Office of Information and Regulatory Affairs; Procedures for Participating in the Appeals Process for the 2010 Decennial Census Local Update of Census Addresses (LUCA) Program, 14696-14701 [E9-7176]

Download as PDF 14696 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Notices OFFICE OF MANAGEMENT AND BUDGET DEPARTMENT OF COMMERCE Bureau of the Census [Docket No.: 090302265–9268–01] Office of Information and Regulatory Affairs; Procedures for Participating in the Appeals Process for the 2010 Decennial Census Local Update of Census Addresses (LUCA) Program tjames on PRODPC61 with NOTICES2 AGENCIES: Office of Information and Regulatory Affairs, Office of Management and Budget; and Bureau of the Census, Department of Commerce. ACTION: Notice and request for comments. SUMMARY: As part of implementing the Census Address List Improvement Act of 1994, the Office of Management and Budget (OMB) and the Bureau of the Census (Census Bureau) request public comment on the Appeals Process whereby Tribal, State, and local governments participating in the 2010 Decennial Census Local Update of Census Addresses (LUCA) Program may appeal determinations made by the Census Bureau with respect to their suggested changes to the 2010 Census Address List. For information purposes, this notice also describes the LUCA Feedback materials that the Census Bureau will provide to participating governments and how those governments can use the materials as the basis for an appeal. Electronic Availability: This notice is available on the Internet from the OMB Web site at http://www.whitehouse.gov/ omb/fedreg_default/. DATES: To ensure consideration during the decision-making process, OMB must receive all comments in writing on or before April 30, 2009. ADDRESSES: Comments concerning the proposed appeals procedure may be submitted though one of the following methods: • Fax: Comments may be faxed to Katherine K. Wallman, Chief Statistician, Office of Management and Budget, fax number (202) 395–7245. • E-mail: Comments may be sent to 2010AppealsProcess@omb.eop.gov, with the subject 2010 Appeals Process. • Federal eRulemaking Portal: http:// www.Regulations.gov. Simply type ‘‘LUCA Program’’ (in quotes) in the Comment or Submission search box, click Go, and follow the instructions for submitting comments. Correspondence about the 2010 Census LUCA Program in general VerDate Nov<24>2008 14:38 Mar 30, 2009 Jkt 217001 should be sent to Arnold A. Jackson, Associate Director for Decennial Census, U.S. Census Bureau, Washington, DC 20233, telephone (301) 763–8626, fax number (301) 763–8867, e-mail Arnold.A.Jackson@census.gov. Because of delays in the receipt of regular mail due to security screening, you are encouraged to use electronic communications to transmit your comments in order to ensure timely receipt. All comments with the subject of ‘‘2010 Appeals Process’’ received by the date specified above will be included as part of the official record, and made available to the public on http://www.Regulations.gov and on OMB’s Web site. For this reason, please do not include in your comments any information of a confidential nature, such as sensitive personal information or proprietary information. FOR FURTHER INFORMATION CONTACT: For information about the proposed Appeals Process, contact Suzann Evinger, Office of Management and Budget, 10201 New Executive Office Building, Washington, DC 20503, telephone (202) 395–7315; fax number (202) 395–7245. For information about the Census Bureau’s 2010 Census LUCA Program, contact Timothy F. Trainor, Chief, Geography Division, U.S. Census Bureau, Washington, DC 20233–7400, telephone (301) 763–2131; fax (301) 763–4710. SUPPLEMENTARY INFORMATION: The Office of Management and Budget (OMB), in consultation with the Bureau of the Census (Census Bureau), publishes this notice to seek comments on the proposed procedures for the 2010 Decennial Census Local Update of Census Addresses (LUCA) Appeals Process. The Appeals Process allows Tribal, State, and local governments participating in the 2010 Decennial Census Local Update of Census Addresses (LUCA) Program to appeal determinations made by the Census Bureau with respect to their suggested changes to the 2010 Census Address List. The Census Address List Improvement Act of 1994 The Census Address List Improvement Act of 1994 (Pub. L. 103– 430, 108 Stat 4393 (1994)) mandates the establishment of a program to be used by the Census Bureau for developing the decennial census address list and address lists for other censuses and surveys conducted by the Bureau. The Act’s provisions direct the Secretary of Commerce to: (1) Publish standards defining the content and structure of address information that Tribal, State, and local governments may submit to be PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 used for developing a national address list; (2) develop and publish a timetable for the Census Bureau to receive, review, and respond to submissions; and (3) provide a response to the submissions regarding the Census Bureau’s determination for each address. The Act provides further that OMB’s Administrator of the Office of Information and Regulatory Affairs, acting through the Chief Statistician and in consultation with the Census Bureau, shall develop a process for Tribal, State, and local governments to appeal determinations of the Census Bureau. The Act also directs the U.S. Postal Service to provide the Secretary of Commerce with address information, as appropriate, for use by the Census Bureau. The Act authorizes the Census Bureau to provide designated officials of Tribal, State, and local governments with access to census addresses information. Prior to the 2000 Census, the Census Bureau was limited to providing block summary totals of addresses to Tribal and local governments. The 2000 Census marked the first decennial census where Tribal and local governments were able to review the census address list. The OMB Office of Information and Regulatory Affairs Administrator’s Proposed 2010 LUCA Appeals Process To ensure that Tribal, State, and local governments participating in the2010 Decennial Census LUCA Program have a means to appeal the Census Bureau’s determinations, the Census Address List Improvement Act of 1994 requires that the Administrator of OMB’s Office of Information and Regulatory Affairs, acting through the Chief Statistician and in consultation with the Census Bureau, develop an appeals process to resolve any disagreements that may remain after participating governments receive the Census Bureau’s LUCA Feedback materials. This section describes the proposed procedures for that Appeals Process on which comments are now being sought. For reference purposes only, the section below entitled ‘‘The Census Bureau’s 2010 Decennial Census LUCA Program’’ describes the alreadycompleted phase of the program. Also for reference purposes only, the Appeals Process that was used for the 2000 Census is described in the Federal Register notice published on June 30, 1999 (64 FR 35548). A. Overview of the Appeals Process Governmental jurisdictions that participated in LUCA Option 1 or LUCA Option 2 and completed a review of 2010 Census LUCA materials may file E:\FR\FM\31MRN2.SGM 31MRN2 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Notices an Appeal if they meet the eligibility criteria. Jurisdictions that participated in LUCA Option 3 are not eligible to appeal. Appeals must be filed within 30 calendar days from the date the participant receives its LUCA Feedback materials. Appeals filed after the deadline will be denied as untimely. When filing an appeal, eligible participants must include supporting documentation that substantiates the existence and location of each appealed address. Eligible participants may file an Appeal with the 2010 Decennial Census LUCA Appeals Staff, a temporary Federal entity set up to administer the Appeals Process, and must also submit a duplicate copy of the Appeal to the Census Bureau’s Regional Census Center responsible for that governmental jurisdiction. After notification by the Appeals Staff that an eligible participant has appealed, the Census Bureau will have 15 calendar days to respond to the Appeal. Appeal decisions will be based solely on a review of written documentation provided to the Appeals Staff by the eligible government and the Census Bureau. The decision of the Appeals Staff will be final. The Appeals Staff is scheduled to conclude its review of appeal submissions by March 31, 2010. Specific eligibility criteria and detailed requirements for Appeal submissions are provided below. tjames on PRODPC61 with NOTICES2 B. Appeal Procedures for Option 1— Title 13 Full Address List Review LUCA Program Participants 1. Eligibility Criteria for Filing an Appeal Option 1 participating governments are eligible to file an appeal if they (1) returned additions to or corrections of the 2010 Decennial Census Address List, or (2) challenged the count of addresses in one or more census blocks on the 2010 Decennial Census Address Count List after their LUCA review, or (3) certified to the Census Bureau after their LUCA review that the 2010 Decennial Census Address List was correct and required no update. Eligible Option 1 participating governments may appeal (1) address additions and corrections they provided after their initial review of the 2010 Census Address List that the Census Bureau did not accept, (2) addresses they believe are still missing from blocks whose address count they challenged during their LUCA review of the Address Count List, and (3) addresses that were deleted from the 2010 Decennial Census Address List by the Census Bureau during the Address Canvassing Operation that were not VerDate Nov<24>2008 14:38 Mar 30, 2009 Jkt 217001 commented on by participants during their initial LUCA review. When filing an Appeal, eligible LUCA Program participants must provide (1) contact information for the governmental jurisdiction filing the Appeal, (2) address information for each address being appealed, and (3) supporting documentation that substantiates the existence and/or location of each address being appealed as specified below. 2. Contact Information Eligible participants must provide the following contact information for the governmental jurisdiction filing the Appeal: a. Name of the governmental jurisdiction, and b. Name, mailing address, telephone number, fax number, and electronic mail address (if any) of that jurisdiction’s contact person for the Appeal. 3. Address Information a. Eligible participants must provide the following six items of information to appeal the Census Bureau’s rejection of the submission of a new address to be added to, or a correction to an existing address on, the Census Address List (as evidenced by the Census Bureau’s final determination code for that address on the Detailed Feedback Address List), or to appeal the Census Bureau’s deletion of an address during the Address Canvassing Operation that was not previously commented on by the participant during its initial LUCA review (as indicated for that address on the Detailed Feedback Address List): (1) Complete address (including the house number, unit designator if applicable, street name, street direction, street type, post office name, and ZIP Code) or if there is no address a location description of the housing unit or other living quarters. (2) Control ID number. (3) Census Tract number. (4) Census Block number. (5) Participant submitted action code. (6) Census Bureau’s Processing Code. Eligible participants must provide information for each appealed address on a computer-readable form or on paper. Technical requirements for the format of address information will be included with the feedback materials the participant receives from the Census Bureau. b. To appeal the omission of addresses the eligible participant believes are still missing from blocks whose address counts the participant PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 14697 challenged previously during its initial LUCA review (as evidenced by the revised address counts for those blocks on the Detailed Feedback Address Count Challenge List), provide the following items of information for each missing address: (1) Complete address (including the house number, unit designator if applicable, street name, street direction, street type, post office name, and ZIP Code) or if there is no address a location description of the housing unit or other living quarters. (2) Census Tract number from the map or shapefile. (3) Census Block number from the map or shapefile. 4. Supporting Documentation Eligible participants must provide supporting documentation for each appealed address as specified below in section E, ‘‘Supporting Documentation an Eligible Government Must File with an Appeal.’’ C. Appeal Procedures for Option 2— Title 13 Local Address List Submission LUCA Program Participants 1. Eligibility Criteria for Filing an Appeal Option 2 participants are eligible to file an appeal if they: (1) Returned their local city-style address list, or (2) certified to the Census Bureau after their LUCA review that the 2010 Census Address List was correct and required no update. Option 2 participants may appeal: (1) The Census Bureau’s rejection of the existence or location of an address they submitted for inclusion in the 2010 Census Address List (as evidenced for that address by the Census Bureau’s processing code Detailed Feedback List) and (2) the Census Bureau’s deletion of an address from the 2010 Census Address List during the Address Canvassing Operation (as indicated for that address on the Detailed Feedback Address List). When filing an Appeal, jurisdictions must provide: (1) Contact information for the jurisdiction, (2) address information for each address being appealed, and (3) supporting documentation that substantiates the existence and/or location of each address being appealed as specified below. 