82_FR_1330 82 FR 1327 - Publication of the Manual for Courts-Martial, United States (2016 ed.) and Updated Supplementary Materials

82 FR 1327 - Publication of the Manual for Courts-Martial, United States (2016 ed.) and Updated Supplementary Materials

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 82, Issue 3 (January 5, 2017)

Page Range1327-1328
FR Document2016-32010

The JSC announces the publication of the MCM and updates to the Supplementary Materials accompanying the MCM.

Federal Register, Volume 82 Issue 3 (Thursday, January 5, 2017)
[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Notices]
[Pages 1327-1328]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-32010]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2016-OS-0122]


Publication of the Manual for Courts-Martial, United States (2016 
ed.) and Updated Supplementary Materials

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

ACTION: Publication of the Manual for Courts-Martial, United States 
(2016 ed.) (MCM) and updated Supplementary Materials.

-----------------------------------------------------------------------

SUMMARY: The JSC announces the publication of the MCM and updates to 
the Supplementary Materials accompanying the MCM.

DATES: The publication and dispersing of the published MCM is to occur 
immediately. An electronic version of the MCM is available online at 
the JSC Web site at http://jsc.defense.gov.

FOR FURTHER INFORMATION CONTACT: Major Harlye S.M. Carlton, USMC, (703) 
963-9299 or [email protected]. The JSC Web site is located at: 
http://jsc.defense.gov.

SUPPLEMENTARY INFORMATION: 
    The MCM includes updates as a result of Executive Order (EO) 13643 
(May 15, 2013); EO 13669 (June 13, 2014); EO 13696 (June 17, 2015); EO 
13730 (May 20, 2016); and EO 13740 (September 16, 2016). It also 
incorporates amendments to the Supplementary Materials

[[Page 1328]]

accompanying the MCM as published in the Federal Register on July 8, 
2015 (80 FR 39077-39089), July 16, 2015 (80 FR 42092-42093), March 22, 
2016 (81 FR 15278-15289), June 15, 2016 (81 FR 39035-39039), November 
8, 2016 (81 FR 78576-78589), and December 8, 2016 (81 FR 88671). 
Additionally, it includes Department of Defense Office of General 
Counsel-approved updates to the following Supplementary Materials:
    1. Preface--Lists source documents that amended the MCM and refers 
individuals to the JSC Web site for source documents.
    2. App. 2: Uniform Code of Military Justice--Incorporates 
amendments contained within the Fiscal Year 2014, 2015, and 2016 
National Defense Authorization Acts.
    3. App. 3: DoD Directive 5525.7--Updates reference to DoD 
Instruction 5525.07, ``Implementation of the Memorandum of 
Understanding (MOU) Between the Departments of Justice (DoJ) and 
Defense Relating to the Investigation and Prosecution of Certain 
Crimes,'' June 18, 2007.
    4. App. 4: Charge Sheet (DD Form 458)--Now a blank form.
    5. App. 5: Preliminary Hearing Officer's Report (DD Form 457)--
Includes updated DD form.
    6. App. 7: Subpoena (DD Form 453)--Now a blank form.
    7. App. 8: Guide for Special Courts-Martial and General Courts-
Martial--Minor and stylistic changes.
    8. App. 9: Guide for Summary Courts-Martial--Minor and stylistic 
changes.
    9. App. 10: Forms of Findings--Clarifies forms of findings.
    10. App. 11: Forms of Sentences--Removes confinement on bread and 
water or diminished rations as lawful punishment to conform with the 
Rules for Courts-Martial.
    11. App. 12: Maximum Punishment Chart--Reflects changes made by 
Supplementary Materials accompanying EO 13740 of September 16, 2016.
    12. App. 12A: Lesser Included Offenses Chart--New; reflects changes 
made by Supplementary Materials accompanying EO 13740 of September 16, 
2016.
    13. App. 13: Guide for Preparation for Record of Trial (Not 
Verbatim)--Accounts for qualifying victims receiving the record of 
trial and other minor and stylistic changes.
    14. App. 14: Guide for Preparation for Record of Trial (Verbatim)--
Accounts for qualifying victims receiving the record of trial and other 
minor and stylistic changes.
    15. App. 15: Record of Trial for Summary Courts-Martial--Now a 
blank form.
    16. App. 16: Forms for Action--Adds qualifications based on changes 
to Article 60 and R.C.M. 1107.
    17. App. 18: Report of Vacation Hearing (DD Form 455)--Removed due 
to changes to R.C.M. 1109.
    18. App. 19: Waiver/Withdrawal of Appellate Rights (Review by Court 
of Criminal Appeals) (DD Form 2330)--Includes updated DD Form.
    19. App. 20: Waiver/Withdrawal of Appellate Rights (Review by 
Office of Judge Advocate General) (DD Form 2331)--Includes updated DD 
Form.
    20. App. 21: Analysis of RCMs--Modifies introductory language and 
includes changes based on Supplementary Materials approved since MCM 
(2012 ed.).
    21. App. 22: Analysis of Mil. R. Evid.--Modifies introductory 
language and includes changes based on Supplementary Materials approved 
since MCM (2012 ed.).
    22. App. 23: Analysis of Punitive Articles--Modifies language based 
on Supplementary Materials approved since MCM (2012 ed.).
    23. App. 25: Historical Executive Orders--Modifies introductory 
language to reference JSC Web site and adds Executive Orders signed 
since MCM (2012 ed.).
    24. Table of Contents and Index--Makes conforming amendments based 
on changes to MCM.
    Any of the aforementioned changes that did not undergo public 
comment are administrative, technical, or conforming, and therefore 
public comment was unnecessary or contrary to the sound administration 
of justice.

