5 U.S.C. 552(a)(1), 601.101, 601.702,List,Casesyou Should Know the Law

8/7/2019 5 U.S.C. 552(a)(1), 601.101, 601.702,List,Casesyou Should Know the Law

1/15

5 U.S.C. 552(a)(1)

Sec. 552. Public information; agency rules,

opinions, orders, records, and proceedings

(a) Each agency shall make available to the public

information as follows:

(1) Each agency shall separately state and currentlypublish in the Federal Register for the guidance of

the public--

(A) descriptions of its central and fieldorganization and the established places at which,

the employees (and in the case of a uniformed

service, the members) from whom, and the

methods whereby, the public may obtain

information, make submittals or requests, or obtain

decisions;

(B) statements of the general course and method by

which its functions are channeled and determined,

including the nature and requirements of all formaland 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, orexaminations;

(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 the agency;

and

(E) each amendment, revision, or repeal of the

foregoing.

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 be

adversely affected by, a matter required to be

published in the Federal Register and not so

published. For the purpose of this paragraph, matter

reasonably available to the class of persons affectedthereby is deemed published in the Federal Register

when incorporated by reference therein with the

approval of the Director of the Federal Register.

Core IRS Documents Page 1 of 15


2/15

26 CFR 601.101

Treas. Reg. Sec. 601.101

CODE OF FEDERAL REGULATIONS

TITLE 26--INTERNAL REVENUE

CHAPTER I--INTERNAL REVENUE SERVICE,

DEPARTMENT OF THE TREASURY

SUBCHAPTER H--INTERNAL REVENUE

PRACTICE

PART 601--STATEMENT OF PROCEDURAL

RULES

SUBPART A--GENERAL PROCEDURAL

RULES

Current through November 3, 2004; 69 FR 64134

Sec. 601.101 Introduction.

(a) General. The Internal Revenue Service is a

bureau of the Department of the Treasury under the

immediate direction of the Commissioner ofInternal Revenue. The Commissioner has general

superintendence of the assessment and collection of

all taxes imposed by any law providing internal

revenue. The Internal Revenue Service is the

agency by which these functions are performed.

Within an internal revenue district the internal

revenue laws are administered by a district director

of internal revenue. The Director, Foreign

Operations District, administers the internal revenue

laws applicable to taxpayers residing or doing

business abroad, foreign taxpayers deriving income

from sources within the United States, and

taxpayers who are required to withhold tax oncertain payments to nonresident aliens and foreign

corporations, provided the books and records of

those taxpayers are located outside the United

States. For purposes of these procedural rules any

reference to a district director or a district office

includes the Director, Foreign Operations District,

or the District Office, Foreign Operations District,

if appropriate. Generally, the procedural rules of the

Service are based on the Internal Revenue Code of

1939 and the Internal Revenue Code of 1954, and the

procedural rules in this part apply to the taxes

imposed by both Codes except to the extent

specifically stated or where the procedure under oneCode is incompatible with the procedure under theother Code. Reference to sections of the Code are

references to the Internal Revenue Code of 1954,

unless otherwise expressly indicated.

(b) Scope. This part sets forth the procedural rules

of the Internal Revenue Service respecting all taxes

administered by the Service, and supersedes the

previously published statement (26 CFR (1949 ed.,

Part 300-End) Parts 600 and 601) with respect to

such procedural rules. Subpart A provides a

descriptive statement of the general course and

method by which the Service's functions are

channeled and determined, insofar as such functionsrelate generally to the assessment, collection, and

enforcement of internal revenue taxes. Certainprovisions special to particular taxes are separately

described in Subpart D of this part. Conference and

practice requirements of the Internal Revenue Service

are contained in Subpart E of this part. Specific

matters not generally involved in the assessment,

collection, and enforcement functions are separatelydescribed in Subpart B of this part. A description of

the rule making functions of the Department of the

Treasury with respect to internal revenue tax

matters is contained in Subpart F of this part.

Subpart G of this part relates to matters of official

record in the Internal Revenue Service and the extent

to which records and documents are subject to

publication or open to public inspection. This partdoes not contain a detailed discussion of the

substantive provisions pertaining to any particular taxor the procedures relating thereto, and for such

information it is necessary that reference be made to

the applicable provisions of law and the regulations

promulgated thereunder. The regulations relating to

the taxes administered by the Service are contained

in Title 26 of the Code of Federal Regulations.

[37 FR 1016, Jan. 21, 1972, as amended at 38 FR4955, Feb. 23, 1973; 41 FR 20880, May 21, 1976;

45 FR 7251, Feb. 1, 1980; 49 FR 36498, Sept. 18,

1984; T.D. 8685, 61 FR 58008, Nov. 12, 1996]



3/15

26 CFR 601.702(a) - ONLYTreas. Reg. Sec. 601.702


TITLE 26--INTERNAL REVENUE

CHAPTER I--INTERNAL REVENUE SERVICE,

DEPARTMENT OF THE TREASURYSUBCHAPTER H--INTERNAL REVENUE

PRACTICE

PART 601--STATEMENT OF PROCEDURAL

RULES

SUBPART G--RECORDS (NOTE)

Current through November 3, 2004; 69 FR 64134

Sec 601.702 Publication, public inspection, and

specific requests for records.

