Official Symbol, Logo and Seal, 13252-13253 [2015-05536]
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Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations
Recently Available Data’’; in the fifth
row titled ‘‘Standardized Readmission
Ratio’’ remove the existing values and
add the following values in their place:
Measure
Performance
standard
Achievement
threshold
Benchmark
Standardized Readmission Ratio ................................................................................................
0.648
1.261
0.998
Dated: March 6, 2015.
C’Reda Weeden,
Executive Secretary to the Department,
Department of Health and Human Services.
describes the Department’s symbol, seal,
and logo.
[FR Doc. 2015–05766 Filed 3–12–15; 8:45 am]
This rule does not meet the criteria for
a significant regulatory action under
Executive Order 12866. Thus, review by
the Office of Management and Budget is
not required.
Regulatory Flexibility Act
45 CFR Part 18
This rule will not have a significant
economic impact on a substantial
number of small entities. Therefore, a
regulatory flexibility analysis as
provided by the Regulatory Flexibility
Act, as amended, is not required.
Official Symbol, Logo and Seal
Office of the Secretary, HHS.
Final rule.
AGENCY:
ACTION:
The U.S. Department of
Health and Human Services (HHS) is
adopting final regulations containing a
description of its official symbol, logo,
and seal.
DATES: This rule is effective April 13,
2015 without further action.
FOR FURTHER INFORMATION CONTACT:
Gloria Barnes, Office of the Assistant
Secretary for Public Affairs
(gloria.barnes@hhs.gov).
SUPPLEMENTARY INFORMATION: HHS is
adopting regulations (45 CFR part 18)
describing its official logo and seal. HHS
has developed a symbol, logo, and seal
that signifies the authoritativeness of the
item or document to which it is affixed
as an official endorsement of HHS.
Pursuant to 5 U.S.C. 553(b)(A), notice
and comment are not required because
this rule only impacts HHS’ procedure
and practice. In addition, pursuant to 5
U.S.C. 553(b)(B), there is good cause to
waive notice and comment as
unnecessary, because this rule is noncontroversial and merely describes
HHS’ official symbol, logo, and seal.
HHS previously published a Direct
Final Rule on April 14, 2014 (79 FR
20801). In response, HHS received two
public comments. Among other things,
both comments argued that the rule
violated the First Amendment. The
commenters argued that restrictions in
the Direct Final Rule violated the First
Amendment by not including
exceptions for certain uses of the seal
(e.g., for illustrative purposes by the
media). HHS withdrew this rule on June
4, 2014 (79 FR 32170). HHS is now
publishing a Final Rule that merely
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
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Paperwork Reduction Act
This rule does not contain any
collections of information subject to the
Paperwork Reduction Act.
List of Subjects in 45 CFR Part 18
Seals and insignia.
For the reasons set out in the
preamble, HHS adds Part 18 to Title 45,
Subtitle A, subchapter A of the Code of
Federal Regulations as follows:
Subtitle A—DEPARTMENT OF HEALTH
AND HUMAN SERVICES
Subchapter A—GENERAL
ADMINISTRATION
PART 18—OFFICIAL SYMBOL, LOGO,
AND SEAL
Sec.
18.1
(c) The HHS Departmental Logo
(Logo) incorporates the Symbol and is
described as follows: From the tip of the
outstretched wing of the American Eagle
in symbol to the tip of the other,
downward-facing wing, the words,
‘‘DEPARTMENT OF HEALTH &
HUMAN SERVICES • USA’’ form a
circular arc. The official colors of the
Logo are either Black or Reflex Blue.
Reflex Blue RGB Numbers: 0/0/153 (R0,
G0, B153)
Description of the Symbol, Logo, and
Seal.
Authority: 42 U.S.C. 3505 and 5 U.S.C.
301.
§ 18.1 Description of the Symbol, Logo,
and Seal.
