[Federal Register: December 5, 2002 (Volume 67, Number 234)]
[Notices]
[Page 72413-72417]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de02-28]
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DEFENSE NUCLEAR FACILITIES SAFETY BOARD
[Pub. L. 106-554]
Guidelines for Ensuring and Maximizing the Quality, Objectivity,
Utility, and Integrity of Disseminated Information
AGENCY: Defense Nuclear Facilities Safety Board.
ACTION: Notice.
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SUMMARY: The Defense Nuclear Facilities Safety Board (DNFSB or Board)
implements these Guidelines pursuant to Section 515 of the Treasury and
General Government Appropriations Act for Fiscal Year 2001, Public Law
106-554, and government-wide Guidelines issued by the Office of
Management and Budget (OMB), OMB Guidelines for Ensuring and Maximizing
the Quality, Objectivity, Utility, and Integrity of Information
Disseminated by Federal Agencies, 67 FR 8452 (Feb. 22, 2002) (OMB
Guidelines). The purpose is to ensure and maximize the quality,
objectivity, utility, and integrity of information, including
statistical information, disseminated by Federal agencies that are
subject to the Paperwork Reduction Act, 44 U.S.C. 3502(1).
As is the intent of OMB's Guidelines, DNFSB's Guidelines will focus
primarily on the dissemination of substantive information rather than
information pertaining to basic agency operations. The Guidelines also
apply to information other parties provide to the Board, if the other
parties seek to have the Board rely upon or disseminate this
information or if the Board decides to rely upon or disseminate the
information.
These Guidelines are suggestions, recommendations, and policy views
of the DNFSB. They are not intended to be, and should not be construed
as, legally binding regulations or mandates. They do not create any
right or benefit, substantive or procedural, enforceable at law or
equity, by any party against the United States, its agencies (including
the Board or DNFSB), officers, or employees, or any person.
Changes to the final Guidelines in this notice have been made in
response to OMB's comments on the Board's draft Guidelines issued
September 17, 2002. No public comments were received by the Board.
DATES: The Guidelines are effective October 1, 2002.
ADDRESSES: The Board will publish its information quality standards on
its Web site: http://www.dnfsb.gov.
FOR FURTHER INFORMATION CONTACT: Joseph Neubeiser, Chief Information
Officer, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue,
NW., Suite 700, Washington, DC 20004-2901, (202) 694-7000.
SUPPLEMENTARY INFORMATION:
Table of Contents:
I. Definitions
II. Information Quality Principles
III. The Board's Role in Public Information Dissemination
IV. The Board's Commitment to Quality Information Dissemination
V. Pre-Dissemination Information Quality Review
VI. Development of Quality Information and Data
VII. Transparency of Underlying Data and Methods
VIII. Integrity of Board Information and Data
IX. Documentation
X. Administrative Mechanism for Seeking Correction of Information
XI. Compliance, Reporting, and Effective Date
Appendix A. Section 515 Administrative Correction Mechanism
I. Definitions
The definitions set forth below are consistent with the definitions
provided in the OMB Guidelines. Unless otherwise stated, information
dissemination outside the scope of these definitions is not subject to
these Guidelines.
A. ``Information'' means any communication or representation of
knowledge such as facts or data, not opinion, in any medium or form.
Information includes textual, numerical, graphic, cartographic,
narrative, or audiovisual forms. This definition also includes
information that the Board disseminates from its Web page, but does not
include the provision of hyperlinks to information that others
disseminate. This definition does not include Board opinions or
conclusions. This definition also does not include information that the
Board has indicated is someone's individual opinion.