    Dated: December 30, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2016-32010 Filed 1-4-17; 8:45 am]
 BILLING CODE 5001-06-P



                                                                                Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Notices                                                   1327

                                                    Dated: December 29, 2016.                             information. Any associated form(s) for                help with memory tasks for those
                                                  Aaron Siegel,                                           this collection may be located within                  identified with brain trauma, assistance
                                                  Alternate OSD Federal Register Liaison                  this same electronic docket and                        in coping with symptoms of post-
                                                  Officer, Department of Defense.                         downloaded for review/testing. Follow                  traumatic stress disorder (PTSD),
                                                  [FR Doc. 2016–31934 Filed 1–4–17; 8:45 am]              the instructions at http://                            transportation to doctors’ appointments,
                                                  BILLING CODE 5001–06–P                                  www.regulations.gov for submitting                     or arranging for services. Caregivers are
                                                                                                          comments. Please submit comments on                    not required to be domiciled with the
                                                                                                          any given form identified by docket                    patient receiving care to be eligible for
                                                  DEPARTMENT OF DEFENSE                                   number, form number, and title.                        this study. Care and assistance are
                                                                                                          FOR FURTHER INFORMATION CONTACT: To                    considered unpaid if they provide care
                                                  Department of the Army                                                                                         or assistance without the receipt (or
                                                                                                          request more information on this
                                                  [Docket ID: USA–2016–HQ–0039]                           proposed information collection or to                  expectation of) financial compensation.
                                                                                                          obtain a copy of the proposal and                      Compiling, analyzing, and
                                                  Proposed Collection; Comment                            associated collection instruments,                     understanding the responses of the
                                                  Request                                                 please write to the Army Public Health                 various perspectives of patient care is
                                                                                                          Center, Health Promotion and Wellness                  necessary to set a baseline of care and
                                                  AGENCY: Office of the Surgeon General,
                                                                                                          Directorate, Public Health Assessment                  identify core competencies, services,
                                                  United States Medical Command
                                                                                                          Program, 5158 Blackhawk Road,                          and support required for providers,
                                                  (MEDCOM), DoD.
                                                                                                          Building E–1570, ATTN: MCHB–IP–                        patients and family members providing,
                                                  ACTION: Notice.
                                                                                                          HPH, Aberdeen Proving Ground, MD                       accepting, or supporting injured Army
                                                  SUMMARY:    In compliance with the                      21010–5403, or email                                   members.
                                                  Paperwork Reduction Act of 1995, the                    usarmy.apg.medcom-phc.mbx.hpw-                           Dated: December 29, 2016.
                                                  Office of the Surgeon General, United                   webcontacts@mail.mil.                                  Aaron Siegel,
                                                  States Medical Command (MEDCOM)                         SUPPLEMENTARY INFORMATION:                             Alternate OSD Federal Register Liaison
                                                  announces a proposed public                                Title; Associated Form; and OMB                     Officer, Department of Defense.
                                                  information collection and seeks public                 Number: Heart of Recovery—Military                     [FR Doc. 2016–31929 Filed 1–4–17; 8:45 am]
                                                  comment on the provisions thereof.                      Caregiver Needs Assessment; OMB                        BILLING CODE 5001–06–P
                                                  Comments are invited on: Whether the                    Control Number 0702–XXXX.
                                                  proposed collection of information is                      Needs and Uses: The information
                                                  necessary for the proper performance of                 collection requirement is necessary to                 DEPARTMENT OF DEFENSE
                                                  the functions of the agency, including                  support the formation of the United
                                                  whether the information shall have                      States Army Office of the Surgeon                      Office of the Secretary
                                                  practical utility; the accuracy of the                  General Military Caregivers Program:                   [Docket ID: DOD–2016–OS–0122]
                                                  agency’s estimate of the burden of the                  Heart of Recovery.
                                                  proposed information collection; ways                      Affected Public: Individuals or                     Publication of the Manual for Courts-
