Download:
pdf |
pdfFederal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations
listed in the ADDRESSES section of this
document. FAA Order 7400.11B lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
Differences From the NPRM
Subsequent to publication of the
NPRM, the FAA identified an error
within a set of True (T) and Magnetic
(M) coordinates along V–113. The
intersection coordinates ‘‘INT Modesto
208°(T) 19(M) and El Nido 277°(T)
262°(M) radials’’ were misidentified as
PATYY intersection in the NPRM; when
in fact these coordinates are for WINDY
intersection. The FAA is changing the
coordinates to ‘‘INT Modesto 208° (T)
191° (M) and El Nido 298° (T) 283° (M)’’
as the correct coordinates for PATYY
intersection.
nshattuck on DSK9F9SC42PROD with RULES
The Rule
The FAA is amending Title 14 Code
of Federal Regulations (14 CFR) part 71
to amend VOR Federal Airways V–113
and V–244 in the western United States
due to the scheduled decommissioning
of the Manteca and Maxwell VOR
facilities. The routes are outlined below.
V–113: V–113 currently extends
between Morro Bay, CA (MQO) and
Lewistown, MT (LWT) with a gap
between Panoche, CA (PXN) and
Linden, CA (LIN). The FAA is filling the
gap between Panoche, CA (PXN) and
Linden, CA (LIN). The unaffected
portions of the existing route will
remain as charted.
V–244: V–244 currently extends
between Oakland, CA (OAK) and Salina,
KS, (SLN). The FAA is relocating the
segment of the route from Oakland, CA
by rerouting the airway approximately
10 nautical miles north of the previous
airway until tied back into the previous
route at Coaldale, NV. The unaffected
portion of the existing route will remain
as charted.
All radials in the regulatory text route
descriptions below are stated in True
degrees.
VOR Federal airways are published in
paragraph 6010(a), of FAA Order
7400.11B dated August 3, 2017, and
effective September 15, 2017, which is
incorporated by reference in 14 CFR
71.1. The VOR Federal airways listed in
this document will be subsequently
published in the Order.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
VerDate Sep<11>2014
14:13 Feb 07, 2018
Jkt 244001
Executive Order 12866; (2) is not a
‘‘significant rule’’ under Department of
Transportation (DOT) Regulatory
Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not
warrant preparation of a regulatory
evaluation as the anticipated impact is
so minimal. Since this is a routine
matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Environmental Review
The FAA has determined that this
action modifying VOR Federal airways
V–113 and V–244 qualifies for
categorical exclusion under the National
Environmental Policy Act and its
agency-specific implementing
regulations in FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ regarding categorical
exclusions for procedural actions at
paragraph 5–6.5a, which categorically
excludes from full environmental
impact review rulemaking actions that
designate or modify classes of airspace
areas, airways, routes, and reporting
points. Therefore, this airspace action is
not expected to result in any significant
environmental impacts. In accordance
with FAA Order 1050.1F, paragraph 5–
2 regarding Extraordinary
Circumstances, this action has been
reviewed for factors and circumstances
in which a normally categorically
excluded action may have a significant
environmental impact requiring further
analysis, and it is determined that no
extraordinary circumstances exist that
warrant preparation of an
environmental assessment.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting
Points, dated August 3, 2017 and
effective September 15, 2017, is
amended as follows:
■
Paragraph 6010—Domestic VOR Federal
Airways
V–113 (Amended)
From Morro Bay, CA; Paso Robles, CA;
Priest, CA; Panoche, CA; INT Modesto 208°
and El Nido 298° radials; Modesto, CA;
Linden, CA; INT Linden 046° and Mustang,
NV, 208° radials; Mustang; 42 miles, 24
miles, 115 MSL, 95 MSL, Sod House, NV; 67
miles, 95 MSL, 85 MSL, Rome, OR; 61 miles,
85 MSL, Boise, ID; Salmon, ID; Coppertown,
MT; Helena, MT; to Lewistown, MT
*
*
*
*
*
V–244 (Amended)
From Oakland, CA; INT Oakland 077° and
Linden, CA, 246° radials; Linden; 30 miles,
153 MSL, INT Linden 094° and Hangtown,
CA, 157° radials; 58 miles, 153 MSL, INT
Coaldale, CA, 267° and Friant, CA, 022°
radials; 23 miles, 153 MSL, INT Coaldale
267° and Bishop, CA, 337° radials; 43 miles,
125 MSL, Coaldale, NV; Tonopah, NV; 40
miles, 115 MSL, Wilson Creek, NV; 28 miles,
115 MSL, Milford, UT; Hanksville, UT; 63
miles, 13 miles, 140 MSL, 36 miles, 115 MSL,
Montrose, CO; Blue Mesa, CO; 33 miles, 122
MSL, 27 miles, 155 MSL, Pueblo, CO; 18
miles, 48 miles, 60 MSL, Lamar, CO; 20
miles, 116 miles, 65 MSL, Hays, KS; to
Salina, KS. The airspace within R–2531A and
R–2531B is excluded.
Issued in Washington, DC, on January 29,
2018.
Sean E. Hook,
Acting Manager, Airspace Policy Group.
[FR Doc. 2018–02133 Filed 2–7–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
List of Subjects in 14 CFR Part 71
Bureau of the Census
Airspace, Incorporation by reference,
Navigation (air).
15 CFR Chapter I
[Docket Number 160526465–8033–03]
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
PO 00000
Frm 00005
Fmt 4700
5525
Sfmt 4700
RIN 0607–XC026
Final 2020 Census Residence Criteria
and Residence Situations
Bureau of the Census,
Department of Commerce.
ACTION: Final criteria.
AGENCY:
The Bureau of the Census
(U.S. Census Bureau) is providing
notification of the Final 2020 Census
Residence Criteria and Residence
Situations. In addition, this document
contains a summary of comments
received in response to the June 30,
SUMMARY:
E:\FR\FM\08FER1.SGM
08FER1
5526
Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations
2016, Federal Register document, as
well as the Census Bureau’s responses
to those comments. The residence
criteria are used to determine where
people are counted during each
decennial census. Specific residence
situations are included with the criteria
to illustrate how the criteria are applied.
DATES: The final criteria in this
document are effective on March 12,
2018.
FOR FURTHER INFORMATION CONTACT:
Jason Devine, Population and Housing
Programs Branch, U.S. Census Bureau,
6H173, Washington, DC 20233,
telephone (301) 763–2381; or Email
[POP.2020.Residence.Rule@census.gov].
SUPPLEMENTARY INFORMATION:
A. Background
The U.S. Census Bureau is committed
to counting every person in the 2020
Census once, only once, and in the right
place. The fundamental reason that the
decennial census is conducted is to
fulfill the Constitutional requirement
(Article I, Section 2) to apportion the
seats in the U.S. House of
Representatives among the states.1 For a
fair and equitable apportionment, it is
crucial that the Census Bureau counts
everyone in the right place during the
decennial census.
The residence criteria are used to
determine where people are counted
during each decennial census. Specific
residence situations are included with
the criteria to illustrate how the criteria
are applied.
nshattuck on DSK9F9SC42PROD with RULES
1. The Concept of Usual Residence
The Census Bureau’s enumeration
procedures are guided by the
constitutional and statutory mandates to
count all residents of the several states.
[U.S. Const. Art. 1, Section 2, cl.3, Title
13, United States Code, Section 141.]
The state in which a person resides and
the specific location within that state is
determined in accordance with the
concept of ‘‘usual residence,’’ which is
defined by the Census Bureau as the
place where a person lives and sleeps
most of the time. This is not always the
same as a person’s legal residence,
voting residence, or where they prefer to
be counted. This concept of ‘‘usual
residence’’ is grounded in the law
providing for the first census, the Act of
March 1, 1790, expressly specifying that
persons be enumerated at their ‘‘usual
place of abode.’’
1 Apportionment is based on the resident
population, plus a count of overseas federal
employees, for each of the 50 states. Redistricting
data include the resident population of the 50
states, District of Columbia, and Puerto Rico.
VerDate Sep<11>2014
14:13 Feb 07, 2018
Jkt 244001
Determining usual residence is
straightforward for most people.
However, given our nation’s wide
diversity in types of living
arrangements, the concept of usual
residence has a variety of applications.
Some examples of these living
arrangements include people
experiencing homelessness, people with
a seasonal/second residence, people in
group facilities,2 people in the process
of moving, people in hospitals, children
in shared custody arrangements, college
students, live-in employees, military
personnel, and people who live in
workers’ dormitories.
2. Reviewing the 2020 Census Residence
Criteria and Residence Situations
Every decade, the Census Bureau
undertakes a review of the Residence
Criteria and Residence Situations to
ensure that the concept of usual
residence is interpreted and applied,
consistent with the intent of the Census
Act of 1790, which was authored by a
Congress that included many of the
framers of the U.S. Constitution and
directed that people were to be counted
at their usual residence. This review
also serves as an opportunity to identify
new or changing living situations
resulting from societal change, and to
address those situations in the guidance
in a way that is consistent with the
concept of usual residence.
