41316 Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations 

§ 370.43 What codes are used to report 

Tier I and Tier II inventory information? 

(a) Weight range codes. Except as 

provided in paragraph (b) of this 

section, you must use the following 

codes to report the maximum amount 

and average daily amount when 

reporting Tier I or Tier II inventory 

information: 

Range codes 

Weight range in pounds 

From To 

01 .................. 0 99 

02 .................. 100 499 

03 .................. 500 999 

04 .................. 1,000 4,999 

05 .................. 5,000 9,999 

06 .................. 10,000 24,999 

07 .................. 25,000 49,999 

08 .................. 50,000 74,999 

09 .................. 75,000 99,999 

10 .................. 100,000 499,999 

11 .................. 500,000 999,999 

12 .................. 1,000,000 9,999,999 

13 .................. 10,000,000 (*) 

* Greater than 10 million 

Note to paragraph (a): To convert gas or 

liquid volume to weight in pounds, multiply 

by an appropriate density factor. 

(b) Your SERC or LEPC may provide 

other range codes for reporting 

maximum amount and average daily 

amount, or may require reporting of 

specific amounts. You may use your 

SERC’s or LEPC’s range codes (or 

specific amounts) provided the ranges 

are not broader than the ranges in 

paragraph (a) of this section. 

[FR Doc. 2012–16951 Filed 7–12–12; 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 AntiPiracy Warning Seal Program 

AGENCY: Federal Bureau of Investigation 

(FBI), Justice. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Bureau of Investigation (FBI) finalizes 

its proposed regulation regarding the 

FBI Anti-Piracy Warning Seal (APW 

Seal). The final rule provides a general 

authorization allowing all copyright 

holders to use the APW Seal, subject to 

specific conditions of use. 

DATES: This rule is effective on August 

13, 2012. 

FOR FURTHER INFORMATION CONTACT: John 

C. Allender, FBI Office of the General 

Counsel, telephone number 202–324– 

8088. 

SUPPLEMENTARY INFORMATION: In this 

document, the FBI finalizes a regulation 

proposed on September 7, 2011 (76 FR 

55332), regarding the FBI APW Seal 

Program. In this regulation, the FBI 

extends access to the APW Seal to all 

United States copyright holders, subject 

to specific conditions of use. 

A. Discussion 

The FBI APW Seal is a modified 

image of the FBI’s Official Seal with the 

words ‘‘FBI Anti-Piracy Warning’’ 

superimposed on it. 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 association 

administered the process and recordkeeping. Largely as a result of this 

program, 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 establishes a regulation 

governing the use of the APW Seal. The 

image of the APW Seal will be made 

available on the FBI’s Web site, and it 

may be downloaded for use on eligible 

works as specified in the text of the 

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. Once this regulation is effective, 

the FBI will work with the participating 

associations to terminate the pilot 

program. 

B. Overview of Public Comments 

Received 

All public comments were considered 

in preparing this final rule. Of the fortyfive comments received, most expressed 

general agreement with the proposed 

rule. Twenty-four comments specifically 

noted the benefits of expanding the use 

of the APW Seal beyond the five 

associations participating in the pilot 

program. Many of these spoke favorably 

about eliminating the financial and 

administrative obstacles to use of the 

APW Seal under the pilot program. Four 

comments noted the benefits of speed 

and ease of access offered by the 

proposed on-line process for obtaining 

the APW Seal. 

The comments received from selfidentified copyright holders expressed 

strong support for the proposed rule. 

For example, two comments from 

organizations in the spectator sports and 

independent film industries highlighted 

the direct negative impact that copyright 

piracy has on each industry. These 

comments noted that the ‘‘perishable 

nature’’ of live sporting events and the 

need to justify income projections in 

order to secure financing for 

independent films leaves these 

industries vulnerable to the financial 

consequences of piracy. These 

comments support the FBI’s belief that 

increased availability of the APW Seal 

will assist copyright holders in 

educating users and protecting their 

works from piracy. 

Six comments expressed opposition 

to the proposed rule, noting various 

concerns either with the effectiveness of 

the APW Seal program in deterring 

piracy generally, or with the new 

direction outlined in the proposed rule. 

