Professional Conduct of Attorneys Practicing Under the Cognizance and Supervision of the Judge Advocate General, 52860-52861 [2010-21499]

Download as PDF 52860 Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Applicability DEPARTMENT OF DEFENSE Federal Aviation Administration As discussed above, these airworthiness design standards under the primary category rule are applicable to the C172I, C172K, C172L, and C172M. Should OHA, Inc., wish to apply these airworthiness design standards to other airplane models, OHA, Inc. must submit a new airworthiness design standard application under the primary rule category. Department of the Navy Conclusion AGENCY: 14 CFR Part 21 Final Airworthiness Design Standards for Acceptance Under the Primary Category Rule; Orlando Helicopter Airways (OHA), Inc., Models Cessna 172I, 172K, 172L, and 172M Federal Aviation Administration (FAA), DOT. ACTION: Issuance of final Airworthiness Design Standards. AGENCY: This Airworthiness Design Standard is issued to OHA, Inc., for certification under primary category regulations of modified Cessna 172I, 172K, 172L, and 172M airplanes. DATES: This Airworthiness Design Standard is effective September 29, 2010. SUMMARY: Citation Mr. Leslie B. Taylor, Aerospace Engineer, Standards Office (ACE–111), Small Airplane Directorate, Aircraft Certification Service, FAA; telephone number (816) 329–4134, fax number (816) 329–4090, e-mail at leslie.b.taylor@faa.gov. FOR FURTHER INFORMATION CONTACT: Any person may obtain a copy of this information by contacting the person named above under FOR FURTHER INFORMATION CONTACT. SUPPLEMENTARY INFORMATION: Background The ‘‘primary’’ category for aircraft was created specifically for the simple, low performance personal aircraft. Section 21.17(f) provides a means for applicants to propose airworthiness standards for their particular primary category aircraft. The FAA procedure establishing appropriate airworthiness standards includes reviewing and possibly revising the applicant’s proposal, publication of the submittal in the Federal Register for public review and comment, and addressing the comments. After all necessary revisions, the standards are published as approved FAA airworthiness standards. jlentini on DSKJ8SOYB1PROD with RULES Discussion of Comments Existence of Proposed Airworthiness Design Standards for Acceptance Under the Primary Category Rule; Orlando Helicopter Airways (OHA), Inc., Models Cessna 172I, 172K, 172L, and 172M airplanes was published in the Federal Register on June 21, 2010, 75 FR 34953. No comments were received, and the airworthiness design standards are adopted as proposed. VerDate Mar<15>2010 16:08 Aug 27, 2010 Jkt 220001 This action affects only certain airworthiness design standards on Cessna model C172I, C172K, C172L, C172M airplanes. It is not a standard of general applicability and it affects only the applicant who applied to the FAA for approval of these features on the airplane. The authority citation for these airworthiness standards is as follows: Authority: 49 U.S.C. 106(g), 40113 and 44701. Final Airworthiness Standards for Acceptance Under the Primary Category Rule For all airplane modifications and the powerplant installation: Part 3 of the Civil Air Regulations (CAR 3), effective November 1, 1949, as amended by Amendments 3–1 through 3–12, except for § 3.415, Engines and § 3.416(a), Propellers; and 14 CFR part 23, §§ 23.603, 23.863, 23.907, 23.961, 23.1322 and 23.1359 (latest amendments through Amendment 23– 59) as applicable to these airplanes. For engine assembly certification: Joint Aviation Requirements 22 (JAR 22), ‘‘Sailplanes and Powered Sailplanes,’’ Change 5, dated October 28, 1995, Subpart H only. For propeller certification: 14 CFR part 35 as amended through Amendment 35–8 except § 35.1 (or a propeller with an FAA type certificate may be used). For noise standards: 14 CFR part 36, Amendment 36–28, Appendix G. Issued in Kansas City, Missouri, on August 19, 2010. John R. Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 2010–21444 Filed 8–27–10; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 32 CFR Part 776 [No. USN–2010–0019] RIN 0703–AA88 Professional Conduct of Attorneys Practicing Under the Cognizance and Supervision of the Judge Advocate General ACTION: Department of the Navy, DoD. Interim final rule. The Department of the Navy (DON) is amending its rules to update existing sections relating to the professional conduct of attorneys practicing under the cognizance and supervision of the Judge Advocate General (JAG) for clients with diminished capacity. The amendment comports with current policy reflected in JAG Instruction 5803.1 (Series), Professional Conduct of Attorneys Practicing Under the Cognizance and Supervision of the Judge Advocate General. The new rule allows a covered attorney to take preventative action when the attorney reasonably believes that a client has diminished capacity and is at risk of substantial physical harm to himself or herself unless immediate action is taken. Not having this immediate change negatively impacts an attorney’s ability to preserve life when a client expresses the intent to harm himself or herself or an attorney receives information about a client’s suicidal intentions. The JAG has directed that this change take effect immediately as the former version of the rule potentially created a professional responsibility violation if an attorney acted to preserve life or risked the client’s life. DATES: This interim final rule is effective August 30, 2010. Written comments received at the address indicated below by October 29, 2010 will be considered and addressed in the final rule. 