                                                  to enhance the quality, utility, and                    Households.                                            Martial, United States (2016 ed.) and
                                                  clarity of the information to be                           Annual Burden Hours: 2,500.                         Updated Supplementary Materials
                                                  collected; and ways to minimize the                        Number of Respondents: 5,000.
                                                  burden of the information collection on                    Responses per Respondent: 1.                        AGENCY:  Joint Service Committee on
                                                  respondents, including through the use                     Annual Responses: 5,000.                            Military Justice (JSC), Department of
                                                  of automated collection techniques or                      Average Burden per Response: 30                     Defense.
                                                  other forms of information technology.                  minutes.                                               ACTION: Publication of the Manual for
                                                  DATES: Consideration will be given to all                  Frequency: On occasion.                             Courts-Martial, United States (2016 ed.)
                                                  comments received by March 6, 2017.                        This needs assessment seeks to                      (MCM) and updated Supplementary
                                                  ADDRESSES: You may submit comments,                     identify the type(s) of support provided               Materials.
                                                  identified by docket number and title,                  by caregivers; determine the level of
                                                                                                                                                                 SUMMARY:    The JSC announces the
                                                  by any of the following methods:                        burden experience by providing
                                                                                                                                                                 publication of the MCM and updates to
                                                    • Federal eRulemaking Portal: http://                 caregiver support; identify the health
                                                                                                                                                                 the Supplementary Materials
                                                  www.regulations.gov. Follow the                         status of the caregiver population;
                                                                                                                                                                 accompanying the MCM.
                                                  instructions for submitting comments.                   determine services needed to provide
                                                                                                                                                                 DATES: The publication and dispersing
                                                     • Mail: Department of Defense, Office                caregiver support; and assess the need
                                                  of the Deputy Chief Management                          for caregiver support training.                        of the published MCM is to occur
                                                  Officer, Directorate for Oversight and                  Respondents are military and/or civilian               immediately. An electronic version of
                                                  Compliance, Regulatory and Advisory                     caregivers who provide unpaid care and                 the MCM is available online at the JSC
                                                  Committee Division, 4800 Mark Center                    assistance for, or manage the care of,                 Web site at http://jsc.defense.gov.
                                                  Drive, Mailbox #24, Alexandria, VA                      someone who is an active-duty military                 FOR FURTHER INFORMATION CONTACT:
                                                  22350–1700.                                             member, Army National Guard, Army                      Major Harlye S.M. Carlton, USMC, (703)
                                                     Instructions: All submissions received               Reserve, or veteran that has been                      963–9299 or harlye.carlton@usmc.mil.
                                                  must include the agency name, docket                    diagnosed with a service connected                     The JSC Web site is located at: http://
                                                  number and title for this Federal                       illness, injury, or impairment for which               jsc.defense.gov.
                                                  Register document. The general policy                   they require outside support. Data will
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                                                                                                                                                                 SUPPLEMENTARY INFORMATION:
                                                  for comments and other submissions                      be collected initially through an                         The MCM includes updates as a result
                                                  from members of the public is to make                   electronic questionnaire, followed by                  of Executive Order (EO) 13643 (May 15,
                                                  these submissions available for public                  individual interviews conducted either                 2013); EO 13669 (June 13, 2014); EO
                                                  viewing on the Internet at http://                      in-person or telephonically. ‘‘Outside                 13696 (June 17, 2015); EO 13730 (May
                                                  www.regulations.gov as they are                         support’’ may include help with tasks                  20, 2016); and EO 13740 (September 16,
                                                  received without change, including any                  such as personal care, bathing, dressing,              2016). It also incorporates amendments
                                                  personal identifiers or contact                         feeding, giving medicines or treatments,               to the Supplementary Materials