(a) The Departmental Symbol
(Symbol) of the Department of Health
and Human Services (HHS) is the key
element in Department identification. It
represents the American People
sheltered in the wing of the American
Eagle, suggesting the Department’s
concern and responsibility for the
welfare of the people. This Symbol is
the visual link which connects the
graphic communications of all
components and programs of the
Department. It is the major design
component for the Department
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(d) The HHS Departmental Seal (Seal)
incorporates the Symbol and is
described as follows: Starting from the
tip of the downward-facing wing of the
American Eagle in the HHS symbol and
forming a complete circle clockwise
around the HHS symbol, the words,
‘‘DEPARTMENT OF HEALTH &
HUMAN SERVICES • USA •’’ are
printed, surrounded by a border
composed of a solid inner ring at the
base of the text and a triangular,
scalloped edge at the top of the text. The
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
ER13MR15.002</GPH>
BILLING CODE 4120–01–P
Executive Order No. 12866
Identifiers — the Department Logo, Seal,
and Signatures.
(b) The Symbol is described as
follows: The outline of an American
Eagle, facing left, with one of its wings
stretched upward and the other wing
pointed downward, is flanked on its
right side by two outlines of the profile
of a human head, both of which are
located in between the eagle’s wings.
One of the profile outlines is smaller
than the other and is nestled in the
larger outline.
Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations
(e) The HHS Departmental symbol,
logo, and seal shall each be referred to
as an HHS emblem and shall
collectively be referred to as HHS
emblems.
Dated: March 4, 2015.
Sylvia M. Burwell,
Secretary.
[FR Doc. 2015–05536 Filed 3–12–15; 8:45 am]
BILLING CODE 4150–04–P
DEPARTMENT OF TRANSPORTATION
49 CFR Parts 27 and 37
[Docket OST–2006–23985]
RIN 2105–AE15
Transportation for Individuals With
Disabilities; Reasonable Modification
of Policies and Practices
Office of the Secretary (OST),
U.S. Department of Transportation
(DOT).
ACTION: Final rule.
AGENCY:
The Department is revising its
rules under the Americans with
Disabilities Act (ADA) and section 504
of the Rehabilitation Act of 1973, as
amended (section 504), specifically to
provide that transportation entities are
required to make reasonable
modifications/accommodations to
policies, practices, and procedures to
avoid discrimination and ensure that
their programs are accessible to
individuals with disabilities.
DATES: This rule is effective July 13,
2015.
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
Jill
Laptosky, Office of the General Counsel,
1200 New Jersey Avenue SE.,
Washington, DC 20590, Room W96–488,
202–493–0308, jill.laptosky@dot.gov.
For questions related to transit, you may
contact Bonnie Graves, Office of Chief
FOR FURTHER INFORMATION CONTACT:
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Jkt 235001
Counsel, Federal Transit
Administration, same address, Room
E56–306, 202–366–0944,
bonnie.graves@dot.gov; and, for rail,
Linda Martin, Office of Chief Counsel,
Federal Railroad Administration, same
address, Room W31–304, 202–493–
6062, linda.martin@dot.gov.
SUPPLEMENTARY INFORMATION: This final
rule concerning reasonable modification
of transportation provider policies and
practices is based on a notice of
proposed rulemaking (NPRM) issued
February 27, 2006 (71 FR 9761). The
NPRM also concerned several other
subjects, most notably
nondiscriminatory access to new and
altered rail station platforms. The
Department issued a final rule on these
other subjects on September 19, 2011
(76 FR 57924).
Executive Summary
I. Purpose of the Regulatory Action
This final rule is needed to clarify that
public transportation entities are
required to make reasonable
modifications/accommodations to their
policies, practices, and procedures to
ensure program accessibility. While this
requirement is not a new obligation for
public transportation entities receiving
Federal financial assistance (see section
504 of the Rehabilitation Act), including
the National Passenger Railroad
Corporation (Amtrak), courts have
identified an unintended gap in our
Americans with Disabilities Act (ADA)
regulations. This final rule will fill in
the gap. The real-world effect will be
that the nature of an individual’s
disability cannot preclude a public
transportation entity from providing full
access to the entity’s service unless
some exception applies. For example,
an individual using a wheelchair who
needs to access the bus will be able to
board the bus even though sidewalk
construction or snow prevents the
individual from boarding the bus from
the bus stop; the operator of the bus will
need to slightly adjust the boarding
location so that the individual using a
wheelchair may board from an
accessible location.