These included assertions that the APW 

Seal and accompanying warning do not 

effectively deter piracy of intellectual 

property and are a waste of FBI 

resources; that the lack of positive 

control over who downloads the APW 

Seal could lead to increased misuse of 

the APW Seal and undermine the 

effectiveness of the anti-piracy message 

and the FBI’s reputation; and that the 

APW Seal program and other United 

States Government efforts to combat 

copyright piracy are merely the product 

of pressure from the entertainment 

industry. 

The FBI responds to these comments 

with three points. First, the FBI believes 

that the APW Seal and accompanying 

warnings convey important messages to 

the public and are a significant 

component of its efforts to deter and to 

investigate federal crimes involving the 

piracy of intellectual property. Allowing 

use by copyright holders who are not 

members of industry associations will 

enhance those efforts. Second, although 

broader access may make unauthorized 

use more likely, this concern is 

overshadowed by the value of 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations 41317 

increasing public awareness of these 

prohibitions and the FBI’s role in 

investigating related criminal activity. 

Finally, although the FBI works closely 

with industry groups to combat piracy, 

it was the volume of requests to use the 

APW Seal from outside the 

entertainment industry associations 

participating in the pilot program, and 

the costs of negotiating agreements with 

individual copyright holders, that in 

large part spurred the revisions to the 

program reflected by this regulation. 

One comment asserted that the AntiCounterfeiting Trade Agreement (ACTA) 

is unconstitutional, while expressing 

support for the proposed rule. The 

assertion regarding ACTA is not 

relevant to the present rulemaking, 

which is being promulgated pursuant to 

the Department’s statutory and 

regulatory authority concerning use of 

the official insignia of the FBI and the 

United States Department of Justice. 

C. Comments on Specific Sections of the 

Proposed Rule 

Several comments sought clarification 

or suggested changes to the proposed 

rule. One comment suggested that the 

language in paragraph (e)(1) that the 

‘‘APW Seal may only be used on works 

subject to protection as intellectual 

property,’’ is a vague standard and may 

lead to confusion as to whether a work 

must be registered with the United 

States Copyright Office prior to the 

owner using the APW Seal. Two 

additional comments evidenced 

confusion as to whether the APW Seal 

is available for use on unregistered 

works, while another comment 

recommended that the APW Seal be 

limited to ‘‘officially copyrighted’’ 

works. The FBI assumes this comment 

referred to ‘‘registered’’ works. One 

additional comment suggested that the 

references to particular United States 

Code sections, such as are at paragraph 

(e)(1), are confusing and make it 

difficult to determine exactly who may 

use the APW Seal. 

The FBI intends that the APW Seal be 

available for use on works protected 

under federal criminal statutes 

prohibiting piracy of copyrighted 

material. Registration is not necessary 

for such protection, as provided in Title 

17, United States Code, Section 408(a). 

The FBI revised paragraph (e)(1) to 

clarify that the APW Seal is available for 

use only on copyrighted works, as 

opposed to other types of intellectual 

property. 

One comment suggested that the 

phrase ‘‘other applicable law’’ should be 

clarified in paragraph (d)(2). As 

indicated in paragraph (c), use of the 

APW Seal, except as authorized by this 

regulation, would likely violate Title 18, 

United States Code, Section 701, which 

provides criminal sanctions for 

unauthorized uses of approved agency 

insignia. Additionally, Title 18, United 

States Code, Section 709 prohibits 

certain unauthorized uses of the name 

and initials of the FBI that suggest FBI 

endorsement, approval, or 

authorization. This prohibition could 

well be implicated in an unauthorized 

use of the APW Seal. Because the FBI 

cannot predict all of the other possible 

circumstances of misuse and the 

statutes that they might implicate, the 

FBI believes the current wording of 

paragraph (d)(2) is appropriate. 

One comment expressed confusion as 

to the purpose of paragraph (e)(4), 

which encourages use of copy 

protection and anti-circumvention 

techniques. Paragraph (e)(3) requires 

users to obtain the Seal from the FBI’s 

public Web site so that the FBI has an 

opportunity to provide additional notice 

of the conditions of use, and other 

pertinent information, before the image 

is downloaded. Use of copy protection 

and anti-circumvention techniques is 

encouraged to help prevent 

unauthorized copying and use of the 

APW Seal by individuals who may not 

be aware of the limitations in this 

regulation. 

