Rule2026-01241
Removing Obsolete Regulations Governing the Cutoff Dates for Recognition of Boundary Changes for the 2010 Census
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
January 23, 2026
Effective
January 23, 2026
Issuing agencies
Commerce DepartmentCensus Bureau
Abstract
By this final rule, the Census Bureau is removing its regulations governing the cutoff dates for the recognition of boundary changes for the 2010 Census. This action is necessary because the regulations pertain exclusively to the 2010 Decennial Census and are therefore obsolete, serving no current administrative or public purpose. The intended effect is to streamline the Code of Federal Regulations and reduce potential confusion for the public by removing outdated provisions.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 15 (Friday, January 23, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 15 (Friday, January 23, 2026)]
[Rules and Regulations]
[Pages 2850-2851]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01241]
[[Page 2850]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Census Bureau
15 CFR Part 70
[Docket No: 251205-0180]
RIN 0607-AA66
Removing Obsolete Regulations Governing the Cutoff Dates for
Recognition of Boundary Changes for the 2010 Census
AGENCY: Census Bureau, Department of Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: By this final rule, the Census Bureau is removing its
regulations governing the cutoff dates for the recognition of boundary
changes for the 2010 Census. This action is necessary because the
regulations pertain exclusively to the 2010 Decennial Census and are
therefore obsolete, serving no current administrative or public
purpose. The intended effect is to streamline the Code of Federal
Regulations and reduce potential confusion for the public by removing
outdated provisions.
DATES: The final rule is effective January 23, 2026.
FOR FURTHER INFORMATION CONTACT: Michael Snow, Supervisory Program
Analyst, Decennial Program Management Office, Decennial Management
Division. Telephone: 301-763-9912. You may also email your questions to
<a href="/cdn-cgi/l/email-protection#afcbccc2cb81dfddceefcccac1dcdadc81c8c0d9"><span class="__cf_email__" data-cfemail="3155525c551f4143507152545f4244421f565e47">[email protected]</span></a>. If you are deaf, hard of hearing, or have a speech
disability and wish to access telecommunications relay services, please
dial 7-1-1.
SUPPLEMENTARY INFORMATION:
Background
The Census Bureau (Bureau) is removing its regulations at 15 CFR
part 70 governing the cutoff dates for the recognition of boundary
changes for the 2010 Census. This action is necessary, as the
regulations pertain exclusively to the 2010 Decennial Census and are
therefore obsolete and serve no current administrative or public
purpose. The intended effect is to streamline the Code of Federal
Regulations and reduce potential confusion for the public by removing
outdated provisions.
The regulations in 15 CFR part 70 were first established in a final
rule published on July 8, 1986 (51 FR 24653), to govern the 1990
Decennial Census. Citing the authority under 13 U.S.C. 4, as delegated
by the Secretary of Commerce, the Bureau created this framework to
provide a clear and consistent process for data collection and
tabulation. The rule was designed to address the operational need for a
stable geographic framework during the enumeration period by
establishing firm cutoff dates after which boundary changes would not
be recognized for that census cycle. The rule was subsequently amended
through technical amendments for each following decennial census. A
final rule published on March 3, 1998 (63 FR 10303) updated the
relevant dates for the 2000 Census, and a final rule on August 11, 2008
(73 FR 46553) updated the dates and references for the 2010 Census,
which is the most recent version of the regulation.
The regulations at 15 CFR part 70 being eliminated in this action
define the operational framework for this process. Section 70.1
establishes the principal cutoff dates, requiring that for the 2010
Census, the Bureau will recognize only boundaries that are legally in
effect on January 1, 2010, and that have been officially reported to
the Bureau by March 1 of that same year. This ensured that census
enumeration and data tabulation are based on a fixed and universally
applied set of municipal, county, and state boundaries. Section 70.2
defines the key terms ``municipality'' and ``county subdivision'' for
census purposes, clarifying that they include areas such as cities,
villages, townships, and magisterial districts, and references a more
complete description in the ``Census 2000 Geographic Terms and
Concepts'' publication. Finally, Sec. 70.3 outlines the effect of
failing to meet the established deadlines. It specifies that any
boundary changes that become effective after the January 1 cutoff, or
that are not reported by the March 1 deadline, will not be recognized
in the data tabulations for the 2010 Census. For enumeration purposes,
residents of an area that was legally transferred to another
jurisdiction after the cutoff date would be counted as residents of the
area in which they resided on January 1, 2010.
Following a review of these regulations, the Bureau has determined
that they are outdated and no longer necessary.