2. Contact Information Eligible participants must provide the following contact information for the governmental jurisdiction filing the Appeal: a. Name of the eligible jurisdiction, and E:\FR\FM\31MRN2.SGM 31MRN2 14698 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Notices Census Bureau’s LUCA Feedback materials. 3. For each address (or group of addresses), supporting documentary evidence, including a reference to the exact location on the supporting 3. Address Information documentation where the Appeals Staff Eligible participants must provide the can find specific evidence, supporting the eligible government’s position with following information for each address respect to the existence or correctness of that is being appealed. Address that address. Useful types of supporting information may be submitted in evidence include: computer-readable form or on paper. a. Documentation of on-site Technical requirements for the format of inspection and/or interview of residents address information will be included and/or neighbors. with the feedback materials the b. Issuance of recent occupancy participant receives from the Census permit for unit. (Building permits are Bureau. not acceptable, as they do not ensure a. Complete address (including the that the units have been built and/or are house number, unit designator if applicable, street name, street direction, occupied.) c. Provision of utilities (electricity, street type, and ZIP Code) or a location gas, sewer, water, telephone, etc.) to the description of the housing unit or other residence. The utility record should living quarters. show that this is not a service to a b. Control ID number. c. Census Tract number from the map commercial unit, or an additional service to an existing residence (such as or shapefile. d. Census Block number from the map a second telephone line). d. Provision of other governmental or shapefile. services (housing assistance, welfare, e. Census Bureau’s Processing Code. etc.) to residents of the unit. 4. Supporting Documentation e. Photography, including aerial photography. Eligible participants must provide f. Land use maps. supporting documentation for each g. Local 911 emergency lists, if they appealed address as specified below in distinguish residential from commercial section E, ‘‘Supporting Documentation units. an Eligible Government Must File with h. Tax assessment records, if they an Appeal.’’ distinguish residential from commercial units. D. Appeal Procedures for Option 3— 4. Evidence that demonstrates the Non-Title 13 Local Address List quality of address or map reference Submission LUCA Participants sources provided as supporting Option 3 participants are not eligible evidence such as: to file an Appeal because these a. Date of the address source. participants do not receive the detailed b. How often the address source is address level feedback materials updated. required as the basis for an appeal. c. Methods used to update the source. d. Quality assurance procedure(s) E. Supporting Documentation That Must used in maintaining the address source. be Filed With an Appeal e. How the address source is used by The appeals decisions will be based the eligible government and/or by the solely on a review of written originator of the source. documentation provided by the eligible All Appeal documentation must be participating government and the filed with the Appeals Staff within 30 Census Bureau. Eligible participating calendar days after the eligible governments must submit the following participating government’s receipt of its supporting documentation with their LUCA Feedback materials. At the same Appeals: time it files its Appeal, the eligible 1. A written explanation that gives the government must send a duplicate copy eligible participating government’s of its Appeal, including all supporting specific recommendations for how each documentation, to the Census Bureau’s address and location being appealed Regional Census Center responsible for should appear on the 2010 Decennial that jurisdiction. The eligible Census Address List. jurisdiction may not submit any 2. A written statement that outlines materials to the Appeals Staff after the the eligible participating government’s 30-day period has elapsed. position for why the Appeals Staff should adopt its recommendations. The F. Deadline To File Appeals Appeals must be filed by the eligible statement must specifically respond to participating government within 30 the explanation that accompanied the tjames on PRODPC61 with NOTICES2 b. Name, mailing address, telephone number, fax number, and electronic mail address (if any) of that jurisdiction’s contact person for the Appeal. VerDate Nov<24>2008 14:38 Mar 30, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 calendar days after that government’s receipt of the LUCA Feedback materials. ‘‘Receipt’’ as used herein is defined as the delivery date reported to the Census Bureau by the delivery service that transmits the feedback materials to the eligible participating government. In order to safeguard the confidential address materials covered by Title 13, the transmitting of an Appeal to the 2010 Decennial Census LUCA Appeals Staff must adhere to the Census Bureau’s specific guidelines for shipping materials. The guidelines will be supplied with the feedback materials. The guidelines specifically prohibit the use of e-mail or fax as secure modes of transmitting confidential materials. The eligible participating government should transmit its appeal materials to the Appeals Staff via regular or Express Mail or overnight delivery service, and must keep a record of the date it transmits these materials. The ‘‘filing date’’ for the Appeals shall be the date the Appeal is postmarked or the date it is shipped by the delivery service. All Appeals filed after the deadline will be denied as untimely. G. Where To File an Appeal Appeals must be sent to the 2010 Decennial Census LUCA Appeals Staff, the address for which will be supplied with the feedback materials. At the same time, a duplicate copy of all Appeal documentation must be sent to the Census Bureau’s Regional Census Center responsible for the jurisdiction. Upon receipt of an Appeal, the LUCA Appeals Staff will send a confirmation to the eligible jurisdiction that its Appeal has been received. The Appeals Staff also will notify the Census Bureau that the Appeal has been filed. H. Documentation and Supporting Evidence That May Be Submitted by the Census Bureau During the Appeals Process The Census Bureau is not required to respond to the Appeal or to provide any materials in support of its determination. Upon receipt of notification that an Appeal has been filed, the Census Bureau will have 15 calendar days in which it may (if the Census Bureau so chooses): 1. Submit to the LUCA Appeals Staff written documentation briefly summarizing its position, as well as any supporting evidence concerning the appealed addresses, or 2. Submit to the Appeals Staff a written statement agreeing to the recommendation(s) in the Appeal. If the Census Bureau submits any written documentation to the Appeals E:\FR\FM\31MRN2.SGM 31MRN2 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Notices tjames on PRODPC61 with NOTICES2 Staff to support its position, the Census Bureau at the same time must send a copy of its submission to the eligible participating government. The Census Bureau may not submit any materials to the Appeals Staff after the 15-day period has elapsed. I. The Appeals Review and Final Decision Process The Appeals Process will be administered by the 2010 Decennial Census LUCA Appeals Staff, a temporary Federal entity. The Appeals Staff will include Appeals Officers, who are trained in the procedures for processing an Appeal and in the examination and analysis of address list information, locations of addresses and housing units, and supporting materials. For each Appeal, an Appeals Officer will review the Census Bureau’s feedback materials and the written documentation and supporting evidence submitted by the eligible government and the Census Bureau. No testimony or oral argument will be received by the Appeals Officer. Appeals Officers will apply the following principles in conducting their review: 1. The Appeals Officer shall consider the quality of the map or address reference source as the basis for determining the validity of an address (or group of addresses) and its (their) location(s). 2. For any address for which the Appeals Officer determines that the quality of the supporting evidence submitted by both parties is of equal weight, the Appeals Officer shall decide in favor of the eligible government. At the conclusion of the review of an appealed address (or group of addresses), the Appeals Officer will prepare a draft written determination. The draft written determination will be reviewed by a higher-level official on the Appeals Staff. The Director of the Appeals Staff (or his or her designee) will then issue a final written determination to both the eligible government and the Census Bureau. The final written determination will include a brief explanation of the Appeals Staff’s decision, and will specify how the appealed address(es) or its (their) location(s) should appear on the 2010 Decennial Census Address List. Each final written determination shall become part of the administrative record of the Appeals Process. The Appeals Staff’s decision is final. The Census Bureau will include on the 2010 Decennial Census Address List used for subsequent census operations all addresses added to, or corrected in, the 2010 Census Address List as a result of the Appeals Process, and attempt to VerDate Nov<24>2008 14:38 Mar 30, 2009 Jkt 217001 locate and enumerate them. Inclusion of an address on the list does not mean that a living quarters with that address exists or that the address will be included in the final 2010 data summaries. The census-taking process will determine the inclusion status of the address—whether or not it is actually a housing unit—and the final population and housing unit status for each address. J. Completion of the Appeals Process Appeals reviews will be completed and written determinations issued to the concerned parties as soon as possible. The Census Address List Improvement Act of 1994 (Pub. L. 103–430, 108 Stat 4393 (1994)) requires that all appeals be resolved before the decennial census date (April 1, 2010). The Census Bureau’s 2010 Decennial Census LUCA Program The Census Bureau and OMB provide below a copy of the procedures for participation in the 2010 Decennial Census LUCA Program. Comments are not being accepted on the program provisions, which were offered for public comment previously. This information is being provided below for reference purposes only. Please see the notice published in the Federal Register on March 7, 2008 (73 FR 12369) for more information on the program. For the 2010 LUCA Program, participating governmental jurisdictions chose one of three participation options for reviewing the census address list and/or submitting their own local residential address information to the Census Bureau. In addition, they could opt to receive materials in paper or computer-readable formats, or use Census Bureau-supplied software to update their jurisdiction’s map features and address list. Jurisdictions with more than 6,000 addresses were required to participate using a computer-readable address list or the Census Bureausupplied software. All LUCA participants were required to ‘‘geocode’’ (i.e., identify for an individual address its correct geographic location including the correct state, county, census tract, and census block codes) each city-style address they added or submitted. The census tract and census block numbers are displayed on the Census Bureausupplied maps, digital shapefiles, and software tool. Additionally, all LUCA participants could make updates and corrections to the features and boundaries on the Census Bureausupplied maps or digital shapefiles. Described below are the three options that Tribal, State, and local governments PO 00000 Frm 00005 Fmt 4701 Sfmt 4703 14699 could have used to participate in the 2010 Decennial Census LUCA Program. Option 1—Title 13 Full Address List Review The Option 1 Full Address List Review option required that the participant sign a Confidentiality Agreement in accordance with Title 13, United States Code (U.S.C.) to maintain the confidentiality of the census address information they received from the Census Bureau for review. The Full Address List Review participants received the 2010 Decennial Census LUCA Address List, the 2010 Decennial Census LUCA Address Count List (providing a count of addresses within each census block), and census maps or digital shapefiles of their jurisdiction. Participants who selected this option were required to have the means to secure the census address list containing Title 13 information. Although the LUCA Address List contained both city-style (e.g., house number, street name, post office name, ZIP Code) and noncity-style (e.g., rural route/box number, post office box, general delivery, location description) addresses, participants could only add and/or provide updates to city-style addresses. In addition, Option 1 participants could challenge the address count for any census block on their LUCA Address Count List. If the entire governmental jurisdiction contained only noncity-style addresses, Option 1 was the only LUCA Program option the jurisdiction could