Background
USDA has developed administrative mechanisms to allow affected
persons to seek and obtain correction of information disseminated
by USDA on or after October 1, 2002, regardless of when the
information was first disseminated, that they believe does
not comply with OMB or USDA Information Quality Guidelines. Requestors
seeking a correction should follow the procedure described
below.
The USDA Information Quality Guidelines correction mechanisms
are not intended to imply any rights of individuals to request
amendment of their own records beyond those permitted by
the Privacy Act of 1974 or other organization specific laws.
Consult with the Contact Persons Listed in USDA Reports
and Products Before Filing a Formal Request for Correction
Most USDA publications, reports, and data files include
the names, telephone numbers, and/or e-mail addresses of knowledgeable
staff who can assist users in understanding the information
presented there and in determining whether, in fact, there
is an error that warrants action via the formal correction
process. Users of USDA information may want to consult
first with the USDA contact person listed in the product
before filing a formal request for correction. If no
specific contact person is listed, users should contact the
agency.
Where to Submit a Formal Request for Correction
Formal requests for correction of USDA information must
be submitted by letter, fax, or e-mail to the Information
Quality Official(s) of the USDA agency or office that
disseminated the information (henceforth in these procedures,
the term "USDA agency" shall mean "USDA agency or office").
For requests for correction concerning information on which
USDA seeks public comment, submit the correction request
during the comment period.
Information That Should Be Submitted to the Appropriate
USDA Agency with a Request for Correction
Requests for correction of information should include the
following elements:
- Statement that the Request for Correction of Information
is Submitted Under USDA's Information Quality Guidelines
- Requestor Contact Information
The name, mailing address, telephone number, fax number
(if any), e-mail address (if any), and organizational
affiliation (if any) of the person requesting the correction.
- Description of Information to Correct
The name of the USDA publication, report, or data product;
the date of issuance or other identifying information
such as the URL of the web page; and a detailed description
that clearly identifies the specific information contained
in that publication, report, or data product for which
a correction is being sought.
- Explanation of Noncompliance with OMB and/or USDA
Information Quality Guidelines
An explanation that describes how the information fails to meet
either the OMB or USDA Information Quality Guidelines.
- Explanation of the Effect of the Alleged Error
An explanation that describes the requestor's use of the
information in question and how the requestor is affected
by the alleged error.
- Recommendation and Justification for How the Information
Should Be Corrected
The requestor should state specifically how the information should be corrected
and explain why the corrections should be made. A request for correction
that is specific and provides evidence to support the need for correction
is likely to be more persuasive than a request that is general, unfocused,
or that simply indicates disagreement with the information in question.
This guidance for the content of requests for correction
of information is not intended to constitute a set of legally
binding requirements. However, USDA may be unable to
process, in a timely fashion or at all, requests that omit
one or more of the requested elements. Requestors bear the "burden
of proof" with respect to the necessity for correction as
well as with respect to the type of correction they seek. USDA
will base its decision on the merits of the information provided
by the requestor.
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USDA Review Of The Request For Correction
The request for correction will be processed by the USDA
agency that disseminated the information or information product
in question. Based on the explanation and evidence
submitted with the request for correction, the USDA agency
will conduct a review of the information being challenged,
the processes that were used to create and disseminate the
information, and the conformity of the information and those
processes with both OMB's and USDA's Information Quality
Guidelines.
After it has completed its review, the USDA agency will
determine whether a correction is warranted, and, if so,
what corrective action it will take. USDA agencies
are not required to change, or in any way alter, the content
or status of information simply because a request for correction
has been made. If duplicative requests for correction
are received, USDA agencies will consolidate them into one
request for response. USDA agencies will dismiss requests
for correction of information that is not subject to USDA's
Information Quality Guidelines, requests that are frivolous
or made in bad faith, and requests that refer to issues that
have been the subject of prior complaints and have been resolved.
In determining whether to respond to a request for correction,
the USDA agency also will consider whether the information
or the request for correction is stale. If the USDA
agency did not disseminate, or continue to disseminate, this
information recently (i.e., within one year of the request),
or it does not have a continuing significant impact on the
agency's projects or policy decisions or on important private
sector decisions, the USDA agency may regard the information
as stale for purposes of responding to the correction request.
USDA Response To The Request For Correction
After the responsible USDA agency has made its final determination
pertaining to a request for correction of information, that
agency will respond to the requestor in writing by letter,
e-mail, or fax, normally within 60 calendar days of receipt. The
response will explain the findings and the actions the agency
will take (if any) in response to the complaint.
If the request requires more than 60 calendar days to resolve,
the agency will inform the complainant within that time period
that more time is required, and the reasons for the delay,
and an estimated decision date.
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Requests For Correction Concerning Information On Which
USDA Has Sought Public Comment
Information on which USDA has sought public comment includes,
but is not limited to:
- notices of proposed rulemaking (NPRM);
- advance notices of proposed rulemaking;
- studies cited in an NPRM;
- regulatory evaluations or cost-benefit analyses pertaining
to a NPRM;
- environmental assessments,
- environmental impact statements, and other documents
prepared under the National Environmental Policy Act (NEPA);
- land and resource management plans and other documents
prepared under the National Forest Management Act (NFMA);
and
- notices of availability and requests for comment on risk
assessments.
