[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Rules and Regulations]
[Pages 20801-20802]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08190]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 18


Official Symbol, Logo and Seal

AGENCY: Office of the Secretary, HHS.

ACTION: Direct final rule.

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SUMMARY: The U.S. Department of Health and Human Services (HHS) is 
adopting requirements on the use of its official logo and seal. Use by 
any person or organization may be made only with prior written 
approval. Wrongful use of an official logo or seal is subject to 
administrative action and/or criminal penalty. HHS believes that this 
rule is non-controversial, and HHS anticipates no significant adverse 
comment. If HHS receives a significant adverse comment, it will 
withdraw the rule.

DATES: This rule is effective May 14, 2014 without further action, 
unless adverse comment is received by April 29, 2014. If adverse 
comment is received, HHS will publish a timely withdrawal of the rule 
in the Federal Register.

ADDRESSES: You may submit comments by Mail/Hand Delivery/Courier to: 
Gloria Barnes, Office of the Assistant Secretary for Public Affairs, 
200 Independence Avenue SW., Washington, DC 20201.

FOR FURTHER INFORMATION CONTACT: Gloria Barnes, Office of the Assistant 
Secretary for Public Affairs (gloria.barnes@hhs.gov)

SUPPLEMENTARY INFORMATION: HHS is adopting regulations (45 CFR Part 18) 
on the use of its official logo and seal. HHS has developed a logo and 
seal that signifies the authoritativeness of the item or document to 
which it is affixed as an official endorsement of HHS. The logo and 
seal is to be used for official HHS business or as approved under HHS' 
regulations.
    HHS believes there is good cause to bypass notice and comment and 
proceed to a direct final rule pursuant to 5 U.S.C. 553(b). The rule is 
non-controversial and merely describes HHS' official logo and seal. 
Because this rule only impacts HHS' procedure and practice, notice and 
comment is unnecessary. Although HHS believes this direct final rule 
will not elicit any significant adverse comments, if such comments are 
received, HHS will publish a timely notice of withdrawal in the Federal 
Register.

Executive Order No. 12866

    This rule does not meet the criteria for a significant regulatory 
action under Executive Order 12866. Thus, review by the Office of 
Management and Budget is not required.

Regulatory Flexibility Act

    This rule will not have a significant economic impact on a 
substantial number of small entities. Therefore, a regulatory 
flexibility analysis as provided by the Regulatory Flexibility Act, as 
amended, is not required.

List of Subjects in 45 CFR Part 18

    Seals and insignia.

    For the reasons set out in the preamble, HHS adds Part 18 to Title 
45, Subtitle A, subchapter A of the Code of Federal Regulations as 
follows:

Subtitle A--Department of Health and Human Services

Subchapter A--General Administration

PART 18--OFFICIAL SYMBOL, LOGO, AND SEAL

Sec.
18.1 Description of the Symbol, Logo, and Seal.
18.2 Authority to affix Symbol, Logo, and Seal.
18.3 Official, unofficial or misuse of HHS emblems.
18.4 Prohibitions against unofficial use or misuse of the Symbol, 
Logo, or Seal.
18.5 Compliance and enforcement.

    Authority: 42 U.S.C. 3505; 5 U.S.C. 301.


Sec.  18.1  Description of the Symbol, Logo, and Seal.

    (a) The Departmental Symbol (Symbol) of the Department of Health 
and Human Services (HHS) is the key element in Department 
identification. It represents the American People sheltered in the wing 
of the American Eagle, suggesting the Department's concern and 
responsibility for the welfare of the people. This Symbol is the visual 
link which connects the graphic communications of all components and 
programs of the Department. It is the major design component for the 
Department Identifiers--the Department Logo, Seal, and Signatures.
    (b) The Symbol is described as follows: The outline of an American 
Eagle, facing left, with one of its wings stretched upward and the 
other wing pointed downward, is flanked on its right side by two 
outlines of the profile of a human head, both of which are located in 
between the eagle's wings. One of the profile outlines is smaller than 
the other and is nestled in the larger outline.
[GRAPHIC] [TIFF OMITTED] TR14AP14.006

    (c) The HHS Departmental Logo (Logo) incorporates the Symbol and is 
described as follows: From the tip of the outstretched wing of the 
American Eagle in the Symbol to the tip of the other, downward-facing 
wing, the words, ``DEPARTMENT OF HEALTH & HUMAN SERVICES  USA'' 
form a circular arc.
[GRAPHIC] [TIFF OMITTED] TR14AP14.007

    (d) The HHS Departmental Seal (Seal) incorporates the Symbol and is 
described as follows: Starting from the tip of the downward-facing wing 
of the American Eagle in the HHS Symbol and forming a complete circle 
clockwise around the HHS Symbol, the words, ``DEPARTMENT OF HEALTH & 
HUMAN SERVICES  USA '' are

[[Page 20802]]

printed, surrounded by a border composed of a solid inner ring at the 
base of the text and a triangular, scalloped edge at the top of the 
text.
[GRAPHIC] [TIFF OMITTED] TR14AP14.008

    (e) The HHS Departmental Symbol, Logo, and Seal shall each be 
referred to as an HHS emblem and shall collectively be referred to as 
HHS emblems.


Sec.  18.2  Authority to affix Symbol, Logo or Seal.

    HHS emblems cannot be used for other than official HHS business 
without written authorization from the Secretary or the Secretary's 
designee. Authority to provide authorization is delegated to the 
Assistant Secretary for Public Affairs (ASPA) or its designee.


Sec.  18.3  Official, unofficial or misuse of HHS emblems.

    HHS emblems are for use by HHS employees conducting official HHS 
business. HHS emblems cannot be used non-Federal organizations on its 
materials without written authorization from HHS.

    Note to Sec.  18.3: Non-Federal organizations refers to private 
sector, non-profit, advocacy, and commercial organizations, 
including HHS contractors and grantees.

Sec.  18.4  Prohibitions against unofficial use or misuse of the 
Symbol, Logo, or Seal.

    Any person who uses an HHS emblem in a manner inconsistent with the 
provision of this part may be subject to penalties under 18 U.S.C. 506, 
18 U.S.C. 1017, or 42 U.S.C. 1320b-10.


Sec.  18.5  Compliance and enforcement.

    In order to ensure adherence to the authorized uses of an HHS 
emblem, as provided in this part, a report of each suspected violation 
of this part or of questionable usage of any HHS emblem shall be 
submitted to the Inspector General, HHS Headquarters.

    Dated: April 7, 2014.
Kathleen Sebelius,
Secretary.
[FR Doc. 2014-08190 Filed 4-11-14; 8:45 am]
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