Reasonable modification/
accommodation requirements are a
fundamental tenet of disability
nondiscrimination law—for example,
they are an existing requirement for
recipients of Federal assistance and are
contained in the U.S. Department of
Justice’s (DOJ) ADA rules for public and
private entities, the U.S. Department of
Transportation’s (DOT) ADA rules for
passenger vessels, and DOT rules under
the Air Carrier Access Act. In addition,
section 504 has long been interpreted by
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the courts to require recipients of
Federal financial assistance—virtually
all public transportation entities subject
to this final rule—to provide reasonable
accommodations by making changes to
policies, practices, and procedures if
needed by an individual with a
disability to enable him or her to
participate in the recipient’s program or
activity, unless providing such
accommodations are an undue financial
and administrative burden or constitute
a fundamental alteration of the program
or activity. Among the Department’s
legal authorities to issue this rulemaking
are section 504 of the Rehabilitation Act
of 1973, as amended (29 U.S.C. 794),
and the Americans with Disabilities Act
(ADA), 42 U.S.C. 12101–12213.
II. Summary of the Major Provisions of
the Regulatory Action
Public entities providing designated
public transportation (e.g., fixed route,
demand-responsive, and ADA
complementary paratransit) service will
need to make reasonable modifications/
accommodations to policies and
practices to ensure program accessibility
subject to several exceptions. These
exceptions include when the
modification/accommodation would
cause a direct threat to the health or
safety of others, would result in a
fundamental alteration of the service,
would not actually be necessary in order
for the individual with a disability to
access the entity’s service, or (for
recipients of Federal financial
assistance) would result in an undue
financial and administrative burden.
Appendix E of this final rule provides
specific examples of requested
modifications that public transportation
entities typically would not be required
to grant for one or more reasons.
Public entities providing designated
public transportation service will need
to implement their own processes for
making decisions and providing
reasonable modifications under the
ADA to their policies and practices. In
many instances, entities already have
compliant processes in place. This final
rule does not prescribe the exact
processes entities must adopt or require
DOT approval of the processes.
However, DOT reserves the right to
review an entity’s process as part of its
normal oversight. See 49 CFR 37.169.
III. Costs and Benefits
The Department estimates that the
costs associated with this final rule will
be minimal for two reasons. First,
modifications to policies, practices, and
procedures, if needed by an individual
with a disability to enable him or her to
participate in a program or activity, are
E:\FR\FM\13MRR1.SGM
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official colors of the Seal are Reflex Blue
and Gold [Reflex Blue RGB Numbers: 0/
0/153 (R0, G0, B153); Reflex Gold RGB
Numbers: 254/252/1 (R254, G252, B1)].
The Seal may also appear in Reflex Blue
or Black.
13253
]]>Agencies
[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Rules and Regulations]
[Pages 13252-13253]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05536]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
45 CFR Part 18
Official Symbol, Logo and Seal
AGENCY: Office of the Secretary, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Health and Human Services (HHS) is
adopting final regulations containing a description of its official
symbol, logo, and seal.
DATES: This rule is effective April 13, 2015 without further action.
FOR FURTHER INFORMATION CONTACT: Gloria Barnes, Office of the Assistant
Secretary for Public Affairs (gloria.barnes@hhs.gov).
SUPPLEMENTARY INFORMATION: HHS is adopting regulations (45 CFR part 18)
describing its official logo and seal. HHS has developed a symbol,
logo, and seal that signifies the authoritativeness of the item or
document to which it is affixed as an official endorsement of HHS.
Pursuant to 5 U.S.C. 553(b)(A), notice and comment are not required
because this rule only impacts HHS' procedure and practice. In
addition, pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive
notice and comment as unnecessary, because this rule is non-
controversial and merely describes HHS' official symbol, logo, and
seal.
