82 FR 20595 - U.S. Court of Appeals for the Armed Forces Proposed Rules Changes
DEPARTMENT OF DEFENSE
Office of the Secretary Federal Register Volume 82, Issue 84 (May 3, 2017)
Office of the Secretary
Federal Register Volume 82, Issue 84 (May 3, 2017)
| Page Range | 20595-20596 | |
| FR Document | 2017-08893 |
[Federal Register Volume 82, Number 84 (Wednesday, May 3, 2017)] [Notices] [Pages 20595-20596] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-08893] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DOD-2017-OS-0017] U.S. Court of Appeals for the Armed Forces Proposed Rules Changes ACTION: Notice of availability of Proposed Changes to the Rules of Practice and Procedure of the United States Court of Appeals for the Armed Forces. ----------------------------------------------------------------------- SUMMARY: This notice announces the following proposed changes to Rules 3A(a) and 21(a) of the Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces. Although these rules of practice and procedure fall within the Administrative Procedure Act's exemptions for notice and comment, the Department, as a matter of policy, has decided to make these changes available for public review and comment before they are implemented. DATES: Comments on the proposed changes must be received by June 2, 2017. ADDRESSES: You may submit comments, identified by docket number and/or Regulatory Information Number (RIN) and title by any of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Mail: Department of Defense, Office of the Deputy Chief Management Officer, Directorate for Oversight and Compliance, 4800 Mark Center Drive, Mailbox #24, Suite 08D09B, Alexandria, VA 22350-1700. Instructions: All submissions received must include the agency name and docket number for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: William A. DeCicco, Clerk of the Court, telephone (202) 761-1448. Dated: April 27, 2017. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. Rule 3A(a): Rule 3A(a)--SENIOR JUDGES--currently reads: With the Senior Judge's consent, and at the request of the Chief Judge, a Senior Judge may perform judicial duties with the Court if an active Judge of the Court is disabled or has recused himself or if there is a vacancy in an active judgeship on the Court. For the periods of time when performing judicial duties with the Court, a Senior Judge shall receive the same pay, per diem, and travel allowances as an active Judge; and the receipt of pay shall be in lieu of receipt of retired pay or annuity with respect to these same periods. The periods of performance of judicial duties by a Senior Judge shall be certified by the Chief Judge and recorded by the Clerk of the Court. The Clerk of the Court shall notify the appropriate official to make timely payments of pay and allowances with [[Page 20596]] respect to periods of time when a Senior Judge is performing judicial duties with the Court and shall notify the Department of Defense Military Retirement Fund to make appropriate adjustments in the Senior Judge's retired pay or annuity. See Article 142(e)(2), Uniform Code of Military Justice (UCMJ), 10 U.S.C. Sec. 942(e)(2). The proposed change to Rule 3A(a) would read: With the Senior Judge's consent, and at the request of the Chief Judge, a Senior Judge may perform judicial duties with the Court if an active Judge of the Court is disabled or has recused himself or if there is a vacancy in an active judgeship on the Court. For the periods of time when performing judicial duties with the Court, a Senior Judge shall receive the same pay, per diem, and travel allowances as an active Judge. The periods of performance of judicial duties shall be certified by the Chief Judge and reported to the Court Executive who shall take appropriate steps so that the Senior Judge is paid in accordance with Article 142(e)(2), UCMJ. Comment: The Fiscal Year 2017 National Defense Authorization Act (NDAA) amended Article 142(e)(2), UCMJ, involving the pay of a senior judge who performs judicial duties with the Court. Before the amendment was passed, retired judges had their annuities suspended while performing judicial duties and were paid as active service judges. The NDAA's amendment provides that instead of stopping the senior judge's annuity, the senior judge would continue to receive the annuity in full and also receive additional pay equal to the difference between the daily equivalent of the annual rate of pay provided for a judge of the Court and the daily equivalent of the retired pay of the senior judge under Article 145, UCMJ. Accordingly, Rule 3A(a) needs to be amended to comply with current law. Rule 21(a): Rule 21(a)--Supplement to Petition for Grant of Review--currently reads: Review on petition for grant of review requires a showing of good cause. Good cause must be shown by the appellant in the supplement to the petition, which shall state with particularity the error(s) claimed to be materially prejudicial to the substantial rights of the appellant. See Article 59(a), UCMJ, 10 U.S.C. Sec. 859(a). The proposed change to Rule 21(a) would read: Review on petition for grant of review requires a showing of good cause. Good cause should be shown by the appellant in the supplement to the petition, which shall state with particularity the error(s) claimed to be materially prejudicial to