80_FR_42228 80 FR 42092 - Manual for Courts-Martial; Amendments to Military Rule of Evidence 803(10)

80 FR 42092 - Manual for Courts-Martial; Amendments to Military Rule of Evidence 803(10)

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 80, Issue 136 (July 16, 2015)

Page Range42092-42093
FR Document2015-17429

On December 1, 2013, Federal Rule of Evidence 803(10) was amended to add a notification requirement prior to the offering of a certification proving the absence of a public record. In accordance with Military Rule of Evidence 1102(a), unless action to the contrary is taken by the President, amendments to the Federal Rules of Evidence amend parallel provisions of the Military Rules of Evidence by operation of law 18 months after the effective date of such amendments. Therefore, on June 1, 2015, since no action to the contrary was taken by the President, Military Rule of Evidence 803(10) was amended by operation of law.

Federal Register, Volume 80 Issue 136 (Thursday, July 16, 2015) 
[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Notices]
[Pages 42092-42093]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17429]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Manual for Courts-Martial; Amendments to Military Rule of 
Evidence 803(10)

AGENCY: Joint Service Committee on Military Justice (JSC), Department 
of Defense.

ACTION: Publication of Amendment to Military Rule of Evidence 803(10), 
Manual for Courts-Martial, United States (2012 ed.) (MCM).

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SUMMARY: On December 1, 2013, Federal Rule of Evidence 803(10) was 
amended to add a notification requirement prior to the offering of a 
certification proving the absence of a public record. In

[[Page 42093]]

accordance with Military Rule of Evidence 1102(a), unless action to the 
contrary is taken by the President, amendments to the Federal Rules of 
Evidence amend parallel provisions of the Military Rules of Evidence by 
operation of law 18 months after the effective date of such amendments. 
Therefore, on June 1, 2015, since no action to the contrary was taken 
by the President, Military Rule of Evidence 803(10) was amended by 
operation of law.

DATES: The amendment to Military Rule of Evidence 803(10) is effective 
as of June 1, 2015.

FOR FURTHER INFORMATION CONTACT: Capt. Harlye S. Carlton, USMC, (703) 
963-9299 or harlye.carlton@usmc.mil. The JSC Web site is located at: 
http://jsc.defense.gov.

SUPPLEMENTARY INFORMATION: 

Annex

    Military Rule of Evidence 803(10) was amended as follows:

Military Rule of Evidence 803(10)

    (10) Absence of a Public Record. Testimony--or a certification 
under Rule 902--that a diligent search failed to disclose a public 
record or statement if:
    (A) The testimony or certification is admitted to prove that
    (i) the record or statement does not exist; or
    (ii) a matter did not occur or exist, if a public office regularly 
kept a record or statement for a matter of that kind; and
    (B) in a criminal case, a prosecutor who intends to offer a 
certification provides written notice of that intent at least 14 days 
before trial, and the defendant does not object in writing within 7 
days of receiving the notice--unless the court sets a different time 
for the notice or the objection.

    Dated: July 13, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2015-17429 Filed 7-15-15; 8:45 am]
BILLING CODE 5001-06-P

