Collapse to view only § 501.103 - Use by outside persons or organizations.

§ 501.100 - Description of official seal.

(a) The official seal of the Federal Maritime Commission is described as follows: A shield argent paly of six gules, a chief azure charged with a fouled anchor or; shield and anchor outlined of the third; on a wreath argent and gules, an eagle displayed proper; all on a gold disc within a blue border, encircled by a gold rope outlined in blue, and bearing in white letters the inscription “Federal Maritime Commission” in upper portion and “1961” in lower portion. The monochrome version of the official seal appears in figure 1 to this section.

Figure 1 to § 501.100

(b) The shield and eagle above it are associated with the United States of America and denote the national scope of maritime affairs. The outer rope and fouled anchor are symbolic of seamen and waterborne transportation. The date “1961” has historical significance, indicating the year in which the Commission was created.

(c) The seal shall be judicially recognized in accordance with section 201(c) of the Merchant Marine Act, 1936, as amended (46 U.S.C. 46101(d)).

§ 501.101 - Authority to affix seal.

(a) The seal of the Federal Maritime Commission shall be in the custody and control of the Secretary of the Commission.

(b) The Secretary has authority to affix replicas, reproductions, and embossing seals to appropriate documents, certifications, and other material for all purposes as authorized by this subpart, including for the purposes authorized by 28 U.S.C. 1733(b). The Secretary may delegate and authorize redelegations of this authority. The Office of the Secretary shall maintain official records of such delegations and redelegations (and cancellations thereof).

§ 501.102 - Use of replicas, reproductions, and embossing seals within the agency.

(a) Replicas and reproductions of the seal of the Federal Maritime Commission may be used only for:

(1) Display in or adjacent to:

(i) Commission facilities, in Commission auditoriums, presentation rooms, hearing rooms, lobbies, and public document rooms.

(ii) Non-Commission facilities in connection with events and displays sponsored by the Commission, or public appearances of a Commissioner or other senior officials designated by the Secretary.

(iii) Offices of Commissioners and senior Commission officials designated by the Secretary.

(2) Official distinguishing flags of the Federal Maritime Commission adopted by the Commission that incorporate the seal.

(3) Official awards, certificates, medals, and plaques.

(4) Motion picture film and other audiovisual media prepared by, or for the Commission with the agency's approval, and attributed thereto.

(5) Official prestige publications which represent the achievements or mission of the Commission.

(6) Stationary, programs, certificates, diplomas, business and calling cards, or signs and invitations of an official nature prepared by, or on behalf of the Commission with the agency's approval.

(7) Official Commission identification cards and security credentials.

(8) Official publications or graphics issued by and attributed to the Commission, or joint statements of the Commission with one or more Federal agencies, State or local governments, Tribal governments, or foreign governments.

(9) Official Commission exhibit displays.

(10) Protocol gifts handed out by a Commissioner or other senior Commission officials designated by the Secretary.

(11) On athletic clothing or equipment with permission of the Commission for official or informational purposes.

(12) Use of the seal within the agency for any purpose other than as prescribed in this section is prohibited, except that the Secretary of Commission may authorize, on a case-by-case basis, use for purposes other than those prescribed when the Secretary, in consultation with the General Counsel, deems such use to be appropriate.

(b) Embossing seals may be used only on:

(1) Commission legal documents, including interagency or intergovernmental agreements, agreements with States, foreign patent applications, and similar documents.

(2) For other such purposes as determined by the General Counsel of the Federal Maritime Commission.

§ 501.103 - Use by outside persons or organizations.

(a) Replicas and reproductions of the seal of the Federal Maritime Commission, physical or digital, by persons and organizations outside of the Commission may be made only with the Commission's prior written approval. Persons and organizations outside of the Commission are prohibited from using a Commission embossing seal.

(b) Requests by any person or organization outside of the Commission for permission to use the seal must be made in writing electronically to [email protected]. The request must specify in detail the exact use to be made. Any permission granted will apply only to the specific use for which it was granted and is not permission for any other use.

(c) The decision whether to grant such a request is made on a case-by-case basis, with consideration of all relevant factors, which may include: the benefit or cost to the Government of granting the request; the unintended appearance of endorsement or authentication by the Commission; the potential for misuse; the effect upon Commission security; the reputability of the use; the extent of the control by the Commission over the ultimate use; and the extent of control by the Commission over distribution of any products or publications bearing the seal.

(d) Use of the seal shall be for informational purposes. The seal may not be used on any article or in any manner which may discredit the seal or reflect unfavorably upon the Commission, or which implies Commission endorsement of commercial products or services, or of the users' policies or activities. All agreements must benefit the Commission; tie to a key communication or operational objective; and demonstrate the ability for significant impact. The Commission reserves the right to cancel such an agreement at any time. Specifically, permission may not be granted under this section for nonofficial use—

(1) On souvenir or novelty items of an expendable nature;

(2) On toys, gifts, or premiums;

(3) As a non-Commission letterhead design; or

(4) On menus, matchbook covers, calendars, or similar items.

(e) Use of the seal for any purpose other than as prescribed in this section is prohibited, except that the Secretary may authorize the use of the seal by outside individuals or organizations, on a case-by-case basis, for purposes other than those prescribed when the Secretary, in consultation with the General Counsel, deems such use to be appropriate.

§ 501.104 - Penalties.

(a) Falsely making, forging, counterfeiting, mutilating, or altering the seal of the Federal Maritime Commission, or knowingly using or possessing with fraudulent intent an altered seal is punishable under 18 U.S.C. 506.

(b) Any person using the seal in a manner inconsistent with the provisions of this subpart is subject to the provisions of 18 U.S.C. 1017, which states penalties for the wrongful use of an agency seal, and other provisions of law as applicable.

(c) Any person using the seal in a manner inconsistent with the provisions of this part is subject to the provisions of 18 U.S.C. 701, which states the penalties for the wrongful use of badges, identification cards, insignia, and other designs prescribed by an agency.