Agency Seal, 65786-65789 [2024-17789]
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65786
Federal Register / Vol. 89, No. 156 / Tuesday, August 13, 2024 / Rules and Regulations
with a labor organization; any felony
arising out of the conduct of the
business of a broker, dealer, investment
adviser, bank, insurance company or
fiduciary; income tax evasion; any
felony involving the larceny, theft,
robbery, extortion, forgery,
counterfeiting, fraudulent concealment,
embezzlement, fraudulent conversion,
or misappropriation of funds or
securities; conspiracy or attempt to
commit any such crimes or a crime in
which any of the foregoing crimes is an
element; or any crime that is identified
or described in ERISA section 411; or
(2) is convicted by a foreign court of
competent jurisdiction or released from
imprisonment, whichever is later, as a
result of a crime, however denominated
by the laws of the relevant foreign
government, that is substantially
equivalent to an offense described
in(r)(1) above (excluding convictions
and imprisonment that occur within a
foreign country that is included on the
Department of Commerce’s list of
‘‘foreign adversaries’’ that is codified in
15 CFR 7.4, as amended).
(s) ‘‘Prohibited Misconduct’’ means
when a QPAM, any Affiliate thereof (as
defined in Section VI(d)), or any owner,
direct or indirect, of a five (5) percent
or more interest in the QPAM:
(1) Enters into a non-prosecution
(NPA) or deferred prosecution
agreement (DPA) on or after June 17,
2024 with a U.S. federal or state
prosecutor’s office or regulatory agency,
where the factual allegations that form
the basis for the NPA or DPA would
have constituted a crime described in
Section VI(r) if they were successfully
prosecuted; or
(2) Is found or determined in a final
judgment, or court-approved settlement
by a Federal or State criminal or civil
court that is entered on or after June 17,
2024 in a proceeding brought by the
Department, the Department of
Treasury, the Internal Revenue Service,
the Securities and Exchange
Commission, the Department of Justice,
the Federal Reserve Bank, the Office of
the Comptroller of the Currency, the
Federal Depository Insurance
Corporation, the Commodities Futures
Trading Commission, a state regulator,
or state attorney general to have
Participated In one or more of the
following categories of conduct
irrespective of whether the court
specifically considers this exemption or
its terms:
(A) engaging in a systematic pattern or
practice of conduct that violates the
conditions of this exemption in
connection with otherwise non-exempt
prohibited transactions;
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(B) intentionally engaging in conduct
that violates the conditions of this
exemption in connection with otherwise
non-exempt prohibited transactions; or
(C) providing materially misleading
information to the Department, the
Department of Treasury, the Internal
Revenue Service, the Securities and
Exchange Commission, the Department
of Justice, the Federal Reserve Bank, the
Office of the Comptroller of the
Currency, the Federal Depository
Insurance Corporation, the Commodities
Futures Trading Commission, a state
regulator or a state attorney general in
connection with the conditions of the
exemption.
(t) ‘‘Participate In,’’ ‘‘Participates In,’’
‘‘Participating In,’’ ‘‘Participated In,’’
and ‘‘Participation In’’ all refer not only
to active participation in Prohibited
Misconduct, but also to knowing
approval of the conduct, or knowledge
of such conduct without taking active
steps to prohibit such conduct,
including reporting the conduct to the
appropriate compliance personnel.
(u) The QPAM maintains the records
necessary to enable the persons
described in subsection (u)(2) below to
determine whether the conditions of
this exemption have been met with
respect to a transaction for a period of
six years from the date of the transaction
in a manner that is reasonably
accessible for examination. No
prohibited transaction will be
considered to have occurred solely due
to the unavailability of such records if
they are lost or destroyed due to
circumstances beyond the control of the
QPAM before the end of the six-year
period.
(1) No party, other than the QPAM
responsible for complying with this
Section VI(u), will be subject to the civil
penalty that may be assessed under
ERISA section 502(i) or the excise tax
imposed by Code section 4975(a) and
(b), if applicable, if the records are not
maintained or available for examination
as required by this Section VI(u) below.
(2) Except as provided in subsection
(3) or precluded by 12 U.S.C. 484
(regarding limitations on visitorial
powers for national banks), and
notwithstanding any provisions of
ERISA section 504(a)(2) and (b), the
records are reasonably available at their
customary location during normal
business hours for examination by:
(A) Any authorized employee of the
Department or the Internal Revenue
Service or another state or federal
regulator,
(B) Any fiduciary of a Plan invested
in an Investment Fund managed by the
QPAM,
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(C) Any contributing employer and
any employee organization whose
members are covered by a Plan invested
in an Investment Fund managed by the
QPAM, or
(D) Any participant or beneficiary of
a Plan invested in an Investment Fund
managed by the QPAM.