42092 Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Notices (‘‘PRA’’), this notice announces that the Freedom of Information Act, a petition commodity options. Section 4g of the Information Collection Request (‘‘ICR’’) for confidential treatment of the exempt Act imposes reporting and abstracted below has been forwarded to information may be submitted according recordkeeping obligations on registered the Office of Management and Budget to the procedures set forth in § 145.9 of entities and registrants (including (‘‘OMB’’) for review and comment. The the Commission’s regulations. futures commission merchants, ICR describes the nature of the A copy of the supporting statements introducing brokers, floor brokers, or information collection and its expected for the collection of information floor traders), and requires each costs and burden. discussed above may be obtained by registrant to file such reports as the DATES: Comments must be submitted on visiting RegInfo.gov. All comments must Commission may require on proprietary or before August 17, 2015. be submitted in English, or if not, and customer positions executed on any ADDRESSES: Comments regarding the accompanied by an English translation. board of trade in the United States or burden estimated or any other aspect of Comments will be posted as received to elsewhere. Lastly, section 4i of the Act the information collection, including www.cftc.gov. requires the filing of such reports as the suggestions for reducing the burden, FOR FURTHER INFORMATION CONTACT: Commission may require when may be submitted directly to the Office Hannah Ropp, Surveillance Analyst, positions made or obtained on of Information and Regulatory Affairs Division of Market Oversight; phone: designated contract markets or (‘‘OIRA’’) in OMB, within 30 days of the (202) 418–5228; fax: (202) 418–5507; derivatives transaction execution notice’s publication, by email at email: hropp@cftc.gov; and refer to OMB facilities equal or exceed Commission- OIRAsubmissions@omb.eop.gov. Please Control No. 3038–0009. set levels. identify the comments by OMB Control SUPPLEMENTARY INFORMATION: This is a Burden Statement: The respondent No. 3038–0009. Please provide the request for an extension of a previously burden for this collection is estimated to Commission with a copy of all approved collection—Extension. be 0.26 hours per response, on average. submitted comments at the address Title: Large Trader Reports (OMB These estimates include the time to listed below. Please refer to OMB Control No. 3038–0009). This is a locate the information related to the Reference No. 3038–0009, found on request for extension of a currently exemptions and to file necessary http://reginfo.gov. Comments may also approved information collection. exemption paperwork. be mailed to the Office of Information Abstract: The reporting rules covered Respondents/Affected Entities: Large and Regulatory Affairs, Office of by OMB control number 3038–0009 Traders, Clearing Members, Contract Management and Budget, Attention: (‘‘the Collection’’) are structured to Markets, and other entities affected by Desk Officer for the Commodity Futures ensure that the Commission receives Commission regulations §§ 16.00 and Trading Commission, 725 17th Street adequate information to carry out its 17.00 as well as parts 19 and 21. NW., Washington, DC 20503, and to: market and financial surveillance Estimated number of respondents: Hannah Ropp, Surveillance Analyst, programs. The market surveillance 453. Division of Market Oversight, programs analyze market information to Estimated total annual burden on Commodity Futures Trading detect and prevent market disruptions respondents: 18,348 hours. Commission, 1155 21st Street NW., and enforce speculative position limits. Frequency of collection: Periodically. Washington, DC 20581. The financial surveillance programs There are no capital costs or operating Comments may be also be submitted, combine market information with and maintenance costs associated with regarding the burden estimated or any financial data to assess the financial this collection. other aspect of the information risks presented by large customer Authority: 44 U.S.C. 3501 et seq. collection, including suggestions for positions to Commission registrants and Dated: July 13, 2015. reducing the burden, by any of the clearing organizations. Robert N. Sidman, following methods: Previously, all reporting rules Deputy Secretary of the Commission. • The Agency’s Web site, via its contained in parts 15 through 19 and 21 of the Commission’s regulations were [FR Doc. 2015–17428 Filed 7–15–15; 8:45 am] Comments Online process: http:// comments.cftc.gov. Follow the covered by the Collection; however, a BILLING CODE 6351–01–P instructions for submitting comments recent rulemaking action relocated through the Web site. several recordkeeping and reporting • Mail: Christopher Kirkpatrick, burdens from this collection to a new DEPARTMENT OF DEFENSE Secretary, Commodity Futures Trading collection, OMB Control Number 3038– Commission, Three Lafayette Centre, 0103. Specifically, that rulemaking Office of the Secretary 1155 21st Street NW., Washington, DC appropriated the information collection Manual for Courts-Martial; 20581. burdens associated with Commission Amendments to Military Rule of • Hand Delivery/Courier: Same as regulations §§ 17.01, 18.04, and 18.05. Evidence 803(10) Mail, above. Accordingly, this renewal will update • Federal eRulemaking Portal: http:// the Collection’s current burden AGENCY: Joint Service Committee on www.regulations.gov/. Follow the estimates and officially remove the Military Justice (JSC), Department of instructions for submitting comments duplicative burdens from the Collection. Defense. through the Portal. The reporting rules are implemented ACTION: Publication of Amendment to All comments must be submitted in by the Commission partly pursuant to Military Rule of Evidence 803(10), English, or if not, accompanied by an the authority of sections 4a, 4c(b), 4g, Manual for Courts-Martial, United tkelley on DSK3SPTVN1PROD with NOTICES English translation. Comments will be and 4i of the Commodity Exchange Act States (2012 ed.) (MCM). posted as received to http:// (‘‘Act’’). Section 4a of the Act permits www.cftc.gov. You should submit only the Commission to set, approve SUMMARY: On December 1, 2013, Federal information that you wish to make exchange-set, and enforce speculative Rule of Evidence 803(10) was amended available publicly. If you wish the position limits. Section 4c(b) of the Act to add a notification requirement prior Commission to consider information gives the Commission plenary authority to the offering of a certification proving that is exempt from disclosure under the to regulate transactions that involve the absence of a public record. In VerDate Sep<11>2014 17:39 Jul 15, 2015 Jkt 235001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\16JYN1.SGM 16JYN1

Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Notices 42093 accordance with Military Rule of SUMMARY: In accordance with the (4) how might the Department enhance Evidence 1102(a), unless action to the Paperwork Reduction of 1995 (44 U.S.C. the quality, utility, and clarity of the contrary is taken by the President, Chapter 3507(j)), ED is requesting the information to be collected; and (5) how amendments to the Federal Rules of Office of Management and Budget might the Department minimize the Evidence amend parallel provisions of (OMB) to conduct an emergency review burden of this collection on the the Military Rules of Evidence by of a new information collection. respondents, including through the use operation of law 18 months after the DATES: Approval by the OMB has been of information technology. Please note effective date of such amendments. requested by July 20, 2015. A regular that written comments received in Therefore, on June 1, 2015, since no clearance process is also hereby being response to this notice will be action to the contrary was taken by the initiated. Interested persons are invited considered public records. President, Military Rule of Evidence to submit comments on or before Title of Collection: Guaranty Agencies 803(10) was amended by operation of September 14, 2015. Security Self-assessment and law. ADDRESSES: Comments submitted in Attestation. response to this notice should be OMB Control Number: 1845—NEW. DATES: The amendment to Military Rule Type of Review: A new information of Evidence 803(10) is effective as of submitted electronically through the collection. June 1, 2015. Federal eRulemaking Portal at http:// Respondents/Affected Public: Private FOR FURTHER INFORMATION CONTACT: www.regulations.gov by selecting Sector, State, Local and Tribal Capt. Harlye S. Carlton, USMC, (703) Docket ID number ED–2015–ICCD–0093 Governments. 963–9299 or harlye.carlton@usmc.mil. or via postal mail, commercial delivery, Total Estimated Number of Annual The JSC Web site is located at: http:// or hand delivery. If the regulations.gov Responses: 28. jsc.defense.gov. site is not available to the public for any Total Estimated Number of Annual reason, ED will temporarily accept Burden Hours: 8,848. SUPPLEMENTARY INFORMATION: comments at ICDocketMgr@ed.gov. Abstract: The E-Government Act (Pub. Annex Please note that comments submitted by L. 107–347) passed by the 107th fax or email and those submitted after Congress and signed into law by the Military Rule of Evidence 803(10) was the comment period will not be amended as follows: President in December 2002 recognized accepted; ED will ONLY accept the importance of information security Military Rule of Evidence 803(10) comments during the comment period to the economic and national security (10) Absence of a Public Record. in this mailbox when the regulations.gov interests of the United States. Title III of Testimony—or a certification under site is not available. Written requests for the E-Government Act, entitled the Rule 902—that a diligent search failed information or comments submitted by Federal Information Security to disclose a public record or statement postal mail or delivery should be Management Act (FISMA) requires each if: addressed to the Director of the federal agency to develop, document, (A) The testimony or certification is Information Collection Clearance and implement an agency-wide program admitted to prove that Division, U.S. Department of Education, to provide information security for the (i) the record or statement does not 400 Maryland Avenue SW., LBJ, information and information systems exist; or Mailstop L–OM–2–2E319, Room 2E103, that support the operations and assets of (ii) a