[Federal Register Volume 63, Number 59 (Friday, March 27, 1998)]
[Notices]
[Pages 14978-14981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7959]
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OFFICE OF MANAGEMENT AND BUDGET
DEPARTMENT OF COMMERCE
Bureau of the Census
Procedures for Reconciling and Appealing Address List Information
for the 2000 Census
AGENCY: Office of Information and Regulatory Affairs, Office of
Management and Budget, and Bureau of the Census, Department of
Commerce.
ACTION: Notice and request for comments.
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SUMMARY: As part of their implementation of the Census Address List
Improvement Act of 1994, the Office of Management and Budget (OMB) and
the Bureau of the Census (Bureau) request public comment on proposed
processes for developing the address information that will be used in
conducting the 2000 Census. The Bureau is proposing a Reconciliation
process that would seek to resolve disagreements between the Bureau and
participating local or tribal governments, or their designated
representatives, regarding specific addresses or groups of addresses.
For any disagreements that are not resolved, OMB is proposing an Appeal
process that would be available to local and tribal governments, or
their designated representatives, that wish to appeal the decisions
made by the Bureau of the Census with respect to their suggestions for
the Census 2000 address list.
In conducting the Census 2000 enumeration the Bureau will include
all addresses added to or corrected in the census address list as a
result of the Reconciliation and/or Appeal processes, using the same
procedures used for all other addresses on the list. Inclusion of an
address on the list does not mean that a housing unit or its
inhabitants are actually at the address, or that the address will be
included in the final Census 2000 data summaries. The census-taking
process will determine the inclusion status of the address--whether or
not it is actually a housing unit--and the final population and housing
unit status for each address.
DATES: Comments must be received on or before May 26, 1998.
ADDRESSES: Comments: Please send comments concerning these proposed
procedures to: Katherine K. Wallman, Chief Statistician, Office of
Information and Regulatory Affairs, Office of Management and Budget,
NEOB, Room 10201, 725 17th Street NW, Washington DC 20503; fax: (202)
395-7245.
Electronic availability and addresses: This Federal Register Notice
is available electronically from the OMB Homepage on the World Wide
Web: http://www.whitehouse.gov/WH/EOP/OMB/html/fedreg.html>>. Federal
Register notices also are available electronically from the U.S.
Government Printing Office web site: http://www.access.gpo.gov/
su__docs/aces/aces140.html>> Questions about accessing the Federal
Register online via GPO Access may be directed to telephone (202) 512-
1530 or toll free at (888) 293-6498; to fax (202) 512-1262; or to email
gpoaccess@gpo.gov>>
This notice is available in paper copy from the OMB Publications
Office, NEOB, Room 2200, 725 17th Street NW, Washington DC 20503;
telephone (202) 395-7332; fax (202) 395-6137.
FOR FURTHER INFORMATION CONTACT: Nancy Kirkendall, Office of Management
and Budget, NEOB, Room 10201, 725 17th Street NW, Washington, DC 20503;
telephone: (202) 395-7313; fax (202) 395-7245.
SUPPLEMENTARY INFORMATION:
The Census Address List Improvement Act of 1994
The Census Address List Improvement Act of 1994 (P.L. 103-430)
changed the Bureau's decennial census address list development
procedures to improve the accuracy of, and resolve disagreements
concerning, address information. In addition to requiring that the
United States Postal Service provide address information to the Bureau
(Section 4), the Act also increased the role of local and tribal
governments in the development of Bureau address information. Section 2
of the Act requires the Bureau to develop a process under which it
would receive, review, and respond to recommendations by these
governments regarding address information. To resolve any disagreements
that may remain after this process, Section 3 of the Act requires the
Administrator of OMB's Office of Information and Regulatory Affairs
(OIRA), acting through the Chief Statistician and in consultation with
the Bureau, to develop an appeal process through which local and tribal
governments, or their designated representatives, may administratively
appeal the decisions by the Bureau under 13 U.S.C. 16.