One comment indicated confusion as 

to the intent and effect of paragraph 

(f)(2)’s prohibition on use of the APW 

Seal on works that cannot lawfully be 

distributed by United States mail. The 

comment suggested that this paragraph 

would allow the APW Seal to be used 

on, for example, child pornography 

distributed through FedEx, UPS, or 

other non-United States Postal Service 

carriers. The language used in paragraph 

(f)(2) was intended to prohibit use of the 

APW Seal on types of works, such as 

child pornography, that cannot lawfully 

be distributed in or affecting interstate 

commerce under federal law. The 

prohibition does not depend on whether 

the work is actually distributed, or the 

actual means of distribution. To more 

closely track the language used in the 

federal statutes governing such works, 

such as Title 18, United Sates Code, 

Section 2252A, the FBI has revised 

paragraph (f)(2) to read: ‘‘whose 

production, sale, public presentation, or 

distribution by mail or in or affecting 

interstate commerce would violate the 

laws of the United States.’’ 

One comment suggested that 

paragraph (f)(4)(B) of the proposed rule 

is confusing, and offered alternative 

language. The comment stated that, as 

written, paragraph (f)(4)(B) ‘‘falsely 

suggests that a lawful user of the [APW] 

Seal is not entitled to protection of the 

law.’’ The FBI disagrees. This paragraph 

prohibits use of the APW Seal in a 

manner suggesting that the FBI has 

made a determination as to the work’s 

eligibility for copyright protection. The 

APW Seal does not indicate that the FBI 

has made such a determination 

regarding the work and to indicate 

otherwise would be misleading. The 

language is sufficiently clear. 

One comment recommended 

changing ‘‘may’’ to ‘‘shall’’ throughout 

the proposed rule for clarity. To reduce 

any ambiguity, the FBI has reviewed the 

regulatory language and changed ‘‘may’’ 

to ‘‘shall’’ and ‘‘may not’’ to ‘‘shall not’’ 

as appropriate. In addition, the FBI has 

rewritten paragraph (d)(1) as ‘‘* * * 

subject to the terms and conditions set 

forth in this section’’ (emphasis added) 

to clarify that use of the APW Seal is 

governed by the terms and conditions in 

the entire section, 41 CFR 128–1.5009, 

rather than only what is contained in 

paragraph (d). Additionally, the 

reference to the United States Code in 

paragraph (e)(1) was reformatted for 

consistency with paragraphs (c) and 

(d)(2). 

Two other comments questioned how 

the APW Seal would help detect 

violations of law, as stated in paragraph 

(a) of the proposed rule. The FBI 

believes that by increasing public 

awareness about criminal copyright 

violations and the FBI’s investigative 

role, the APW Seal may not only help 

deter potential violators, but may 

increase the likelihood that individuals 

with information related to such 

violations will report that information 

so it can be investigated. 

One comment recommended that the 

FBI keep the original authorized 

warning language used in the pilot 

program, which specified the applicable 

fines and potential prison sentences, in 

lieu of the authorized warning language 

in the proposed rule at paragraph 

(e)(2)(i). Although the FBI has not 

changed the authorized warning 

language from the proposed rule to the 

final rule, alternative authorized 

warning language specifying potential 

fines and prison sentences will be made 

available on the FBI’s Web site pursuant 

to paragraph (e)(2). This will allow the 

FBI to more easily update the 

authorized warning language if the 

specific penalties are changed in the 

applicable statutes. 

One comment expressed concern that 

statements in the Regulatory 

Certifications section of the proposed 

rule pertaining to the Unfunded 

Mandates Reform Act of 1995 (UMRA), 

the Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA), and Executive Order 12866, 


tkelley on DSK3SPTVN1PROD with RULES
41318 Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations 

section 3(f) asserting that the rule will 

have less than $100 million in economic 

impact were unsubstantiated by any 

data provided. In response, the FBI 

notes that, as was discussed in the 

notice of proposed rulemaking and 

above in this final rule, since December 

2003 the FBI has conducted an APW 

Seal pilot program with five 

entertainment and software industry 

associations. Nothing that has come to 

the FBI’s attention in the over eight 

years of the APW Seal pilot program 

suggests that this rule would have an 

economic impact of anywhere close to 

$100 million. Further, as also noted 

above, there will be no fee associated 

with using the APW Seal. 

