Manual for Courts-Martial; Proposed Amendments, 14271-14272 [2013-04994]

Download as PDF Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices Antidumping Duty Administrative Review, Secretariat File No. USA–MEX– 2011–1904–01. Pursuant to the Settlement Agreement, the five NAFTA disputes have been dismissed. Pursuant to the Settlement Agreement, following the publication of this notice, the Department will instruct CBP to assess appropriate antidumping duties on the affected entries of the subject merchandise and liquidate such entries as indicated below. Assessment of Duties Pursuant to the terms of the Settlement Agreement, for any entries of the subject merchandise produced and exported by Mexinox that were entered or withdrawn from warehouse for consumption from July 1, 2004 through June 30, 2005, the Department will instruct CBP to liquidate the entries without regard to antidumping duties. Pursuant to the terms of the Settlement Agreement, for any entries of the subject merchandise produced and exported by Mexinox that were entered or withdrawn from warehouse for consumption from July 1, 2005 through June 30, 2009, the Department will instruct CBP to assess duties at the cash deposit rate in effect at the time of entry. Dated: February 26, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–05060 Filed 3–4–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Availability of Seats for the Monterey Bay National Marine Sanctuary Advisory Council Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice and request for applications. emcdonald on DSK67QTVN1PROD with NOTICES AGENCY: SUMMARY: The ONMS is seeking applications for the following vacant seats on the Monterey Bay National Marine Sanctuary Advisory Council: Commercial Fishing. Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 possibly the length of residence in the area affected by the sanctuary. Applicants who are chosen should expect to serve until February 2016. DATES: Applications are due by April 1, 2013. ADDRESSES: Application kits may be obtained from 99 Pacific Street, Bldg. 455A, Monterey, CA, 93940 or online at https://montereybay.noaa.gov/. Completed applications should be sent to the same address. FOR FURTHER INFORMATION CONTACT: Jacqueline Sommers, 99 Pacific Street, Bldg. 455A, Monterey, CA, 93940, (831) 647–4247, Jacqueline.sommers@noaa.gov. SUPPLEMENTARY INFORMATION: The MBNMS Advisory Council is a community-based group that was established in March 1994 to assure continued public participation in the management of the Sanctuary. Since its establishment, the Advisory Council has played a vital role in decisions affecting the Sanctuary along the central California coast. The Advisory Council’s twenty voting members represent a variety of local user groups, as well as the general public, plus seven local, state and federal governmental jurisdictions. In addition, the respective managers or superintendents for the four California National Marine Sanctuaries (Channel Islands National Marine Sanctuary, Cordell Bank National Marine Sanctuary, Gulf of the Farallones National Marine Sanctuary and the Monterey Bay National Marine Sanctuary) and the Elkhorn Slough National Estuarine Research Reserve sit as non-voting members. Four working groups support the Advisory Council: The Research Activity Panel (‘‘RAP’’) chaired by the Research Representative, the Sanctuary Education Panel (‘‘SEP’’) chaired by the Education Representative, the Conservation Working Group (‘‘CWG’’) chaired by the Conservation Representative, and the Business and Tourism Activity Panel (‘‘BTAP’’) cochaired by the Business/Industry Representative and Tourism Representative, each dealing with matters concerning research, education, conservation and human use. The working groups are composed of experts from the appropriate fields of interest and meet monthly, or bimonthly, serving as invaluable advisors to the Advisory Council and the Sanctuary Superintendent. The Advisory Council represents the coordination link between the Sanctuary and the state and federal management agencies, user groups, PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 14271 researchers, educators, policy makers, and other various groups that help