Procedures for Participating in the Appeals Process for the 2010 Decennial Census Local Update of Census Addresses (LUCA) Program, 47424-47429 [E9-22172]

Download as PDF 47424 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices OFFICE OF MANAGEMENT AND BUDGET DEPARTMENT OF COMMERCE Bureau of the Census [Docket Number 090302265–91138–02] Procedures for Participating in the Appeals Process for the 2010 Decennial Census Local Update of Census Addresses (LUCA) Program jlentini on DSKJ8SOYB1PROD with NOTICES3 AGENCIES: Office of Information and Regulatory Affairs, Office of Management and Budget; and Bureau of the Census, Department of Commerce. ACTION: Final notice. 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) publish this notice to provide information on the final procedures for 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. This notice also summarizes the comments received on the proposed procedures published in a March 31, 2009, Federal Register notice (74 FR 14696). 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: These LUCA Appeals Process procedures, which reflect revisions based on public comment following publication of draft procedures, will be implemented on September 15, 2009. ADDRESSES: Correspondence concerning the Appeals Process may be submitted through one of the following methods: • Fax: Correspondence may be faxed to Katherine K. Wallman, Chief Statistician, Office of Management and Budget, fax number (202) 395–7245. • E-mail: Correspondence may be sent to 2010AppealsProcess@omb.eop.gov, with the subject 2010 Appeals Process. Correspondence about the 2010 Census LUCA Program in general should be sent to Arnold A. Jackson, Associate Director for Decennial Census, VerDate Nov<24>2008 19:12 Sep 14, 2009 Jkt 021001 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 fax or e-mail to transmit any inquiries. FOR FURTHER INFORMATION CONTACT: For information about the 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 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 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 governments were able to review the census address list. Summary of Comments Received in Response to the Proposed Appeals Process On March 31, 2009, OMB and the Census Bureau issued a Federal Register notice (74 FR 14696) requesting comments on the proposed procedures for participating in the Appeals Process for the 2010 Census LUCA Program. Two comments were received on the proposal during the comment period. This notice issues final procedures that incorporate changes made as a result of the comments received. A summary of the public comments and the response of OMB and the Census Bureau are provided below. Comment 1. One commenter contended that the requirement for including a post office name as a component of appealed addresses was confusing and unnecessary, since that was not a requirement of initial LUCA review of the Census Address List. The commenter also suggested that the examples listed in the procedures of sources of supporting documentation that could be used to support Appeals include State databases and services such as driver’s licenses, vehicle registrations, and voter registrations. OMB and the Census Bureau adopted both of these suggestions for the final procedures. Comment 2. Another commenter suggested that an aerial map printed from an online mapping service and accompanied by a parcel map submitted as supporting evidence for the existence and location of appealed addresses would be an efficient way for local governments to gather supporting evidence. OMB and the Census Bureau agree that aerial maps from online mapping services may be suitable as supporting documentation provided that the confidentiality of the census address list is maintained. The OMB Office of Information and Regulatory Affairs Administrator’s 2010 LUCA Appeals Process To ensure that tribal, State, and local governments participating in the 2010 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 E:\FR\FM\15SEN3.SGM 15SEN3 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices materials. This section describes the final procedures for that Appeals Process. For reference, 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). Also, for reference purposes only, the section that immediately follows the Appeals Process, entitled ‘‘The Census Bureau’s 2010 Decennial Census LUCA Program,’’ describes the alreadycompleted phase of the program. 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 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. Appeal decisions will be based solely on a review of written documentation provided to the Appeals Staff by the eligible government. 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 jlentini on DSKJ8SOYB1PROD with NOTICES3 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 VerDate Nov<24>2008 19:12 Sep 14, 2009 Jkt 021001 Census Address List that the Census Bureau was able to process, but ultimately 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, and ZIP Code) or, if there is no address, a location description of the housing unit or other living quarters. (2) Master Address File identification number. (3) Census Tract number. (4) Census Block number. (5) Participant submitted action code. (6) Census Bureau’s Processing Code. Eligible participants may submit their appealed address information by PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 47425 designating the addresses on a copy of their paper Detailed Feedback Address List, as an extract file of addresses from their computer-readable Detailed Feedback Address List, or as a separate printed list. Technical requirements for submitting appealed addresses in computer-readable form will be included in the user guides to the LUCA Feedback materials that the Census Bureau will send to participating governments. 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, 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. Eligible participants may submit their appealed addresses by entering them on Appeal Address Add Pages that will be supplied by the Census Bureau with the LUCA Feedback materials, or they may submit them in computer-readable form. Technical requirements for submitting appealed addresses in computerreadable form will be included in the user guides to the LUCA Feedback materials that the Census Bureau will send to participating governments. 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) Address additions and corrections they provided after their E:\FR\FM\15SEN3.SGM 15SEN3 47426 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices initial review of the 2010 Census Address List that the Census Bureau was able to process, but ultimately did not accept (as evidenced by the Census Bureau’s final determination code for that address on the Detailed Feedback Address 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. jlentini on DSKJ8SOYB1PROD with NOTICES3 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 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: 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. Master Address File identification 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. Eligible participants may submit their appealed address information by designating the addresses on a copy of their paper Detailed Feedback Address List, as an extract file of addresses from their computer-readable Detailed Feedback Address List, or as a separate printed list. Technical requirements for submitting appealed addresses in computer-readable form will be included in the user guides to the LUCA Feedback materials that the Census Bureau will send to participating governments. 4. Supporting Documentation Eligible participants must provide supporting documentation for each VerDate Nov<24>2008 19:12 Sep 14, 2009 Jkt 021001 i. Tax assessment records, if they distinguish residential from commercial units. 