Federal Bureau of Investigation Anti-Piracy Warning Seal Program, 55332-55334 [2011-22877]
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55332
Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Proposed Rules
List of Subjects in 40 CFR Part 180
Environmental protection,
Agricultural commodities, Feed
additives, Food additives, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: August 28, 2011.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
[FR Doc. 2011–22845 Filed 9–6–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF JUSTICE
41 CFR Part 128–1
[Docket No. FBI 151]
RIN 1110–AA32
Federal Bureau of Investigation AntiPiracy Warning Seal Program
Federal Bureau of Investigation
(FBI), Justice.
ACTION: Proposed rule.
AGENCY:
The Federal Bureau of
Investigation (FBI) is proposing a new
regulation providing a general
authorization for use of the FBI AntiPiracy Warning Seal (APW Seal). The
proposed rule will provide access to the
APW Seal to all copyright holders,
subject to specific conditions of use.
DATES: Written comments must be
postmarked and electronic comments
must be submitted on or before
November 7, 2011. Comments received
by mail will be considered timely if they
are postmarked on or before that date.
The electronic Federal Docket
Management System (FDMS) will accept
comments until Midnight Eastern Time
at the end of that day.
ADDRESSES: Comments may be mailed to
the Access Integrity Unit, Attn: Lori L.
Bokey c/o Federal Bureau of
Investigation, CJIS Division, Module C–
3, 1000 Custer Hollow Road, Clarksburg,
West Virginia 26306. To ensure proper
handling, please reference Docket No.
FBI 151 on your correspondence. You
may submit comments electronically or
view an electronic version of this
proposed rule at https://
www.regulations.gov.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
SUMMARY:
John
C. Allender, FBI Office of the General
Counsel, telephone number 202–324–
8088.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Posting of Public Comments. Please
note that all comments received are
considered part of the public record and
made available for public inspection
VerDate Mar<15>2010
17:43 Sep 06, 2011
Jkt 223001
online at https://www.regulations.gov.
Such information includes personal
identifying information (such as your
name and address) voluntarily
submitted by the commenter.
You are not required to submit
personal identifying information in
order to comment on this rule.
Nevertheless, if you want to submit
personal identifying information (such
as your name and address) as part of
your comment but do not want it to be
posted online, you must include the
phrase ‘‘PERSONAL IDENTIFYING
INFORMATION’’ in the first paragraph
of your comment. You also must locate
all the personal identifying information
you do not want posted online in the
first paragraph of your comment and
identify what information you want
redacted.
If you want to submit confidential
business information as part of your
comment but do not want it to be posted
online, you must include the phrase
‘‘CONFIDENTIAL BUSINESS
INFORMATION’’ in the first paragraph
of your comment. You also must
prominently identify confidential
business information to be redacted
within the comment. If a comment has
so much confidential business
information that it cannot be effectively
redacted, all or part of that comment
may not be posted on https://
www.regulations.gov.
Personal identifying information and
confidential business information
identified and located as set forth above
will be placed in the agency’s public
docket file, but not posted online. If you
wish to inspect the agency’s public
docket file in person by appointment,
please see the paragraph above entitled
FOR FURTHER INFORMATION CONTACT.
The reason the Department is
requesting electronic comments before
Midnight Eastern Time at the end of the
day the comment period closes is that
the inter-agency Regulations.gov/
Federal Docket Management System
(FDMS), which receives electronic
comments, terminates the public’s
ability to submit comments at that time.
Commenters in time zones other than
Eastern may want to take this fact into
account so that their electronic
comments can be received. The
constraints imposed by the
Regulations.gov/FDMS system do not
apply to U.S. postal comments which,
as stated above, will be considered as
timely filed if they are postmarked
before midnight on the day the
comment period closes.
Discussion. The FBI’s Anti-Piracy
Warning (APW) Seal is a modified
image of the FBI’s Official Seal with the
words ‘‘FBI Anti-Piracy Warning’’
PO 00000
Frm 00055
Fmt 4702
Sfmt 4702
superimposed on it. On November 17,
2003, the Attorney General approved
the APW Seal, then referred to as the
‘‘FBI Intellectual Property Rights Seal,’’
as an official insignia of the FBI to be
used by the FBI and FBI-authorized
entities as part of a copyright anti-piracy
awareness campaign. This approval
brought the APW Seal within the
protection of Title 18 U.S. Code, Section
701, which provides criminal sanctions
for the unauthorized uses of such
insignia.
