103.3—Publication of information in the Federal Register.
(a) Requirements.
Subject to the application of the exemptions described in § 103.12 and subject to the limitations provided in paragraph (b) of this section, the United States Customs Service is required, by 5 U.S.C. 552(a)(1), to separately state, publish and keep current in the Federal Register for the guidance of the public the following information:
(1)
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.
(2)
A statement of the general course and method by which its function are channeled and determined, including the nature and requirements of all formal and informal procedures available.
(3)
Rules of procedure, descriptions of forms available and 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 it.
(5)
Each amendment, revision, or repeal of matters referred to in paragraphs (a) (1) through (4) of this section.
(b) Limitations—
(1)
Incorporation by reference in the Federal Register. Matter reasonably available to an affected class of persons, whether published by a private organization or an agency of the United States, is published in the Federal Register for purposes of paragraph (a) of this section when it is incorporated by reference in the Federal Register with the approval of the Director of the Federal Register. Any matter which is incorporated by reference must be set forth in the privately- or publicly-printed document substantially in its entirety and not merely summarized or printed as a synopsis. There can be no incorporation by reference in the Federal Register of any matter where only a few persons having a special working knowledge of the activities of the United States Customs Service are familiar with its location and scope. The provisions of 5 U.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 the extent that a person has actual and timely notice of the terms of any matter referred to in paragraph (a) of this section which is required to be published in the Federal Register, that person is not required in any manner to resort to, or be adversely affected by, that matter if it is not published or incorporated by reference. That is, any matter which imposes an obligation and which is not published or incorporated by reference can not adversely change or affect a person's rights.