Title 36

SECTION 1120.5

1120.5 Information published in the Federal Register.

§ 1120.5 Information published in the Federal Register.

(a) General. In accordance with the provisions of 5 U.S.C. 552(a)(1), basic information concerning the organization, operations, functions, substantive and procedural rules and regulations, officials, office locations, and allocation of responsibilities for functions and programs of the A&TBCB is published in the Federal Register for the guidance of the public. This information includes -

(1) Description of the A&TBCB's organization 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;

(2) Statements of the general course and method by which the A&TBCB's functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;

(3) 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;

(4) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the A&TBCB, and

(5) Each amendment, revision, or repeal of the foregoing. Indexes to the Federal Register are published in each daily issue and compiled currently on a monthly, quarterly, and annual basis. Copies of the Federal Register and its indexes are available in many libraries and may be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402. No formal request to examine documents in the Federal Register is necessary to inspect them at the place where they are kept. Materials incorporated by reference in the Federal Register are available for inspection in A&TBCB offices.

(b) Code of Federal Regulations. Title 36 of the Code of Federal Regulations, which is republished and updated annually, contains a compilation of documents published by the A&TBCB in the Federal Register which set forth substantive and procedural rules and regulations of the A&TBCB and statements of general policy or interpretations of general applicability formulated and adopted by the Board. Copies of the Code of Federal Regulations are available in many libraries and may be purchased from the Superintendent of Documents. Reference copies maintained in offices of the A&TBCB are available for examination without formal request.

(c) Effect of nonpublication. Except to the extent that a person has actual and timely notice of its terms, no person may in any manner be required to resort to, or be adversely affected by, any procedure or matter required to be published in the Federal Register, but not so published. For the purposes of this paragraph, material that is reasonably available to the class of persons affected by it is considered to be published in the Federal Register if it has been incorporated by reference in the Federal Register with the approval of the Director of the Federal Register.

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