### 55329 Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Proposed Rules

maintenance of CO or any other NAAQS
in the area. EPA finds that the 2010 submittal meets the requirements of section 110(l) of the Act and proposes to approve it. EPA is not proposing to
take action on the State’s CO background concentrations for CO project-level conformity analyses.

VII. Statutory and Executive Order

Reviews

Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this proposed action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:

• Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44

U.S.C. 3501 et seq. );

• Is certified as not having a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq. );

• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described
in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4);

• Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act;
and

• Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt
tribal law.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide, Intergovernmental relations, Reporting and recordkeeping requirements.

Dated: August 25, 2011.

Michael A. Bussell, Acting Regional Administrator, Region 10.

[FR Doc. 2011–22841 Filed 9–6–11; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**40 CFR Part 180**

**[EPA–HQ–OPP–2011–0082; FRL–8886–7]**

**Receipt of Several Pesticide Petitions**
**Filed for Residues of Pesticide**
**Chemicals in or on Various**
**Commodities**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Notice of filing of petitions and request for comment.

**SUMMARY :**  This document announces the Agency’s receipt of several initial filings of pesticide petitions requesting the
establishment or modification of regulations for residues of pesticide
chemicals in or on various commodities.

**DATES :**  Comments must be received on or before October 7, 2011.

**ADDRESSES :**  Submit your comments, identified by docket identification (ID) number and the pesticide petition number (PP) of interest as shown in the body of this document, by one of the following methods:

• Federal eRulemaking Portal: http:// www.regulations.gov. Follow the on-line instructions for submitting comments.

• Mail: Office of Pesticide Programs (OPP) Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington,

DC 20460–0001.

• Delivery: OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S–4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket Facility’s normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made
for deliveries of boxed information. The Docket Facility telephone number is (703) 305–5805.

Instructions: Direct your comments to the docket ID number and the pesticide petition number of interest as shown in the body of this document. EPA’s policy
is that all comments received will be included in the docket without change and may be made available on-line at http://www.regulations.gov, including any personal information provided,
unless the comment includes
information claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects

or viruses.

Docket: All documents in the docket
are listed in the docket index available

at http://www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket
materials are available either in the
electronic docket at http:// www.regulations.gov, or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S– 4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal


### 55330 Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Proposed Rules

holidays. The Docket Facility telephone number is (703) 305–5805.

**FOR FURTHER INFORMATION CONTACT :**  A contact person, with telephone number and e-mail address, is listed at the end of each pesticide petition summary. You may also reach each contact person by mail at Antimicrobials Division (7510P), Biopesticides and Pollution Prevention Division (7511P), and Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001.

**SUPPLEMENTARY INFORMATION :** 

I. General Information

A. Does this action apply to me?

You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are
not limited to:

• Crop production (NAICS code 111).

• Animal production (NAICS code 112).

• Food manufacturing (NAICS code 311).

• Pesticide manufacturing (NAICS code 32532).

This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed at the end of the pesticide petition summary of interest.

B. What should I consider as I prepare my comments for EPA?

1. Submitting CBI. Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI
information in a disk or CD–ROM that you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then identify electronically within the disk or CD–ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

2. Tips for preparing your comments. When submitting comments, remember

to:

i. Identify the document by docket ID number and other identifying information (subject heading, Federal Register date and page number).

ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part
or section number.

iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.

iv. Describe any assumptions and provide any technical information and/ or data that you used.

v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.

vi. Provide specific examples to illustrate your concerns and suggest
alternatives.

vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats.

viii. Make sure to submit your comments by the comment period
deadline identified.

3. Environmental justice. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of any group, including minority and/or low-income populations, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, the Agency seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other factors, may have atypical or disproportionately high and adverse human health impacts or environmental effects from exposure to the pesticides discussed in this document, compared to the general population.

