U.S. Court of Appeals for the Armed Forces Proposed Rule Changes, 54370-54372 [05-18177]

Download as PDF 54370 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Notices Dated: September 8, 2005. Stephen L. Leathery, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 05–18230 Filed 9–13–05; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 3510–22–S BILLING CODE 6351–01–M Jean A. Webb, Secretary of the Commission. [FR Doc. 05–18336 Filed 9–12–05; 11:52 am] TIME AND DATE: 11 a.m., Friday, October 7, 2005. PLACE: 1155 21st St., NW., Washington, DC, 9th Floor Commission Conference Room. STATUS: Closed. MATTERS TO BE CONSIDERED: Surveillance Matters. FOR FURTHER INFORMATION CONTACT: Jean A. Webb, (202) 418–5100. Jean A. Webb, Secretary of the Commission. [FR Doc. 05–18334 Filed 9–12–05; 11:52 am] 11 a.m., Friday, October 28, 2005. 1155 21st St., NW., Washington, DC., 9th Floor Commission Conference Room. Closed. MATTERS TO BE CONSIDERED: Surveillance Matters. FOR FURTHER INFORMATION CONTACT: Jean A. Webb, (202) 418–5100. Jean A. Webb, Secretary of the Commission. [FR Doc. 05–18337 Filed 9–12–05; 11:52 am] BILLING CODE 6351–01–M BILLING CODE 6351–01–M COMMODITY FUTURES TRADING COMMISSION DEPARTMENT OF DEFENSE Sunshine Act Meetings Office of the Secretary 11 a.m., Friday, October 14, 2005. PLACE: 1155 21st St., NW., Washington, DC, 9th Floor Commission Conference Room. STATUS: Closed. MATTERS TO BE CONSIDERED: Surveillance Matters. FOR FURTHER INFORMATION CONTACT: Jean A. Webb, (202) 418–5100. List of Institutions of Higher Education Ineligible for Federal Funds Jean A. Webb, Secretary of the Commission. [FR Doc. 05–18335 Filed 9–12–05; 11:52 am] BILLING CODE 6351–01–M COMMODITY FUTURES TRADING COMMISSION SUMMARY: This notice announces the following proposed changes to Rules 36, 39, 21(b)(6), 24(a), 28(a), 32, 34(b), and 10(a)(3) of the Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces for public notice and comment. New language is in bold print. DATES: Comments on the proposed changes must be received by October 14, 2005. FOR FURTHER INFORMATION CONTACT: William A. DeCicco, Clerk of Court, telephone (202) 761–1448 (ext. 600). Proposed Revision to Rule 36 AGENCY: ACTION: Department of Defense. Notice. SUMMARY: This document is published to identify institutions of higher education that are ineligible for contracts and grants by reason of a determination by the Secretary of Defense that the institution prohibits or in effect prevents military recruiter access to the campus, students on campus or student directory information. It also implements the requirements set forth in section 983 of title 10, United States Code, and 32 CFR Part 216. The institution of higher education so identified is: Sunshine Act Meetings New York Law School, New York, New York 11 a.m., Friday, October 21, 2005. PLACE: 1155 21st St., NW., Washington, DC, 9th Floor Commission Conference Room. STATUS: Closed. MATTERS TO BE CONSIDERED: Surveillance Matters. ADDRESSES: TIME AND DATE: 16:17 Sep 13, 2005 Notice of Proposed Changes to the Rules of Practice and Procedure of the United States Court of Appeals for the Armed Forces. Rule 36. Filing of Pleadings TIME AND DATE: VerDate Aug<18>2005 U.S. Court of Appeals for the Armed Forces Proposed Rule Changes ACTION: PLACE: STATUS: BILLING CODE 5001–06–M Office of the Secretary Sunshine Act Meetings Sunshine Act Meetings Dated: September 8, 2005. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 05–18178 Filed 9–13–05; 8:45 am] DEPARTMENT OF DEFENSE COMMODITY FUTURES TRADING COMMISSION COMMODITY FUTURES TRADING COMMISSION TIME AND DATE: Jean A. Webb, (202) 418–5100. Jkt 205001 Director for Accession Policy, Office of the Under Secretary of Defense for Personnel and Readiness, 4000 Defense Pentagon, Washington, DC 20301–4000. FOR FURTHER INFORMATION CONTACT: Commander Ronda Syring, (703) 695– 5529. PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 (a) In general. Pleadings or other papers relative to a case shall be filed in the Clerk’s office, 450 E Street, Northwest, Washington, DC 20442– 0001, either in person, by mail, or by third-party commercial carrier. See Rule 37(b)(2). (b) Filing in person. (no change). (c) Filing by mail or third-party commercial carrier. If a pleading or other paper is filed by mail, such filing shall consist of depositing the pleading or other paper with the United States Postal Service, with no less than firstclass postage prepaid, properly addressed to the Clerk’s office. If a pleading or other paper is filed through a third-party commercial carrier, such filing shall consist of delivery to the commercial carrier for delivery within 3 calendar days. (d) Time of filing. Pleadings or other papers shall be deemed to have been filed on the date they are delivered to the Clerk’s office under subsection (b) or on the date they are mailed or delivered to a commercial carrier under subsection (c). See Rules 37(b)(1) and 39(e). (e) Non-compliant pleadings. (no change). E:\FR\FM\14SEN1.SGM 14SEN1 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Notices Explanatory Note for Rule 36 (Filing of Pleadings): Rule 36 has been amended to allow for filing of pleadings and other papers by ‘‘third-party commercial carrier’’ (e.g., FedEx or UPS). For purpose of filing, if a commercial carrier is used it must be for delivery within 3 calendar days. This rule change was made to reflect the fact that third-party commercial carriers are well-established and this means of delivery of documents should be available to counsel. The rule is consistent with the Federal Rules of Appellate Procedure, Rule 25(B), relating to briefs. Those rules, however, would not deem other pleadings or papers filed until they are received by the Clerk of the Court. Proposed Revision to Rule 39 Rule 39. Service of Pleadings (a) In general. At or before the filing of any pleading or other paper relative to a case in the Clerk’s office, a copy thereof shall be served on all counsel of record, including amicus curiae counsel, in person, by mail, by thirdparty commercial carrier, or by electronic means if the