Office of Information and Regulatory Affairs; Procedures for Participating in the Appeals Process for the 2020 Census Local Update of Census Addresses (LUCA), 34201-34205 [2019-15168]
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BILLING CODE 4410–11–P
OFFICE OF MANAGEMENT AND
BUDGET
BILLING CODE 4410–11–P
Office of Information and Regulatory
Affairs; Procedures for Participating in
the Appeals Process for the 2020
Census Local Update of Census
Addresses (LUCA)
DEPARTMENT OF JUSTICE
Antitrust Division
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Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Pistoia Alliance, Inc.
Notice is hereby given that, on June
26, 2019, pursuant to Section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), Pistoia Alliance, Inc.
has filed written notifications
simultaneously with the Attorney
General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, Lauren Brom (individual
member), New York, NY; Sunil Soni
(individual member), Warfield, UNITED
KINGDOM; Patrick Ng (individual
member), Chromos, SINGAPORE;
Ontotext (aka Sirma AI), Sofia,
BULGARIA; Eric Neumann (individual
member), Duxbury, MA; Hall Gregg
(individual member), Chattanooga, TN;
Avi Ma’ayan (individual member), New
York, NY; and Anthony DiBiase
(individual member), Wellesley, MA,
have been added as parties to this
venture.
No other changes have been made in
either the membership or planned
activity of the group research project.
Membership in this group research
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Alliance, Inc. intends to file additional
written notifications disclosing all
changes in membership.
On May 28, 2009, Pistoia Alliance,
Inc. filed its original notification
pursuant to Section 6(a) of the Act. The
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Office of Information and
Regulatory Affairs, Office of
Management and Budget (OMB),
Executive Office of the President.
ACTION: Notice of final procedures.
AGENCY:
As part of implementing the
Census Address List Improvement Act
of 1994, the Office of Management and
Budget (OMB) publishes the final
procedures for the 2020 Census Local
Update of Census Addresses (LUCA)
Appeals process, as described in the
SUPPLEMENTARY INFORMATION section
below. Tribal, state and local
governments participating in the 2020
Census LUCA Operation may appeal
determinations made by the Census
Bureau with respect to their suggested
changes to the 2020 Census Address
List. Proposed procedures were
published as a notice for public
comment in the Federal Register on
May 21, 2018. This final notice
summarizes the comments received on
the proposed procedures, and provides
responses to those comments. For
informational purposes, this final notice
further describes the 2020 Census 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: Federal
Register notices are available
electronically at https://
www.federalregister.gov/.
DATES: The final procedures for the 2020
Census LUCA Appeals process, which
reflect revisions based on public
comment received in response to the
SUMMARY:
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34201
notice on proposed procedures, are
effective immediately.
ADDRESSES: Please send any questions
about the final procedures for the 2020
Census LUCA Appeals process to:
Nancy Potok, Chief Statistician, Office
of Management and Budget, 9242 New
Executive Office Building, Washington,
DC 20503; email:
MBX.OMB.OIRA.2020LUCAAppeals
Process@OMB.eop.gov; fax number:
(202) 395–7245.
Correspondence about the Census
Bureau’s 2020 Census LUCA Operation
should be sent to: Robin Pennington,
Deputy Chief, Decennial Census
Management Division Program
Management Office, U.S. Census
Bureau, Washington, DC 20233;
telephone: (301) 763–8132; email:
robin.a.pennington@census.gov.
Because of delays in the receipt of
regular mail related to security
screening, respondents are encouraged
to use electronic communications.
FOR FURTHER INFORMATION CONTACT:
Kerrie Leslie, Office of Management and
Budget, 9215 New Executive Office
Building, Washington, DC 20503;
telephone: (202) 395–1093; email:
MXB.OMB.OIRA.2020LUCAAppeals
Process@OMB.eop.gov, with the subject
‘‘2020 Appeals Process Question’’.
The 2020 Census LUCA Appeals
Office can be reached at 301–763–6869
or via email at INFO@LUCAAppeals.gov.
SUPPLEMENTARY INFORMATION:
The Census Address List Improvement
Act of 1994
The Census Address List
Improvement Act of 1994 (Pub. L. 103–
430) 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 in 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
(OIRA), 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
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Bureau. In addition, the Act 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 address 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 and suggest updates to the
census address list. The 2010 Census
was the first decennial census to invite
State governments to participate in the
LUCA Operation. The 2020 Census
LUCA Operation marks the first time
that address list materials sent to
participants for review include the
addresses for and designations of group
quarters locations.
Summary of and Responses to
Comments Received on the Proposed
Procedures for Participating in the
Appeals Process for the 2020 Census
Local Update of Census Addresses
Operation (LUCA)
The proposed procedures for
participating in the appeals process for
the 2020 Census LUCA Operation were
published in the Federal Register on
May 21, 2018 (83 FR 23,487). That
notice sought public comment on the
proposed procedures. OMB received 24
comments in response to the notice and,
of those, 23 advocated for a less
burdensome approach to the appeals
process for both the participants
appealing the Census Bureau’s
determinations and the 2020 Census
LUCA Appeals Office staff. Ten
comments requested that the
participants have longer than 45 days to
review the Census Bureau
determinations and file an appeal. One
comment was out-of-scope.
Summary of and Responses to
Comments:
(1) The burden described in most of
the comments was related to providing
supporting documentation for each
appealed address individually. It was
suggested that it would be extremely
expensive and time-consuming for
tribal, state, and local governments to
provide documents such as those
recommended in the procedures for
every address that they appeal. It was
suggested that a more generalized
approach be used for documenting the
validity of their appealed addresses.
Response: To help alleviate the
burden that participants noted in their
comments, the 2020 Census LUCA
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Appeals procedures have been revised
to allow a variety of approaches for
providing supporting documentation for
appealed addresses. For example, the
same set of supporting evidence may be
applied to a group of addresses instead
of requiring unique documentation for
each address (see Section 3 on
Supporting Documentation).
(2) Comments related to the duration
of the appeals process noted that 45
days was not enough time for
participants to complete the process.