The APW Seal was designed to
graphically enhance the impact of
language warning users of copyrighted
media about the potential consequences
of intellectual property crime, and the
FBI’s role in investigating such crime. It
serves as a vivid and widely
recognizable reminder of the FBI’s
authority and mission with respect to
the protection of intellectual property
rights.
Beginning in December 2003, the FBI
implemented a pilot program in which
the FBI entered into separate
Memoranda of Understanding with each
of five entertainment and software
industry associations. Members of these
associations were able to request
approval to use the APW Seal from the
association, and the association
administered the process and recordkeeping. Largely as a result of this
program, the APW Seal and its antipiracy message have reached a large
segment of the public. Unfortunately,
the pilot program also had the effect of
excluding non-members of these five
associations from being able to use the
APW Seal on their works.
In order to enhance the availability,
use, and effectiveness of the APW Seal
on lawful, copyright-protected works,
this rule proposes to replace the pilot
program with a regulation governing the
use of the APW Seal. The image of the
APW Seal will be made available on the
FBI’s website, and it may be
downloaded for use on eligible works as
specified in the text of the proposed
regulation below. There will be no fee
associated with using the APW Seal.
This regulation will be a significant
improvement over the current program,
which has tended to limit the use of the
APW Seal and requires each user to
enter into a written agreement governing
the use.
Regulatory Certifications
Regulatory Flexibility Act
The Attorney General, in accordance
with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed this
proposed rule and, by approving it,
certifies that this rule will not have a
E:\FR\FM\07SEP1.SGM
07SEP1
Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Proposed Rules
significant economic impact on a
substantial number of small entities.
Subject to the terms and conditions set
forth, this rule merely allows copyright
holders to use the APW Seal on
copyrighted works to help detect and
deter criminal violations of United
States intellectual property laws by
educating the public about the existence
of these laws and the authority of the
FBI to enforce them.
Executive Orders 12866 and 13563—
Regulatory Review
to warrant the preparation of a
Federalism Assessment.
Unfunded Mandates Reform Act of 1995
This proposed rule will not result in
the expenditure by State, local, and
tribal governments (in the aggregate) or
by the private sector of $100 million or
more in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
This regulation has been drafted and
reviewed in accordance with Executive
Order 12866, ‘‘Regulatory Planning and
Review’’ section 1(b), Principles of
Regulation and in accordance with
Executive Order 13563 ‘‘Improving
Regulation and Regulatory Review’’
section 1(b) General Principles of
Regulation.
The Department of Justice has
determined that this rule is not a
‘‘significant regulatory action’’ under
Executive Order 12866, section 3(f),
Regulatory Planning and Review, and
accordingly this rule has not been
reviewed by the Office of Management
and Budget.
Further, both Executive Orders 12866
and 13563 direct agencies to assess all
costs and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. The
Department has assessed the costs and
benefits of this regulation and believes
that the regulatory approach selected
maximizes net benefits.
Small Business Regulatory Enforcement
Fairness Act of 1996
Executive Order 12988—Civil Justice
Reform
1. The authority citation for part 128–
1 is revised to read as follows:
This proposed rule meets the
applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive
Order 12988.
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c),
41 CFR 101–1.108, and 28 CFR 0.75(j), unless
otherwise noted.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
This proposed rule will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
it is determined that this rule does not
have sufficient federalism implications
17:43 Sep 06, 2011
Jkt 223001
List of Subjects in 41 CFR Part 128–1
Government property, Seals and
insignia, Copyright, Intellectual
property.
