Submission for OMB Review; Comment Request, 8683-8684 [2010-3870]
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Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices
OSD Mailroom 3C843, Washington, DC
20301–1160.
Instructions: All submissions received
must include the agency name and
docket number for this Federal Register
document. The general policy for
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received without change, including
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information.
FOR FURTHER INFORMATION CONTACT:
William A. DeCicco, Clerk of the Court,
telephone (202) 761–1448.
jlentini on DSKJ8SOYB1PROD with NOTICES
Dated: February 19, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
Rule 21(b)
A. Remove the first sentence of
existing Rule 21(b) which currently
reads:
(b) The supplement to the petition
shall be filed in accordance with the
applicable time limit set forth in Rule
19(a)(5)(A) or (B), shall include an
Appendix containing a copy of the
decision of the Court of Criminal
Appeals, unpublished opinions cited in
the brief, relevant extracts of rules and
regulations, and shall conform to the
provisions of Rules 24(b), 35A, and 37.
B. Add the following to Rule 21(b) in
its place:
(b) The supplement to the petition
shall be filed in accordance with the
applicable time limit set forth in Rule
19(a)(5)(A) or (B), shall include an
Appendix containing a copy of the
decision of the Court of Criminal
Appeals, unpublished opinions cited in
the brief, relevant extracts of rules and
regulations, and shall conform to the
provisions of Rules 35A and 37. Unless
authorized by order of the Court or by
motion of a party granted by the Court,
the supplement and any answer thereto
shall not exceed 25 pages, except that a
supplement or answer containing no
more than 9,000 words or 900 lines of
text is also acceptable. Any reply to the
answer shall not exceed 10 pages except
that a reply containing 4,000 words or
400 lines of text is also acceptable.
C. The remainder of Rule 21(b) is
unchanged except as noted below
regarding Rule 21(b)(5)(G).
Comment: The proposal to reduce the
length of supplements, answers and
replies would follow the practice at the
Supreme Court of the United States
where different limits apply to petitions
for certiorari (9,000 words) and briefs
following a grant of certiorari (15,000
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16:34 Feb 24, 2010
Jkt 220001
words). In exceptional cases, counsel
would still be able to request to exceed
the limit by motion under Rule 30.
Rule 21(b)(5)(G)
A. Rule 21(b)(5)(G) currently reads:
(b) * * * The supplement shall
contain:
* * * (5) A direct and concise
argument showing why there is good
cause to grant the petition,
demonstrating with particularity why
the errors assigned are materially
prejudicial to the substantial rights of
the appellant. Where applicable, the
supplement to the petition shall also
indicate whether the court below has:
* * * (G) taken inadequate corrective
action after remand by the Court
subsequent to grant of an earlier petition
in the same case and that appellant
wishes to seek review from the Supreme
Court of the United States; * * *
B. The proposed change is to remove
subparagraph (G) and replace it with the
following new subparagraph (G):
* * * (G) taken inadequate corrective
action after remand by the Court
subsequent to grant of an earlier petition
in the same case and that appellant
wishes to seek review in the Supreme
Court of the United States specifying the
issue or issues on which certiorari
review would be sought, whether
related to the remand or to the original
decision by this Court; * * *
Comment: The recent practice of the
Court has been to grant petitions for
grant of review in cases that have been
previously remanded to the convening
authority or the Court of Criminal
Appeals for corrective action and are
returned to the Court on a second
petition. The grant of review is intended
to protect the right to seek certiorari
review at the Supreme Court, and may
be accompanied by a summary order of
affirmance. The proposed change to the
Rule would add a requirement that
appellate defense counsel specify the
issue or issues on which certiorari
review would be sought, related to
either the remand or the original
decision of the Court. The amendment
will make it clear that there is no right
to further review in this Court in all
remanded cases, and also provide a
more orderly process for identifying the
issues that are being preserved for
review on petition for certiorari. The
Court can then decide whether to grant
and affirm or take other action it deems
appropriate.
Rule 21A
Adopt new Rule 21A as follows:
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8683
Rule 21A. Submissions Under United
States v. Grostefon
(a) Issues raised pursuant to United
States v. Grostefon, 12 M.J. 431 (C.M.A.
1982), shall be presented in a separate
Appendix to the supplement not to
exceed 15 pages.
(b) Grostefon issues shall be identified
by counsel with particularity,
substantially in the following form:
Grostefon Issue Appendix
Pursuant to United States v.
Grostefon, 12 M.J. 431 (C.M.A. 1982),
appellant, through appellate defense
counsel, personally requests that this
Court consider the following matters:
[List issues and any argument for each
issue.]
(c) Grostefon issues raised within 30
days of the filing of the supplement
under Rule 19(a)(5)(C) are subject to and
included within the 15-page limit in
this Rule.
Comment: This new Rule is designed
to fill a gap that currently exists in the
Rules regarding page limits for
submissions of personally asserted
matters under Grostefon. The new Rule
will allow counsel more than enough
space to identify issues that the
appellant wishes to raise and to attach
any reasonably sized written submission
that the appellant prepared. The 15-page
limit is all-inclusive, i.e., all stated
issues, argument, and written
submissions from the appellant must
not exceed a total of 15 pages. The Rule
is consistent with Grostefon and allows
counsel to describe the issues the
appellant wants to raise, without
needlessly burdening the Court with
voluminous filings of material that
would never be permitted for filings by
counsel.