3. Information that demonstrates the D. Appeal Procedures for Option 3— quality of address or map reference Non-Title 13 Local Address List sources provided as supporting Submission LUCA Participants evidence such as: Option 3 participants are not eligible a. Date of the address source. b. How often the address source is to file an Appeal because these updated. participants do not receive the detailed c. Methods used to update the source. address level feedback materials d. Quality assurance procedure(s) required as the basis for an Appeal. used in maintaining the address source. E. Supporting Documentation That Must e. How the address source is used by Be Filed With an Appeal the eligible government and/or by the originator of the source. The Appeals decisions will be based All Appeal documentation must be solely on a review of written filed with the Appeals Staff within 30 documentation provided by the eligible calendar days after the eligible participating government and the participating government’s receipt of its Census Bureau. Eligible participating governments must submit the following LUCA Feedback materials. The eligible jurisdiction may not submit any supporting documentation with their materials to the Appeals Staff after the Appeals: 30-day period has elapsed. 1. A written statement that outlines the eligible participating government’s F. Deadline To File Appeals position for why the Appeals Staff Appeals must be filed by the eligible should adopt its recommendations. The participating government within 30 statement must specifically respond to calendar days after that government’s the explanation that accompanied the receipt of the LUCA Feedback materials. Census Bureau’s LUCA Feedback ‘‘Receipt’’ as used herein is defined as materials. the delivery date reported to the Census 2. For each address (or group of Bureau by the delivery service that addresses), supporting documentary transmits the feedback materials to the evidence, including a reference to the eligible participating government. In exact location on the supporting documentation where the Appeals Staff order to safeguard the confidential address materials covered by Title 13, can find specific evidence, supporting the transmitting of an Appeal to the the eligible government’s position with respect to the existence or correctness of 2010 Decennial Census LUCA Appeals that address. Useful types of supporting Staff must adhere to the Census Bureau’s specific guidelines for evidence include: shipping materials. The guidelines will a. Documentation of an on-site inspection and/or interview of residents be supplied with the feedback materials. The guidelines specifically prohibit the and/or neighbors. use of e-mail or fax as secure modes of b. Issuance of a recent occupancy transmitting confidential materials. The permit for the unit. (Building permits are not acceptable, as they do not ensure eligible participating government that the units have been built and/or are should transmit its Appeal materials to the Appeals Staff via regular or Express occupied.) Mail or overnight delivery service, and c. Provision of utilities (electricity, gas, sewer, water, telephone, etc.) to the must keep a record of the date it transmits these materials. The ‘‘filing residence. The utility record should date’’ for the Appeal shall be the date show that this is not a service to a the Appeal is postmarked or the date it commercial unit, or an additional service to an existing residence (such as is shipped by the delivery service. All Appeals filed after the deadline will be a second telephone line). denied as untimely. d. Provision of other governmental services (driver’s licenses, vehicle G. Where To File an Appeal registrations, voter registrations, Appeals must be sent to the 2010 housing assistance, welfare, etc.) to Decennial Census LUCA Appeals Staff, residents of the unit. the address for which will be supplied e. Photography, including aerial with the feedback materials. Upon photography. receipt of an Appeal, the LUCA Appeals f. Aerial maps printed from an online Staff will send a confirmation to the mapping service. eligible jurisdiction that its Appeal has g. Land use maps. been received. The Appeals Staff also h. Local 911 emergency lists, if they distinguish residential from commercial will notify the Census Bureau that the Appeal has been filed. units. appealed address as specified below in section E, ‘‘Supporting Documentation That Must File With an Appeal.’’ PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 E:\FR\FM\15SEN3.SGM 15SEN3 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices jlentini on DSKJ8SOYB1PROD with NOTICES3 H. 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 consider the quality of the address reference source as the basis for determining the validity of an address (or group of addresses) and its (their) location(s). No testimony or oral argument will be received by the Appeals Officer. 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. I. 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 VerDate Nov<24>2008 19:12 Sep 14, 2009 Jkt 021001 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 summary of the procedures for participation in the 2010 Decennial Census LUCA Program. This information is being provided below for reference purposes only; the 2010 Decennial Census LUCA Program has concluded. Please see the notice published in 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 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 PO 00000 Frm 00005 Fmt 4701 Sfmt 4703 47427 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, ZIP Code) and noncity-style (e.g., rural route/box number, post office box number, 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 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 E:\FR\FM\15SEN3.SGM 15SEN3 47428 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices 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. jlentini on DSKJ8SOYB1PROD with NOTICES3 The Census Bureau’s 2010 Decennial Census Address Canvassing Operation The Census Bureau conducted 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 began in March of 2009. During this operation, Census Bureau field staff added, deleted, and corrected entries on the Census Address List and made 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 VerDate Nov<24>2008 19:12 Sep 14, 2009 Jkt 021001 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’’ 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, 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 PO 00000 Frm 00006 Fmt 4701 Sfmt 4703 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 or where the address count decreased as a result of Census Bureau operations. 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. 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: E:\FR\FM\15SEN3.SGM 15SEN3 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices (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. (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 where the address count decreased as a result of Census Bureau operations. 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. jlentini on DSKJ8SOYB1PROD with NOTICES3 (5) 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. VerDate Nov<24>2008 19:12 Sep 14, 2009 Jkt 021001 (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. 47429 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 LUCA Feedback for Option 3—Non-Title 12866. 13 Local Address List Submission Paperwork Reduction Act 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 Update 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 PO 00000 Frm 00007 Fmt 4701 Sfmt 4703 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 initial mailout of informational materials for this program on June 19, 2009, (OMB Control Number 0607–0795, expires on April 30, 2012). The Census Bureau approval request for remainder of the Appeals Process has yet to be submitted. Kevin F. Neyland, Acting Administrator, Office of Information and Regulatory Affairs. Robert M. Groves, Director, Bureau of the Census. [FR Doc. E9–22172 Filed 9–14–09; 8:45 am] BILLING CODE 3510–07–P E:\FR\FM\15SEN3.SGM 15SEN3

