[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Notices]
[Pages 12135-12136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4875]


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OFFICE OF THE FEDERAL REGISTER


Publication Procedures for Federal Register Documents During a 
Funding Hiatus

AGENCY: Office of the Federal Register.

ACTION: Notice of special procedures.

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SUMMARY: In the event of an appropriations lapse, the Office of the 
Federal Register (OFR) would be required to publish documents directly 
related to the performance of governmental functions necessary to 
address imminent threats to the safety of human life or protection of 
property. Since it would be impracticable for the OFR to make case-by-
case determinations as to whether certain documents are directly 
related to activities that qualify for an exemption under the 
Antideficiency Act, the OFR will place responsibility on agencies 
submitting documents to certify that their documents relate to 
emergency activities authorized under the Act.

FOR FURTHER INFORMATION CONTACT: Amy Bunk, Director of Legal Affairs 
and Policy, or Miriam Vincent, Staff Attorney, Office of the Federal 
Register, National Archives and Records Administration, (202) 741-6030 
or [email protected].

SUPPLEMENTARY INFORMATION: Due to the possibility of a lapse in 
appropriations and in accordance with the provisions of the 
Antideficiency Act, as amended by Public Law 101-508, 104 Stat. 1388 
(31 U.S.C. 1341), the Office of the Federal Register (OFR) announces 
special procedures for agencies submitting documents for publication in 
the Federal Register.
    In the event of an appropriations lapse, the OFR would be required 
to publish documents directly related to the performance of 
governmental functions necessary to address imminent threats to the 
safety of human life or protection of property. Since it would be 
impracticable for the OFR to make case-by-case determinations as to 
whether certain documents are directly related to activities that 
qualify for an exemption under the Antideficiency Act, the OFR will 
place responsibility on agencies submitting documents to certify that 
their documents relate to emergency activities authorized under the 
Act.
    During a funding hiatus affecting one or more Federal agencies, the 
OFR will remain open to accept and process documents authorized to be 
published in the daily Federal Register in the absence of continuing 
appropriations. An agency wishing to submit a document to the OFR 
during a funding hiatus must attach a transmittal 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.

[[Page 12136]]

    Under the August 16, 1995 opinion of the Office of Legal Counsel of 
the Department of Justice, exempt functions and services would include 
activities such as those related to the constitutional duties of the 
President, food and drug inspection, air traffic control, responses to 
natural or manmade disasters, law enforcement and supervision of 
financial markets. Documents related to normal or routine activities of 
Federal agencies, even if funded under prior year appropriations, will 
not be published.
    At the onset of a funding hiatus, 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.

    Authority: The authority for this action is 44 U.S.C. 1502 and 1 
CFR 2.4 and 5.1.

    Dated: March 1, 2011.
Raymond A. Mosley,
Director of the Federal Register.
[FR Doc. 2011-4875 Filed 3-3-11; 8:45 am]
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