matter did not occur or exist, if Washington, DC 20202. the agency, including those provided or a public office regularly kept a record or FOR FURTHER INFORMATION CONTACT: For managed by another agency, contractor, statement for a matter of that kind; and specific questions related to collection or other source. FISMA, along with the (B) in a criminal case, a prosecutor activities, please contact Beth Paperwork Reduction Act of 1995 and who intends to offer a certification Grebeldinger, 202–377–4018. the Information Technology provides written notice of that intent at SUPPLEMENTARY INFORMATION: The Management Reform Act of 1996 least 14 days before trial, and the Department of Education (ED), in (Clinger-Cohen Act), explicitly defendant does not object in writing accordance with the Paperwork emphasizes a risk-based policy for cost- within 7 days of receiving the notice— Reduction Act of 1995 (PRA) (44 U.S.C. effective security. unless the court sets a different time for 3506(c)(2)(A)), provides the general FSA is initiating a formal assessment the notice or the objection. public and Federal agencies with an program of the Guaranty Agencies that Dated: July 13, 2015. opportunity to comment on proposed, will ensure the continued Aaron Siegel, revised, and continuing collections of confidentiality and integrity of data Alternate OSD Federal Register Liaison information. This helps the Department entrusted to FSA by students and Officer, Department of Defense. assess the impact of its information families. The assessment will identify [FR Doc. 2015–17429 Filed 7–15–15; 8:45 am] collection requirements and minimize security deficiencies based on the the public’s reporting burden. It also Federal standards described in the BILLING CODE 5001–06–P helps the public understand the National Institute of Standards and Department’s information collection Technology (NIST) publications. The requirements and provide the requested comprehensive self-assessment links all DEPARTMENT OF EDUCATION data in the desired format. ED is questions with a NIST control. This [Docket No.: ED–2015–ICCD–0093] soliciting comments on the proposed collection of information impacts 28 information collection request (ICR) that independently owned Guaranty Agency Information Collection is described below. The Department of Agencies (GAs) dispersed throughout tkelley on DSK3SPTVN1PROD with NOTICES Activities; Comment Request; Education is especially interested in the U.S. Each agency is under signed Guaranty Agencies Security Self- public comment addressing the agreement with the Department of Assessment and Attestation following issues: (1) Is this collection Education to service Federal Family AGENCY: Federal Student Aid (FSA), necessary to the proper functions of the Education Loans that have been turned Department of Education (ED). Department; (2) will this information be over from the lending institutions to the processed and used in a timely manner; GAs for the purpose of student loan ACTION: Notice. (3) is the estimate of burden accurate; collections. VerDate Sep<11>2014 17:39 Jul 15, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\16JYN1.SGM 16JYN1


Document Created: 2015-12-15 13:13:01
Document Modified: 2015-12-15 13:13:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionPublication of Amendment to Military Rule of Evidence 803(10), Manual for Courts-Martial, United States (2012 ed.) (MCM).
DatesThe amendment to Military Rule of Evidence 803(10) is effective as of June 1, 2015.
ContactCapt. Harlye S. Carlton, USMC, (703) 963-9299 or [email protected] The JSC Web site is located at: http://jsc.defense.gov.
FR Citation80 FR 42092 
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