Response: While commenters
suggested that the 45-day review and
submission period was not ample time
to complete the process, no changes will
be made to the 45-day period. The 2020
Census LUCA Appeals Office staff must
be afforded sufficient time to review the
appealed addresses and make a
determination. This, in conjunction
with the strict deadline for accepted
appeals to be included in the Census
Bureau’s nonresponse follow-up
operation, is the reason the 45-day
timeframe cannot be extended. Thus,
the timeframe for submitting an appeal
to the 2020 Census LUCA Appeals
Office remains 45 days from the date an
eligible government receives their LUCA
Feedback materials.
The Census Bureau’s 2020 Census
LUCA Operation—Background
The 2020 Census LUCA Operation
was available to tribal, state, and local
governments located in areas for which
the Census Bureau develops an address
list in advance of the census. This
operation provided for a review and
update of the 2020 Census LUCA
Address List. The Census Bureau issued
final procedures for participation in the
2020 Census LUCA Operations in a
Federal Register Notice on November 7,
2016 (81 FR 78,109). This section
provides more detail on the process that
tribal, state, and local governments used
to participate in the 2020 Census LUCA
Operation.
For the 2020 Census LUCA Operation,
participating governments (participants)
review and provide updates to the
census address list. Participants opted
to receive materials in paper or
computer-readable formats, or to use
Census Bureau supplied software to
update their jurisdiction’s map features
and address list. Participating
governments with more than 6,000
addresses were required to use a
computer readable address list or the
Census Bureau’s supplied software. All
LUCA participants were required to
geocode each address they added (i.e.,
identify for an individual address its
correct geographic location including
the latitude/longitude coordinate
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location or the correct state, county,
census tract, and census block codes).
Additionally, all LUCA participants
could make updates and corrections to
the features on the Census Bureausupplied maps or digital shapefiles.
All participants were required to sign
a Confidentiality Agreement in
accordance with Section 9 of Title 13 of
the United States Code to maintain the
confidentiality of the census address
information they received from the
Census Bureau for review. Participants
received the full 2020 Census Address
List, an Address Count List, and census
maps or digital shapefiles of their
jurisdiction. Participants were required
to have the means to secure the census
address list containing Title 13
information, including through the time
the 2020 Census LUCA Appeals process
is complete (should the participant file
an appeal).
The 2020 Census LUCA Address
Validation Process
Addresses submitted by 2020 Census
LUCA participants were validated by
Census Bureau staff. During LUCA
validation, Census Bureau staff
reviewed address updates (additions,
corrections, and deletions) supplied by
the participants, including confirming
that the addresses are listed in the
correct census block. Census Bureau
staff then verified, modified, or rejected
the updates submitted, and when
appropriate, added, deleted, or
corrected entries on the 2020 Census
LUCA Address List. Corrections to
census maps based on LUCA participant
submissions were also processed. For
the 2020 Census LUCA Operation, the
Census Bureau will provide feedback to
LUCA participants, conveying the
Bureau’s determinations of their
submission of additions and updates to
the census address information, during
the summer of 2019.
The 2020 Census LUCA Feedback
Materials
The 2020 Census LUCA Feedback
materials will reflect the determinations
made by the Census Bureau. For the
2020 LUCA Appeals process, the
participants will be able to appeal
addresses rejected from their
submission during the Census Bureau’s
LUCA review or those deleted by
another level of government also
participating in the 2020 Census LUCA
Operation. Addresses may not be added
or corrected during the appeals process.
New addresses resulting from new
construction should have been included
in the 2020 Census Address List by
participating in the Census Bureau’s
New Construction Program.
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The Census Bureau will provide 2020
Census LUCA Feedback materials to
qualifying governmental jurisdictions in
the same media format requested for the
initial LUCA review materials. The
Census Bureau will create these
materials over the span of
approximately 6 weeks starting in July
2019 and ending in September 2019.
The 2020 Census LUCA Feedback
materials are to be used by participants
as the basis for any appealed addresses.
The Census Bureau will provide 2020
Census LUCA Feedback materials to
tribal, state, or local governments that
took part in any of the following actions:
(1) Submitted updates (i.e., additions,
corrections, deletions) to city-style
(house number and street name)
addresses on the LUCA Address List, or
(2) Certified to the Census Bureau at
the end of their 2020 Census LUCA
review that the LUCA Address List was
correct and needed no update.
The 2020 Census LUCA Feedback
materials that the Census Bureau will
provide to each participating
government will document which local
address additions and updates the
Census Bureau accepted or did not
accept. The 2020 Census LUCA
Feedback materials will use the same
census blocks and mapped boundaries
as in the review phase of the operation
(i.e., with a reference date of January 1,
2017).
The 2020 Census LUCA Feedback
materials will include:
(1) A Detailed Feedback Address List
that shows each correctly formatted
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.
(2) A Full Address Count List that
shows the current residential address
counts, including those for housing
units and group quarters, for each
census block within the participant’s
jurisdiction.
(3) 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.
(4) Feedback maps that include
feature updates provided by the
participant.
Since the issuance of the May 21,
2018, Federal Register notice (83 FR
23,487) on the proposed procedures for
the 2020 Census LUCA Appeals process,
the Census Bureau made a decision not
to include the full address list as part of
the 2020 Census LUCA Feedback
materials. The Census Bureau
determined based on 2020 Census
LUCA participant experiences during
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the 2020 Census LUCA review phase
that the full address list may be more
burdensome than beneficial to
participants as part of the 2020 Census
LUCA Feedback materials.
The OMB Office of Information and
Regulatory Affairs Administrator’s
Final 2020 Census LUCA Appeals
Process
To ensure that tribal, state, and local
governments participating in the 2020
Census LUCA Operation 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
(OIRA), 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 and
make a final decision on the inclusion
of appealed addresses. This Appeals
Process will be carried out through a
temporary federal entity, the 2020
Census LUCA Appeals Office. This
section describes the final procedures
for the Appeals Process.