B. ``Dissemination'' means agency initiated or sponsored
distribution of information intended for the public; excluding:
1. Information not intended for public dissemination;
2. Distribution intended only for government employees or
contractors;
3. Procedural, operational, policy, and internal documents prepared
for the management and operations of the Board that are not primarily
intended for public dissemination;
4. Information designated as ``Classified,'' ``Unclassified
Controlled Nuclear Information,'' or ``Official Use Only'';
5. Outdated or superseded information;
6. Government information intended for intra- or inter-agency use
or sharing;
7. Information items intended for inter-agency transmittals or
congressional compliance and provided to members of the public as a
courtesy (e.g., weekly site representative reports, technical reports,
letters);
8. Responses to requests for agency records under the Freedom of
Information Act, the Privacy Act, the Federal Advisory Committee Act or
other similar law;
9. Other correspondence with individuals or persons not intended
for public dissemination, including, but not limited to, written
agreements with particular entities or parties, responses to specific
requests for advisory opinions or other advice;
10. Press releases, fact sheets, press conferences or similar
communications in any medium that announce, support the announcement,
or give public notice of information the Board has disseminated
elsewhere;
11. Archival records (e.g., library materials);
12. Public filings, including, but not limited to, submissions in
rulemakings or other Board proceedings or matters, requests, petitions,
applications, supporting materials, etc. The Guidelines do not apply
when the Board distributes this information simply to provide the
public with quicker and easier access to materials submitted to the
Board that are publicly available. This will generally be the case if
the Board has not authored the filings, is not distributing the
information in a manner that suggests that the Board endorses or adopts
the information, and does not indicate in its distribution that it is
using or proposing the use of the information to formulate or support a
regulation, guidance, or other Board decision or position;
13. Opinions presented to Congress in response to Congressional
requests or statutes and not intended for dissemination to the public;
14. Subpoenas or discovery orders issued in proceedings or court
litigation, Orders, opinions, amicus, and other briefs. Adjudicative
processes also include factual allegations by the staff during the
investigative and litigative
[[Page 72414]]
phases of cases brought by or participated in by the Board. Because
there are well-established procedural safeguards and rights to address
the quality of factual allegations and adjudicatory decisions, and to
provide persons with an opportunity to contest decisions, these
Guidelines do not impose any additional requirements on the Board
during adjudicative proceedings and do not provide parties to such
proceedings any additional rights of challenge or appeal;
15. Legally required disclosures, notices, or other information
disseminated by persons or entities other than the Board, where the
text of such disclosures, notices, or information is not explicitly
prescribed or specified by the Board itself; and
16. Studies, statements, other issuances, or publications by Board
employees, officials, contractors, consultants, or others who may be or
have been paid, employed, or retained by the Board, where the issuance
or publication is not represented as being an official position of the
Board or used by the Board in support of its official position.
Conversely, if the Board has directed a third party to disseminate
information or retains the authority to review and approve the
information upon release, then the Board has sponsored the
dissemination of the information and the information may be considered
a Board dissemination.
C. ``Information dissemination product'' means any book, paper,
map, machine-readable material, audiovisual production, or other
documentary material, regardless of physical form or characteristic,
the agency disseminates to the public. This definition includes any
electronic document, storage media, or Web page.
D. ``Quality'' is an encompassing term comprising utility,
objectivity, and integrity.
E. ``Utility'' refers to the usefulness of the information to its
intended users, including the public. When transparency of information
is relevant for assessing the information's usefulness from the
public's perspective, transparency is addressed to the extent
practicable and appropriate in the Board's review of the information.
There may be legal limitations, however, on the Board's ability to make
publicly available the data or methods underlying a particular
information dissemination product, and persons seeking access to such
data or methods must comply with certain Board requirements and
procedures for requesting such access.
F. ``Objectivity'' involves two distinct elements, presentation,
and substance:
1. ``Objectivity'' includes whether disseminated information is
being presented in an accurate, clear, complete, and unbiased manner,
including whether the information is presented within a proper context
and identifying the source of the disseminated information to the
extent possible in light of confidentiality protections, if any. In a
scientific, financial, or statistical context, the Board may make
supporting data and models publicly available so the public can assess
whether there may be reasons to question the objectivity of the
sources. Where appropriate, data should have full, accurate,
transparent documentation, and error sources affecting data quality
should be identified and disclosed to users, subject to any applicable
restrictions on disclosure.