Agencies

[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Notices]
[Pages 47424-47429]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22172]



[[Page 47423]]

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Part V





Office of Management and Budget





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Department of Commerce





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Bureau of the Census



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. 177 / Tuesday, September 15, 2009 / 
Notices

[[Page 47424]]


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OFFICE OF MANAGEMENT AND BUDGET

DEPARTMENT OF COMMERCE

Bureau of the Census

[Docket Number 090302265-91138-02]


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: Final notice.

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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) publish this notice to provide 
information on the final procedures for 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. This notice also 
summarizes the comments received on the proposed procedures published 
in a March 31, 2009, Federal Register notice (74 FR 14696). 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: These LUCA Appeals Process procedures, which reflect revisions 
based on public comment following publication of draft procedures, will 
be implemented on September 15, 2009.

ADDRESSES: Correspondence concerning the Appeals Process may be 
submitted through one of the following methods:
     Fax: Correspondence may be faxed to Katherine K. Wallman, 
Chief Statistician, Office of Management and Budget, fax number (202) 
395-7245.
     E-mail: Correspondence may be sent to 
2010AppealsProcess@omb.eop.gov, with the subject 2010 Appeals Process.
    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 fax or e-mail to transmit any 
inquiries.

FOR FURTHER INFORMATION CONTACT: For information about the 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 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.C
    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.

Summary of Comments Received in Response to the Proposed Appeals 
Process

    On March 31, 2009, OMB and the Census Bureau issued a Federal 
Register notice (74 FR 14696) requesting comments on the proposed 
procedures for participating in the Appeals Process for the 2010 Census 
LUCA Program. Two comments were received on the proposal during the 
comment period. This notice issues final procedures that incorporate 
changes made as a result of the comments received.
    A summary of the public comments and the response of OMB and the 
Census Bureau are provided below.
    Comment 1. One commenter contended that the requirement for 
including a post office name as a component of appealed addresses was 
confusing and unnecessary, since that was not a requirement of initial 
LUCA review of the Census Address List. The commenter also suggested 
that the examples listed in the procedures of sources of supporting 
documentation that could be used to support Appeals include State 
databases and services such as driver's licenses, vehicle 
registrations, and voter registrations. OMB and the Census Bureau 
adopted both of these suggestions for the final procedures.
    Comment 2. Another commenter suggested that an aerial map printed 
from an online mapping service and accompanied by a parcel map 
submitted as supporting evidence for the existence and location of 
appealed addresses would be an efficient way for local governments to 
gather supporting evidence. OMB and the Census Bureau agree that aerial 
maps from online mapping services may be suitable as supporting 
documentation provided that the confidentiality of the census address 
list is maintained.