A. Overview of the Final 2020 Census
LUCA Appeals Process
Governmental jurisdictions that
participated in the 2020 Census LUCA
Operation and completed a review of
LUCA materials may file an appeal if
they meet the eligibility criteria. When
filing an appeal, eligible governments
must include evidence in the form of
supporting documentation that
substantiates the existence and location
of appealed addresses. (Eligible
governments are those that participated
in the 2020 Census LUCA Operation
and have addresses that are considered
to be eligible for appeal, as described
later in this Notice.) For the 2020
Census LUCA Appeals process, the
same set of supporting evidence may be
applied to a group of addresses instead
of requiring unique documentation for
each address. Eligible tribal, state, and
local governments may file an appeal
with the 2020 Census LUCA Appeals
Office and must submit their appeal
within 45 calendar days from the time
of their 2020 Census LUCA Feedback
material receipt. Appeals submitted
after the 45-day period are no longer
eligible. The 2020 Census LUCA
Appeals Office staff will notify the
submitting eligible government and the
Census Bureau of receipt of the eligible
government’s submission.
For both the 2000 Census LUCA
Appeals process and the 2010 Census
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34203
LUCA Appeals process, the appeals
process afforded 15 calendar days for
the Census Bureau to provide
information to the LUCA Appeals Office
to support the determination made for
an address or group of addresses. For
the 2020 Census LUCA Appeals process,
the Census Bureau has decided
proactively to provide to the 2020
Census LUCA Appeals Office staff readonly access to all documentation
supporting the address determination
made by the Census Bureau. This will
include read-only access to the LUCA
production control system, the LUCA
master table, and each participating
government’s LUCA Feedback material.
For this reason, the 15-day period for
the Census Bureau to provide any
additional information to support their
determination is no longer necessary.
Appeal decisions will be based on a
review of a written explanation and
supporting documentation provided to
the 2020 Census LUCA Appeals Office
staff by the eligible government and a
review of the documentation supplied
proactively by the Census Bureau
explaining how they made their address
determination. The 2020 Census LUCA
Appeals Office is scheduled to conclude
its review no later than January 3, 2020,
to ensure that its decisions are reflected
in the 2020 Census Address List used
for the nonresponse follow-up
operation. The decisions made by the
2020 Census LUCA Appeals Office will
be final.
The final eligibility criteria and
detailed requirements for appeal
submissions are provided below. New
addresses or corrections to previously
submitted addresses will not be
accepted as part of the Appeals Process.
B. Final 2020 Census LUCA Appeals
Procedures for LUCA Participants
Eligibility Criteria for Filing an Appeal
Participants who either returned
additions or corrections to the 2020
Census LUCA Address List or certified
to the Census Bureau after their LUCA
review that the 2020 Census LUCA
Address List was correct and required
no update are eligible to file an appeal.
Eligible governments may appeal
addresses that were provided during the
LUCA operation that the Census Bureau
did not accept. They may also appeal
addresses that were not commented on
during their initial LUCA review that
were since deleted from the 2020
Census LUCA Address List either by the
Census Bureau during subsequent
internal census operations or by another
level of government participating in
LUCA. However, eligible governments
may not use the Appeals Process to
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provide corrections to previously
submitted addresses.
When filing an appeal, eligible
governments must provide:
(1) Contact information for the
governmental jurisdiction filing the
appeal, along with a Confidentiality
Agreement Form for any staff member
participating in the 2020 Census LUCA
Appeals submission who has not yet
completed one;
(2) Correctly formatted address record
information for each address being
appealed; and
(3) Supporting documentation that
independently or collectively
authenticates both the existence and
location of addresses being appealed.
Each of these components are
described in further detail below:
(1) Contact Information and
Confidentiality Agreement Forms
Eligible governments must provide
the following contact information for
the governmental jurisdiction filing an
appeal:
(a) Name of the governmental
jurisdiction, and
(b) Name, mailing address, telephone
number, and electronic mail address (if
any) of that jurisdiction’s contact person
for the appeal.
(c) In addition, all staff members
participating in the 2020 Census LUCA
Appeals submission must have a
completed Confidentiality Agreement
Form on record. Eligible governments
must provide completed Confidentiality
Agreement Forms for any staff member
who did not previously complete one
for the 2020 Census LUCA Operation.
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(2) Address Information
Address information may be
submitted in computer-readable form or
on paper. The eligible government must
provide the complete address record as
it appears in the Detailed LUCA
Feedback Address List for each
appealed address. This action ensures
that the unique Control ID number as
well as the address and geographic
location are retained with the record.
The participant action code also must be
provided. This record should be
consistent with items listed below:
(a) Complete address (including the
house number, unit designator (if
applicable), street name, and Zip Code)
or if there is no address for a location,
a physical description of the housing
unit or living quarters.
(b) Control ID number, as provided by
the Census Bureau for each address
record as part of the feedback address
list.
(c) Participant submitted action code.
(d) Census Bureau processing code.
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(e) State code, County code, census
tract number, census block number, and
Latitude/Longitude coordinate location.
Additional details for submitting an
appeal are provided in Chapter 3 of the
2020 Census LUCA Feedback
Respondent Guides, available at https://
www.census.gov/programs-surveys/
decennial-census/about/luca.html.
(3) Supporting Documentation
The 2020 Census LUCA Appeals
Office requires eligible governments to
provide evidence of existence and
location for appealed addresses. To this
end, eligible governments must provide
the supporting documentation for
appealed addresses as specified in (a)
through (c) below.
For the 2020 Census LUCA Appeals
process, the same set of supporting
evidence may be applied to a group of
addresses instead of requiring unique
documentation for each address. For
example, eligible governments may
supply one set of supporting evidence
for related addresses such as those
associated with a single housing
development or complex if the set of
supporting evidence substantiates the
existence of the full set of linked
addresses. In other cases, a set of
addresses may be supported by a
written description of a detailed process
to review and verify the appealable
addresses using reliable sources. This
narrative must be supplemented with a
selection of appealed addresses
associated with an exact location and
proven with one of the evidence types
suggested by item (c) below.
Eligible governments must submit the
following supporting documentation
with their appeals:
(a) A written explanation of the
eligible government’s position that the
Appeals Office staff should adopt its
recommendations.
(b) A detailed description of the
address source(s) that help to verify the
existence of the address or group of
addresses. For each address source used
to support the existence of the address
or group of addresses, the description
should include the following:
1. Date of address source;
2. how often the address source is
updated;
3. methods used to update the source;
4. quality assurance procedure(s) used
in maintaining the address source; and
5. how the address source is used by
the eligible government and/or by the
originator of the source.