party being served consents. See Rule 16(b). When a party is not represented by counsel, service shall be made on such party in person, by mail, or by third-party commercial carrier. When reasonable, considering such factors as the immediacy of the relief sought, distance, and cost, service must be at least as expeditious as the manner used to file the pleading or other paper with the Court. See Rule 36. (b) Personal service. (no change). (c) Service by mail. (no change). (d) Service by third-party commercial carrier. If service is made by a thirdparty commercial carrier, it shall be for delivery within 3 calendar days. (e) Time of service. Personal service is complete on delivery. Service by mail or third-party commercial carrier is complete on mailing or delivery to the carrier. Service by electronic means is complete upon transmission. (f) Certificate for review. (no change other than redesignation of subparagraph). (g) Form of certificate of filing and service. A certificate indicating the specific manner of filing under Rule 36 and the specific manner of service under this rule shall be included in any pleading or other paper substantially in the following form: Certificate of Filing and Service I certify that the original and seven copies of the foregoing were [delivered] (or) [mailed—specify class] (or) VerDate Aug<18>2005 16:17 Sep 13, 2005 Jkt 205001 [delivered to—specify the name of the third-party commercial carrier—for delivery-specify within how many days delivery will be effected] to the Court on llllllllll (date) and llll that a copy of the foregoing was [delivered] (or) [mailed—specify class] (or [delivered to—specify the name of the third-party commercial carrier-for delivery—specify within how many days delivery will be effected] (or) [transmitted by electronic means with the consent of the counsel being served—specify the electronic mail address or facsimile number used] to (enter specific name of each counsel of record or party, if not represented) on llllllllll (date). 54371 Briefs, Petitions for Extraordinary Relief, and Petitions for Reconsideration: Rule 24(a): Certificate of Filing and Service I certify that a copy of the foregoing was [delivered] (or) [mailed—specify class] (or) [delivered to-specify the name of the third-party commercial carrier— for delivery and specify within how many days delivery will be effected] to the Court and [delivered] (or) [mailedspecify class] (or) [delivered to—specify the name of the third—party commercial carrier—for delivery and specify within how many days delivery will be effected] (or) [transmitted by electronic means with the consent of the counsel being served] to llllllllllllllllll l lllllllllllllll (e-mail (Typed name and signature of certifying or facsimile no.) on person) llllllllll (date). Where more than one counsel or party llllllllllllllllll l (Address and telephone no. of certifying is being served, the certificate should specify how each party or counsel was person) served. Explanatory Note for Rule 39 (Service llllllllllllllllll l of Pleadings): (Typed name and signature of certifying Rule 39 has been amended to allow for service of pleadings and other papers person) by third-party commercial carrier. For llllllllllllllllll l (Address and telephone no. of certifying purpose of service, if a commercial person) carrier is used it must be for delivery within 3 calendar days. This rule Rule 28(a): change was made to reflect the fact that Certificate of Filing and Service third-party commercial carriers are wellestablished and this means of delivery I certify that a copy of the foregoing of documents should be available to was [delivered] (or) [mailed—specify counsel. A similar provision can be class] (or) [delivered to-specify the name found in the Federal Rules of Appellate of the third-party commercial carrier— Procedure, Rule 25(c)(1)(C). Under the for delivery and specify within how rule, generally, service should be as many days delivery will be effected] to expeditious as filing. the Court, [delivered] (or) [mailedRule 39 also allows for service of specify class] (or) [delivered to-specify documents by electronic means with the the name of the third-party commercial consent of the party being served, if the carrier—for delivery and specify within party is represented by counsel. Service how many days delivery will be by facsimile or by e-mail is faster and effected] (or) to the [trial or appellate more economical. It also gives the party military judge whose decision, being served the opportunity to start judgment, or order is the subject of the work on a reply (if any) and to share the petition], and [delivered] (or) [mailed— document with others (co-counsel, etc.) specify class] (or) [delivered to—specify promptly and efficiently. The rule only the name of the third-party commercial applies when both sides are represented carrier—for delivery and specify within by counsel. The Federal Rules of how many days delivery will be Appellate Procedure, Rule 25(c)(1)(C), effected] (or) [transmitted by electronic allows for electronic service with means with the consent of the counsel consent but the consent must be in being served—specify the electronic writing. mail address or facsimile number used] to lllllllllllllll (eOther Rules Requiring Change Due To mail or facsimile no.), the [respondent] the Above [appellee] on llllllllll Proposed Revision To Rule 21(b)(6): (date). (6) A certificate of filing and service llllllllllllllllll l in accordance with Rule 39(g). (Typed name and signature) Proposed Revision To Rules 24(a), llllllllllllllllll l 28(a), and 32: (Address and telephone no.) Rules 24(a), 28(a), and 32, pertaining Rule 32: to certificates of filing and service for PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\14SEN1.SGM 14SEN1 54372 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Notices Certificate of Filing and Service I certify that a copy of the foregoing was [delivered] (or) [mailed—specify class] (or) [delivered to—specify the name of the third-party commercial carrier—for delivery and specify within how many days delivery will be effected] to the Court and [delivered] (or) [mailed-specify class] (or) [delivered to—specify the name of the third-party commercial carrier—for delivery and specify within how many days delivery will be effected] (or) [transmitted by electronic means with the consent of counsel being served] to the [appellant] [appellee] [petitioned] [respondent] on llllllllll (date). change is to retain a record of the receipt by the Court of the document as well as the decision to not take any action or to docket the document on the regular docket kept by the Court. Dated: September 8, 2005. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 05–18177 Filed 9–13–05; 8:45 am] BILLING CODE 5001–06–M DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests llllllllllllllllll l AGENCY: Department of Education. (Typed name and signature) SUMMARY: The Leader, Information Management Case Services Team, llllllllllllllllll l Regulatory Information Management (Address and telephone no.) Services, Office of the Chief Information Rule 34(b): Officer, invites comments on the (b) Additional time when service not proposed information collection made in person. requests as required by the Paperwork Whenever a party has the right or is Reduction Act of 1995. required to do some act within a DATES: Interested persons are invited to prescribed period after the issuance of submit comments on or before an order or the filing of a notice, November 14, 2005. pleading, or other paper relative to a case when service thereof is made upon SUPPLEMENTARY INFORMATION: Section him by mail, 5 days will be added to the 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires prescribed period if the party upon that the Office of Management and whom the service is made is within the Budget (OMB) provide interested limits of the contiguous 48 States and Federal agencies and the public an early the District of Columbia, and 15 days opportunity to comment on information will be added if the party is located collection requests. OMB may amend or outside these limits, including the waive the requirement for public States of Alaska and Hawaii. If service consultation to the extent that public is made by delivery to commercial participation in the approval process third-party carrier or electronically, an would defeat the purpose of the additional 3 days will be added to the information collection, violate State or prescribed period, regardless of the Federal law, or substantially interfere location where service is made. This with any agency’s ability to perform its provision for additional time shall not statutory obligations. The Leader, apply, however, to the time limitations prescribed in Rule 19(a)(1) for the filing Information Management Case Services Team, Regulatory Information of a petition for grant of review. Management Services, Office of the Explanatory Note for Rules 21(b)(6), Chief Information Officer, publishes that 24(a), 28(a), 32, and 34(b): notice containing proposed information Rules 21(b)(6), 24(a), 28(a), 32, and collection requests prior to submission 34(b) pertaining to certificates of filing of these requests to OMB. Each and service have been amended to proposed information collection, reflect the changes in Rules 36 and 39. grouped by office, contains the Rule 10(a)(3): following: (1) Type of review requested, (3) a special docket to the matters e.g. new, revision, extension, existing or arising under Rule 15 concerning reinstatement; (2) Title; (3) Summary of complaints of unprofessional conduct the collection; (4) Description of the against a member of the Bar of this need for, and proposed use of, the Court, and petitions and other correspondence that are not docketed on information; (5) Respondents and another docket, and that are returned to frequency of collection; and (6) Reporting and/or Recordkeeping the sender. burden. OMB invites public comment. Explanatory Note for Rule 10(a)(3): This amendment establishes a new The Department of Education is special docket for documents that are especially interested in public comment returned to the sender without the Court addressing the following issues: (1) Is taking any action. The reason for this this collection necessary to the proper VerDate Aug<18>2005 16:17 Sep 13, 2005 Jkt 205001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Dated: September 7, 2005. Angela C. Arrington, Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer. Institute of Education Sciences Type of Review: Revision. Title: Impact Evaluation of Charter School Strategies—Student, Parent, Principal, and Authorizer Surveys. Frequency: Annually. Affected Public: Individuals or household; Not-for-profit institutions. Reporting and Recordkeeping Hour Burden: Responses: 3,150. Burden Hours: 825. Abstract: This OMB package requests clearance for a set of data collection activities to be used in the Impact Evaluation of Charter School Strategies that includes surveys of students, their parents, principals, and charter school authorizers. This submission represents the second in a two-stage clearance process. The first stage resulted in a January 2005 approval (OMB 1850– 0799) for the evaluation design, sampling and analysis plan, and for initial data collection activities necessary for random assignment (consent form, baseline form, and school records collection). The current submission requests approval for three modest enhancements to the design and for the specific instruments that were only briefly described in the earlier package. Requests for copies of the proposed information collection request may be accessed from https://edicsweb.ed.gov, by selecting the ‘‘Browse Pending Collections’’ link and by clicking on link number 2876. When you access the information collection, click on ‘‘Download Attachments’’ to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, DC 20202–4700. Requests may also be electronically mailed to the Internet address OCIO_RIMG@ed.gov or faxed to 202–245–6621. Please specify the complete title of the information collection when making your request. E:\FR\FM\14SEN1.SGM 14SEN1