This decade, as part of the review, the
Census Bureau requested public
comment on the ‘‘2010 Census
Residence Rule and Residence
Situations’’ through the Federal
Register (80 FR 28950) on May 20, 2015,
to allow the public to recommend any
changes they would like to be
considered for the 2020 Census. The
Census Bureau received 252 comment
submission letters or emails that
contained 262 total comments. (Some
comment submissions included
comments or suggestions on more than
one residence situation.)
On June 30, 2016, the Census Bureau
published the ‘‘Proposed 2020 Census
Residence Criteria and Residence
Situations’’ in the Federal Register (81
FR 42577).3 In that publication, the
Census Bureau included a summary of
comments on the May 2015 Federal
Register document, as well as the
Bureau’s responses to those comments.
2 In this document, ‘‘group facilities’’ (referred to
also as ‘‘group quarters’’ (GQ)) are defined as places
where people live or stay in group living
arrangements, which are owned or managed by an
entity or organization providing housing and/or
services for the residents.
3 The Proposed 2020 Census Residence Criteria
and Residence Situations are the same as the Final
2020 Census Residence Criteria and Residence
Situations that are provided in Section C.
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
During the 60-day comment period that
ended on September 1, 2016, the Census
Bureau received 77,958 comment
submissions 4 that contained 77,995
total comments in response to the
proposed residence criteria and
situations. A summary of these
comments and the Census Bureau’s
responses are included in section B of
this document.
Section C of this document provides
the Final 2020 Census Residence
Criteria and Residence Situations.5
B. Summary of Comments Received in
Response to the ‘‘Proposed 2020 Census
Residence Criteria and Residence
Situations’’
On June 30, 2016, the Census Bureau
published a document in the Federal
Register asking for public comment on
the ‘‘Proposed 2020 Census Residence
Criteria and Residence Situations.’’ Of
the 77,995 comments received, 77,887
pertained to prisoners,6 and 44
pertained to overseas military
personnel. There were four comments
on health care facilities. There were
three comments on each of the
following residence situations: Foreign
citizens in the United States, juvenile
facilities, and people in shelters and/or
experiencing homelessness. There were
two comments on each of the following
residence situations: Boarding school
students, college students, group homes
and residential treatment centers for
adults, transitory locations, visitors on
Census Day, people who live or stay in
more than one place, merchant marine
personnel, and religious group quarters.
There was one comment on each of the
rest of the residence situations [people
away from their usual residence on
Census Day (e.g., on vacation or
business trip); people living outside the
United States; people moving into or out
of a residence around Census Day;
people who are born or who die around
4 Of the 77,958 comment submissions, 2,958
contained unique content and 75,000 were
duplicates.
5 The Census Bureau used the term ‘‘Residence
Rule and Residence Situations’’ when referring to
the 2010 version of this documentation and in
portions of previous publications in the Federal
Register in 2015 and 2016 regarding this topic.
However, in this document, and in the foreseeable
future, the Census Bureau will use the term
‘‘Residence Criteria and Residence Situations.’’
6 The majority of comments received on this topic
used the terms ‘prisoner,’ ‘incarcerated,’ or ‘inmate.’
Although the terminology is not exactly what we
use in the residence criteria documentation, we
believe the context of the comments suggests the
comments apply to people in Federal and State
Prisons, Local Jails and Other Municipal
Confinement Facilities, and possibly Federal
Detention Centers and Correctional Facilities
Intended for Juveniles. References in this document
to ‘‘prisons,’’ or ‘‘prisoners,’’ should be interpreted
as referring to all of these types of facilities.
E:\FR\FM\08FER1.SGM
08FER1
Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations
nshattuck on DSK9F9SC42PROD with RULES
Census Day; relatives and nonrelatives;
residential schools for people with
disabilities; housing for older adults;
U.S. military personnel; and workers’
residential facilities]. The Census
Bureau also received one comment on
the concept of usual residence, seven
general comments on the overall
residence criteria, and 18 comments on
other issues not directly related to the
residence criteria or any specific
residence situation.
1. Comments on Prisoners
Of the 77,887 comments pertaining to
prisoners, 77,863 suggested that
prisoners should be counted at their
home or pre-incarceration address. The
rationales included in these comments
were as follows.
• Almost all commenters either
directly suggested, or alluded to the
view, that counting prisoners at the
prison inflates the political power of the
area where the prison is located, and
deflates the political power in the
prisoners’ home communities. These
commenters stated that this distorts the
redistricting process by allowing
officials to count prisoners as
‘‘residents’’ of the districts where they
are imprisoned, even though the
prisoners are not allowed to vote during
the time that they are confined in that
district.
Æ Similarly, many commenters
suggested that counting prisoners away
from their home address goes against
the principle of equal representation.
Some commenters more specifically
suggested that the practice potentially
violates the Voting Rights Act and/or
the U.S. constitutional commitment to
one person, one vote. A couple of
commenters stated that the practice
differs from certain international
guidelines.
Æ A few commenters stated that
counting prisoners at the correctional
facilities can also negatively impact the
communities in which the prisons are
located by distorting and/or
complicating the redistricting process at
the local level (e.g., county
commissions, city councils, and school
boards).
Æ Some commenters stated that the
current residence criteria for prisoners
are inconsistent with certain states’ laws
regarding residency for elections (i.e.,
some state laws specifically say that a
correctional facility is not a residence).
Æ Some commenters stated that some
states and many local governments
already adjust their population data to
remove prisoners when drawing their
districts. However, these commenters
also suggested that this ‘‘piecemeal’’
approach at the local level is inefficient
VerDate Sep<11>2014
14:13 Feb 07, 2018
Jkt 244001
and cannot fully resolve the issues
associated with where prisoners are
counted.
• Most commenters suggested that
counting prisoners at the prison
inaccurately represents the population
counts and demographic characteristics
of prisoners’ home communities, as well
as the communities where the prisons
are located. These commenters stated
that prisoners typically come from
urban, underserved communities whose
populations are disproportionately
African-American and Latino, while
prisons are more likely to be located in
largely White (non-Hispanic) rural
communities, far from the actual homes
of the prisoners. Therefore, most
commenters also suggested that
counting prisoners at the prisons
disproportionally harms communities
with high proportions of minorities, by
preventing their home communities
from receiving their fair share of
representation and funding.
• Many commenters stated that the
incarcerated population has increased
significantly in recent decades. Some
commenters also stated that, throughout
the long history of the decennial census,
the Census Bureau has previously
evolved and reevaluated its residence
criteria in response to other historical
changes in demographics and normative
living situations (e.g., the 1950 change
to how college students were counted).
Therefore, they suggested that the
changes in the prisoner population and
patterns of prison locations during
recent decades warrant a similar
evolution of the residence criteria.
• Some commenters suggested that
the Census Bureau should change its
interpretation of the concept of ‘‘usual
residence’’ (i.e., as the place where a
person lives and sleeps most of the
time), as it relates to incarcerated
people. To support this suggestion,
commenters used various rationales.
Æ Some commenters suggested that
prisoners do not have enduring social
ties or allegiance to the community
where they are incarcerated. To explain
this, some commenters more
specifically stated that prisoners cannot
interact with the community where they
are incarcerated, are there involuntarily,
and generally do not plan to remain in
that community upon their release. A
few commenters also stated that the
governmental representatives of the
community where the prison is located
do not serve the prisoners, or they stated
that prisoners are not constituents of the
community where the prison is located.
These commenters further stated that
prisoners rely, instead, on the
representative services of the legislators
in their pre-incarceration communities.
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
5527
Æ Some commenters suggested that
the correctional facility where a
prisoner is located on Census Day is not
where a prisoner spends most of their
time.
D Some supported this suggestion by
stating that counting incarcerated
people at the facility in which they are
housed on Census Day ignores the
transient and temporary nature of
incarceration. These commenters stated
that incarcerated people are typically
transferred multiple times between
various correctional facilities during the
time between when they are arrested
and when they are released.
D Some supported this suggestion by
focusing on local jails. They stated that,
while the length of incarceration for
prison inmates is typically more than
one year, about a third of all inmates (in
prisons and jails) are jail inmates, and
the typical length of incarceration for
jail inmates is much shorter than one
year (i.e., a few days to a few weeks). A
few also stated that the majority of jail
inmates have not been convicted of a
crime, or stated that they are awaiting
trial and presumed innocent until
proven guilty.
D A few supported this suggestion by
stating that, if your measuring stick is
the 10-year period for which the
decennial census counts affect
representation, funding, and policies,
most prisoners are incarcerated for less
than 10 years.
Æ A few commenters suggested that
multiple factors must be considered
together when determining the correct
place to count certain types of people,
such as prisoners, who do not easily
align with the standard definition of
usual residence. Therefore, they stated
that a one-size-fits-all approach of
focusing solely on where people live
and sleep most of the time is not
appropriate for determining where to
count prisoners.
