[Federal Register Volume 67, Number 137 (Wednesday, July 17, 2002)]
[Proposed Rules]
[Pages 46945-46948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17962]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1200

RIN 3095-AB12


Official Seals

AGENCY: National Archives and Records Administration (NARA).

ACTION: Proposed rule.

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SUMMARY: The National Archives and Records Administration (NARA) is 
proposing to revise its regulations on the NARA official seals. This 
proposal adds our criteria for approving and denying requests submitted 
by the public and other Federal agencies to use our official seals. It 
also proposes to require more detailed facts in written requests and 
includes NARA's conditions for use if a request is approved. This part 
has been rewritten in plain language format and applies to the public 
and other Federal agencies.

DATES: Comments are due by September 16, 2002.

ADDRESSES: Comments must be sent to Regulation Comments Desk (NPOL), 
Room 4100, Policy and Communications Staff, National Archives and 
Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. 
They may be faxed to 301-837-0319. You may also comment via the 
Internet to [email protected]. See the SUPPLEMENTARY INFORMATION 
section for additional instructions on submitting e-mail comments.
    Comments on the information collection contained in this proposed 
rule should also be sent to the Office of Management and Budget, Office 
of Information and Regulatory Affairs, Attn: Brooke Dickson, NARA Desk 
Officer, via fax or e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Kim Richardson at telephone number 
301-837-2902 or fax number 301-837-0319.

SUPPLEMENTARY INFORMATION: NARA's three official seals are the National 
Archives and Records Administration seal; the National Archives seal; 
and the National Archives Trust Fund Board seal. The official seals are 
used to authenticate various copies of official records in our custody 
and for other official NARA business. Occasionally, when criteria are 
met, we will permit the public and other Federal agencies to use our 
official seals. A written request must be submitted to use the official 
seals, which we approve or deny using specific criteria. We are 
proposing to add our criteria for approval as follows:
     The first criterion is that NARA must be participating in 
the event or activity by providing speakers, space, or other similar 
services (examples: NARA co-sponsoring a symposium or conference).
     The second criterion for approval is the seal's proposed 
use must not imply NARA's endorsement of a commercial product or 
service or of the user's policies or activities. NARA, as a Federal 
agency, cannot promote or endorse, directly or indirectly, any of the 
above mentioned activities.
    We are also proposing to require more detailed facts in written 
requests. Detailed and accurate requests enable us to make 
determinations that do not compromise our provisions for using the 
official seals as stated in these regulations.
    We also propose to add conditions for use if the request is 
approved. The conditions include that the seal must only be used for 
the specific purpose for which approval is granted, the approval must 
not be delegated without our prior approval, and the seal itself must 
not be altered.
    This part has been rewritten in plain language format and applies 
to the public and other Federal agencies.

Information Collection Subject to the Paperwork Reduction Act

    The proposed information collection in Sec. 1200.10, the written 
request, is subject to the Paperwork Reduction Act. Under this Act, no 
persons are required to respond to a collection of information unless 
it displays a valid OMB control number. The control number for this 
information collection will be assigned by OMB. NARA invites comments 
on this proposed information collection.

[[Page 46946]]

Comments should be addressed to NARA and OMB (see ADDRESSES).
    The proposed information collection in Sec. 1200.10 is designed to 
assist NARA in determining whether to approve requests to use our 
official seals. It affects the public and other Federal agencies that 
are requesting to use our official seals. We estimate that we will 
receive five requests per year from five respondents and that the 
respondent burden to provide the information will be 20 minutes per 
request, for a total burden of one hour and 40 minutes.

E-mail Comments

    Please submit e-mail comments within the body of your e-mail 
message or as an attachment. Please also include ``Attn: 3095-AB12'' 
and your name and return address in your Internet message. If you do 
not receive a confirmation that we have received your e-mail message, 
contact the Regulation Comment Desk at 301-837-2902.
    This proposed rule is not a significant regulatory action for the 
purposes of Executive Order 12866 and has not been reviewed by the 
Office of Management and Budget. As required by the Regulatory 
Flexibility Act, I certify that this proposed rule will not have a 
significant impact on a substantial number of small entities. This 
regulation does not have any federalism implications.