Requests for correction of information shall be made during
the comment period for that action and, the agency's response
will normally be incorporated in the next document it issues
concerning the matter. For example, if a request for correction
of information pertains to a document referenced in a NPRM,
the response would normally be provided in the final rule
document.
In cases where the agency disseminates a study, analysis,
or other information prior to the final agency action or
information product, requests for correction will be considered
prior to the final agency action or information product in
those cases where the agency has determined that an earlier
response would not unduly delay issuance of the agency action
or information product and the complainant has shown a reasonable
likelihood of suffering actual harm from the agency's dissemination
if the agency does not resolve the complaint prior to the
final agency action or information product.
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Opportunity To Request Reconsideration Of USDA's Decision
If the requestor disagrees with the USDA agency's denial
of the request or with the corrective action the agency intends
to take, the requestor may file a Request for Reconsideration
with the USDA agency. The USDA agency that processed
the request for correction will provide instructions in its
final determination communication to the requestor for the
procedure to request reconsideration of USDA's decision.
In cases where the agency disseminates a study, analysis,
or other information prior to the final agency action or
information product, requests for correction will be considered
prior to the final agency action or information product in
those cases where the agency has determined that an earlier
response would not unduly delay issuance of the agency action
or information product and the complainant has shown a reasonable
likelihood of suffering actual harm from the agency's dissemination
if the agency does not resolve the complaint prior to the
final agency action or information product.
Procedure for Requesting Reconsideration of USDA's Decision
Persons who wish to file a Request for Reconsideration should
submit the request by letter, fax, or e-mail to the Reconsideration
Official identified in the final determination of the request
for correction that the requestor receives from USDA. For
requests for reconsideration that involve influential scientific,
financial, or statistical information, or regulatory information,
USDA will designate a panel of officials to perform this
function. Typically, such a panel would include a Reconsideration
Official from the USDA agency that made the initial determination
and two from other USDA agencies.
Persons requesting reconsideration should submit written
material to support their case for reconsideration, as well
as a copy of the information originally submitted to support
the request for correction and a copy of USDA's response. Requests
for Reconsideration must be filed with the appropriate designated
Reconsideration Official (postmarked, shipped by an overnight
delivery service, faxed, or sent by e-mail) within 45 days
after the date that the USDA agency transmitted its decision
on the original request for correction. Requests for
Reconsideration that are filed after the 45-day deadline
may be denied as untimely.
If the Request for Reconsideration involves information
on which USDA has sought public comment and the USDA agency
has an existing process for handling requests for the reconsideration
of the final rule or similar regulatory action, the agency
will use that process. Otherwise, the Request for Reconsideration
will be handled in the same manner as requests to reconsider
information concerning matters on which USDA has not sought
public comment.
USDA Review of the Request for Reconsideration
The Reconsideration Official (or panel) will ensure that
the initial agency review of the Request for Correction was
conducted with due diligence. The Reconsideration
Official (or panel) will review the material submitted in
support of the Request for Reconsideration, the material
submitted with the original request for correction, and the
USDA agency's response to the original correction request
and all additional relevant documentation, and then arrive
at a decision regarding the Request for Reconsideration.
USDA Response to the Request for Reconsideration
After the Reconsideration Official (or panel) has made his
or her (or its) decision pertaining to a Request for Reconsideration,
the Official will respond to the requestor by letter, e-mail,
or fax. The response will explain the Reconsideration
Official's (or panel's) decision and the actions the USDA
agency that disseminated the information will take (if any)
in response to the Request for Reconsideration. USDA
agencies will respond to all requests for appeals within
60 calendar days of receipt. If the request requires
more than 60 calendar days to resolve, the agency will inform
the complainant that more time is required and indicate the
reason why and an estimated decision date.
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Public Disclosure of Requests for Correction of Information
Disseminated by USDA and Requests for Reconsideration of
USDA Decisions
Each USDA agency will establish an information quality page
on its Web site on which it will post requests for corrections
of information, requests for reconsideration, and actions
taken by the agency in response to such requests. The
information quality page will include information on who
requested the correction, the nature of the request, any
specific corrections made, the reason they were made, and
any appropriate supporting documents.
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Privacy Act Statement
USDA is authorized to obtain certain information under Section
515 of the Treasury and General Government Appropriations
Act for Fiscal Year 2001 (Public Law No. 106-554, codified
at 44 U.S.C. 3516, note). Information is needed by
USDA to process the request for correction and allow USDA
to reply accordingly. This information is needed by
USDA to respond to the requestor and initiate follow-up contact
with the requestor if required. Requestors should not
send USDA their Social Security Number. Requestors
are advised that they do not have to furnish the information
but failure to do so may prevent their request from being
processed. The information requestors furnish is almost
never used for any purpose other than to process and respond
to their request. However, USDA may disclose information
to a congressional office in response to an inquiry made
on behalf of the requestor, to the Department of Justice,
a court, other tribunal when the information is relevant
and necessary to litigation, or to a contractor or another
Federal agency to help accomplish a function related to this
process.
http://www.ocio.usda.gov/qi_guide/corrections.html
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