2. ``Objectivity'' also involves a focus on ensuring accurate,
reliable, and unbiased information. In a scientific, financial, or
statistical context, original and supporting data are normally
generated, and the analytic results are normally developed, using sound
statistical and research methods.
3. To ensure ``objectivity'' in instances where the Board is
responsible for disseminating ``influential scientific, financial, or
statistical information,'' the Board shall ensure transparency of data
and methods to facilitate the reproducibility of such information by
qualified third parties, consistent with any applicable limitations on
disclosure.
4. When relying upon third party information, the Board will notify
the public if the disseminated information has not been reviewed by the
Board, but that the third party attests that the quality of the
information is consistent with the Data Quality Act and the OMB
Guidelines;
G. ``Integrity'' refers to the security of information, i.e.,
protection of the information from unauthorized access or revision, to
ensure that the information is not compromised through corruption or
falsification.
H. ``Influential,'' when used in the phrase ``influential
scientific, financial, or statistical information,'' means that the
Board can reasonably determine that dissemination of information,
prepared for public distribution, will have or does have a clear and
substantial impact on important public policies or important private
sector decisions. Whether a particular Board information dissemination
product is ``influential'' will depend on the nature of the issues for
which the Board is responsible and the relationship of the information
dissemination product to those issues.
In non-rulemaking contexts, the Board will consider two factors-
breadth and intensity-in determining whether information is
influential. The Board will consider whether the information affects a
broad range of parties. Information that affects a broad, rather than
narrow, range of parties is more likely to be influential. The Board
will also consider the intensity of the information's impact.
Information that has a modest impact on affected parties is less likely
to be influential than information that can have a significant impact.
The definition applies to ``information'' itself, not to decisions
that the information may support. Even if a decision or action by the
Board is itself very important, a particular piece of information
supporting it may or may not be ``influential.''
I. ``Reproducibility'' means that the information is capable of
being substantially reproduced, subject to an acceptable degree of
imprecision. As provided in the OMB Guidelines, this standard does not
apply to all agency information or data, but only to ``influential
scientific or statistical information,'' if any, disseminated by DNFSB.
1. Original or supporting data: The Board may identify and/or limit
the specific types of such data that can practicably be ``reproduced,''
given ethical, feasibility, or confidentiality constraints and, in
doing so, may consult, as needed, with relevant scientific and
technical communities. The Board shall assure reproducibility for those
kinds of original and supporting data according to commonly accepted
scientific, financial, or statistical standards.
2. Analytic results relating to original or supporting data: All
analytic results shall undergo robustness checks through the Board's
rigorous internal quality review process.
3. Analysis of risks to human health, safety, and the environment
disseminated by the Board, if any: The Board will apply, as appropriate
and feasible, the standards set forth in the Safe Drinking Water Act,
42 U.S.C. Section 300g-1(b)(3)(A), and when promulgating regulations
the Board will apply, as appropriate and feasible, the standards set
forth in the Safe Drinking Water Act, 42 U.S.C. Section 300g-
1(b)(3)(B).
J. ``Affected persons'' are people who may use, benefit from, or be
harmed by the disseminated information.
[[Page 72415]]
II. Information Quality Principles
The following quality principles apply as a matter of policy to
information disseminated by the Board:
A. Information that the Board prepares for public dissemination,
including factual or statistical data, shall meet basic standards of
quality, including objectivity, utility, and integrity.
B. The Board treats information quality as an integral part of
achieving its performance goals and shall take appropriate steps to
incorporate information quality criteria into information dissemination
practices.
C. The specific quality standards that the Board adopts in a
particular case shall be appropriate for the type of information being
disseminated.
These Guidelines explain how the Board achieves information
quality, objectivity, utility, and integrity. The Guidelines also
describe the administrative mechanism by which affected persons may
seek correction of Board disseminated information that they believe
does not comply with Section 515, OMB Guidelines, or Board Guidelines.