Agencies

[Federal Register Volume 70, Number 177 (Wednesday, September 14, 2005)]
[Notices]
[Pages 54370-54372]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18177]


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DEPARTMENT OF DEFENSE

Office of the Secretary


U.S. Court of Appeals for the Armed Forces Proposed Rule Changes

ACTION: Notice of Proposed Changes to the Rules of Practice and 
Procedure of the United States Court of Appeals for the Armed Forces.

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SUMMARY: This notice announces the following proposed changes to Rules 
36, 39, 21(b)(6), 24(a), 28(a), 32, 34(b), and 10(a)(3) of the Rules of 
Practice and Procedure, United States Court of Appeals for the Armed 
Forces for public notice and comment. New language is in bold print.

DATES: Comments on the proposed changes must be received by October 14, 
2005.

FOR FURTHER INFORMATION CONTACT: William A. DeCicco, Clerk of Court, 
telephone (202) 761-1448 (ext. 600).

Proposed Revision to Rule 36

Rule 36. Filing of Pleadings

    (a) In general. Pleadings or other papers relative to a case shall 
be filed in the Clerk's office, 450 E Street, Northwest, Washington, DC 
20442-0001, either in person, by mail, or by third-party commercial 
carrier. See Rule 37(b)(2).
    (b) Filing in person. (no change).
    (c) Filing by mail or third-party commercial carrier. If a pleading 
or other paper is filed by mail, such filing shall consist of 
depositing the pleading or other paper with the United States Postal 
Service, with no less than first-class postage prepaid, properly 
addressed to the Clerk's office. If a pleading or other paper is filed 
through a third-party commercial carrier, such filing shall consist of 
delivery to the commercial carrier for delivery within 3 calendar days.
    (d) Time of filing. Pleadings or other papers shall be deemed to 
have been filed on the date they are delivered to the Clerk's office 
under subsection (b) or on the date they are mailed or delivered to a 
commercial carrier under subsection (c). See Rules 37(b)(1) and 39(e).
    (e) Non-compliant pleadings. (no change).

