[Federal Register: December 4, 2002 (Volume 67, Number 233)]
[Rules and Regulations]
[Page 72095-72097]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04de02-3]
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DEPARTMENT OF COMMERCE
Bureau of the Census
15 CFR Part 50
[Docket No. 020919216-2287-02]
RIN 0607-AA37
Bureau of the Census Geographically Updated Population
Certification Program
AGENCY: Bureau of the Census, Department of Commerce.
ACTION: Notice of final rulemaking.
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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. The Census Bureau developed this rule to
reinstate the service through a centralized system for certifying
population and housing counts and to establish a fee structure that
accurately reflects the costs associated with this certification
service. 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. The Census Bureau earlier issued a notice of proposed
rulemaking and request for comments in the Federal Register on this
subject (67 FR 62657; October 8, 2002).
EFFECTIVE DATE: January 3, 2003.
FOR FURTHER INFORMATION CONTACT: Rodger V. Johnson, 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
rodger.v.johnson@census.gov).
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 Pub. L. 92-152. At that 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.
[[Page 72096]]
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, 1998). At that 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. In
2002, resumption of the program was announced as a proposed rulemaking
(see Federal Register, 67 FR 62657; October 8, 2002) with a comment
period running through November 7, 2002. No comments were received
during this period.
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 is reinstating a fee-based program that will use
current geographic and demographic programs to support customer
requests. The final 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 amended Title 15, Code of Federal Regulations (CFR), Part
50 to:
[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 Certification.'' (See the Census Bureau's Web site,
www.census.gov/mso/www/certification.)
Administrative Procedure and Regulatory Flexibility Act
A notice of final rulemaking is not required by Title 5, U.S.C.,
section 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.(b)(A) and 5 U.S.C. 553(a)(2). 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 was published in the Federal Register as a proposed
rule on October 8, 2002 (67 FR 62657), 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 is revised to read as
follows:
Authority: 15 U.S.C. 1525-1527; and 13 U.S.C. 3 and 8.
2. Add Sec. 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
counts to reflect updates to the legal boundaries of governmental units
after those in effect for Census 2000. This service will be a permanent
[[Page 72097]]
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 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 report 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 service 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 service
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 service 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. Submit requests for
certifications 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, MSO.certify@census.gov. 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: November 27, 2002.
Charles Louis Kincannon,
Director, Bureau of the Census.
[FR Doc. 02-30741 Filed 12-3-02; 8:45 am]
BILLING CODE 3510-07-P