choose. Participants with both city-style and noncity-style addresses could not provide updates for individual addresses on the LUCA Address List and challenge the count of addresses on the LUCA Address Count List within the same census block. Option 2—Title 13 Local Address List Submission The Option 2 Title 13 Local Address List Submission option required that the participants sign a Confidentiality Agreement in accordance with Title 13, U.S.C., to maintain the confidentiality of the census address information they received from the Census Bureau. This was a new LUCA option for the 2010 Census intended for those participants who did not have the time or resources to update the 2010 Decennial Census LUCA Address List, but wished to submit their local residential address list for Census Bureau use. Participants who selected this option were required to have the means to secure the census address list containing Title 13 information. Although Option 2 participants received both the LUCA Address List E:\FR\FM\31MRN2.SGM 31MRN2 14700 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Notices containing residential city-style and noncity-style addresses and the LUCA Address Count List, these materials could only be used for reference purposes. Option 2 LUCA participants were required to submit their local citystyle address list in a Census Bureaudefined computer-readable format. The Census Bureau did not accept Option 2 LUCA participants’ local address lists in paper format and did not accept local address lists containing noncity-style addresses. Option 3—Non-Title 13 Local Address List Submission The Option 3 Non-Title 13 Local Address List Submission option was also a new LUCA option for the 2010 Census. Under Option 3, participants could choose not to receive and review the 2010 Decennial Census LUCA Address List for their jurisdiction, and not to be required to sign a Confidentiality Agreement. Instead, the participants received the 2010 Decennial Census LUCA Address Count List in computer-readable format for reference purposes only. Option 3 LUCA participants were required to submit their local city-style address list in a Census Bureau-defined computerreadable format. The Census Bureau did not accept Option 3 LUCA participants’ local address lists in paper format and did not accept local address lists containing noncity-style addresses. tjames on PRODPC61 with NOTICES2 The Census Bureau’s 2010 Decennial Census Address Canvassing Operation The Census Bureau will conduct a nationwide field check called the Address Canvassing Operation to verify the census address list, including the qualifying updates supplied by 2010 Census LUCA participants. The operation will begin in March of 2009. During this operation, Census Bureau field staff will add, delete, and correct entries on the Census Address List and make needed corrections to census maps. The Census Bureau’s feedback to LUCA Program participants, conveying the Census Bureau’s determinations on their submissions of additions and updates to census address information, will be based on the results of Address Canvassing. The 2010 Decennial Census LUCA Feedback Materials The Census Bureau will provide 2010 LUCA Feedback materials to qualifying governmental jurisdictions on a flow basis starting in October 2009, and ending in December 2009. The majority of LUCA Program participants will receive their feedback materials in the same media format that they requested VerDate Nov<24>2008 14:38 Mar 30, 2009 Jkt 217001 for the initial 2010 Census LUCA review materials. Although the initial LUCA review materials stated that the Census Bureau would provide structure coordinates (map spots) for the feedback phase of the program, the Census Bureau will not provide them for housing units collected during the 2009 Address Canvassing Operation due to schedule changes that have delayed the timing of coordinate processing. The Census Bureau will provide the LUCA Feedback materials after completing the following steps: (1) For jurisdictions that submitted address updates to the 2010 Decennial Census LUCA Address List or submitted their local address list, the Census Bureau will review and apply each correctly submitted participant address update to its address list, adding any new addresses not already on its list. (2) The Census Bureau will conduct the Address Canvassing Operation and in the course of doing so will verify the participant suggested address updates (additions, corrections, deletions, etc.). The Address Canvassing Operation will ensure that all address updates and additions exist and that they are in the correct census block. Potential group quarters (GQs) addresses are identified as ‘‘other living quarters’’ (OLQs) for the feedback phase of the LUCA Program. Addresses identified in the Address Canvassing operation as potentially being GQs are later classified as group quarters, housing units, or nonresidential during a separate Census Bureau operation, the Group Quarters Validation (GQV), scheduled for October 2009. Described below are the 2010 Census LUCA Feedback materials that LUCA Program participants will receive under each of the three participation options. LUCA Feedback for Option 1—Title 13 Full Address List Review Participants The Census Bureau will provide 2010 Census LUCA Feedback materials to Option 1 Tribal, State, or local governments that took any of the following actions: (1) Submitted updates (i.e., additions, corrections, deletions) to city-style addresses on the 2010 Census LUCA Address List. (2) Challenged the housing unit address count and/or group quarters address count for one or more census blocks on the 2010 Census LUCA Address Count List. (3) Updated the Census Bureau maps. (4) Certified to the Census Bureau at the end of their LUCA review that the 2010 Census LUCA Address List was correct and needed no update. PO 00000 Frm 00006 Fmt 4701 Sfmt 4703 The 2010 Census LUCA Feedback materials that the Census Bureau will provide to each Option 1 participating government will document which local address additions and updates the Census Bureau accepted or did not accept. The 2010 Census LUCA Feedback materials include: (1) A Full Address List that contains all of the residential addresses currently recorded in the Census Address List within the participant’s jurisdiction. This address list will reflect the results of the jurisdiction’s participation in the 2010 Census LUCA Program, the Address Canvassing Operation, and updates from other sources. (2) A Detailed Feedback Address List that shows each address record addition and update submitted by the participant and a processing code that identifies a specific action taken by the Census Bureau on that address record. The Detailed Feedback Address List will also identify addresses deleted in the Address Canvassing Operation. (3) A Full Address Count List that shows the current residential address counts, including those for housing units and other living quarters, for each census block within the participant’s jurisdiction. (4) A Detailed Feedback Address Count Challenge List that shows address counts only for those census blocks challenged by the participant. Note: On the Detailed Feedback Address List and the Detailed Feedback Address Count Challenge List, addresses will be reported only with 4-digit basic block numbers instead of any suffixed block numbers that may appear on the other feedback materials. These block numbers will not be suffixed. (5) A Feedback Address Update Summary Report that displays the tallies of actions taken by the Census Bureau for all of the address updates submitted by the participant. (6) Feedback maps may include feature updates provided by the participant and/or other updates found by the Census Bureau during the Address Canvassing Operation. Boundary updates from the 2009 Boundary and Annexation Survey submitted after March 1, 2009, may not be reflected. Note: The 4-digit block number on the Full Address List, Full Address Count List, and Feedback maps will be identical to those appearing on the initial LUCA review materials. However, the suffixes associated with the 4-digit basic block numbers may have no correlation to the suffixes on the initial review materials. E:\FR\FM\31MRN2.SGM 31MRN2 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Notices LUCA Feedback for Option 2—Title 13 Local Address List Submission Participants The Census Bureau will provide 2010 Census LUCA Feedback materials to Option 2 Tribal, State, or local governments that took any of the following actions: (1) Submitted their local city-style address list. (2) Updated the Census Bureau maps. (3) Certified to the Census Bureau at the end of their LUCA review that the 2010 Census Address List was correct and a local address list submission was not needed. The 2010 Census LUCA Feedback materials that the Census Bureau will provide to each Option 2 participating government will document which local address submissions the Census Bureau accepted or did not accept. The 2010 LUCA Feedback materials include: (1) A Full Address List that contains all of the residential addresses for those housing units and other living quarters currently recorded in the Census Address File within the participant’s jurisdiction. This address list will reflect the results of the jurisdiction’s participation in the 2010 Census LUCA Program, the Address Canvassing Operation, and other sources. (2) A Detailed Feedback Address List that shows each address record submitted by the participant and a processing code that identifies a specific action taken by the Census Bureau on that address record. The Detailed Feedback Address List will also identify addresses deleted in the Address Canvassing Operation. Note: On the Detailed Feedback Address List, addresses will be reported only with 4digit basic block numbers instead of any suffixed block numbers that may appear on the other feedback materials. These block numbers will not be suffixed. tjames on PRODPC61 with NOTICES2 (3) A Full Address Count List that shows the current residential address counts, including those for housing units and other living quarters, for each census block within the participant’s jurisdiction. VerDate Nov<24>2008 14:38 Mar 30, 2009 Jkt 217001 (4) A Feedback Address Update Summary Report that displays the tallies of actions taken by the Census Bureau for all of the addresses submitted by the participant. (5) Feedback Maps may include feature updates provided by the participant and/or other updates found by the Census Bureau during the Address Canvassing Operation. Boundary updates from the 2009 Boundary and Annexation Survey submitted after March 1, 2009, may not be reflected. Note: The 4-digit block number on the Full Address List, Full Address Count List, and Feedback maps will be identical to those appearing on the initial LUCA review materials. However, the suffixes associated with the 4-digit basic block numbers may have no correlation to the suffixes on the initial review materials. The 2010 LUCA Feedback for Option 2 participants does not include a Detailed Feedback Address Count Challenge List. 14701 Note: The 4-digit block number on the Feedback maps will be identical to those appearing on the initial LUCA review materials. However, the suffixes associated with the 4-digit basic block numbers may have no correlation to the suffixes on the initial review materials. The LUCA Feedback for Option 3 participants does not include a Full Address List, Detailed Feedback Address List, a Detailed Feedback Address Count Challenge List, or a Full Address Count List. Participants under all three options that submitted map updates only without certifying that their address lists were correct will only receive maps/shapefiles as feedback. Executive Order 12866 This notice has been determined to be not significant under Executive Order 12866. Paperwork Reduction Act Notwithstanding any other provision of law, no person is required to respond LUCA Feedback for Option 3—Non-Title to, nor shall a person be subject to a 13 Local Address List Submission penalty for failure to comply with, a Participants collection of information subject to the The Census Bureau will provide 2010 requirements of the Paperwork Census LUCA Feedback materials to Reduction Act (PRA) unless that Option 3 Tribal, State, or local collection of information displays a governments that took any of the current, valid Office of Management and following actions: Budget (OMB) control number. In (1) Submitted their local city-style accordance with the PRA, 44 U.S.C., address list. Chapter 35, the Census Bureau (2) Updated the Census Bureau maps. requested, and OMB granted its (3) Certified to the Census Bureau at clearance for, the information collection the end of their LUCA review that the requirements for this program on 2010 Census Address Count List was September 5, 2008, (OMB Control correct and a local address list Number 0607–0795, expires on March submission was not needed. 31, 2009). The Census Bureau’s request The 2010 Census LUCA Feedback for a generic clearance covering this materials that the Census Bureau will program until 2011 was sent to the OMB provide to each Option 3 participating on February 3, 2009. government include: Kevin F. Neyland, (1) Feedback Maps that may include Acting Administrator, Office of Information feature updates provided by the and Regulatory Affairs. participant and/or other updates found Thomas L. Mesenbourg, by the Census Bureau during the Acting Director, Bureau of the Census. Address Canvassing Operation. [FR Doc. E9–7176 Filed 3–30–09; 8:45 am] (2) A Feedback Address Summary Report. BILLING CODE 3510–07–P PO 00000 Frm 00007 Fmt 4701 Sfmt 4703 E:\FR\FM\31MRN2.SGM 31MRN2

