[Federal Register Volume 69, Number 34 (Friday, February 20, 2004)]
[Proposed Rules]
[Pages 7881-7887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3573]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1200

RIN 3095-AB19


Official Seals and Logos

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 modify its regulations on the use of official NARA seals 
by the public and other Federal agencies by extending the regulations 
to apply to the use of official NARA logos. This part applies to the 
public and other Federal agencies.

DATES: Comments are due by April 20, 2004.

ADDRESSES: NARA invites interested persons to submit comments on this 
proposed rule. Comments may be submitted by any of the following 
methods:
     Mail: Send comments to: Regulation Comments Desk 
(NPOL), Room 4100, Policy and Communications Staff, National Archives 
and Records Administration, 8601 Adelphi Road, College Park, MD 20740-
6001.
     Fax: Submit comments by facsimile transmission 
to: 301-837-0319.
     E-mail: Send comments to http://www.regulations.gov. You may also comment via e-mail to 
[email protected]. See the SUPPLEMENTARY INFORMATION for details.

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

SUPPLEMENTARY INFORMATION: NARA has three official seals, which are 
primarily used to authenticate records in NARA's custody. NARA also has 
a number of official logos, which we use to represent our major 
programs, products, and services. For example, we have an ongoing 
exhibit entitled ``American Originals'' which features original 
historical documents, and we have an official ``American Originals'' 
logo that represents this exhibit. In addition to the official logos 
that represent our major programs, products, and services, each of our 
Presidential libraries has an official logo.
    Though the official NARA seals and logos are primarily reserved for 
NARA use, if certain conditions are met, the public and other Federal 
agencies may request to use the seals and logos with NARA's permission.
    We are proposing to extend the regulations to apply to the official 
NARA logos because our existing regulations only cover the three 
official NARA seals.

Information Collection Subject to the Paperwork Reduction Act

    This proposed rule modifies the existing information collection in 
Sec.  1200.8, the written request, by expanding coverage to include 
official NARA logos, not just official NARA seals. The information 
collection in Sec.  1200.8 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 the existing information collection is 3095-0052. NARA 
invites comments on the proposed changes to the information collection. 
Comments should be addressed to NARA and OMB (see ADDRESSES).
    The change to the information collection in Sec.  1200.8 is 
designed to assist NARA in determining whether to approve requests to 
use our official logos. It affects the public and other Federal 
agencies that are requesting to use our official logos and seals. For 
the seals, we have estimated that we receive one request each from five 
respondents per year. For the logos, we also estimate that we will 
receive one request each from five respondents per year. The respondent 
burden to provide the information will be 20 minutes per request, for a 
total burden of three hours and 20 minutes. This is an increase of one 
hour and 40 minutes over the burden in the previously approved 
information collection.

E-mail Comments

    Please submit e-mail comments within the body of your e-mail 
message or attach comments avoiding the use of any form of encryption. 
Please also include ``Attn: 3095-AB19'' and your name and return 
address in your Internet message. If you do not receive a confirmation 
that we have received your email 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 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 amend 
part 1200 of title 36, Code of Federal Regulations, as follows:

PART 1200--OFFICIAL SEALS

    1. The authority citation for part 1200 is revised to read as 
follows:

    Authority: 18 U.S.C. 506, 701, and 1017; 44 U.S.C. 2104(e), 
2116(b), 2302.

    2. Amend Sec.  1200.1 by adding the definition of ``NARA Logo'' and 
revising the definition of ``Replica or reproduction'' to read as 
follows:


Sec.  1200.1  Definitions.

* * * * *
    NARA logo means a name, trademark, service mark, or symbol used by 
NARA in connection with its programs, products, or services.
* * * * *
    Replica or reproduction means a copy of an official seal or NARA 
logo displaying the form and content.

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

    3. Revise the heading of subpart B to read as set forth above.
    4. Add Sec.  1200.7 to subpart B to read as follows:


Sec.  1200.7  What are NARA logos and how are they used?

    (a) NARA's official logos include, but are not limited to, those 
illustrated as follows:
    (1) The Records Center Program;

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    (2) The National Historical Publications and Records Commission;
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    (3) American Originals;
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    (4) Electronic Records Archives;
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    (5) The Archival Research Catalog;
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    (6) The Archives Library Information Center;
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    (7) Presidential Libraries; and
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    (8) Federal Register publications.
    (i) Electronic Code of Federal Regulations.
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    (ii) Regulations.gov and FedReg.gov web sites.
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    (iii) Federal Register paper editions; and
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    (iv) Code of Federal Regulations paper edition.
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    (b) Other official NARA logos. For inquiries on other official NARA 
logos, contact the Office of General Counsel (NGC). Send written 
inquiries to the Office of General Counsel (NGC), Room 3110, 8601 
Adelphi Rd., College Park, MD 20740-6001.
    (c) NARA uses its logos for official business which includes but is 
not limited to:
    (1) Exhibits;
    (2) Publicity and other materials associated with a one-time or 
recurring NARA event or activity;
    (3) NARA Web sites (Intranet and Internet);
    (4) Officially approved internal and external publications; and
    (5) Presentations.
    (d) NARA logos may be used by the public and other Federal agencies 
for events or activities co-sponsored by NARA, but only with the 
approval of the Archivist. See subpart C for procedures to request 
approval for use.

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

    5. Revise the heading of subpart C to read as set forth above.
    6. Amend Sec.  1200.8 by revising the heading, introductory text, 
paragraphs (a)(2), (a)(3), and (a)(4), and paragraph (c) to read as 
follows:


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

    You may only use the official seals and logos if NARA approves your 
written request. Follow the procedures in this section to request 
authorization.
    (a) * * *
    (2) Which of the official seals and/or logos you want to use and 
how each is going to be displayed. Provide a sample of the document or 
other material on which the seal(s) and/or logo(s) would appear, 
marking the sample in all places where the seal(s) and/or logo(s) would 
be displayed;
    (3) How the intended use of the official seal(s) and/or logo(s) is 
connected to your work with NARA on an event or activity (example: 
requesting to use the official NARA seal(s) and/or logo(s) 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(s) and/or logo(s).
* * * * *
    (c) The OMB control number 3095-0052 has been assigned to the 
information collection contained in this section.
    7. Amend Sec.  1200.10 by revising paragraph (b) as follows:


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

* * * * *
    (b) Seals and logos will not 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.
    8. Amend Sec.  1200.12 by revising the introductory text to read as 
follows:


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(s) 
and/or logo(s) along with an approval letter that will:
* * * * *
    9. Amend Sec.  1200.14 by revising the heading and paragraphs (a), 
(d), and (e) to read as follows:


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

* * * * *
    (a) Use the official seals and/or logos only for the specific 
purpose for which approval was granted;
* * * * *
    (d) Do not change the official seals and/or logos themselves. They 
must visually and physically appear as NARA originally designed them, 
with no alterations.
    (e) Only use the official seal(s) and/or logo(s) 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 and Logos

    10. Revise the heading of Subpart D to read as set forth above.
    11. Revise Sec.  1200.16 to read as follows:


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

    (a) Seals. (1) 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.
    (2) 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.
    (b) Logos. If you use the official logos, replicas or 
reproductions, of logos in a manner inconsistent with the provisions of 
this part, you are subject to penalties under 18 U.S.C. 701.

    Dated: February 12, 2004.
John W. Carlin,
Archivist of the United States.
[FR Doc. 04-3573 Filed 2-19-04; 8:45 am]
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