The Bureau's LUCA Process
The Bureau is attempting to develop the most accurate and
comprehensive address information practicable for all jurisdictions in
the country in cooperation with the United States Postal Service and
local and tribal governments, as required by the Census Address List
Improvement Act of 1994. The Bureau's address list partnerships with
these governments will be undertaken via the program entitled the
``Local Update of Census Addresses'' (LUCA), during which the Bureau
will provide portions of its census address list to participating local
and tribal governments for their review. For those areas that do not
have city-style addresses (i.e., rural route, post office box number,
or general delivery addresses), the Bureau will provide the most recent
address and location information available from field activities.
Jurisdictions that participate in the LUCA program may respond with
address change suggestions including corrections, additions, deletions,
and address location information. The Bureau issued its standards for
addresses in the Federal Register, 60 FR 58326, November 27, 1995.
These standards described the components of acceptable city-style
addresses, including apartment numbers for each
[[Page 14979]]
unit address in a multi-unit building, a current 5-digit ZIP code, and
the distinction between residential and commercial addresses.
The LUCA process began in early 1998 with the mailing of
invitations to local and tribal governments to participate in the
program. As jurisdictions notify the Bureau of their desire to
participate in the program, appropriate materials will be generated and
delivered. Once a jurisdiction receives its materials, it has 3 months
in which to conduct its review and provide suggested changes back to
the Bureau. Jurisdictions with city-style mail delivery areas will
conduct the review of their portion of the Bureau's address list in
1998. The Bureau will conduct listing activities to prepare the address
list for jurisdictions with noncity-style addresses in the last half of
1998. As these listings are completed, they will be delivered to
participating jurisdictions for their review. The three month review
period for jurisdictions with noncity-style addresses will extend into
the second quarter of 1999.
The Bureau will conduct field canvassing operations to verify the
existence and accuracy of the address information provided via the LUCA
program. The Bureau, as part of its address list development process,
will conduct a field canvass of all blocks in the city-style address
mail delivery areas. Updates from local and tribal governments will be
verified at that time. Since this canvass covers approximately 94
million addresses, the operation will be conducted in three waves, each
of six-week duration. The first wave is scheduled to begin in January
1999, and the operation will be completed with the end of the third
wave in May 1999. For areas that do not have city-style mail delivery,
a separate field verification will be conducted soon after receiving
suggestions from local and tribal governments. In all areas, the Bureau
will provide timely written feedback to a participating jurisdiction
after all their suggested changes have been reviewed and evaluated. For
each jurisdiction, the LUCA program will be officially completed at the
time the Bureau provides feedback.
The Proposed Reconciliation Process
After receiving the LUCA feedback from the Bureau, a participating
local or tribal government may ask the Bureau to reconsider its
determination during the Reconciliation process. (The Bureau's proposal
for the Reconciliation process follows at Exhibit 1.) The goal of the
Reconciliation process is to resolve disagreements regarding specific
addresses or groups of addresses, and to reach concurrence between the
Bureau and the participating government. This concurrence relates both
to the existence of addresses and to the location of each address. As
in the LUCA process, the Reconciliation process will conclude with a
written determination by the Bureau regarding the existence of
addresses or the location of addresses provided by the participating
government. The Census Bureau is using 30 days as a standard for
completing the Reconciliation process for a jurisdiction. The standard
should be achievable for all jurisdictions but those with a large
number of disputed addresses. The wave approach to canvassing in city-
style address areas imparts a waved implementation to both the
Reconciliation and the Appeal processes. The first wave of canvassing
will be completed by late February, 1999. The Bureau will begin
accepting requests for Reconciliation from these jurisdictions in
March. The final wave of canvassing will be completed by late May. The
Bureau will begin accepting requests for Reconciliation from these
jurisdictions in June. The Reconciliation process for both city-style
and noncity-style address areas will be complete by August 31, 1999.
The Proposed Appeal Process
If, at the end of the Reconciliation process, the participating
government disagrees with the Bureau's determination regarding the
address information or the location of addresses, it may formally seek
an outside review of the Bureau's decision via the Appeal process.
During the Appeal process, a participating government will have the
opportunity to ask a Federal official, designated by OMB and outside
the Bureau and the Department of Commerce, to review the Bureau's
determination and issue a final decision. Jurisdictions may file an
appeal only upon completion of the Reconciliation process. Thus, those
jurisdictions scheduled for the first block canvassing wave will enter
the Appeal process before those in the later waves. Appeals for all
jurisdictions will be filed during the period April through September
1999. The Appeal process will be concluded by January 14, 2000. (The
OIRA Administrator's proposal for the Appeal process follows at Exhibit
2.)