Æ A few commenters suggested that
only prisoners who are serving longterm sentences, such as longer than six
months or a year, should be counted at
the facility, and that prisoners serving
shorter terms should be counted at their
usual residence outside of the facility.
• Some commenters suggested that
the treatment of prisoners is
inconsistent with the treatment of other
residence situations in which people are
temporarily living or staying away from
their permanent address (e.g., travelers
and snowbirds). A few stated that the
proposed residence criteria make it
appear as if the Census Bureau plans to
count boarding school students,
deployed military personnel, truck
drivers, members of Congress, and/or
juveniles in residential treatment
E:\FR\FM\08FER1.SGM
08FER1
nshattuck on DSK9F9SC42PROD with RULES
5528
Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations
facilities at their home address, even if
they do not spend most of their time
there.
• Some commenters suggested that
the number/proportion of comments
submitted on this issue indicates that
there is an overwhelming consensus
urging a change to how prisoners are
counted in the census.
• A few commenters suggested that
the Census Bureau has acknowledged
the need to correct its own data by
proposing to help states with postcensus population adjustments.
Æ Some of these commenters
suggested that ‘‘this ad hoc approach is
neither efficient nor universally
implementable.’’ Some also stated that
many states have laws that would
prevent them from using such
alternative data to adjust their Census
counts for redistricting, and that many
states may not have the resources to
gather the necessary data to provide to
the Census Bureau. Some also expressed
concerns about the states’ inability to
provide data on federal prisoners and
prisoners who are incarcerated in
another state.
Æ Therefore, some of these
commenters suggested that the only way
to implement a consistent solution for
the entire United States is for the
Census Bureau to change the way it
counts prisoners. A few also suggested
that the Census Bureau would be best
able to accomplish this change if all
correctional facilities (local, state, and
federal) and/or all state and federal
corrections departments were required
to collect and maintain accurate records
on each prisoner’s home/preincarceration address.
Four comments were in support of
counting prisoners at the correctional
facility. All of these commenters
suggested that the correctional facility is
the prisoner’s usual residence, or where
they live and sleep most of the time (i.e.,
prisoners are usually in prison, or away
from their pre-incarceration address, for
relatively long periods of time, such as
one year or more). One commenter
further stated that, because people are
usually sent to prison for more than one
year, they are not considered to be only
‘‘temporary residents’’ of the prison
under many government regulations
(other than the Census Bureau’s). One
commenter suggested that it makes
sense to count prisoners at the facility
because the communities in which the
facilities are located are responsible for
providing emergency response and
certain law enforcement services to
those facilities, as well as providing
road maintenance and hospitality
services (e.g., hotels and restaurants) for
VerDate Sep<11>2014
14:13 Feb 07, 2018
Jkt 244001
the family and friends of the prisoners
who travel to the facility for visitation.
One commenter suggested that
counting prisoners at their ‘‘home
address’’ would create unreasonable
burden on the census process because of
the considerable time and effort that
would be necessary, both on the part of
the facility administrators who would
need to research and maintain the
address records, and on the census
enumerators who would need to collect
and ensure the accuracy of the
addresses. One commenter stated that
any approach that would count
prisoners somewhere other than the
prison would likely result in a national
undercount due to the difficulty in
tracking inmates in transit. One
commenter stated that it is not the
Census Bureau’s responsibility to
facilitate states’ redistricting activities
beyond their currently proposed
activities (i.e., providing the
redistricting data file, identifying the
group quarters counts at the block level,
and the proposed option to geocode
prisoner addresses if they are provided
by the state to the Census Bureau).
Twenty comments were neutral
regarding where to count prisoners, in
that they did not state whether they
thought that prisoners should be
counted at the facility or at some other
address. Many of these commenters
stated the importance of equal
representation for all. Some stated that
prisoners should have the right to vote.
A few further clarified that prisoners
should have the right to vote if they are
going to be counted as residents (of any
place) for redistricting purposes, or vice
versa (i.e., if prisoners do not have the
right to vote, then they should not be
counted). One specifically stated that
incarcerated people should not be
counted at all (either at the facility or
elsewhere) because they committed a
crime and are not legally eligible to
vote. A few commenters stated concerns
regarding the fairness or effectiveness of
the criminal justice system.
Census Bureau Response: For the
2020 Census, the Census Bureau will
retain the proposed residence situation
guidance for correctional facilities
(Sections C.13.e, C.15, and C.17.a). The
practice of counting prisoners at the
correctional facility is consistent with
the concept of usual residence, as
established by the Census Act of 1790.
As noted in section A.1 of this
document, ‘‘usual residence’’ is defined
as the place where a person lives and
sleeps most of the time, which is not
always the same as their legal residence,
voting residence, or where they prefer to
be counted. Therefore, counting
prisoners anywhere other than the
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
facility would be less consistent with
the concept of usual residence, since the
majority of people in prisons live and
sleep most of the time at the prison.
States are responsible for legislative
redistricting. The Census Bureau works
closely with the states and recognizes
that some states have decided, or may
decide in the future, to ‘move’ their
prisoner population back to the
prisoners’ pre-incarceration addresses
for redistricting and other purposes.
Therefore, following the 2020 Census,
the Census Bureau plans to offer a
product that states can request, in order
to assist them in their goals of
reallocating their own prisoner
population counts. Any state that
requests this product will be required to
submit a data file (indicating where
each prisoner was incarcerated on
Census Day, as well as their preincarceration address) in a specified
format. The Census Bureau will review
the submitted file and, if it includes the
necessary data, provide a product that
contains supplemental information the
state can use to construct alternative
within-state tabulations for its own
purposes. However, the Census Bureau
will not use the state-provided data in
this product to make any changes to the
official decennial census counts.
The Census Bureau also plans to
provide group quarters data after the
2020 Census sooner than it was
provided after the 2010 Census. For the
2010 Census, the Census Bureau
released the Advance Group Quarters
Summary File showing the seven major
types of group quarters, including
correctional facilities for adults and
juvenile facilities. This early 7 release of
data on the group quarters population
was beneficial to many data users,
including those in the redistricting
community who must consider whether
to include or exclude certain
populations when redrawing boundaries
as a result of state legislation. The
Census Bureau is planning to
incorporate similar group quarters
information in the standard
Redistricting Data (Public Law 94–171)
Summary File for 2020.
2. Comments on the Military Overseas
Of the 44 comments received
pertaining to the military overseas, 40
supported the Census Bureau proposal
7 The Advance Group Quarters Summary File was
released on April 20, 2011, which was earlier than
when that GQ data was originally planned to be
released in the Summary File 1 that was released
on June 16–August 25, 2011. The earlier release
made it easier to use these GQ data in conjunction
with the Redistricting Data (Public Law 94–171)
Summary File, which was released on February 3–
March 24, 2011.
E:\FR\FM\08FER1.SGM
08FER1
Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations
nshattuck on DSK9F9SC42PROD with RULES
to treat military personnel who are
temporarily deployed overseas on a
short-term basis differently than
military personnel who are stationed
overseas on a more long-term basis.
More specifically, most of these
commenters suggested that military
personnel who are deployed overseas
should be counted at their usual
residence in the United States where
they were stationed at the time they
were deployed, and included in the
local community-level resident
population counts.
Many commenters stated that
counting deployed military personnel at
their usual residence (where they are
stationed) in the United States would
more accurately reflect the social and
economic impact that these personnel
members have on the communities
where they usually work, recreate, and
reside. Many commenters similarly
stated that deployed personnel should
be counted at their usual residence in
the United States in order to ensure that
the communities surrounding military
bases are able to obtain the necessary
resources and funding to support the
soldiers who serve our country and their
families, as well as accurate data to
inform community planning. These
commenters stated that the
aforementioned planning, funding, and
other resources would support
community services such as police and
fire departments, schools, roads, parks,
utilities, and other infrastructure and
amenities.
Some commenters stated that
deployments from specific military
bases typically happen in surges to
support specific events, such as combat
missions or natural disasters. Therefore,
these commenters suggested that, if an
event like this happens around the time
of the census enumeration, then the
population of the community
surrounding that military base would be
grossly undercounted if the deployed
personnel were not counted there. One
commenter suggested that counting
deployed personnel at their usual
residence would produce more
consistent results than counting them at
their home of record because the
Department of Defense records on
military personnel members’ home of
record 8 were not well maintained prior
to the 2010 Census.
8 Home of record is generally the permanent
home of the person at the time of entry or reenlistment into the Armed Forces, as included on
personnel files. For the 2010 Census, if home of
record information was not available for a person,
the Department of Defense used the person’s ‘‘legal
residence’’ (the residence a member declares for
state income tax withholding purposes), or thirdly,
‘‘last duty station,’’ to assign a home state.