II. What action is the agency taking?

EPA is announcing its receipt of several pesticide petitions filed under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, requesting the establishment or modification of regulations in 40 CFR part 174 or part 180 for residues of pesticide chemicals in or on various food commodities. The Agency is taking public comment on the requests before responding to the petitioners. EPA is not proposing any particular action at this
time. EPA has determined that the pesticide petitions described in this
document contain the data or information prescribed in FFDCA section 408(d)(2); however, EPA has not fully evaluated the sufficiency of the
submitted data at this time or whether the data support granting of the pesticide petitions. After considering the public comments, EPA intends to evaluate whether and what action may be warranted. Additional data may be
needed before EPA can make a final determination on these pesticide petitions.

Pursuant to 40 CFR 180.7(f), a summary of each of the petitions that are the subject of this document, prepared by the petitioner, is included
in a docket EPA has created for each rulemaking. The docket for each of the petitions is available on-line at http:// www.regulations.gov.

As specified in FFDCA section 408(d)(3), (21 U.S.C. 346a(d)(3)), EPA is publishing notice of the petition so that the public has an opportunity to comment on this request for the
establishment or modification of regulations for residues of pesticides in
or on food commodities. Further information on the petition may be obtained through the petition summary
referenced in this unit.

New Tolerance

1. PP 1E7863. (EPA–HQ–OPP–2011– 0433). Interregional Research Project Number 4 (IR–4), 500 College Rd. East, Suite 201 W, Princeton, NJ 08540, requests to establish tolerances in 40 CFR part 180 for residues of the insecticide dinotefuran, ( RS)-1-methyl2-nitro-3-((tetrahydro-3- furyl)methyl)guanidine, including its metabolites and degradates, in or on berry, low growing, except strawberry, subgroup 13–07H at 0.2 parts per million (ppm); watercress at 5.0 ppm; onion, green, subgroup 3–07B at 6.0 ppm; onion, bulb, subgroup 3–07A at 0.07 ppm; peach at 0.9 ppm; vegetable, tuberous and corm, subgroup 1C at 0.05 ppm; fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13–07F at 0.9 ppm; and tea, plucked leaves at 25.0 ppm. Mitsui Chemicals Agro, Inc. has submitted practical analytical methodology for detecting and measuring levels of dinotefuran and its metabolites, 1-methyl-3-(tetrahydro-3- furymethyl)-urea (UF) and 1-methyl-3- (tetrahydro-3-furymethyl) guanidine (DN), in or on raw agricultural commodities. The high performance liquid chromatography (HPLC) method
was validated for determination of dinotefuran, DN and UF in or on tomatoes and peppers, cucurbits, brassica, grapes, potatoes, mustard greens, and lettuce for raw agricultural commodity matrices and in or on


### 55331 Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Proposed Rules

tomato paste and puree, grape juice and raisins and potato chips, granules, and wet peel for processed commodity
matrices. After extraction with a water/ acetonitrile mixture and clean up with hexane and extraction columns,
concentrations of dinotefuran and its metabolites were quantified after HPLC separation by tandem mass spectrometry (MS/MS) detection. Contact: Sidney Jackson, (703) 305– 7610, e-mail address: jackson.sidney@epa.gov.

2. PP 1E7881. (EPA–HQ–OPP–2011– 0541). IR–4, 500 College Rd. East, Suite 201 W, Princeton, NJ 08540, requests to establish tolerances in 40 CFR part 180
for combined residues of the insecticide fenpyroximate, (E)-1,1-dimethylethyl 4-[[[[(1,3-dimethyl-5-phenoxy-1H-pyrazol4-yl)methylene]amino] oxy]methyl]benzoate and its Z-isomer, (Z)-1,1-dimethylethyl 4-[[[[(1,3- dimethyl-5-phenoxy-1H-pyrazol-4-yl) methylene]amino]oxy]methyl]benzoate, in or on avocado at 0.20 ppm; sapote, black at 0.20 ppm; canistel at 0.20 ppm; sapote, mamey at 0.20 ppm; mango at 0.20 ppm; papaya at 0.20 ppm; sapodilla at 0.20 ppm; star apple at 0.20 ppm; bean, snap at 0.40 ppm; and tea, plucked leaves at 15 ppm. An
enforcement method has been developed which involves extraction of fenpyroximate from crops with acetone, filtration, partitioning and cleanup, and analysis by gas chromatography (GC) using a nitrogen/phosphorous detector (NPD). Contact: Sidney Jackson, (703) 305–7610, e-mail address: jackson.sidney@epa.gov.