List of Subjects in 36 CFR Part 1200

    Seals and insignia.

    For the reasons set forth in the preamble, NARA proposes to revise 
part 1200 of title 36, Code of Federal Regulations, to read as follows:

PART 1200--OFFICIAL SEALS

Subpart A--General
Sec.
1200.1   Definitions.
Subpart B--How are NARA's Official Seals Designed and Used?
1200.2   How is each NARA seal designed?
1200.4   How does NARA use its official seals?
1200.6   Who is authorized to apply the official seals on documents 
or other materials?
Subpart C--Procedures for the Public to Request and Use NARA Seals
1200.8   How do I request to use the official seals?
1200.10   What are NARA's criteria for approval?
1200.12   How does NARA notify me of the determination?
1200.14   What are NARA's conditions for the use of the official 
seals?
Subpart D--Penalties for Misuse of NARA Seals
1200.16   Will I be penalized for misusing the official seals?

    Authority: 18 U.S.C. 506 and 1017; 44 U.S.C. 2104(e), 2116(b), 
2302.

Subpart A--General


Sec. 1200.1  Definitions.

    The following definitions apply to this part:
    Embossing seal means a display of the form and content of the 
official seal made on a die so that the seal can be embossed on paper 
or other medium.
    NARA means all organizational units of the National Archives and 
Records Administration.
    Official seal means the original(s) of the seal showing the exact 
form and content.
    Replica or reproduction means a copy of the official seal 
displaying the form and content.

Subpart B--How Are NARA's Official Seals Designed and Used?


Sec. 1200.2  How is each NARA seal designed?

    NARA's three official seals are illustrated in Figures 1, 2, and 3. 
A description of each seal is as follows:
    (a) The National Archives and Records Administration seal. The 
design is illustrated below in Figure 1 and described as follows:
    (1) The seal is centered on a disc with a double-line border.
    (2) The words ``NATIONAL ARCHIVES AND RECORDS ADMINISTRATION'' 
encircle the inside of the seal and the date 1985 is at the bottom 
center.
    (3) A solid line rendition of a heraldic eagle displayed holding in 
its left talon 13 arrows, in its right talon a branch of olive, bearing 
on its breast a representation of the shield of the United States.
    (4) Displayed above the eagle's head is a partially unrolled scroll 
inscribed with the words ``LITTERA SCRIPTA MANET'' one above the other.
[GRAPHIC] [TIFF OMITTED] TP17JY02.024


[[Page 46947]]


    (b) National Archives seal. The design is illustrated below and 
described as in paragraph (a) of this section. However, the words ``THE 
NATIONAL ARCHIVES OF THE UNITED STATES'' encircle the inside of the 
seal and the date 1934 is at the bottom center.
[GRAPHIC] [TIFF OMITTED] TP17JY02.025

    (c) National Archives Trust Fund Board seal. The design is 
illustrated below and described as in paragraph (a) of this section. 
However, the words ``NATIONAL ARCHIVES TRUST FUND BOARD'' encircle the 
inside of the seal and the date 1941 is at the bottom center.
[GRAPHIC] [TIFF OMITTED] TP17JY02.026

Sec. 1200.4  How does NARA use its official seals?

    NARA uses its three official seals to authenticate various copies 
of documents and for informational purposes as follows:
    (a) The National Archives and Records Administration seal, dated 
1985, is used:
    (1) For official business, e.g., stationery;
    (2) To authenticate copies of Federal records in NARA's temporary 
custody and copies of NARA operational records; and
    (3) For informational purposes with NARA's prior approval (includes 
use by NARA employees, the public, and other Federal agencies).
    (b) The National Archives seal, dated 1934, is used to authenticate 
copies of documents in NARA's permanent legal custody.
    (c ) The National Archives Trust Fund Board seal, dated 1941, is 
used for Trust Fund documents and publications.