Agencies

[Federal Register Volume 74, Number 60 (Tuesday, March 31, 2009)]
[Notices]
[Pages 14696-14701]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7176]



[[Page 14695]]

  
  
  
  
  
  
-----------------------------------------------------------------------


Part IV





Office of Management and Budget





-----------------------------------------------------------------------





Department of Commerce





-----------------------------------------------------------------------



Bureau of the Census



-----------------------------------------------------------------------



Office of Information and Regulation and Regulatory Affairs; Procedures 
for Participating in the Appeals Process for the 2010 Decennial Census 
Local Update of Census Addresses (LUCA) Program; Notice

Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / 
Notices

[[Page 14696]]


-----------------------------------------------------------------------

OFFICE OF MANAGEMENT AND BUDGET

DEPARTMENT OF COMMERCE

Bureau of the Census

[Docket No.: 090302265-9268-01]


Office of Information and Regulatory Affairs; Procedures for 
Participating in the Appeals Process for the 2010 Decennial Census 
Local Update of Census Addresses (LUCA) Program

AGENCIES: Office of Information and Regulatory Affairs, Office of 
Management and Budget; and Bureau of the Census, Department of 
Commerce.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: As part of implementing the Census Address List Improvement 
Act of 1994, the Office of Management and Budget (OMB) and the Bureau 
of the Census (Census Bureau) request public comment on the Appeals 
Process whereby Tribal, State, and local governments participating in 
the 2010 Decennial Census Local Update of Census Addresses (LUCA) 
Program may appeal determinations made by the Census Bureau with 
respect to their suggested changes to the 2010 Census Address List. For 
information purposes, this notice also describes the LUCA Feedback 
materials that the Census Bureau will provide to participating 
governments and how those governments can use the materials as the 
basis for an appeal.
    Electronic Availability: This notice is available on the Internet 
from the OMB Web site at http://www.whitehouse.gov/omb/fedreg_default/
.