(3) None of the persons described in
subsection (2)(B) through (D) above are
authorized to examine records regarding
an Investment Fund that they are not
invested in, privileged trade secrets or
privileged commercial or financial
information of the QPAM, or
information identifying other
individuals.
(4) Should the QPAM refuse to
disclose information to a person
described in subsection (2)(A) through
(D) above on the basis that the
information is exempt from disclosure,
the QPAM must provide a written
notice advising the requestor of the
reasons for the refusal and that the
Department may request such
information by the close of the thirtieth
(30th) day following the request.
(5) A QPAM’s failure to maintain the
records necessary to determine whether
the conditions of this exemption have
been met will result in the loss of the
relief provided under this exemption
only for the transaction or transactions
for which such records are missing or
have not been maintained. Such failure
does not affect the relief for other
transactions if the QPAM maintains
required records for such transactions in
compliance with this Section VI(u).
Signed at Washington, DC, this 1st day of
August, 2024.
Lisa M. Gomez,
Assistant Secretary, Employee Benefits
Security Administration, U.S. Department of
Labor.
[FR Doc. 2024–17586 Filed 8–12–24; 8:45 am]
BILLING CODE 4510–29–P
FEDERAL MARITIME COMMISSION
46 CFR Part 501
[Docket No. FMC–2024–0007]
RIN 3072–AD01
Agency Seal
Federal Maritime Commission.
Direct final rule.
AGENCY:
ACTION:
The Federal Maritime
Commission (FMC or ‘‘the
Commission’’) is codifying its
description of the Commission’s seal
and prescribing requirements for when
the seal can be used. Use by any outside
person or organization may be made
SUMMARY:
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Federal Register / Vol. 89, No. 156 / Tuesday, August 13, 2024 / Rules and Regulations
only with FMC’s prior written approval.
Wrongful use of an official seal is
subject to administrative action and/or
criminal penalty.
DATES: This rule is effective October 15,
2024 without further action unless a
significant adverse comment is received
by September 12, 2024. If a significant
adverse comment is received, FMC will
publish a timely withdrawal of the rule
in the Federal Register.
Commenters should be aware that
Regulations.gov will only accept
comments submitted prior to midnight
Eastern Time on the last day of the
comment period. The Commission is
not obligated to consider comments
submitted after the deadline.
ADDRESSES: You may submit comments
on the direct final rule to the
Commission by using the Federal
eRulemaking Portal at
www.regulations.gov, under Docket No.
FMC–2024–0007. The most helpful
comments explain the reason for any
recommended change and include data,
information, and the authority that
supports the recommended change.
FOR FURTHER INFORMATION CONTACT:
David Eng, Secretary; Phone: (202) 523–
5725; Email: secretary@fmc.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
The Federal Maritime Commission is
an independent agency in the executive
branch of the United States Government
which is responsible for regulating the
U.S. international ocean transportation
system for the benefit of U.S. exporters,
importers, and the U.S. consumer.
Section 201(c) of the Merchant Marine
Act, 1936, as amended (46 U.S.C.
46101(d)), provides that the
Commission shall have an official seal,
and that such seal shall be judicially
recognized. The Commission adopted
its seal on August 14, 1961. Use of
agency seals is governed by 18 U.S.C.
506, which prohibits the use of agency
seals except as authorized under
regulations made pursuant to law. This
proscription is intended to protect the
public against the use of a recognizable
assertion of authority with intent to
deceive (U.S. v. Goeltz, 513 F.2d 193
(C.A. Utah 1975), cert. den. 423 U.S.
830).
The FMC seal was previously codified
at 46 CFR 501.11. The Commission
removed the seal from the Code of
Federal Regulations on September 10,
2021 (86 FR 50679). Since that time, the
official description of the seal has been
published on the FMC’s website.1 The
1 https://www.fmc.gov/about/fmc-history/#thefmc-seal.
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FMC is re-codifying the seal’s
description to provide clear and direct
legal evidence of the seal. Having the
description in the Code of Federal
Regulations provides direct evidence of
the official description of the seal and
eliminates the possibility, however
unlikely, of there being questions over
the official version. This is helpful not
only in daily administration of agency
business, but also should the need arise
to enforce prohibitions in Title 18 of the
United States Code regarding misuse of
the seal.
In addition to codification of the
description of the seal, the Commission
is establishing standards regarding the
use of the Commission’s seal by both the
agency itself and outside persons and
organizations. The previous codification
of the agency seal did not include
provisions for the authorization of use.
