[Federal Register Volume 91, Number 21 (Monday, February 2, 2026)]
[Notices]
[Pages 4635-4636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-02066]


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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: During an appropriations lapse, the Office of the Federal 
Register (OFR) publishes documents that meet an exception under the 
Antideficiency Act (ADA). It is the responsibility of the agency 
submitting a document for publication during an appropriations lapse to 
provide an exception letter with the document that includes a 
justification and a certification that the document is authorized under 
an exception to the Antideficiency Act.

FOR FURTHER INFORMATION CONTACT: Liza Davis, Esq., Director of Legal 
Affairs and Policy, Office of the Federal Register, National Archives 
and Records Administration, (202) 741-6030 or [email protected].

SUPPLEMENTARY INFORMATION: In accordance with the provisions of the

[[Page 4636]]

Antideficiency Act (ADA), Public Law 97-258, as amended (31 U.S.C. 
1341, 1342), and Office of Legal Counsel (OLC) Opinions Government 
Operations in the Event of a Lapse in Appropriations (19 Op. O.L.C. 
301, August 16, 1995), and Effect of Appropriations for Other Agencies 
and Branches on the Authority to Continue Department of Justice 
Functions During the Lapse in the Department's Appropriations (19 Op. 
O.L.C. 337, December 13, 1995), the OFR announces special procedures 
for agencies transmitting documents for publication in the Federal 
Register during a lapse in appropriations.
    During an appropriations lapse, the OFR remains open to accept and 
process documents authorized to be published in the Federal Register in 
the absence of continuing appropriations. An agency wishing to transmit 
a document to the OFR during an appropriations lapse must attach an 
exception letter to the document which provides a justification and 
certifies that publication in the Federal Register is necessary. The 
OFR will only publish documents submitted during an appropriations 
lapse that meet an exception to the ADA, with sufficient justification 
that the document meets the ADA exception as provided by the publishing 
agency. This may include documents that directly relate to the 
performance of governmental functions necessary to address imminent 
threats to the safety of human life or protection of property (the ADA 
emergency exception) or that meet another exception to the ADA, as well 
as documents related to funded programs if delaying publication until 
the end of the appropriations lapse would prevent or significantly 
damage the execution of funded functions at the agency. It is the 
responsibility of the agency submitting a document for publication to 
include an exception letter that provides justification and certifies 
that the document is authorized under the ADA; the OFR does not provide 
this justification for the submitting agency. This certification 
provides OFR with documentation that publication in the Federal 
Register is a function or service excepted under the ADA.
    Executive branch agencies and offices should use the template for 
the exception letter available on the OFR website at www.archives.gov/federal-register/agencies/shutdown-faqs. Legislative and judicial 
branch offices may use the template letter as a guide.
    Special handling requests should be included in the exception 
letter. Do not submit two separate letters.
    Documents received and scheduled for publication before the 
appropriations lapse began are not required to meet an ADA exception.
    For final rule documents that contain incorporation by reference 
(IBR), agencies must submit a separate request for IBR approval as per 
normal procedure, and must include sufficient justification that the 
rule document meets an exception to the ADA when submitting the IBR 
request. The OFR will not review an IBR request that does not include a 
sufficient justification. Requests without a sufficient justification 
will be held until the appropriations lapse is ended.
    The OFR may suspend the regular publication schedule during an 
appropriations lapse to permit a limited number of excepted personnel 
to process excepted documents. Agency officials will be informed as to 
the schedule for filing and publishing individual documents.
    The OFR has posted frequently asked questions and the excepted 
letter template on the following website: www.archives.gov/federal-register/agencies/shutdown-faqs.
    Authority: 44 U.S.C. 1502; 1 CFR 2.4 and 5.1.

Liza Davis,
Director of Legal Affairs and Policy, Office of the Federal Register.
[FR Doc. 2026-02066 Filed 1-30-26; 8:45 am]
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