The comment also expressed concern 

that by designating this rule as not being 

a ‘‘significant’’ regulatory action the 

Department made a determination on a 

budgetary or economic issue in a 

manner that precluded evaluation by 

the Office of Management and Budget 

(OMB) under that Executive Order. The 

FBI responds that, pursuant to 

Executive Order 12866 section 

6(a)(3)(A) and before publication it 

provided OMB with summaries both of 

the proposed and of the final rule on 

this subject. The summaries were 

reviewed by OMB and OMB concurred 

with the Department’s assertion that this 

rule is not a ‘‘significant’’ regulatory 

action. It is the Department’s experience 

that if OMB has any uncertainty 

regarding the correctness of an agency’s 

assertion that a rulemaking is ‘‘nonsignificant,’’ OMB will either request an 

informal full text copy of the rule or will 

designate the rule as ‘‘significant,’’ thus 

initiating a formal review pursuant to 

Executive Order 12866. The phrasing of 

the Executive Order 12866/Executive 

Order 13563 certification in this 

rulemaking that ‘‘accordingly this rule 

has not been reviewed by the Office of 

Management and Budget’’ indicates that 

OMB has not conducted a formal 

review. 

D. Comments Related to the FBI’s APW 

Seal Program Generally 

Thirteen comments expressed a 

general concern that greater accessibility 

will lead to, or at least facilitate, an 

increase in misuse of the APW Seal. 

These comments suggest that the 

proposed system of making the APW 

Seal available on the FBI’s Web site will 

be more difficult to police than the pilot 

program. Ten comments expressed 

varying degrees of concern as to the 

possibility that widespread use of the 

APW Seal may ‘‘dilute’’ the value of the 

image and the FBI’s message. While the 

FBI recognizes these potential effects of 

the new rule, they are outweighed by 

the expected benefits of increasing the 

presence of the anti-piracy message 

across the board to include copyrighted 

works that may have been ineligible 

under the pilot program. Additionally, 

the APW Seal will remain protected by 

criminal statutes, to include Title 18, 

United States Code, Sections 701 and 

709. 

Two comments noted that despite the 

text of the regulation, the public may 

perceive the APW Seal as the FBI’s 

endorsement of a particular work or 

product, and believe that the work is 

entitled to protection. Paragraph 

(f)(4)(ii) specifically provides that the 

APW Seal shall not be used in any 

manner ‘‘indicating that the FBI has 

determined that a particular work or 

portion thereof is entitled to protection 

of the law.’’ The FBI does not review 

specific works to determine whether 

they are entitled to copyright protection. 

To further clarify this point, the FBI 

plans to include information on its 

public Web site (http://www.fbi.gov) to 

assist in educating individual users of 

the APW Seal, and the public at large. 

Six comments recommended that the 

FBI establish a system to verify that 

users have a legitimate copyright 

interest in the work on which they seek 

to place the APW Seal. The FBI does not 

have the resources to establish such a 

system and does not consider such a 

system necessary to achieve the 

purposes of this regulation. 

Accordingly, the FBI declines to 

incorporate this recommendation into 

the final rule. 

Three comments suggested that FBI 

and Interpol anti-piracy warnings 

should be ‘‘skippable’’ prior to movies 

or other material. Nothing in this 

regulation requires users of the APW 

Seal to prevent viewers from skipping 

past these warnings, nor is the industry 

prohibited from continuing the practice. 

Two comments suggested that the FBI 

charge fees of some or all users of the 

APW Seal. Charging fees would deter 

use of the APW Seal. Another comment 

recommended making use of the APW 

Seal mandatory on copyright-protected 

works to assist in identification of 

counterfeits. The FBI does not have 

authority to mandate use of the APW 

Seal. 

Two comments also suggested that 

rather than allow individual copyright 

owners to use the APW Seal, the FBI 

should continue to work through 

industry associations. One of these two 

comments also suggested that the APW 

Seal should indicate that the user is part 

of an association that works closely with 

the FBI to stop piracy. The APW Seal is 

not intended to indicate that the FBI 

works more closely with one group than 

another. 

Two comments pointed out potential 

problems with applying the APW Seal 

to certain media, such as photographs or 

Web sites. One of these comments 

suggested that copyright owners who 

choose not to use the APW Seal will be 

disadvantaged compared to owners of 

works that more readily lend themselves 

to application of the APW Seal. Two 

comments suggested that widespread 

use of the APW Seal, as will be allowed 

under this regulation, may lead to a 

public belief that any work not bearing 

the APW Seal is not protected by 

copyright law. Use of the APW Seal in 

no way affects the protection that a 

work is entitled to under the law. The 

FBI believes that the value of the APW 

Seal outweighs the risk of possible 

confusion, but intends to clarify this 

matter on its public Web site. 