to focus efforts and attention on the central California coastal and marine ecosystems. The Advisory Council functions in an advisory capacity to the Sanctuary Superintendent and is instrumental in helping develop policies, program goals, and identify education, outreach, research, long-term monitoring, resource protection, and revenue enhancement priorities. The Advisory Council works in concert with the Sanctuary Superintendent by keeping him or her informed about issues of concern throughout the Sanctuary, offering recommendations on specific issues, and aiding the Superintendent in achieving the goals of the Sanctuary program within the context of California’s marine programs and policies. Authority: 16 U.S.C. Sections 1431, et seq. (Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary Program) Dated: February 26, 2013. Daniel J. Basta, Director, Office of National Marine Sanctuaries, National Ocean Service, National Oceanic and Atmospheric Administration. [FR Doc. 2013–05011 Filed 3–4–13; 8:45 am] BILLING CODE 3510–NK–M DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID DoD–2012–OS–0129] Manual for Courts-Martial; Proposed Amendments Joint Service Committee on Military Justice (JSC), Department of Defense. ACTION: Notice of response to public comments on proposed amendments to the Manual for Courts-Martial, United States (2012 ed.)(MCM). AGENCY: SUMMARY: The Joint Service Committee on Military Justice (JSC) is publishing final proposed amendments to the Manual for Courts-Martial, United States (MCM) to the Department of Defense. The proposed changes concern the rules of procedure and evidence and the punitive articles applicable in trials by courts-martial. These proposed changes have not been coordinated within the Department of Defense under DoD Directive 5500.1, ‘‘Preparation, Processing and Coordinating Legislation, Executive Orders, Proclamations, Views Letters and Testimony,’’ June 15, 2007, and do not E:\FR\FM\05MRN1.SGM 05MRN1 14272 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices constitute the official position of the Department of Defense, the Military Departments, or any other Government agency. ADDRESSES: Comments and materials received from the public are available for inspection or copying at the Joint Services Policy and Legislation Section, Military Justice Division, AFLOA/JAJM, 1500 West Perimeter Road, Suite 1130, Joint Base Andrews, Maryland, 20762, between 9 a.m. and 4 p.m. Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Major Daniel C. Mamber, Chief of Joint Services Policy and Legislation Section, Military Justice Division, AFLOA/JAJM, 1500 West Perimeter Road, Suite 1130, Joint Base Andrews, Maryland, 20762, 240–612–4828, email: jsc_public_comments@pentagon.af.mil. SUPPLEMENTARY INFORMATION: Background On October 23, 2012 (77 FR 64854– 64887), the JSC published a Notice of Proposed Amendments concerning the rules of procedure and evidence and the punitive articles applicable in trials by courts-martial and a Notice of Public Meeting to receive comments on these proposals. The public meeting was held on December 11, 2012. One member of the public appeared. Several comments were received via electronic mail and were considered by the JSC. emcdonald on DSK67QTVN1PROD with NOTICES Discussion of Comments and Changes The JSC considered each public comment, and after making minor modifications, the JSC is satisfied that the proposed amendments are appropriate to implement. Comments that were submitted that are outside the scope of these proposed changes will be considered as part of the JSC’s 2013 annual review of the MCM. The JSC will forward the public comments and proposed amendments to the Department of Defense. The public comments regarding the proposed changes follow: a. One commenter recommended adding the words ‘‘to the victim’s privacy’’ to RCM 405(i)(2)(B)(iv) after ‘‘unfair prejudice’’ when discussing when MRE 412(b) evidence is admissible. Due to the rescission of the proposed change to MRE 412 in the previous year’s proposed changes, and its reversion back to its original substance, the JSC has not adopted this proposal. Instead, the JSC will make a different change to RCM405(i)(2)(B), to read as follows: ‘‘(B) Procedure to determine admissibility. The procedure to VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 determine admissibility can be found in Mil. R. Evid. 412(c).’’ b. One commenter recommended amending the Analysis to MRE 412. The JSC has not adopted this proposal due to the change to the 2012 change, involving the Military Rules of Evidence, in which MRE 412 was not changed and reverted back to its original substance. Instead the JSC proposes to add the following discussion to the Analysis to MRE 412: ‘‘In 2011, the Court of Appeals for the Armed Forces expressed concern with the constitutionality of the balancing test from Rule 412(c)(3) as amended in 2007. See United States v. Gaddis, 70 M.J. 248 (C.A.A.F. 2011), United States v. Ellerbrock, 70 M.J. 314 (C.A.A.F. 2011).’’ c. One commenter suggested the portion of RCM 405(i) that requires the investigating officer to determine admissibility of MRE 412 evidence by determining whether the ‘‘probative value of such evidence outweighs the danger of unfair prejudice’’ is confusing and should instead read that the ‘‘probative value of such evidence outweighs the danger of unfair prejudice or confusion of the issue.’’ However, due to the rescission of the proposed change to MRE 412 in the proposed changes submitted in 2011, and its reversion back to its original substance, the JSC has not adopted this proposal. Instead RCM 405(i)(2)(B) will now be amended as stated in paragraph a, supra. d. One commenter recommended amending the sample specifications under Article 120, UCMJ, Paragraphs f.(7)(a)–(f) to include ‘‘(arouse)(gratify the sexual desire of)’’ to correspond to the elements under Abusive Sexual Contact. In addition, based on this comment, JSC noted the same inconsistency in Paragraphs f.(5)(a)–(e). Article 120, UCMJ, Paragraphs f.(5) and (7) will be amended to include the language in the sample specifications. e. Comments making grammatical corrections were received. Those corrections were made. f. Comments were received suggesting additional amendments to RCMs 307, 405, 701, 703, 905, 906, 907, 908, 1003, 1004; the Analysis to MREs 513 and 514; Article 120; and Part IV, paragraph 16e pertaining to Article 92, UCMJ. These suggested changes were not incorporated. Several suggested changes were not contemplated in the proposals currently under review. Those suggestions will be considered in the course of the FY13 annual review of the MCM, which is required by DoD Directive 5500.17. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Dated: February 28, 2013. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2013–04994 Filed 3–4–13; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Office of the Secretary Department of Defense Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces; Notice of Federal Advisory Committee Meeting Office of the Assistant Secretary of Defense, Department of Defense. ACTION: Meeting notice. AGENCY: 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 102–3.150, the Department of Defense announces that the following Federal Advisory Committee meeting of the Department of Defense Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces (subsequently referred to as the Task Force) will take place. DATES: Tuesday, April 2, 2013— Wednesday, April 3, 2013 from 8:00 a.m. to 5:00 p.m. EDT each day. ADDRESSES: DoubleTree by Hilton Hotel Washington DC-Crystal City, 300 Army Navy Drive, Arlington, VA 22202. FOR FURTHER INFORMATION CONTACT: Mail Delivery service through Recovering Warrior Task Force, Hoffman Building II, 200 Stovall St, Alexandria, VA 22332–0021 ‘‘Mark as Time Sensitive for April Meeting’’. Emails to rwtf@wso.whs.mil. Denise F. Dailey, Designated Federal Officer; Telephone (703) 325–6640. Fax (703) 325–6710. SUPPLEMENTARY INFORMATION: Purpose of the Meeting: The purpose of the meeting is for the Task Force Members to convene and gather data from panels and briefers on the Task Force’s topics of inquiry. Agenda: (Refer to https:// dtf.defense.gov/rwtf/meetings.html for the most up-to-date meeting information). Day One: Tuesday, April 2, 2013 8:00 a.m.–9:15 a.m.—Task Force Members Site Visit After Action Review 9:15 a.m.–9:30 a.m.—Break E:\FR\FM\05MRN1.SGM 05MRN1