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                                                  1328                          Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Notices

                                                  accompanying the MCM as published in                      16. App. 16: Forms for Action—Adds                   DATES: Interested persons are invited to
                                                  the Federal Register on July 8, 2015 (80                qualifications based on changes to                     submit comments on or before March 6,
                                                  FR 39077–39089), July 16, 2015 (80 FR                   Article 60 and R.C.M. 1107.                            2017.
                                                  42092–42093), March 22, 2016 (81 FR                       17. App. 18: Report of Vacation
                                                  15278–15289), June 15, 2016 (81 FR                      Hearing (DD Form 455)—Removed due                      ADDRESSES:   To access and review all the
                                                  39035–39039), November 8, 2016 (81 FR                   to changes to R.C.M. 1109.                             documents related to the information
                                                  78576–78589), and December 8, 2016                        18. App. 19: Waiver/Withdrawal of                    collection listed in this notice, please
                                                  (81 FR 88671). Additionally, it includes                Appellate Rights (Review by Court of                   use http://www.regulations.gov by
                                                  Department of Defense Office of General                 Criminal Appeals) (DD Form 2330)—                      searching the Docket ID number ED–
                                                  Counsel-approved updates to the                         Includes updated DD Form.                              2016–ICCD–0148. Comments submitted
                                                  following Supplementary Materials:                        19. App. 20: Waiver/Withdrawal of                    in response to this notice should be
                                                    1. Preface—Lists source documents                     Appellate Rights (Review by Office of                  submitted electronically through the
                                                  that amended the MCM and refers                         Judge Advocate General) (DD Form                       Federal eRulemaking Portal at http://
                                                  individuals to the JSC Web site for                     2331)—Includes updated DD Form.                        www.regulations.gov by selecting the
                                                  source documents.                                         20. App. 21: Analysis of RCMs—                       Docket ID number or via postal mail,
                                                    2. App. 2: Uniform Code of Military                   Modifies introductory language and                     commercial delivery, or hand delivery.
                                                  Justice—Incorporates amendments                         includes changes based on                              Please note that comments submitted by
                                                  contained within the Fiscal Year 2014,                  Supplementary Materials approved                       fax or email and those submitted after
                                                  2015, and 2016 National Defense                         since MCM (2012 ed.).                                  the comment period will not be
                                                  Authorization Acts.                                       21. App. 22: Analysis of Mil. R.                     accepted. Written requests for
                                                    3. App. 3: DoD Directive 5525.7—                      Evid.—Modifies introductory language                   information or comments submitted by
                                                  Updates reference to DoD Instruction                    and includes changes based on                          postal mail or delivery should be
                                                  5525.07, ‘‘Implementation of the                        Supplementary Materials approved                       addressed to the Director of the
                                                  Memorandum of Understanding (MOU)                       since MCM (2012 ed.).                                  Information Collection Clearance
                                                  Between the Departments of Justice                        22. App. 23: Analysis of Punitive                    Division, U.S. Department of Education,
                                                  (DoJ) and Defense Relating to the                       Articles—Modifies language based on                    400 Maryland Avenue SW., LBJ, Room
                                                  Investigation and Prosecution of Certain                Supplementary Materials approved                       226–62, Washington, DC 20202–4537.
                                                  Crimes,’’ June 18, 2007.                                since MCM (2012 ed.).                                  FOR FURTHER INFORMATION CONTACT:      For
                                                    4. App. 4: Charge Sheet (DD Form                        23. App. 25: Historical Executive
                                                  458)—Now a blank form.                                                                                         specific questions related to collection
                                                                                                          Orders—Modifies introductory language                  activities, please contact Sarah
                                                    5. App. 5: Preliminary Hearing                        to reference JSC Web site and adds
                                                  Officer’s Report (DD Form 457)—                                                                                Martinez, 202–260–1334.
                                                                                                          Executive Orders signed since MCM
                                                  Includes updated DD form.                               (2012 ed.).                                            SUPPLEMENTARY INFORMATION:       The
                                                    6. App. 7: Subpoena (DD Form 453)—                      24. Table of Contents and Index—                     Department of Education (ED), in
                                                  Now a blank form.                                       Makes conforming amendments based                      accordance with the Paperwork
                                                    7. App. 8: Guide for Special Courts-                  on changes to MCM.                                     Reduction Act of 1995 (PRA) (44 U.S.C.
                                                  Martial and General Courts-Martial—                       Any of the aforementioned changes                    3506(c)(2)(A)), provides the general
                                                  Minor and stylistic changes.                            that did not undergo public comment                    public and Federal agencies with an
                                                    8. App. 9: Guide for Summary Courts-                  are administrative, technical, or                      opportunity to comment on proposed,