Five comments also expressed a 

concern that the broader accessibility of 

the APW Seal may have a ‘‘chilling 

effect’’ on fair use, as some copyright 

holders may attempt to use the APW 

Seal to discourage uses of their 

copyrighted work that would otherwise 

be permissible under the fair use 

doctrine. The FBI fully recognizes that 

fair use, which is authorized under Title 

17, United States Code, Section 107, 

does not constitute infringement, much 

less a federal crime. The warning 

language does not suggest otherwise. 

The FBI intends to address this matter 

on its public Web site. 

Four comments noted generally that 

the APW Seal is a ‘‘passive warning’’ 

and not a sufficiently effective means to 

deter intellectual property piracy. 

Another comment suggested the FBI’s 

warning should be modified to prevent 

‘‘ad burnout’’ by using a graphic to 

show the negative impact of the piracy 

problem. The APW Seal program is part 

of a much larger government-wide effort 

to combat intellectual property piracy. 

Due to the nature of the program and the 

crime itself, it is difficult to measure the 

effectiveness of the APW Seal program 

at preventing piracy. Based on feedback 

from the pilot program and the volume 

of requests to use the APW Seal, 

however, the FBI believes that 

continuing the APW Seal program as 

expanded in this regulation is a 

worthwhile effort. 

Four comments offered suggestions in 

regard to making, allowing, or 

preventing modifications to the 

appearance of the APW Seal related to 

size and color, banning other text on the 

same page or screen as the APW Seal, 

or a requirement for a border or other 

division to separate the image from any 

user-provided content. Two of these 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations 41319 

comments suggested the FBI adopt a 

requirement for a border or minimum 

space around the APW Seal in order to 

more clearly separate it from other 

information on the same page or screen. 

The FBI agrees that this requirement 

would assist in limiting confusion as to 

the FBI’s message. Accordingly, the FBI 

has modified paragraph (e)(2) to require 

a border any time the APW Seal is used 

on anything other than a blank screen or 

page, such as on media packaging. The 

FBI would not consider enlargement or 

reduction in size of the image 

downloaded to be a prohibited 

alteration of the image under this 

regulation. The FBI declines to adopt 

the recommendations on this topic 

related to other alterations as such 

flexibility could detract from the impact 

of the APW Seal in evoking the FBI’s 

involvement in enforcement of antipiracy laws. 

Two comments recommended that the 

FBI implement some form of clickthrough informational pages or a pop-up 

notifying the user attempting to 

download the APW Seal of the 

conditions of use, and the possible 

penalties for unauthorized use. Another 

comment recommended that the APW 

Seal be more accessible on the FBI’s 

Web site than the current APW Seal 

informational page, requiring fewer 

clicks to reach. The FBI will take these 

recommendations into account in 

designing the APW Seal program pages 

and download procedure. 

One comment suggested that the FBI 

disallow use of the ‘‘authorized warning 

language’’ alone, which may be found at 

paragraph (e)(2)(i) of the rule, now that 

the APW Seal itself is available to all 

copyright holders. The FBI recognizes 

that some copyright-protected works 

may not lend themselves well to 

application of the APW Seal, and so will 

continue to allow use of the warning 

language alone for those users who find 

it more suitable to their needs. 

One comment expressed an opinion 

that inclusion of the APW Seal on a 

copyrighted work should not establish 

per se the willful intent element of 

criminal copyright infringement 

(Reference Title 17, United States Code, 

Section 506(a)(1)). The evidentiary 

value of the use of the APW Seal or 

other warning in a particular case is not 

a matter to be determined via regulation 

by the FBI. 

Several comments made 

recommendations regarding the role of 

the APW Seal in the FBI’s overall law 

enforcement efforts relating to piracy of 

intellectual property. One comment 

suggested that the FBI should consider 

a comprehensive ‘‘brand marketing 

strategy’’ for the APW Seal, including 

guidance on how to use the APW Seal 

and how to report suspected piracy. 

Additionally, this comment suggested 

that the FBI work closely with industry 

associations and focus on enforcement. 

This comment, as well as one additional 

comment, suggested the FBI develop a 

system for reporting misuse of the APW 

Seal. Finally, one comment 

recommended that the FBI clarify that 

purchasing a counterfeit product is 

illegal and explain the ramifications of 

supporting the counterfeiting industry. 

