Federal Register Bulletin Newsletter September 2021

What happens to the Federal Register during a government shutdown?

To All Federal agencies:

As explained in the OFR notice published on December 22, 2020 85 FR 83623 agencies without appropriations who wish 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 excepted under the Antideficiency Act. 

If there is a partial appropriations lapse (when OFR is unfunded), 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. 

For more information (and for letter templates), visit our Government Shutdown FAQs page.

The OFR may suspend the regular three-day publication schedule to permit a limited number of exempt personnel to process documents submitted during an appropriations lapse. Agency officials will be informed as to the schedule for filing and publishing individual documents should an appropriations lapse occur.

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

Thank you.

Oliver A. Potts, Director
Office of the Federal Register