(a)Publication in the Federal Register--(1)

Requirement. (i) Subject to the application of theexemptions and exclusions described in the Freedom

of Information Act, 5 U.S.C. 552(b) and (c), andsubject to the limitations provided in paragraph (a)(2)

of this section, the IRS is required under5 U.S.C.

552(a)(1), to state separately and publish currently in

the Federal Register for the guidance of the public the

following information--

(A) Descriptions of its central and field organization

and the established places at which, the persons from

whom, and the methods whereby, the public may

obtain information, make submittals or requests, or

obtain decisions, from the IRS;

(B) Statement of the general course and method by

which its functions are channeled and determined,including the nature and requirements of all formal

and informal procedures which are 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 ofgeneral policy or interpretations of general

applicability formulated and adopted by the IRS; and

(E) Each amendment, revision, or repeal of matters

referred to in paragraphs (a)(1)(i)(A) through (D) of

this section.

(ii) Pursuant to the foregoing requirements, theCommissioner publishes in the Federal Register from

time to time a statement, which is not codified in this

chapter, on the organization and functions of the IRS,

and such amendments as are needed to keep the

statement on a current basis. In addition, there are

published in the Federal Register the rules set forth

in this part 601 (Statement of Procedural Rules),

such as those in paragraph E of this section, relatingto conference and practice requirements of the IRS;

the regulations in part 301 of this chapter(Procedure and Administration Regulations); and

the various substantive regulations under the

Internal Revenue Code of 1986, such as the

regulations in part 1 of this chapter (Income Tax

Regulations),in part 20 of this chapter (Estate Tax

Regulations), and in part 31 of this chapter

(Employment Tax Regulations).

(2) Limitations--(i) Incorporation by reference in the

Federal Register. Matter which is reasonably

available to the class of persons affected thereby,

whether in a private or public publication, shall be

deemed published in the Federal Register for

purposes of paragraph (a)(1) of this section when it isincorporated by reference therein with the approval

of the Director of the Office of the Federal Register.The matter which is incorporated by reference must

be set forth in the private or public publication

substantially in its entirety and not merely

summarized or printed as a synopsis. Matter, the

location and scope of which are familiar to only a

few persons having a special working knowledge of

the activities of the IRS, may not be incorporated in

the Federal Register by reference. Matter may beincorporated by reference in the Federal Register

only pursuant to the provisions of5 U.S.C. 552(a)(1)

and 1 CFR part 20.

(ii)Effect of failure to publish. Except to the extent

that a person has actual and timely notice of the terms

of any matter referred to in paragraph (a)(1) of this

section which is required to be published in the

Federal Register,such person is not required in any

manner to resort to, orbe adversely affected by, suchmatter if it is not so publishedor is not incorporated

by reference therein pursuant to paragraph (a)(2)(i) of

this section. Thus, for example, any such matter

which imposes an obligation and which is not so

published or incorporated by reference shall not

adversely change or affect a person's rights.



4/15

5 U.S.C. Sec. 701. Application; definitions

(a) This chapter applies, according to the provisions thereof, except to the extent that--

(1) statutes preclude judicial review; or

(2) agency action is committed to agency discretion by law.

(b) For the purpose of this chapter--

(1) "agency" means

each authority of the Government of the United States, whether or not it is within or subject to review byanother agency, but does not include--

(A) the Congress;

(B) the courts of the United States;

(C) the governments of the territories or possessions of the United States;

(D) the government of the District of Columbia;

(E) agencies composed of representatives of the parties or of representatives of organizations of the parties to

the disputes determined by them;

(F) courts martial and military commissions;

(G) military authority exercised in the field in time of war or in occupied territory; or

(H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; chapter 2 of title 41; subchapter IIof chapter 471 of title 49; or sections 1884, 1891-1902, and former section 1641(b)(2), of title 50, appendix;

and

(2) "person", "rule", "order", "license", "sanction", "relief", and "agency action" have

the meanings given them by section 551 of this title.

Effective: [See Text Amendments]

Sec. 702. Right of review



5/15

A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action

within the meaning of a relevant statute, is entitled to judicial review thereof. An action in a court of the

United States seeking relief other than money damages and stating a claim that an agency or an officer or

employee thereof acted or failed to act in an official capacity or under color of legal authority shall not be

dismissed nor relief therein be denied on the ground that it is against the United States or that the United

States is an indispensable party. The United States may be named as a defendant in any such action, and a

judgment or decree may be entered against the United States: Provided, That any mandatory or injunctive

decree shall specify the Federal officer or officers (by name or by title), and their successors in office,

personally responsible for compliance. Nothing herein (1) affects other limitations on judicial review or the

power or duty of the court to dismiss any action or deny relief on any other appropriate legal or equitable

ground; or (2) confers authority to grant relief if any other statute that grants consent to suit expressly or

impliedly forbids the relief which is sought.


Sec. 703. Form and venue of proceeding

The form of proceeding for judicial review is the special statutory review proceeding

relevant to the subject matter in a court specified by statute or, in the absence or inadequacy thereof, any

applicable form of legal action, including actions for declaratory judgments or writs of prohibitory or mandatory

injunction or habeas corpus, in a court of competent jurisdiction. If no special statutory review proceeding is

applicable, the action for judicial review may be brought against the United States, the agency by its official title,

or the appropriate officer. Except to the extent that prior, adequate, and exclusive opportunity for judicial review

is provided by law, agency action is subject to judicial review in civil or criminal proceedings for judicial

enforcement.


