[Federal Register Volume 74, Number 148 (Tuesday, August 4, 2009)]
[Rules and Regulations]
[Pages 38503-38504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18509]



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 Rules and Regulations
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  Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Rules 
and Regulations  

[[Page 38503]]



RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD

4 CFR Part 202

RIN 0430-AA02


Official Seal

AGENCY: Recovery Accountability and Transparency Board.

ACTION: Direct final rule.

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SUMMARY: The Recovery Accountability and Transparency Board (Board) is 
adopting regulations to establish its chapter and to adopt requirements 
on the use of its official seal. Use by any person or organization may 
be made only with the Board's prior written approval. Wrongful use of 
an official seal is subject to administrative action and/or criminal 
penalty.
    The Board believes that this rule is non-controversial, and the 
Board anticipates no significant adverse comment. If the Board receives 
a significant adverse comment, it will withdraw the rule.

DATES: This rule is effective September 3, 2009 without further action, 
unless adverse comment is received by August 24, 2009. If adverse 
comment is received, the Board will publish a timely withdrawal of the 
rule in the Federal Register.

ADDRESSES: You may submit comments by Mail/Hand Delivery/Courier: 
Jennifer Dure, Office of General Counsel, Recovery Accountability and 
Transparency Board, 1717 Pennsylvania Avenue, NW., Suite 700, 
Washington, DC 20006.

FOR FURTHER INFORMATION CONTACT: Kristen Fernandez, Records Manager, 
telephone (202) 254-7900.

SUPPLEMENTARY INFORMATION: The Board is adopting regulations (4 CFR 
part 202) on the use of its official seal. The Board has developed a 
seal that signifies the authoritativeness of the item or document to 
which it is affixed as an official endorsement of the Board. The seal 
is to be used for official Board business or as approved under the 
Board's regulations.
    The Board believes there is good cause to bypass notice and comment 
and proceed to a direct final rule pursuant to 5 U.S.C. 553(b). The 
rule is non-controversial and merely provides who may use the Board's 
official seal and for what purpose. Because this rule only impacts 
Board procedure and practice, notice and comment is unnecessary. 
Although the Board believes this direct final rule will not elicit any 
significant adverse comments, if such comments are received, the Board 
will publish a timely notice of withdrawal in the Federal Register.

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 imposes no additional reporting and recordkeeping 
requirements. Therefore, clearance by the Office of Management and 
Budget is not required.

List of Subjects in 4 CFR Part 202

    Official seal.


0
Therefore, under the authority at Public Law 111-5, 123 Stat. 115 
(2009), the Board amends Title 4 of the Code of Federal Regulations by 
establishing a new Chapter II, consisting of Part 202 to read as 
follows:

CHAPTER II--RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD

PART 202--OFFICIAL SEAL

Sec.
202.1 Description.
202.2 Authority to affix seal.
202.3 Prohibitions against misuse of seal.

    Authority: 5 U.S.C. 301, 18 U.S.C. 506.


Sec.  202.1  Description.

    (a) The official seal of the Recovery Accountability and 
Transparency Board (Board) is described as follows: The American Eagle, 
right facing, with left wing outstretched and pointing forward with 
right wing partially shown, is superimposed over a background 
suggesting the American Flag; upon a blue field, which fills background 
space above the Eagle's outstretched wing, are thirteen gold, five-
pointed stars; the lower half of the background, filling the space 
beneath the Eagle's outstretched wing, is vertically striped in 
alternating colors of red and gold. The entire image is circumscribed 
by a gold boundary with 18 equally spaced ``gear'' teeth; that image is 
further encircled by a ring bearing the gold-colored words ``RECOVERY 
ACCOUNTABILITY AND TRANSPARENCY'' centered at its top, and the word 
``BOARD'' is centered at its bottom and separated from the top-centered 
words by two laurel branches to its left and right.
    (b) The Board also has developed an alternate, monochromatic 
version of the seal in which the above-described blue field and red-
and-gold stripes are replaced by a white field and white-and-gold 
stripes. A reproduction of the official seal in black and white appears 
as follows:

[[Page 38504]]

[GRAPHIC] [TIFF OMITTED] TR04AU09.000

Sec.  202.2  Authority to affix seal.

    (a) The following officials of the Board are authorized to affix 
the official seal (including reproductions) to appropriate documents, 
certifications, and other materials of the Board: The Chairman and all 
Members, the Executive Director, the General Counsel, and the 
Directors.
    (b) The officials named in paragraph (a) of this section may 
delegate this authority as appropriate.


Sec.  202.3  Prohibitions against misuse of seal.

    (a) Falsely making, forging, counterfeiting, mutilating, or 
altering the Board seal or reproduction, or knowingly using or 
possessing with fraudulent intent an altered Board seal or reproduction 
is punishable under 18 U.S.C. 506.
    (b) Any person using the Board seal or reproduction in a manner 
inconsistent with the provisions of this part is subject to the 
provisions of 18 U.S.C. 1017, which states penalties for the wrongful 
use of an official seal, and other provisions of law as applicable.

Ivan J. Flores,
Paralegal Specialist, Recovery Accountability and Transparency Board.
[FR Doc. E9-18509 Filed 8-3-09; 8:45 am]
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