Renewal of Department of Defense Federal Advisory Committees, 79455-79456 [E8-30795]
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Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / Notices
Military property is a term of art, and
should not be confused with
government property. The terms are not
interchangeable. While all military
property is government property, all
government property is not military
property. An item of government
property is not military property unless
the item in question meets the
definition provided above. It is
immaterial whether the property sold,
disposed, destroyed, lost, or damaged
had been issued to the accused, to
someone else, or even issued at all. If it
is proved by either direct or
circumstantial evidence that items of
individual issue were issued to the
accused, it may be inferred, depending
on all the evidence, that the damage,
destruction, or loss proved was due to
the neglect of the accused. Retail
merchandise of service exchange stores
is not military property under this
article.’’
(b) Paragraph 44, Article 119–
Manslaughter, paragraph b.(2)(d) is
amended to read as follows:
‘‘(d) That this act or omission of the
accused constituted culpable
negligence, or occurred while the
accused was perpetrating or attempting
to perpetrate an offense directly
affecting the person other than burglary,
sodomy, rape, rape of a child,
aggravated sexual assault, aggravated
sexual assault of a child, aggravated
sexual contact, aggravated sexual abuse
of a child, aggravated sexual contact
with a child, robbery, or aggravated
arson.’’
(c) Paragraph 46, Article 121–Larceny
and wrongful appropriation, the Note
following paragraph b.(1)(d) is amended
to read as follows:
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Note: ‘‘If the property is alleged to be
military property, as defined in paragraph
46.c.(1)(h), add the following element’’
(d) Paragraph 46, Article 121–Larceny
and wrongful appropriation, is amended
by re-lettering paragraph 46.c.(1)(h) as
paragraph 46.c.(1)(i), and adding a new
paragraph 46.c.(1)(h) as follows:
‘‘(h) Military Property. Military
property is all property, real or personal,
owned, held, or used by one of the
armed forces of the United States.
Military property is a term of art, and
should not be confused with
government property. The terms are not
interchangeable. While all military
property is government property, all
government property is not military
property. An item of government
property is not military property unless
the item in question meets the
definition provided above. Retail
merchandise of service exchange stores
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13:19 Dec 24, 2008
Jkt 217001
is not military property under this
article.’’
Section. 3. These amendments shall
take effect on [30 days after signature].
(a) Nothing in these amendments
shall be construed to make punishable
any act done or omitted prior to [30
days after signature] that was not
punishable when done or omitted.
(b) Nothing in these amendments
shall be construed to invalidate any
nonjudicial punishment proceedings,
restraint, investigation, referral of
charges, trial in which arraignment
occurred, or other action begun prior to
[30 days after signature], and any such
nonjudicial punishment, restraint,
investigation, referral of charges, trial, or
other action may proceed in the same
manner and with the same effect as if
these amendments had not been
prescribed.
The White House, Changes to the
Discussion Accompanying the Manual
for Courts-Martial, United States
(a) Paragraph (4) of the Discussion
immediately after R.C.M. 202(a) is
amended to read as follows:
‘‘(4) Limitations on jurisdiction over
civilians. Court-martial jurisdiction over
civilians under the code is limited by
judicial decisions. The exercise of
jurisdiction under Article 2(a)(11) in
peace time has been held
unconstitutional by the Supreme Court
of the United States. Before initiating
court-martial proceedings against a
civilian, relevant statutes, decisions,
service regulations, and policy
memoranda should be carefully
examined.’’
(b) The first paragraph of the
Discussion following R.C.M. 1003(b)(3)
is amended to read as follows: ‘‘A fine
is in the nature of a judgment and, when
ordered executed, makes the accused
immediately liable to the United States
for the entire amount of money
specified in the sentence. A fine
normally should not be adjudged
against a member of the armed forces
unless the accused was unjustly
enriched as a result of the offense of
which convicted. In the case of a
civilian subject to military law, a fine,
rather than a forfeiture, is the proper
monetary penalty to be adjudged,
regardless of whether unjust enrichment
is present.