Accordingly, for the reasons set forth
in the preamble, part 128–1 of chapter
128 of Title 41 of the Code of Federal
Regulations is amended as follows:
PART 128–1—[AMENDED]
2. A new § 128–1.5009 is added to
read as follows:
Executive Order 13132—Federalism
VerDate Mar<15>2010
This proposed rule is not a major rule
as defined by section 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. This proposed rule
will not result in an annual effect on the
U.S. economy of $100 million or more;
a major increase in costs or prices; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of U.S.-based companies to
compete with foreign-based companies
in domestic and export markets. Subject
to the terms and conditions set forth,
this rule merely allows copyright
holders to use the APW Seal on
copyrighted works to help detect and
deter criminal violations of United
States intellectual property laws by
educating the public about the existence
of these laws and the authority of the
FBI to enforce them.
§ 128–1.5009 Authorization for Use of the
Federal Bureau of Investigation Anti-Piracy
Warning Seal.
(a) Purpose. The Federal Bureau of
Investigation (FBI) Anti-Piracy Warning
Seal (‘‘APW Seal’’) is an official insignia
of the FBI and the United States
Department of Justice. The purpose of
the APW Seal is to help detect and deter
criminal violations of United States
PO 00000
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Fmt 4702
Sfmt 4702
55333
intellectual property laws by educating
the public about the existence of these
laws and the authority of the FBI to
enforce them.
(b) The ‘‘APW Seal’’ is a modified
image of the Official FBI Seal with the
words ‘‘FBI ANTI-PIRACY WARNING’’
displayed horizontally across its center
in an enclosed border, whether rendered
in color, black and white, outline, or
otherwise.
(c) The APW Seal has been approved
by the Attorney General as an official
insignia of the FBI within the meaning
of Title 18 United States Code, Section
701, which provides criminal sanctions
for unauthorized uses of such insignia.
(d)(1) The regulations in this section
authorize use of the APW Seal by
copyright holders on copyrighted works
including, but not limited to films,
audio recordings, electronic media,
software, books, photographs, etc.,
subject to the terms and conditions set
forth in this paragraph.
(2) Use of the APW Seal or of the
authorized warning language in a
manner not authorized under this
section may be punishable under Title
18 United States Code, Sections 701,
709, or other applicable law.
(e) Conditions regarding use of the
APW Seal.
(1) The APW Seal may only be used
on works subject to protection as
intellectual property under U.S.
Criminal Code provisions such as those
in Title 18 U.S. Code, Sections 2319,
2319A, and 2319B.
(2) The APW Seal may only be used
immediately adjacent to the authorized
warning language. ‘‘Authorized warning
language’’ refers to the language set
forth in paragraph (e)(2)(A) of this
section, or alternative language
specifically authorized in writing for
this purpose by the Director of the FBI
or his or her designee and posted on the
FBI’s official public Internet Web site
(https://www.fbi.gov).
(A) ‘‘The unauthorized reproduction
or distribution of a copyrighted work is
illegal. Criminal copyright infringement,
including infringement without
monetary gain, is investigated by the
FBI and is punishable by fines and
federal imprisonment.’’
(3) The APW Seal image must be
obtained from the FBI’s official public
Internet Web site (https://www.fbi.gov).
The APW Seal image may not be
animated or altered except that it may
be rendered in outline, black and white,
or grayscale.
(4) In programming or reproducing
the APW Seal in or on a work, users are
encouraged to employ industryrecognized copyright anticircumvention or copy protection
E:\FR\FM\07SEP1.SGM
07SEP1
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Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Proposed Rules
techniques to discourage copying of the
FBI APW Seal, except that such
techniques need not be used if no other
content or advertising programmed into
the same work on the same media
utilizes such copyright anticircumvention or copy protection
techniques.
(f) Prohibitions regarding use of the
APW Seal.
(1) The APW Seal may not be used in
a manner indicating FBI approval,
authorization, or endorsement of any
communication other than the
authorized warning language. No other
text or image that appears on the same
screen, page, package, etc., as the APW
Seal or authorized warning language
shall reference, contradict, or be
displayed in a manner that appears to be
associated with, the APW Seal or
authorized warning language, except as
authorized in writing by the Director of
the FBI or his or her designee and
posted on the FBI’s official public
Internet Web site (https://www.fbi.gov).
(2) The APW Seal may not be used on
any work whose production, sale,
distribution by United States mail or in
interstate commerce, or public
presentation would violate the laws of
the United States including, but not
limited to, those protecting intellectual
property and those prohibiting child
pornography and obscenity.