3. PP 1E7898. (EPA–HQ–OPP–2011– 0657). IR–4, 500 College Rd. East, Suite 201 W, Princeton, NJ 08540, in cooperation with Syngenta Crop Protection, LLC, P.O. Box 18300, Greensboro NC 27419, requests to establish tolerances in 40 CFR part 180
for residues of the herbicide Smetolachlor (free and bound), S-2- chloro-N-(2-ethyl-6-methylphenyl)-N-(2- methoxy-1-methylethyl)acetamide, its R-enantiomer, and its metabolites, determined as the derivatives, 2-(2- ethyl-6-methylphenyl) amino-1- propanol and 4-(2-ethyl-6- methylphenyl)-2-hydroxy-5-methyl-3- morpholinone, in or on cilantro, leaves, fresh at 8.0 ppm; cilantro, leaves, dried at 8.0 ppm; coriander, seed at 0.13 ppm, and beet, garden, leaves at 1.8 ppm. Syngenta has developed and validated analytical methodology for enforcement purposes. This method has been submitted to the Agency and is in Pesticide Analytical Method Vol. II (PAM II), Method I. An extensive
database of method validation data using this method on various crop commodities is available. Contact: Sidney Jackson, (703) 305–7610, e-mail
address: jackson.sidney@epa.gov.

4. PP 1E7904. (EPA–HQ–OPP–2011– 0665). IR–4, 500 College Rd. East, Suite 201 W, Princeton, NJ 08540, requests to establish a tolerance in 40 CFR part 180
for residues of the insecticide emamectin benzoate, 4 ′-epimethylamino-4 ′-deoxyavermectin B 1 benzoate (a mixture of a minimum of 90% 4 ′-epi-methylamino-4 ′

- deoxyavermectin B 1a and a maximum of 10% 4 ′-epi-methlyamino4 ′ deoxyavermectin B 1b benzoate), and its metabolites 8,9 isomer of the B 1a and

B 1b component of the parent insecticide, in or on vegetable, cucurbit, group 9 at 0.03 ppm. Adequate analytical methods (HPLC-fluorescence methods) are available for enforcement purposes. Contact: Andrew Ertman, (703) 308– 9367, e-mail address: ertman.andrew@epa.gov.

5. PP 1G7889. (EPA–HQ–OPP–2011– 0674). Syngenta Crop Protection, LLC, P.O. Box 18300, Greensboro, NC 27419– 8300, requests to establish temporary tolerances in 40 CFR part 180 forresidues of the fungicide acibenzolar Smethyl for an experimental use permit (EUP), in or on apple, grapefruit, and pears at 0.05 ppm. Syngenta Analytical Method AG–671A is a practical and
valid method for the determination and confirmation of acibenzolar S-methyl (CGA245704) in raw agricultural commodities (RACs) and processing substrates from the tobacco, leafy (including Brassica) and fruiting vegetable crop groups at a limit of quantitation (LOQ) of 0.02 ppm. The method involves extraction, solid phase cleanup of samples with analysis by HPLC with ultraviolet (UV) detection or confirmatory LC/MS. Contact: Rose Mary Kearns, (703) 305–5611, e-mail
address: kearns.rosemary@epa.gov.

Amended Tolerance

PP 1E7881. (EPA–HQ–OPP–2011– 0541). IR–4, 500 College Rd. East, Suite 201 W, Princeton, NJ 08540, requests to
amend the tolerances in 40 CFR 180.566
for combined residues of the insecticide fenpyroximate, (E)-1,1-dimethylethyl 4-[[[[(1,3-dimethyl-5-phenoxy-1H-pyrazol4-yl)methylene]amino] oxy]methyl]benzoate and its Z-isomer, (Z)-1,1-dimethylethyl 4-[[[[(1,3- dimethyl-5-phenoxy-1H-pyrazol-4-yl) methylene]amino]oxy]methyl]benzoate, in or on cucumber from 0.10 ppm to 0.25 ppm; fruit, citrus, citrus, group 10– 10 tolerance at 0.60 ppm; vegetable, fruiting, group 8–10 tolerance at 0.20 ppm; and fruit, pome, group 11–10 tolerance at 0.40 ppm. An enforcement method has been developed which involves extraction of fenpyroximate from crops with acetone, filtration, partitioning and cleanup, and analysis by GC using a nitrogen/phosphorous detector (NPD). Contact: Sidney Jackson, (703) 305–7610, e-mail address: jackson.sidney@epa.gov.