Sec. 704. Actions reviewable

Agency action made reviewable by statute and final agency action for which there is no other adequate

remedy in a court are subject to judicial review.

A preliminary, procedural, or intermediate agency action or ruling not directly reviewable is subject to review on

the review of the final agency action. Except as otherwise expressly required by statute, agency action otherwise

final is final for the purposes of this section whether or not there has been presented or determined an

application for a declaratory order, for any form of reconsideration, or, unless the agency otherwise requires by

rule and provides that the action meanwhile is inoperative, for an appeal to superior agency authority.


Sec. 705. Relief pending review

When an agency finds that justice so requires, it may postpone the effective date of action taken by it, pending

judicial review. On such conditions as may be required and to the



6/15

extent necessary to prevent irreparable injury,

the reviewing court, including the court to which a case may be taken on appeal from or on application for certiorari

or other writ to a reviewing court, may issue all necessary and appropriate process to postpone the effective date

of an agency action or to preserve status or rights pending conclusion of the review proceedings.


Sec. 706. Scope of review

To the extent necessary to decision and when presented, the reviewing court shall decide all

relevant questions of law, interpret constitutional and statutory provisions, and determine themeaning or applicability of the terms of an agency action. The reviewing court shall--

(1) compel agency action unlawfully withheld or unreasonably delayed; and

(2) hold unlawful and set aside agency action, findings, and conclusions found to be--

(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

(B) contrary to constitutional right, power, privilege, or immunity;

(C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;

(D) without observance of procedure required by law;

(E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title

or otherwise reviewed on the record of an agency hearing provided by statute; or

(F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court.

In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a

party, and due account shall be taken of the rule of prejudicial error.

Substantive Regulations

Have the Force and Effect of Law

It has been held in the adjudged decision of the Supreme Court of the United States and

citing other adjudged decisions of the Supreme Court of the United States that only a substantive

regulation has the force and effect of lawand it has a specific process accorded to it by the

Administrative Procedures Act (APA) to have force and effect of law which must be



7/15

followed explicitly. This is found in the adjudged decision ofChrysler Corp. v. Brown, 441 U.S.

281, 295, 296, 301-303 (1979), to wit:

It has been established in a variety of contexts that properly promulgated, substantive agency regulations

have the "force and effect of law." [FN18] This doctrine is so well established that agency

regulations implementing federal statutes have been *296 held to pre-empt state law under the

Supremacy Clause. [FN19] It would therefore take a clear showing of contrary legislative intent before

the phrase "authorized by law" in 1905 could be held to have a narrower ambit than the traditional

understanding.

FN18.E. g., Batterton v. Francis, 432 U.S. 416, 425 n. 9, 97 S.Ct. 2399, 2405, 53 L.Ed.2d 448 (1977);Foti v. INS, 375 U.S. 217, 223, 84 S.Ct. 306, 310, 11 L.Ed.2d 281 (1963); United States v. Mersky, 361

U.S. 431, 437-438, 80 S.Ct. 459, 463, 4 L.Ed.2d 423 (1960); Atchison, T. & S. F. R. Co. v. Scarlett, 300

U.S. 471, 474, 57 S.Ct. 541, 543, 81 L.Ed. 1375 (1937).

* * *

In order for a regulation to have the "force and effect of law," it must have certain substantive

characteristics and be the product of certain procedural requisites. The central distinction among agency

regulations found in the APA is that between "substantive rules" on the one hand and "interpretative rules,

general statements of policy, or rules of agency organization, procedure, or practice" on the other. [FN30]

A "substantive *302 rule" is not defined in the APA, and other authoritative sources essentially offerdefinitions by negative inference. [FN31] But in Morton v. Ruiz, 415 U.S. 199, 94 S.Ct. 1055, 39 L.Ed.2d

270 (1974), we **1718 noted a characteristic inherent in the concept of a "substantive rule." We

described a substantive rule--or a "legislative-type rule," id., at 236, 94 S.Ct., at 1074--as one "affecting

individual rights and obligations." Id., at 232, 94 S.Ct., at 1073. This characteristic is an important

touchstone for distinguishing those rules that may be "binding" or have the "force of law." Id., at 235,

236, 94 S.Ct., at 1074.

* * *That an agency regulation is "substantive," however, does not by itself give it the "force and effect of

law." The legislative power of the United States is vested in the Congress, and the exercise of quasi-legislative authority by governmental departments and agencies must be rooted in a grant of such power

by the Congress and subject to limitations which that body imposes. As this Court noted inBattertonv. Francis, 432 U.S. 416, 425 n. 9, 97 S.Ct. 2399, 2405 n. 9, 53 L.Ed.2d 448 (1977)

* * *Likewise the promulgation of these regulations must conform with any procedural requirements imposed

by Congress. Morton v. Ruiz, supra, 415 U.S. at 232, 94 S.Ct. at 1073. For agency discretion is limitednot only by substantive, statutory grants of authority, but also by the procedural requirements which

"assure fairness and mature consideration of rules of general application." NLRB v. Wyman-Gordon Co.,

394 U.S. 759, 764, 89 S.Ct. 1426, 1429, 22 L.Ed.2d 709 (1969).[Emphasis added]

Agencies Must Follow the APA

The Supreme Court of the United States has held that the agency power that affects

substantial individual rights and obligations must remain consistent with the Acts of Congress to

avoid arbitrary, unpublished ad hoc determinations and that the agency must follow their own

procedures. And as a sanction and for the protection to the people, Congress mandated in 5



8/15

U.S.C. 552(a)(1)(E) that if no regulation is published and required as authorized by law

(Congress), no person shall be adversely affected by the lack of any regulation not so published.

