Publication in the FR & CFR: Who can publish

Are there restrictions on who can publish documents in the Federal Register?

Federal executive branch agencies can publish documents that are not prohibited under the Federal Register Act (44 U.S.C. Chapter 15) and its implementing regulations (1 CFR chapter I), with permission from the OFR.

Federal congressional and judicial branch agencies may publish documents that are not prohibited, but only in limited circumstances and with permission from the OFR.

State and local agencies cannot publish documents on their own behalf.  If they need to publish, they must pair with a Federal agency who can sign and transmit the document under the auspices of that Federal agency.

Individuals and private entities cannot publish documents in the Federal Register.

Why does my agency need the OFR's permission to publish documents in the Federal Register?

Your agency must show that both your agency and its documents meet the basic qualifications for publication, in light of the following factors:

• Only Federal agencies can issue and transmit documents for publication, and, when appropriate, for codification in the CFR (see 44 U.S.C. §§1503,1501 and 1 CFR 5.4, 1.1). 
• While every Federal agency can establish some kind of inherent authority to publish notice-category documents under the Federal Register Act (regardless of any other specific authority or requirement), not every Federal agency needs or intends to publish notice-category documents. 
• Federal agencies do not automatically have rulemaking authority.

Therefore, the OFR cannot assume a request for publication is valid until your agency has established that it meets the criteria for document publication. 

Before your agency may begin transmitting documents for publication to the OFR, you must notify the OFR that your agency has a need to publish in the foreseeable future.  As part of that notification, you must establish your agency is a Federal agency, document its authority to publish, and specify the type of document that authority covers.  If your agency is authorized for rulemaking, you must also provide the subject matter of the regulations.  You may suggest or request a specific CFR title and chapter for such regulations, which the Director of the Federal Register will consider.  However, the Director makes the final decision regarding assignment of CFR chapters (see 1 CFR 8.2, 21.8).

If you do not meet the criteria but believe you must publish in the Federal Register regardless, contact the OFR's Legal Affairs and Policy Division.

How can my agency publish documents in the Federal Register?