U.S. Court of Appeals for the Armed Forces Proposed Rules Changes, 52376-52378 [2022-18259]
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Federal Register / Vol. 87, No. 164 / Thursday, August 25, 2022 / Notices
section 7 of the ESA is not required for
this action.
Monday, September 12, 2022; 1 p.m.–4
p.m., EDT
Authorization
The meeting will begin with
Introductions of Members, Adoption of
Agenda, and review of Scope of Work.
The APs will receive a presentation
on the Florida Keys National Marine
Sanctuary (FKNMS) Proposed Rule and
will provide recommendations to the
Council.
The Joint Advisory Panels will receive
Public Comment and discuss any Other
Business items if time allows.
—Meeting Adjourns
The meeting will be via webinar only.
You may register for the webinar by
visiting www.gulfcouncil.org and
clicking on the Advisory Panel meeting
on the calendar. The Agenda is subject
to change, and the latest version along
with other meeting materials will be
posted on www.gulfcouncil.org as they
become available.
Although other non-emergency issues
not on the agenda may come before the
Advisory Panel for discussion, in
accordance with the Magnuson-Stevens
Fishery Conservation and Management
Act, those issues may not be the subject
of formal action during this meeting.
Actions of the Advisory Panel will be
restricted to those issues specifically
identified in the agenda and any issues
arising after publication of this notice
that require emergency action under
Section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, provided the public has been
notified of the Council’s intent to takeaction to address the emergency.
Authority: 16 U.S.C. 1801 et seq.
As a result of these determinations,
NMFS has issued two IHAs to the
USACE for conducting the North Jetty
Maintenance and Repairs Project in
Coos Bay, Oregon over the course of two
non-consecutive years, beginning
September 2022 through February 2025,
with the previously mentioned
mitigation, monitoring, and reporting
requirements incorporated.
Dated: August 19, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2022–18355 Filed 8–24–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC292]
Gulf of Mexico Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
The Gulf of Mexico Fishery
Management Council (Council) will
hold a half-day meeting of its Joint
Coral, Shrimp and Spiny Lobster
Advisory Panels (AP) via webinar.
DATES: The meeting will take place
Monday, September 12 from 1 p.m.–4
p.m., EDT.
ADDRESSES: The meeting will be held
via webinar. Registration information
will be available on the Council’s
website by visiting www.gulfcouncil.org
and clicking on the Meetings Tab and
selecting Advisory Panel meetings, then
Joint Coral, Shrimp and Spiny Lobster
AP meeting.
Council address: Gulf of Mexico
Fishery Management Council, 4107 W
Spruce Street, Suite 200, Tampa, FL
33607; telephone: (813) 348–1630.
FOR FURTHER INFORMATION CONTACT: Dr.
Natasha Mendez-Ferrer, Fishery
Biologist, natasha.mendez@
gulfcouncil.org and Dr. Matt Freeman,
Economist, matt.freeman@
gulfcouncil.org, Gulf of Mexico Fishery
Management Council; telephone: (813)
348–1630.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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Dated: August 22, 2022.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–18350 Filed 8–24–22; 8:45 am]
DEPARTMENT OF DEFENSE
[Docket ID: DOD–2022–OS–0107]
U.S. Court of Appeals for the Armed
Forces Proposed Rules Changes
Office of the Secretary,
Department of Defense.
ACTION: Notice of proposed changes to
the rules of practice and procedure of
the United States Court of Appeals for
the Armed Forces.
AGENCY:
This notice announces a
proposed addition and changes to the
Rules of Practice and Procedure, United
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Malcolm H. Squires, Jr., Clerk of the
Court, telephone (202) 761–1449.
SUPPLEMENTARY INFORMATION: This
notice announces the following
proposed addition of Rule 36B and
changes to Rules 9(e), 21A, 30A(c), and
36(a) of the Rules of Practice and
Procedure, United States Court of
Appeals for the Armed Forces.