The Next Stages in Developing the Reconciliation and Appeal
Processes
Comments are sought on all aspects of the Reconciliation and Appeal
processes. After these comments are reviewed and considered, the Bureau
and the OIRA Administrator plan to issue a notice, by July 1998,
outlining the final Reconciliation and Appeal processes.
Donald R. Arbuckle,
Deputy Administrator, Office of Information and Regulatory Affairs.
James Holmes,
Acting Director, Bureau of the Census.
Exhibit 1
Proposed Reconciliation Process
Reconciliation will be conducted by the Bureau of the Census
(Bureau) at the request of the participating local or tribal
government, or its designated representative. The process will begin
when a participating government formally disagrees with the Bureau's
decision regarding the inclusion, exclusion, or geographic placement of
specific addresses on the census address list that the participating
government recommended during the Local Update of Census Addresses
(LUCA) process.
1. When To File a Reconciliation Request
The participating government must file a Request for
Reconciliation, in writing, within 21 calendar days of receiving the
LUCA feedback (i.e., the information provided by the Bureau in response
to materials submitted by the participating government; the feedback
may be in the form of a paper listing or a computer file, as requested
by the participating government).
``Receipt'' as used herein shall be defined as the date the Bureau
transmits the document in question to the participating government plus
three (3) calendar days. The Bureau may transmit documents via first
class mail, via overnight delivery service, via facsimile, or via
electronic mail, as appropriate, but must keep an accurate record of
the date it transmits documents.
2. What Documentation To File
Requests for Reconciliation must be printed or typed. Documentation
must include: (1) the name of the participating government; (2) the
name, address, and telephone number of that government's contact
person; (3) the list of addresses or groups of addresses that are being
questioned; and (4) any supporting evidence.
With respect to the list of questioned addresses (or groups of
addresses), separate lists should be provided for addresses (a) which
are believed to exist but are not included on the census address list,
(b) which are believed to be incorrectly included on the census address
list, or (c) which are believed to be correctly included but not
correctly located on the census address list.
[[Page 14980]]
Specific recommendations should be provided for how addresses and their
locations should appear on the Census 2000 address list.
The supporting evidence should establish the validity of the
addresses and their locations. Two types of supporting evidence are
recommended below. The first specifically reflects the validity of any
address or map reference sources; the second describes other useful
sources of supporting evidence. The participating government may submit
any documentation it deems relevant in support of its claim.
a. Quality of address or map reference sources.
(1) The date of the address source.
(2) How often the address source is updated.
(3) The methods used to update the source.
(4) Quality assurance procedures that are used in maintaining the
address source.
(5) How the address source is used by the participating government
and/or by the originator of the source.
b. Other useful supporting evidence.
(1) On-site inspection and/or interview of resident.
(2) Issuance of recent occupancy permit for unit. (Building permits
are not acceptable as they do not ensure that the units have been built
and/or are occupied.)
(3) Provision of utilities (electricity, gas, sewer, water,
telephone, etc.) to the residence. The utility record should show that
this is not service to a commercial unit, or an additional service to
an existing residence (such as a second telephone line).
(4) Provision of other governmental services (housing assistance,
welfare, etc.) to residents of the unit.
(5) Issuance of demolition permits.
(6) Aerial photography and/or standard photography.
(7) Land use maps.
(8) Local 911 emergency lists, with flags distinguishing
residential from commercial units.
(9) Tax assessment records with flags distinguishing residential
from commercial units.
3. Where To File the Request for Reconciliation
A Request for Reconciliation must be filed with the Bureau's
Regional Census Center for the region in which the participating
government is located.
4. Reconciliation Review
Bureau staff will review materials submitted by the participating
government and will contact local or tribal participants to provide
them an opportunity to discuss their questions and concerns with Bureau
staff. This dialogue with the local or tribal participants may include
meetings in person, telephone conversations, written correspondence,
site inspections to view addresses, or a combination of these
approaches as determined by the Bureau.