DATES: To ensure consideration during the decision-making process, OMB 
must receive all comments in writing on or before April 30, 2009.

ADDRESSES: Comments concerning the proposed appeals procedure may be 
submitted though one of the following methods:
     Fax: Comments may be faxed to Katherine K. Wallman, Chief 
Statistician, Office of Management and Budget, fax number (202) 395-
7245.
     E-mail: Comments may be sent to 
2010AppealsProcess@omb.eop.gov, with the subject 2010 Appeals Process.
     Federal eRulemaking Portal: http://www.Regulations.gov. 
Simply type ``LUCA Program'' (in quotes) in the Comment or Submission 
search box, click Go, and follow the instructions for submitting 
comments.
    Correspondence about the 2010 Census LUCA Program in general should 
be sent to Arnold A. Jackson, Associate Director for Decennial Census, 
U.S. Census Bureau, Washington, DC 20233, telephone (301) 763-8626, fax 
number (301) 763-8867, e-mail Arnold.A.Jackson@census.gov.
    Because of delays in the receipt of regular mail due to security 
screening, you are encouraged to use electronic communications to 
transmit your comments in order to ensure timely receipt. All comments 
with the subject of ``2010 Appeals Process'' received by the date 
specified above will be included as part of the official record, and 
made available to the public on http://www.Regulations.gov and on OMB's 
Web site. For this reason, please do not include in your comments any 
information of a confidential nature, such as sensitive personal 
information or proprietary information.

FOR FURTHER INFORMATION CONTACT: For information about the proposed 
Appeals Process, contact Suzann Evinger, Office of Management and 
Budget, 10201 New Executive Office Building, Washington, DC 20503, 
telephone (202) 395-7315; fax number (202) 395-7245. For information 
about the Census Bureau's 2010 Census LUCA Program, contact Timothy F. 
Trainor, Chief, Geography Division, U.S. Census Bureau, Washington, DC 
20233-7400, telephone (301) 763-2131; fax (301) 763-4710.

SUPPLEMENTARY INFORMATION: The Office of Management and Budget (OMB), 
in consultation with the Bureau of the Census (Census Bureau), 
publishes this notice to seek comments on the proposed procedures for 
the 2010 Decennial Census Local Update of Census Addresses (LUCA) 
Appeals Process. The Appeals Process allows Tribal, State, and local 
governments participating in the 2010 Decennial Census Local Update of 
Census Addresses (LUCA) Program to appeal determinations made by the 
Census Bureau with respect to their suggested changes to the 2010 
Census Address List.

The Census Address List Improvement Act of 1994

    The Census Address List Improvement Act of 1994 (Pub. L. 103-430, 
108 Stat 4393 (1994)) mandates the establishment of a program to be 
used by the Census Bureau for developing the decennial census address 
list and address lists for other censuses and surveys conducted by the 
Bureau. The Act's provisions direct the Secretary of Commerce to: (1) 
Publish standards defining the content and structure of address 
information that Tribal, State, and local governments may submit to be 
used for developing a national address list; (2) develop and publish a 
timetable for the Census Bureau to receive, review, and respond to 
submissions; and (3) provide a response to the submissions regarding 
the Census Bureau's determination for each address. The Act provides 
further that OMB's Administrator of the Office of Information and 
Regulatory Affairs, acting through the Chief Statistician and in 
consultation with the Census Bureau, shall develop a process for 
Tribal, State, and local governments to appeal determinations of the 
Census Bureau. The Act also directs the U.S. Postal Service to provide 
the Secretary of Commerce with address information, as appropriate, for 
use by the Census Bureau.
    The Act authorizes the Census Bureau to provide designated 
officials of Tribal, State, and local governments with access to census 
addresses information. Prior to the 2000 Census, the Census Bureau was 
limited to providing block summary totals of addresses to Tribal and 
local governments. The 2000 Census marked the first decennial census 
where Tribal and local governments were able to review the census 
address list.

The OMB Office of Information and Regulatory Affairs Administrator's 
Proposed 2010 LUCA Appeals Process

    To ensure that Tribal, State, and local governments participating 
in the2010 Decennial Census LUCA Program have a means to appeal the 
Census Bureau's determinations, the Census Address List Improvement Act 
of 1994 requires that the Administrator of OMB's Office of Information 
and Regulatory Affairs, acting through the Chief Statistician and in 
consultation with the Census Bureau, develop an appeals process to 
resolve any disagreements that may remain after participating 
governments receive the Census Bureau's LUCA Feedback materials. This 
section describes the proposed procedures for that Appeals Process on 
which comments are now being sought. For reference purposes only, the 
section below entitled ``The Census Bureau's 2010 Decennial Census LUCA 
Program'' describes the already-completed phase of the program. Also 
for reference purposes only, the Appeals Process that was used for the 
2000 Census is described in the Federal Register notice published on 
June 30, 1999 (64 FR 35548).

A. Overview of the Appeals Process

    Governmental jurisdictions that participated in LUCA Option 1 or 
LUCA Option 2 and completed a review of 2010 Census LUCA materials may 
file

[[Page 14697]]

an Appeal if they meet the eligibility criteria. Jurisdictions that 
participated in LUCA Option 3 are not eligible to appeal. Appeals must 
be filed within 30 calendar days from the date the participant receives 
its LUCA Feedback materials. Appeals filed after the deadline will be 
denied as untimely. When filing an appeal, eligible participants must 
include supporting documentation that substantiates the existence and 
location of each appealed address. Eligible participants may file an 
Appeal with the 2010 Decennial Census LUCA Appeals Staff, a temporary 
Federal entity set up to administer the Appeals Process, and must also 
submit a duplicate copy of the Appeal to the Census Bureau's Regional 
Census Center responsible for that governmental jurisdiction. After 
notification by the Appeals Staff that an eligible participant has 
appealed, the Census Bureau will have 15 calendar days to respond to 
the Appeal. Appeal decisions will be based solely on a review of 
written documentation provided to the Appeals Staff by the eligible 
government and the Census Bureau. The decision of the Appeals Staff 
will be final. The Appeals Staff is scheduled to conclude its review of 
appeal submissions by March 31, 2010. Specific eligibility criteria and 
detailed requirements for Appeal submissions are provided below.