Changes to Appendix 21, Analysis of
Rules for Courts-Martial
(a) Add the following to the Analysis
accompanying R.C.M. 1106(d):
‘‘200_ Amendment: Subsection (d) is
restated in its entirety to clarify that
subsections (d)(4), (d)(5) and (d)(6) were
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79455
not intended to be eliminated by the
2008 Amendment.
2008 Amendment: Subsections (d)(1)
and (d)(3) were modified to simplify the
requirements of the staff judge
advocate’s or legal officer’s
recommendation.’’
Changes to Appendix 23, Analysis of
Punitive Articles
(a) Add the following to the Analysis
accompanying Paragraph 44, Article
119—Manslaughter:
‘‘b. Elements.
200_ Amendment: Paragraph (4) of
the elements is corrected to properly
reflect the 2007 Amendment, which
corrected wording was not included in
the 2008 Amendment.
2008 Amendment: Notes were
included to add an element if the person
killed was a child under the age of 16
years.
e. Maximum punishment.
2008 Amendment: The maximum
confinement for voluntary manslaughter
when the person killed was a child
under the age of 16 years was increased
to 20 years. The maximum confinement
for involuntary manslaughter when the
person killed was a child under the age
of 16 years was increased to 15 years.’’
Dated: December 19, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. E8–30794 Filed 12–24–08; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
Renewal of Department of Defense
Federal Advisory Committees
Department of Defense.
Renewal of Federal Advisory
Committee.
AGENCY:
ACTION:
SUMMARY: Under the provisions of the
Federal Advisory Committee Act of
1972 (5 U.S.C. Appendix, as amended),
the Government in the Sunshine Act of
1976 (5 U.S.C. 552b, as amended), and
41 CFR 102–3.65, the Department of
Defense gives notice that it is renewing
the charter for the Department of
Defense Medicare-Eligible Retiree
Health Care Board of Actuaries
(hereafter referred to as the Board).
The Board is a non-discretionary
federal advisory committee established
under the provisions of 10 U.S.C. 1114,
to advise and assist the Secretary of
Defense on actuarial matters associated
with the Department of Defense
Medicare-Eligible Retiree Health Care
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79456
Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / Notices
Fund. The Board shall report annually
to the Secretary of Defense periodically,
but no less than once every four years,
to the President and the Congress on the
status of the Fund to include
recommendations for such changes as in
the Board’s judgment are necessary to
protect the public interest and maintain
the Fund on a sound actuarial basis.
The Board shall be composed of not
more than three members appointed by
the Secretary of Defense from among
qualified professional actuaries who are
members of the Society of Actuaries.
The Board Members shall serve for a
term of 15 years; except those Board
Members appointed to fill a vacancy
occurring before the end of the term for
which the predecessor was appointed
shall serve only until the end of such
term. Board Members may serve after
the end of the term until a successor has
taken office. No Board Member, other
than those originally appointed for less
than a 15-year term or a Board Member
appointed to fill an unexpired term may
be reappointed for successive terms.
Board Members appointed by the
Secretary of Defense, who are not fulltime or permanent part-time federal
employees, are appointed as experts and
consultants under the authority of 5
U.S.C. 3109, and shall serve as Special
Government employees. Pursuant to 10
U.S.C. 1114(a)(3), the members shall
serve with compensation to include
travel and per diem for official travel.
The Chairperson of the Board shall be
designated by the Under Secretary of
Defense (Personnel and Readiness), on
behalf of the Secretary of Defense.
The Board is authorized to establish
Subcommittees or Working Groups, as
necessary and consistent with its
mission, and these Subcommittees or
Working Groups shall operate under the
provisions of the Federal Advisory
Committee Act, the Government in the
Sunshine Act of 1976, and other
appropriate federal regulations.
Such Subcommittees or Working
Groups shall not work independently of
the chartered Board, and shall report
their recommendations and advice to
the Board for full deliberation and
discussion. Subcommittees or Working
Groups have no authority to make
decisions on behalf of the chartered
Board nor can they report directly to the
Agency or any Federal officers or
employees who are not Board Members.
FOR FURTHER INFORMATION CONTACT:
Contact Jim Freeman, Deputy
Committee Management Officer for the
Department of Defense, 703–601–6128.
