Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Notices 68157 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[Notice: 23–101] 

NASA Federal Advisory Committees; 

Charter Renewal 

AGENCY: National Aeronautics and 

Space Administration (NASA). 

ACTION: Notice of charter renewal for 

NASA Federal advisory committee. 

SUMMARY: Pursuant to the Federal 

Advisory Committee Act (FACA), and 

after consultation with the Committee 

Management Secretariat, General 

Services Administration, the NASA 

Administrator has determined that 

renewal of the charter of International 

Space Station Advisory Committee is in 

the public interest in connection with 

the performance of duties imposed on 

NASA by law. The renewed charter is 

for a two-year period ending September 

27, 2025. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Patricia Diane Rausch, NASA Advisory 

Committee Management Officer, NASA 

Headquarters, Washington, DC 20546; 

202–358–4510 or diane.rausch@

nasa.gov. 

Patricia Rausch, 

Advisory Committee Management Officer, 

National Aeronautics and Space 

Administration. 

[FR Doc. 2023–21876 Filed 10–2–23; 8:45 am] 

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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. 

SUMMARY: During an appropriations 

lapse, the Office of the Federal Register 

(OFR) is 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 and 

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. The 

OFR is prohibited from publishing other 

agency documents. Since it would be 

impracticable for the OFR to make caseby-case determinations as to whether 

certain documents are directly related to 

activities that qualify for an exemption 

under the Antideficiency Act, the OFR 

places responsibility on agencies 

submitting documents to certify that 

their documents are authorized under 

the Act. 

FOR FURTHER INFORMATION CONTACT: 

Miriam Vincent, Acting Director, Legal 

Affairs and Policy Division, Office of the 

Federal Register, National Archives and 

Records Administration, (202) 741–6030 

or Fedreg.legal@nara.gov. 

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 OFR announces 

special procedures for agencies 

transmitting documents for publication 

in the Federal Register. 

During an appropriations lapse, the 

OFR is 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 and 

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. The 

OFR is prohibited from publishing other 

agency documents. Since it would be 

impracticable for the OFR to make caseby-case determinations as to whether 

certain documents are directly related to 

activities that qualify for an exemption 

under the Antideficiency Act, the OFR 

places responsibility on agencies 

transmitting documents for publication 

to certify that their documents are 

authorized under the Act. 

During an appropriations lapse 

affecting one or more Federal agencies, 

the OFR remains 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 

transmit a document to the OFR during 

an appropriations lapse must attach an 

exception letter to the document which 

certifies that publication in the Federal 

Register is necessary for one of the 

following reasons: 

Unfunded Agencies or Programs 

• To safeguard human life, protect 

property, or 

• To provide other emergency 

services consistent with the 

performance of functions and services 

exempted under the Antideficiency Act. 

Funded Agencies or Programs 

• Because delaying publication until 

the end of the appropriations lapse 

would prevent or significantly damage 

the execution of funded functions at the 

agency. 

Under the August 16, 1995 opinion of 

the Office of Legal Counsel of the 

Department of Justice (OLC), 

Government Operations in the Event of 

a Lapse in Appropriations, 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. 

In another opinion issued on 

December 13, 1995, 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, the OLC found that the 

necessary-implication exception 

allowed unfunded agencies to provide 

support to funded agencies or programs 

under certain conditions. Based on OLC 

interpretation of the December 13, 1995 

opinion, as this applies to the OFR, if an 

agency with current appropriations 

submits a document for publication and 

certifies that delaying publication until 

the end of the appropriations lapse 

would prevent or significantly damage 

the execution of funded functions at the 

agency, then publication in the Federal 

Register would be a function or service 

excepted under the Antideficiency Act. 

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 excepted 

documents. Agency officials will be 

informed as to the schedule for filing 

and publishing individual documents. 

OFR has posted frequently asked 

questions and excepted letter templates 

on the following website, which will be 

updated as necessary: 

www.archives.gov/federal-register/ 

agencies/shutdown-faqs. 

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. 2023–21143 Filed 9–29–23; 8:45 am] 

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