Rule 9(e)
Office of the Secretary
PO 00000
FOR FURTHER INFORMATION CONTACT:
Dated: August 19, 2022.
Aaron T. Siegel,
Alternate OSD Federal Liaison Officer,
Department of Defense.
BILLING CODE 3510–22–P
SUMMARY:
States Court of Appeals for the Armed
Forces. Although these rules of practice
and procedure fall within the
Administrative Procedure Act’s
exemptions for notice and comment, the
Department, as a matter of policy, has
decided to make these changes available
for public review and comment before
they are implemented.
DATES: Comments on the proposed
changes must be received by September
26, 2022.
ADDRESSES: You may submit comments,
identified by docket number and title by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov.
• Mail: Department of Defense, Office
of the Assistant to the Secretary of
Defense for Privacy, Civil Liberties, and
Transparency, Regulatory Directorate,
4800 Mark Center Drive, Attn: Mailbox
24, Suite 08D09, Alexandria, VA 22350–
1700.
Instructions: All submissions received
must include the agency name and
docket 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 https://
www.regulations.gov as they are
received without change, including
personal identifiers or contact
information.
Rule 9(e)—Clerk—currently reads:
(e) Hours. The Clerk’s office shall be
open from 8:00 a.m. to 5:00 p.m. every
day except Saturdays, Sundays, and
legal holidays, or as otherwise ordered
by the Court. See Rule 36(a). The Court
is always open for filing of pleadings
and other papers. A pleading or other
paper may be filed outside of normal
operating hours of the Clerk’s office by
delivery to Court security personnel on
duty in the front lobby of the
courthouse. Pleadings will be deemed
filed on the date and time delivered to
Court security personnel. Court security
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Federal Register / Vol. 87, No. 164 / Thursday, August 25, 2022 / Notices
personnel will notify the Clerk of the
filing in accordance with procedures
provided by the Clerk.
The proposed change to Rule 9(e)
would read:
(e) Hours. The Clerk’s office shall
maintain regular operating hours every
day except Saturdays, Sundays, and
legal holidays, or as otherwise ordered
by the Court. See Rule 36(a). A pleading
or other paper may be filed at any time
by delivery to Court security personnel
on duty in the front lobby of the
courthouse or by electronically filing in
accordance with the ‘‘Guidelines for
Electronic Filings of Pleadings’’
available on the Court’s website.
Pleadings will be deemed filed on the
date and time delivered to Court
security personnel or filed
electronically. Court security personnel
will notify the Clerk of the filing in
accordance with procedures established
by the Clerk.
Comment: Currently, Rule 9 makes no
reference to the electronic filing system
as a means of filing outside of the
Court’s regular operating hours.
Electronic filing is the most common
means by which counsel file outside of
work hours. The proposed revision will
make attorneys unfamiliar with the efiling procedures of the Court aware of
it and direct them to the proper
guidelines. The operating hours have
been removed because they do not
accurately represent the hours during
which an attorney may file directly with
the Clerk’s office.
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Rules 21A
Rules 21A—Submissions Under U.S.
v. Grostefon—currently reads:
(b) Grostefon issues shall be identified
by counsel with particularity
substantially in the following form:
*
*
*
*
*
(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
Rule 21A(a).
The proposed change to Rule 21A
would read:
(b) Grostefon issues shall be identified
by counsel with particularity and,
where pertinent, references to the record
of trial must be to the specific page in
the record. Grostefon issues shall be
presented substantially in the following
form:
*
*
*
*
*
(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
Rule 21A(a). An appellee’s answer to
Grostefon issues may be filed no later
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than 20 days after the filing of such
issues.
Comment: The addition of pertinent
page citations to the record for
Grostefon submissions would greatly
facilitate the analysis of the issue; the
rule change recognized that certain
Grostefon issues, such as sentence
severity and general claims of
innocence, are not amenable to citation
to specific pages of the record.