SUPPLEMENTARY INFORMATION: The Board
shall meet at the call of the Board’s
Designated Federal Officer, in
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consultation with the Board’s
Chairperson. The Designated Federal
Officer, pursuant to DoD policy, shall be
a full-time or permanent part-time DoD
employee, and shall be appointed in
accordance with established DoD
policies and procedures. The Designated
Federal Officer or duly appointed
Alternate Designated Federal Officer
shall attend all committee meetings and
subcommittee meetings.
Pursuant to 41 CFR 102–3.105(j) and
102–3.140, the public or interested
organizations may submit written
statements to the Department of Defense
Medicare-Eligible Retiree Health Care
Board of Actuaries membership about
the Board’s mission and functions.
Written statements may be submitted at
any time or in response to the stated
agenda of planned meeting of the
Department of Defense MedicareEligible Retiree Health Care Board of
Actuaries.
All written statements shall be
submitted to the Designated Federal
Officer for the Department of Defense
Medicare-Eligible Retiree Health Care
Board of Actuaries, and this individual
will ensure that the written statements
are provided to the membership for
their consideration. Contact information
for the Department of Defense MedicareEligible Retiree Health Care Board of
Actuaries’ Designated Federal Officer
can be obtained from the GSA’s FACA
Database—https://www.fido.gov/
facadatabase/public.asp.
The Designated Federal Officer,
pursuant to 41 CFR 102–3.150, will
announce planned meetings of the
Department of Defense MedicareEligible Retiree Health Care Board of
Actuaries. The Designated Federal
Officer, at that time, may provide
additional guidance on the submission
of written statements that are in
response to the stated agenda for the
planned meeting in question.
Dated: December 19, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. E8–30795 Filed 12–24–08; 8:45 am]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
Notice of Availability for the Final
Environmental Impact Statement/
Environmental Impact Report and a
Draft General Conformity
Determination for the Berths 97–109
[China Shipping] Container Terminal
Project, Port of Los Angeles, Los
Angeles County, CA
AGENCY: Department of the Army—U.S.
Army Corps of Engineers, DoD.
ACTION: Notice of availability.
SUMMARY: On April 30, 2008, the U.S.
Army Corps of Engineers, Los Angeles
District, Regulatory Division (Corps) in
coordination with the Los Angeles
Harbor Department (LAHD) completed
and published the Recirculated Draft
Environmental Impact Statement/
Environmental Impact Report (EIS/EIR)
for the Berths 97–109 [China Shipping]
Container Terminal Project (Project) in
the Port of Los Angeles. The Corps and
LAHD considered all comments
received in preparing the Final EIS/EIR,
which is available for a 30-day review.
The Final EIS/EIR includes a draft
general conformity determination (see
Section 3.2 and Appendix P), pursuant
to Section 176(c) of the Clean Air Act.
A general conformity determination is
necessary because Project construction
would require Federal action (i.e.,
issuance of a Corps permit for activities
proposed in and over navigable waters
and waters of the U.S.) and not all the
Federal action’s direct and indirect
emissions would be below specified de
minimis thresholds (40 CFR 93.153(b)).
Pursuant to the general conformity
regulations (40 CFR Part 93 Subpart B),
general conformity determinations do
not have to be included in the EIS and
can be separately noticed, but the draft
general conformity determination for
the Federal action associated with the
Project is being included in the Final
EIS/EIR in this case.
The Final EIS/EIR, including the draft
general conformity determination, is
available for public review during the
next 30 days at the Los Angeles Harbor
Department, 425 South Palos Verdes
Street, San Pedro, California, on the
Port’s Web site: https://
www.portoflosangeles.org, and on the
Corps’ Web site: https://
www.spl.usace.army.mil/regulatory/
POLA.htm (scroll down to the links
under China Shipping Project). In
addition, the Final EIS/EIR, including
the draft general conformity
determination, is available at the
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]]>Agencies
[Federal Register Volume 73, Number 249 (Monday, December 29, 2008)]
[Notices]
[Pages 79455-79456]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30795]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
Renewal of Department of Defense Federal Advisory Committees
AGENCY: Department of Defense.
ACTION: Renewal of Federal Advisory Committee.