III. Board's Role in Public Information Dissemination
Section 315 of the National Defense Authorization Act for Fiscal
Year 2001, 42 U.S.C. Section 2286d requires the Board to:
(a) Public availability and comment.
Subject to subsections (g) and (h) and after receipt by the
Secretary of Energy of any recommendations from the Board under
section 2286a of this title (section 312 of the Atomic Energy Act),
the Board promptly shall make such recommendations available to the
public in the Department of Energy's regional public reading rooms
and shall publish in the Federal Register such recommendations and a
request for the submission to the Board of public comments on such
recommendations. Interested persons shall have 30 days after the
date of the publication of such notice in which to submit comments,
data, views, or arguments to the Board concerning the
recommendations.
(b) Response by Secretary.
(1) The Secretary of Energy shall transmit to the Board, in
writing, a statement on whether the Secretary accepts or rejects, in
whole or in part, the recommendations submitted to him by the Board
under section 2286a of this title (section 312 of the Atomic Energy
Act), a description of the actions to be taken in response to the
recommendations, and his views on such recommendations. The
Secretary of Energy shall transmit his response to the Board within
45 days after the date of the publication, under subsection (a) of
this section, of the notice with respect to such recommendations or
within such additional period, not to exceed 45 days, as the Board
may grant.
(2) At the same time as the Secretary of Energy transmits his
response to the Board under paragraph (1), the Secretary, subject to
subsection (h) of this section, shall publish such response,
together with a request for public comment on his response, in the
Federal Register.
(3) Interested persons shall have 30 days after the date of the
publication of the Secretary of Energy's response in which to submit
comments, data, views, or arguments to the Board concerning the
Secretary's response.
(4) The Board may hold hearings for the purpose of obtaining
public comments on its recommendations and the Secretary of Energy's
response.
(c) Provision of information to Secretary.
The Board shall furnish the Secretary of Energy with copies of
all comments, data, views, and arguments submitted to it under
subsection (a) or (b) of this section.
IV. The Board's Commitment to Quality Information Dissemination
In carrying out its functions, the Board strives to ensure that the
information it prepares for public dissemination reflects a level of
quality appropriate to the anticipated use of the information. The
Board disseminates information consistent with applicable disclosure
restrictions (e.g., classified information).
V. Pre-Dissemination Information Quality Review
The Board will review the quality (including objectivity, utility,
and integrity) of information before it is disseminated and treat
information quality as integral to every step of the Board's
development of information, including creation, collection,
maintenance, and dissemination.
When appropriate, the Board will demonstrate in its Paperwork
Reduction Act clearance packages that each information collection will
result in information that will be collected, maintained, and used in a
way consistent with the OMB and Board information quality standards.
Internal agency review: The Board performs robust internal reviews
to ensure information quality--including objectivity, utility, and
integrity--before such information is disseminated.
1. Information disseminated to the public by the Board is normally
subject to one or more levels of internal staff, supervisory, or Board
review for quality before such information may be disseminated.
2. The number of levels of internal quality review applied in a
particular case depends on the nature, scope, and purpose of the
information to be disseminated.
Public comment: In rulemakings and certain other agency matters
(e.g., Recommendations), information or data may also be subject to
public comment. This public comment process provides an opportunity for
interested parties, including persons who may be most affected by the
dissemination, to corroborate or dispute the objectivity, utility, or
integrity of the information or data. In these cases, the Board may
provide public access to the underlying data or methods used by the
Board (e.g., statistical models, assumptions), to the extent the Board
deems relevant to information quality and consistent with controlling
law.