VerDate Sep<11>2014
14:13 Feb 07, 2018
Jkt 244001
Some commenters suggested that the
military member’s permanent duty
station from which they were deployed
is their usual residence (i.e., where they
live and sleep most of the time), and
some commenters stated that counting
deployed personnel at their usual
residence in the United States would be
consistent with how the Census Bureau
counts other people who are
temporarily away for work purposes. A
few commenters stated that
deployments are typically short in
duration, and one commenter stated that
the Army plans to further shorten the
length of deployments in the future. A
few commenters stated that deployed
personnel must return to their
permanent duty station in the United
States after the deployment ends, and a
few commenters stated that many
deployed personnel have families that
live with them at their permanent duty
station and maintain their residence
while the military member is deployed.
Some commenters stated that many of
the family members of deployed
military were confused during the 2010
Census about whether they should
count themselves at their usual
residence because they were instructed
that their deployed family member
would be counted through
administrative records, and they
assumed the same would be true for
them as well. One of these commenters
stated that proposed residence guidance
for how deployed personnel would be
counted in the 2020 Census should
reduce some of this confusion.
However, all of these commenters
encouraged the Census Bureau to
conduct a strong communication and
outreach program to ensure that all
family members of deployed personnel
are made aware of the fact that they still
need to complete the census
questionnaire for themselves.
One commenter expressed concern
about footnote 5 in the proposed
residence criteria documentation, which
said: ‘‘The ability to successfully
integrate the DOD data on deployed
personnel into the resident population
counts must be evaluated and confirmed
prior to the 2020 Census.’’ The
commenter was worried that the
proposed change for counting deployed
military might not be implemented if
the research and evaluations are not
completed before final decisions must
be made, and they suggested that such
research is not necessary because the
Census Bureau already uses data from
the Defense Manpower Data Center
when producing annual population
estimates at the national, state, and
county levels. This commenter also
recommended that if the proposed
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
5529
change for counting deployed military is
implemented for the 2020 Census, then
the Census Bureau should also ensure
that the methodology used to produce
the annual population estimates is
revised accordingly.
One commenter expressed support for
the proposal to include military and
civilian employees of the U.S.
government who are deployed or
stationed/assigned overseas and are not
U.S. citizens (but must be legal U.S.
residents to meet the requirements for
federal employment) in the Federally
Affiliated Overseas Count, because these
people have met the requirements to
qualify for federal employment and
have pledged to serve our country. They
also stated that this proposal would be
consistent with the fact that citizenship
status is not a requirement for
determining a person’s residence.
Three comments opposed the
proposal to count deployed military at
their usual residence in the United
States from which they were deployed.
One commenter suggested that all
overseas military personnel should be
counted in the same way, and that there
is not a good reason to treat deployed
personnel as a separate category from
personnel who are stationed overseas.
One commenter suggested that the
Census Bureau should continue to count
all overseas military personnel,
including those who are deployed, in
the state where they lived when they
enlisted (i.e., their home of record)
because military personnel are typically
reassigned to a different permanent duty
station every few years throughout their
career, and their home of record is
where they have the strongest ties. One
commenter suggested that the Census
Bureau should not implement the
proposed change to how deployed
military are counted because that
change would weaken the argument for
continuing to count prisoners at the
correctional facility where they are
incarcerated on Census Day. This
commenter also recommended that the
Census Bureau should make a stronger
case for the distinction between these
two large populations (i.e., deployed
military personnel versus prisoners).
One comment was neutral regarding
where to count overseas military
personnel, in that they did not state
where they thought deployed personnel
should be counted. They simply stated
that it appeared that not all of the
locally stationed military personnel and
their dependents were being counted,
and asked for more information on
whether this was true and/or how to
ensure they were counted in the future.
Census Bureau Response: For the
2020 Census, the Census Bureau will
E:\FR\FM\08FER1.SGM
08FER1
5530
Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations
nshattuck on DSK9F9SC42PROD with RULES
retain the proposed residence situation
guidance for overseas military personnel
(Sections C.4.a–b and C.13.f–g). This
guidance makes a distinction between
personnel who are deployed overseas
and those who are stationed or assigned
overseas. Deployments are typically
short in duration, and the deployed
personnel will be returning to their
usual residence where they are
stationed or assigned in the United
States after their temporary deployment
ends. Personnel stationed or assigned
overseas generally remain overseas for
longer periods of time and often do not
return to the previous stateside location
from which they left. Therefore,
counting deployed personnel at their
usual residence in the United States
follows the standard interpretation of
the residence criteria to count people at
their usual residence if they are
temporarily away for work purposes.
The Census Bureau will use
administrative data from the
Department of Defense to count
deployed personnel at their usual
residence in the United States for
apportionment purposes and for
inclusion in the resident population
counts. The Census Bureau will count
military and civilian employees of the
U.S. government who are stationed or
assigned outside the United States, and
their dependents living with them, in
their home state, for apportionment
purposes only, using administrative
data provided by the Department of
Defense and the other federal agencies
that employ them.
The Census Bureau has been
communicating with stakeholders from
various military communities and plans
to work closely with military
stakeholders to plan and carry out the
enumeration of military personnel. As
the planning process moves forward,
there will be continued testing of our
process for integrating DOD data on
deployed personnel into the resident
population counts.
3. Comments on Health Care Facilities
Four comments were related to health
care facilities. One commenter simply
stated that they agree with the Census
Bureau’s proposal regarding how to
count people in health care facilities.
One commenter suggested that the
Census Bureau add residence guidance
specifically regarding memory care
centers as a separate category from
nursing facilities because the nature of
Alzheimer’s disease and Dementia
necessitates that these patients be
enumerated through administrative
records in order to ensure the accuracy
of the data. One commenter suggested
that people in psychiatric facilities
VerDate Sep<11>2014
14:13 Feb 07, 2018
Jkt 244001
should be counted at the residence
where they were living before they
entered the facility because they will
most likely return to their prior
community, which is where they would
normally vote. This commenter also
stated that these people should be
counted in their prior communities in
order to ensure that those communities
receive the proper allocation of
representatives and resources.
One commenter similarly suggested
that people living in psychiatric
hospitals on Census Day should be
counted at the residence where they
sleep most of the time, and only
counted at the facility if they do not
have a usual home elsewhere. They
stated that the Census Bureau
misunderstands the functioning of state
and private psychiatric hospitals, which
today provide primarily acute and short
term treatment (e.g., less than two
weeks, in most cases). They also stated
that most patients in these facilities are
likely to have a permanent residence
elsewhere. The same commenter also
stated that the Census Bureau’s proposal
for how to count people in nursing/
skilled-nursing facilities does not best
capture the experience of people with
disabilities who are in the process of
transitioning from group housing to
more independent housing. Therefore,
the commenter suggested that the
Census Bureau should alter the
proposed guidance in order to allow
people in nursing/skilled-nursing
facilities to be counted at a residence to
which they are actively preparing to
transition.
Census Bureau Response: For the
2020 Census, the Census Bureau will
retain the proposed residence situation
guidance for health care facilities
(Section C.11). Separate residence
guidance was not added for memory
care centers because these types of
facilities would be considered
subcategories of assisted living facilities
and nursing facilities/skilled nursing
facilities (Section C.11), and the
guidance provided for these types of
facilities is sufficient. Patients in mental
(psychiatric) hospitals and psychiatric
units in other hospitals (where the
primary function is for long-term nonacute care) will be counted at the
facility because the facilities or units
within the facilities are primarily
serving long-term non-acute patients
who live and sleep at the facility most
of time. Because people must be
counted at their current usual residence,
rather than a future usual residence, the
residence guidance for patients in
nursing/skilled-nursing facilities will
not be revised to allow some people to
be counted at a residence to which they
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
are actively preparing to transition.
Comments on health care facilities not
addressed in this section were
considered out of scope for this
document.
4. Comments on Foreign Citizens in the
United States
Three comments were related to
foreign citizens in the United States.
One commenter simply stated that they
agree with the Census Bureau’s proposal
regarding how foreign citizens are
counted. One commenter suggested that
the Census Bureau should add wording
to clarify whether foreign ‘‘snowbirds’’
(i.e., foreign citizens who stay in a
seasonal residence in the United States
for multiple months) are considered to
be ‘‘living’’ in the United States or only
‘‘visiting’’ the United States. In order to
more accurately reflect the impact of
foreign snowbirds on local jurisdictions
in the United States, this commenter
suggested defining those who are
‘‘living’’ in the United States as those
who are ‘‘living or staying in the United
States for an extended period of time
exceeding ____months.’’ One
commenter expressed concern about the
impact of including undocumented
people in the population counts for
redistricting because these people
cannot vote, and they stated that this
practice encourages gerrymandering.
This commenter suggested collecting
data to identify the citizen voting age
population (CVAP), so that the data
could be used to prevent
gerrymandering in gateway
communities during the redistricting
process.
Census Bureau Response: For the
2020 Census, the Census Bureau will
retain the proposed residence situation
guidance for foreign citizens in the
United States (Section C.3). Foreign
citizens are considered to be ‘‘living’’ in
the United States if, at the time of the
census, they are living and sleeping
most of the time at a residence in the
United States. Section C.3 provides
sufficient guidance for foreign citizens
either living in or visiting the United
States. Section C.5 provides additional
guidance regarding ‘‘snowbirds.’’