New Tolerance Exemption

PP 0F7747. (EPA–HQ–OPP–2011– 0139). Pace Chemicals Ltd., 8321 Willard St., Burnaby, British Columbia, V3N 2X3, c/o Eliot Harrison, Lewis &
Harrison LLC, 122 C St. NW., Suite 740, Washington, DC 20001, requests to establish an exemption from the requirement of a tolerance for residues of the antimicrobial dimethyl didecyl ammonium chloride (DDAC), in or on Brassica (broccoli seeds). DDAC was extracted from the crop matrix with acetonitrile followed by shaking with steel balls to pulverize the plant
material. The extract was diluted with acetonitrile and centrifuged, then evaporated to 1 milliliter (ml) under a nitrogen stream. The extract is analyzed using LC–MS/LC. Contact: Tracy Lantz, (703) 308–6415, e-mail address: lantz.tracy@epa.gov.

Amended Tolerance Exemption

1. PP 1E7893. (EPA–HQ–OPP–2011– 0604). Cognis Corporation, c/o Lewis &
Harrison LLC, 122 C Street, NW., Suite 740, Washington, DC 20001, requests to amend an exemption from the requirement of a tolerance in 40 CFR
180.910 and 40 CFR 180.930 to set maximum use levels of 2-ethylhexanol (CAS No. 104–76–7) of 20% in pesticide formulations when used as a pesticide inert ingredient. The petitioner believes no analytical method is needed because this information is not required for a tolerance exemption. Contact: John Redden, (703) 305–1969, e-mail address: redden.john@epa.gov.

2. PP 1F7896. (EPA–HQ–OPP–2011– 0669). AgraQuest, Inc., 1540 Drew Ave., Davis, CA 95618, requests to amend/ expand an existing exemption from the requirement of a tolerance in 40 CFR 180.1209 by including the residues of the microbial pesticide Bacillus subtilis strain QST 713 variant Soil when used
in or on all food commodities. An analytical method for detecting Bacillus
subtilis strain QST 713 variant Soil is not applicable. It is expected that, when used as proposed, Bacillus subtilis strain QST 713 variant Soil would not
result in residues that are of toxicological concern. Contact: Michael Glikes, (703) 305–6231, e-mail address: glikes.michael@epa.gov.


### 55332 Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Proposed Rules

List of Subjects in 40 CFR Part 180

Environmental protection, Agricultural commodities, Feed additives, Food additives, Pesticides and pests, Reporting and recordkeeping requirements.

Dated: August 28, 2011.

Lois Rossi, Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 2011–22845 Filed 9–6–11; 8:45 am]

**BILLING CODE 6560–50–P**

**DEPARTMENT OF JUSTICE**

**41 CFR Part 128–1**

**[Docket No. FBI 151]**

**RIN 1110–AA32**

**Federal Bureau of Investigation Anti Piracy Warning Seal Program** 

**AGENCY :**  Federal Bureau of Investigation (FBI), Justice.

**ACTION :**  Proposed rule.

**SUMMARY :**  The Federal Bureau of Investigation (FBI) is proposing a new regulation providing a general
authorization for use of the FBI AntiPiracy Warning Seal (APW Seal). The proposed rule will provide access to the APW Seal to all copyright holders, subject to specific conditions of use.

**DATES :**  Written comments must be postmarked and electronic comments
must be submitted on or before November 7, 2011. Comments received by mail will be considered timely if they are postmarked on or before that date.
The electronic Federal Docket Management System (FDMS) will accept comments until Midnight Eastern Time at the end of that day.

**ADDRESSES :**  Comments may be mailed to the Access Integrity Unit, Attn: Lori L. Bokey c/o Federal Bureau of Investigation, CJIS Division, Module C– 3, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306. To ensure proper handling, please reference Docket No. FBI 151 on your correspondence. You may submit comments electronically or
view an electronic version of this proposed rule at http:// www.regulations.gov.