VI. Development of Quality Information and Data
Information quality is integral to the development of information
that will ultimately be disseminated, including its creation,
collection, and maintenance. This process shall enable the Board to
substantiate the quality of the information it has disseminated through
documentation or other means appropriate to the information. The
strategies that the Board employs to develop quality information and
data include, for example:
A. Using a variety of methods and sources to solicit relevant and
reliable information, such as:
1. Voluntary and compulsory methods;
2. Invitations for public comment;
3. Public hearings; and
4. Meetings with public groups, labor representatives and
organizations, and industry and professional groups.
B. Soliciting public comment specifically on paperwork burden
estimates of information collection activities sponsored by the Board
and subject to the Paperwork Reduction Act, if applicable.
C. Conducting independent legal, economic, or statistical research
as the Board deems appropriate, using an array of government and
private commercial and non-profit databases, agency surveys and
questionnaires, etc.
VII. Transparency of Underlying Data and Methods
Consistent with applicable laws, regulations, orders, and policies,
the Board shall make underlying data and methods (e.g., sources and
assumptions) used for ``influential scientific or statistical
information'' available to the public as is appropriate. OMB
Guidelines, para. V.3.b.ii.
Where public access to ``influential scientific or statistical''
data and methods will not occur due to other compelling interests, the
Board shall
[[Page 72416]]
apply rigorous checks to analytic results and document what checks were
undertaken. The types of these checks, and the level of detail for
documentation thereof, shall depend on the nature of the issues for
which the Board is responsible. OMB Guidelines, para. V.3.b.ii.B.ii.
To the extent that underlying data or methods are not part of the
Board's public record or otherwise published or publicly available,
persons seeking access to such data or methods are required to follow
applicable Board requirements and procedures for seeking such access.
In all cases, the interest in the transparency of the Board's data and
methods shall not override other compelling interests such as national
security, privacy, trade secrets, intellectual property, and other
confidentiality protections. OMB Guidelines, para. V.b.3.ii.B.i.
VIII. Integrity of Board Information and Data
To preserve the integrity of information and data that the Board
may ultimately disseminate, the Board takes appropriate measures to
ensure that the security of information and data is not compromised
while it is being collected, maintained, or used by the agency. OMB
Guidelines, para. V.4. These measures are intended to be consistent
with legal requirements such as the Computer Security Act, 40 U.S.C.
759; the Government Information Security Reform Act, 44 U.S.C. 3531, et
seq.; the Privacy Act, 5 U.S.C. Section 552a; and any other applicable
laws, regulations, orders, agreements, or guidance.
These measures extend to Board contractors, consultants, experts or
others to the extent such information or data are shared with them on a
non-public basis.
IX. Documentation
When necessary or appropriate, the Board substantiates the quality
of the information it has disseminated through documentation or other
means appropriate to the information. OMB Guidelines, para. III.2.
With respect to pre-dissemination review, this documentation may
include intra-or inter-agency memoranda or communications, or other
records or materials, including, where applicable, underlying data or
methods, demonstrating that the information has been reviewed
internally by appropriate agency staff or officials before it is
disseminated to the public.
As provided in the OMB Guidelines, the Board will submit a report
to OMB describing the number, nature, and resolution of information
correction requests by each January 1, beginning in 2004.
X. Administrative Mechanism for Seeking Correction of Information
The Board shall provide and maintain a mechanism in compliance with
the OMB Guidelines by which affected persons may seek timely correction
of information maintained and disseminated by the Board. See Appendix A
for details.
XI. Compliance, Reporting, and Effective Date
The Board's Chief Information Officer, or other designated Board
official, shall be responsible for agency compliance with these
Guidelines.
The Board shall respond to complaints in a manner appropriate to
the nature and extent of the complaint. Examples of appropriate
responses include personal contacts via letter or telephone, form
letters, press releases, or mass mailings that correct a widely
disseminated error or address a frequently raised complaint.
The Board shall submit (and, when required, post on its Web site,
publish in the Federal Register, or otherwise make available) all
reports, or notice thereof, required by Section 515 and the OMB
Guidelines. Such reports shall include an annual fiscal year report
submitted to the Director of OMB on the number and nature of
complaints, if any, received by the Board regarding agency compliance
with the OMB Guidelines and how the agency resolved such complaints.