It is beneficial to the agency and the
public to have such standards clearly
stated and in an easily accessible
location. There have been recent
occurrences of use of the seal by outside
parties that FMC believes is misuse of
the seal. Having a codified policy will
help to ensure that the seal is used for
lawful purposes only.
comment explains how this direct final
rule would be ineffective or
unacceptable without the change.
II. Direct Final Rule
A direct final rule is a final rule that
does not go through proposed
rulemaking first. We use direct final
rulemaking when we expect that the
rule will generate no significant adverse
comments. We are issuing a direct final
rule because we expect this regulatory
change to be entirely non-controversial.
Accordingly, in accordance with 5
U.S.C. 553(b)(B), the Commission has
for good cause determined that the
notice and comment requirements are
unnecessary. However, to be certain that
we are correct, we set the comment
period to end before the effective date.
If we receive a significant adverse
comment, we will withdraw the direct
final rule before it becomes effective.
For purposes of this rulemaking, a
significant adverse comment is one that
explains (1) why the rule is
inappropriate, including challenges to
the rule’s underlying premise or
approach; or (2) why the rule will be
ineffective or unacceptable without a
change. In determining whether a
significant adverse comment
necessitates withdrawal of this direct
final rule, the FMC will consider
whether the comment raises an issue
serious enough to warrant a substantive
response had it been submitted in a
standard notice-and-comment process.
A comment recommending a change to
the rule will not be considered
significant and adverse unless the
The Commission will provide
confidential treatment for identified
confidential information to the extent
allowed by law. If you would like to
request confidential treatment, pursuant
to 46 CFR 502.5, you must submit the
following, by email, to secretary@
fmc.gov:
• A transmittal letter that identifies
the specific information in the
comments for which protection is
sought and demonstrates that the
information is a trade secret or other
confidential research, development, or
commercial information.
• A confidential copy of your
comments, consisting of the complete
filing with a cover page marked
‘‘Confidential-Restricted,’’ and the
confidential material clearly marked on
each page.
• A public version of your comments
with the confidential information
excluded. The public version must state
‘‘Public Version—confidential materials
excluded’’ on the cover page and on
each affected page and must clearly
indicate any information withheld.
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Public Participation
Please note that all comments
received are considered part of the
public record and will be made
available for public inspection at
https://www.regulations.gov. Such
information includes personally
identifiable information (‘‘PII’’) (such as
your name and address). Any PII that is
submitted is subject to being posted to
the publicly accessible https://
www.regulations.gov site without
redaction. The Commission will not
accept anonymous comments.
The Commission may withhold from
public viewing information provided in
comments that it determines may
impact the privacy of an individual, is
offensive, or raises copyright or other
legal concerns. For additional
information, please read the Privacy Act
notice that is available via the link in
the footer of https://
www.regulations.gov.
How do I submit confidential business
information?
III. Regulatory Analyses
Regulatory Flexibility Act
The Chairman of the Federal Maritime
Commission certifies that this rule will
not have a significant economic impact
on a substantial number of small
entities. The agency is infrequently
asked by outside persons or outside
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Federal Register / Vol. 89, No. 156 / Tuesday, August 13, 2024 / Rules and Regulations
organizations to use the agency seal.
The rule primarily affects employees of
the Federal Maritime Commission.
Congressional Review Act
This rule is not a ‘‘major rule’’ as
defined by the Congressional Review
Act (5 U.S.C. 801 et seq.). The rule will
not result in: (1) An annual effect on the
economy of $100,000,000 or more; (2) a
major increase in costs or prices; or (3)
significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based companies to compete
with foreign based companies. 5 U.S.C.
804(2).
Paperwork Reduction Act
This rule does not impose a
Collection of Information under the
Paperwork Reduction Act.
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(b) The shield and eagle above it are
associated with the United States of
America and denote the national scope
of maritime affairs. The outer rope and
fouled anchor are symbolic of seamen
and waterborne transportation. The date
‘‘1961’’ has historical significance,
indicating the year in which the
Commission was created.
(c) The seal shall be judicially
recognized in accordance with section
201(c) of the Merchant Marine Act,
1936, as amended (46 U.S.C. 46101(d)).
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Executive Order 12988 (Civil Justice
Reform)
This rule meets the applicable
standards in E.O. 12988, ‘‘Civil Justice
Reform,’’ (61 FR 4729, Feb. 7, 1996) to
minimize litigation, eliminate
ambiguity, and reduce burden.
List of Subjects in 46 CFR Part 501
Seal and insignia.
