Resumption of the Population Estimates Challenge Program, 71240-71242 [2022-25413]

Download as PDF 71240 Federal Register / Vol. 87, No. 224 / Tuesday, November 22, 2022 / Rules and Regulations NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 14 CFR Part 1212 [Document Number NASA–22–072; Docket Number–NASA–2022–0004] RIN 2700–AE66 Social Security Number Fraud Prevention Act of 2017 Implementation National Aeronautics and Space Administration. ACTION: Final rule. AGENCY: The National Aeronautics and Space Administration (NASA) is finalizing amendments to its regulations under the Privacy Act. The revisions clarify and update procedural requirements on documents the Agency sends by mail which include Social Security numbers (SSNs). These revisions implement the Social Security Number Fraud Prevention Act of 2017 restricting the inclusion of SSNs on documents sent by mail by the Federal Government. DATES: Effective December 22, 2022. FOR FURTHER INFORMATION CONTACT: Stayce Hoult, Office of the Chief Information Officer, 256–544–7705. SUPPLEMENTARY INFORMATION: Authority and Background: The Social Security Number Fraud Prevention Act of 2017 (the Act) (Pub. L. 115–59; 42 U.S.C. 405 note), restricts Federal agencies from including individuals’ SSNs on documents sent by mail, unless the head of the agency determines that the inclusion of the SSN on the document is necessary (section 2(a) of the Act). The Act requires agency heads to issue regulations specifying the circumstances under which inclusion of an SSN on a document sent by mail is necessary. These regulations, which must be issued no later than five years after the date of enactment, shall include instructions for the partial redaction of SSNs where feasible, and shall require that SSNs not be visible on the outside of any package sent by mail (section 2(b) of the Act). Discussion of Public Comments Received: NASA published a proposed rule in the Federal Register at 87 FR 46908 on August 1, 2022, to amend to its regulations at 14 CFR part 1212, subpart 1212.6. The Agency received one comment from an individual that expressed the importance of keeping SSNs safe to prevent fraud, one comment from an individual that expressed the importance of continuously updating and clarifying all revisions pertaining to SSNs because citizens value and expect privacy, and khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:01 Nov 21, 2022 Jkt 259001 one comment from an individual who provided information about Social Security income that is not related to this rule. As no significant issues or questions were raised by the commenters, NASA is issuing this final rule with no changes from the version proposed in August. Executive order. Therefore, no federalism assessment is required. Regulatory Analysis PART 1212—PRIVACY ACT—NASA REGULATIONS Executive Order 12866, Regulatory Planning and Review, and Executive Order 13563, Improving Regulation and Regulatory Review Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits of reducing costs, harmonizing rules, and promoting flexibility. This final rule is not a significant regulatory action under section 3(f) of Executive Order 12866 and was not reviewed by the Office of Management and Budget. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an agency to prepare an initial regulatory flexibility analysis to be published at the time the final rule is published. This requirement does not apply if the agency ‘‘certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities’’ (5 U.S.C. 605(b)). This final rule does not have any economic impact on small entities. List of Subjects in 14 CFR Part 1212 Privacy, Privacy Act. For reasons discussed in the preamble, NASA amends 14 CFR part 1212 as follows: 1. The authority citation for part 1212 is revised to read as follows: ■ Authority: 51 U.S.C. 20101 et seq.; 5 U.S.C. 552a; Pub. L. 115–59, 131 Stat. 1152 (42 U.S.C. 405 note). 2. In § 1212.604, add paragraph (c) to read as follows: ■ § 1212.604 Social security numbers. * * * * * (c) When sending physical mail, NASA will adhere to the following: (1) Social Security account numbers shall not be visible on the outside of any package sent by mail. (2) A document sent by mail may only include the Social Security account number of an individual if it is determined by the Administrator that the inclusion of a Social Security account number is necessary. (3) The inclusion of a Social Security account number of an individual on a document sent by mail is necessary when— (i) Required by law; or (ii) Necessary to identify a specific individual and no adequate substitute is available. (4) Social Security account numbers must be partially redacted in documents sent by mail whenever feasible. Nanette Smith, Team Lead, NASA Directives and Regulations. [FR Doc. 2022–25239 Filed 11–21–22; 8:45 am] Review Under the Paperwork Reduction Act BILLING CODE P This final rule does not contain any information collection requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). DEPARTMENT OF COMMERCE Review Under Executive Order of 13132 15 CFR Part 90 Executive Order 13132, ‘‘Federalism,’’ 64 FR 43255 (August 4, 1999), requires regulations be reviewed for federalism effects on the institutional interest of states and local governments, and, if the effects are sufficiently substantial, preparation of the Federal assessment is required to assist senior policy makers. The amendments will not have any direct effects on state and local governments within the meaning of the PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 Census Bureau [Docket Number: 221116–0242] RIN 0607–AA57 Resumption of the Population Estimates Challenge Program Census Bureau, Department of Commerce. ACTION: Final rule. AGENCY: The Bureau of the Census (Census Bureau) is resuming the SUMMARY: E:\FR\FM\22NOR1.SGM 22NOR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 87, No. 224 / Tuesday, November 22, 2022 / Rules and Regulations Population Estimates Challenge Program to provide eligible governmental units the opportunity to file requests for the review of population estimates for 2021 and subsequent years in forthcoming estimates series, beginning with the Vintage 2022 series that is scheduled to be published in 2023. This document lifts the stay of the Population Estimates Challenge Program regulations. This document does not implement revisions to the program or its requirements. The Census Bureau has published a proposed rule elsewhere in this issue of the Federal Register announcing the program’s current requirements and soliciting comments about how the program might be improved. DATES: Effective on November 22, 2022. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Amel Toukabri, Chief, Local Government Estimates and Migration Processing Branch, 301–763– 2461, and POP.Challenge@census.gov. SUPPLEMENTARY INFORMATION: The Census Bureau typically prepares, in most years between decennial censuses, statistical estimates of the number of people residing in states and their governmental units. Under 15 CFR part 90, ‘‘Procedure for Challenging Population Estimates,’’ the Census Bureau generally provides generalpurpose governmental units the opportunity to seek a review of these estimates by providing additional data to the Census Bureau’s Population Estimates Program as evidence relating to the accuracy of the estimates. In most years, a general-purpose governmental unit may file a challenge to its population estimate any time up to 90 days after the release of the estimate by the Census Bureau on its website. The Census Bureau, upon receipt of appropriate documentation to support the challenge, will attempt to resolve the discrepancy with the governmental unit in a timely manner. With this publication, the Census Bureau provides notice that it is now resuming the Population Estimates Challenge Program to provide eligible governmental units the opportunity to challenge population estimates for 2021 and subsequent years in forthcoming estimates series, beginning with the Vintage 2022 series that is scheduled to be published in 2023. Previously, the Census Bureau published a final rule on January 9, 2020, in the Federal Register (85 FR 1100) to announce that it would temporarily suspend the Population Estimates Challenge Program to accommodate the taking of the 2020 Census. This suspension ensured that VerDate Sep<11>2014 16:01 Nov 21, 2022 Jkt 259001 the Bureau could allocate sufficient resources to conduct and complete the 2020 decennial census, including time for the Census Bureau’s Population Division staff to effectively review and evaluate the 2020 Census results, and to assist with other important post-Census activities, including the development of the 2020 Demographic Analysis estimates of net coverage error and expediting the dissemination of the Vintage 2020 estimates products for use as a benchmark in 2020 Census evaluations. The Census Bureau has previously suspended the Population Estimates Challenge Program around the time of other censuses, and the program is typically resumed when staff assigned to decennial census-related work complete those assignments and become available to reinstate and support the operation of the Population Estimates Challenge Program. For example, the Population Estimates Challenge Program was suspended in 2010 in support of work pertaining to the 2010 Census and then resumed in 2013.1 The Census Bureau had planned to resume the Population Estimates Challenge Program in 2022; however, those efforts were delayed as a result of significant and unexpected changes to the operational schedule for the 2020 Census, which were primarily caused by the effects of the COVID–19 pandemic and related mitigation measures.2 Most notably, 2020 Census field operations were interrupted and delayed due to lockdown orders and health concerns which prevented data collection activities from proceeding on their original schedule. For example, the Nonresponse Followup Operation was originally scheduled for May 13, 2020, to July 31, 2020, but the actual dates for the operation were July 16, 2020, to October 15, 2020. The Population Estimates Program depends on the decennial census data to serve as the starting point (or estimates base) for each new decade of annual population estimates. The schedule changes described above translated into significant and unexpected delays for processing of the 2020 Census data and the subsequent availability of data files required to research and develop the April 1, 2020 estimates base for the 2021 estimates series known as ‘‘Vintage 2021.’’ These files only became available for use by the Population 1 Resumption of the Population Estimates Program, 78 FR 255 (January 3, 2013) (to be effective on February 4, 2013). https:// www.federalregister.gov/d/2012-31598. 2 https://www.census.gov/programs-surveys/ decennial-census/decade/2020/planningmanagement/operational-adjustments.html. PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 71241 Estimates Program on June 24, 2021, instead of the originally projected date of January 25, 2021. The resulting work leveraging these files to develop population estimates for subcounty geographies was completed on April 7, 2022, instead of the originally projected completion in early fall 2021. The methodology that is used to create the estimates informs what components of the estimates are subject to challenge. As a result, the supporting materials for the Population Estimates Challenge Program, such as the Review Guide for the Population Estimates Challenge Program, could not be finalized until the method to develop the estimates of population for subcounty geographies had been completed to ensure that the materials made available feature current methodologies and input data requirements. Once it became clear that the amount of time remaining to reinstate the Population Estimates Challenge Program for the Vintage 2021 estimates series was insufficient, the timeline for resuming the program was updated on the Census Bureau’s website, in February 2022.3 The Census Bureau will resume accepting challenges to the population estimates as of November 22, 2022. At that time, states, counties, and other units of general-purpose government may initiate challenges to population estimates under the procedures set forth in 15 CFR part 90. The Census Bureau will accept challenges to the estimates for 2021 and subsequent years in forthcoming estimates series, beginning with the Vintage 2022 series that is scheduled to be published in March and May of 2023. Challenges to previous estimates series will not be accepted. See 15 CFR 90.6(a) (‘‘A request for a challenge to a population estimate may be filed any time up to 90 days after the release of the estimate by the Census Bureau.’’). Although the Census Bureau has the discretion to accept untimely requests in certain circumstances, see id. § 90.6(b), this is not an appropriate circumstance to exercise such discretion, given the need to prioritize the agency’s limited resources to prepare the forthcoming 2022 estimates, and to ensure that sufficient resources and program materials are available to support the operation of the Challenge Program and the evaluation of future challenges received. Classification Executive Order 12866: It has been determined that this rule is not significant for purposes of E.O. 12866. 3 https://www.census.gov/programs-surveys/ popest/about/challenge-program.html. E:\FR\FM\22NOR1.SGM 22NOR1 71242 Federal Register / Vol. 87, No. 224 / Tuesday, November 22, 2022 / Rules and Regulations Executive Order 13132: It has been determined that this rule does not contain policies with federalism implications as that term is defined in E.O. 13132. Administrative Procedure Act: The provisions of the Administrative Procedure Act (APA) requiring prior notice and opportunity for public comment are inapplicable under 5 U.S.C. 553(b)(B) because prior notice and opportunity for public comment is impracticable, unnecessary, and contrary to the public interest, given the agency’s desire and ability to restart this program after an extended period of suspension to accommodate the decennial census and COVID–19-related delays. The Population Estimates Challenge Program is routinely suspended during decennial census operations in order to ensure that resources within the Population Division are allocated toward reviewing and evaluating the decennial census results. This rule only resumes the suspended program. This rule does not implement revisions to the program or its requirements. Furthermore, there is good cause to waive the thirty-day delay in effective date pursuant to 5 U.S.C. 553(d)(3), as this rule does not burden any regulated entity, including state and local governments such as county, city, town, or village. Moreover, allowing an additional thirty days before