This holding is found in the adjudged decision of the Supreme Court of the United in Morton v.

Ruiz, 415 U.S. 199, 232-233, 235 (1974), to wit:

This agency power to make rules that affect substantial individual rights and obligations

carries with it the responsibility not only to remain consistent with the governing legislation,

Federal Maritime Comm'n v. Seatrain Lines, Inc., 411 U.S. 726, 93 S.Ct. 1773, 36 L.Ed.2d 620

(1973); Dixon v. United States, 381 U.S. 68, 74, 85 S.Ct. 1301, 1305, 14 L.Ed.2d 223 (1965);

Brannan v. Stark, 342 U.S. 451, 72 S.Ct. 433, 96 L.Ed. 497 (1952), but also to employ procedures

that conform to the law.

The Administrative Procedure Act was adopted to provide, inter alia, that administrative policies

affecting individual rights and obligations be promulgated pursuant to certain stated

procedures so as to avoid the inherently arbitrary nature of unpublished ad hoc

determinations. See generally S.Rep.No.752, 79th Cong., 1st Sess., 12--13 (1945);H.R.Rep.No.1980, 79th Cong., 2d Sess., 21--23 (1946). That Act states in pertinent part:

'Each Agency shall separately state and currently publish in the Federal Register for the

guidance of the public--

(D) substantive rules of general applicability adopted as authorized by law, and statements

of general policy or interpretations of general applicability *233 formulated and adopted by the

agency.' 5 U.S.C. s 552(a)(1).

The sanction added in 1967 by Pub.L. 90--23, 81 Stat. 54, provides:'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 be adversely affected by, a

matter required to be published in the Federal Register and not so published.' Ibid. [FN27]

[8][9] Where the rights of individuals are affected, it is incumbent upon agencies to followtheir own procedures. This is so even where the internal procedures are possibly more rigorousthan otherwise would be required. Service v. Dulles, 354 U.S. 363, 388, 77 S.Ct. 1152, 1165, 1

L.Ed.2d 1403 (1957); Vitarelli v. Seaton, 359 U.S. 535, 539--540, 79 S.Ct. 968, 972--973, 3

L.Ed.2d 1012 (1959). [Emphasis added]

Supreme Court of the United States in Support ofMorton v. Ruiz.

See also United States v. Caceres, 440 U.S. 741, 752(1979); Batterton v. Francis, 432

U.S. 416, 425(1977);

5th Circuit Cases in Support ofMorton v. Ruiz.

See also Cargill, Inc. v. United States, 173 F.3d 323, 340 (5 th Cir. 1999); Fano v. ONeill, 806

F.2d 1262, 1264 (5th Cir. 1987); In re Grand Jury Proceedings, 632 F.Supp. 374, 375 (E.D.Tex.



9/15

1986); Castillo v. Army & Air Force Exchange Service, 849 F.2d 199, 202 (5th Cir. 1988);

American Petroleum Institute v. E.P.A., 787 F.2d 965, 975 (5th Cir. 1986); Hall v. Schweiker,

660 F.2d 116, 119 (Sup. Ct Tex. 1981); Homan & Crimen, Inc. v. Harris, 626 F.2d 1201, 1211

(5th Cir. 1980); Sheehan v. Army and Air Force Exchange Service , 619 F.2d 1132, 1138 (5th Cir.

1980); Billington v. Underwood, 613 F.2d 91, 93 (Sup. Ct Tex. 1980); Hollingsworth v. Harris,

608 F.2d 1026, 1027 (5th Cir. 1979); Quarles v. St. Clair, 711 F.2d 691, 707 (5th Cir. 1983).

9th Circuit Cases in Support ofMorton v. Ruiz.

See alsoAlcaraz v. I.N.S., 384 F.3d 1150, 1162(9thCir.2004); Yesler Terrace Community

Council v. Cisneros, 37 F.3d 442, 448(9thCir.1994); Sherman v. Yakahi, 549 F.2d 1287,

1292(9thCir.1977).

--------------------------------------------------------------------------------------------------------

Citations in the CFRs of 5 U.S.C. 552(a)(1)

1. 11 C.F.R. Sec. 4.4 CODE OF FEDERAL

REGULATIONS TITLE 11--FEDERAL

ELECTIONS CHAPTER I--FEDERAL

ELECTION COMMISSION PART 4--

PUBLIC RECORDS AND THE

FREEDOM OF INFORMATION ACTSec. 4.4 Availability of records. ... shall

make available, upon proper request, all

non-exempt Agency records, or portions of

records, not previously made public

pursuant to 5 U.S.C. 552(a)(1) and (a)(2).

(c) The Commission shall maintain and

make available current indexes andsupplements providing identifying

information regarding any matter . . .

2. 12 C.F.R. Sec. 1101.4 CODE OF

FEDERAL REGULATIONS TITLE 12--BANKS AND BANKING CHAPTER XI--

FEDERAL FINANCIAL INSTITUTIONS

EXAMINATION COUNCIL PART 1101--

DESCRIPTION OF OFFICE,

PROCEDURES, PUBLIC INFORMATION

Sec. 1101.4 Disclosure of information,

policies, and records.

