Government Shutdown FAQs

You should consult with your Office of General Counsel if you are not sure if the function is currently funded or unfunded.  Then select the appropriate portion of the exception letter template that addresses your situation for each document you send and include adequate justification.  We recommend working with your Office of General Counsel when drafting the justification.

If the document is related to an unfunded function and you wish to transmit a document to the OFR during an appropriations lapse, you must attach an exception letter (you may include additional special handling instructions in that letter, if necessary) to the document explaining how the document meets the emergency exception or another exception to the Antideficiency Act.   For the emergency exception, you must explain how delaying publication of the document would compromise, in significant degree, the safety of human life or the protection of property.

Please use the exception letter template we've created for you.  It is available for download it from the right sidebar (at the top of this page).

If the document is related to a funded function and you wish to submit the  document to the OFR during an appropriations lapse, you must attached an exception letter explaining the funded function, including the associated legal authority citation, and how delaying publication of the document would prevent or significantly damage the execution of the function.

Please use the exception letter template we've created for you.  It is available for download it from the right sidebar (at the top of this page).

Documents that have an assigned publication date will go on public inspection and publish as scheduled.  They will not be impacted by a shutdown.  You do not need to send an exception letter. 

Documents that are on public inspection will publish as scheduled.  They will not be impacted by a shutdown.  You do not need to send an exception letter.

If you already have a webportal account, you may continue to use the webportal to submit documents, as long as the documents are accompanied by an exception letter (sent as you would a regular special handling letter).  If we receive a document through the webportal without an exception letter, we will kill the document.  Our system will send a notification to the email address your agency has on file.  If your agency uses a group email box, make sure it is monitored.

During an appropriations lapse, do NOT use U.S. Mail to send us documents.  We cannot guarantee that we will receive it until after the Federal Government resumes operations.

We will be receiving FedEx and UPS deliveries as usual.  For hand-delivered documents, make sure to visit our OFR Hours and Locations page, which will contain any special instructions (if any) for accessing the GPO building.  

Yes, you need an exception letter for each of your documents and each letter must contain sufficient legal justification to explain how the document meets an exception under the Antideficiency Act.

If you do not include a letter, we will refuse to accept your document and treat it as legally insufficient for publication at the time of receipt.  (You will be able to re-send the document for publication after the government resumes full operations but, if the document is digitally-signed, the document must be re-signed before you can re-transmit through the webportal.) 

We will not accept a document for publication if it does not meet an exception to the Antideficiency Act.  The only way we will know if it meets an exception is if you explain how in an accompanying letter.  

• If you try to submit in paper, we will set your package aside and when we have funding, we will notify your liaison that we did not accept the document for publication.  Your agency can resubmit the document at an appropriate time.
• If you try to submit through the webportal, we will kill the document and the system will send an automatically-generated email to the liaison address associated with your agency.  Your agency can resubmit the document at an appropriate time.

We have provided a template for agencies to use (available for download from the right sidebar at the top of this page). 

Sign the letter as you would a special handling letter.  See OFR letter and signature requirements for more information.

As with non-excepted documents, all IBR requests will remain pending and will not be processed during a shutdown.  If you believe that IBR review is required, you may use the exception letter template  but change the request from publication to IBR review.  However, you will also have to show that the document is ready for publication and will be transmitted (with its own publication exception letter) as soon as the IBR is approved.

See What do I need to include in my exception letter? for more information about the requirements for the exception letter (available for download from the right sidebar at the top of this page).

The secure ftp server will remain accessible during a shutdown, so you may upload a request at any time.  However, we will not begin review of a new request until after the government resumes normal operations unless you attach an exception letter (use the exception letter template and modify it to request IBR review instead of publication) to the email notifying us of your new request.

See What do I need to include in my exception letter? for more information about the requirements for the exception letter (available for download from the right sidebar at the top of this page).

We have no connection with comments, comment periods, Regulations.gov, or FDM. We simply allow users of FederalRegister.gov to send comments to Regulations.gov without leaving the site and accept data provided from Regulations.gov to display on the site.

GSA is the agency that oversees Regulations.gov and FDMS. The FDMS helpdesk should be able to answer questions about availability during a shutdown.

Contact your agency’s General Counsel’s Office for assistance.

We cannot do anything without explicit instructions from the issuing agency, including pausing, extending, or re-opening comment periods. If your agency chooses to pause, extend, or re-open a comment period for any reason (including to account for a shutdown), and you want that reflected on FederalRegister.gov, you must publish a document in the Federal Register announcing that fact.  It is up to your agency to decide if publication is necessary or if it's acceptable to accept late comments.  (In order to accept late comments, verify that the FDMS (or other system) docket settings allow for that action.) 

federalregister.gov receives an automated feed from the Government Publishing Office (GPO).  As long as nothing breaks with the feed or on the site, you can continue to see the daily Federal Register and public inspection list.  However, we can only ensure that the site is secure and functional.  So, if there are problems with specific documents (formatting, metadata, hyperlinks, etc.), they may be unresolved until our funding is restored.  You can always find the official Federal Register in pdf at www.govinfo.gov.  If the public inspection list on www.federalregister.gov fails, we will post an alternative from our Public Inspection Documents page when possible.  Remember: The official public inspection list is maintained in our office.

ecfr.gov will not be updated if OFR is unfunded, as it does not meet an exception under the Antideficiency Act.  We will resume updating the site when our funding is restored.

We will continue to support OFR's webportal for digital document transmission.  If there is a problem with the webportal, we will work to address it .  You will be able to reset passwords using the links provided on the webportal website.  However, you will only be able to request an account if you are a designated Federal Register liaison officer or if one of your agency's Federal Register liaison officers is working and available to approve your request.  Further, there may be a delay in processing any requests to create accounts.  

If we require a letter to update or change the status of a publication request (like emergency filing or immediate publication) or to correct or withdraw a document, you must email us a signed letter on agency letterhead. If you cannot email the letter, please contact our office to discuss possible alternatives.  We cannot accept these letters through the webportal.  To email the letter:

• Use the appropriate letter template.
• Make sure the name in the signature block and the signature name match:
  • Paper letters –
    • Print and sign your letter. Then,
    • Scan the letter and save it as a .pdf file; or
  • Electronic letters – using your PIV card (or other official Federal digital signature) digitally sign a:
    • .pdf file with a visible signature; or
    • .docx file with an invisible signature.
• Email the file to the OFR's general scheduling email, even if you have already been in touch with a member of the Scheduling unit.

OFR’s standard signature policies apply to letters withdrawing or correcting documents. An employee with authority to submit Federal Register documents must sign this letter and that signature must match the name on the letter; usually this is your agency’s Liaison Officer.  If your agency’s Liaison Officer or alternate is not available to sign the letter, contact OFR’s Scheduling Unit to verify the authority of the signer.