(c) Evidence to support the existence
of the appealed address. The evidence
must be linked directly to a particular
appealed address or particular set of
appealed addresses. Useful types of
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supporting evidence include, but are not
limited to:
1. Documentation of on-site
inspection or interview of residents or
neighbors;
2. Issuance of recent occupancy
permit(s) for unit(s). Building permits
are not acceptable, as they do not ensure
that a unit has been built;
3. Provision of utility records
(electricity, gas, sewer, water, telephone,
etc.) for the addresses; these records
should show that the address is not a
service to a commercial unit, or an
additional service to an existing address
(such as a second telephone line).
4. Provision of other governmental
services (housing assistance, welfare,
etc.) to residents of the unit(s);
5. Photography including aerial
photography or satellite imagery;
6. Land use maps;
7. Local 911 emergency lists, if they
distinguish residential from commercial
units;
8. Tax assessment records, if they
distinguish residential from commercial
units.
C. Deadline for an Eligible Government
To File an Appeal
The filing date for appeals by the
eligible government must be within 45
calendar days after that government’s
receipt of the 2020 Census 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 government.
The ‘‘filing date’’ for the appeals shall
be the date the appeal is transmitted,
and all appeals filed after the 45calendar day deadline are not eligible.
In order to safeguard the confidential
address materials covered by Title 13,
the transmitting of an appeal to the 2020
Census LUCA Appeals Office must
adhere to the Census Bureau’s specific
guidelines for handling materials
supplied with the feedback materials,
and must keep a record of the date it
transmits these materials to the 2020
Census LUCA Appeals Office.
D. Where To File an Appeal
Appeals must be sent to the 2020
Census LUCA Appeals Office either
electronically using the secure webincoming module described in the
feedback materials or by mail to this
address: 2020 Census LUCA Appeal
Office, Attn: LUCA Appeals Office, 1201
E. 10th Street, Jeffersonville, IN 47132.
Upon receipt of an appeal, the 2020
Census LUCA Appeals Office will send
a confirmation of receipt to the eligible
jurisdiction. The 2020 Census LUCA
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Appeals Office also will notify Census
Bureau staff of the filed appeal.
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E. Documentation and Supporting
Evidence Provided by the Census
Bureau
For both the 2000 Census and the
2010 Census, the LUCA appeals process
afforded 15 calendar days for the Census
Bureau to provide information to the
LUCA Appeals Office to support the
determination made for an address or
group of addresses. For the 2020 Census
LUCA Appeals process, the Census
Bureau has decided to provide
proactively to the LUCA Appeals Office
staff read-only access to all
documentation supporting the address
determination made by the Census
Bureau. This will include read-only
access to the LUCA production control
system, the LUCA master table, and
each participating government’s LUCA
Feedback material. For this reason, the
15-day period for the Census Bureau to
provide any additional information to
support its determination is no longer
necessary.
F. The Appeals Review and Final
Decision Process
The Appeals Process will be
administered by staff in the 2020 Census
LUCA Appeals Office. The 2020 Census
LUCA Appeals Office will operate for
approximately 15 months as a
temporary Federal entity and will
include Appeals Officers who are
trained in the procedures for processing
an appeal and in the examination and
analysis of address information,
locations of addresses and housing
units, and supporting materials. For
each appeal, the 2020 Census LUCA
Appeals Officers will review the Census
Bureau’s feedback materials and the
written explanation and supporting
evidence submitted by the eligible
government, and any materials supplied
by the Census Bureau. No testimony or
oral argument will be received by the
2020 Census LUCA Appeals Office. The
2020 Census LUCA Appeals Officers
will apply the following principles in
conducting their review:
(1) The Appeals Officer shall consider
the quality of the supporting evidence
provided by the eligible government as
the basis for determining the validity of
an address (or group of addresses) and
its (their) location(s). Indicators
demonstrating quality of supporting
evidence may include, but are not
limited to, timeliness, update methods
and frequency of update, provenance,
and congruence with other sources. For
example, useful supporting evidence
may include, but would not be limited
to, local data sources like recent
VerDate Sep<11>2014
18:05 Jul 16, 2019
Jkt 247001
documentation of an on-site inspection,
aerial photography, or a provision of
utilities to the residence.
(2) For any address for which the
Appeals Officer determines that the
quality of the supporting evidence
supplied by the eligible government and
the Census Bureau is of equal weight,
the Appeals Officer shall decide in favor
of the eligible government.
(3) For any address submitted by more
than one governmental entity for which
the Appeals Officer determines the
quality of the supporting evidence
submitted by both parties is of equal
weight, the Appeals Officer will decide
in favor of the lower level of
government.
At the conclusion of the review of an
appealed address (or group of appealed
addresses), the Appeals Officer will
prepare a draft written analysis for
review by the Director or Deputy
Director of the 2020 Census LUCA
Appeals Office. The Director or Deputy
Director will issue a written final
determination to both the eligible
government and the Census Bureau. The
written final determination will include
a brief explanation of the 2020 Census
LUCA Appeals Office decision, and will
specify which appealed addresses were
accepted and which were not accepted.
Each written final determination shall
become part of the administrative record
of the 2020 Census LUCA Appeals
Process. The decision of the 2020
Census LUCA Appeals Office is final.
The Census Bureau will include all
addresses accepted as a result of the
Appeals Process in the 2020 Census
Address List, and will attempt to
enumerate them all during the
nonresponse follow-up operation.
Inclusion in this operation does not
guarantee that a successful enumeration
will occur, or that the address will be
included in the final 2020 Census data
summaries.
G. Completion of the Appeals Process
The 2020 Census LUCA Appeals
Process is scheduled to be completed by
the end of January 2020. Appeals will be
reviewed and completed on a flow
basis, with the written final
determination issued to the concerned
parties as soon as possible.
Executive Orders 12866 and 13771
This final procedural notice is not a
significant regulatory action under
Executive Order 12866. In addition, this
final notice is not an E.O. 13771
regulatory action.