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

    To ensure that tribal, State, and local governments participating 
in the 2010 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

[[Page 47425]]

materials. This section describes the final procedures for that Appeals 
Process. For reference, 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). Also, for reference purposes only, the section 
that immediately follows the Appeals Process, entitled ``The Census 
Bureau's 2010 Decennial Census LUCA Program,'' describes the already-
completed phase of the program.

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 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. Appeal decisions will be based solely on a review of 
written documentation provided to the Appeals Staff by the eligible 
government. 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 was able to 
process, but ultimately 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, and ZIP 
Code) or, if there is no address, a location description of the housing 
unit or other living quarters.
    (2) Master Address File identification number.
    (3) Census Tract number.
    (4) Census Block number.
    (5) Participant submitted action code.
    (6) Census Bureau's Processing Code.
    Eligible participants may submit their appealed address information 
by designating the addresses on a copy of their paper Detailed Feedback 
Address List, as an extract file of addresses from their computer-
readable Detailed Feedback Address List, or as a separate printed list. 
Technical requirements for submitting appealed addresses in computer-
readable form will be included in the user guides to the LUCA Feedback 
materials that the Census Bureau will send to participating 
governments.
    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, 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.
    Eligible participants may submit their appealed addresses by 
entering them on Appeal Address Add Pages that will be supplied by the 
Census Bureau with the LUCA Feedback materials, or they may submit them 
in computer-readable form. Technical requirements for submitting 
appealed addresses in computer-readable form will be included in the 
user guides to the LUCA Feedback materials that the Census Bureau will 
send to participating governments.
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) Address additions and corrections they provided after their

[[Page 47426]]

initial review of the 2010 Census Address List that the Census Bureau 
was able to process, but ultimately did not accept (as evidenced by the 
Census Bureau's final determination code for that address on the 
Detailed Feedback Address 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
    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:
    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. Master Address File identification 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.
    Eligible participants may submit their appealed address information 
by designating the addresses on a copy of their paper Detailed Feedback 
Address List, as an extract file of addresses from their computer-
readable Detailed Feedback Address List, or as a separate printed list. 
Technical requirements for submitting appealed addresses in computer-
readable form will be included in the user guides to the LUCA Feedback 
materials that the Census Bureau will send to participating 
governments.
4. Supporting Documentation
    Eligible participants must provide supporting documentation for 
each appealed address as specified below in section E, ``Supporting 
Documentation That 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 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.
    2. 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 an on-site inspection and/or interview of 
residents and/or neighbors.
    b. Issuance of a recent occupancy permit for the 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 (driver's licenses, 
vehicle registrations, voter registrations, housing assistance, 
welfare, etc.) to residents of the unit.
    e. Photography, including aerial photography.
    f. Aerial maps printed from an online mapping service.
    g. Land use maps.
    h. Local 911 emergency lists, if they distinguish residential from 
commercial units.
    i. Tax assessment records, if they distinguish residential from 
commercial units.
    3. Information 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. 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 
Appeal 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. 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.

[[Page 47427]]

H. 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 consider the quality 
of the address reference source as the basis for determining the 
validity of an address (or group of addresses) and its (their) 
location(s). No testimony or oral argument will be received by the 
Appeals Officer.
    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.

I. 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 summary of the procedures 
for participation in the 2010 Decennial Census LUCA Program. This 
information is being provided below for reference purposes only; the 
2010 Decennial Census LUCA Program has concluded. Please see the notice 
published in 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, ZIP Code) and noncity-style (e.g., rural 
route/box number, post office box number, 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 
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

[[Page 47428]]

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 conducted 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 began in March of 2009. During this 
operation, Census Bureau field staff added, deleted, and corrected 
entries on the Census Address List and made 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'' 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, 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 or where the address count decreased as a result of Census 
Bureau operations.
    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.

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:

[[Page 47429]]

    (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 Detailed Feedback Address Count Challenge List that shows 
address counts only where the address count decreased as a result of 
Census Bureau operations.
    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 addresses 
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.

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 Update 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 
initial mailout of informational materials for this program on June 19, 
2009, (OMB Control Number 0607-0795, expires on April 30, 2012). The 
Census Bureau approval request for remainder of the Appeals Process has 
yet to be submitted.

Kevin F. Neyland,
Acting Administrator, Office of Information and Regulatory Affairs.
Robert M. Groves,
Director, Bureau of the Census.
[FR Doc. E9-22172 Filed 9-14-09; 8:45 am]
BILLING CODE 3510-07-P