... (a) Statements of policy published in the

Federal Register or available for public

inspection and copying; indices. Under5U.S.C. 552(a)(1), the Council publishes

general rules, policies and interpretations in

the Federal Register. Under 5 U.S.C. 552(a)

(2), policies and interpretations adopted ...

3. 14 C.F.R. Sec. 97.10 CODE OFFEDERAL REGULATIONS TITLE 14--AERONAUTICS AND SPACE CHAPTER

I--FEDERAL AVIATION

ADMINISTRATION, DEPARTMENT OF

TRANSPORTATION PART 97--

STANDARD INSTRUMENT APPROACH

PROCEDURES Sec. 97.10 General.

... FAA and described on FAA Form 3139are incorporated into this part and made a

part hereof as provided in 5 U.S.C. 552(a)(1) and pursuant to 1 CFR Part 20. The

incorporated standard instrument approachprocedures are available for examination at

the Rules ...

4. 15 C.F.R. Sec. 200.115 CODE OF

FEDERAL REGULATIONS TITLE 15--COMMERCE AND FOREIGN TRADE

CHAPTER II--NATIONAL INSTITUTE

OF STANDARDS AND TECHNOLOGY,



10/15

DEPARTMENT OF COMMERCE PART

200--POLICIES, SERVICES,

PROCEDURES, AND FEES Sec.

200.115 Description of services and list of

fees, incorporation by reference.

... "Calibration and Related MeasurementServices of the National Institute of

Standards & Technology" is hereby

incorporated by reference, pursuant to 5

U.S.C. 552(a)(1) and 1 CFR Part 51. SP

250 states the authority under which NIST

performs various types of measurementservices including ...

5. 15 C.F.R. Sec. 230.7 CODE OF

FEDERAL REGULATIONS TITLE 15--

COMMERCE AND FOREIGN TRADE

CHAPTER II--NATIONAL INSTITUTE

OF STANDARDS AND TECHNOLOGY,

DEPARTMENT OF COMMERCE PART230--STANDARD REFERENCE

MATERIALS Sec. 230.7 Description ofservices and list of fees, incorporation by

reference.

... NIST Special Publication 260, "Catalog

of NIST Standard Reference Materials," and

its supplement are hereby incorporated by

reference pursuant to 5 U.S.C. 552(a)(1) and

1 CFR Part 51. (b) SP 260 describes theSRM's that are available and states the

procedure for ordering ...

6. C.F.R. T. 16, Ch. I, Subch. A, Pt. 0, CODE

OF FEDERAL REGULATIONS TITLE

16--COMMERCIAL PRACTICES

CHAPTER I--FEDERAL TRADECOMMISSION PART 0--

ORGANIZATION

... Authority: 5 U.S.C. 552(a)(1); 15 U.S.C.

46(g). Source: 41 FR 54483, Dec. 14,

1976; 65 FR 78408, Dec. 15, 2000, unless

otherwise noted. ...

7. 19 C.F.R. Sec. 103.3 CODE OF

FEDERAL REGULATIONS TITLE 19--CUSTOMS DUTIES CHAPTER I--

BUREAU OF CUSTOMS AND BORDER

PROTECTION, DEPARTMENT OF

HOMELAND SECURITY;

DEPARTMENT OF THE TREASURY

PART 103--AVAILABILITY OF

INFORMATION Sec. 103.3 Publication

of information in the Federal Register.

... and subject to the limitations provided in

paragraph (b) of this section, the United

States Customs Service is required, by 5U.S.C. 552(a)(1), to separately state, publish

and keep current in the Federal Register forthe guidance of the public the following

information: ...

... knowledge of the activities of the United

States Customs Service are familiar with its

location and scope. The provisions of5U.S.C. 552(a)(1) and 1 CFR part 20 control

any incorporation of matter by reference.

(2) Effect of failure to publish. Except to ...

8. 20 C.F.R. Sec. 402.35 CODE OF


EMPLOYEES' BENEFITS CHAPTER III--

SOCIAL SECURITY

ADMINISTRATION PART 402--

AVAILABILITY OF INFORMATIONAND RECORDS TO THE PUBLIC Sec.

402.35 Publication.

... (a) Methods of publication. Materials we

are required to publish pursuant to the

provisions of5 U.S.C. 552(a)(1) and (a)(2),

we publish in one of the following ways:

(1) By publication in the Federal Register ofSocial Security ...

... may be purchased through theGovernment Printing Office (See Sec.

402.40). (b) Publication of rulings.

Although not required pursuant to 5 U.S.C.

552(a)(1) and (a)(2), we publish the

following rulings in the Federal Register aswell as by other forms of publication: (c) ...

... for inspection at the address specified in

Sec. 402.135 those materials which are

published in the Federal Register pursuant to

5 U.S.C. 552(a)(1). (d) Availability by

Telecommunications. To the extent

practicable, we will make available bymeans of computer telecommunications the

indices and ...

