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