Paperwork Reduction Act
Notwithstanding any other provision
of law, no person is required to respond
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
34205
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), Chapter 35 of
Title 44 of the United States Code,
unless that collection of information
displays a current, valid Office of
Management and Budget (OMB) control
number. In accordance with the PRA,
the Census Bureau requested, on
November 14, 2016, and OMB granted,
on December 15, 2016, clearance for the
information collection requirements of
this operation (OMB Control Number
0607–0994).
Nancy Potok,
Chief Statistician, Office of Management and
Budget.
[FR Doc. 2019–15168 Filed 7–16–19; 8:45 am]
BILLING CODE 3110–01–P
MILLENNIUM CHALLENGE
CORPORATION
[MCC FR 19–04]
Millennium Challenge Corporation
Economic Advisory Council Call for
Nominations
Millennium Challenge
Corporation.
ACTION: Notice.
AGENCY:
In accordance with the
requirements of the Federal Advisory
Committee Act, 5 U.S.C.—App., the
Millennium Challenge Corporation
(MCC) is hereby soliciting
representative nominations for the MCC
Economic Advisory Council (‘‘The
EAC’’). The EAC serves MCC in a solely
advisory capacity and provides advice
and guidance to economists, evaluators,
leadership of the Department of Policy
and Evaluation (DPE), and senior MCC
leadership regarding relevant trends in
development economics, applied
economic and evaluation methods,
poverty analytics, as well as modeling,
measuring, and evaluating development
interventions, including without
limitation social and gender inclusion.
In doing so, an overarching purpose of
the EAC is to sharpen MCC’s analytical
methods and capacity in support of
continuing development effectiveness. It
also serves as a sounding board and
reference group for assessing and
advising on strategic policy innovations
and methodological directions in MCC.
The EAC focuses on issues related to
the analytical products and strategy
used as inputs to compact and threshold
program development and decision
making, on learning from MCC
experience about program effectiveness
SUMMARY:
E:\FR\FM\17JYN1.SGM
17JYN1
Agencies
[Federal Register Volume 84, Number 137 (Wednesday, July 17, 2019)]
[Notices]
[Pages 34201-34205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15168]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF MANAGEMENT AND BUDGET
Office of Information and Regulatory Affairs; Procedures for
Participating in the Appeals Process for the 2020 Census Local Update
of Census Addresses (LUCA)
AGENCY: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Executive Office of the President.
ACTION: Notice of final procedures.
-----------------------------------------------------------------------
SUMMARY: As part of implementing the Census Address List Improvement
Act of 1994, the Office of Management and Budget (OMB) publishes the
final procedures for the 2020 Census Local Update of Census Addresses
(LUCA) Appeals process, as described in the SUPPLEMENTARY INFORMATION
section below. Tribal, state and local governments participating in the
2020 Census LUCA Operation may appeal determinations made by the Census
Bureau with respect to their suggested changes to the 2020 Census
Address List. Proposed procedures were published as a notice for public
comment in the Federal Register on May 21, 2018. This final notice
summarizes the comments received on the proposed procedures, and
provides responses to those comments. For informational purposes, this
final notice further describes the 2020 Census 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: Federal Register notices are available
electronically at https://www.federalregister.gov/.
DATES: The final procedures for the 2020 Census LUCA Appeals process,
which reflect revisions based on public comment received in response to
the notice on proposed procedures, are effective immediately.
ADDRESSES: Please send any questions about the final procedures for the
2020 Census LUCA Appeals process to: Nancy Potok, Chief Statistician,
Office of Management and Budget, 9242 New Executive Office Building,
Washington, DC 20503; email:
[email protected]; fax number: (202) 395-
7245.
Correspondence about the Census Bureau's 2020 Census LUCA Operation
should be sent to: Robin Pennington, Deputy Chief, Decennial Census
Management Division Program Management Office, U.S. Census Bureau,
Washington, DC 20233; telephone: (301) 763-8132; email:
[email protected].
Because of delays in the receipt of regular mail related to
security screening, respondents are encouraged to use electronic
communications.
FOR FURTHER INFORMATION CONTACT: Kerrie Leslie, Office of Management
and Budget, 9215 New Executive Office Building, Washington, DC 20503;
telephone: (202) 395-1093; email:
[email protected], with the subject
``2020 Appeals Process Question''.
The 2020 Census LUCA Appeals Office can be reached at 301-763-6869
or via email at Appeals.gov">[email protected]Appeals.gov.
SUPPLEMENTARY INFORMATION:
The Census Address List Improvement Act of 1994
The Census Address List Improvement Act of 1994 (Pub. L. 103-430)
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 in 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
(OIRA), 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
[[Page 34202]]
Bureau. In addition, the Act 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
address 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 and suggest
updates to the census address list. The 2010 Census was the first
decennial census to invite State governments to participate in the LUCA
Operation. The 2020 Census LUCA Operation marks the first time that
address list materials sent to participants for review include the
addresses for and designations of group quarters locations.
Summary of and Responses to Comments Received on the Proposed
Procedures for Participating in the Appeals Process for the 2020 Census
Local Update of Census Addresses Operation (LUCA)
The proposed procedures for participating in the appeals process
for the 2020 Census LUCA Operation were published in the Federal
Register on May 21, 2018 (83 FR 23,487). That notice sought public
comment on the proposed procedures. OMB received 24 comments in
response to the notice and, of those, 23 advocated for a less
burdensome approach to the appeals process for both the participants
appealing the Census Bureau's determinations and the 2020 Census LUCA
Appeals Office staff. Ten comments requested that the participants have
longer than 45 days to review the Census Bureau determinations and file
an appeal. One comment was out-of-scope.
Summary of and Responses to Comments:
(1) The burden described in most of the comments was related to
providing supporting documentation for each appealed address
individually. It was suggested that it would be extremely expensive and
time-consuming for tribal, state, and local governments to provide
documents such as those recommended in the procedures for every address
that they appeal. It was suggested that a more generalized approach be
used for documenting the validity of their appealed addresses.
Response: To help alleviate the burden that participants noted in
their comments, the 2020 Census LUCA Appeals procedures have been
revised to allow a variety of approaches for providing supporting
documentation for appealed addresses. For example, the same set of
supporting evidence may be applied to a group of addresses instead of
requiring unique documentation for each address (see Section 3 on
Supporting Documentation).