9. C.F.R. T. 22, Ch. V, Pt. 510, Refs & Annos


TITLE 22--FOREIGN RELATIONS

CHAPTER V--BROADCASTING BOARD

OF GOVERNORS PART 510--SERVICE

OF PROCESS



11/15

... Editorial Note: Nomenclature changes to

Part 510 appear at 64 FR 54539, Oct. 7,

1999. Authority: 5 U.S.C. 552(a)(1)(A).

Source: 51 FR 20961, June 10, 1986, unlessotherwise noted. C. F. R. T. 22, Ch. V, Pt.

510, Refs ...

10. 26 C.F.R. Sec. 601.702 CODE OF


INTERNAL REVENUE CHAPTER I--INTERNAL REVENUE SERVICE,

DEPARTMENT OF THE TREASURYPART 601--STATEMENT OF

PROCEDURAL RULES Sec. 601.702

Publication, public inspection, and specific

requests for records.

... 552(b) and (c), and subject to the

limitations provided in paragraph (a)(2) of

this section, the IRS is required under5U.S.C. 552(a)(1), to state separately and

publish currently in the Federal Register forthe guidance of the public the following

information-- Federal ...

... Federal Register by reference. Matter

may be incorporated by reference in the

Federal Register only pursuant to the

provisions of5 U.S.C. 552(a)(1) and 1 CFR

part 20. (ii) Effect of failure to publish.Except to the extent that a person has

actual ...

11. 29 C.F.R. Sec. 101.1 CODE OF


LABOR CHAPTER I--NATIONAL

LABOR RELATIONS BOARD PART101--STATEMENTS OF PROCEDURES

Sec. 101.1 General statement.

... the general course and method by which

the Board's functions are channeled and

determined are issued and published

pursuant to 5 U.S.C. 552(a)(1)(B).

29 C. F. R. Sec.

101.1 ...12. 29 C.F.R. Sec. 2201.4 CODE OF


LABOR CHAPTER XX--OCCUPATIONAL SAFETY AND

HEALTH REVIEW COMMISSION

PART 2201--REGULATIONS

IMPLEMENTING THE FREEDOM OF

INFORMATION ACT Sec. 2201.4

General policy.

... public. Except for records and

information exempted from disclosure by 5U.S.C. 553(b) or published in the Federal

Register under5 U.S.C. 552(a)(1), allrecords of the Commission or in its custody

are available to any person who requests

them in accordance with ...

13. 31 C.F.R. Sec. 1.3 CODE OF FEDERALREGULATIONS TITLE 31--MONEY

AND FINANCE: TREASURY PART 1--

DISCLOSURE OF RECORDS Sec. 1.3

Publication in the Federal Register.

... the application of the exemptions and

exclusions in 5 U.S.C. 552(b) and (c) and

subject to the limitations provided in 5U.S.C. 552(a)(1), each Treasury bureau

shall, in conformance with 5 U.S.C. 552(a)(1), separately state, publish and maintain

current in the Federal Register ...


REGULATIONS TITLE 31--MONEYAND FINANCE: TREASURY PART 1--

DISCLOSURE OF RECORDS Sec. 1.5Specific requests for other records.

... (a) In general. (1) Except for recordsmade available under5 U.S.C. 552(a)(1)

and (a)(2), but subject to the application of

the exemptions and exclusions described in

5 U.S.C. 552(b) and (c), each ...

15. 31 C.F.R. Sec. 323.1 CODE OF


MONEY AND FINANCE: TREASURY

CHAPTER II--FISCAL SERVICE,DEPARTMENT OF THE TREASURY

PART 323--DISCLOSURE OF RECORDSSec. 323.1 Purpose of regulations.

... The regulations of this part are issued to

implement 5 U.S.C. 552(a)(2) and (3). The

requirements of5 U.S.C. 552(a)(1) are met

through the publication in the Federal

Register of the statement of the

organization, functions and procedures

available of ...



12/15

16. 32 C.F.R. Sec. 285.4 CODE OF


NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF

DEFENSE PART 285--DOD FREEDOMOF INFORMATION ACT (FOIA)

PROGRAM Sec. 285.4 Responsibilities.

... or by other issuances of the Director,

Washington Headquarters Services. For the

guidance of the public, the informationspecified in 5 U.S.C. 552(a)(1) shall be

published in accordance with DOD

Directive 5025.1. (2) Conduct training on

the provisions of this part, 5 U.S.C. ...

17. 32 C.F.R. Sec. 519.1 CODE OF


NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY PART

519--PUBLICATION OF RULESAFFECTING THE PUBLIC Sec. 519.1

Purpose.

... as appropriate. This regulation

implements portions of the Administrative

Procedure Act (APA), 5 U.S.C. 551;

Freedom of Information Act (FOIA), 5

U.S.C. 552(a)(1), as implemented by 32CFR Part 336; Regulatory Flexibility Act (5

U.S.C. 601, et seq.), as implemented by 1

CFR ...

18. 32 C.F.R. Sec. 701.13 CODE OF


NATIONAL DEFENSE CHAPTER VI--

DEPARTMENT OF THE NAVY PART701--AVAILABILITY OF DEPARTMENT

OF THE NAVY RECORDS AND

PUBLICATION OF DEPARTMENT OF

THE NAVY DOCUMENTS AFFECTING

THE PUBLIC Sec. 701.13 5 U.S.C.

552(a)(1) materials.

...Current through January 19, 2005; 70 FR3133 Sec. 701.13 5 U.S.C. 552(a)(1)

materials. Section (a)(1) of the FOIArequires publication in the Federal Register

of descriptions of agency organizations,

functions, substantive rules, ...