Presently, Rule 21A(c) does not provide
a time frame within which the
government must file its answer. The
inclusion of such a time frame will
create consistency for counsel and
timely review by the Court.
Rule 30A(c)
Rule 30A(c)—Factfinding—currently
reads:
(c) Remand for Factfinding. If an issue
concerning an unresolved material fact
may affect the Court’s resolution of the
case, a party may request, or the Court
may sua sponte order, a remand of the
case or the record to the Court of
Criminal Appeals. If the record is
remanded, the Court retains jurisdiction
over the case. If the case is remanded,
the Court does not retain jurisdiction,
and a new petition for grant of review
or certificate for review will be
necessary if a party seeks review of the
proceedings conducted on remand.
The proposed change to Rule 30A(c)
would read:
(c) Remand for Factfinding. If an issue
concerning an unresolved material fact
may affect the Court’s resolution of the
case, a party may request, or the Court
may sua sponte order, a remand of the
case or the record to the Court of
Criminal Appeals. If the record is
remanded, the Court retains jurisdiction
over the case. See Article 66(f)(3),
UCMJ, 10 U.S.C. 866(f)(3) (2018). If the
case is remanded, the Court does not
retain jurisdiction, and a new petition
for grant of review or certificate for
review will be necessary if a party seeks
review of the proceedings conducted on
remand.
Comment: The cite to Article 66(f)(3)
reflects legislation regarding DuBay
hearings. See United States v. DuBay, 37
C.M.R. 411 (C.M.A. 1967).
Rule 36(a)
Rule 36(a)—Filing of Pleadings—
currently reads:
(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 20442–001,
either in person, by mail, by third-party
commercial carrier. See Rule 37(b)(2).
The proposed change to Rule 21(b)
would read:
PO 00000
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52377
(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 20442–001,
either in person, by mail, by third-party
commercial carrier, or by electronic
filing. See Rule 37(b)(2). Documents
submitted online must conform to the
‘‘Guidelines for Electronic Filings of
Pleadings’’ available on the Court’s
website.
Comment: Presently, Rule 36 makes
no reference to electronic filing—the
most common method utilized by
attorneys—or the Court’s guidelines for
e-filing. The most common practice for
e-filing procedures is to have a separate
handbook available online, as the Court
does, rather than included in the Rules
of Practice and Procedure of the Court
or as a separate rule. The U.S. Court of
Appeals for the Federal Circuit has no
numerical rule, but the Foreword to the
Rules of Appellate Procedure provides a
link to a separate handbook. Rule 29.7
of the Rules of the Supreme Court of the
United States references separate
electronic filing guidelines. Rule 29.7
states only: ‘‘. . . . all filers who are
represented by counsel must submit
documents to the Court’s electronic
filing system in conformity with the
‘Guidelines for the Submission of
Documents to the Supreme Court’s
Electronic Filing System.’’’
Additionally, Rule 25(a)(1) of the U.S.
Court of Veterans Claims’ Rules of
Practice and Procedure directs to that
Court’s E-Rules. Updating Rule 36(a) to
include the information on e-filing will
bring our Court in line with the Article
III and other Article I courts, and will
provide the reader with clear and
accurate instructions on filing with this
Court.
Rule 36B
The proposed Rule 36B would read:
Any reference to the Uniform Code of
Military Justice or the Manual for
Courts-Martial, United States, in any
pleading or other paper filed with the
Court, shall cite the relevant version of
the statute, rule, or other provision, by
date of edition.
Comment: As the UCMJ and the MCM
continue to change, it is imperative that
it is clear exactly which version of the
statute the parties are relying upon.
Including this new rule will allow the
Court to proceed with certainty on
whether the law put forth by counsel
has changed since the initial pleading,
whether counsel is relying on an
outdated version of the statute, and
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whether it may now be inappropriate or
inapplicable.