HHS previously published a Direct Final Rule on April 14, 2014 (79
FR 20801). In response, HHS received two public comments. Among other
things, both comments argued that the rule violated the First
Amendment. The commenters argued that restrictions in the Direct Final
Rule violated the First Amendment by not including exceptions for
certain uses of the seal (e.g., for illustrative purposes by the
media). HHS withdrew this rule on June 4, 2014 (79 FR 32170). HHS is
now publishing a Final Rule that merely describes the Department's
symbol, seal, and logo.
Executive Order No. 12866
This rule does not meet the criteria for a significant regulatory
action under Executive Order 12866. Thus, review by the Office of
Management and Budget is not required.
Regulatory Flexibility Act
This rule will not have a significant economic impact on a
substantial number of small entities. Therefore, a regulatory
flexibility analysis as provided by the Regulatory Flexibility Act, as
amended, is not required.
Paperwork Reduction Act
This rule does not contain any collections of information subject
to the Paperwork Reduction Act.
List of Subjects in 45 CFR Part 18
Seals and insignia.
For the reasons set out in the preamble, HHS adds Part 18 to Title
45, Subtitle A, subchapter A of the Code of Federal Regulations as
follows:
Subtitle A--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Subchapter A--GENERAL ADMINISTRATION
PART 18--OFFICIAL SYMBOL, LOGO, AND SEAL
Sec.
18.1 Description of the Symbol, Logo, and Seal.
Authority: 42 U.S.C. 3505 and 5 U.S.C. 301.
Sec. 18.1 Description of the Symbol, Logo, and Seal.
(a) The Departmental Symbol (Symbol) of the Department of Health
and Human Services (HHS) is the key element in Department
identification. It represents the American People sheltered in the wing
of the American Eagle, suggesting the Department's concern and
responsibility for the welfare of the people. This Symbol is the visual
link which connects the graphic communications of all components and
programs of the Department. It is the major design component for the
Department Identifiers -- the Department Logo, Seal, and Signatures.
(b) The Symbol is described as follows: The outline of an American
Eagle, facing left, with one of its wings stretched upward and the
other wing pointed downward, is flanked on its right side by two
outlines of the profile of a human head, both of which are located in
between the eagle's wings. One of the profile outlines is smaller than
the other and is nestled in the larger outline.
[GRAPHIC] [TIFF OMITTED] TR13MR15.002
(c) The HHS Departmental Logo (Logo) incorporates the Symbol and is
described as follows: From the tip of the outstretched wing of the
American Eagle in symbol to the tip of the other, downward-facing wing,
the words, ``DEPARTMENT OF HEALTH & HUMAN SERVICES USA'' form
a circular arc. The official colors of the Logo are either Black or
Reflex Blue. Reflex Blue RGB Numbers: 0/0/153 (R0, G0, B153)
[GRAPHIC] [TIFF OMITTED] TR13MR15.003
(d) The HHS Departmental Seal (Seal) incorporates the Symbol and is
described as follows: Starting from the tip of the downward-facing wing
of the American Eagle in the HHS symbol and forming a complete circle
clockwise around the HHS symbol, the words, ``DEPARTMENT OF HEALTH &
HUMAN SERVICES USA '' are printed, surrounded by a
border composed of a solid inner ring at the base of the text and a
triangular, scalloped edge at the top of the text. The
[[Page 13253]]
official colors of the Seal are Reflex Blue and Gold [Reflex Blue RGB
Numbers: 0/0/153 (R0, G0, B153); Reflex Gold RGB Numbers: 254/252/1
(R254, G252, B1)]. The Seal may also appear in Reflex Blue or Black.
[GRAPHIC] [TIFF OMITTED] TR13MR15.004
(e) The HHS Departmental symbol, logo, and seal shall each be
referred to as an HHS emblem and shall collectively be referred to as
HHS emblems.
Dated: March 4, 2015.
Sylvia M. Burwell,
Secretary.
[FR Doc. 2015-05536 Filed 3-12-15; 8:45 am]
BILLING CODE 4150-04-P
