38370 Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Proposed Rules

DEPARTMENT OF COMMERCE

Bureau of the Census

15 CFR Part 101

[Docket No.: 000609172–0172–01]

RIN 0607–AA33

Report of Tabulations of Population to

States and Localities Pursuant to 13

U.S.C. 141(c) and Availability of Other

Population Information

AGENCY: Department of Commerce.

ACTION: Proposed rule.

SUMMARY: The Department of Commerce

is issuing a proposed rule setting forth

how the Bureau of the Census will carry

out its responsibilities to report

tabulations of population to States and

localities pursuant to 13 U.S.C. 141(c)

and in making available certain other

population information.

DATES: Comments must be submitted no

later than August 4, 2000.

ADDRESSES: Comments should be sent

to: John H. Thompson, Associate

Director for Decennial Census, Bureau

of the Census, Suitland Federal Center,

Suitland and Silver Hill Roads, Building

2, Room 3586, Suitland, Maryland

20233.

FOR FURTHER INFORMATION CONTACT: John

H. Thompson, (301) 457–3946.

SUPPLEMENTARY INFORMATION: Through

the Census Act, which is codified in

title 13 of the United States Code,

Congress has delegated to the Secretary

of Commerce its broad constitutional

authority over the decennial census (see

U.S. Constitution Art. I, Sec. 2, Cl.3).

The Constitution requires that decennial

census data be used by the U.S.

Congress for apportioning seats in the

House of Representatives among the

States. These data also are used for a

number of other important purposes,

such as establishing the boundaries for

congressional and state and local

legislative districts, and for the

allocation of funds by federal and state

agencies.

The Census Act specifies (in 13 U.S.C.

141(c)) the procedure to be followed in

providing to States the reports of

tabulations of population used in

drawing legislative districts. (These

reports of tabulations often are referred

to as Public Law 94–171 data.) As

detailed in Accuracy and Coverage

Evaluation; Statement on the Feasibility

of Using Statistical Methods to Improve

the Accuracy of Census 2000 published

today, the Director of the Census has

informed the Secretary that the decision

whether to release statistically corrected

data for States to use in the redistricting

process will be made prior to the

statutory deadline for transmitting the

tabulations. The Secretary has accepted

and fully endorsed that process in a

memorandum to the Director, also

published today. This proposed rule

establishes the framework for making

that decision.

First, because this decision turns

entirely on operational and

methodological implementation within

the expertise of the Bureau of the

Census—whether the use of sampling is

possible, i.e., compatible with statutory

and resource constraints and with other

aspects of the decennial census

operational plan and is expected to

improve the overall accuracy of the

census as discussed in Accuracy and

Coverage Evaluation, the decision must

be made by the experts at the Census

Bureau. The proposed rule therefore

endows the Director of the Census with

final authority to make this

determination. Review of the Director’s

decision by the Secretary of Commerce

would at a minimum create the

appearance that considerations other

than those relating to statistical science

were being taken into account, and

could well allow the decision to be

based on such irrelevant considerations.

There is absolutely no role for nonscientific considerations in this process.

In order to safeguard both the substance

and the public credibility of this

decisionmaking process, we must leave

the decision to the expert judgment of

the Bureau of the Census.

Second, because the public credibility

of this process is critical, the proposed

rule reflects a transparent process the

Bureau of the Census has established. A

committee composed of the

distinguished senior career

professionals at the Bureau of the

Census will make a recommendation to

the Director of the Census. That

recommendation will be made public;

this step is essential to ensure an open,

transparent process. After considering

the recommendation, the Director will

make the final decision.

These procedures have their roots in

approaches taken in prior decennial

censuses. In 1980, the Secretary of

Commerce delegated this decision to the

Director of the Census (see

Departmental Organizational Order 32–

21 (Aug. 4, 1975) and memorandum of

Secretary Klutznick dated May 12, 1980)

and the Director publicly disclosed the

approach he would take in deciding

whether to use the statistical method

known as sampling (45 FR 69366) as

well as his decision not to use that

method (45 FR 8287). In 1990,

procedures established as the result of

the settlement in City of New York v.

United States Dep’t of Commerce

provided for interim decisions by the

statistical experts at the Bureau of the

Census and by an advisory panel

appointed by the plaintiffs and

defendant in the litigation, with the

final decision made by the Secretary of

Commerce. For the reasons stated above,

it is most appropriate to delegate this

decision to the statistical experts at the

Census Bureau.

Third, the proposed rule addresses

the release of other population data by

the Bureau of the Census. In Public Law

105–119, Section 209(j), Congress

established certain standards for the

release of other population data in the

event the Director determines that the

statistical method known as sampling is

used in calculating the tabulations of

population reported to States and

localities pursuant to 13 U.S.C. 141(c).

The proposed rule provides that, in the

event that the Director determines not to

use the statistical method known as

sampling in calculating the tabulations

of population, despite a

recommendation in favor of the use of

that method by the committee of census

professionals, the same standards shall

apply to the release of that data to States

and localities pursuant to 13 U.S.C.

141(c).