[[Page 54371]]

    Explanatory Note for Rule 36 (Filing of Pleadings):
    Rule 36 has been amended to allow for filing of pleadings and other 
papers by ``third-party commercial carrier'' (e.g., FedEx or UPS). For 
purpose of filing, if a commercial carrier is used it must be for 
delivery within 3 calendar days. This rule change was made to reflect 
the fact that third-party commercial carriers are well-established and 
this means of delivery of documents should be available to counsel. The 
rule is consistent with the Federal Rules of Appellate Procedure, Rule 
25(B), relating to briefs. Those rules, however, would not deem other 
pleadings or papers filed until they are received by the Clerk of the 
Court.

Proposed Revision to Rule 39

Rule 39. Service of Pleadings

    (a) In general. At or before the filing of any pleading or other 
paper relative to a case in the Clerk's office, a copy thereof shall be 
served on all counsel of record, including amicus curiae counsel, in 
person, by mail, by third-party commercial carrier, or by electronic 
means if the party being served consents. See Rule 16(b). When a party 
is not represented by counsel, service shall be made on such party in 
person, by mail, or by third-party commercial carrier. When reasonable, 
considering such factors as the immediacy of the relief sought, 
distance, and cost, service must be at least as expeditious as the 
manner used to file the pleading or other paper with the Court. See 
Rule 36.
    (b) Personal service. (no change).
    (c) Service by mail. (no change).
    (d) Service by third-party commercial carrier. If service is made 
by a third-party commercial carrier, it shall be for delivery within 3 
calendar days.
    (e) Time of service. Personal service is complete on delivery. 
Service by mail or third-party commercial carrier is complete on 
mailing or delivery to the carrier. Service by electronic means is 
complete upon transmission.
    (f) Certificate for review. (no change other than redesignation of 
subparagraph).
    (g) Form of certificate of filing and service. A certificate 
indicating the specific manner of filing under Rule 36 and the specific 
manner of service under this rule shall be included in any pleading or 
other paper substantially in the following form:
Certificate of Filing and Service
    I certify that the original and seven copies of the foregoing were 
[delivered] (or) [mailed--specify class] (or) [delivered to--specify 
the name of the third-party commercial carrier--for delivery-specify 
within how many days delivery will be effected] to the Court on ------
-------------- (date) and -------- that a copy of the foregoing was 
[delivered] (or) [mailed--specify class] (or [delivered to--specify the 
name of the third-party commercial carrier-for delivery--specify within 
how many days delivery will be effected] (or) [transmitted by 
electronic means with the consent of the counsel being served--specify 
the electronic mail address or facsimile number used] to (enter 
specific name of each counsel of record or party, if not represented) 
on -------------------- (date).

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(Typed name and signature of certifying person)

-----------------------------------------------------------------------
(Address and telephone no. of certifying person)

    Explanatory Note for Rule 39 (Service of Pleadings):
    Rule 39 has been amended to allow for service of pleadings and 
other papers by third-party commercial carrier. For purpose of service, 
if a commercial carrier is used it must be for delivery within 3 
calendar days. This rule change was made to reflect the fact that 
third-party commercial carriers are well-established and this means of 
delivery of documents should be available to counsel. A similar 
provision can be found in the Federal Rules of Appellate Procedure, 
Rule 25(c)(1)(C). Under the rule, generally, service should be as 
expeditious as filing.
    Rule 39 also allows for service of documents by electronic means 
with the consent of the party being served, if the party is represented 
by counsel. Service by facsimile or by e-mail is faster and more 
economical. It also gives the party being served the opportunity to 
start work on a reply (if any) and to share the document with others 
(co-counsel, etc.) promptly and efficiently. The rule only applies when 
both sides are represented by counsel. The Federal Rules of Appellate 
Procedure, Rule 25(c)(1)(C), allows for electronic service with consent 
but the consent must be in writing.

