[Federal Register Volume 83, Number 236 (Monday, December 10, 2018)]
[Notices]
[Page 63540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26784]
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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.
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.
Oliver A. Potts,
Director of the Federal Register.
[FR Doc. 2018-26784 Filed 12-7-18; 8:45 am]
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