the substantial rights of the appellant. See Article 59(a), UCMJ, 10 U.S.C. Sec. 859(a). Comment: The language in the current rule that ``good cause must be shown'' by the appellant in the supplement has led to some litigation as to whether there is a jurisdictional requirement to raise issues, and that supplements that do not include any specific errors should be dismissed for want of jurisdiction. The Court has rejected this view when it has been raised. Amending the rule to reflect that ``good cause should be shown'' is the proper way to read the rule in light of Rule 21(e) which provides that when no specific errors are included in the supplement to the petition, the Court will nevertheless review the petition. Reading Rule 21(a) as mandatory would be inconsistent with Rule 21(e) and render the latter provision meaningless. The amended rule is consistent with prevailing judicial decisions and removes any confusion as to how to reconcile the subsections (a) and (e). [FR Doc. 2017-08893 Filed 5-2-17; 8:45 am] BILLING CODE 5001-06-P
![Federal Register / Vol. 82, No. 84 / Wednesday, May 3, 2017 / Notices 20595
Pentagon Transit Center bus terminal or statements received after this date fall within the Administrative
with sufficient time to complete security may not be provided to the panel until Procedure Act’s exemptions for notice
screening no later than 8:30 a.m. on May its next meeting. Please note that and comment, the Department, as a
10–11. To complete security screening, because the panel operates under the matter of policy, has decided to make
please come prepared to present two provisions of the Federal Advisory these changes available for public
forms of identification of which one Committee Act, as amended, all written review and comment before they are
must be a pictured identification card. comments will be treated as public implemented.
Government and military DoD CAC documents and will be made available DATES:Comments on the proposed
holders are not required to have an for public inspection. changes must be received by June 2,
escort, but are still required to pass Verbal Comments: Members of the
2017.
through the Visitor’s Center to gain public will be permitted to make verbal
access to the Building. Seating is limited comments during the meeting only at ADDRESSES: You may submit comments,
and is on a first-to-arrive basis. the time and in the manner allowed identified by docket number and/or
Attendees will be asked to provide their herein. If a member of the public is Regulatory Information Number (RIN)
name, title, affiliation, and contact interested in making a verbal comment and title by any of the following
information to include email address at the open meeting, that individual methods:
and daytime telephone number to the must submit a request, with a brief • Federal eRulemaking Portal: http://
DFO listed in the FOR FURTHER statement of the subject matter to be www.regulations.gov.
INFORMATION CONTACT section. Any addressed by the comment, at least three • Mail: Department of Defense, Office
interested person may attend the (3) business days in advance to the of the Deputy Chief Management
meeting, file written comments or committee DFO, via electronic mail, the Officer, Directorate for Oversight and
statements with the committee, or make preferred mode of submission, at the Compliance, 4800 Mark Center Drive,
verbal comments from the floor during email address listed in the FOR FURTHER Mailbox #24, Suite 08D09B, Alexandria,
the public meeting, at the times, and in INFORMATION CONTACT section. The VA 22350–1700.
the manner, permitted by the committee DFO will log each request to Instructions: All submissions received
committee. make a comment, in the order received, must include the agency name and
Special Accommodations: The and determine whether the subject docket number for this Federal Register
meeting venue is fully handicap matter of each comment is relevant to document. The general policy for
accessible, with wheelchair access. the panel’s mission and/or the topics to comments and other submissions from
Individuals requiring special be addressed in this public meeting. A members of the public is to make these
accommodations to access the public 30-minute period near the end of the submissions available for public
meeting or seeking additional meeting will be available for verbal viewing on the Internet at http://
information about public access public comments. Members of the www.regulations.gov as they are
procedures, should contact LTC Lunoff, public who have requested to make a received without change, including
the committee DFO, at the email address verbal comment and whose comments personal identifiers or contact
or telephone number listed in the FOR have been deemed relevant under the information.
FURTHER INFORMATION CONTACT section, process described in this paragraph, will FOR FURTHER INFORMATION CONTACT:
at least five (5) business days prior to be allotted no more than five (5) William A. DeCicco, Clerk of the Court,
the meeting so that appropriate minutes during this period, and will be telephone (202) 761–1448.
arrangements can be made. invited to speak in the order in which
Written Comments or Statements: their requests were received by the DFO. Dated: April 27, 2017.
Pursuant to 41 CFR 102–3.105(j) and Dated: April 28, 2017.