[[Page 46948]]

Sec. 1200.6  Who is authorized to apply the official seals on documents 
or other materials?

    The Archivist of the United States (and the Archivist's designee) 
is the only individual authorized to apply NARA official seals, 
embossing seals, and replicas and reproductions of seals to appropriate 
documents, authentications, and other material. NARA accepts requests 
to use the official seals and approves or denies them based on the 
criteria identified in Sec. 1200.10.

Subpart C--Procedures for the Public to Request and Use NARA Seals


Sec. 1200.8  How do I request to use the official seals?

    You may only use the official seals if NARA approves your written 
request. Follow the procedures in this section to request 
authorization.
    (a) Prepare a written request explaining, in detail:
    (1) The name of the individual/organization requesting use and how 
it is associated with NARA;
    (2) Which of the three official seals you want to use and how or on 
what it is going to be displayed. Provide a sample of the document or 
other material on which the seal is intended to appear. Mark the sample 
in all places where the seal would be displayed;
    (3) How the intended use of the official seal is connected to your 
work with NARA on an event or activity (example: requesting to use the 
official NARA seal on a program brochure, poster, or other publicity 
announcing a co-sponsored symposium or conference.); and
    (4) The dates of the event or activity for which you intend to 
display the seal.
    (b) You must submit the request at least six weeks before you 
intend to use it to the Archivist of the United States (N), 8601 
Adelphi Rd., College Park, MD 20740-6001.
    (c) The OMB control number -------- has been assigned to the 
information collection contained in this section.


Sec. 1200.10  What Are NARA's criteria for approval?

    NARA's criteria for approval are as follows:
    (a) NARA must be participating in the event or activity by 
providing speakers, space, or other similar services (example: NARA co-
sponsoring a symposium or conference).
    (b) The seal is not going to be used on any article or in any 
manner that reflects unfavorably on NARA or endorses, either directly 
or by implication, commercial products or services, or a requestor's 
policies or activities.


Sec. 1200.12  How does NARA notify me of the determination?

    NARA will notify you by mail of the final decision, usually within 
3 weeks from the date we receive your request. If NARA approves your 
request, we will send you a camera-ready copy of the official seal 
along with an approval letter that will:
    (a) Reference back to the submitted request (either through the 
date or another distinguishing characteristic) indicating approval of 
the specific use, as defined in the request; and
    (b) Include NARA's conditions for use, which are identified in 
Sec. 1200.14.


Sec. 1200.14  What are NARA's conditions for the use of the official 
seals?

    If your request is approved, you must follow these conditions:
    (a) Use the official seal only for the specific purpose for which 
approval was granted;
    (b) Submit additional written requests for any uses other than the 
use granted in the approval letter;
    (c) Do not delegate the approval to another individual(s) or 
organization without NARA's prior approval; and
    (d) Do not change the official seals themselves. They must visually 
and physically appear as illustrated in Sec. 1200.2, with no 
alterations.
    (e) Only use the official seal for the time period designated in 
the approval letter (example: for the duration of a conference or 
exhibit).

Subpart D--Penalties for Misuse of NARA Seals


Sec. 1200.16  Will I be penalized for misusing the official seals?

    (a) If you falsely make, forge, counterfeit, mutilate, or alter 
official seals, replicas, reproductions or embossing seals, or 
knowingly use or possess with fraudulent intent any altered seal, you 
are subject to penalties under 18 U.S.C. 506.
    (b) If you use the official seals, replicas, reproductions, or 
embossing seals in a manner inconsistent with the provisions of this 
part, you are subject to penalties under 18 U.S.C. 1017 and to other 
provisions of law as applicable.

    Dated: July 8, 2002.
John W. Carlin,
Archivist of the United States.
[FR Doc. 02-17962 Filed 7-16-02; 8:45 am]
BILLING CODE 7515-01-P