Rule2022-25413
Resumption of the Population Estimates Challenge Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 22, 2022
Effective
November 22, 2022
Issuing agencies
Commerce DepartmentCensus Bureau
Abstract
The Bureau of the Census (Census Bureau) is resuming the 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.
Full Text
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<title>Federal Register, Volume 87 Issue 224 (Tuesday, November 22, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
[[Page 71241]]
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
<a href="/cdn-cgi/l/email-protection#d0809f80fe93b8b1bcbcb5beb7b590b3b5bea3a5a3feb7bfa6"><span class="__cf_email__" data-cfemail="1747584739547f767b7b727970725774727964626439707861">[email protected]</span></a>.
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). <a href="https://www.federalregister.gov/d/2012-31598">https://www.federalregister.gov/d/2012-31598</a>.
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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\ <a href="https://www.census.gov/programs-surveys/decennial-census/decade/2020/planning-management/operational-adjustments.html">https://www.census.gov/programs-surveys/decennial-census/decade/2020/planning-management/operational-adjustments.html</a>.
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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\ <a href="https://www.census.gov/programs-surveys/popest/about/challenge-program.html">https://www.census.gov/programs-surveys/popest/about/challenge-program.html</a>.
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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.
[[Page 71242]]
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
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