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]
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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b. Name, mailing address, telephone
number, fax number, and electronic
mail address (if any) of that
jurisdiction’s contact person for the
Appeal.
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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
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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
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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
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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
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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.
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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
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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.
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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
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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.
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(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
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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]]
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Part IV
Office of Management and Budget
-----------------------------------------------------------------------
Department of Commerce
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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