[Federal Register Volume 69, Number 91 (Tuesday, May 11, 2004)]
[Rules and Regulations]
[Pages 26045-26051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10317]


=======================================================================
-----------------------------------------------------------------------

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1200

RIN 3095-AB19


Official Seals and Logos

AGENCY: National Archives and Records Administration (NARA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The National Archives and Records Administration (NARA) is 
modifying 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: This rule is effective June 10, 2004.

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

SUPPLEMENTARY INFORMATION: NARA published a proposed rule on February

[[Page 26046]]

20, 2004, at 69 FR 7881, for a 60-day public comment period. NARA did 
not receive any comments and therefore, we are not making any changes 
in this final rule.

Information Collection Subject to the Paperwork Reduction Act

    The information collection in Sec.  1200.8, 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 is 3095-0052.
    This final 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. This rule is not a major rule as 
defined in 5 U.S.C. chapter 8, Congressional Review of Agency 
Rulemaking. 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.

0
For the reasons set forth in the preamble, NARA amends part 1200 of 
title 36, Code of Federal Regulations, as follows:

PART 1200--OFFICIAL SEALS

0
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.

0
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?

0
3. Revise the heading of Subpart B to read as set forth above.
0
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:
BILLING CODE 7515-01-P
    (1) The Records Center Program;
    [GRAPHIC] [TIFF OMITTED] TR11MY04.000
    
    (2) The National Historical Publications and Records Commission;
    [GRAPHIC] [TIFF OMITTED] TR11MY04.001
    
    (3) American Originals;
    [GRAPHIC] [TIFF OMITTED] TR11MY04.002
    
    (4) Electronic Records Archives;

[[Page 26047]]

[GRAPHIC] [TIFF OMITTED] TR11MY04.003


[[Page 26048]]


    (5) The Archival Research Catalog;
    [GRAPHIC] [TIFF OMITTED] TR11MY04.004
    
    (6) The Archives Library Information Center;
    [GRAPHIC] [TIFF OMITTED] TR11MY04.005
    
    (7) Presidential Libraries; and
    [GRAPHIC] [TIFF OMITTED] TR11MY04.006
    
    (8) Federal Register publications.
    (i) Electronic Code of Federal Regulations.
    [GRAPHIC] [TIFF OMITTED] TR11MY04.007
    
    (ii) Regulations.gov and FedReg.gov Web sites.
    [GRAPHIC] [TIFF OMITTED] TR11MY04.008
    

[[Page 26049]]


    (iii) Federal Register paper edition.
    [GRAPHIC] [TIFF OMITTED] TR11MY04.009
    

[[Page 26050]]


    (iv) Code of Federal Regulations paper edition.
    [GRAPHIC] [TIFF OMITTED] TR11MY04.010
    

[[Page 26051]]


BILLING CODE 7515-01-C
    (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

0
5. Revise the heading of Subpart C to read as set forth above.
0
6. Amend Sec.  1200.8 by revising the 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.

0
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.

0
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:
* * * * *

0
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

0
10. Revise the heading of Subpart D to read as set forth above.
0
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: April 30, 2004.
John W. Carlin,
Archivist of the United States.
[FR Doc. 04-10317 Filed 5-10-04; 8:45 am]
BILLING CODE 7515-01-P