Aaron Siegel,
102–3.140 and section 10(a)(3) of the Alternate OSD Federal Register Liaison
Aaron Siegel,
Federal Advisory Committee Act, the Officer, Department of Defense.
public or interested organizations may Alternate OSD Federal Register Liaison
Officer, Department of Defense. Rule 3A(a):
submit written comments or statements
[FR Doc. 2017–08949 Filed 5–2–17; 8:45 am] Rule 3A(a)—SENIOR JUDGES—
to the Government-Industry Advisory
Panel about its mission and/or the BILLING CODE 5001–06–P currently reads:
topics to be addressed in this public With the Senior Judge’s consent, and
meeting. Written comments or at the request of the Chief Judge, a
statements should be submitted to LTC DEPARTMENT OF DEFENSE Senior Judge may perform judicial
Lunoff, the committee DFO, via Office of the Secretary duties with the Court if an active Judge
electronic mail, the preferred mode of of the Court is disabled or has recused
submission, at the email address listed [Docket ID: DOD–2017–OS–0017] himself or if there is a vacancy in an
in the FOR FURTHER INFORMATION active judgeship on the Court. For the
CONTACT section in the following
U.S. Court of Appeals for the Armed periods of time when performing
formats: Adobe Acrobat or Microsoft Forces Proposed Rules Changes judicial duties with the Court, a Senior
Word. The comment or statement must ACTION: Notice of availability of Judge shall receive the same pay, per
include the author’s name, title, Proposed Changes to the Rules of diem, and travel allowances as an active
affiliation, address, and daytime Practice and Procedure of the United Judge; and the receipt of pay shall be in
telephone number. Written comments or States Court of Appeals for the Armed lieu of receipt of retired pay or annuity
statements being submitted in response Forces. with respect to these same periods. The
nlaroche on DSK30NT082PROD with NOTICES
to the agenda set forth in this notice periods of performance of judicial
must be received by the committee DFO SUMMARY: This notice announces the duties by a Senior Judge shall be
at least five (5) business days prior to following proposed changes to Rules certified by the Chief Judge and
the meeting so that they may be made 3A(a) and 21(a) of the Rules of Practice recorded by the Clerk of the Court. The
available to the Government-Industry and Procedure, United States Court of Clerk of the Court shall notify the
Advisory Panel for its consideration Appeals for the Armed Forces. Although appropriate official to make timely
prior to the meeting. Written comments these rules of practice and procedure payments of pay and allowances with
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![20596 Federal Register / Vol. 82, No. 84 / Wednesday, May 3, 2017 / Notices
respect to periods of time when a Senior in the supplement to the petition, which for members of the public to comment
Judge is performing judicial duties with shall state with particularity the error(s) on the agenda item. The Board will
the Court and shall notify the claimed to be materially prejudicial to invite public comment during the
Department of Defense Military the substantial rights of the appellant. public comment period of the agenda on
Retirement Fund to make appropriate See Article 59(a), UCMJ, 10 U.S.C. the Defense Nuclear Facilities Safety
adjustments in the Senior Judge’s retired § 859(a). Board staff’s effort to develop a potential
pay or annuity. See Article 142(e)(2), Comment: The language in the current scorecard regarding safety oversight of
Uniform Code of Military Justice rule that ‘‘good cause must be shown’’ Defense Nuclear Facilities. The
(UCMJ), 10 U.S.C. § 942(e)(2). by the appellant in the supplement has amended agenda is available on the
The proposed change to Rule 3A(a) led to some litigation as to whether Board’s public Web site at https://
would read: there is a jurisdictional requirement to www.dnfsb.gov/public-hearings-
With the Senior Judge’s consent, and raise issues, and that supplements that meetings/may-11-2017-public-business-
at the request of the Chief Judge, a do not include any specific errors meeting.
Senior Judge may perform judicial should be dismissed for want of Persons interested in speaking during
duties with the Court if an active Judge jurisdiction. The Court has rejected this the public comment period are
of the Court is disabled or has recused view when it has been raised. encouraged to pre-register by submitting
himself or if there is a vacancy in an Amending the rule to reflect that ‘‘good a request to the Board by telephone to
active judgeship on the Court. For the cause should be shown’’ is the proper the Office of the General Counsel at
periods of time when performing way to read the rule in light of Rule (202) 694–7062 prior to close of
judicial duties with the Court, a Senior 21(e) which provides that when no business on May 10, 2017. The Board
Judge shall receive the same pay, per specific errors are included in the requests that commenters limit the
diem, and travel allowances as an active supplement to the petition, the Court nature and scope of their oral comments
Judge. The periods of performance of will nevertheless review the petition. to the subject of the agenda. Those who
judicial duties shall be certified by the Reading Rule 21(a) as mandatory would pre-register will be scheduled to speak
Chief Judge and reported to the Court be inconsistent with Rule 21(e) and first. Individual oral comments may be
Executive who shall take appropriate render the latter provision meaningless. limited by the time available, depending
steps so that the Senior Judge is paid in The amended rule is consistent with on the number of persons who register.