-----------------------------------------------------------------------
SUMMARY: Under the provisions of the Federal Advisory Committee Act of
1972 (5 U.S.C. Appendix, as amended), the Government in the Sunshine
Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.65, the
Department of Defense gives notice that it is renewing the charter for
the Department of Defense Medicare-Eligible Retiree Health Care Board
of Actuaries (hereafter referred to as the Board).
The Board is a non-discretionary federal advisory committee
established under the provisions of 10 U.S.C. 1114, to advise and
assist the Secretary of Defense on actuarial matters associated with
the Department of Defense Medicare-Eligible Retiree Health Care
[[Page 79456]]
Fund. The Board shall report annually to the Secretary of Defense
periodically, but no less than once every four years, to the President
and the Congress on the status of the Fund to include recommendations
for such changes as in the Board's judgment are necessary to protect
the public interest and maintain the Fund on a sound actuarial basis.
The Board shall be composed of not more than three members
appointed by the Secretary of Defense from among qualified professional
actuaries who are members of the Society of Actuaries. The Board
Members shall serve for a term of 15 years; except those Board Members
appointed to fill a vacancy occurring before the end of the term for
which the predecessor was appointed shall serve only until the end of
such term. Board Members may serve after the end of the term until a
successor has taken office. No Board Member, other than those
originally appointed for less than a 15-year term or a Board Member
appointed to fill an unexpired term may be reappointed for successive
terms.
Board Members appointed by the Secretary of Defense, who are not
full-time or permanent part-time federal employees, are appointed as
experts and consultants under the authority of 5 U.S.C. 3109, and shall
serve as Special Government employees. Pursuant to 10 U.S.C.
1114(a)(3), the members shall serve with compensation to include travel
and per diem for official travel. The Chairperson of the Board shall be
designated by the Under Secretary of Defense (Personnel and Readiness),
on behalf of the Secretary of Defense.
The Board is authorized to establish Subcommittees or Working
Groups, as necessary and consistent with its mission, and these
Subcommittees or Working Groups shall operate under the provisions of
the Federal Advisory Committee Act, the Government in the Sunshine Act
of 1976, and other appropriate federal regulations.
Such Subcommittees or Working Groups shall not work independently
of the chartered Board, and shall report their recommendations and
advice to the Board for full deliberation and discussion. Subcommittees
or Working Groups have no authority to make decisions on behalf of the
chartered Board nor can they report directly to the Agency or any
Federal officers or employees who are not Board Members.
FOR FURTHER INFORMATION CONTACT: Contact Jim Freeman, Deputy Committee
Management Officer for the Department of Defense, 703-601-6128.
SUPPLEMENTARY INFORMATION: The Board shall meet at the call of the
Board's Designated Federal Officer, in consultation with the Board's
Chairperson. The Designated Federal Officer, pursuant to DoD policy,
shall be a full-time or permanent part-time DoD employee, and shall be
appointed in accordance with established DoD policies and procedures.
The Designated Federal Officer or duly appointed Alternate Designated
Federal Officer shall attend all committee meetings and subcommittee
meetings.
Pursuant to 41 CFR 102-3.105(j) and 102-3.140, the public or
interested organizations may submit written statements to the
Department of Defense Medicare-Eligible Retiree Health Care Board of
Actuaries membership about the Board's mission and functions. Written
statements may be submitted at any time or in response to the stated
agenda of planned meeting of the Department of Defense Medicare-
Eligible Retiree Health Care Board of Actuaries.
All written statements shall be submitted to the Designated Federal
Officer for the Department of Defense Medicare-Eligible Retiree Health
Care Board of Actuaries, and this individual will ensure that the
written statements are provided to the membership for their
consideration. Contact information for the Department of Defense
Medicare-Eligible Retiree Health Care Board of Actuaries' Designated
Federal Officer can be obtained from the GSA's FACA Database--https://
www.fido.gov/facadatabase/public.asp.
The Designated Federal Officer, pursuant to 41 CFR 102-3.150, will
announce planned meetings of the Department of Defense Medicare-
Eligible Retiree Health Care Board of Actuaries. The Designated Federal
Officer, at that time, may provide additional guidance on the
submission of written statements that are in response to the stated
agenda for the planned meeting in question.
Dated: December 19, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E8-30795 Filed 12-24-08; 8:45 am]
BILLING CODE 5001-06-P