Comments on foreign citizens in the
United States not addressed in this
section were considered out of scope for
this document.
5. Comments on Juvenile Facilities
Three comments were related to
juvenile facilities. One commenter
simply stated that they agree with the
Census Bureau’s proposal regarding
how to count juveniles in noncorrectional residential treatment
centers. One commenter stated that
E:\FR\FM\08FER1.SGM
08FER1
Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations
nshattuck on DSK9F9SC42PROD with RULES
juveniles in all three types of juvenile
facilities (i.e., correctional facilities,
non-correctional group homes, and noncorrectional residential treatment
centers) should be counted at their
usual residence. One commenter
similarly stated that people in juvenile
facilities should be counted at their
usual residence outside the facility, but
the context of the comment showed that
this commenter was referring mostly to
correctional facilities for juveniles
(rather than non-correctional group
homes and non-correctional residential
treatment centers).
Census Bureau Response: For the
2020 Census, the Census Bureau will
retain the proposed residence situation
guidance for juvenile facilities (Section
C.17). People in correctional facilities
for juveniles and non-correctional group
homes for juveniles will be counted at
the facility because the majority of
people in these types of facilities live
and sleep there most of the time. People
in non-correctional residential treatment
centers for juveniles will be counted at
the residence where they live and sleep
most of the time (or at the facility if they
do not have a usual home elsewhere)
because these people typically stay at
the facility temporarily and often have
a usual home elsewhere to return to
after treatment is completed.
6. Comments on People in Shelters and
People Experiencing Homelessness
Three comments were related to
people in shelters and people
experiencing homelessness. One
expressed agreement with the Census
Bureau’s proposal regarding how to
count people in all of the subcategories
of this residence situation except for the
subcategory of people in domestic
violence shelters. This commenter
suggested that people in domestic
violence shelters should be allowed to
be counted at their last residence
address prior to the shelter, due to the
temporary nature of their stay and the
confidentiality of that shelter’s location.
One commenter suggested that the
Census Bureau add residence guidance
specifically regarding ‘‘temporarily
moved persons due to emergencies’’
(e.g., displaced from their home by a
hurricane or earthquake). This
commenter stated that these people
should be counted ‘‘in their normal
prior residential locations’’ (if they state
the intention to return to that prior
location after their home is repaired/
rebuilt) so that accurate decisions can be
made regarding funding for rebuilding
and infrastructure restoration in those
locations. One commenter requested
that the Census Bureau publish national
and/or state level population counts for
VerDate Sep<11>2014
14:13 Feb 07, 2018
Jkt 244001
the subcategory of people in emergency
and transitional shelters with sleeping
facilities for people experiencing
homelessness. This commenter stated
that these data are important to both
housing advocates trying to assess the
housing needs of people with
disabilities, and to legal advocates
working to enforce the community
integration mandates of the Americans
with Disabilities Act.
Census Bureau Response: For the
2020 Census, the Census Bureau will
retain the proposed residence situation
guidance for people in shelters and
people experiencing homelessness
(Section C.21).
The proposed residence guidance
already allows people who are
temporarily displaced by natural
disasters to be counted at their usual
residence to which they intend to
return. People in temporary group living
quarters established for victims of
natural disasters will be counted where
they live and sleep most of the time (or
at the facility if they do not report a
usual home elsewhere). In addition,
people who are temporarily displaced or
experiencing homelessness, and are
staying in a residence for a short or
indefinite period of time, will be
counted at the residence where they live
and sleep most of the time. If they
cannot determine a place where they
live most of the time, they will be
counted where they are staying on
Census Day.
7. Comments on College Students and
Boarding School Students
Two comments were related to
boarding school students, and two
comments were related to college
students. One commenter simply stated
that they agree with the Census Bureau’s
proposal regarding how to count
boarding school students and college
students. One commenter suggested that
they agree with counting college
students at their college residence
because that would better ensure that all
college students are counted in the
census. One commenter suggested that
boarding school students should be
counted at the school because that is
where they live and sleep most of the
time, and they participate in (and
consume the resources of) the
community where the school is located.
This commenter also stated that
counting boarding school students at
their parental home is inconsistent with
the fact that college students are
counted at their college residence,
considering that college students are
often just as dependent on their parents
as boarding school students.
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
5531
Census Bureau Response: For the
2020 Census, the Census Bureau will
retain the proposed residence situation
guidance for college students (Section
C.10.a–e) and boarding school students
(Section C.9.a). The Census Bureau has
historically counted boarding school
students at their parental home, and
will continue doing so because of the
students’ age and dependency on their
parents, and the likelihood that they
will return to their parents’ residence
when they are not attending their
boarding school (e.g., weekends,
summer/winter breaks, and when they
stop attending the school).
8. Comments on Non-Correctional Adult
Group Homes and Residential
Treatment Centers
Two comments were related to adult
group homes and residential treatment
centers. One commenter suggested that
all people in adult group homes and
adult residential treatment centers
should be counted at their usual
residence other than the facility,
because counting them at the facility is
not consistent with their state’s
definition of residence. One commenter
stated that the Census Bureau’s proposal
for how to count people in adult group
homes does not best capture the
experience of people with disabilities
who are in the process of transitioning
from group housing to more
independent housing. Therefore, the
commenter suggested that the Census
Bureau should alter the proposed
guidance in order to allow people in
adult group homes to be counted at a
residence to which they are actively
preparing to transition. The same
commenter also requested that the
Census Bureau publish national and/or
state level population counts for the
subcategories of people in adult group
homes and adult residential treatment
centers. This commenter stated that
these data are important to both housing
advocates trying to assess the housing
needs of people with disabilities, and to
legal advocates working to enforce the
community integration mandates of the
Americans with Disabilities Act.
Census Bureau Response: For the
2020 Census, the Census Bureau will
retain the proposed residence situation
guidance for people in non-correctional
adult group homes and residential
treatment centers (Section C.16). People
in non-correctional group homes for
adults will be counted at the facility
because the majority of people in these
types of facilities live and sleep there
most of the time. People in noncorrectional residential treatment
centers for adults will be counted at the
residence where they live and sleep
E:\FR\FM\08FER1.SGM
08FER1
5532
Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations
nshattuck on DSK9F9SC42PROD with RULES
most of the time (or at the facility if they
do not have a usual home elsewhere)
because these people typically stay at
the facility temporarily and often have
a usual home elsewhere to return to
after treatment is completed.
The residence guidance for people in
adult group homes will not be revised
to allow some people to be counted at
a residence to which they are actively
preparing to transition because people
must be counted at their current usual
residence, rather than a future usual
residence. Comments on noncorrectional adult group homes and
residential treatment centers not
addressed in this section were
considered out of scope for this
document.
9. Comments on Transitory Locations
Two comments were related to
transitory locations. One commenter
simply stated that they agree with the
Census Bureau’s proposal regarding
how to count people in transitory
locations. One commenter stated that
the proposed residence guidance for
transitory locations is acceptable
because it is consistent with the concept
of usual residence. However, they were
concerned that the procedures used in
the 2010 Census may have caused
certain types of people to not be
counted in the census because these
people typically move seasonally from
one transitory location (e.g., RV park) to
another throughout the year, but the
location where they are staying on
Census Day may not be the location
where they spend most of the year. This
commenter stated that, during the 2010
Census, if the transitory location where
a person was staying on Census Day was
not where they stayed most of the time,
then they were not enumerated at that
location because the assumption was
that they would be enumerated at their
usual residence. Therefore, the
commenter was concerned that people
who stayed in one RV park for a few
months around Census Day were not
counted at that RV park if they
indicated that they usually lived
elsewhere (e.g., another RV park), and
they would also not have been counted
at that other RV park when they are
there later that year (after the census
enumeration period ends). The
commenter suggested that we add
procedures to account for people who
spend most of their time in a
combination of multiple transitory
locations.
Census Bureau Response: For the
2020 Census, the Census Bureau will
retain the proposed residence situation
guidance for people in transitory
locations (Section C.18). Sufficient
VerDate Sep<11>2014
14:13 Feb 07, 2018
Jkt 244001
guidance for people in transitory
locations, including those living in
recreational vehicles, is provided in
Section C.18. Comments on transitory
locations not addressed in this section
were considered out of scope for this
document.
10. Comments on Visitors on Census
Day
Two comments were related to
visitors on Census Day. One commenter
simply stated that they agree with the
Census Bureau’s proposal regarding
how to count visitors on Census Day.
One commenter asked whether the
Census Bureau would count all
vacationers in a specific state as
residents of that state.
Census Bureau Response: For the
2020 Census, the Census Bureau will
retain the proposed residence situation
guidance for visitors on Census Day
(Section C.2). People who are
temporarily visiting a location on
Census Day will be counted where they
live and sleep most of the time. If they
do not have a usual residence to return
to, they will be counted where they are
staying on Census Day.
11. Comments on People Who Live or
Stay in More Than One Place
Two comments were related to people
who live or stay in more than one place.