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. Follow the instructions for submitting comments. Mail: Federal Docket Management System Office, 1160 Defense Pentagon, Washington, DC 20301–1160. Instructions: All submissions received must include the agency name and SUMMARY: E:\FR\FM\30AUR1.SGM 30AUR1 Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Rules and Regulations docket or RIN 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 any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Janelle M. Beal, JAGC, U.S. Navy, Office of the Judge Advocate General (Administrative Law), Department of the Navy, 1322 Patterson Ave., SE., Suite 3000, Washington Navy Yard, DC 20374–5066, telephone: 703– 614–7403. SUPPLEMENTARY INFORMATION: The Department of the Navy is amending 32 CFR part 776, to comport with current policy as stated in JAG Instruction 5803.1 (Series) governing the professional conduct of attorneys practicing under the cognizance and supervision of the Judge Advocate General for clients with diminished capacity. This rule updates the existing section to reflect the current policy of the Judge Advocate General to permit a covered attorney to take protective action and disclose a client’s condition when he or she reasonably believes that the client has diminished capacity and is at risk of substantial physical selfharm if action is not taken. Thus, aligning the policy with ABA Model Rules of Professional Conduct (2010), Rule 1.14 (Client with Diminished Capacity). Interested persons are invited to comment in writing on this amendment. All written comments received will be considered in finalizing the amendment to 32 CFR part 776. It has been determined that this rule amendment is not a major rule within the criteria specified in Executive Order 12866, as amended by Executive Order 13258, and does not have substantial impact on the public. jlentini on DSKJ8SOYB1PROD with RULES Matters of Regulatory Procedure 16:08 Aug 27, 2010 Jkt 220001 Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104–4) It has been certified that 32 CFR part 776 does not contain a Federal mandate that may result in the expenditure by State, local and tribal governments, in aggregate, or by the private sector, of $100 million or more in any one year. Public Law 96–511, ‘‘Paperwork Reduction Act’’ (44 U.S.C. Chapter 35) It has been certified that 32 CFR part 776 does not impose any reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). Federalism (Executive Order 13132) shall, as far as reasonably possible, maintain a normal attorney-client relationship with the client. (2) When the covered attorney reasonably believes that the client has diminished capacity, is at risk of substantial physical, financial, or other harm unless action is taken and cannot adequately act in the client’s own interest, the covered attorney may take reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect the client. (3) Information relating to the representation of a client with diminished capacity is protected by § 776.25 of this part. When taking protective action pursuant to paragraph (a)(2) of this section, the covered attorney is impliedly authorized under § 776.25 of this part to reveal information about the client, but only to the extent reasonably necessary to protect the client’s interests. (b) [Reserved] It has been certified that 32 CFR Part 776 does not have federalism implications, as set forth in Executive Order 13132. This rule does not have substantial direct effects on: (1) The States; (2) The relationship between the National Government and the States; or (3) The distribution of power and responsibilities among the various levels of government. Dated: August 24, 2010. D.J. Werner, Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, Federal Register Liaison Officer. List of Subjects in 32 CFR Part 776 Federal Emergency Management Agency Rules of Professional Conduct, and Complaint Processing Procedures. ■ For the reasons set forth in the preamble, the Department of the Navy amends 32 CFR Part 776, as follows: [FR Doc. 2010–21499 Filed 8–27–10; 8:45 am] BILLING CODE 3810–FF–P DEPARTMENT OF HOMELAND SECURITY 44 CFR Part 64 [Docket ID FEMA–2010–0003; Internal Agency Docket No. FEMA–8145] PART 776—PROFESSIONAL CONDUCT OF ATTORNEYS PRACTICING UNDER THE COGNIZANCE AND SUPERVISION OF THE JUDGE ADVOCATE GENERAL Suspension of Community Eligibility 1. The authority citation for 32 CFR Part 776 continues to read as follows: SUMMARY: ■ Executive Order 12866, ‘‘Regulatory Planning and Review’’ It has been determined that 32 CFR Part 776 is not a significant regulatory action. The rule does not: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; VerDate Mar<15>2010 (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in this Executive Order. 52861 Authority: 10 U.S.C. 806, 806a, 826, 827. Subpart B—Rules of Professional Conduct ■ 2. Revise § 776.33 to read as follows: § 776.33 Client with diminished capacity. (a) Client with diminished capacity: (1) When a client’s ability to make adequately considered decisions in connection with the representation is diminished, whether because of minority, mental impairment, or for some other reason, the covered attorney PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by E:\FR\FM\30AUR1.SGM 30AUR1