As noted previously, the APW Seal 

program is one aspect of a larger antipiracy effort. The FBI, both 

independently and through its 

partnership with other federal agencies 

and the National Intellectual Property 

Rights Coordination Center (‘‘IPR 

Center’’), is currently working to 

increase public awareness of the issues 

related to copyright piracy and other 

intellectual property theft. The FBI 

works closely with industry associations 

to maximize the impact of enforcement 

efforts, and will continue to do so as 

long as it is beneficial to the FBI’s 

mission with regard to intellectual 

property crime. More information about 

these efforts, the negative impacts of 

piracy and of supporting the 

counterfeiting industry, and how to 

report suspected piracy or IP theft is 

available on the FBI and IPR Center Web 

sites (http://www.iprcenter.gov). 

Regulatory Certifications 

Regulatory Flexibility Act 

The Assistant Attorney General for 

Administration, in accordance with the 

Regulatory Flexibility Act (5 U.S.C. 

605(b)), has reviewed this final rule and, 

by approving it, certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities. Subject to the terms and 

conditions set forth, this rule allows 

copyright holders to use the APW Seal 

on copyrighted works to help detect and 

deter criminal violations of United 

States intellectual property laws by 

educating the public about the existence 

of these laws and the authority of the 

FBI to enforce them. 

Executive Orders 12866 and 13563— 

Regulatory Review 

This regulation has been drafted and 

reviewed in accordance with Executive 

Order 12866, ‘‘Regulatory Planning and 

Review’’ section 1(b), Principles of 

Regulation and in accordance with 

Executive Order 13563, ‘‘Improving 

Regulation and Regulatory Review’’ 

section 1(b), General Principles of 

Regulation. 

The Department of Justice has 

determined that this rule is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, section 3(f), 

Regulatory Planning and Review, and 

accordingly this rule has not been 

reviewed by OMB. 

Further, both Executive Orders 12866 

and 13563 direct agencies to assess all 

costs and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. The 

Department has assessed the costs and 

benefits of this regulation and believes 

that the regulatory approach selected 

maximizes net benefits. 

Executive Order 12988—Civil Justice 

Reform 

This final rule meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988. 

Executive Order 13132—Federalism 

This final rule will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this rule does not 

have sufficient federalism implications 

to warrant the preparation of a 

Federalism Assessment. 

Unfunded Mandates Reform Act of 1995 

This final rule will not result in the 

expenditure by State, local, and tribal 

governments (in the aggregate) or by the 

private sector of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This final rule is not a major rule as 

defined by section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. This final rule will 

not result in an annual effect on the 

United States economy of $100 million 

or more; a major increase in costs or 

prices; or significant adverse effects on 

competition, employment, investment, 


tkelley on DSK3SPTVN1PROD with RULES
41320 Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. Subject to the terms and 

conditions set forth, this rule merely 

allows copyright holders to use the 

APW Seal on copyrighted works to help 

detect and deter criminal violations of 

United States intellectual property laws 

by educating the public about the 

existence of these laws and the 

authority of the FBI to enforce them. 

List of Subjects in 41 CFR Part 128–1 

Government property, Seals and 

insignia, Copyright, Intellectual 

property. 

Accordingly, for the reasons set forth 

in the preamble, part 128–1 of chapter 

128 of Title 41 of the Code of Federal 

Regulations is amended as follows: 

PART 128–1—[AMENDED] 

■ 1. The authority citation for part 128– 

1 is revised to read as follows: 

Authority: 5 U.S.C. 301, 40 U.S.C. 121(c), 

41 CFR 101–1.108, and 28 CFR 0.75(j), unless 

otherwise noted. 

■ 2. Add § 128–1.5009 to read as 

follows: 

§ 128–1.5009 Authorization for Use of the 

Federal Bureau of Investigation Anti-Piracy 

Warning Seal. 

(a) Purpose. The Federal Bureau of 

Investigation (FBI) Anti-Piracy Warning 

Seal (‘‘APW Seal’’) is an official insignia 

of the FBI and the United States 

Department of Justice. The purpose of 

the APW Seal is to help detect and deter 

criminal violations of United States 

intellectual property laws by educating 

the public about the existence of these 

laws and the authority of the FBI to 

enforce them. 