One commenter simply stated that they
agree with the Census Bureau’s proposal
regarding how to count people who live
or stay in more than one place. One
commenter suggested that the Census
Bureau add more clarification to the
residence guidance regarding where
‘‘snowbirds’’ (i.e., seasonal residents)
are counted.
Census Bureau Response: For the
2020 Census, the Census Bureau will
retain the proposed residence situation
guidance for people who live or stay in
more than one place (Section C.5).
People who travel seasonally between
residences (e.g., snowbirds) will be
counted at the residence where they live
and sleep most of the time. If they
cannot determine a place where they
live most of the time, they will be
counted where they are staying on
Census Day.
12. Comments on Merchant Marine
Personnel
Two comments were related to
merchant marine personnel, and both
commenters simply stated that they
agree with the Census Bureau’s proposal
regarding how to count merchant
marine personnel.
Census Bureau Response: For the
2020 Census, the Census Bureau will
retain the proposed residence situation
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
guidance for merchant marine personnel
(Section C.14).
13. Comments on Religious Group
Quarters
Two comments were related to
religious group quarters. One
commenter simply stated that they agree
with the Census Bureau’s proposal
regarding how to count people in
religious group quarters. One
commenter expressed agreement with
the proposal because most religious
group quarters are long-term residences
that align with the concept of usual
residence.
Census Bureau Response: For the
2020 Census, the Census Bureau will
retain the proposed residence situation
guidance for religious group quarters
(Section C.20).
14. Comments on Other Residence
Situations
There was one letter that included a
comment on every residence situation,
and each of those topic-specific
comments was included as appropriate
among the comments regarding the
corresponding residence situations
discussed above. However, for each of
the other residence situations not
already discussed above, the commenter
stated that they agreed with how the
Census Bureau proposed to count
people in the following residence
situations.
• People away from their usual
residence on Census Day (e.g., on
vacation or business trip) (Section C.1).
• People living outside the United
States (Section C.4).
• People moving into or out of a
residence around Census Day (Section
C.6).
• People who are born or who die
around Census Day (Section C.7).
• Relatives and nonrelatives (Section
C.8).
• Residential schools for people with
disabilities (Section C.9.b–c).
• Housing for older adults (Section
C.12).
• Stateside military personnel
(Section C.13.a–e).
• Workers’ residential facilities
(Section C.19).
Census Bureau Response: For the
2020 Census, the Census Bureau will
retain the proposed guidance for the
residence situations listed in this
section (B.14).
15. Comments on the Concept of Usual
Residence or the General Residence
Criteria
There was one comment on the
concept of usual residence, in which the
commenter expressed agreement with
E:\FR\FM\08FER1.SGM
08FER1
Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations
the definition of ‘‘usual residence’’ as
being the place where a person lives and
sleeps most of the time.
There were seven comments on the
general residence criteria. One
commenter simply supported the entire
residence criteria and residence
situations documentation. Two
commenters stated that they specifically
agree with the three main principles of
the residence criteria. One commenter
disagreed with ‘‘this method of tallying
the U.S. population,’’ but did not refer
to any specific residence situation. One
commenter stated that every resident
should be counted in the census. One
commenter stated that every citizen
should be counted in the census. One
commenter suggested that the Census
Bureau count people who are away from
their home at the time of the census
using a code to indicate the reason why
they are away (e.g., travel, work,
incarceration, etc.).
Census Bureau Response: For the
2020 Census, the Census Bureau will
retain the three main principles of the
residence criteria (see introduction
portion of section C). The goal of the
decennial census is to count all people
who are living in the United States on
Census Day at their usual residence.
Comments on the concept of usual
residence or general residence criteria
not addressed in this section were
considered out of scope for this
document.
1. People Away From Their Usual
Residence on Census Day
16. Other Comments
(a) People deployed outside the
United States 9 on Census Day (while
stationed or assigned in the United
States) who are military or civilian
employees of the U.S. government—
Counted at the U.S. residence where
they live and sleep most of the time,
using administrative data provided by
federal agencies.10
There were 18 comments that did not
directly address the residence criteria or
any particular residence situation.
Census Bureau Response: Comments
that did not directly address the
residence criteria or any particular
residence situation are out of scope for
this document.
nshattuck on DSK9F9SC42PROD with RULES
C. The Final 2020 Census Residence
Criteria and Residence Situations
The Residence Criteria are used to
determine where people are counted
during the 2020 Census. The Criteria
say:
• Count people at their usual
residence, which is the place where
they live and sleep most of the time.
• People in certain types of group
facilities on Census Day are counted at
the group facility.
• People who do not have a usual
residence, or who cannot determine a
usual residence, are counted where they
are on Census Day.
The following sections describe how
the Residence Criteria apply to certain
living situations for which people
commonly request clarification.
VerDate Sep<11>2014
14:13 Feb 07, 2018
Jkt 244001
People away from their usual
residence on Census Day, such as on a
vacation or a business trip, visiting,
traveling outside the United States, or
working elsewhere without a usual
residence there (for example, as a truck
driver or traveling salesperson)—
Counted at the residence where they
live and sleep most of the time.
2. Visitors on Census Day
Visitors on Census Day—Counted at
the residence where they live and sleep
most of the time. If they do not have a
usual residence to return to, they are
counted where they are staying on
Census Day.
3. Foreign Citizens in the United States
(a) Citizens of foreign countries living
in the United States—Counted at the
U.S. residence where they live and sleep
most of the time.
(b) Citizens of foreign countries living
in the United States who are members
of the diplomatic community—Counted
at the embassy, consulate, United
Nations’ facility, or other residences
where diplomats live.
(c) Citizens of foreign countries
visiting the United States, such as on a
vacation or business trip—Not counted
in the census.
4. People Living Outside the United
States
9 In this document, ‘‘Outside the United States’’
and ‘‘foreign port’’ are defined as being anywhere
outside the geographical area of the 50 United
States and the District of Columbia. Therefore, the
Commonwealth of Puerto Rico, the U.S. Virgin
Islands, the Pacific Island Areas (American Samoa,
Guam, and the Commonwealth of the Northern
Mariana Islands), and all foreign countries are
considered to be ‘‘outside the United States.’’
Conversely, ‘‘stateside,’’ ‘‘U.S. homeport,’’ and
‘‘U.S. port’’ are defined as being anywhere in the
50 United States and the District of Columbia.
10 Military and civilian employees of the U.S.
government who are deployed or stationed/assigned
outside the United States (and their dependents
living with them outside the United States) are
counted using administrative data provided by the
Department of Defense and the other federal
agencies that employ them. If they are deployed
outside the United States (while stationed/assigned
in the United States), the administrative data are
used to count them at their usual residence in the
United States. Otherwise, if they are stationed/
assigned outside the United States, the
administrative data are used to count them (and
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
5533
(b) People stationed or assigned
outside the United States on Census Day
who are military or civilian employees
of the U.S. government, as well as their
dependents living with them outside the
United States—Counted as part of the
U.S. federally affiliated overseas
population, using administrative data
provided by federal agencies.
(c) People living outside the United
States on Census Day who are not
military or civilian employees of the
U.S. government and are not
dependents living with military or
civilian employees of the U.S.
government—Not counted in the
stateside census.
5. People Who Live or Stay in More
Than One Place
(a) People living away most of the
time while working, such as people who
live at a residence close to where they
work and return regularly to another
residence—Counted at the residence
where they live and sleep most of the
time. If they cannot determine a place
where they live most of the time, they
are counted where they are staying on
Census Day.
(b) People who live or stay at two or
more residences (during the week,
month, or year), such as people who
travel seasonally between residences
(for example, snowbirds)—Counted at
the residence where they live and sleep
most of the time. If they cannot
determine a place where they live most
of the time, they are counted where they
are staying on Census Day.
(c) Children in shared custody or
other arrangements who live at more
than one residence—Counted at the
residence where they live and sleep
most of the time. If they cannot
determine a place where they live most
of the time, they are counted where they
are staying on Census Day.
6. People Moving Into or Out of a
Residence Around Census Day
(a) People who move into a new
residence on or before Census Day—
Counted at the new residence where
they are living on Census Day.
(b) People who move out of a
residence on Census Day and do not
move into a new residence until after
Census Day—Counted at the old
residence where they were living on
Census Day.
(c) People who move out of a
residence before Census Day and do not
move into a new residence until after
Census Day—Counted at the residence
where they are staying on Census Day.
their dependents living with them outside the
United States) in their home state for
apportionment purposes only.
E:\FR\FM\08FER1.SGM
08FER1
5534
Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations
7. People Who Are Born or Who Die
Around Census Day
(a) Babies born on or before Census
Day—Counted at the residence where
they will live and sleep most of the
time, even if they are still in a hospital
on Census Day.
(b) Babies born after Census Day—Not
counted in the census.
(c) People who die before Census
Day—Not counted in the census.