accordance with Article 142(e)(2), prevailing judicial decisions and At the beginning of the meeting, the
UCMJ. removes any confusion as to how to Board will post a list of speakers at the
Comment: The Fiscal Year 2017 reconcile the subsections (a) and (e). entrance to the meeting room. Anyone
National Defense Authorization Act who wishes to comment or provide
[FR Doc. 2017–08893 Filed 5–2–17; 8:45 am]
(NDAA) amended Article 142(e)(2), technical information or data may do so
BILLING CODE 5001–06–P
UCMJ, involving the pay of a senior in writing, either in lieu of, or in
judge who performs judicial duties with addition to, making an oral
the Court. Before the amendment was presentation. The Board Members may
passed, retired judges had their DEFENSE NUCLEAR FACILITIES
question presenters to the extent
annuities suspended while performing SAFETY BOARD
deemed appropriate.
judicial duties and were paid as active
service judges. The NDAA’s amendment Sunshine Act Notice Dated: May 1, 2017.
provides that instead of stopping the Joseph Bruce Hamilton,
AGENCY: Defense Nuclear Facilities
senior judge’s annuity, the senior judge Safety Board. Vice Chairman.
would continue to receive the annuity ACTION: Notice of public business
[FR Doc. 2017–08996 Filed 5–1–17; 4:15 pm]
in full and also receive additional pay meeting. BILLING CODE 3670–01–P
equal to the difference between the
daily equivalent of the annual rate of SUMMARY: The Defense Nuclear
pay provided for a judge of the Court Facilities Safety Board (Board) DELAWARE RIVER BASIN
and the daily equivalent of the retired published a notice in the Federal COMMISSION
pay of the senior judge under Article Register of April 24, 2017 concerning a
145, UCMJ. Accordingly, Rule 3A(a) public business meeting on May 11, Notice of Public Hearing and Business
needs to be amended to comply with 2017, at the Board’s headquarters Meeting May 17 and June 14, 2017
current law. located at 625 Indiana Avenue NW., Notice is hereby given that the
Rule 21(a): Washington, DC 20004–2901. The Board Delaware River Basin Commission will
supplements that notice by providing hold a public hearing on Wednesday,
Rule 21(a)—Supplement to Petition specific information for how the public
for Grant of Review—currently reads: May 17, 2017. A business meeting will
may participate in the meeting. be held the following month, on
Review on petition for grant of review
requires a showing of good cause. Good FOR FURTHER INFORMATION CONTACT: Wednesday, June 14, 2017. The hearing
cause must be shown by the appellant Glenn Sklar, General Manager, Defense and business meeting are open to the
in the supplement to the petition, which Nuclear Facilities Safety Board, 625 public and will be held at the
shall state with particularity the error(s) Indiana Avenue NW., Suite 700, Washington Crossing Historic Park
claimed to be materially prejudicial to Washington, DC 20004–2901, (800) 788– Visitor Center, 1112 River Road,
the substantial rights of the appellant. 4016. This is a toll-free number. Washington Crossing, Pennsylvania.
nlaroche on DSK30NT082PROD with NOTICES
See Article 59(a), UCMJ, 10 U.S.C. SUPPLEMENTARY INFORMATION: In the Public Hearing. The public hearing on
§ 859(a). Federal Register of April 24, 2017, in 82 May 17, 2017 will begin at 1:30 p.m.
The proposed change to Rule 21(a) FR 18902, the Board announced its Hearing items will include draft dockets
would read: intention to hold a public meeting at its for withdrawals, discharges, and other
Review on petition for grant of review headquarters on May 11, 2017. The water-related projects subject to the
requires a showing of good cause. Good Board has amended the public meeting Commission’s review, and two FY–2018
cause should be shown by the appellant agenda to provide a specific opportunity budget resolutions: (1) A resolution to
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Document Created: 2018-11-08 08:36:20
Document Modified: 2018-11-08 08:36:20
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of availability of Proposed Changes to the Rules of Practice and Procedure of the United States Court of Appeals for the Armed Forces. | |
| Dates | Comments on the proposed changes must be received by June 2, 2017. | |
| Contact | William A. DeCicco, Clerk of the Court, telephone (202) 761-1448. | |
| FR Citation | 82 FR 20595 |
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