                                                  Martial—Minor and stylistic changes.                    conforming, and therefore public                       revised, and continuing collections of
                                                    9. App. 10: Forms of Findings—                                                                               information. This helps the Department
                                                                                                          comment was unnecessary or contrary
                                                  Clarifies forms of findings.                                                                                   assess the impact of its information
                                                                                                          to the sound administration of justice.
                                                    10. App. 11: Forms of Sentences—
                                                                                                            Dated: December 30, 2016.                            collection requirements and minimize
                                                  Removes confinement on bread and
                                                                                                                                                                 the public’s reporting burden. It also
                                                  water or diminished rations as lawful                   Aaron Siegel,
                                                                                                                                                                 helps the public understand the
                                                  punishment to conform with the Rules                    Alternate OSD Federal Register Liaison
                                                                                                                                                                 Department’s information collection
                                                  for Courts-Martial.                                     Officer, Department of Defense.
                                                    11. App. 12: Maximum Punishment                                                                              requirements and provide the requested
                                                                                                          [FR Doc. 2016–32010 Filed 1–4–17; 8:45 am]
                                                  Chart—Reflects changes made by                                                                                 data in the desired format. ED is
                                                                                                          BILLING CODE 5001–06–P
                                                  Supplementary Materials accompanying                                                                           soliciting comments on the proposed
                                                  EO 13740 of September 16, 2016.                                                                                information collection request (ICR) that
                                                    12. App. 12A: Lesser Included                                                                                is described below. The Department of
                                                  Offenses Chart—New; reflects changes                    DEPARTMENT OF EDUCATION                                Education is especially interested in
                                                  made by Supplementary Materials                                                                                public comment addressing the
                                                                                                          [Docket No.: ED–2016–ICCD–0148]                        following issues: (1) Is this collection
                                                  accompanying EO 13740 of September
                                                  16, 2016.                                                                                                      necessary to the proper functions of the
                                                                                                          Agency Information Collection                          Department; (2) will this information be
                                                    13. App. 13: Guide for Preparation for                Activities; Comment Request; Migrant
                                                  Record of Trial (Not Verbatim)—                                                                                processed and used in a timely manner;
                                                                                                          Education Program Regulations and                      (3) is the estimate of burden accurate;
                                                  Accounts for qualifying victims                         Certificate of Eligibility
                                                  receiving the record of trial and other                                                                        (4) how might the Department enhance
                                                  minor and stylistic changes.                            AGENCY: Office of Elementary and                       the quality, utility, and clarity of the
                                                    14. App. 14: Guide for Preparation for                Secondary Education (OESE),                            information to be collected; and (5) how
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                                                  Record of Trial (Verbatim)—Accounts                     Department of Education (ED).                          might the Department minimize the
                                                  for qualifying victims receiving the                    ACTION: Notice.                                        burden of this collection on the
                                                  record of trial and other minor and                                                                            respondents, including through the use
                                                  stylistic changes.                                      SUMMARY:  In accordance with the                       of information technology. Please note
                                                    15. App. 15: Record of Trial for                      Paperwork Reduction Act of 1995, ED is                 that written comments received in
                                                  Summary Courts-Martial—Now a blank                      proposing a revision of an existing                    response to this notice will be
                                                  form.                                                   information collection.                                considered public records.


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Document Created: 2018-02-01 14:50:48
Document Modified: 2018-02-01 14:50:48
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 the Manual for Courts-Martial, United States (2016 ed.) (MCM) and updated Supplementary Materials.
DatesThe publication and dispersing of the published MCM is to occur immediately. An electronic version of the MCM is available online at the JSC Web site at http://jsc.defense.gov.
ContactMajor Harlye S.M. Carlton, USMC, (703) 963-9299 or [email protected] The JSC Web site is located at: http://jsc.defense.gov.
FR Citation82 FR 1327 

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