(d) People who die on or after Census
Day—Counted at the residence where
they were living and sleeping most of
the time as of Census Day.
nshattuck on DSK9F9SC42PROD with RULES
8. Relatives and Nonrelatives
(a) Babies and children of all ages,
including biological, step, and adopted
children, as well as grandchildren—
Counted at the residence where they
live and sleep most of the time. If they
cannot determine a place where they
live most of the time, they are counted
where they are staying on Census Day.
(Only count babies born on or before
Census Day.)
(b) Foster children—Counted at the
residence where they live and sleep
most of the time. If they cannot
determine a place where they live most
of the time, they are counted where they
are staying on Census Day.
(c) Spouses and close relatives, such
as parents or siblings—Counted at the
residence where they live and sleep
most of the time. If they cannot
determine a place where they live most
of the time, they are counted where they
are staying on Census Day.
(d) Extended relatives, such as
grandparents, nieces/nephews, aunts/
uncles, cousins, or in-laws—Counted at
the residence where they live and sleep
most of the time. If they cannot
determine a place where they live most
of the time, they are counted where they
are staying on Census Day.
(e) Unmarried partners—Counted at
the residence where they live and sleep
most of the time. If they cannot
determine a place where they live most
of the time, they are counted where they
are staying on Census Day.
(f) Housemates or roommates—
Counted at the residence where they
live and sleep most of the time. If they
cannot determine a place where they
live most of the time, they are counted
where they are staying on Census Day.
(g) Roomers or boarders—Counted at
the residence where they live and sleep
most of the time. If they cannot
determine a place where they live most
of the time, they are counted where they
are staying on Census Day.
(h) Live-in employees, such as
caregivers or domestic workers—
VerDate Sep<11>2014
14:13 Feb 07, 2018
Jkt 244001
Counted at the residence where they
live and sleep most of the time. If they
cannot determine a place where they
live most of the time, they are counted
where they are staying on Census Day.
(i) Other nonrelatives, such as
friends—Counted at the residence
where they live and sleep most of the
time. If they cannot determine a place
where they live most of the time, they
are counted where they are staying on
Census Day.
9. People in Residential School-Related
Facilities
(a) Boarding school students living
away from their parents’ or guardians’
home while attending boarding school
below the college level, including
Bureau of Indian Affairs boarding
schools—Counted at their parents’ or
guardians’ home.
(b) Students in residential schools for
people with disabilities on Census
Day—Counted at the school.
(c) Staff members living at boarding
schools or residential schools for people
with disabilities on Census Day—
Counted at the residence where they
live and sleep most of the time. If they
do not have a usual home elsewhere,
they are counted at the school.
10. College Students (and Staff Living in
College Housing)
(a) College students living at their
parents’ or guardians’ home while
attending college in the United States—
Counted at their parents’ or guardians’
home.
(b) College students living away from
their parents’ or guardians’ home while
attending college in the United States
(living either on-campus or offcampus)—Counted at the on-campus or
off-campus residence where they live
and sleep most of the time. If they are
living in college/university student
housing (such as dormitories or
residence halls) on Census Day, they are
counted at the college/university
student housing.
(c) College students living away from
their parents’ or guardians’ home while
attending college in the United States
(living either on-campus or off-campus)
but staying at their parents’ or
guardians’ home while on break or
vacation—Counted at the on-campus or
off-campus residence where they live
and sleep most of the time. If they are
living in college/university student
housing (such as dormitories or
residence halls) on Census Day, they are
counted at the college/university
student housing.
(d) College students who are U.S.
citizens living outside the United States
while attending college outside the
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
United States—Not counted in the
stateside census.
(e) College students who are foreign
citizens living in the United States while
attending college in the United States
(living either on-campus or offcampus)—Counted at the on-campus or
off-campus U.S. residence where they
live and sleep most of the time. If they
are living in college/university student
housing (such as dormitories or
residence halls) on Census Day, they are
counted at the college/university
student housing.
(f) Staff members living in college/
university student housing (such as
dormitories or residence halls) on
Census Day—Counted at the residence
where they live and sleep most of the
time. If they do not have a usual home
elsewhere, they are counted at the
college/university student housing.
11. People in Health Care Facilities
(a) People in general or Veterans
Affairs hospitals (except psychiatric
units) on Census Day, including
newborn babies still in the hospital on
Census Day—Counted at the residence
where they live and sleep most of the
time. Newborn babies are counted at the
residence where they will live and sleep
most of the time. If patients or staff
members do not have a usual home
elsewhere, they are counted at the
hospital.
(b) People in mental (psychiatric)
hospitals and psychiatric units in other
hospitals (where the primary function is
for long-term non-acute care) on Census
Day—Patients are counted at the
facility. Staff members are counted at
the residence where they live and sleep
most of the time. If staff members do not
have a usual home elsewhere, they are
counted at the facility.
(c) People in assisted living
facilities 11 where care is provided for
individuals who need help with the
activities of daily living but do not need
the skilled medical care that is provided
in a nursing home—Residents and staff
members are counted at the residence
where they live and sleep most of the
time.
(d) People in nursing facilities/skillednursing facilities (which provide longterm non-acute care) on Census Day—
11 Nursing facilities/skilled-nursing facilities, inpatient hospice facilities, assisted living facilities,
and housing intended for older adults may coexist
within the same entity or organization in some
cases. For example, an assisted living facility may
have a skilled-nursing floor or wing that meets the
nursing facility criteria, which means that specific
floor or wing is counted according to the guidelines
for nursing facilities/skilled-nursing facilities, while
the rest of the living quarters in that facility are
counted according to the guidelines for assisted
living facilities.
E:\FR\FM\08FER1.SGM
08FER1
Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations
Patients are counted at the facility. Staff
members are counted at the residence
where they live and sleep most of the
time. If staff members do not have a
usual home elsewhere, they are counted
at the facility.
(e) People staying at in-patient
hospice facilities on Census Day—
Counted at the residence where they
live and sleep most of the time. If
patients or staff members do not have a
usual home elsewhere, they are counted
at the facility.
nshattuck on DSK9F9SC42PROD with RULES
12. People in Housing for Older Adults
People in housing intended for older
adults, such as active adult
communities, independent living, senior
apartments, or retirement
communities—Residents and staff
members are counted at the residence
where they live and sleep most of the
time.
13. U.S. Military Personnel
(a) U.S. military personnel assigned to
military barracks/dormitories in the
United States on Census Day—Counted
at the military barracks/dormitories.
(b) U.S. military personnel (and
dependents living with them) living in
the United States (living either on base
or off base) who are not assigned to
barracks/dormitories on Census Day—
Counted at the residence where they
live and sleep most of the time.
(c) U.S. military personnel assigned to
U.S. military vessels with a U.S.
homeport on Census Day—Counted at
the onshore U.S. residence where they
live and sleep most of the time. If they
have no onshore U.S. residence, they are
counted at their vessel’s homeport.
(d) People who are active duty
patients assigned to a military treatment
facility in the United States on Census
Day—Patients are counted at the
facility. Staff members are counted at
the residence where they live and sleep
most of the time. If staff members do not
have a usual home elsewhere, they are
counted at the facility.
(e) People in military disciplinary
barracks and jails in the United States
on Census Day—Prisoners are counted
at the facility. Staff members are
counted at the residence where they live
and sleep most of the time. If staff
members do not have a usual home
elsewhere, they are counted at the
facility.
(f) U.S. military personnel who are
deployed outside the United States
(while stationed in the United States)
and are living on or off a military
installation outside the United States on
Census Day—Counted at the U.S.
residence where they live and sleep
most of the time, using administrative
VerDate Sep<11>2014
14:13 Feb 07, 2018
Jkt 244001
data provided by the Department of
Defense.
(g) U.S. military personnel who are
stationed outside the United States and
are living on or off a military
installation outside the United States on
Census Day, as well as their dependents
living with them outside the United
States—Counted as part of the U.S.
federally affiliated overseas population,
using administrative data provided by
the Department of Defense.
(h) U.S. military personnel assigned to
U.S. military vessels with a homeport
outside the United States on Census
Day—Counted as part of the U.S.
federally affiliated overseas population,
using administrative data provided by
the Department of Defense.
14. Merchant Marine Personnel on U.S.
Flag Maritime/Merchant Vessels
(a) Crews of U.S. flag maritime/
merchant vessels docked in a U.S. port,
sailing from one U.S. port to another
U.S. port, sailing from a U.S. port to a
foreign port, or sailing from a foreign
port to a U.S. port on Census Day—
Counted at the onshore U.S. residence
where they live and sleep most of the
time. If they have no onshore U.S.
residence, they are counted at their
vessel. If the vessel is docked in a U.S.
port, sailing from a U.S. port to a foreign
port, or sailing from a foreign port to a
U.S. port, crewmembers with no
onshore U.S. residence are counted at
the U.S. port. If the vessel is sailing from
one U.S. port to another U.S. port,
crewmembers with no onshore U.S.
residence are counted at the port of
departure.
(b) Crews of U.S. flag maritime/
merchant vessels engaged in U.S. inland
waterway transportation on Census
Day—Counted at the onshore U.S.
residence where they live and sleep
most of the time.