Following this dialogue, the participating government will be
notified in writing of the Bureau's final determination and the basis
for it. Accepted addresses will be added to or corrected in the census
address list. The participating government also will be informed of its
right to an Appeal, and may proceed to the Appeal stage if it is not
satisfied with the resolution provided by the Bureau during the
Reconciliation phase.
In conducting the Census 2000 enumeration the Bureau will include
all addresses added to or corrected in the census address list as a
result of the Reconciliation and/or Appeal process, using the same
procedures used for all other addresses on the list. Inclusion of an
address on the list does not mean that a housing unit or its
inhabitants are actually at the address, or that the address will be
included in the final Census 2000 data summaries. The census-taking
process will determine the inclusion status of the address--whether or
not it is actually a housing unit--and the final population and housing
unit status for each address.
5. Time for Completion of Reconciliation Process
The Census Bureau is using 30 days as a standard for completing the
Reconciliation process for a jurisdiction. The standard should be
achievable for all jurisdictions but those with a large number of
disputed addresses. The Reconciliation review shall be completed and a
participating government shall be notified in writing of the Bureau's
determination no later than August 31, 1999. From the date a
participating government receives the Bureau's final determination, it
will have 30 calendar days in which it may file an Appeal on any or all
of the addresses (see the proposed Appeal Process issued by the
Administrator of the Office of Information and Regulatory Affairs).
Exhibit 2
Proposed Appeal Process
Following receipt of the Bureau's determination from the
Reconciliation process, the participating local or tribal government,
or its designated agent, may file an Appeal if it disagrees with the
Bureau's Reconciliation determination. The Appeal process will be based
solely on a review of written documentation provided by the
participating government and the Bureau.
1. When May a Participating Government File an Appeal
An Appeal must be filed by the participating government within 30
calendar days of that government's receipt of the Bureau's final
determination from the Reconciliation process (see 3, below, regarding
what the participating government must file within 30 days). An appeal
may be filed only with respect to addresses for which the participating
government had previously sought Bureau review during the LUCA program
and its Reconciliation process.
``Receipt'' as used herein shall be defined as the date the Bureau
transmits the document in question to the participating government plus
three (3) calendar days. The Bureau may transmit documents via first
class mail, via overnight delivery service, via facsimile, or via
electronic mail, as appropriate, but must keep an accurate record of
the date it transmits documents.
2. Who Will Review and Decide the Appeal
The Appeal process will be administered by a Consortium of Federal
agencies outside the Department of Commerce. Appeal Officers will be
selected from a roster of Federal employees who have been trained in
the procedures for an appeal and in the examination and analysis of
address information, locations of addresses, supporting documentary
evidence, and written position statements. Appeal Officers also will be
trained in the preparation of a written determination. The addresses
and telephone numbers of Consortium offices participating in the Appeal
process will be made public when they are selected.
3. What Documentation Shall the Participating Government File With an
Appeal
Each Appeal must be submitted to the Consortium, and must be
printed or typed. The appeal documentation must include: (1) the name
of the participating government; (2) the name, address, and telephone
number of that government's contact person; (3) the list of addresses
or groups of addresses that are being appealed; (4) a copy of the
Bureau's Reconciliation determination regarding those addresses; (5)
the date on which the participating government received the Bureau's
determination;
[[Page 14981]]
and (6) any supporting evidence for the position taken by the
participating government in its Appeal.
In its Appeal documentation, the participating government should
specifically respond to the explanation that accompanied the Bureau's
Reconciliation determination. With respect to the list of questioned
addresses (or groups of addresses), separate lists should be provided
for addresses (a) which are believed to exist but are not included on
the census address list, (b) which are believed to be incorrectly
included on the census address list, or (c) which are believed to be
correctly included but not correctly located on the census address
list. Specific recommendations should be provided for how addresses and
locations should appear on the census address list.
The supporting evidence should demonstrate the basis for the
participating government's position concerning the disputed addresses.
Supporting evidence may include the material submitted in support of
the Reconciliation review for the disputed addresses and any additional
information. Two types of supporting evidence were recommended by the
Bureau in its issuance regarding the Reconciliation process; the first
specifically reflects the validity of any address or map reference
sources; the second describes other useful sources of supporting
evidence:
a. Quality of address or map reference sources.