(2) Comments related to the duration of the appeals process noted
that 45 days was not enough time for participants to complete the
process.
Response: While commenters suggested that the 45-day review and
submission period was not ample time to complete the process, no
changes will be made to the 45-day period. The 2020 Census LUCA Appeals
Office staff must be afforded sufficient time to review the appealed
addresses and make a determination. This, in conjunction with the
strict deadline for accepted appeals to be included in the Census
Bureau's nonresponse follow-up operation, is the reason the 45-day
timeframe cannot be extended. Thus, the timeframe for submitting an
appeal to the 2020 Census LUCA Appeals Office remains 45 days from the
date an eligible government receives their LUCA Feedback materials.
The Census Bureau's 2020 Census LUCA Operation--Background
The 2020 Census LUCA Operation was available to tribal, state, and
local governments located in areas for which the Census Bureau develops
an address list in advance of the census. This operation provided for a
review and update of the 2020 Census LUCA Address List. The Census
Bureau issued final procedures for participation in the 2020 Census
LUCA Operations in a Federal Register Notice on November 7, 2016 (81 FR
78,109). This section provides more detail on the process that tribal,
state, and local governments used to participate in the 2020 Census
LUCA Operation.
For the 2020 Census LUCA Operation, participating governments
(participants) review and provide updates to the census address list.
Participants opted to receive materials in paper or computer-readable
formats, or to use Census Bureau supplied software to update their
jurisdiction's map features and address list. Participating governments
with more than 6,000 addresses were required to use a computer readable
address list or the Census Bureau's supplied software. All LUCA
participants were required to geocode each address they added (i.e.,
identify for an individual address its correct geographic location
including the latitude/longitude coordinate location or the correct
state, county, census tract, and census block codes). Additionally, all
LUCA participants could make updates and corrections to the features on
the Census Bureau-supplied maps or digital shapefiles.
All participants were required to sign a Confidentiality Agreement
in accordance with Section 9 of Title 13 of the United States Code to
maintain the confidentiality of the census address information they
received from the Census Bureau for review. Participants received the
full 2020 Census Address List, an Address Count List, and census maps
or digital shapefiles of their jurisdiction. Participants were required
to have the means to secure the census address list containing Title 13
information, including through the time the 2020 Census LUCA Appeals
process is complete (should the participant file an appeal).
The 2020 Census LUCA Address Validation Process
Addresses submitted by 2020 Census LUCA participants were validated
by Census Bureau staff. During LUCA validation, Census Bureau staff
reviewed address updates (additions, corrections, and deletions)
supplied by the participants, including confirming that the addresses
are listed in the correct census block. Census Bureau staff then
verified, modified, or rejected the updates submitted, and when
appropriate, added, deleted, or corrected entries on the 2020 Census
LUCA Address List. Corrections to census maps based on LUCA participant
submissions were also processed. For the 2020 Census LUCA Operation,
the Census Bureau will provide feedback to LUCA participants, conveying
the Bureau's determinations of their submission of additions and
updates to the census address information, during the summer of 2019.
The 2020 Census LUCA Feedback Materials
The 2020 Census LUCA Feedback materials will reflect the
determinations made by the Census Bureau. For the 2020 LUCA Appeals
process, the participants will be able to appeal addresses rejected
from their submission during the Census Bureau's LUCA review or those
deleted by another level of government also participating in the 2020
Census LUCA Operation. Addresses may not be added or corrected during
the appeals process. New addresses resulting from new construction
should have been included in the 2020 Census Address List by
participating in the Census Bureau's New Construction Program.
[[Page 34203]]
The Census Bureau will provide 2020 Census LUCA Feedback materials
to qualifying governmental jurisdictions in the same media format
requested for the initial LUCA review materials. The Census Bureau will
create these materials over the span of approximately 6 weeks starting
in July 2019 and ending in September 2019. The 2020 Census LUCA
Feedback materials are to be used by participants as the basis for any
appealed addresses.
The Census Bureau will provide 2020 Census LUCA Feedback materials
to tribal, state, or local governments that took part in any of the
following actions:
(1) Submitted updates (i.e., additions, corrections, deletions) to
city-style (house number and street name) addresses on the LUCA Address
List, or
(2) Certified to the Census Bureau at the end of their 2020 Census
LUCA review that the LUCA Address List was correct and needed no
update.
The 2020 Census LUCA Feedback materials that the Census Bureau will
provide to each participating government will document which local
address additions and updates the Census Bureau accepted or did not
accept. The 2020 Census LUCA Feedback materials will use the same
census blocks and mapped boundaries as in the review phase of the
operation (i.e., with a reference date of January 1, 2017).
The 2020 Census LUCA Feedback materials will include:
(1) A Detailed Feedback Address List that shows each correctly
formatted 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.
(2) A Full Address Count List that shows the current residential
address counts, including those for housing units and group quarters,
for each census block within the participant's jurisdiction.
(3) 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.
(4) Feedback maps that include feature updates provided by the
participant.
Since the issuance of the May 21, 2018, Federal Register notice (83
FR 23,487) on the proposed procedures for the 2020 Census LUCA Appeals
process, the Census Bureau made a decision not to include the full
address list as part of the 2020 Census LUCA Feedback materials. The
Census Bureau determined based on 2020 Census LUCA participant
experiences during the 2020 Census LUCA review phase that the full
address list may be more burdensome than beneficial to participants as
part of the 2020 Census LUCA Feedback materials.
The OMB Office of Information and Regulatory Affairs Administrator's
Final 2020 Census LUCA Appeals Process
To ensure that tribal, state, and local governments participating
in the 2020 Census LUCA Operation 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 (OIRA), 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 and
make a final decision on the inclusion of appealed addresses. This
Appeals Process will be carried out through a temporary federal entity,
the 2020 Census LUCA Appeals Office. This section describes the final
procedures for the Appeals Process.