[FR Doc. 2010–3818 Filed 2–24–10; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF EDUCATION
Submission for OMB Review;
Comment Request
Department of Education.
The Acting Director,
Information Collection Clearance
Division, Regulatory Information
Management Services, Office of
Management invites comments on the
submission for OMB review as required
by the Paperwork Reduction Act of
1995.
DATES: Interested persons are invited to
submit comments on or before March
29, 2010.
ADDRESSES: Written comments should
be addressed to the Office of
AGENCY:
SUMMARY:
E:\FR\FM\25FEN1.SGM
25FEN1
8684
Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices
Information and Regulatory Affairs,
Attention: Education Desk Officer,
Office of Management and Budget, 725
17th Street, NW., Room 10222, New
Executive Office Building, Washington,
DC 20503, be faxed to (202) 395–5806 or
e-mailed to
oira_submission@omb.eop.gov with a
cc: to ICDocketMgr@ed.gov.
SUPPLEMENTARY INFORMATION: Section
3506 of the Paperwork Reduction Act of
1995 (44 U.S.C. Chapter 35) requires
that the Office of Management and
Budget (OMB) provide interested
Federal agencies and the public an early
opportunity to comment on information
collection requests. OMB may amend or
waive the requirement for public
consultation to the extent that public
participation in the approval process
would defeat the purpose of the
information collection, violate State or
Federal law, or substantially interfere
with any agency’s ability to perform its
statutory obligations. The Acting
Director Information Clearance Official,
Regulatory Information Management
Services, Office of Management,
publishes that notice containing
proposed information collection
requests prior to submission of these
requests to OMB. Each proposed
information collection, grouped by
office, contains the following: (1) Type
of review requested, e.g. new, revision,
extension, existing or reinstatement; (2)
Title; (3) Summary of the collection; (4)
Description of the need for, and
proposed use of, the information; (5)
Respondents and frequency of
collection; and (6) Reporting and/or
Recordkeeping burden. OMB invites
public comment.
jlentini on DSKJ8SOYB1PROD with NOTICES
Dated: February 22, 2010.
James Hyler,
Acting Director, Information Collection
Clearance Division, Regulatory Information
Management Services, Office of Management.
Office of Postsecondary Education
Type of Review: New.
Title: IEPS Fulbright-Hays Group
Projects Abroad Customer Surveys.
Frequency: On Occasion.
Affected Public: Individuals or
households.
Reporting and Recordkeeping Hour
Burden:
Responses: 1,829.
Burden Hours: 809.
Abstract: The purpose of this
evaluation is to assess the impact of the
Group Projects Abroad (GPA) program
in enhancing the foreign language
capacity of the United States. Three
surveys will be conducted: a survey of
the GPA Project Directors; A survey of
2002–2008 GPA alumni; and a survey of
VerDate Nov<24>2008
16:34 Feb 24, 2010
Jkt 220001
2009 alumni. Results from the three
surveys will inform the writing of a final
report determining the impact of the
GPA program.
Requests for copies of the information
collection submission for OMB review
may be accessed from https://
edicsweb.ed.gov, by selecting the
‘‘Browse Pending Collections’’ link and
by clicking on link number 4182. 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., LBJ, Washington, DC 20202–4537.
Requests may also be electronically
mailed to the Internet address
ICDocketMgr@ed.gov or faxed to 202–
401–0920. Please specify the complete
title of the information collection when
making your request.
Comments regarding burden and/or
the collection activity requirements
should be directed to
ICDocketMgr@ed.gov. Individuals who
use a telecommunications device for the
deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1–
800–877–8339.
[FR Doc. 2010–3870 Filed 2–24–10; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
Submission for OMB Review;
Comment Request
Department of Education.
The Acting Director,
Information Collection Clearance
Division, Regulatory Information
Management Services, Office of
Management invites comments on the
submission for OMB review as required
by the Paperwork Reduction Act of
1995.
AGENCY:
SUMMARY:
DATES: Interested persons are invited to
submit comments on or before March
29, 2010.
ADDRESSES: Written comments should
be addressed to the Office of
Information and Regulatory Affairs,
Attention: Education Desk Officer,
Office of Management and Budget, 725
17th Street, NW., Room 10222, New
Executive Office Building, Washington,
DC 20503, be faxed to (202) 395–5806 or
e-mailed to
oira_submission@omb.eop.gov with a
cc: to ICDocketMgr@ed.gov.
