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Title 44Chapter ISubchapter APart 5 → Subpart B

Title 44: Emergency Management and Assistance

Subpart B—Publication of or Availability of General Agency Information, Rules, Orders, Policies, and Similar Material

§5.20   Publication of rules and general policies.
§5.21   Effect of failure to publish.
§5.22   Coordination of publication.
§5.23   Incorporation by reference.
§5.24   Availability of opinions, orders, policies, interpretations, manuals, and instructions.
§5.25   Available materials.
§5.26   Rules for public inspection and copying.
§5.27   Deletion of identifying details.
§5.28   Indexes.
§5.29   Effect of failure to make information materials available.

§5.20   Publication of rules and general policies.

In accordance with 5 U.S.C. 552(a)(1), there are separately stated and currently published, or from time to time there will be published, in the Federal Register for the guidance of the public, the following general information concerning FEMA:

(a) Description of the organization of the Headquarters Office and regional and other offices and the established places at which, the employees from whom, and the methods whereby the public may obtain information, make submittals or requests, or obtain decisions.

(b) Statement of the general course and method by which FEMA functions are channeled and determined, including the nature and requirements of all formal and informal procedures available.

(c) Rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations.

(d) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by FEMA.

(e) Each amendment, revision, or repeal of the materials described in this section. Much of this information will also be codified in this subchapter A.

§5.21   Effect of failure to publish.

5 U.S.C. 552(a)(1) provides that, except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or to be adversely affected by, a matter required to be published in the Federal Register and not so published.

§5.22   Coordination of publication.

The Chief Counsel, FEMA, is responsible for coordination of FEMA materials required to be published in the Federal Register.

§5.23   Incorporation by reference.

When deemed appropriate, matter covered by this subpart, which is reasonably available to the class of persons affected thereby may be incorporated by reference in the Federal Register in accordance with standards prescribed from time to time by the Director of the Federal Register (see 1 CFR part 51).

§5.24   Availability of opinions, orders, policies, interpretations, manuals, and instructions.

FEMA will make available for public inspection and copying the material described in 5 U.S.C. 552(a)(2) as enumerated in §5.25 and an index of those materials as described in §5.28, at convenient places and times.

§5.25   Available materials.

FEMA materials which are available under this subpart are as follows:

(a) Final opinions and orders made in the adjudication of cases.

(b) Those statements of policy and interpretations which have been adopted by FEMA and are not published in the Federal Register.

(c) Administrative staff manuals and instructions to staff that affect a member of the public, unless such materials are promptly published and copies offered for sale.

§5.26   Rules for public inspection and copying.

(a) Location. Materials are available for public inspection and copying at the following locations:

(1) Headquarters:

Federal Center Plaza, 500 C Street, SW, Washington, DC 20472

(2) Regional Offices

Region I: 99 High Street, 6th Floor, Boston, Massachusetts 02110.

Region II: 26 Federal Plaza, Suite 1337, New York, New York 10278.

Region III: 615 Chestnut Street, One Independence Mall, 6th Floor, Philadelphia, Pennsylvania 19106.

Region IV: 3003 Chamblee Tucker Road, Atlanta, Georgia 30341.

Region V: 536 South Clark Street, 6th Floor, Chicago, Illinois 60605.

Region VI: Federal Regional Center, 800 North Loop 288, Denton, Texas 76209.

Region VII: 9221 Ward Parkway, Suite 300, Kansas City, Missouri 64114.

Region VIII: Denver Federal Center, Building 710, Box 25267, Denver, Colorado 80255.

Region IX: 1111 Broadway, Suite 1200, Oakland, California 94607.

Region X: Federal Regional Center, 130 228th Street SW, Bothell, Washington 98021.

(b) Time. Materials will be made available for public inspection and copying during the normal hours of business.

(c) FEMA will furnish reasonable copying services at fees specified in subpart C. Such reproduction services as are required will be arranged by the Office of Administrative Support in the headquarters or by regional offices as appropriate.

(d) Handling of materials. The unlawful removal or mutilation of materials is forbidden by law and is punishable by fine or imprisonment or both. FEMA personnel making materials available will ensure that all materials provided for inspection and copying are returned in the same condition as provided.

[44 FR 50287, Aug. 27, 1979, as amended at 47 FR 13149, Mar. 29, 1982; 48 FR 44542, Sept. 29, 1983; 50 FR 40006, Oct. 1, 1985; 74 FR 15333, Apr. 3, 2009]

§5.27   Deletion of identifying details.

To the extent required to prevent a clearly unwarranted invasion of personal privacy, FEMA may delete identifying details when making available or publishing an opinion, statement of policy, interpretation, or staff manual or instruction. However, the justification for each deletion will be explained fully in writing, and will require the concurrence of the Chief Counsel. A copy of the justification will be attached to the material containing the deletion and a copy will also be furnished to the Headquarters FOIA Officer or appropriate Regional Administrator.

§5.28   Indexes.

FEMA will maintain and make available for public inspection and copying current indexes arranged by subject matter providing identifying information for the public regarding any matter issued, adopted, or promulgated after July 4, 1967, and described in §5.25. FEMA will publish quarterly and make available copies of each index or supplements thereto. The indexes will be maintained for public inspection at the location described in §5.26.

§5.29   Effect of failure to make information materials available.

Materials requested to be made available pursuant to §5.24 that affect a member of the public may be relied upon, used, or cited as precedent by FEMA against any private party only if (a) they have been indexed and either made available or published as required by 5 U.S.C. 552(a)(2), or (b) the private party has actual and timely notice of their terms.

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