(1) The date of the address source.
(2) How often the address source is updated.
(3) The methods used to update the source.
(4) Quality assurance procedures that are used in maintaining the
address source.
(5) How the address source is used by the participating government
and/or by the originator of the source.
b. Other useful supporting evidence.
(1) On-site inspection and/or interview of resident.
(2) Issuance of recent occupancy permit for unit. (Building permits
are not acceptable as they do not ensure that the units have been built
and/or are occupied.)
(3) Provision of utilities (electricity, gas, sewer, water,
telephone, etc.) to the residence. The utility record should show that
this is not service to a commercial unit, or an additional service to
an existing residence (such as a second telephone line).
(4) Provision of other governmental services (housing assistance,
welfare, etc.) to residents of the unit.
(5) Issuance of demolition permits.
(6) Aerial photography and/or standard photography.
(7) Land use maps.
(8) Local 911 emergency lists, with flags distinguishing
residential from commercial units.
(9) Tax assessment records with flags distinguishing residential
from commercial units.
All of the Appeal documentation must be received by the Consortium
within 30 calendar days of the participating government's receipt of
the Bureau's final Reconciliation determination; at the same time, the
participating government shall send a complete copy of the Appeal
documentation to the Bureau. Except in response to a written request
from the Appeal Officer (see 6, below), the participating government
may not submit any materials to the Consortium after the 30-day period.
4. Assignment of an Appeal Officer and Notification of Appeal Status
Upon receipt of an Appeal, the Consortium will assign an Appeal
Officer to the case and notify the Bureau, in writing, that the Appeal
has been filed; a copy of the notification also will be sent to the
participating government. This notification will identify the
participating government and provide a list of the disputed addresses.
5. Submission by the Bureau of Written Documentation and Supporting
Evidence
Upon receipt of the notification that an Appeal has been filed, the
Bureau will have 14 calendar days in which to submit written
documentation briefly summarizing its position as well as any
supporting evidence concerning the disputed addresses to the Appeal
Officer. Except in response to a written request from the Appeal
Officer (see 6, below), the Bureau may not submit any materials to the
Appeal Officer after the 14-day period. At the same time the Bureau
must send to the participating government a complete copy of the
Bureau's submission to the Appeal Officer.
6. The Appeal Review and Determination
The Appeal Officer will review the written documentation and
supporting evidence submitted by the participating government and the
Bureau. No testimony or oral argument will be received by the Appeal
Officer. If the Appeal Officer determines that he or she requires
additional information or clarification, the Appeal Officer may request
it in writing, with notice to both parties, and the relevant party(ies)
shall respond in writing. Appeal Officers will apply the following
principles in conducting their review:
(1) The Appeal Officer shall consider the quality of the map or
address reference source as the basis for determining the validity of
an address or group of addresses and their locations.
(2) For those addresses for which the Appeal Officer determines
that the quality of the supporting evidence submitted by both parties
is generally of comparable value, the Appeal Officer shall decide in
favor of the participating government.
At the conclusion of reviewing a disputed address (or group of
addresses), the Appeal Officer will issue a written determination and
provide it to both the participating government and the Bureau. The
written determination will include a brief summary explanation of the
Appeal Officer's decision, and will specify how the disputed addresses
and/or block numbers should appear on the Census 2000 address list.
Each written determination shall become part of the administrative
record of the Appeal process.
An Appeal Officer's decision on a disputed address is final. In
conducting the Census 2000 enumeration the Bureau will include all
addresses added to or corrected in the census address list as a result
of the Appeal process, using the same procedures used for all other
addresses on the list. Inclusion of an address on the list does not
mean that a housing unit or its inhabitants are actually at the
address, or that the address will be included in the final Census 2000
data summaries. The census-taking process will determine the inclusion
status of the address--whether or not it is actually a housing unit--
and the final population and housing unit status for each address.
7. Time for Completion of Appeal Review
Appeal Reviews shall be completed and written determinations issued
to the concerned parties as soon as possible, and in any event no later
than January 14, 2000.
[FR Doc. 98-7959 Filed 3-26-98; 8:45 am]
BILLING CODE 3110-01-P