This annual report is to be submitted no later than January 1 following
the end of the relevant fiscal year, with the first report due January
1, 2004.
Effective Date: Pursuant to Section 515 and paragraph III.4. of the
OMB Guidelines, these Board Guidelines shall become effective October
1, 2002. Previously released information that does not meet the
information dissemination requirements of these Guidelines are
considered archived information and are not subject to these Guidelines
(e.g., DNFSB files, publications available on the Web site). If a
particular distribution of information is not covered by these
Guidelines, the Guidelines may still apply to a subsequent distribution
of the information in which the Board adopts, endorses, or uses the
information to formulate or support a regulation, guidance, or other
Board decision or position.
A. To the extent these Guidelines prescribe procedures for the pre-
dissemination quality review of Board information, such procedures
shall apply only to information that the Board first disseminates on or
after that date.
B. The Guidelines do not apply to outdated or superseded Board
information that is provided as background information but no longer
reflects Board policy or influences Board decisions.
C. To the extent these Guidelines prescribe a Board administrative
mechanism for affected persons to seek correction of information
disseminated by the Board, that mechanism shall apply only to
information that the Board disseminates on or after that date,
regardless of when the Board first disseminated the information.
Appendix A
Administrative Correction Mechanism
The Defense Nuclear Facilities Safety Board (DNFSB, Board)
strives to ensure that the information it disseminates to the public
is of the highest quality, objectivity, utility, and integrity. To
this end, the Office of Management and Budget (OMB) and the DNFSB
have issued Guidelines for ensuring and maximizing the quality of
information disseminated by the DNFSB, and in accordance with
Section 515 of the Treasury and General Government Appropriations
Act for Fiscal Year 2001, Public Law 106-554 (Section 515). You may
view these Guidelines through the following Web link: http://www.dnfsb.gov.
Persons affected by non-exempted Board information
disseminated on or after October 1, 2002, may request that the Board
correct allegedly incorrect information.
How To Seek Correction of Board Information Dissemination Products:
If you are seeking to obtain correction of information
disseminated (as defined by the Board's Information Quality
Guidelines) by the Board on or after October 1, 2002, because you
believe the information does not comply with the Information Quality
Guidelines issued by OMB or DNFSB, please submit your request, with
the subject ``Section 515 Request,'' by e-mail to: MAILBOX@DNFSB.gov
If you send the Board an e-mail, you should know that e-mail is
not necessarily secure against interception before it reaches the
Board's e-mail system. Therefore, you may prefer instead to deliver
or mail your Section 515 request to the following address: Chief
Information Officer, C/O Defense Nuclear Facilities Safety Board,
625 Indiana Avenue, NW., Suite 700, Washington, DC 20004.
Whichever method you use, your request must specifically:
[sbull] Identify the information you believe does not comply
with the OMB or Board Information Quality Guidelines;
[sbull] Explain why you believe the information should be
corrected. If possible, provide specific recommendations for how the
information should be corrected; and
[sbull] Describe how you are affected by the alleged information
error.
[[Page 72417]]
Requests for correction that are specific and provide evidence
to support the need for correction will enable a timely response.
Requesters should be aware that they bear the ``burden of
proof'' with respect to the necessity for correction as well as with
respect to the type of correction sought.
To learn how we may disclose any information that you provide,
please read our Privacy Policy at http://www.dnfsb.gov/privacy.htm.
To submit a correction request through this process, you must be an
``affected person'' (i.e., someone who may use, benefit from, or be
harmed by the disseminated information) and your request must relate
to ``information'' that is ``disseminated'' by the Board within the
meaning of the Board Guidelines.
You may not use these procedures to request correction of
matters which are not ``dissemination'' of information as outlined
in Section I.B. of the Board's Guidelines.
How We Will Handle Your Section 515 Request?