**FOR FURTHER INFORMATION CONTACT :**  John C. Allender, FBI Office of the General Counsel, telephone number 202–324–

8088.

**SUPPLEMENTARY INFORMATION :** 

Posting of Public Comments. Please
note that all comments received are considered part of the public record and made available for public inspection online at http://www.regulations.gov. Such information includes personal identifying information (such as your name and address) voluntarily submitted by the commenter.

You are not required to submit personal identifying information in
order to comment on this rule. Nevertheless, if you want to submit personal identifying information (such as your name and address) as part of your comment but do not want it to be posted online, you must include the phrase ‘‘PERSONAL IDENTIFYING INFORMATION’’ in the first paragraph of your comment. You also must locate all the personal identifying information you do not want posted online in the first paragraph of your comment and identify what information you want
redacted.

If you want to submit confidential business information as part of your comment but do not want it to be posted online, you must include the phrase

‘‘CONFIDENTIAL BUSINESS INFORMATION’’ in the first paragraph of your comment. You also must prominently identify confidential
business information to be redacted
within the comment. If a comment has
so much confidential business information that it cannot be effectively redacted, all or part of that comment may not be posted on http:// www.regulations.gov.

Personal identifying information and
confidential business information
identified and located as set forth above will be placed in the agency’s public docket file, but not posted online. If you wish to inspect the agency’s public docket file in person by appointment, please see the paragraph above entitled

**FOR FURTHER INFORMATION CONTACT**

.

The reason the Department is requesting electronic comments before Midnight Eastern Time at the end of the day the comment period closes is that the inter-agency Regulations.gov/ Federal Docket Management System (FDMS), which receives electronic comments, terminates the public’s ability to submit comments at that time.
Commenters in time zones other than Eastern may want to take this fact into
account so that their electronic
comments can be received. The constraints imposed by the Regulations.gov/FDMS system do not apply to U.S. postal comments which, as stated above, will be considered as timely filed if they are postmarked before midnight on the day the comment period closes.

Discussion. The FBI’s Anti-Piracy Warning (APW) Seal is a modified image of the FBI’s Official Seal with the words ‘‘FBI Anti-Piracy Warning’’ superimposed on it. On November 17, 2003, the Attorney General approved the APW Seal, then referred to as the ‘‘FBI Intellectual Property Rights Seal,’’ as an official insignia of the FBI to be used by the FBI and FBI-authorized entities as part of a copyright anti-piracy awareness campaign. This approval brought the APW Seal within the protection of Title 18 U.S. Code, Section 701, which provides criminal sanctions
for the unauthorized uses of such insignia.

The APW Seal was designed to graphically enhance the impact of language warning users of copyrighted media about the potential consequences of intellectual property crime, and the FBI’s role in investigating such crime. It serves as a vivid and widely recognizable reminder of the FBI’s authority and mission with respect to the protection of intellectual property rights.

Beginning in December 2003, the FBI implemented a pilot program in which the FBI entered into separate Memoranda of Understanding with each
of five entertainment and software industry associations. Members of these associations were able to request approval to use the APW Seal from the association, and the associationadministered the process and recordkeeping. Largely as a result of thisprogram, the APW Seal and its antipiracy message have reached a large segment of the public. Unfortunately, the pilot program also had the effect of excluding non-members of these five associations from being able to use the
APW Seal on their works.

In order to enhance the availability, use, and effectiveness of the APW Seal on lawful, copyright-protected works, this rule proposes to replace the pilot program with a regulation governing the use of the APW Seal. The image of the
APW Seal will be made available on the FBI’s website, and it may be downloaded for use on eligible works as specified in the text of the proposed regulation below. There will be no fee associated with using the APW Seal. This regulation will be a significant improvement over the current program,
which has tended to limit the use of the APW Seal and requires each user to enter into a written agreement governing
the use.

Regulatory Certifications

Regulatory Flexibility Act

The Attorney General, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this proposed rule and, by approving it,
certifies that this rule will not have a