challenges is not practicable since entities have expected the return of the Population Estimates Challenge Program. Regulatory Flexibility Act: Because a notice of proposed rulemaking and an opportunity for public comment are not required for this rule by 5 U.S.C. 553, or by any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared. Robert L. Santos, Director, Census Bureau, approved the publication of this rule in the Federal Register. List of Subjects in 15 CFR Part 90 khammond on DSKJM1Z7X2PROD with RULES Administrative practice and procedure, Census data, State and local governments. PART 90—PROCEDURE FOR CHALLENGING POPULATION ESTIMATES For the reason stated in the preamble, and under the authority of 13 U.S.C. 4 and 181, the stay of 15 CFR part 90 is lifted effective November 22, 2022. ■ VerDate Sep<11>2014 16:01 Nov 21, 2022 Jkt 259001 Dated: November 17, 2022. Shannon Wink, Program Analyst, Policy Coordination Office, U.S. Census Bureau. [FR Doc. 2022–25413 Filed 11–21–22; 8:45 am] BILLING CODE 3510–07–P CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1460 [Docket No. CPSC–2015–0006] Children’s Gasoline Burn Prevention Act Regulation Consumer Product Safety Commission. ACTION: Direct final rule. AGENCY: The Children’s Gasoline Burn Prevention Act (CGBPA or the Act) mandated, as a consumer product safety rule, the child-resistance requirements for closures on portable gasoline containers published in the voluntary standard, ASTM F2517–05. ASTM F2517 was revised in 2015 and 2017, and the U.S. Consumer Product Safety Commission (CPSC) allowed those revisions to become mandatory pursuant to the Act. On September 1, 2022, the Commission received notice that ASTM F2517 has been revised again. In this direct final rule, the Commission evaluates the revised ASTM F2517–22e1 standard and finds that the revisions carry out the purposes of the CGBPA. Accordingly, pursuant to the Act, the 2022 revisions to the childresistance requirements of ASTM F2517 will be incorporated into the mandatory standard for closures on portable gasoline containers. This direct final rule updates the Commission’s regulation to reflect that the requirements for closures on portable gasoline containers must meet the requirements in ASTM F2517–22e1. DATES: The rule is effective on December 22, 2022, unless CPSC receives a significant adverse comment by December 7, 2022. If CPSC receives such a comment, it will publish a notice in the Federal Register, withdrawing this direct final rule before its effective date. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of December 22, 2022. ADDRESSES: You can submit comments, identified by Docket No. CPSC–2015– 0006, by any of the following methods: Electronic Submissions: Submit electronic comments to the Federal eRulemaking Portal at: www.regulations.gov. Follow the SUMMARY: PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 instructions for submitting comments. Do not submit through this website: confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. CPSC typically does not accept comments submitted by electronic mail (email), except as described below. Mail/hand delivery/courier/ confidential Written Submissions: CPSC encourages you to submit electronic comments by using the Federal eRulemaking Portal. You may, however, submit comments by mail, hand delivery, or courier to: Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone: (301) 504–7479. Instructions: All submissions must include the agency name and docket number. CPSC may post all comments without change, including any personal identifiers, contact information, or other personal information provided, to: www.regulations.gov. If you wish to submit confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public, you may submit such comments by mail, hand delivery, or courier, or you may email them to: cpscos@cpsc.gov. Docket: For access to the docket to read background documents or comments received, go to: www.regulations.gov, and insert the docket number, CPSC–2015–0006, into the ‘‘Search’’ box, and follow the prompts. FOR FURTHER INFORMATION CONTACT: Julio A. Alvarado, Office of Compliance and Field Operations, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814–4408; telephone (301) 504–7418; jalvarado@ cpsc.gov. SUPPLEMENTARY INFORMATION: A. Background The CGBPA was enacted on July 17, 2008. Section 2(b) of the Act requires that each portable gasoline container manufactured on or after January 17, 2009, for sale in the United States, ‘‘shall conform to the child-resistance requirements for closures on portable gasoline containers specified in the standard ASTM F2715–05,’’ Standard Specification for Determination of Child Resistance of Portable Fuel Containers for Consumer Use. CGBPA, Public Law 110–278; 122 Stat. 2602, Sec. 2(b) (July 17, 2008), codified as a note to 15 U.S.C. 2056. ASTM F2715–05 established requirements for determining the child E:\FR\FM\22NOR1.SGM 22NOR1