B. Appeal Procedures for Option 1--Title 13 Full Address List Review 
LUCA Program Participants

1. Eligibility Criteria for Filing an Appeal
    Option 1 participating governments are eligible to file an appeal 
if they (1) returned additions to or corrections of the 2010 Decennial 
Census Address List, or (2) challenged the count of addresses in one or 
more census blocks on the 2010 Decennial Census Address Count List 
after their LUCA review, or (3) certified to the Census Bureau after 
their LUCA review that the 2010 Decennial Census Address List was 
correct and required no update.
    Eligible Option 1 participating governments may appeal (1) address 
additions and corrections they provided after their initial review of 
the 2010 Census Address List that the Census Bureau did not accept, (2) 
addresses they believe are still missing from blocks whose address 
count they challenged during their LUCA review of the Address Count 
List, and (3) addresses that were deleted from the 2010 Decennial 
Census Address List by the Census Bureau during the Address Canvassing 
Operation that were not commented on by participants during their 
initial LUCA review.
    When filing an Appeal, eligible LUCA Program participants must 
provide (1) contact information for the governmental jurisdiction 
filing the Appeal, (2) address information for each address being 
appealed, and (3) supporting documentation that substantiates the 
existence and/or location of each address being appealed as specified 
below.
2. Contact Information
    Eligible participants must provide the following contact 
information for the governmental jurisdiction filing the Appeal:
    a. Name of the governmental jurisdiction, and
    b. Name, mailing address, telephone number, fax number, and 
electronic mail address (if any) of that jurisdiction's contact person 
for the Appeal.
3. Address Information
    a. Eligible participants must provide the following six items of 
information to appeal the Census Bureau's rejection of the submission 
of a new address to be added to, or a correction to an existing address 
on, the Census Address List (as evidenced by the Census Bureau's final 
determination code for that address on the Detailed Feedback Address 
List),

or

to appeal the Census Bureau's deletion of an address during the Address 
Canvassing Operation that was not previously commented on by the 
participant during its initial LUCA review (as indicated for that 
address on the Detailed Feedback Address List):

    (1) Complete address (including the house number, unit designator 
if applicable, street name, street direction, street type, post office 
name, and ZIP Code) or if there is no address a location description of 
the housing unit or other living quarters.
    (2) Control ID number.
    (3) Census Tract number.
    (4) Census Block number.
    (5) Participant submitted action code.
    (6) Census Bureau's Processing Code.
    Eligible participants must provide information for each appealed 
address on a computer-readable form or on paper. Technical requirements 
for the format of address information will be included with the 
feedback materials the participant receives from the Census Bureau.
    b. To appeal the omission of addresses the eligible participant 
believes are still missing from blocks whose address counts the 
participant challenged previously during its initial LUCA review (as 
evidenced by the revised address counts for those blocks on the 
Detailed Feedback Address Count Challenge List), provide the following 
items of information for each missing address:
    (1) Complete address (including the house number, unit designator 
if applicable, street name, street direction, street type, post office 
name, and ZIP Code) or if there is no address a location description of 
the housing unit or other living quarters.
    (2) Census Tract number from the map or shapefile.
    (3) Census Block number from the map or shapefile.
4. Supporting Documentation
    Eligible participants must provide supporting documentation for 
each appealed address as specified below in section E, ``Supporting 
Documentation an Eligible Government Must File with an Appeal.''

C. Appeal Procedures for Option 2--Title 13 Local Address List 
Submission LUCA Program Participants

1. Eligibility Criteria for Filing an Appeal
    Option 2 participants are eligible to file an appeal if they: (1) 
Returned their local city-style address list, or (2) certified to the 
Census Bureau after their LUCA review that the 2010 Census Address List 
was correct and required no update. Option 2 participants may appeal: 
(1) The Census Bureau's rejection of the existence or location of an 
address they submitted for inclusion in the 2010 Census Address List 
(as evidenced for that address by the Census Bureau's processing code 
Detailed Feedback List) and (2) the Census Bureau's deletion of an 
address from the 2010 Census Address List during the Address Canvassing 
Operation (as indicated for that address on the Detailed Feedback 
Address List).
    When filing an Appeal, jurisdictions must provide: (1) Contact 
information for the jurisdiction, (2) address information for each 
address being appealed, and (3) supporting documentation that 
substantiates the existence and/or location of each address being 
appealed as specified below.
2. Contact Information
    Eligible participants must provide the following contact 
information for the governmental jurisdiction filing the Appeal:
    a. Name of the eligible jurisdiction, and

[[Page 14698]]

    b. Name, mailing address, telephone number, fax number, and 
electronic mail address (if any) of that jurisdiction's contact person 
for the Appeal.
3. Address Information
    Eligible participants must provide the following information for 
each address that is being appealed. Address information may be 
submitted in computer-readable form or on paper. Technical requirements 
for the format of address information will be included with the 
feedback materials the participant receives from the Census Bureau.
    a. Complete address (including the house number, unit designator if 
applicable, street name, street direction, street type, and ZIP Code) 
or a location description of the housing unit or other living quarters.
    b. Control ID number.
    c. Census Tract number from the map or shapefile.
    d. Census Block number from the map or shapefile.
    e. Census Bureau's Processing Code.
4. Supporting Documentation
    Eligible participants must provide supporting documentation for 
each appealed address as specified below in section E, ``Supporting 
Documentation an Eligible Government Must File with an Appeal.''

D. Appeal Procedures for Option 3--Non-Title 13 Local Address List 
Submission LUCA Participants

    Option 3 participants are not eligible to file an Appeal because 
these participants do not receive the detailed address level feedback 
materials required as the basis for an appeal.

E. Supporting Documentation That Must be Filed With an Appeal

    The appeals decisions will be based solely on a review of written 
documentation provided by the eligible participating government and the 
Census Bureau. Eligible participating governments must submit the 
following supporting documentation with their Appeals:
    1. A written explanation that gives the eligible participating 
government's specific recommendations for how each address and location 
being appealed should appear on the 2010 Decennial Census Address List.
    2. A written statement that outlines the eligible participating 
government's position for why the Appeals Staff should adopt its 
recommendations. The statement must specifically respond to the 
explanation that accompanied the Census Bureau's LUCA Feedback 
materials.
    3. For each address (or group of addresses), supporting documentary 
evidence, including a reference to the exact location on the supporting 
documentation where the Appeals Staff can find specific evidence, 
supporting the eligible government's position with respect to the 
existence or correctness of that address. Useful types of supporting 
evidence include:
    a. Documentation of on-site inspection and/or interview of 
residents and/or neighbors.
    b. Issuance of recent occupancy permit for unit. (Building permits 
are not acceptable, as they do not ensure that the units have been 
built and/or are occupied.)
    c. Provision of utilities (electricity, gas, sewer, water, 
telephone, etc.) to the residence. The utility record should show that 
this is not a service to a commercial unit, or an additional service to 
an existing residence (such as a second telephone line).
    d. Provision of other governmental services (housing assistance, 
welfare, etc.) to residents of the unit.
    e. Photography, including aerial photography.
    f. Land use maps.
    g. Local 911 emergency lists, if they distinguish residential from 
commercial units.
    h. Tax assessment records, if they distinguish residential from 
commercial units.
    4. Evidence that demonstrates the quality of address or map 
reference sources provided as supporting evidence such as:
    a. Date of the address source.
    b. How often the address source is updated.
    c. Methods used to update the source.
    d. Quality assurance procedure(s) used in maintaining the address 
source.
    e. How the address source is used by the eligible government and/or 
by the originator of the source.
    All Appeal documentation must be filed with the Appeals Staff 
within 30 calendar days after the eligible participating government's 
receipt of its LUCA Feedback materials. At the same time it files its 
Appeal, the eligible government must send a duplicate copy of its 
Appeal, including all supporting documentation, to the Census Bureau's 
Regional Census Center responsible for that jurisdiction. The eligible 
jurisdiction may not submit any materials to the Appeals Staff after 
the 30-day period has elapsed.

F. Deadline To File Appeals

    Appeals must be filed by the eligible participating government 
within 30 calendar days after that government's receipt of the LUCA 
Feedback materials. ``Receipt'' as used herein is defined as the 
delivery date reported to the Census Bureau by the delivery service 
that transmits the feedback materials to the eligible participating 
government. In order to safeguard the confidential address materials 
covered by Title 13, the transmitting of an Appeal to the 2010 
Decennial Census LUCA Appeals Staff must adhere to the Census Bureau's 
specific guidelines for shipping materials. The guidelines will be 
supplied with the feedback materials. The guidelines specifically 
prohibit the use of e-mail or fax as secure modes of transmitting 
confidential materials. The eligible participating government should 
transmit its appeal materials to the Appeals Staff via regular or 
Express Mail or overnight delivery service, and must keep a record of 
the date it transmits these materials. The ``filing date'' for the 
Appeals shall be the date the Appeal is postmarked or the date it is 
shipped by the delivery service. All Appeals filed after the deadline 
will be denied as untimely.

G. Where To File an Appeal

    Appeals must be sent to the 2010 Decennial Census LUCA Appeals 
Staff, the address for which will be supplied with the feedback 
materials. At the same time, a duplicate copy of all Appeal 
documentation must be sent to the Census Bureau's Regional Census 
Center responsible for the jurisdiction. Upon receipt of an Appeal, the 
LUCA Appeals Staff will send a confirmation to the eligible 
jurisdiction that its Appeal has been received. The Appeals Staff also 
will notify the Census Bureau that the Appeal has been filed.