Revisions to the Code of Federal Regulations
This rule removes Sec. Sec. 70.1, 70.2, and 70.3, which constitute
15 CFR part 70 in its entirety. These sections collectively established
the operational framework for recognizing governmental boundary changes
for the 2010 Census. Specifically, Sec. 70.1 set the cutoff dates for
boundary recognition, Sec. 70.2 provided definitions for
``municipality'' and ``county subdivision'' for the purposes of that
census, and Sec. 70.3 detailed the consequences for boundary changes
that occurred or were reported after the established deadlines. The
Bureau has determined that these regulations, which pertain exclusively
to the 2010 Decennial Census, are obsolete and no longer necessary. As
such, these regulations have no future applicability and serve no
current administrative or public purpose. Retaining these defunct rules
in the Code of Federal Regulations creates unnecessary clutter, which
can lead to confusion for state and local government officials,
researchers, and the public who may be seeking information on current
census procedures. Their removal is a common-sense administrative
action that improves the clarity and utility of the Code of Federal
Regulations without affecting any current rights or obligations.
This action is part of the Bureau's ongoing commitment to
regulatory reform and good governance, ensuring that the Code of
Federal Regulations remains current, clear, and free of outdated or
redundant provisions. By eliminating this part, the Bureau reduces
confusion for the public and governmental entities and streamlines the
existing body of regulations and promotes efficiency by ensuring that
stakeholders are not required to review and assess inapplicable
regulations when determining current requirements.
Furthermore, the Department has determined that these regulations
are not statutorily required. The authorizing statute cited for this
part, 13 U.S.C. 4, provides the Secretary of Commerce with a general
grant of authority to promulgate regulations necessary to carry out the
duties of the Department. It does not, however, contain a specific
mandate requiring the promulgation or retention of regulations
governing census boundary cutoff dates. The establishment of such dates
is an operational necessity for conducting a census, but the decision
to codify the specific dates for a past census is a matter of
administrative discretion. Because these regulations are time-limited
and their statutory basis is discretionary, the Bureau has the
authority, as delegated by the Secretary of Commerce, to remove the
regulations from the Code of Federal Regulations to maintain a relevant
and efficient regulatory framework.
[[Page 2851]]
Classification
A. Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b)(B), the Bureau finds good cause to
waive the prior notice and opportunity for public participation
requirements of the Administrative Procedure Act for this final rule.
The Bureau has determined that prior notice and opportunity for public
participation is unnecessary because the sole change being made by this
rule is the removal of the regulations at 15 CFR part 70, which are
indisputably obsolete and also impose some burden on the public. The
public would be tasked with determining whether the regulations have
any continuing effect unless they are removed from the Code of Federal
Regulations. These regulations pertain exclusively to the 2010 Census,
which is neither in progress nor in effect, and thus no longer serve
any purpose. Their continued presence in the Code of Federal
Regulations would suggest some significance and effect, and thereby
potentially: (1) confuse members of the public regarding the rules
governing current and/or future Census activities, which can be matters
of great public concern; and (2) distract from or minimize other Census
regulations that actually do continue to possess significance. The
obsolete nature of these regulations--and their potential for creating
confusion among the public regarding Census activities moving forward--
will not be cured by any public comment, as those regulations will
continue to only apply to the completed 2010 Census and no future
censuses. Because public participation is unnecessary and cannot cure
the concerns that the continued presence of 15 CFR part 70 would raise,
there exists good cause under Sec. 553(b)(B) to waive the requirement
for notice and comment procedures.
For similar reasons, the Bureau has additionally determined that
there is good cause to waive the requirement for a 30-day delay in the
effective date for this final rule under Sec. 553(d). The immediate
removal of 15 CFR part 70 will minimize the risk of public confusion
regarding the rules governing current and the Bureau's future
activities, as well as the risk of distracting from its regulations
currently in effect. There are no requirements for members of the
public to take action in order to comply with the revised regulations.
There are likewise no costs for the public to bear that are associated
with this final rule taking effect, as the rule exclusively removes
obsolete regulations. Therefore, the Bureau finds good cause to waive
the 30-day delay in effectiveness requirement under Sec. 553(d).
B. Executive Orders 12866, 14192, 13132
The Office of Management and Budget has determined this rule is not
a significant regulatory action under 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 in 15 CFR Part 70
Administrative practice and procedure, Census data, Reporting and
recordkeeping requirements, State and local governments.
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.
PART 70--[REMOVED AND RESERVED]
0
For the reasons set forth in the preamble and under the authority of 13
U.S.C. 4 and 5 U.S.C. 301, the Census Bureau removes and reserves 15
CFR part 70.
[FR Doc. 2026-01241 Filed 1-22-26; 8:45 am]
BILLING CODE 3510-07-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 23, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.