8(a) to read as follows:
Sec. 90.8 Evidence required.
(a) The governmental unit shall provide whatever evidence it has
relevant to the request at the time of filing. The Census Bureau may
request further evidence when necessary. The evidence submitted must be
consistent with the criteria, standards, and regular processes the
Census Bureau employs to generate the population estimate. Currently,
the Census Bureau challenge process cannot accept estimates developed
from methods different from those used by the Census Bureau.
* * * * *
0
8. Revise Sec. 90.9 to read as follows:
Sec. 90.9 Review of a request for a challenge.
The Chief, Population Division, Census Bureau, or the Chief's
designee shall review the evidence provided with the request for the
population estimate challenge, shall work with the governmental unit to
verify the data provided by the governmental unit, and evaluate the
data to resolve the issues raised by the governmental unit. Thereafter,
the Census Bureau shall respond in writing with a decision to accept or
deny the challenge. In the event the Census Bureau finds that the
population estimate should be updated, it will also post the revised
estimate on the Census Bureau's website (www.census.gov).
[FR Doc. 2026-01239 Filed 1-22-26; 8:45 am]
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