Agencies

[Federal Register Volume 87, Number 224 (Tuesday, November 22, 2022)]
[Rules and Regulations]
[Pages 71240-71242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25413]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Census Bureau

15 CFR Part 90

[Docket Number: 221116-0242]
RIN 0607-AA57


Resumption of the Population Estimates Challenge Program

AGENCY: Census Bureau, Department of Commerce.

ACTION: Final rule.

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

SUMMARY: The Bureau of the Census (Census Bureau) is resuming the

[[Page 71241]]

Population Estimates Challenge Program to provide eligible governmental 
units the opportunity to file requests for the review of population 
estimates for 2021 and subsequent years in forthcoming estimates 
series, beginning with the Vintage 2022 series that is scheduled to be 
published in 2023. This document lifts the stay of the Population 
Estimates Challenge Program regulations. This document does not 
implement revisions to the program or its requirements. The Census 
Bureau has published a proposed rule elsewhere in this issue of the 
Federal Register announcing the program's current requirements and 
soliciting comments about how the program might be improved.

DATES: Effective on November 22, 2022.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to Amel Toukabri, Chief, Local Government Estimates 
and Migration Processing Branch, 301-763-2461, and 
[email protected].

SUPPLEMENTARY INFORMATION: The Census Bureau typically prepares, in 
most years between decennial censuses, statistical estimates of the 
number of people residing in states and their governmental units. Under 
15 CFR part 90, ``Procedure for Challenging Population Estimates,'' the 
Census Bureau generally provides general-purpose governmental units the 
opportunity to seek a review of these estimates by providing additional 
data to the Census Bureau's Population Estimates Program as evidence 
relating to the accuracy of the estimates. In most years, a general-
purpose governmental unit may file a challenge to its population 
estimate any time up to 90 days after the release of the estimate by 
the Census Bureau on its website. The Census Bureau, upon receipt of 
appropriate documentation to support the challenge, will attempt to 
resolve the discrepancy with the governmental unit in a timely manner.
    With this publication, the Census Bureau provides notice that it is 
now resuming the Population Estimates Challenge Program to provide 
eligible governmental units the opportunity to challenge population 
estimates for 2021 and subsequent years in forthcoming estimates 
series, beginning with the Vintage 2022 series that is scheduled to be 
published in 2023.
    Previously, the Census Bureau published a final rule on January 9, 
2020, in the Federal Register (85 FR 1100) to announce that it would 
temporarily suspend the Population Estimates Challenge Program to 
accommodate the taking of the 2020 Census. This suspension ensured that 
the Bureau could allocate sufficient resources to conduct and complete 
the 2020 decennial census, including time for the Census Bureau's 
Population Division staff to effectively review and evaluate the 2020 
Census results, and to assist with other important post-Census 
activities, including the development of the 2020 Demographic Analysis 
estimates of net coverage error and expediting the dissemination of the 
Vintage 2020 estimates products for use as a benchmark in 2020 Census 
evaluations.
    The Census Bureau has previously suspended the Population Estimates 
Challenge Program around the time of other censuses, and the program is 
typically resumed when staff assigned to decennial census-related work 
complete those assignments and become available to reinstate and 
support the operation of the Population Estimates Challenge Program. 
For example, the Population Estimates Challenge Program was suspended 
in 2010 in support of work pertaining to the 2010 Census and then 
resumed in 2013.\1\
---------------------------------------------------------------------------

    \1\ Resumption of the Population Estimates Program, 78 FR 255 
(January 3, 2013) (to be effective on February 4, 2013). https://www.federalregister.gov/d/2012-31598.
---------------------------------------------------------------------------

    The Census Bureau had planned to resume the Population Estimates 
Challenge Program in 2022; however, those efforts were delayed as a 
result of significant and unexpected changes to the operational 
schedule for the 2020 Census, which were primarily caused by the 
effects of the COVID-19 pandemic and related mitigation measures.\2\ 
Most notably, 2020 Census field operations were interrupted and delayed 
due to lockdown orders and health concerns which prevented data 
collection activities from proceeding on their original schedule. For 
example, the Nonresponse Followup Operation was originally scheduled 
for May 13, 2020, to July 31, 2020, but the actual dates for the 
operation were July 16, 2020, to October 15, 2020.
---------------------------------------------------------------------------

    \2\ https://www.census.gov/programs-surveys/decennial-census/decade/2020/planning-management/operational-adjustments.html.
---------------------------------------------------------------------------