H. Documentation and Supporting Evidence That May Be Submitted by the 
Census Bureau During the Appeals Process

    The Census Bureau is not required to respond to the Appeal or to 
provide any materials in support of its determination. Upon receipt of 
notification that an Appeal has been filed, the Census Bureau will have 
15 calendar days in which it may (if the Census Bureau so chooses):
    1. Submit to the LUCA Appeals Staff written documentation briefly 
summarizing its position, as well as any supporting evidence concerning 
the appealed addresses,

or

    2. Submit to the Appeals Staff a written statement agreeing to the 
recommendation(s) in the Appeal.
    If the Census Bureau submits any written documentation to the 
Appeals

[[Page 14699]]

Staff to support its position, the Census Bureau at the same time must 
send a copy of its submission to the eligible participating government. 
The Census Bureau may not submit any materials to the Appeals Staff 
after the 15-day period has elapsed.

I. The Appeals Review and Final Decision Process

    The Appeals Process will be administered by the 2010 Decennial 
Census LUCA Appeals Staff, a temporary Federal entity. The Appeals 
Staff will include Appeals Officers, who are trained in the procedures 
for processing an Appeal and in the examination and analysis of address 
list information, locations of addresses and housing units, and 
supporting materials.
    For each Appeal, an Appeals Officer will review the Census Bureau's 
feedback materials and the written documentation and supporting 
evidence submitted by the eligible government and the Census Bureau. No 
testimony or oral argument will be received by the Appeals Officer. 
Appeals Officers will apply the following principles in conducting 
their review:
    1. The Appeals Officer shall consider the quality of the map or 
address reference source as the basis for determining the validity of 
an address (or group of addresses) and its (their) location(s).
    2. For any address for which the Appeals Officer determines that 
the quality of the supporting evidence submitted by both parties is of 
equal weight, the Appeals Officer shall decide in favor of the eligible 
government.
    At the conclusion of the review of an appealed address (or group of 
addresses), the Appeals Officer will prepare a draft written 
determination. The draft written determination will be reviewed by a 
higher-level official on the Appeals Staff. The Director of the Appeals 
Staff (or his or her designee) will then issue a final written 
determination to both the eligible government and the Census Bureau. 
The final written determination will include a brief explanation of the 
Appeals Staff's decision, and will specify how the appealed address(es) 
or its (their) location(s) should appear on the 2010 Decennial Census 
Address List. Each final written determination shall become part of the 
administrative record of the Appeals Process.
    The Appeals Staff's decision is final. The Census Bureau will 
include on the 2010 Decennial Census Address List used for subsequent 
census operations all addresses added to, or corrected in, the 2010 
Census Address List as a result of the Appeals Process, and attempt to 
locate and enumerate them. Inclusion of an address on the list does not 
mean that a living quarters with that address exists or that the 
address will be included in the final 2010 data summaries. The census-
taking process will determine the inclusion status of the address--
whether or not it is actually a housing unit--and the final population 
and housing unit status for each address.

J. Completion of the Appeals Process

    Appeals reviews will be completed and written determinations issued 
to the concerned parties as soon as possible. The Census Address List 
Improvement Act of 1994 (Pub. L. 103-430, 108 Stat 4393 (1994)) 
requires that all appeals be resolved before the decennial census date 
(April 1, 2010).

The Census Bureau's 2010 Decennial Census LUCA Program

    The Census Bureau and OMB provide below a copy of the procedures 
for participation in the 2010 Decennial Census LUCA Program. Comments 
are not being accepted on the program provisions, which were offered 
for public comment previously. This information is being provided below 
for reference purposes only. Please see the notice published in the 
Federal Register on March 7, 2008 (73 FR 12369) for more information on 
the program.
    For the 2010 LUCA Program, participating governmental jurisdictions 
chose one of three participation options for reviewing the census 
address list and/or submitting their own local residential address 
information to the Census Bureau. In addition, they could opt to 
receive materials in paper or computer-readable formats, or use Census 
Bureau-supplied software to update their jurisdiction's map features 
and address list. Jurisdictions with more than 6,000 addresses were 
required to participate using a computer-readable address list or the 
Census Bureau-supplied software. All LUCA participants were required to 
``geocode'' (i.e., identify for an individual address its correct 
geographic location including the correct state, county, census tract, 
and census block codes) each city-style address they added or 
submitted. The census tract and census block numbers are displayed on 
the Census Bureau-supplied maps, digital shapefiles, and software tool. 
Additionally, all LUCA participants could make updates and corrections 
to the features and boundaries on the Census Bureau-supplied maps or 
digital shapefiles. Described below are the three options that Tribal, 
State, and local governments could have used to participate in the 2010 
Decennial Census LUCA Program.

Option 1--Title 13 Full Address List Review

    The Option 1 Full Address List Review option required that the 
participant sign a Confidentiality Agreement in accordance with Title 
13, United States Code (U.S.C.) to maintain the confidentiality of the 
census address information they received from the Census Bureau for 
review. The Full Address List Review participants received the 2010 
Decennial Census LUCA Address List, the 2010 Decennial Census LUCA 
Address Count List (providing a count of addresses within each census 
block), and census maps or digital shapefiles of their jurisdiction. 
Participants who selected this option were required to have the means 
to secure the census address list containing Title 13 information.
    Although the LUCA Address List contained both city-style (e.g., 
house number, street name, post office name, ZIP Code) and noncity-
style (e.g., rural route/box number, post office box, general delivery, 
location description) addresses, participants could only add and/or 
provide updates to city-style addresses. In addition, Option 1 
participants could challenge the address count for any census block on 
their LUCA Address Count List. If the entire governmental jurisdiction 
contained only noncity-style addresses, Option 1 was the only LUCA 
Program option the jurisdiction could choose. Participants with both 
city-style and noncity-style addresses could not provide updates for 
individual addresses on the LUCA Address List and challenge the count 
of addresses on the LUCA Address Count List within the same census 
block.

Option 2--Title 13 Local Address List Submission

    The Option 2 Title 13 Local Address List Submission option required 
that the participants sign a Confidentiality Agreement in accordance 
with Title 13, U.S.C., to maintain the confidentiality of the census 
address information they received from the Census Bureau. This was a 
new LUCA option for the 2010 Census intended for those participants who 
did not have the time or resources to update the 2010 Decennial Census 
LUCA Address List, but wished to submit their local residential address 
list for Census Bureau use. Participants who selected this option were 
required to have the means to secure the census address list containing 
Title 13 information.
    Although Option 2 participants received both the LUCA Address List

[[Page 14700]]

containing residential city-style and noncity-style addresses and the 
LUCA Address Count List, these materials could only be used for 
reference purposes. Option 2 LUCA participants were required to submit 
their local city-style address list in a Census Bureau-defined 
computer-readable format. The Census Bureau did not accept Option 2 
LUCA participants' local address lists in paper format and did not 
accept local address lists containing noncity-style addresses.

Option 3--Non-Title 13 Local Address List Submission

    The Option 3 Non-Title 13 Local Address List Submission option was 
also a new LUCA option for the 2010 Census. Under Option 3, 
participants could choose not to receive and review the 2010 Decennial 
Census LUCA Address List for their jurisdiction, and not to be required 
to sign a Confidentiality Agreement. Instead, the participants received 
the 2010 Decennial Census LUCA Address Count List in computer-readable 
format for reference purposes only. Option 3 LUCA participants were 
required to submit their local city-style address list in a Census 
Bureau-defined computer-readable format. The Census Bureau did not 
accept Option 3 LUCA participants' local address lists in paper format 
and did not accept local address lists containing noncity-style 
addresses.

The Census Bureau's 2010 Decennial Census Address Canvassing Operation

    The Census Bureau will conduct a nationwide field check called the 
Address Canvassing Operation to verify the census address list, 
including the qualifying updates supplied by 2010 Census LUCA 
participants. The operation will begin in March of 2009. During this 
operation, Census Bureau field staff will add, delete, and correct 
entries on the Census Address List and make needed corrections to 
census maps. The Census Bureau's feedback to LUCA Program participants, 
conveying the Census Bureau's determinations on their submissions of 
additions and updates to census address information, will be based on 
the results of Address Canvassing.