A. Overview of the Final 2020 Census LUCA Appeals Process
Governmental jurisdictions that participated in the 2020 Census
LUCA Operation and completed a review of LUCA materials may file an
appeal if they meet the eligibility criteria. When filing an appeal,
eligible governments must include evidence in the form of supporting
documentation that substantiates the existence and location of appealed
addresses. (Eligible governments are those that participated in the
2020 Census LUCA Operation and have addresses that are considered to be
eligible for appeal, as described later in this Notice.) For the 2020
Census LUCA Appeals process, the same set of supporting evidence may be
applied to a group of addresses instead of requiring unique
documentation for each address. Eligible tribal, state, and local
governments may file an appeal with the 2020 Census LUCA Appeals Office
and must submit their appeal within 45 calendar days from the time of
their 2020 Census LUCA Feedback material receipt. Appeals submitted
after the 45-day period are no longer eligible. The 2020 Census LUCA
Appeals Office staff will notify the submitting eligible government and
the Census Bureau of receipt of the eligible government's submission.
For both the 2000 Census LUCA Appeals process and the 2010 Census
LUCA Appeals process, the appeals process afforded 15 calendar days for
the Census Bureau to provide information to the LUCA Appeals Office to
support the determination made for an address or group of addresses.
For the 2020 Census LUCA Appeals process, the Census Bureau has decided
proactively to provide to the 2020 Census LUCA Appeals Office staff
read-only access to all documentation supporting the address
determination made by the Census Bureau. This will include read-only
access to the LUCA production control system, the LUCA master table,
and each participating government's LUCA Feedback material. For this
reason, the 15-day period for the Census Bureau to provide any
additional information to support their determination is no longer
necessary.
Appeal decisions will be based on a review of a written explanation
and supporting documentation provided to the 2020 Census LUCA Appeals
Office staff by the eligible government and a review of the
documentation supplied proactively by the Census Bureau explaining how
they made their address determination. The 2020 Census LUCA Appeals
Office is scheduled to conclude its review no later than January 3,
2020, to ensure that its decisions are reflected in the 2020 Census
Address List used for the nonresponse follow-up operation. The
decisions made by the 2020 Census LUCA Appeals Office will be final.
The final eligibility criteria and detailed requirements for appeal
submissions are provided below. New addresses or corrections to
previously submitted addresses will not be accepted as part of the
Appeals Process.
B. Final 2020 Census LUCA Appeals Procedures for LUCA Participants
Eligibility Criteria for Filing an Appeal
Participants who either returned additions or corrections to the
2020 Census LUCA Address List or certified to the Census Bureau after
their LUCA review that the 2020 Census LUCA Address List was correct
and required no update are eligible to file an appeal.
Eligible governments may appeal addresses that were provided during
the LUCA operation that the Census Bureau did not accept. They may also
appeal addresses that were not commented on during their initial LUCA
review that were since deleted from the 2020 Census LUCA Address List
either by the Census Bureau during subsequent internal census
operations or by another level of government participating in LUCA.
However, eligible governments may not use the Appeals Process to
[[Page 34204]]
provide corrections to previously submitted addresses.
When filing an appeal, eligible governments must provide:
(1) Contact information for the governmental jurisdiction filing
the appeal, along with a Confidentiality Agreement Form for any staff
member participating in the 2020 Census LUCA Appeals submission who has
not yet completed one;
(2) Correctly formatted address record information for each address
being appealed; and
(3) Supporting documentation that independently or collectively
authenticates both the existence and location of addresses being
appealed.
Each of these components are described in further detail below:
(1) Contact Information and Confidentiality Agreement Forms
Eligible governments must provide the following contact information
for the governmental jurisdiction filing an appeal:
(a) Name of the governmental jurisdiction, and
(b) Name, mailing address, telephone number, and electronic mail
address (if any) of that jurisdiction's contact person for the appeal.
(c) In addition, all staff members participating in the 2020 Census
LUCA Appeals submission must have a completed Confidentiality Agreement
Form on record. Eligible governments must provide completed
Confidentiality Agreement Forms for any staff member who did not
previously complete one for the 2020 Census LUCA Operation.
(2) Address Information
Address information may be submitted in computer-readable form or
on paper. The eligible government must provide the complete address
record as it appears in the Detailed LUCA Feedback Address List for
each appealed address. This action ensures that the unique Control ID
number as well as the address and geographic location are retained with
the record. The participant action code also must be provided. This
record should be consistent with items listed below:
(a) Complete address (including the house number, unit designator
(if applicable), street name, and Zip Code) or if there is no address
for a location, a physical description of the housing unit or living
quarters.
(b) Control ID number, as provided by the Census Bureau for each
address record as part of the feedback address list.
(c) Participant submitted action code.
(d) Census Bureau processing code.
(e) State code, County code, census tract number, census block
number, and Latitude/Longitude coordinate location.
Additional details for submitting an appeal are provided in Chapter
3 of the 2020 Census LUCA Feedback Respondent Guides, available at
https://www.census.gov/programs-surveys/decennial-census/about/luca.html.
(3) Supporting Documentation
The 2020 Census LUCA Appeals Office requires eligible governments
to provide evidence of existence and location for appealed addresses.
To this end, eligible governments must provide the supporting
documentation for appealed addresses as specified in (a) through (c)
below.
For the 2020 Census LUCA Appeals process, the same set of
supporting evidence may be applied to a group of addresses instead of
requiring unique documentation for each address. For example, eligible
governments may supply one set of supporting evidence for related
addresses such as those associated with a single housing development or
complex if the set of supporting evidence substantiates the existence
of the full set of linked addresses. In other cases, a set of addresses
may be supported by a written description of a detailed process to
review and verify the appealable addresses using reliable sources. This
narrative must be supplemented with a selection of appealed addresses
associated with an exact location and proven with one of the evidence
types suggested by item (c) below.
Eligible governments must submit the following supporting
documentation with their appeals:
(a) A written explanation of the eligible government's position
that the Appeals Office staff should adopt its recommendations.
(b) A detailed description of the address source(s) that help to
verify the existence of the address or group of addresses. For each
address source used to support the existence of the address or group of
addresses, the description should include the following:
1. Date of address source;
2. how often the address source is updated;
3. methods used to update the source;
4. quality assurance procedure(s) used in maintaining the address
source; and
5. how the address source is used by the eligible government and/or
by the originator of the source.