For the reasons set forth in the
preamble, the Commission amends 46
CFR part 501 as follows:
PART 501—THE FEDERAL MARITIME
COMMISSION—GENERAL
National Environmental Policy Act
The Commission’s regulations
categorically exclude certain
rulemakings from any requirement to
prepare an environmental assessment or
an environmental impact statement
because they do not increase or decrease
air, water or noise pollution or the use
of fossil fuels, recyclables, or energy, 46
CFR 504.4. This rule describes the
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description of the seal of the Federal
Maritime Commission and prescribes
when the seal can be used. This
rulemaking thus falls within 46 CFR
504.4(a).
1. The authority citation for part 501
continues to read as follows:
■
Authority: 5 U.S.C. 551–557, 701–706,
2903 and 6304; 31 U.S.C. 3721; 41 U.S.C. 414
and 418; 44 U.S.C. 501–520 and 3501–3520;
46 U.S.C. 40101–41309, 42101–42109,
44101–44106, 46101–46108; Pub. L. 89–56,
70 Stat. 195; 5 CFR part 2638; Pub. L. 104–
320, 110 Stat. 3870.
■
2. Add subpart C to read as follows:
§ 501.101
Authority to affix seal.
(a) The seal of the Federal Maritime
Commission shall be in the custody and
control of the Secretary of the
Commission.
(b) The Secretary has authority to affix
replicas, reproductions, and embossing
seals to appropriate documents,
certifications, and other material for all
purposes as authorized by this subpart,
including for the purposes authorized
by 28 U.S.C. 1733(b). The Secretary may
delegate and authorize redelegations of
this authority. The Office of the
Secretary shall maintain official records
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Subpart C—Official Seal
Sec.
501.100 Description of official seal.
501.101 Authority to affix seal.
501.102 Use of replicas, reproductions, and
embossing seals within the agency.
501.103 Use by outside persons or
organizations.
501.104 Penalties.
Authority: 18 U.S.C 506; 18 U.S.C. 701; 18
U.S.C. 1017; 28 U.S.C. 1733(b); 46 U.S.C.
46101(d).
Subpart C—Official Seal
§ 501.100
Description of official seal.
(a) The official seal of the Federal
Maritime Commission is described as
follows: A shield argent paly of six
gules, a chief azure charged with a
fouled anchor or; shield and anchor
outlined of the third; on a wreath argent
and gules, an eagle displayed proper; all
on a gold disc within a blue border,
encircled by a gold rope outlined in
blue, and bearing in white letters the
inscription ‘‘Federal Maritime
Commission’’ in upper portion and
‘‘1961’’ in lower portion. The
monochrome version of the official seal
appears in figure 1 to this section.
Figure 1 to § 501.100
of such delegations and redelegations
(and cancellations thereof).
§ 501.102 Use of replicas, reproductions,
and embossing seals within the agency.
(a) Replicas and reproductions of the
seal of the Federal Maritime
Commission may be used only for:
(1) Display in or adjacent to:
(i) Commission facilities, in
Commission auditoriums, presentation
rooms, hearing rooms, lobbies, and
public document rooms.
(ii) Non-Commission facilities in
connection with events and displays
sponsored by the Commission, or public
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Federal Register / Vol. 89, No. 156 / Tuesday, August 13, 2024 / Rules and Regulations
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appearances of a Commissioner or other
senior officials designated by the
Secretary.
(iii) Offices of Commissioners and
senior Commission officials designated
by the Secretary.
(2) Official distinguishing flags of the
Federal Maritime Commission adopted
by the Commission that incorporate the
seal.
(3) Official awards, certificates,
medals, and plaques.
(4) Motion picture film and other
audiovisual media prepared by, or for
the Commission with the agency’s
approval, and attributed thereto.
(5) Official prestige publications
which represent the achievements or
mission of the Commission.
(6) Stationary, programs, certificates,
diplomas, business and calling cards, or
signs and invitations of an official
nature prepared by, or on behalf of the
Commission with the agency’s approval.
(7) Official Commission identification
cards and security credentials.
(8) Official publications or graphics
issued by and attributed to the
Commission, or joint statements of the
Commission with one or more Federal
agencies, State or local governments,
Tribal governments, or foreign
governments.
(9) Official Commission exhibit
displays.
(10) Protocol gifts handed out by a
Commissioner or other senior
Commission officials designated by the
Secretary.
(11) On athletic clothing or equipment
with permission of the Commission for
official or informational purposes.
(12) Use of the seal within the agency
for any purpose other than as prescribed
in this section is prohibited, except that
the Secretary of Commission may
authorize, on a case-by-case basis, use
for purposes other than those prescribed
when the Secretary, in consultation
with the General Counsel, deems such
use to be appropriate.
(b) Embossing seals may be used only
on:
(1) Commission legal documents,
including interagency or
intergovernmental agreements,
agreements with States, foreign patent
applications, and similar documents.
(2) For other such purposes as
determined by the General Counsel of
the Federal Maritime Commission.
