[Federal Register Volume 66, Number 2 (Wednesday, January 3, 2001)]
[Proposed Rules]
[Pages 314-315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-137]


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RAILROAD RETIREMENT BOARD

20 CFR Part 369

RIN 3220-AB49


Use of the Seal of the Railroad Retirement Board

AGENCY: Railroad Retirement Board.

ACTION: Proposed rule.

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SUMMARY: The Railroad Retirement Board (Board) proposes to amend its 
regulations to add a part explaining when use of the Board's seal is 
permitted. Federal law prohibits the use of an agency seal except as 
authorized by regulation. The Board currently has no such regulation.

DATE: Comments should be submitted on or before March 5, 2001.

ADDRESSES: Any comments should be submitted to the Secretary to the 
Board, Railroad Retirement Board, 844 North Rush Street, Chicago, IL 
60611.

FOR FURTHER INFORMATION CONTACT: Marguerite P. Dabado, Assistant 
General Counsel, Railroad Retirement Board, (312) 751-4945, TDD (312) 
751-4701.

SUPPLEMENTARY INFORMATION: The Railroad Retirement Board is an 
independent agency in the executive branch of the United States 
Government which is charged with the administration of the Railroad 
Retirement Act (45 U.S.C. 231 et seq.) and the Railroad Unemployment 
Insurance Act (45 U.S.C. 351 et seq.). Use of agency seals is governed 
by 18 U.S.C. 701 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 regulations of the 
Railroad Retirement Board do not include provisions for the 
authorization of use of the Agency's seal. The Board proposes to add 
Part 369 to its regulations to explain when use of the Board's seal is 
permitted.
    In order to comply with the President's June 1, 1998, memorandum 
directing the use of plain language for all proposed and final 
rulemaking, the regulatory paragraphs introduced by the above rule 
changes have been written in plain language.
    This rule concerns agency management and is not a regulation as 
defined in Executive Order 12866. Therefore, no regulatory impact 
analysis is required. There are no information collections associated 
with this rule.

List of Subjects in 20 CFR Part 369

    Railroad retirement, Seals and insignia.

    For the reasons set out in the preamble, the Railroad Retirement 
Board proposes to add part 369 to title 20, chapter II of the Code of 
the Federal Regulations to read as follows:

PART 369--USE OF THE SEAL OF THE RAILROAD RETIREMENT BOARD

Sec.
369.1   Unofficial use of the seal of the Railroad Retirement Board.
369.2  Authority to grant written permission for use of the seal.
369.3  Procedures for obtaining permission to use the seal.
369.4  Inappropriate use of the seal.
369.5  Penalty for misuse of the seal.


    Authority: 18 U.S.C. 701; 45 U.S.C. 231f.


Sec. 369.1  Unofficial use of the seal of the Railroad Retirement 
Board.

    Use of the seal of the Railroad Retirement Board for non-agency 
business is prohibited unless permission for use of the seal has been 
obtained in accordance with this part.


Sec. 369.2  Authority to grant written permission for use of the seal.

    The Board hereby delegates authority to grant written permission 
for the use of the seal of the Railroad Retirement Board to the 
Director of Administration.


Sec. 369.3  Procedures for obtaining permission to use the seal.

    Requests for written permission to use the seal of the Railroad 
Retirement Board shall be in writing and shall be directed to the 
Director of Administration of the Railroad Retirement Board. The 
request should, at a minimum, contain the following information:
    (a) Name and address of the requester.
    (b) A description of the type of activity in which the requester is 
engaged or proposes to engage.
    (c) A statement of whether the requester considers the proposed use 
or imitation to be commercial or non-commercial, and why.
    (d) A brief description and illustration or sample of the proposed 
use, as well as a description of the product or service in connection 
with which it will be used. This description will provide sufficient 
detail to enable the Director of Administration to determine whether 
the intended use of the seal is consistent with the interests of the 
government.
    (e) In the case of a non-commercial use, a description of the 
requesting organization's function and purpose shall be provided.

[[Page 315]]

Sec. 369.4  Inappropriate Use of the Seal.

    The Railroad Retirement Board shall not grant permission for use of 
the seal in those instances where use of the seal will give the 
unintended appearance of Agency endorsement or authentication. 
Situations where use of the seal of the Railroad Retirement Board would 
be inappropriate include, but are not limited to, the following 
examples:
    (a) A consulting firm makes arrangements with a railroad to conduct 
a retirement planning seminar for its employees. Included in the 
material distributed to the seminar attendees is a booklet, prepared by 
the consulting firm, which displays the seal of the Railroad Retirement 
Board on the cover and contains information regarding benefits payable 
under the Railroad Retirement Act.
    (b) A former employee of the Railroad Retirement Board owns a 
coffee and donut shop, frequented by present and past railroad workers. 
Many of the shop's customers know of the owner's prior employment with 
the Board and frequently ask him questions related to benefits payable 
under the Railroad Unemployment Insurance and Railroad Retirement Acts. 
The shop owner prepares and distributes to his customers a monthly 
flyer listing benefit questions presented to him during the month, as 
well as his answers to the questions. The flyer displays the seal of 
the Board.
    (c) A retired railroad employee works part-time in a train hobby 
shop. The shop owner, at the former railroad worker's suggestion, 
develops and sells items such as coffee mugs and computer mouse pads 
with text relevant to benefits paid by the Railroad Retirement Board. 
The text is taken from publications issued by the Railroad Retirement 
Board. The merchandise also bears the seal of the Railroad Retirement 
Board.


Sec. 396.5  Penalty for misuse of the seal of the Railroad Retirement 
Board.

    Unauthorized use of the seal of the Railroad Retirement Board may 
result in criminal prosecution under applicable law.

    Dated: December 14, 2000.

    By Authority of the Board.

    For the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 01-137 Filed 1-2-01; 8:45 am]
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