Administrative Law Requirements

Executive Order 12866

This final rule has been determined to

be not significant under section 3(f) of

Executive Order 12866.

Paperwork Reduction Act

This proposed rule contains no new

information collection requests subject

to the Paperwork Reduction Act.

Regulatory Flexibility Act

The Chief Counsel for Regulation of

the Department of Commerce certified

to the Chief Counsel for Advocacy of the

Small Business Administration that this

proposed rule, if adopted, would not

have a significant economic impact on

a substantial number of small entities.

This proposed rule establishes a process

for making a determination whether to

release statistically corrected data for

States to use in the redistricting. No

small entity is impacted as a result of

this procedural rule. As such, an initial

regulatory flexibility analysis is not

required and none has been prepared.

Unfunded Mandate Reform Act of 1995

This rule contains no Federal

mandates, as that term is defined in the

Unfunded Mandates Reform Act, on

State, local and tribal governments or

the private sector.

Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Proposed Rules 38371

Executive Order 12630

This rule does not contain policies

that have takings implications.

List of Subjects in 15 CFR Part 101

Census data.

Dated: June 13, 2000.

William M. Daley,

Secretary of Commerce.

For the reasons set out in the

preamble, 15 CFR part 101 is proposed

to be added to read as follows:

PART 101—RELEASE OF DECENNIAL

CENSUS POPULATION INFORMATION

Sec.

101.1 Report of tabulations of population to

States and localities pursuant to 13

U.S.C. 141(c).

101.2 Availability of other population

information.

Authority: 5 U.S.C. 301, 13 U.S.C. 4, 13

U.S.C. 141, 13 U.S.C. 195, 15 U.S.C. 1512.

§ 101.1 Report of tabulations of population

to States and localities pursuant to 13

U.S.C. 141(c).

(a)(1) The Director of the Census shall

make the final determination regarding

the methodology to be used in

calculating the tabulations of population

reported to States and localities

pursuant to 13 U.S.C. 141(c). The

determination of the Director will be

published in the Federal Register.

(2) All relevant authority of the

Secretary of Commerce under 13 U.S.C.

141(c) and other applicable provisions

of title 13 of the U.S. Code with respect

to the decision to be made pursuant to

paragraph (a)(1) of this section is hereby

conferred upon the Director of the

Census.

(3) The Director of the Census shall

not make the determination specified in

paragraph (a)(1) of this section until

after he or she receives the

recommendation of the Executive

Steering Committee for A.C.E. Policy in

accordance with paragraph (b)(1) of this

section.

(4) The determination of the Director

of the Census shall not be subject to

review, reconsideration, or reversal by

the Secretary of Commerce.

(b)(1) The Executive Steering

Committee for A.C.E. Policy shall

prepare a written report to the Director

of the Census recommending the

methodology to be used in making the

tabulations of population reported to

States and localities pursuant to 13

U.S.C. 141(c).

(2) The report of the Executive

Steering Committee for A.C.E. Policy

described in paragraph (b)(1) of this

section shall be released to the public at

the same time it is delivered to the

Director of the Census. This release to

the public shall include, but is not

limited to, posting of the report on the

Bureau of the Census website and

publication of the report in the Federal

Register.

(3) The ‘‘Executive Steering

Committee for A.C.E. Policy’’ (ESCAP)

is composed of:

(i) Deputy Director and Chief

Operating Officer;

(ii) Principal Associate Director and

Chief Financial Officer;

(iii) Principal Associate Director for

Programs;

(iv) Associate Director for Decennial

Census (Chair);

(v) Assistant Director for Decennial

Census;

(vi) Associate Director for

Demographic Programs;

(vii) Associate Director for

Methodology and Standards;

(viii) Chief; Planning, Research, and

Evaluation Division;

(ix) Chief; Decennial Management

Division;

(x) Chief; Decennial Statistical Studies

Division;

(xi) Chief; Population Division; and

(xii) Senior Mathematical Statistician.

§ 101.2 Availability of other population

information.

(a) When the Director of the Census

determines pursuant to § 101.1(a)(1) of

this part to use methodologies including

the statistical method known as

‘‘sampling’’ to produce the tabulations

of population to report to States

pursuant to 13 U.S.C. 141(c), data

prepared without the use of such

statistical method shall be made

available to the public in accordance

with the standards set forth in section

209(j) of Public Law 105–119, 111 Stat.

2440, simultaneously with the issuance

of the report to States.

(b) When the Director of the Census

determines pursuant to § 101.1(a)(1) of

this part to produce tabulations of

population without the use of

methodologies including the method

known as sampling, for reporting to

States pursuant to 13 U.S.C. 141(c)

notwithstanding the Executive Steering

Committee for A.C.E. Policy’s

recommendation to use sampling, data

prepared with the use of such statistical

method shall be made available to the

public in accordance with the standards

set forth in section 209(j) of Public Law

105–119, 111 Stat. 2440, for the release

of data prepared without the use of such

statistical method, simultaneously with

the issuance of the report to States.

[FR Doc. 00–15347 Filed 6–14–00; 11:53 am]

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