§ 501.103 Use by outside persons or
organizations.
(a) Replicas and reproductions of the
seal of the Federal Maritime
Commission, physical or digital, by
persons and organizations outside of the
Commission may be made only with the
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Commission’s prior written approval.
Persons and organizations outside of the
Commission are prohibited from using a
Commission embossing seal.
(b) Requests by any person or
organization outside of the Commission
for permission to use the seal must be
made in writing electronically to
secretary@fmc.gov. The request must
specify in detail the exact use to be
made. Any permission granted will
apply only to the specific use for which
it was granted and is not permission for
any other use.
(c) The decision whether to grant such
a request is made on a case-by-case
basis, with consideration of all relevant
factors, which may include: the benefit
or cost to the Government of granting
the request; the unintended appearance
of endorsement or authentication by the
Commission; the potential for misuse;
the effect upon Commission security;
the reputability of the use; the extent of
the control by the Commission over the
ultimate use; and the extent of control
by the Commission over distribution of
any products or publications bearing the
seal.
(d) Use of the seal shall be for
informational purposes. The seal may
not be used on any article or in any
manner which may discredit the seal or
reflect unfavorably upon the
Commission, or which implies
Commission endorsement of
commercial products or services, or of
the users’ policies or activities. All
agreements must benefit the
Commission; tie to a key
communication or operational objective;
and demonstrate the ability for
significant impact. The Commission
reserves the right to cancel such an
agreement at any time. Specifically,
permission may not be granted under
this section for nonofficial use—
(1) On souvenir or novelty items of an
expendable nature;
(2) On toys, gifts, or premiums;
(3) As a non-Commission letterhead
design; or
(4) On menus, matchbook covers,
calendars, or similar items.
(e) Use of the seal for any purpose
other than as prescribed in this section
is prohibited, except that the Secretary
may authorize the use of the seal by
outside individuals or organizations, on
a case-by-case basis, for purposes other
than those prescribed when the
Secretary, in consultation with the
General Counsel, deems such use to be
appropriate.
§ 501.104
Penalties.
(a) Falsely making, forging,
counterfeiting, mutilating, or altering
the seal of the Federal Maritime
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65789
Commission, or knowingly using or
possessing with fraudulent intent an
altered seal is punishable under 18
U.S.C. 506.
(b) Any person using the seal in a
manner inconsistent with the provisions
of this subpart is subject to the
provisions of 18 U.S.C. 1017, which
states penalties for the wrongful use of
an agency seal, and other provisions of
law as applicable.
(c) Any person using the seal in a
manner inconsistent with the provisions
of this part is subject to the provisions
of 18 U.S.C. 701, which states the
penalties for the wrongful use of badges,
identification cards, insignia, and other
designs prescribed by an agency.
By the Commission.
David Eng,
Secretary.
[FR Doc. 2024–17789 Filed 8–12–24; 8:45 am]
BILLING CODE 6730–02–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 231215–0305; RTID 0648–
XE183]
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Quota Transfer From North Carolina to
Massachusetts
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer.
AGENCY:
NMFS announces that the
State of North Carolina is transferring a
portion of its 2024 commercial summer
flounder quota to the Commonwealth of
Massachusetts. This adjustment to the
2024 fishing year quota is necessary to
comply with the Summer Flounder,
Scup, and Black Sea Bass Fishery
Management Plan (FMP) quota transfer
provisions. This announcement informs
the public of the revised 2024
commercial quotas for North Carolina
and Massachusetts.
DATES: Effective August 12, 2024
through December 31, 2024.
FOR FURTHER INFORMATION CONTACT:
Laura Deighan, Fishery Management
Specialist, (978) 281–9184.
SUPPLEMENTARY INFORMATION:
Regulations governing the summer
flounder fishery are found in 50 CFR
648.100 through 648.111. These
regulations require annual specification
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 156 (Tuesday, August 13, 2024)]
[Rules and Regulations]
[Pages 65786-65789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17789]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
46 CFR Part 501
[Docket No. FMC-2024-0007]
RIN 3072-AD01
Agency Seal
AGENCY: Federal Maritime Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Maritime Commission (FMC or ``the Commission'') is
codifying its description of the Commission's seal and prescribing
requirements for when the seal can be used. Use by any outside person
or organization may be made
[[Page 65787]]
only with FMC's prior written approval. Wrongful use of an official
seal is subject to administrative action and/or criminal penalty.
DATES: This rule is effective October 15, 2024 without further action
unless a significant adverse comment is received by September 12, 2024.
If a significant adverse comment is received, FMC will publish a timely
withdrawal of the rule in the Federal Register.