Processing Your Initial Request
Once the appropriate Board staff member has received your
request, the Board will provide an initial response to your request
within 60 calendar days. If the Board is unable to provide an
initial response within the 60 day period, the Board will notify you
of the estimated date for an initial response. The Board will also
provide you with an explanation of why its determination is delayed.
Delay in the Board's response may be required if you modify your
original request, if we need to clarify your request, or if we need
to consult with other offices or agencies that may have an interest
in the matter. The Board shall be solely responsible for determining
how to respond to your request.
Initial Board Response
The Board's initial response will either grant or deny your
request, in whole or part, and make appropriate corrections, if any.
If your request relates to information in which there is an
opportunity for public comment (e.g., Recommendations), you may be
required to seek correction of the information through public
comment, and your request will be referred to the responsible Board
staff for consideration and incorporation into the record of the
relevant proceeding. When appropriate, in lieu of an individualized
response to your request, the Board may issue or provide you a form
letter, press release, or mass mailing that corrects a widely
disseminated error or that addresses a frequently raised complaint.
Responses may also be posted on the Board's Web site.
In all cases, the correction process shall serve to address the
genuine and valid needs of the Board and its constituents without
disrupting Board processes. The Board may reject claims that are
made in bad faith, without justification, unlikely to have
substantial future impact (e.g., harmless error), frivolous, or
speculative. The Board shall undertake only the degree of correction
that the Board concludes is appropriate for the nature of the
information involved. In making this determination, the Board will
consider such factors as the significance of the error on the use of
the information and the magnitude of the error. The Board will also
consider the error's relationship to Board priorities. The Board is
not required to change, or in any way alter, the content or status
of information simply based on the receipt of a request for
correction. The Board need not respond substantively to frivolous or
repetitive requests for correction. Furthermore, the Board may not
respond to requests that concern information not covered by the
Guidelines or from a person whom the information does not affect.
Seeking Reconsideration of the Initial Response
If you disagree with the Board's initial response, you will have
30 calendar days to appeal (i.e., file for reconsideration within
the agency). The Board will provide a response to your request for
reconsideration within 60 calendar days, unless it notifies you of a
later date and explains the reason(s) for the delay. The official
conducting the second level of review shall not be the same official
that responded to the initial request for correction or that
prepared the subject information.
If the Board agrees with the appeal, it will also take steps to
notify the public of its decision.
Certain disseminations of information include a comprehensive
public comment process (e.g., Recommendations, notices of proposed
rulemaking, regulatory analyses, and requests for comment on an
information collection subject to the Paperwork Reduction Act). The
administrative correction mechanism described in these Guidelines
does not apply to dissemination of such a document. Persons
questioning information disseminated in such a document must submit
comments as directed in that document. However, if the public
comment process for the document will take a long time, the Board
may consider complaints regarding the quality of disseminated
information (as defined by the Board's Guidelines) for review under
this administrative correction mechanism.
When engaged in rulemaking, the Board will utilize the notice
and comment process required by the Administrative Procedure Act.
This process will satisfy the Section 515 administrative correction
mechanism requirement. Affected persons must address any correction
requests through the rulemaking comment process. Correction requests
made through the Section 515 mechanism will not be considered.
Information or studies relied upon and cited in rulemaking will be
addressed through the rulemaking notice and comment process.
If there is an existing process for reconsideration of a
particular sort of information dissemination by the DNFSB, DNFSB
will make use of that process.
The Guidelines are not intended to and do not provide any right
to judicial review.
Availability of Section 515 Reports
No later than each January 1, beginning in 2004, the agency is
required to submit an annual fiscal year report to the OMB Director
on the number and nature of Section 515 correction requests received
by the Board and how the agency resolved those requests. Copies of
these reports will be made publicly available through the Board's
Web page.
Dated: December 2, 2002.
John T. Conway,
Chairman.
[FR Doc. 02-30837 Filed 12-4-02; 8:45 am]
BILLING CODE 3670-01-P