[FR Doc. 2022–18259 Filed 8–24–22; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. CP21–498–000]
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Columbia Gas Transmission, LLC;
Notice of Availability of the Draft
Environmental Impact Statement for
the Proposed Virginia Electrification
Project
The staff of the Federal Energy
Regulatory Commission (FERC or
Commission) has prepared a draft
environmental impact statement (EIS)
for the Virginia Electrification Project
(Project), proposed by Columbia Gas
Transmission, LLC (Columbia) in the
above-referenced docket. Columbia
requests authorization to construct and
operate natural gas facilities in Virginia.
The Project is designed to provide
35,000 dekatherms per day of
incremental mainline capacity on
Columbia’s pipeline system. The Project
would address a request from Columbia
Gas of Virginia, an unaffiliated local
distribution company, for firm
transportation service to meet growing
energy demand in the southeast Virginia
market area off of Columbia’s existing
VM–107, VM–108, and VM–109
pipelines.
This draft EIS assesses the potential
environmental effects of the
construction and operation of the
Project in accordance with the
requirements of the National
Environmental Policy Act (NEPA).
Columbia’s Project facilities include:
one zero emission electric motor
compressor unit at the Boswells Tavern
Compressor Station located in Louisa
County; facility modifications to the
Boswells Tavern point of receipt located
in Louisa County to allow for increased
capacity; replacement of all five existing
gas-powered compressor units at the
Goochland Compressor Station, located
in Goochland County, with new units
that will run exclusively on electric
motors, but will have the ability to run
on gas in order to ensure reliability; and
change the status of an existing
compressor unit from backup mode to
active mode and increase the site-rated
station horsepower to 5,500 horsepower
at the Petersburg Compressor Station
located in Prince George County. The
FERC staff concludes that approval of
the proposed Project, with the
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16:25 Aug 24, 2022
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mitigation measures recommended in
the EIS, would result in some adverse
environmental impacts; however, with
the exception of climate change
impacts, those impacts would not be
significant. The EIS is not characterizing
the Project’s greenhouse gas emissions
as significant or insignificant because
the Commission is conducting a generic
proceeding to determine whether and
how the Commission will conduct
significance determinations going
forward.1 The EIS also concludes that
no system, route, or other alternative
would meet the Project objective while
providing a significant environmental
advantage over the Project as proposed.
The Commission mailed a copy of the
Notice of Availability of the Draft
Environmental Impact Statement for the
Proposed Virginia Electrification Project
to federal, state, and local government
representatives and agencies; local
libraries; newspapers; elected officials;
Native American Tribes; and other
interested parties. The draft EIS is only
available in electronic format. It may be
viewed and downloaded from the
FERC’s website (www.ferc.gov), on the
natural gas environmental documents
page (https://www.ferc.gov/industriesdata/natural-gas/environment/
environmental-documents). In addition,
the draft EIS may be accessed by using
the eLibrary link on the FERC’s website.
Click on the eLibrary link (https://
elibrary.ferc.gov/eLibrary/search) select
‘‘General Search’’ and enter the docket
number in the ‘‘Docket Number’’ field
(i.e., CP21–498–000). Be sure you have
selected an appropriate date range. For
assistance, please contact FERC Online
Support at FercOnlineSupport@ferc.gov
or toll free at (866) 208–3676, or for
TTY, contact (202) 502–8659.
The draft EIS is not a decision
document. It presents Commission
staff’s independent analysis of the
environmental issues for the
Commission to consider when
addressing the merits of all issues in
this proceeding. Any person wishing to
comment on the draft EIS may do so.
Your comments should focus on the
draft EIS’s disclosure and discussion of
potential environmental effects,
measures to avoid or lessen
environmental impacts and the
completeness of the submitted
alternatives, information, and analyses.
To ensure consideration of your
comments on the proposal in the final
EIS, it is important that the Commission
receive your comments on or before 5:00
p.m. Eastern Time on October 11, 2022.