(c) Evidence to support the existence of the appealed address. The
evidence must be linked directly to a particular appealed address or
particular set of appealed addresses. Useful types of supporting
evidence include, but are not limited to:
1. Documentation of on-site inspection or interview of residents or
neighbors;
2. Issuance of recent occupancy permit(s) for unit(s). Building
permits are not acceptable, as they do not ensure that a unit has been
built;
3. Provision of utility records (electricity, gas, sewer, water,
telephone, etc.) for the addresses; these records should show that the
address is not a service to a commercial unit, or an additional service
to an existing address (such as a second telephone line).
4. Provision of other governmental services (housing assistance,
welfare, etc.) to residents of the unit(s);
5. Photography including aerial photography or satellite imagery;
6. Land use maps;
7. Local 911 emergency lists, if they distinguish residential from
commercial units;
8. Tax assessment records, if they distinguish residential from
commercial units.
C. Deadline for an Eligible Government To File an Appeal
The filing date for appeals by the eligible government must be
within 45 calendar days after that government's receipt of the 2020
Census 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 government. The
``filing date'' for the appeals shall be the date the appeal is
transmitted, and all appeals filed after the 45-calendar day deadline
are not eligible.
In order to safeguard the confidential address materials covered by
Title 13, the transmitting of an appeal to the 2020 Census LUCA Appeals
Office must adhere to the Census Bureau's specific guidelines for
handling materials supplied with the feedback materials, and must keep
a record of the date it transmits these materials to the 2020 Census
LUCA Appeals Office.
D. Where To File an Appeal
Appeals must be sent to the 2020 Census LUCA Appeals Office either
electronically using the secure web-incoming module described in the
feedback materials or by mail to this address: 2020 Census LUCA Appeal
Office, Attn: LUCA Appeals Office, 1201 E. 10th Street, Jeffersonville,
IN 47132.
Upon receipt of an appeal, the 2020 Census LUCA Appeals Office will
send a confirmation of receipt to the eligible jurisdiction. The 2020
Census LUCA
[[Page 34205]]
Appeals Office also will notify Census Bureau staff of the filed
appeal.
E. Documentation and Supporting Evidence Provided by the Census Bureau
For both the 2000 Census and the 2010 Census, the LUCA appeals
process afforded 15 calendar days for the Census Bureau to provide
information to the LUCA Appeals Office to support the determination
made for an address or group of addresses. For the 2020 Census LUCA
Appeals process, the Census Bureau has decided to provide proactively
to the LUCA Appeals Office staff read-only access to all documentation
supporting the address determination made by the Census Bureau. This
will include read-only access to the LUCA production control system,
the LUCA master table, and each participating government's LUCA
Feedback material. For this reason, the 15-day period for the Census
Bureau to provide any additional information to support its
determination is no longer necessary.
F. The Appeals Review and Final Decision Process
The Appeals Process will be administered by staff in the 2020
Census LUCA Appeals Office. The 2020 Census LUCA Appeals Office will
operate for approximately 15 months as a temporary Federal entity and
will include Appeals Officers who are trained in the procedures for
processing an appeal and in the examination and analysis of address
information, locations of addresses and housing units, and supporting
materials. For each appeal, the 2020 Census LUCA Appeals Officers will
review the Census Bureau's feedback materials and the written
explanation and supporting evidence submitted by the eligible
government, and any materials supplied by the Census Bureau. No
testimony or oral argument will be received by the 2020 Census LUCA
Appeals Office. The 2020 Census LUCA Appeals Officers will apply the
following principles in conducting their review:
(1) The Appeals Officer shall consider the quality of the
supporting evidence provided by the eligible government as the basis
for determining the validity of an address (or group of addresses) and
its (their) location(s). Indicators demonstrating quality of supporting
evidence may include, but are not limited to, timeliness, update
methods and frequency of update, provenance, and congruence with other
sources. For example, useful supporting evidence may include, but would
not be limited to, local data sources like recent documentation of an
on-site inspection, aerial photography, or a provision of utilities to
the residence.
(2) For any address for which the Appeals Officer determines that
the quality of the supporting evidence supplied by the eligible
government and the Census Bureau is of equal weight, the Appeals
Officer shall decide in favor of the eligible government.
(3) For any address submitted by more than one governmental entity
for which the Appeals Officer determines the quality of the supporting
evidence submitted by both parties is of equal weight, the Appeals
Officer will decide in favor of the lower level of government.
At the conclusion of the review of an appealed address (or group of
appealed addresses), the Appeals Officer will prepare a draft written
analysis for review by the Director or Deputy Director of the 2020
Census LUCA Appeals Office. The Director or Deputy Director will issue
a written final determination to both the eligible government and the
Census Bureau. The written final determination will include a brief
explanation of the 2020 Census LUCA Appeals Office decision, and will
specify which appealed addresses were accepted and which were not
accepted. Each written final determination shall become part of the
administrative record of the 2020 Census LUCA Appeals Process. The
decision of the 2020 Census LUCA Appeals Office is final. The Census
Bureau will include all addresses accepted as a result of the Appeals
Process in the 2020 Census Address List, and will attempt to enumerate
them all during the nonresponse follow-up operation. Inclusion in this
operation does not guarantee that a successful enumeration will occur,
or that the address will be included in the final 2020 Census data
summaries.
G. Completion of the Appeals Process
The 2020 Census LUCA Appeals Process is scheduled to be completed
by the end of January 2020. Appeals will be reviewed and completed on a
flow basis, with the written final determination issued to the
concerned parties as soon as possible.
Executive Orders 12866 and 13771
This final procedural notice is not a significant regulatory action
under Executive Order 12866. In addition, this final notice is not an
E.O. 13771 regulatory action.
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), Chapter 35 of Title 44 of the
United States Code, unless that collection of information displays a
current, valid Office of Management and Budget (OMB) control number. In
accordance with the PRA, the Census Bureau requested, on November 14,
2016, and OMB granted, on December 15, 2016, clearance for the
information collection requirements of this operation (OMB Control
Number 0607-0994).
Nancy Potok,
Chief Statistician, Office of Management and Budget.
[FR Doc. 2019-15168 Filed 7-16-19; 8:45 am]
BILLING CODE 3110-01-P