Commenters should be aware that Regulations.gov will only accept
comments submitted prior to midnight Eastern Time on the last day of
the comment period. The Commission is not obligated to consider
comments submitted after the deadline.
ADDRESSES: You may submit comments on the direct final rule to the
Commission by using the Federal eRulemaking Portal at
www.regulations.gov, under Docket No. FMC-2024-0007. The most helpful
comments explain the reason for any recommended change and include
data, information, and the authority that supports the recommended
change.
FOR FURTHER INFORMATION CONTACT: David Eng, Secretary; Phone: (202)
523-5725; Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The Federal Maritime Commission is an independent agency in the
executive branch of the United States Government which is responsible
for regulating the U.S. international ocean transportation system for
the benefit of U.S. exporters, importers, and the U.S. consumer.
Section 201(c) of the Merchant Marine Act, 1936, as amended (46 U.S.C.
46101(d)), provides that the Commission shall have an official seal,
and that such seal shall be judicially recognized. The Commission
adopted its seal on August 14, 1961. Use of agency seals is governed by
18 U.S.C. 506, which prohibits the use of agency seals except as
authorized under regulations made pursuant to law. This proscription is
intended to protect the public against the use of a recognizable
assertion of authority with intent to deceive (U.S. v. Goeltz, 513 F.2d
193 (C.A. Utah 1975), cert. den. 423 U.S. 830).
The FMC seal was previously codified at 46 CFR 501.11. The
Commission removed the seal from the Code of Federal Regulations on
September 10, 2021 (86 FR 50679). Since that time, the official
description of the seal has been published on the FMC's website.\1\ The
FMC is re-codifying the seal's description to provide clear and direct
legal evidence of the seal. Having the description in the Code of
Federal Regulations provides direct evidence of the official
description of the seal and eliminates the possibility, however
unlikely, of there being questions over the official version. This is
helpful not only in daily administration of agency business, but also
should the need arise to enforce prohibitions in Title 18 of the United
States Code regarding misuse of the seal.
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\1\ https://www.fmc.gov/about/fmc-history/#the-fmc-seal.
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In addition to codification of the description of the seal, the
Commission is establishing standards regarding the use of the
Commission's seal by both the agency itself and outside persons and
organizations. The previous codification of the agency seal did not
include provisions for the authorization of use. It is beneficial to
the agency and the public to have such standards clearly stated and in
an easily accessible location. There have been recent occurrences of
use of the seal by outside parties that FMC believes is misuse of the
seal. Having a codified policy will help to ensure that the seal is
used for lawful purposes only.
II. Direct Final Rule
A direct final rule is a final rule that does not go through
proposed rulemaking first. We use direct final rulemaking when we
expect that the rule will generate no significant adverse comments. We
are issuing a direct final rule because we expect this regulatory
change to be entirely non-controversial. Accordingly, in accordance
with 5 U.S.C. 553(b)(B), the Commission has for good cause determined
that the notice and comment requirements are unnecessary. However, to
be certain that we are correct, we set the comment period to end before
the effective date. If we receive a significant adverse comment, we
will withdraw the direct final rule before it becomes effective. For
purposes of this rulemaking, a significant adverse comment is one that
explains (1) why the rule is inappropriate, including challenges to the
rule's underlying premise or approach; or (2) why the rule will be
ineffective or unacceptable without a change. In determining whether a
significant adverse comment necessitates withdrawal of this direct
final rule, the FMC will consider whether the comment raises an issue
serious enough to warrant a substantive response had it been submitted
in a standard notice-and-comment process. A comment recommending a
change to the rule will not be considered significant and adverse
unless the comment explains how this direct final rule would be
ineffective or unacceptable without the change.
Public Participation
Please note that all comments received are considered part of the
public record and will be made available for public inspection at
https://www.regulations.gov. Such information includes personally
identifiable information (``PII'') (such as your name and address). Any
PII that is submitted is subject to being posted to the publicly
accessible https://www.regulations.gov site without redaction. The
Commission will not accept anonymous comments.
The Commission may withhold from public viewing information
provided in comments that it determines may impact the privacy of an
individual, is offensive, or raises copyright or other legal concerns.
For additional information, please read the Privacy Act notice that is
available via the link in the footer of https://www.regulations.gov.
How do I submit confidential business information?
The Commission will provide confidential treatment for identified
confidential information to the extent allowed by law. If you would
like to request confidential treatment, pursuant to 46 CFR 502.5, you
must submit the following, by email, to [email protected]:
A transmittal letter that identifies the specific
information in the comments for which protection is sought and
demonstrates that the information is a trade secret or other
confidential research, development, or commercial information.
A confidential copy of your comments, consisting of the
complete filing with a cover page marked ``Confidential-Restricted,''
and the confidential material clearly marked on each page.