Agencies

[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Rules and Regulations]
[Pages 52860-52861]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21499]


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DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 776

[No. USN-2010-0019]
RIN 0703-AA88


Professional Conduct of Attorneys Practicing Under the Cognizance 
and Supervision of the Judge Advocate General

AGENCY: Department of the Navy, DoD.

ACTION: Interim final rule.

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

SUMMARY: The Department of the Navy (DON) is amending its rules to 
update existing sections relating to the professional conduct of 
attorneys practicing under the cognizance and supervision of the Judge 
Advocate General (JAG) for clients with diminished capacity. The 
amendment comports with current policy reflected in JAG Instruction 
5803.1 (Series), Professional Conduct of Attorneys Practicing Under the 
Cognizance and Supervision of the Judge Advocate General.
    The new rule allows a covered attorney to take preventative action 
when the attorney reasonably believes that a client has diminished 
capacity and is at risk of substantial physical harm to himself or 
herself unless immediate action is taken. Not having this immediate 
change negatively impacts an attorney's ability to preserve life when a 
client expresses the intent to harm himself or herself or an attorney 
receives information about a client's suicidal intentions. The JAG has 
directed that this change take effect immediately as the former version 
of the rule potentially created a professional responsibility violation 
if an attorney acted to preserve life or risked the client's life.

DATES: This interim final rule is effective August 30, 2010. Written 
comments received at the address indicated below by October 29, 2010 
will be considered and addressed in the final rule.

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. Follow the 
instructions for submitting comments.
    Mail: Federal Docket Management System Office, 1160 Defense 
Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and

[[Page 52861]]

docket or RIN 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 any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Janelle M. Beal, 
JAGC, U.S. Navy, Office of the Judge Advocate General (Administrative 
Law), Department of the Navy, 1322 Patterson Ave., SE., Suite 3000, 
Washington Navy Yard, DC 20374-5066, telephone: 703-614-7403.

SUPPLEMENTARY INFORMATION: The Department of the Navy is amending 32 
CFR part 776, to comport with current policy as stated in JAG 
Instruction 5803.1 (Series) governing the professional conduct of 
attorneys practicing under the cognizance and supervision of the Judge 
Advocate General for clients with diminished capacity. This rule 
updates the existing section to reflect the current policy of the Judge 
Advocate General to permit a covered attorney to take protective action 
and disclose a client's condition when he or she reasonably believes 
that the client has diminished capacity and is at risk of substantial 
physical self-harm if action is not taken. Thus, aligning the policy 
with ABA Model Rules of Professional Conduct (2010), Rule 1.14 (Client 
with Diminished Capacity). Interested persons are invited to comment in 
writing on this amendment. All written comments received will be 
considered in finalizing the amendment to 32 CFR part 776. It has been 
determined that this rule amendment is not a major rule within the 
criteria specified in Executive Order 12866, as amended by Executive 
Order 13258, and does not have substantial impact on the public.

Matters of Regulatory Procedure

Executive Order 12866, ``Regulatory Planning and Review''

    It has been determined that 32 CFR Part 776 is not a significant 
regulatory action. The rule does not:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive Order.

Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4)

    It has been certified that 32 CFR part 776 does not contain a 
Federal mandate that may result in the expenditure by State, local and 
tribal governments, in aggregate, or by the private sector, of $100 
million or more in any one year.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been certified that 32 CFR part 776 does not impose any 
reporting or recordkeeping requirements under the Paperwork Reduction 
Act of 1995 (44 U.S.C. chapter 35).

Federalism (Executive Order 13132)

    It has been certified that 32 CFR Part 776 does not have federalism 
implications, as set forth in Executive Order 13132. This rule does not 
have substantial direct effects on:
    (1) The States;
    (2) The relationship between the National Government and the 
States; or
    (3) The distribution of power and responsibilities among the 
various levels of government.

List of Subjects in 32 CFR Part 776

    Rules of Professional Conduct, and Complaint Processing Procedures.

0
For the reasons set forth in the preamble, the Department of the Navy 
amends 32 CFR Part 776, as follows:

PART 776--PROFESSIONAL CONDUCT OF ATTORNEYS PRACTICING UNDER THE 
COGNIZANCE AND SUPERVISION OF THE JUDGE ADVOCATE GENERAL

0
1. The authority citation for 32 CFR Part 776 continues to read as 
follows:

    Authority: 10 U.S.C. 806, 806a, 826, 827.

Subpart B--Rules of Professional Conduct

0
2. Revise Sec.  776.33 to read as follows:


Sec.  776.33  Client with diminished capacity.

    (a) Client with diminished capacity: (1) When a client's ability to 
make adequately considered decisions in connection with the 
representation is diminished, whether because of minority, mental 
impairment, or for some other reason, the covered attorney shall, as 
far as reasonably possible, maintain a normal attorney-client 
relationship with the client.
    (2) When the covered attorney reasonably believes that the client 
has diminished capacity, is at risk of substantial physical, financial, 
or other harm unless action is taken and cannot adequately act in the 
client's own interest, the covered attorney may take reasonably 
necessary protective action, including consulting with individuals or 
entities that have the ability to take action to protect the client.
    (3) Information relating to the representation of a client with 
diminished capacity is protected by Sec.  776.25 of this part. When 
taking protective action pursuant to paragraph (a)(2) of this section, 
the covered attorney is impliedly authorized under Sec.  776.25 of this 
part to reveal information about the client, but only to the extent 
reasonably necessary to protect the client's interests.
    (b) [Reserved]

    Dated: August 24, 2010.
D.J. Werner,
Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. 2010-21499 Filed 8-27-10; 8:45 am]
BILLING CODE 3810-FF-P