Agencies

[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Notices]
[Pages 14271-14272]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04994]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DoD-2012-OS-0129]


Manual for Courts-Martial; Proposed Amendments

AGENCY: Joint Service Committee on Military Justice (JSC), Department 
of Defense.

ACTION: Notice of response to public comments on proposed amendments to 
the Manual for Courts-Martial, United States (2012 ed.)(MCM).

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

SUMMARY: The Joint Service Committee on Military Justice (JSC) is 
publishing final proposed amendments to the Manual for Courts-Martial, 
United States (MCM) to the Department of Defense. The proposed changes 
concern the rules of procedure and evidence and the punitive articles 
applicable in trials by courts-martial. These proposed changes have not 
been coordinated within the Department of Defense under DoD Directive 
5500.1, ``Preparation, Processing and Coordinating Legislation, 
Executive Orders, Proclamations, Views Letters and Testimony,'' June 
15, 2007, and do not

[[Page 14272]]

constitute the official position of the Department of Defense, the 
Military Departments, or any other Government agency.

ADDRESSES: Comments and materials received from the public are 
available for inspection or copying at the Joint Services Policy and 
Legislation Section, Military Justice Division, AFLOA/JAJM, 1500 West 
Perimeter Road, Suite 1130, Joint Base Andrews, Maryland, 20762, 
between 9 a.m. and 4 p.m. Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Major Daniel C. Mamber, Chief of Joint 
Services Policy and Legislation Section, Military Justice Division, 
AFLOA/JAJM, 1500 West Perimeter Road, Suite 1130, Joint Base Andrews, 
Maryland, 20762, 240-612-4828, email: jsc_public_comments@pentagon.af.mil.

SUPPLEMENTARY INFORMATION: 

Background

    On October 23, 2012 (77 FR 64854-64887), the JSC published a Notice 
of Proposed Amendments concerning the rules of procedure and evidence 
and the punitive articles applicable in trials by courts-martial and a 
Notice of Public Meeting to receive comments on these proposals. The 
public meeting was held on December 11, 2012. One member of the public 
appeared. Several comments were received via electronic mail and were 
considered by the JSC.

Discussion of Comments and Changes

    The JSC considered each public comment, and after making minor 
modifications, the JSC is satisfied that the proposed amendments are 
appropriate to implement. Comments that were submitted that are outside 
the scope of these proposed changes will be considered as part of the 
JSC's 2013 annual review of the MCM. The JSC will forward the public 
comments and proposed amendments to the Department of Defense. The 
public comments regarding the proposed changes follow:
    a. One commenter recommended adding the words ``to the victim's 
privacy'' to RCM 405(i)(2)(B)(iv) after ``unfair prejudice'' when 
discussing when MRE 412(b) evidence is admissible. Due to the 
rescission of the proposed change to MRE 412 in the previous year's 
proposed changes, and its reversion back to its original substance, the 
JSC has not adopted this proposal. Instead, the JSC will make a 
different change to RCM405(i)(2)(B), to read as follows:
    ``(B) Procedure to determine admissibility. The procedure to 
determine admissibility can be found in Mil. R. Evid. 412(c).''
    b. One commenter recommended amending the Analysis to MRE 412. The 
JSC has not adopted this proposal due to the change to the 2012 change, 
involving the Military Rules of Evidence, in which MRE 412 was not 
changed and reverted back to its original substance. Instead the JSC 
proposes to add the following discussion to the Analysis to MRE 412:
    ``In 2011, the Court of Appeals for the Armed Forces expressed 
concern with the constitutionality of the balancing test from Rule 
412(c)(3) as amended in 2007. See United States v. Gaddis, 70 M.J. 248 
(C.A.A.F. 2011), United States v. Ellerbrock, 70 M.J. 314 (C.A.A.F. 
2011).''
    c. One commenter suggested the portion of RCM 405(i) that requires 
the investigating officer to determine admissibility of MRE 412 
evidence by determining whether the ``probative value of such evidence 
outweighs the danger of unfair prejudice'' is confusing and should 
instead read that the ``probative value of such evidence outweighs the 
danger of unfair prejudice or confusion of the issue.'' However, due to 
the rescission of the proposed change to MRE 412 in the proposed 
changes submitted in 2011, and its reversion back to its original 
substance, the JSC has not adopted this proposal. Instead RCM 
405(i)(2)(B) will now be amended as stated in paragraph a, supra.
    d. One commenter recommended amending the sample specifications 
under Article 120, UCMJ, Paragraphs f.(7)(a)-(f) to include 
``(arouse)(gratify the sexual desire of)'' to correspond to the 
elements under Abusive Sexual Contact. In addition, based on this 
comment, JSC noted the same inconsistency in Paragraphs f.(5)(a)-(e). 
Article 120, UCMJ, Paragraphs f.(5) and (7) will be amended to include 
the language in the sample specifications.
    e. Comments making grammatical corrections were received. Those 
corrections were made.
    f. Comments were received suggesting additional amendments to RCMs 
307, 405, 701, 703, 905, 906, 907, 908, 1003, 1004; the Analysis to 
MREs 513 and 514; Article 120; and Part IV, paragraph 16e pertaining to 
Article 92, UCMJ. These suggested changes were not incorporated. 
Several suggested changes were not contemplated in the proposals 
currently under review. Those suggestions will be considered in the 
course of the FY13 annual review of the MCM, which is required by DoD 
Directive 5500.17.

    Dated: February 28, 2013.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2013-04994 Filed 3-4-13; 8:45 am]
BILLING CODE 5001-06-P

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