(3) The APW Seal may not be
forwarded or copied except as necessary
to display it on an eligible work.
(4) The APW Seal shall not be used
in any manner:
(A) Indicating that the FBI has
approved, authorized, or endorsed any
work, product, production, or private
entity, including the work on which it
appears;
(B) Indicating that the FBI has
determined that a particular work or
portion thereof is entitled to protection
of the law; or,
(C) Indicating that any item or
communication, except as provided
herein, originated from, on behalf of, or
in coordination with the FBI, whether
for enforcement purposes, education, or
otherwise.
Dated: August 29, 2011.
Lee J. Lofthus,
Assistant Attorney General for
Administration.
[FR Doc. 2011–22877 Filed 9–6–11; 8:45 am]
BILLING CODE 4410–02–P
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17:43 Sep 06, 2011
Jkt 223001
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 10
[Docket No. OST–1996–1437]
RIN 2105–AD11
Maintenance of and Access to Records
Pertaining to Individuals; Proposed
Exemption
Department of Transportation
(DOT), Office of the Secretary.
ACTION: Notice of proposed rulemaking.
AGENCY:
DOT proposes to add a system
of records relating to suspicious activity
reporting to the list of DOT Privacy Act
Systems of Records that are exempt
from one or more provisions of the
Privacy Act. Public comment is invited.
DATES: Comments are due October 7,
2011. If no comments are received by
the due date, the proposal will take
effect as proposed and comments
addressed accordingly. If comments are
received by the due date, the proposal
will still take effect as proposed and the
comments addressed accordingly.
ADDRESSES: You may submit comments
[identified by DOT DMS Docket Number
[OST–1996–1437] by any of the
following methods:
Web site: https://www.regulations.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site.
ADDRESSES: You may submit comments
and reply comments using any one of
the following methods:
Initial comments will be made
available promptly electronically,
online on https://www.regulations.gov, or
for public inspection in room W12–140,
DOT Building, 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., e.t., Monday through
Friday, except Federal holidays. In
order to allow sufficient opportunity for
interested parties to prepare and submit
any reply comments, late-filed initial
comments will not be considered. Reply
comments must address only matters
raised in initial comments and must not
be used to present new arguments,
contentions, or factual material that is
not responsive to the initial comments.
ADDRESSES: You may submit comments
and reply comments identified by
docket number OST–1996–1437 using
any one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov.
• Fax: 202–493–2251.
• Mail: Docket Management Facility
(M–30), U.S. Department of
SUMMARY:
PO 00000
Frm 00057
Fmt 4702
Sfmt 4702
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
• Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., ET Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT:
Claire Barrett, Departmental Chief
Privacy Officer, Office of the Chief
Information Officer, U.S. Department of
Transportation, 1200 New Jersey
Avenue, SE., Washington, DC 20590 at
(202) 366–1835.
SUPPLEMENTAL INFORMATION: It is DOT
practice to identify a Privacy Act system
of records that is exempt from one or
more provisions of the Privacy Act
(pursuant to 5 U.S.C. 552a(j) or (k)) both
in the system notice published in the
Federal Register for public comment
and in an Appendix to DOT’s
regulations implementing the Privacy
Act (49 CFR part 10, Appendix A). This
amendment proposes exemption from
certain portions of the Privacy Act of a
proposed record system—the
Suspicious Activity Reporting (SAR)
database—to be used to track observed
behavior reasonably indicative of preoperational planning related to
terrorism or other criminal activity. To
aid in the law enforcement aspects of
SAR, DOT proposes to treat it as it treats
other law enforcement systems, by
exempting it from the following
provisions of the Privacy Act: (c)(3)
(Accounting of Certain Disclosures), (d)
(Access to Records), (e)(4)(G), (H), and
(I) (Agency Requirements), and (f)
(Agency Rules), to the extent that SAR
contains investigatory material
compiled for law enforcement purposes,
in accordance with 5 U.S.C. 552a(k)(2).1
1 (c)(3)—An agency making disclosures of
information that is covered by the Privacy Act must
keep an accounting of those disclosures and, under
(c)(3), make that accounting available to the subject
upon the subject’s request. The exemption from
(c)(3) means that, although we still have to maintain
the accounting, we do not have to provide it to the
subject.