Other Rules Requiring Change Due To the Above

    Proposed Revision To Rule 21(b)(6):
    (6) A certificate of filing and service in accordance with Rule 
39(g).
    Proposed Revision To Rules 24(a), 28(a), and 32:
    Rules 24(a), 28(a), and 32, pertaining to certificates of filing 
and service for Briefs, Petitions for Extraordinary Relief, and 
Petitions for Reconsideration:
    Rule 24(a):
Certificate of Filing and Service
    I certify that a copy of the foregoing was [delivered] (or) 
[mailed--specify class] (or) [delivered to-specify the name of the 
third-party commercial carrier--for delivery and specify within how 
many days delivery will be effected] to the Court and [delivered] (or) 
[mailed-specify class] (or) [delivered to--specify the name of the 
third--party commercial carrier--for delivery and specify within how 
many days delivery will be effected] (or) [transmitted by electronic 
means with the consent of the counsel being served] to ----------------
-------------- (e-mail or facsimile no.) on -------------------- 
(date).

    Where more than one counsel or party is being served, the 
certificate should specify how each party or counsel was served.

-----------------------------------------------------------------------
(Typed name and signature of certifying person)

-----------------------------------------------------------------------
(Address and telephone no. of certifying person)

    Rule 28(a):
Certificate of Filing and Service
    I certify that a copy of the foregoing was [delivered] (or) 
[mailed--specify class] (or) [delivered to-specify the name of the 
third-party commercial carrier--for delivery and specify within how 
many days delivery will be effected] to the Court, [delivered] (or) 
[mailed-specify class] (or) [delivered to-specify the name of the 
third-party commercial carrier--for delivery and specify within how 
many days delivery will be effected] (or) to the [trial or appellate 
military judge whose decision, judgment, or order is the subject of the 
petition], and [delivered] (or) [mailed--specify class] (or) [delivered 
to--specify the name of the third-party commercial carrier--for 
delivery and specify within how many days delivery will be effected] 
(or) [transmitted by electronic means with the consent of the counsel 
being served--specify the electronic mail address or facsimile number 
used] to ------------------------------ (e-mail or facsimile no.), the 
[respondent] [appellee] on -------------------- (date).

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(Typed name and signature)

-----------------------------------------------------------------------
(Address and telephone no.)

    Rule 32:

[[Page 54372]]

Certificate of Filing and Service
    I certify that a copy of the foregoing was [delivered] (or) 
[mailed--specify class] (or) [delivered to--specify the name of the 
third-party commercial carrier--for delivery and specify within how 
many days delivery will be effected] to the Court and [delivered] (or) 
[mailed-specify class] (or) [delivered to--specify the name of the 
third-party commercial carrier--for delivery and specify within how 
many days delivery will be effected] (or) [transmitted by electronic 
means with the consent of counsel being served] to the [appellant] 
[appellee] [petitioned] [respondent] on -------------------- (date).

-----------------------------------------------------------------------
(Typed name and signature)

-----------------------------------------------------------------------
(Address and telephone no.)
    Rule 34(b):
    (b) Additional time when service not made in person.
    Whenever a party has the right or is required to do some act within 
a prescribed period after the issuance of an order or the filing of a 
notice, pleading, or other paper relative to a case when service 
thereof is made upon him by mail, 5 days will be added to the 
prescribed period if the party upon whom the service is made is within 
the limits of the contiguous 48 States and the District of Columbia, 
and 15 days will be added if the party is located outside these limits, 
including the States of Alaska and Hawaii. If service is made by 
delivery to commercial third-party carrier or electronically, an 
additional 3 days will be added to the prescribed period, regardless of 
the location where service is made. This provision for additional time 
shall not apply, however, to the time limitations prescribed in Rule 
19(a)(1) for the filing of a petition for grant of review.
    Explanatory Note for Rules 21(b)(6), 24(a), 28(a), 32, and 34(b):
    Rules 21(b)(6), 24(a), 28(a), 32, and 34(b) pertaining to 
certificates of filing and service have been amended to reflect the 
changes in Rules 36 and 39.
    Rule 10(a)(3):
    (3) a special docket to the matters arising under Rule 15 
concerning complaints of unprofessional conduct against a member of the 
Bar of this Court, and petitions and other correspondence that are not 
docketed on another docket, and that are returned to the sender.
    Explanatory Note for Rule 10(a)(3):
    This amendment establishes a new special docket for documents that 
are returned to the sender without the Court taking any action. The 
reason for this change is to retain a record of the receipt by the 
Court of the document as well as the decision to not take any action or 
to docket the document on the regular docket kept by the Court.

    Dated: September 8, 2005.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 05-18177 Filed 9-13-05; 8:45 am]
BILLING CODE 5001-06-M

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