Agency Seal

AGENCY:

Federal Maritime Commission.

ACTION:

Direct final rule.

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 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.

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. 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.

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 secretary@fmc.gov:

• 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 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.

For the reasons set forth in the preamble, the Commission amends 46 CFR part 501 as follows:

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.

2. Add subpart C to read as follows:

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).

[FR Doc. 2024-17789 Filed 8-12-24; 8:45 am]

BILLING CODE 6730-02-P