SUPPLEMENTARY INFORMATION: Section
3506 of the Paperwork Reduction Act of
1995 (44 U.S.C. Chapter 35) requires
that the Office of Management and
Budget (OMB) provide interested
Federal agencies and the public an early
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
opportunity to comment on information
collection requests. OMB may amend or
waive the requirement for public
consultation to the extent that public
participation in the approval process
would defeat the purpose of the
information collection, violate State or
Federal law, or substantially interfere
with any agency’s ability to perform its
statutory obligations. The Acting
Director, Information Collection
Clearance Division, Regulatory
Information Management Services,
Office of Management, publishes that
notice containing proposed information
collection requests prior to submission
of these requests to OMB. Each
proposed information collection,
grouped by office, contains the
following: (1) Type of review requested,
e.g., new, revision, extension, existing
or reinstatement; (2) Title; (3) Summary
of the collection; (4) Description of the
need for, and proposed use of, the
information; (5) Respondents and
frequency of collection; and (6)
Reporting and/or Recordkeeping
burden. OMB invites public comment.
Dated: February 22, 2010.
James Hyler,
Acting Director, Information Collection
Clearance Official, Regulatory Information
Management Services, Office of Management.
Office of Special Education and
Rehabilitative Services
Type of Review: Revision.
Title: Report on IDEA Part B
Maintenance of Effort Reduction (34
CFR 300.205(a)) and Coordinated Early
Intervening Services (34 CFR 300.226).
Frequency: Annually.
Affected Public: State, Local, or Tribal
Gov’t, SEAs or LEAs.
Reporting and Recordkeeping Hour
Burden:
Responses: 60.
Burden Hours: 1,032,480.
Abstract: This package provides
instructions and forms necessary for
States to report on the provisions of
coordinated early intervening services
(CEIS) and maintenance of effort (MOE)
reduction in IDEA. The form satisfies
reporting requirements and is used by
OSEP to monitor SEAs and for
Congressional reporting.
Requests for copies of the information
collection submission for OMB review
may be accessed from https://
edicsweb.ed.gov, by selecting the
‘‘Browse Pending Collections’’ link and
by clicking on link number 4146. 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,
E:\FR\FM\25FEN1.SGM
25FEN1
Agencies
[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Notices]
[Pages 8683-8684]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3870]
=======================================================================
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DEPARTMENT OF EDUCATION
Submission for OMB Review; Comment Request
AGENCY: Department of Education.
SUMMARY: The Acting Director, Information Collection Clearance
Division, Regulatory Information Management Services, Office of
Management invites comments on the submission for OMB review as
required by the Paperwork Reduction Act of 1995.
DATES: Interested persons are invited to submit comments on or before
March 29, 2010.
ADDRESSES: Written comments should be addressed to the Office of
[[Page 8684]]
Information and Regulatory Affairs, Attention: Education Desk Officer,
Office of Management and Budget, 725 17th Street, NW., Room 10222, New
Executive Office Building, Washington, DC 20503, be faxed to (202) 395-
5806 or e-mailed to oira_submission@omb.eop.gov with a cc: to
ICDocketMgr@ed.gov.
SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act
of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management
and Budget (OMB) provide interested Federal agencies and the public an
early opportunity to comment on information collection requests. OMB
may amend or waive the requirement for public consultation to the
extent that public participation in the approval process would defeat
the purpose of the information collection, violate State or Federal
law, or substantially interfere with any agency's ability to perform
its statutory obligations. The Acting Director Information Clearance
Official, Regulatory Information Management Services, Office of
Management, publishes that notice containing proposed information
collection requests prior to submission of these requests to OMB. Each
proposed information collection, grouped by office, contains the
following: (1) Type of review requested, e.g. new, revision, extension,
existing or reinstatement; (2) Title; (3) Summary of the collection;
(4) Description of the need for, and proposed use of, the information;
(5) Respondents and frequency of collection; and (6) Reporting and/or
Recordkeeping burden. OMB invites public comment.
Dated: February 22, 2010.
James Hyler,
Acting Director, Information Collection Clearance Division, Regulatory
Information Management Services, Office of Management.
Office of Postsecondary Education
Type of Review: New.
Title: IEPS Fulbright-Hays Group Projects Abroad Customer Surveys.
Frequency: On Occasion.
Affected Public: Individuals or households.
Reporting and Recordkeeping Hour Burden:
Responses: 1,829.
Burden Hours: 809.
Abstract: The purpose of this evaluation is to assess the impact of
the Group Projects Abroad (GPA) program in enhancing the foreign
language capacity of the United States. Three surveys will be
conducted: a survey of the GPA Project Directors; A survey of 2002-2008
GPA alumni; and a survey of 2009 alumni. Results from the three surveys
will inform the writing of a final report determining the impact of the
GPA program.
Requests for copies of the information collection submission for
OMB review may be accessed from https://edicsweb.ed.gov, by selecting
the ``Browse Pending Collections'' link and by clicking on link number
4182. 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.,
LBJ, Washington, DC 20202-4537. Requests may also be electronically
mailed to the Internet address ICDocketMgr@ed.gov or faxed to 202-401-
0920. Please specify the complete title of the information collection
when making your request.
Comments regarding burden and/or the collection activity
requirements should be directed to ICDocketMgr@ed.gov. Individuals who
use a telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339.
[FR Doc. 2010-3870 Filed 2-24-10; 8:45 am]
BILLING CODE 4000-01-P