A public version of your comments with the confidential
information excluded. The public version must state ``Public Version--
confidential materials excluded'' on the cover page and on each
affected page and must clearly indicate any information withheld.
III. Regulatory Analyses
Regulatory Flexibility Act
The Chairman of the Federal Maritime Commission certifies that this
rule will not have a significant economic impact on a substantial
number of small entities. The agency is infrequently asked by outside
persons or outside
[[Page 65788]]
organizations to use the agency seal. The rule primarily affects
employees of the Federal Maritime Commission.
Congressional Review Act
This rule is not a ``major rule'' as defined by the Congressional
Review Act (5 U.S.C. 801 et seq.). The rule will not result in: (1) An
annual effect on the economy of $100,000,000 or more; (2) a major
increase in costs or prices; or (3) significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based companies to compete with foreign based
companies. 5 U.S.C. 804(2).
Paperwork Reduction Act
This rule does not impose a Collection of Information under the
Paperwork Reduction Act.
National Environmental Policy Act
The Commission's regulations categorically exclude certain
rulemakings from any requirement to prepare an environmental assessment
or an environmental impact statement because they do not increase or
decrease air, water or noise pollution or the use of fossil fuels,
recyclables, or energy, 46 CFR 504.4. This rule describes the
description of the seal of the Federal Maritime Commission and
prescribes when the seal can be used. This rulemaking thus falls within
46 CFR 504.4(a).
Executive Order 12988 (Civil Justice Reform)
This rule meets the applicable standards in E.O. 12988, ``Civil
Justice Reform,'' (61 FR 4729, Feb. 7, 1996) to minimize litigation,
eliminate ambiguity, and reduce burden.
List of Subjects in 46 CFR Part 501
Seal and insignia.
For the reasons set forth in the preamble, the Commission amends 46
CFR part 501 as follows:
PART 501--THE FEDERAL MARITIME COMMISSION--GENERAL
0
1. The authority citation for part 501 continues to read as follows:
Authority: 5 U.S.C. 551-557, 701-706, 2903 and 6304; 31 U.S.C.
3721; 41 U.S.C. 414 and 418; 44 U.S.C. 501-520 and 3501-3520; 46
U.S.C. 40101-41309, 42101-42109, 44101-44106, 46101-46108; Pub. L.
89-56, 70 Stat. 195; 5 CFR part 2638; Pub. L. 104-320, 110 Stat.
3870.
0
2. Add subpart C to read as follows:
Subpart C--Official Seal
Sec.
501.100 Description of official seal.
501.101 Authority to affix seal.
501.102 Use of replicas, reproductions, and embossing seals within
the agency.
501.103 Use by outside persons or organizations.
501.104 Penalties.
Authority: 18 U.S.C 506; 18 U.S.C. 701; 18 U.S.C. 1017; 28
U.S.C. 1733(b); 46 U.S.C. 46101(d).
Subpart C--Official Seal
Sec. 501.100 Description of official seal.
(a) The official seal of the Federal Maritime Commission is
described as follows: A shield argent paly of six gules, a chief azure
charged with a fouled anchor or; shield and anchor outlined of the
third; on a wreath argent and gules, an eagle displayed proper; all on
a gold disc within a blue border, encircled by a gold rope outlined in
blue, and bearing in white letters the inscription ``Federal Maritime
Commission'' in upper portion and ``1961'' in lower portion. The
monochrome version of the official seal appears in figure 1 to this
section.
Figure 1 to Sec. 501.100
[GRAPHIC] [TIFF OMITTED] TR13AU24.039
(b) The shield and eagle above it are associated with the United
States of America and denote the national scope of maritime affairs.
The outer rope and fouled anchor are symbolic of seamen and waterborne
transportation. The date ``1961'' has historical significance,
indicating the year in which the Commission was created.
(c) The seal shall be judicially recognized in accordance with
section 201(c) of the Merchant Marine Act, 1936, as amended (46 U.S.C.
46101(d)).
Sec. 501.101 Authority to affix seal.
(a) The seal of the Federal Maritime Commission shall be in the
custody and control of the Secretary of the Commission.
(b) The Secretary has authority to affix replicas, reproductions,
and embossing seals to appropriate documents, certifications, and other
material for all purposes as authorized by this subpart, including for
the purposes authorized by 28 U.S.C. 1733(b). The Secretary may
delegate and authorize redelegations of this authority. The Office of
the Secretary shall maintain official records of such delegations and
redelegations (and cancellations thereof).
Sec. 501.102 Use of replicas, reproductions, and embossing seals
within the agency.