The 2010 Decennial Census LUCA Feedback Materials

    The Census Bureau will provide 2010 LUCA Feedback materials to 
qualifying governmental jurisdictions on a flow basis starting in 
October 2009, and ending in December 2009. The majority of LUCA Program 
participants will receive their feedback materials in the same media 
format that they requested for the initial 2010 Census LUCA review 
materials. Although the initial LUCA review materials stated that the 
Census Bureau would provide structure coordinates (map spots) for the 
feedback phase of the program, the Census Bureau will not provide them 
for housing units collected during the 2009 Address Canvassing 
Operation due to schedule changes that have delayed the timing of 
coordinate processing.
    The Census Bureau will provide the LUCA Feedback materials after 
completing the following steps:
    (1) For jurisdictions that submitted address updates to the 2010 
Decennial Census LUCA Address List or submitted their local address 
list, the Census Bureau will review and apply each correctly submitted 
participant address update to its address list, adding any new 
addresses not already on its list.
    (2) The Census Bureau will conduct the Address Canvassing Operation 
and in the course of doing so will verify the participant suggested 
address updates (additions, corrections, deletions, etc.). The Address 
Canvassing Operation will ensure that all address updates and additions 
exist and that they are in the correct census block.
    Potential group quarters (GQs) addresses are identified as ``other 
living quarters'' (OLQs) for the feedback phase of the LUCA Program. 
Addresses identified in the Address Canvassing operation as potentially 
being GQs are later classified as group quarters, housing units, or 
nonresidential during a separate Census Bureau operation, the Group 
Quarters Validation (GQV), scheduled for October 2009.
    Described below are the 2010 Census LUCA Feedback materials that 
LUCA Program participants will receive under each of the three 
participation options.

LUCA Feedback for Option 1--Title 13 Full Address List Review 
Participants

    The Census Bureau will provide 2010 Census LUCA Feedback materials 
to Option 1 Tribal, State, or local governments that took any of the 
following actions:
    (1) Submitted updates (i.e., additions, corrections, deletions) to 
city-style addresses on the 2010 Census LUCA Address List.
    (2) Challenged the housing unit address count and/or group quarters 
address count for one or more census blocks on the 2010 Census LUCA 
Address Count List.
    (3) Updated the Census Bureau maps.
    (4) Certified to the Census Bureau at the end of their LUCA review 
that the 2010 Census LUCA Address List was correct and needed no 
update.
    The 2010 Census LUCA Feedback materials that the Census Bureau will 
provide to each Option 1 participating government will document which 
local address additions and updates the Census Bureau accepted or did 
not accept. The 2010 Census LUCA Feedback materials include:
    (1) A Full Address List that contains all of the residential 
addresses currently recorded in the Census Address List within the 
participant's jurisdiction. This address list will reflect the results 
of the jurisdiction's participation in the 2010 Census LUCA Program, 
the Address Canvassing Operation, and updates from other sources.
    (2) A Detailed Feedback Address List that shows each address record 
addition and update submitted by the participant and a processing code 
that identifies a specific action taken by the Census Bureau on that 
address record. The Detailed Feedback Address List will also identify 
addresses deleted in the Address Canvassing Operation.
    (3) A Full Address Count List that shows the current residential 
address counts, including those for housing units and other living 
quarters, for each census block within the participant's jurisdiction.
    (4) A Detailed Feedback Address Count Challenge List that shows 
address counts only for those census blocks challenged by the 
participant.

    Note: On the Detailed Feedback Address List and the Detailed 
Feedback Address Count Challenge List, addresses will be reported 
only with 4-digit basic block numbers instead of any suffixed block 
numbers that may appear on the other feedback materials. These block 
numbers will not be suffixed.

    (5) A Feedback Address Update Summary Report that displays the 
tallies of actions taken by the Census Bureau for all of the address 
updates submitted by the participant.
    (6) Feedback maps may include feature updates provided by the 
participant and/or other updates found by the Census Bureau during the 
Address Canvassing Operation. Boundary updates from the 2009 Boundary 
and Annexation Survey submitted after March 1, 2009, may not be 
reflected.

    Note: The 4-digit block number on the Full Address List, Full 
Address Count List, and Feedback maps will be identical to those 
appearing on the initial LUCA review materials. However, the 
suffixes associated with the 4-digit basic block numbers may have no 
correlation to the suffixes on the initial review materials.


[[Page 14701]]



LUCA Feedback for Option 2--Title 13 Local Address List Submission 
Participants

    The Census Bureau will provide 2010 Census LUCA Feedback materials 
to Option 2 Tribal, State, or local governments that took any of the 
following actions:
    (1) Submitted their local city-style address list.
    (2) Updated the Census Bureau maps.
    (3) Certified to the Census Bureau at the end of their LUCA review 
that the 2010 Census Address List was correct and a local address list 
submission was not needed.
    The 2010 Census LUCA Feedback materials that the Census Bureau will 
provide to each Option 2 participating government will document which 
local address submissions the Census Bureau accepted or did not accept. 
The 2010 LUCA Feedback materials include:
    (1) A Full Address List that contains all of the residential 
addresses for those housing units and other living quarters currently 
recorded in the Census Address File within the participant's 
jurisdiction. This address list will reflect the results of the 
jurisdiction's participation in the 2010 Census LUCA Program, the 
Address Canvassing Operation, and other sources.
    (2) A Detailed Feedback Address List that shows each address record 
submitted by the participant and a processing code that identifies a 
specific action taken by the Census Bureau on that address record. The 
Detailed Feedback Address List will also identify addresses deleted in 
the Address Canvassing Operation.

    Note: On the Detailed Feedback Address List, addresses will be 
reported only with 4-digit basic block numbers instead of any 
suffixed block numbers that may appear on the other feedback 
materials. These block numbers will not be suffixed.

    (3) A Full Address Count List that shows the current residential 
address counts, including those for housing units and other living 
quarters, for each census block within the participant's jurisdiction.
    (4) A Feedback Address Update Summary Report that displays the 
tallies of actions taken by the Census Bureau for all of the addresses 
submitted by the participant.
    (5) Feedback Maps may include feature updates provided by the 
participant and/or other updates found by the Census Bureau during the 
Address Canvassing Operation. Boundary updates from the 2009 Boundary 
and Annexation Survey submitted after March 1, 2009, may not be 
reflected.

    Note: The 4-digit block number on the Full Address List, Full 
Address Count List, and Feedback maps will be identical to those 
appearing on the initial LUCA review materials. However, the 
suffixes associated with the 4-digit basic block numbers may have no 
correlation to the suffixes on the initial review materials.

    The 2010 LUCA Feedback for Option 2 participants does not include a 
Detailed Feedback Address Count Challenge List.

LUCA Feedback for Option 3--Non-Title 13 Local Address List Submission 
Participants

    The Census Bureau will provide 2010 Census LUCA Feedback materials 
to Option 3 Tribal, State, or local governments that took any of the 
following actions:
    (1) Submitted their local city-style address list.
    (2) Updated the Census Bureau maps.
    (3) Certified to the Census Bureau at the end of their LUCA review 
that the 2010 Census Address Count List was correct and a local address 
list submission was not needed.
    The 2010 Census LUCA Feedback materials that the Census Bureau will 
provide to each Option 3 participating government include:
    (1) Feedback Maps that may include feature updates provided by the 
participant and/or other updates found by the Census Bureau during the 
Address Canvassing Operation.
    (2) A Feedback Address Summary Report.

    Note: The 4-digit block number on the Feedback maps will be 
identical to those appearing on the initial LUCA review materials. 
However, the suffixes associated with the 4-digit basic block 
numbers may have no correlation to the suffixes on the initial 
review materials.

    The LUCA Feedback for Option 3 participants does not include a Full 
Address List, Detailed Feedback Address List, a Detailed Feedback 
Address Count Challenge List, or a Full Address Count List.
    Participants under all three options that submitted map updates 
only without certifying that their address lists were correct will only 
receive maps/shapefiles as feedback.

Executive Order 12866

    This notice has been determined to be not significant under 
Executive Order 12866.

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) unless that collection of 
information displays a current, valid Office of Management and Budget 
(OMB) control number. In accordance with the PRA, 44 U.S.C., Chapter 
35, the Census Bureau requested, and OMB granted its clearance for, the 
information collection requirements for this program on September 5, 
2008, (OMB Control Number 0607-0795, expires on March 31, 2009). The 
Census Bureau's request for a generic clearance covering this program 
until 2011 was sent to the OMB on February 3, 2009.

Kevin F. Neyland,
Acting Administrator, Office of Information and Regulatory Affairs.
Thomas L. Mesenbourg,
Acting Director, Bureau of the Census.
[FR Doc. E9-7176 Filed 3-30-09; 8:45 am]
BILLING CODE 3510-07-P