    The Population Estimates Program depends on the decennial census 
data to serve as the starting point (or estimates base) for each new 
decade of annual population estimates. The schedule changes described 
above translated into significant and unexpected delays for processing 
of the 2020 Census data and the subsequent availability of data files 
required to research and develop the April 1, 2020 estimates base for 
the 2021 estimates series known as ``Vintage 2021.'' These files only 
became available for use by the Population Estimates Program on June 
24, 2021, instead of the originally projected date of January 25, 2021. 
The resulting work leveraging these files to develop population 
estimates for subcounty geographies was completed on April 7, 2022, 
instead of the originally projected completion in early fall 2021. The 
methodology that is used to create the estimates informs what 
components of the estimates are subject to challenge. As a result, the 
supporting materials for the Population Estimates Challenge Program, 
such as the Review Guide for the Population Estimates Challenge 
Program, could not be finalized until the method to develop the 
estimates of population for subcounty geographies had been completed to 
ensure that the materials made available feature current methodologies 
and input data requirements. Once it became clear that the amount of 
time remaining to reinstate the Population Estimates Challenge Program 
for the Vintage 2021 estimates series was insufficient, the timeline 
for resuming the program was updated on the Census Bureau's website, in 
February 2022.\3\
---------------------------------------------------------------------------

    \3\ https://www.census.gov/programs-surveys/popest/about/challenge-program.html.
---------------------------------------------------------------------------

    The Census Bureau will resume accepting challenges to the 
population estimates as of November 22, 2022. At that time, states, 
counties, and other units of general-purpose government may initiate 
challenges to population estimates under the procedures set forth in 15 
CFR part 90. The Census Bureau will accept challenges to the estimates 
for 2021 and subsequent years in forthcoming estimates series, 
beginning with the Vintage 2022 series that is scheduled to be 
published in March and May of 2023. Challenges to previous estimates 
series will not be accepted. See 15 CFR 90.6(a) (``A request for a 
challenge to a population estimate may be filed any time up to 90 days 
after the release of the estimate by the Census Bureau.''). Although 
the Census Bureau has the discretion to accept untimely requests in 
certain circumstances, see id. Sec.  90.6(b), this is not an 
appropriate circumstance to exercise such discretion, given the need to 
prioritize the agency's limited resources to prepare the forthcoming 
2022 estimates, and to ensure that sufficient resources and program 
materials are available to support the operation of the Challenge 
Program and the evaluation of future challenges received.

Classification

    Executive Order 12866: It has been determined that this rule is not 
significant for purposes of E.O. 12866.

[[Page 71242]]

    Executive Order 13132: It has been determined that this rule does 
not contain policies with federalism implications as that term is 
defined in E.O. 13132.
    Administrative Procedure Act: The provisions of the Administrative 
Procedure Act (APA) requiring prior notice and opportunity for public 
comment are inapplicable under 5 U.S.C. 553(b)(B) because prior notice 
and opportunity for public comment is impracticable, unnecessary, and 
contrary to the public interest, given the agency's desire and ability 
to restart this program after an extended period of suspension to 
accommodate the decennial census and COVID-19-related delays. The 
Population Estimates Challenge Program is routinely suspended during 
decennial census operations in order to ensure that resources within 
the Population Division are allocated toward reviewing and evaluating 
the decennial census results. This rule only resumes the suspended 
program. This rule does not implement revisions to the program or its 
requirements. Furthermore, there is good cause to waive the thirty-day 
delay in effective date pursuant to 5 U.S.C. 553(d)(3), as this rule 
does not burden any regulated entity, including state and local 
governments such as county, city, town, or village. Moreover, allowing 
an additional thirty days before challenges is not practicable since 
entities have expected the return of the Population Estimates Challenge 
Program.
    Regulatory Flexibility Act:
    Because a notice of proposed rulemaking and an opportunity for 
public comment are not required for this rule by 5 U.S.C. 553, or by 
any other law, the analytical requirements of the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly, 
no regulatory flexibility analysis is required and none has been 
prepared.
    Robert L. Santos, Director, Census Bureau, approved the publication 
of this rule in the Federal Register.

List of Subjects in 15 CFR Part 90

    Administrative practice and procedure, Census data, State and local 
governments.

PART 90--PROCEDURE FOR CHALLENGING POPULATION ESTIMATES

0
For the reason stated in the preamble, and under the authority of 13 
U.S.C. 4 and 181, the stay of 15 CFR part 90 is lifted effective 
November 22, 2022.

    Dated: November 17, 2022.
Shannon Wink,
Program Analyst, Policy Coordination Office, U.S. Census Bureau.
[FR Doc. 2022-25413 Filed 11-21-22; 8:45 am]
BILLING CODE 3510-07-P


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