[Federal Register Volume 67, Number 180 (Tuesday, September 17, 2002)]
[Notices]
[Pages 58591-58595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23609]


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DEFENSE NUCLEAR FACILITIES SAFETY BOARD


Guidelines for Ensuring and Maximizing the Quality, Objectivity, 
Utility, and Integrity of Disseminated Information

AGENCY: Defense Nuclear Facilities Safety Board.

ACTION: Notice; request for comment.

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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, Pub. L. 
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.

DATES: Comments are due by close of business October 17, 2002.

ADDRESSES: Comments should be sent to Joseph Neubeiser, Chief 
Information Officer, Defense Nuclear Facilities Safety Board, 625 
Indiana Avenue, NW., Suite 700, Washington, DC 20004-2901. Send e-mail 
to [email protected]. The Board will publish its information quality 
standards on its Web site: www.dnfsb.gov.

FOR FURTHER INFORMATION CONTACT: Joseph Neubeiser, Chief Information 
Officer, or Richard A. Azzaro, General Counsel, 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

[[Page 58592]]

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 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

[[Page 58593]]

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. 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. 300g-1(b)(3)(B).
    J. ``Affected persons'' are people who may benefit from or be 
harmed by the disseminated information.

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 
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), 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.

[[Page 58594]]

    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 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. 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. The fact that an information product disseminated by DNFSB 
before this date is still maintained by the DNFSB (e.g., DNFSB files, 
publications available on the Web site) does not make the information 
subject to these Guidelines or to the request for correction process. 
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 
Agency 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, Pub. L. 106-554 (section 515). You may 
view these Guidelines through the following Web link: 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 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 the DNFSB, please submit your request, 
with the subject ``Section 515 Request,'' by e-mail to: 
[email protected].

[[Page 58595]]

    If you send us 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 should specifically:
    [sbull] Identify the information you believe does not comply 
with the OMB or Board Data 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.
    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 www.dnfsb.gov/privacy.htm.
    To submit a correction request through this process, you must be 
an ``affected person'' (i.e., someone who may 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 days, excluding weekends and Federal holidays. 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.
    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, although 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, the magnitude of the error, and the cost of 
undertaking a correction. The Board will also consider the error's 
relationship to Board priorities. The Board is not required to 
change, or in an 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 days, excluding weekends and Federal holidays, to appeal (i.e., 
file for reconsideration within the agency). The Board will provide 
a response to your request for reconsideration within 60 days, 
excluding weekends and Federal holidays, 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.
    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.

John T. Conway,
Chairman.

[FR Doc. 02-23609 Filed 9-16-02; 8:45 am]
BILLING CODE 3670-01-P