[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]


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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.

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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

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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.


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