(d)—One of the essential elements of the Privacy
Act is the subject’s right of access to information in
any file covered by the Privacy Act that is retrieved
by the subject’s name or other personal identifier,
such as social security number. In this way, the
subject can test the validity of the information. The
exemption from (d) means that we do not have to
grant the subject access to the information.
(e)(1)—Another essential element of the Privacy
Act is to limit the collection and maintenance of
E:\FR\FM\07SEP1.SGM
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Agencies
[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Proposed Rules]
[Pages 55332-55334]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22877]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
41 CFR Part 128-1
[Docket No. FBI 151]
RIN 1110-AA32
Federal Bureau of Investigation Anti-Piracy Warning Seal Program
AGENCY: Federal Bureau of Investigation (FBI), Justice.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Bureau of Investigation (FBI) is proposing a new
regulation providing a general authorization for use of the FBI Anti-
Piracy Warning Seal (APW Seal). The proposed rule will provide access
to the APW Seal to all copyright holders, subject to specific
conditions of use.
DATES: Written comments must be postmarked and electronic comments must
be submitted on or before November 7, 2011. Comments received by mail
will be considered timely if they are postmarked on or before that
date. The electronic Federal Docket Management System (FDMS) will
accept comments until Midnight Eastern Time at the end of that day.
ADDRESSES: Comments may be mailed to the Access Integrity Unit, Attn:
Lori L. Bokey c/o Federal Bureau of Investigation, CJIS Division,
Module C-3, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306.
To ensure proper handling, please reference Docket No. FBI 151 on your
correspondence. You may submit comments electronically or view an
electronic version of this proposed rule at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: John C. Allender, FBI Office of the
General Counsel, telephone number 202-324-8088.
SUPPLEMENTARY INFORMATION:
Posting of Public Comments. Please note that all comments received
are considered part of the public record and made available for public
inspection online at https://www.regulations.gov. Such information
includes personal identifying information (such as your name and
address) voluntarily submitted by the commenter.
You are not required to submit personal identifying information in
order to comment on this rule. Nevertheless, if you want to submit
personal identifying information (such as your name and address) as
part of your comment but do not want it to be posted online, you must
include the phrase ``PERSONAL IDENTIFYING INFORMATION'' in the first
paragraph of your comment. You also must locate all the personal
identifying information you do not want posted online in the first
paragraph of your comment and identify what information you want
redacted.
If you want to submit confidential business information as part of
your comment but do not want it to be posted online, you must include
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph
of your comment. You also must prominently identify confidential
business information to be redacted within the comment. If a comment
has so much confidential business information that it cannot be
effectively redacted, all or part of that comment may not be posted on
https://www.regulations.gov.
Personal identifying information and confidential business
information identified and located as set forth above will be placed in
the agency's public docket file, but not posted online. If you wish to
inspect the agency's public docket file in person by appointment,
please see the paragraph above entitled FOR FURTHER INFORMATION
CONTACT.
The reason the Department is requesting electronic comments before
Midnight Eastern Time at the end of the day the comment period closes
is that the inter-agency Regulations.gov/Federal Docket Management
System (FDMS), which receives electronic comments, terminates the
public's ability to submit comments at that time. Commenters in time
zones other than Eastern may want to take this fact into account so
that their electronic comments can be received. The constraints imposed
by the Regulations.gov/FDMS system do not apply to U.S. postal comments
which, as stated above, will be considered as timely filed if they are
postmarked before midnight on the day the comment period closes.
Discussion. The FBI's Anti-Piracy Warning (APW) Seal is a modified
image of the FBI's Official Seal with the words ``FBI Anti-Piracy
Warning'' superimposed on it. On November 17, 2003, the Attorney
General approved the APW Seal, then referred to as the ``FBI
Intellectual Property Rights Seal,'' as an official insignia of the FBI
to be used by the FBI and FBI-authorized entities as part of a
copyright anti-piracy awareness campaign. This approval brought the APW
Seal within the protection of Title 18 U.S. Code, Section 701, which
provides criminal sanctions for the unauthorized uses of such insignia.