19. 32 C.F.R. Sec. 701.61 CODE OF


NATIONAL DEFENSE CHAPTER VI--

DEPARTMENT OF THE NAVY PART

701--AVAILABILITY OF DEPARTMENT

OF THE NAVY RECORDS AND

PUBLICATION OF DEPARTMENT OF

THE NAVY DOCUMENTS AFFECTINGTHE PUBLIC Sec. 701.61 Purpose.

... Sec. 701.61 Purpose. This subpart

implements 5 U.S.C. 552(a)(1) and (2) and

provisions of Department of Defense

Directive 5400.7 May 13, 1988 (32 CFR

part 286, 55 FR 53104); ...

19. 32 C.F.R. Sec. 1285.3 CODE OF


NATIONAL DEFENSE CHAPTER XII--

DEFENSE LOGISTICS AGENCY PART

1285--DEFENSE LOGISTICS AGENCY

FREEDOM OF INFORMATION ACT

PROGRAM Sec. 1285.3 Definitions.

... The following terms and meanings shall

be applicable: (a) "(a)(1) material".Material described in 5 U.S.C. 552(a)(1)

consisting of descriptions of central and

field organizations and, to the extent that

they affect the public, rules of procedures, ...

20. 32 C.F.R. Sec. 1285.3 CODE OF

FEDERAL REGULATIONS TITLE 32--NATIONAL DEFENSE CHAPTER XII--

DEFENSE LOGISTICS AGENCY PART

1285--DEFENSE LOGISTICS AGENCYFREEDOM OF INFORMATION ACT

PROGRAM Sec. 1285.3 Definitions.

... The following terms and meanings shall be

applicable: (a) "(a)(1) material". Materialdescribed in 5 U.S.C. 552(a)(1)

consisting of descriptions of central and

field organizations and, to the extent that

they affect the public, rules of procedures, ...

21. 36 C.F.R. Sec. 1120.5 CODE OF


PARKS, FORESTS, AND PUBLICPROPERTY CHAPTER XI--

ARCHITECTURAL ANDTRANSPORTATION BARRIERS

COMPLIANCE BOARD PART 1120--

PUBLIC AVAILABILITY OF

INFORMATION Sec. 1120.5 Information

published in the "Federal Register."

... Sec. 1120.5 Information published in the



13/15

"Federal Register." (a) General. In

accordance with the provisions of5 U.S.C.

552(a)(1), basic information concerning the

organization, operations, functions,

substantive and procedural rules andregulations, officials, office locations, and

allocation of responsibilities ...

22. 38 C.F.R. Sec. 14.507 CODE OF


PENSIONS, BONUSES, AND

VETERANS' RELIEF CHAPTER I--

DEPARTMENT OF VETERANSAFFAIRS PART 14--LEGAL SERVICES,

GENERAL COUNSEL, AND

MISCELLANEOUS CLAIMS Sec.

14.507 Opinions.

... precedent opinions under this section

shall be considered by Department of

Veterans Affairs to be subject to theprovisions of5 U.S.C. 552(a)(1). An

opinion designated as a precedent opinion isbinding on Department officials and

employees in subsequent matters involving a

legal ...

23. 39 C.F.R. Sec. 3002.1 CODE OF


POSTAL SERVICE CHAPTER III--POSTAL RATE COMMISSION Sec.

3002.1 Purpose.

... Sec. 3002.1 Purpose. This part is

published in compliance with 5 U.S.C.

552(a)(1) and constitutes a general

description of the Postal Rate Commission.

[36 FR 21994, Nov. 18, 1971] ...

24. 39 C.F.R. Sec. 3004.1 CODE OF


POSTAL SERVICE CHAPTER III--

POSTAL RATE COMMISSION Sec.

3004.1 Purpose.

... both the FOIA and the Privacy Act of1974. (c) Information required to be

published or made available pursuant to 5U.S.C. 552(a)(1) and (a)(2) may be found in

part 3002, elsewhere in this chapter, in the

Federal Register, or on the Commission's ...

25. C.F.R. T. 41, Subt. C, Ch. 105, Pt. 105-53,

Refs & Annos CODE OF FEDERAL

REGULATIONS TITLE 41--PUBLIC

CONTRACTS AND PROPERTY

MANAGEMENT CHAPTER 105--

GENERAL SERVICES

ADMINISTRATION PART 105-53--

STATEMENT OF ORGANIZATION ANDFUNCTIONS

... Authority: 5 U.S.C. 552(a)(1), Pub.L. 90-

23, 81 Stat. 54 sec. (a)(1); 40 U.S.C.

486(c), Pub.L. 81-152, 63 Stat. 390, sec.

205(c). ...

26. 41 C.F.R. Sec. 105-60.201 CODE OF


PUBLIC CONTRACTS AND PROPERTY

MANAGEMENT CHAPTER 105--

GENERAL SERVICES

ADMINISTRATION PART 105-60--

PUBLIC AVAILABILITY OF AGENCY

RECORDS AND INFORMATIONALMATERIALS Sec. 105-60.201 Published

information and rules.

... Sec. 105-60.201 Published information

and rules. In accordance with 5 U.S.C.

552(a)(1), GSA publishes in the Federal

Register, for the guidance of the public, the

following general information concerning

GSA: ...

