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]

Download as PDF Federal Register / Vol. 84, No. 137 / Wednesday, July 17, 2019 / Notices intends to file additional written notifications disclosing all changes in membership. On March 28, 2000, Advanced Media Workflow Association, Inc. filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on June 29, 2000 (65 FR 40127). The last notification was filed with the Department on March 21, 2019. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on April 12, 2019 (84 FR 14973). Suzanne Morris, Chief, Premerger and Division Statistics Unit, Antitrust Division. [FR Doc. 2019–15122 Filed 7–16–19; 8:45 am] Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on July 15, 2009 (74 FR 34364). The last notification was filed with the Department on April 8, 2019. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on May 2, 2019 (84 FR 18864). Suzanne Morris, Chief, Premerger and Division Statistics Unit, Antitrust Division. [FR Doc. 2019–15149 Filed 7–16–19; 8:45 am] 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 jbell on DSK3GLQ082PROD with NOTICES 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 project remains open, and Pistoia 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 VerDate Sep<11>2014 18:05 Jul 16, 2019 Jkt 247001 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: PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 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 E:\FR\FM\17JYN1.SGM 17JYN1 34202 Federal Register / Vol. 84, No. 137 / Wednesday, July 17, 2019 / Notices jbell on DSK3GLQ082PROD with NOTICES 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 VerDate Sep<11>2014 18:05 Jul 16, 2019 Jkt 247001 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 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 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. E:\FR\FM\17JYN1.SGM 17JYN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 137 / Wednesday, July 17, 2019 / Notices 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 VerDate Sep<11>2014 18:05 Jul 16, 2019 Jkt 247001 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 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 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 E:\FR\FM\17JYN1.SGM 17JYN1 34204 Federal Register / Vol. 84, No. 137 / Wednesday, July 17, 2019 / Notices 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. jbell on DSK3GLQ082PROD with NOTICES (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. VerDate Sep<11>2014 18:05 Jul 16, 2019 Jkt 247001 (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 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 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 E:\FR\FM\17JYN1.SGM 17JYN1 Federal Register / Vol. 84, No. 137 / Wednesday, July 17, 2019 / Notices Appeals Office also will notify Census Bureau staff of the filed appeal. jbell on DSK3GLQ082PROD with NOTICES 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]


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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