The APW Seal was designed to graphically enhance the impact of
language warning users of copyrighted media about the potential
consequences of intellectual property crime, and the FBI's role in
investigating such crime. It serves as a vivid and widely recognizable
reminder of the FBI's authority and mission with respect to the
protection of intellectual property rights.
Beginning in December 2003, the FBI implemented a pilot program in
which the FBI entered into separate Memoranda of Understanding with
each of five entertainment and software industry associations. Members
of these associations were able to request approval to use the APW Seal
from the association, and the association administered the process and
record-keeping. Largely as a result of this program, the APW Seal and
its anti-piracy message have reached a large segment of the public.
Unfortunately, the pilot program also had the effect of excluding non-
members of these five associations from being able to use the APW Seal
on their works.
In order to enhance the availability, use, and effectiveness of the
APW Seal on lawful, copyright-protected works, this rule proposes to
replace the pilot program with a regulation governing the use of the
APW Seal. The image of the APW Seal will be made available on the FBI's
website, and it may be downloaded for use on eligible works as
specified in the text of the proposed regulation below. There will be
no fee associated with using the APW Seal. This regulation will be a
significant improvement over the current program, which has tended to
limit the use of the APW Seal and requires each user to enter into a
written agreement governing the use.
Regulatory Certifications
Regulatory Flexibility Act
The Attorney General, in accordance with the Regulatory Flexibility
Act (5 U.S.C. 605(b)), has reviewed this proposed rule and, by
approving it, certifies that this rule will not have a
[[Page 55333]]
significant economic impact on a substantial number of small entities.
Subject to the terms and conditions set forth, this rule merely allows
copyright holders to use the APW Seal on copyrighted works to help
detect and deter criminal violations of United States intellectual
property laws by educating the public about the existence of these laws
and the authority of the FBI to enforce them.
Executive Orders 12866 and 13563--Regulatory Review
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, ``Regulatory Planning and Review'' section 1(b),
Principles of Regulation and in accordance with Executive Order 13563
``Improving Regulation and Regulatory Review'' section 1(b) General
Principles of Regulation.
The Department of Justice has determined that this rule is not a
``significant regulatory action'' under Executive Order 12866, section
3(f), Regulatory Planning and Review, and accordingly this rule has not
been reviewed by the Office of Management and Budget.
Further, both Executive Orders 12866 and 13563 direct agencies to
assess all costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. The Department has assessed the costs and
benefits of this regulation and believes that the regulatory approach
selected maximizes net benefits.
Executive Order 12988--Civil Justice Reform
This proposed rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988.
Executive Order 13132--Federalism
This proposed rule will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 13132, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Unfunded Mandates Reform Act of 1995
This proposed rule will not result in the expenditure by State,
local, and tribal governments (in the aggregate) or by the private
sector of $100 million or more in any one year, and it will not
significantly or uniquely affect small governments. Therefore, no
actions were deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This proposed rule is not a major rule as defined by section 804 of
the Small Business Regulatory Enforcement Fairness Act of 1996. This
proposed rule will not result in an annual effect on the U.S. economy
of $100 million or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of U.S.-based companies to
compete with foreign-based companies in domestic and export markets.
Subject to the terms and conditions set forth, this rule merely allows
copyright holders to use the APW Seal on copyrighted works to help
detect and deter criminal violations of United States intellectual
property laws by educating the public about the existence of these laws
and the authority of the FBI to enforce them.
List of Subjects in 41 CFR Part 128-1
Government property, Seals and insignia, Copyright, Intellectual
property.
Accordingly, for the reasons set forth in the preamble, part 128-1
of chapter 128 of Title 41 of the Code of Federal Regulations is
amended as follows:
PART 128-1--[AMENDED]
1. The authority citation for part 128-1 is revised to read as
follows:
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c), 41 CFR 101-1.108,
and 28 CFR 0.75(j), unless otherwise noted.
2. A new Sec. 128-1.5009 is added to read as follows:
Sec. 128-1.5009 Authorization for Use of the Federal Bureau of
Investigation Anti-Piracy Warning Seal.