27. 42 C.F.R. Sec. 52b.12 CODE OF


PUBLIC HEALTH CHAPTER I--PUBLICHEALTH SERVICE, DEPARTMENT OF

HEALTH AND HUMAN SERVICES

PART 52B--NATIONAL INSTITUTES OFHEALTH CONSTRUCTION GRANTS

Sec. 52b.12 What are the minimumrequirements of construction and

equipment?

... The Director of the Federal Register

approves the incorporations by reference in

paragraph (c) of this section in accordance

with 5 U.S.C. 552(a)(1) and 1 CFR part 51.

Copies may also be obtained from theorganizations at the addresses listed in

paragraph (c) ...

28. 42 C.F.R. Sec. 401.106 CODE OF


PUBLIC HEALTH CHAPTER IV--

CENTERS FORMEDICARE &

MEDICAID SERVICES,

DEPARTMENT OF HEALTH AND



14/15

HUMAN SERVICES PART 401--

GENERAL ADMINISTRATIVE

REQUIREMENTS Sec. 401.106

Publication.

... (a) Methods of publication. Materials

required to be published under theprovisions of The Freedom of Information

Act, 5 U.S.C. 552(a)(1) and (2) are

published in one of the following ways: (1)

By publication in the Federal Register of

CMS regulations, ...

... (b) Availability for inspection. Those materials

which are published in the Federal Register

pursuant to 5 U.S.C. 552(a)(1) shall, to the

extent practicable and to further assist the

public, be made available for inspection at

the places specified ...

29. 43 C.F.R. Sec. 2.4 CODE OF FEDERALREGULATIONS TITLE 43--PUBLIC

LANDS: INTERIOR Sec. 2.4 How do Iobtain information routinely available to the

public?

... may be obtained by visiting its home page

(see Appendix B to this part). (b) Published

information and rules. Under5 U.S.C.

552(a)(1), bureaus are required to publish

certain information in the Federal Registerfor the guidance of the public, such as

descriptions ...


REGULATIONS TITLE 44--

EMERGENCY MANAGEMENT AND

ASSISTANCE CHAPTER I--FEDERALEMERGENCY MANAGEMENT

AGENCY, DEPARTMENT OF

HOMELAND SECURITY Sec. 5.20

Publication of rules and general policies.

... Sec. 5.20 Publication of rules and

general policies. In accordance with 5

U.S.C. 552(a)(1), there are separately statedand currently published, or from time to

time there will be published, in the FederalRegister ...


REGULATIONS TITLE 44--

EMERGENCY MANAGEMENT AND

ASSISTANCE CHAPTER I--FEDERAL

EMERGENCY MANAGEMENT

AGENCY, DEPARTMENT OF

HOMELAND SECURITY Sec. 5.21

Effect of failure to publish.

... Sec. 5.21 Effect of failure to publish. 5 U.S.C.

552(a)(1)provides that, except to the extentthat a person has actual and timely notice of

the terms thereof, a person ...

32. 45 C.F.R. Sec. 1100.4 CODE OF

FEDERAL REGULATIONS TITLE 45--PUBLIC WELFARE CHAPTER XI--

NATIONAL FOUNDATION ON THE

ARTS AND THE HUMANITIES PART

1100--STATEMENT FOR THE

GUIDANCE OF THE PUBLIC--

ORGANIZATION, PROCEDURE AND

AVAILABILITY OF INFORMATION

Sec. 1100.4 Current index.

... as to any matter which is issued, adopted,or promulgated and which is required to be

made available pursuant to 5 U.S.C. 552(a)

(1) and (2). Publication and distribution of

such indices has been determined by the

Foundation to be unnecessary and

impracticable. The ...

33. 46 C.F.R. Sec. 501.41 CODE OF


SHIPPING CHAPTER IV--FEDERALMARITIME COMMISSION PART 501--

THE FEDERAL MARITIME

COMMISSION--GENERAL Sec. 501.41

Public requests for information and

decisions.

... Sec. 501.41 Public requests for

information and decisions. (a) General.

Pursuant to 5 U.S.C. 552(a)(1)(A), there is

hereby stated and published for the guidance

of the public the established places at which,

the officers from ...

34. 49 C.F.R. Sec. 7.3 CODE OF FEDERALREGULATIONS TITLE 49--

TRANSPORTATION Sec. 7.3

Publication in the Federal Register.

... Sec. 7.3 Publication in the Federal

Register. This section implements 5

U.S.C. 552(a)(1), and prescribes rules



15/15

governing publication in the Federal

Register of the following: (a) Descriptions

of DOT's organization, including its DOT ...

35. C.F.R. T. 49, Subt. B, Ch. VII, Pt. 700,CODE OF FEDERAL REGULATIONS

TITLE 49--TRANSPORTATION

CHAPTER VII--NATIONAL RAILROAD

PASSENGER CORPORATION

(AMTRAK)

... Authority: 5 U.S.C. 552(a) (1), (2).

Source: 49 FR 24378, June 13, 1984, unlessotherwise noted. C. F. R. T. 49, Subt. B,

Ch. VII, ...


5 U.S.C. 552(a)(1), 601.101, 601.702,List,Casesyou Should Know the Law

Documents

Transcript of 5 U.S.C. 552(a)(1), 601.101, 601.702,List,Casesyou Should Know the Law