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Federal Register Bulletin Newsletter

Federal Register Bulletin, The Newsletter of the Office of the Federal Register
 
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December 21, 2018 (updated January 30, 2019)
 

What happens to the Federal Register if there is a government shutdown?

To All Federal agencies:

What happens to the Federal Register during a government shutdown? The Office of the Federal Register (OFR) published a Notice to give guidance to agency customers and the public. 83 FR 63540 December 10, 2018.  That Notice, however, applied to only unfunded agencies.

As explained in our Notice, during an appropriations lapse, agencies without appropriations who wish to submit a document to the OFR must attach a special handling letter to the document which states that publication in the Federal Register is necessary to safeguard human life, protect property, or provide other emergency services consistent with the performance of functions and services excepted under the Antideficiency Act.

Funded agencies who wish to submit a document to the OFR during an appropriations lapse must attach a special handling letter to the document certifying that delaying publication until the end of the appropriations lapse would prevent or significantly damage the execution of funded functions at the agency. This provides OFR with documentation that publication in the Federal Register is a function or service excepted under the Antideficiency Act.

UNFUNDED agencies wishing to submit a document to the OFR during an appropriations lapse must attach a special handling letter to the document which states that publication in the Federal Register is necessary to safeguard human life, protect property, or provide other emergency services consistent with the performance of functions and services exempted under the Antideficiency Act. We have created a letter template for agencies to use.

FUNDED agencies wishing to submit a document to the OFR during an appropriations lapse must attach a special handling letter to the document certifying that delaying publication until the end of the appropriations lapse would prevent or significantly damage the execution of funded functions at the agency. We have created a letter template (updated January 16, 2019) for agencies to use.

  • Documents related to normal or routine activities of Federal agencies will not be published.
  • Documents without special handing letters with the appropriate certification will not be published.
  • For more information, visit our FAQ page on the shutdown

At the onset of an appropriations lapse, the OFR may suspend the regular three-day publication schedule to permit a limited number of exempt personnel to process emergency documents. Agency officials will be informed as to the schedule for filing and publishing individual documents.

For questions related to this guidance, contact our Legal Affairs and Policy Staff at fedreg.legal@nara.gov.

Thank you.

Oliver A. Potts, Director
Office of the Federal Register

 

 

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