(c) Crews of U.S. flag maritime/
merchant vessels docked in a foreign
port or sailing from one foreign port to
another foreign port on Census Day—
Not counted in the stateside census.
15. People in Correctional Facilities for
Adults
(a) People in federal and state prisons
on Census Day—Prisoners are counted
at the facility. Staff members are
counted at the residence where they live
and sleep most of the time. If staff
members do not have a usual home
elsewhere, they are counted at the
facility.
(b) People in local jails and other
municipal confinement facilities on
Census Day—Prisoners are counted at
the facility. Staff members are counted
at the residence where they live and
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
5535
sleep most of the time. If staff members
do not have a usual home elsewhere,
they are counted at the facility.
(c) People in federal detention centers
on Census Day, such as Metropolitan
Correctional Centers, Metropolitan
Detention Centers, Bureau of Indian
Affairs Detention Centers, Immigration
and Customs Enforcement (ICE) Service
Processing Centers, and ICE contract
detention facilities—Prisoners are
counted at the facility. Staff members
are counted at the residence where they
live and sleep most of the time. If staff
members do not have a usual home
elsewhere, they are counted at the
facility.
(d) People in correctional residential
facilities on Census Day, such as
halfway houses, restitution centers, and
prerelease, work release, and study
centers—Residents are counted at the
facility. Staff members are counted at
the residence where they live and sleep
most of the time. If staff members do not
have a usual home elsewhere, they are
counted at the facility.
16. People in Group Homes and
Residential Treatment Centers for
Adults
(a) People in group homes intended
for adults (non-correctional) on Census
Day—Residents are counted at the
facility. Staff members are counted at
the residence where they live and sleep
most of the time. If staff members do not
have a usual home elsewhere, they are
counted at the facility.
(b) People in residential treatment
centers for adults (non-correctional) on
Census Day—Counted at the residence
where they live and sleep most of the
time. If residents or staff members do
not have a usual home elsewhere, they
are counted at the facility.
17. People in Juvenile Facilities
(a) People in correctional facilities
intended for juveniles on Census Day—
Juvenile residents are counted at the
facility. Staff members are counted at
the residence where they live and sleep
most of the time. If staff members do not
have a usual home elsewhere, they are
counted at the facility.
(b) People in group homes for
juveniles (non-correctional) on Census
Day—Juvenile residents are counted at
the facility. Staff members are counted
at the residence where they live and
sleep most of the time. If staff members
do not have a usual home elsewhere,
they are counted at the facility.
(c) People in residential treatment
centers for juveniles (non-correctional)
on Census Day—Counted at the
residence where they live and sleep
most of the time. If juvenile residents or
E:\FR\FM\08FER1.SGM
08FER1
5536
Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations
staff members do not have a usual home
elsewhere, they are counted at the
facility.
18. People in Transitory Locations
People at transitory locations such as
recreational vehicle (RV) parks,
campgrounds, hotels and motels,
hostels, marinas, racetracks, circuses, or
carnivals—Anyone, including staff
members, staying at the transitory
location is counted at the residence
where they live and sleep most of the
time. If they do not have a usual home
elsewhere, or they cannot determine a
place where they live most of the time,
they are counted at the transitory
location.
19. People in Workers’ Residential
Facilities
People in workers’ group living
quarters and Job Corps Centers on
Census Day—Counted at the residence
where they live and sleep most of the
time. If residents or staff members do
not have a usual home elsewhere, they
are counted at the facility.
nshattuck on DSK9F9SC42PROD with RULES
20. People in Religious-Related
Residential Facilities
People in religious group quarters,
such as convents and monasteries, on
Census Day—Counted at the facility.
14:13 Feb 07, 2018
Jkt 244001
Dated: February 1, 2018.
Ron S. Jarmin,
Associate Director for Economic Programs,
Performing the Non-Exclusive Functions and
Duties of the Director, Bureau of the Census.
[FR Doc. 2018–02370 Filed 2–7–18; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF DEFENSE
21. People in Shelters and People
Experiencing Homelessness
(a) People in domestic violence
shelters on Census Day—People staying
at the shelter (who are not staff) are
counted at the shelter. Staff members
are counted at the residence where they
live and sleep most of the time. If staff
members do not have a usual home
elsewhere, they are counted at the
shelter.
(b) People who, on Census Day, are in
temporary group living quarters
established for victims of natural
disasters—Anyone, including staff
members, staying at the facility is
counted at the residence where they live
and sleep most of the time. If they do
not have a usual home elsewhere, they
are counted at the facility.
(c) People who, on Census Day, are in
emergency and transitional shelters with
sleeping facilities for people
experiencing homelessness—People
staying at the shelter (who are not staff)
are counted at the shelter. Staff
members are counted at the residence
where they live and sleep most of the
time. If staff members do not have a
usual home elsewhere, they are counted
at the shelter.
(d) People who, on Census Day, are at
soup kitchens and regularly scheduled
mobile food vans that provide food to
VerDate Sep<11>2014
people experiencing homelessness—
Counted at the residence where they
live and sleep most of the time. If they
do not have a usual home elsewhere,
they are counted at the soup kitchen or
mobile food van location where they are
on Census Day.
(e) People who, on Census Day, are at
targeted non-sheltered outdoor locations
where people experiencing
homelessness stay without paying—
Counted at the outdoor location where
they are on Census Day.
(f) People who, on Census Day, are
temporarily displaced or experiencing
homelessness and are staying in a
residence for a short or indefinite period
of time—Counted at the residence
where they live and sleep most of the
time. If they cannot determine a place
where they live most of the time, they
are counted where they are staying on
Census Day.
Department of the Navy
32 CFR Part 706
Certifications and Exemptions Under
the International Regulations for
Preventing Collisions at Sea, 1972
Department of the Navy, DoD.
Final rule.
AGENCY:
ACTION:
The Department of the Navy
(DoN) is amending its certifications and
exemptions under the International
Regulations for Preventing Collisions at
Sea, 1972 (72 COLREGS), to reflect that
the Deputy Assistant Judge Advocate
General (DAJAG) (Admiralty and
Maritime Law) has determined that USS
THOMAS HUDNER (DDG 116) is a
vessel of the Navy which, due to its
special construction and purpose,
cannot fully comply with certain
provisions of the 72 COLREGS without
interfering with its special function as a
naval ship . The intended effect of this
rule is to warn mariners in waters where
72 COLREGS apply.
DATES: This rule is effective February 8,
2018 and is applicable beginning
January 25, 2018.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander Kyle Fralick,
(Admiralty and Maritime Law), Office of
SUMMARY:
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
the Judge Advocate General, Department
of the Navy, 1322 Patterson Ave. SE,
Suite 3000, Washington Navy Yard, DC
20374–5066, telephone 202–685–5040.
SUPPLEMENTARY INFORMATION: Pursuant
to the authority granted in 33 U.S.C.
1605, the DoN amends 32 CFR part 706.
This amendment provides notice that
the DAJAG (Admiralty and Maritime
Law), under authority delegated by the
secretary of the Navy, has certified that
USS THOMAS HUDNER (DDG 116) is a
vessel of the Navy which, due to its
special construction and purpose,
cannot fully comply with the following
specific provisions of 72 COLREGS
without interfering with its special
function as a naval ship: Annex I,
paragraph 2(f)(i), pertaining to the
placement of the masthead light or
lights above and clear of all other lights
and obstructions; Annex I, paragraph
2(f) (ii), pertaining to the vertical
placement of task lights; Rule 23(a), the
requirement to display a forward and aft
masthead light underway, and Annex I,
paragraph 3(a), pertaining to the
location of the forward masthead light
in the forward quarter of the ship, and
the horizontal distance between the
forward and after masthead lights; and
Annex I, paragraph 3(c), pertaining to
placement of task lights not less than
two meters from the fore and aft
centerline of the ship in the athwartship
direction. The DAJAG (Admiralty and
Maritime Law) has also certified that the
lights involved are located in closest
possible compliance with the applicable
72 COLREGS requirements.
Moreover, it has been determined, in
accordance with 32 CFR parts 296 and
701, that publication of this amendment
for public comment prior to adoption is
impracticable, unnecessary, and
contrary to public interest since it is
based on technical findings that the
placement of lights on this vessel in a
manner differently from that prescribed
herein will adversely affect the vessel’s
ability to perform its military functions.
List of Subjects in 32 CFR Part 706
Marine safety, Navigation (water),
Vessels.
For the reasons set forth in the
preamble, the DoN amends part 706 of
title 32 of the Code of Federal
Regulations as follows:
PART 706—CERTIFICATIONS AND
EXEMPTIONS UNDER THE
INTERNATIONAL REGULATIONS FOR
PREVENTING COLLISIONS AT SEA,
1972
1. The authority citation for part 706
continues to read:
■
Authority: 33 U.S.C. 1605.
E:\FR\FM\08FER1.SGM
08FER1
File Type | application/pdf |
File Modified | 2019-02-15 |
File Created | 2019-02-15 |