(b) The APW Seal is a modified image 

of the Official FBI Seal with the words 

‘‘FBI ANTI-PIRACY WARNING’’ 

displayed horizontally across its center 

in an enclosed border, whether rendered 

in color, black and white, outline, or 

otherwise. 

(c) The APW Seal has been approved 

by the Attorney General as an official 

insignia of the FBI within the meaning 

of Title 18, United States Code, Section 

701, which provides criminal sanctions 

for unauthorized uses of such insignia. 

(d)(1) The regulations in this section 

authorize use of the APW Seal by 

copyright holders on copyrighted works 

including, but not limited to films, 

audio recordings, electronic media, 

software, books, photographs, etc., 

subject to the terms and conditions set 

forth in this section. 

(2) Use of the APW Seal or of the 

authorized warning language in a 

manner not authorized under this 

section may be punishable under Title 

18, United States Code, Sections 701, 

709, or other applicable law. 

(e) Conditions regarding use of the 

APW Seal. (1) The APW Seal shall only 

be used on copyrighted works subject to 

protection under United States Criminal 

Code provisions such as those in Title 

18, United States Code, Sections 2319, 

2319A, and 2319B. 

(2) The APW Seal shall only be used 

immediately adjacent to the authorized 

warning language. ‘‘Authorized warning 

language’’ refers to the language set 

forth in paragraph (e)(2)(i) of this 

section, or alternative language 

specifically authorized in writing for 

this purpose by the Director of the FBI 

or his or her designee and posted on the 

FBI’s official public Internet Web site 

(http://www.fbi.gov). Except as 

authorized pursuant to paragraph (f)(1), 

the APW Seal and authorized warning 

language shall be enclosed by a plain 

box border at all times that other text or 

images appear on the same screen or 

page. 

(i) ‘‘The unauthorized reproduction or 

distribution of a copyrighted work is 

illegal. Criminal copyright infringement, 

including infringement without 

monetary gain, is investigated by the 

FBI and is punishable by fines and 

federal imprisonment.’’ 

(ii) [Reserved] 

(3) The APW Seal image must be 

obtained from the FBI’s official public 

Internet Web site (http://www.fbi.gov). 

The APW Seal image shall not be 

animated or altered except that it may 

be rendered in outline, black and white, 

or grayscale. 

(4) In programming or reproducing 

the APW Seal in or on a work, users are 

encouraged to employ industryrecognized copyright anticircumvention or copy protection 

techniques to discourage copying of the 

FBI APW Seal, except that such 

techniques need not be used if no other 

content or advertising programmed into 

the same work on the same media 

utilizes such copyright anticircumvention or copy protection 

techniques. 

(f) Prohibitions regarding use of the 

APW Seal. (1) The APW Seal shall not 

be used in a manner indicating FBI 

approval, authorization, or endorsement 

of any communication other than the 

authorized warning language. No other 

text or image that appears on the same 

screen, page, package, etc., as the APW 

Seal or authorized warning language 

shall reference, contradict, or be 

displayed in a manner that appears to be 

associated with, the APW Seal or 

authorized warning language, except as 

authorized in writing by the Director of 

the FBI or his or her designee and 

posted on the FBI’s official public 

Internet Web site (http://www.fbi.gov). 

(2) The APW Seal shall not be used 

on any work whose production, sale, 

public presentation, or distribution by 

mail or in or affecting interstate 

commerce would violate the laws of the 

United States including, but not limited 

to, those protecting intellectual property 

and those prohibiting child 

pornography and obscenity. 

(3) The APW Seal shall not be 

forwarded or copied except as necessary 

to display it on an eligible work. 

(4) The APW Seal shall not be used 

in any manner: 

(i) Indicating that the FBI has 

approved, authorized, or endorsed any 

work, product, production, or private 

entity, including the work on which it 

appears; 

(ii) Indicating that the FBI has 

determined that a particular work or 

portion thereof is entitled to protection 

of the law; or, 

(iii) Indicating that any item or 

communication, except as provided 

herein, originated from, on behalf of, or 

in coordination with the FBI, whether 

for enforcement purposes, education, or 

otherwise. 

Dated: June 28, 2012. 

Lee J. Lofthus, 

Assistant Attorney General for 

Administration. 

[FR Doc. 2012–16506 Filed 7–12–12; 8:45 am] 

BILLING CODE 4410–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2012–0003; Internal 

Agency Docket No. FEMA–8237] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 


tkelley on DSK3SPTVN1PROD with RULES