(a) Replicas and reproductions of the seal of the Federal Maritime
Commission may be used only for:
(1) Display in or adjacent to:
(i) Commission facilities, in Commission auditoriums, presentation
rooms, hearing rooms, lobbies, and public document rooms.
(ii) Non-Commission facilities in connection with events and
displays sponsored by the Commission, or public
[[Page 65789]]
appearances of a Commissioner or other senior officials designated by
the Secretary.
(iii) Offices of Commissioners and senior Commission officials
designated by the Secretary.
(2) Official distinguishing flags of the Federal Maritime
Commission adopted by the Commission that incorporate the seal.
(3) Official awards, certificates, medals, and plaques.
(4) Motion picture film and other audiovisual media prepared by, or
for the Commission with the agency's approval, and attributed thereto.
(5) Official prestige publications which represent the achievements
or mission of the Commission.
(6) Stationary, programs, certificates, diplomas, business and
calling cards, or signs and invitations of an official nature prepared
by, or on behalf of the Commission with the agency's approval.
(7) Official Commission identification cards and security
credentials.
(8) Official publications or graphics issued by and attributed to
the Commission, or joint statements of the Commission with one or more
Federal agencies, State or local governments, Tribal governments, or
foreign governments.
(9) Official Commission exhibit displays.
(10) Protocol gifts handed out by a Commissioner or other senior
Commission officials designated by the Secretary.
(11) On athletic clothing or equipment with permission of the
Commission for official or informational purposes.
(12) Use of the seal within the agency for any purpose other than
as prescribed in this section is prohibited, except that the Secretary
of Commission may authorize, on a case-by-case basis, use for purposes
other than those prescribed when the Secretary, in consultation with
the General Counsel, deems such use to be appropriate.
(b) Embossing seals may be used only on:
(1) Commission legal documents, including interagency or
intergovernmental agreements, agreements with States, foreign patent
applications, and similar documents.
(2) For other such purposes as determined by the General Counsel of
the Federal Maritime Commission.
Sec. 501.103 Use by outside persons or organizations.
(a) Replicas and reproductions of the seal of the Federal Maritime
Commission, physical or digital, by persons and organizations outside
of the Commission may be made only with the Commission's prior written
approval. Persons and organizations outside of the Commission are
prohibited from using a Commission embossing seal.
(b) Requests by any person or organization outside of the
Commission for permission to use the seal must be made in writing
electronically to [email protected]. The request must specify in detail
the exact use to be made. Any permission granted will apply only to the
specific use for which it was granted and is not permission for any
other use.
(c) The decision whether to grant such a request is made on a case-
by-case basis, with consideration of all relevant factors, which may
include: the benefit or cost to the Government of granting the request;
the unintended appearance of endorsement or authentication by the
Commission; the potential for misuse; the effect upon Commission
security; the reputability of the use; the extent of the control by the
Commission over the ultimate use; and the extent of control by the
Commission over distribution of any products or publications bearing
the seal.
(d) Use of the seal shall be for informational purposes. The seal
may not be used on any article or in any manner which may discredit the
seal or reflect unfavorably upon the Commission, or which implies
Commission endorsement of commercial products or services, or of the
users' policies or activities. All agreements must benefit the
Commission; tie to a key communication or operational objective; and
demonstrate the ability for significant impact. The Commission reserves
the right to cancel such an agreement at any time. Specifically,
permission may not be granted under this section for nonofficial use--
(1) On souvenir or novelty items of an expendable nature;
(2) On toys, gifts, or premiums;
(3) As a non-Commission letterhead design; or
(4) On menus, matchbook covers, calendars, or similar items.
(e) Use of the seal for any purpose other than as prescribed in
this section is prohibited, except that the Secretary may authorize the
use of the seal by outside individuals or organizations, on a case-by-
case basis, for purposes other than those prescribed when the
Secretary, in consultation with the General Counsel, deems such use to
be appropriate.
Sec. 501.104 Penalties.
(a) Falsely making, forging, counterfeiting, mutilating, or
altering the seal of the Federal Maritime Commission, or knowingly
using or possessing with fraudulent intent an altered seal is
punishable under 18 U.S.C. 506.
(b) Any person using the seal in a manner inconsistent with the
provisions of this subpart is subject to the provisions of 18 U.S.C.
1017, which states penalties for the wrongful use of an agency seal,
and other provisions of law as applicable.
(c) Any person using the seal in a manner inconsistent with the
provisions of this part is subject to the provisions of 18 U.S.C. 701,
which states the penalties for the wrongful use of badges,
identification cards, insignia, and other designs prescribed by an
agency.
By the Commission.
David Eng,
Secretary.
[FR Doc. 2024-17789 Filed 8-12-24; 8:45 am]
BILLING CODE 6730-02-P
