[Code of Federal Regulations] [Title 44, Volume 1] [Revised as of October 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 44CFR5.29] [Page 33] TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY PART 5--PRODUCTION OR DISCLOSURE OF INFORMATION--Table of Contents Subpart B--Publication of or Availability of General Agency Information, Rules, Orders, Policies, and Similar Material Sec. 5.29 Effect of failure to make information materials available. Materials requested to be made available pursuant to Sec. 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.