(a) Purpose. The Federal Bureau of Investigation (FBI) Anti-Piracy
Warning Seal (``APW Seal'') is an official insignia of the FBI and the
United States Department of Justice. The purpose of the APW Seal is to
help detect and deter criminal violations of United States intellectual
property laws by educating the public about the existence of these laws
and the authority of the FBI to enforce them.
(b) The ``APW Seal'' is a modified image of the Official FBI Seal
with the words ``FBI ANTI-PIRACY WARNING'' displayed horizontally
across its center in an enclosed border, whether rendered in color,
black and white, outline, or otherwise.
(c) The APW Seal has been approved by the Attorney General as an
official insignia of the FBI within the meaning of Title 18 United
States Code, Section 701, which provides criminal sanctions for
unauthorized uses of such insignia.
(d)(1) The regulations in this section authorize use of the APW
Seal by copyright holders on copyrighted works including, but not
limited to films, audio recordings, electronic media, software, books,
photographs, etc., subject to the terms and conditions set forth in
this paragraph.
(2) Use of the APW Seal or of the authorized warning language in a
manner not authorized under this section may be punishable under Title
18 United States Code, Sections 701, 709, or other applicable law.
(e) Conditions regarding use of the APW Seal.
(1) The APW Seal may only be used on works subject to protection as
intellectual property under U.S. Criminal Code provisions such as those
in Title 18 U.S. Code, Sections 2319, 2319A, and 2319B.
(2) The APW Seal may only be used immediately adjacent to the
authorized warning language. ``Authorized warning language'' refers to
the language set forth in paragraph (e)(2)(A) of this section, or
alternative language specifically authorized in writing for this
purpose by the Director of the FBI or his or her designee and posted on
the FBI's official public Internet Web site (https://www.fbi.gov).
(A) ``The unauthorized reproduction or distribution of a
copyrighted work is illegal. Criminal copyright infringement, including
infringement without monetary gain, is investigated by the FBI and is
punishable by fines and federal imprisonment.''
(3) The APW Seal image must be obtained from the FBI's official
public Internet Web site (https://www.fbi.gov). The APW Seal image may
not be animated or altered except that it may be rendered in outline,
black and white, or grayscale.
(4) In programming or reproducing the APW Seal in or on a work,
users are encouraged to employ industry-recognized copyright anti-
circumvention or copy protection
[[Page 55334]]
techniques to discourage copying of the FBI APW Seal, except that such
techniques need not be used if no other content or advertising
programmed into the same work on the same media utilizes such copyright
anti-circumvention or copy protection techniques.
(f) Prohibitions regarding use of the APW Seal.
(1) The APW Seal may not be used in a manner indicating FBI
approval, authorization, or endorsement of any communication other than
the authorized warning language. No other text or image that appears on
the same screen, page, package, etc., as the APW Seal or authorized
warning language shall reference, contradict, or be displayed in a
manner that appears to be associated with, the APW Seal or authorized
warning language, except as authorized in writing by the Director of
the FBI or his or her designee and posted on the FBI's official public
Internet Web site (https://www.fbi.gov).
(2) The APW Seal may not be used on any work whose production,
sale, distribution by United States mail or in interstate commerce, or
public presentation would violate the laws of the United States
including, but not limited to, those protecting intellectual property
and those prohibiting child pornography and obscenity.
(3) The APW Seal may not be forwarded or copied except as necessary
to display it on an eligible work.
(4) The APW Seal shall not be used in any manner:
(A) Indicating that the FBI has approved, authorized, or endorsed
any work, product, production, or private entity, including the work on
which it appears;
(B) Indicating that the FBI has determined that a particular work
or portion thereof is entitled to protection of the law; or,
(C) Indicating that any item or communication, except as provided
herein, originated from, on behalf of, or in coordination with the FBI,
whether for enforcement purposes, education, or otherwise.
Dated: August 29, 2011.
Lee J. Lofthus,
Assistant Attorney General for Administration.
[FR Doc. 2011-22877 Filed 9-6-11; 8:45 am]
BILLING CODE 4410-02-P