For your convenience, there are three
methods you can use to submit your
comments to the Commission. The
Commission encourages electronic filing
PO 00000
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Sfmt 4703
of comments and has staff available to
assist you at (866) 208–3676 or
FercOnlineSupport@ferc.gov. Please
carefully follow these instructions so
that your comments are properly
recorded.
(1) You can file your comments
electronically using the eComment
feature on the Commission’s website
(www.ferc.gov) under the link to FERC
Online. This is an easy method for
submitting brief, text-only comments on
a project;
(2) You can file your comments
electronically by using the eFiling
feature on the Commission’s website
(www.ferc.gov) under the link to FERC
Online. With eFiling, you can provide
comments in a variety of formats by
attaching them as a file with your
submission. New eFiling users must
first create an account by clicking on
‘‘eRegister.’’ If you are filing a comment
on a particular project, please select
‘‘Comment on a Filing’’ as the filing
type; or
(3) You can file a paper copy of your
comments by mailing them to the
Commission. Be sure to reference the
project docket number (CP21–498–000)
on your letter. Submissions sent via the
U.S. Postal Service must be addressed
to: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington,
DC 20426. Submissions sent via any
other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225
Wilkins Avenue, Rockville, MD 20852.
Any person seeking to become a party
to the proceeding must file a motion to
intervene pursuant to Rule 214 of the
Commission’s Rules of Practice and
Procedures (18 CFR part 385.214).
Motions to intervene are more fully
described at https://www.ferc.gov/howintervene. Only intervenors have the
right to seek rehearing or judicial review
of the Commission’s decision. The
Commission grants affected landowners
and others with environmental concerns
intervenor status upon showing good
cause by stating that they have a clear
and direct interest in this proceeding
which no other party can adequately
represent. Simply filing environmental
comments will not give you intervenor
status, but you do not need intervenor
status to have your comments
considered.
Questions?
Additional information about the
Project is available from the
Commission’s Office of External Affairs,
at (866) 208–FERC, or on the FERC
website (www.ferc.gov) using the
eLibrary link. The eLibrary link also
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]]>Agencies
[Federal Register Volume 87, Number 164 (Thursday, August 25, 2022)]
[Notices]
[Pages 52376-52378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18259]
=======================================================================
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DOD-2022-OS-0107]
U.S. Court of Appeals for the Armed Forces Proposed Rules Changes
AGENCY: Office of the Secretary, Department of Defense.
ACTION: Notice of proposed changes to the rules of practice and
procedure of the United States Court of Appeals for the Armed Forces.
-----------------------------------------------------------------------
SUMMARY: This notice announces a proposed addition and changes to the
Rules of Practice and Procedure, United States Court of Appeals for the
Armed Forces. Although these rules of practice and procedure fall
within the Administrative Procedure Act's exemptions for notice and
comment, the Department, as a matter of policy, has decided to make
these changes available for public review and comment before they are
implemented.
DATES: Comments on the proposed changes must be received by September
26, 2022.
ADDRESSES: You may submit comments, identified by docket number and
title by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Mail: Department of Defense, Office of the Assistant to
the Secretary of Defense for Privacy, Civil Liberties, and
Transparency, Regulatory Directorate, 4800 Mark Center Drive, Attn:
Mailbox 24, Suite 08D09, Alexandria, VA 22350-1700.
Instructions: All submissions received must include the agency name
and docket 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 https://www.regulations.gov as they are received without change,
including personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Malcolm H. Squires, Jr., Clerk of the
Court, telephone (202) 761-1449.
SUPPLEMENTARY INFORMATION: This notice announces the following proposed
addition of Rule 36B and changes to Rules 9(e), 21A, 30A(c), and 36(a)
of the Rules of Practice and Procedure, United States Court of Appeals
for the Armed Forces.
Dated: August 19, 2022.
Aaron T. Siegel,
Alternate OSD Federal Liaison Officer, Department of Defense.
Rule 9(e)
Rule 9(e)--Clerk--currently reads:
(e) Hours. The Clerk's office shall be open from 8:00 a.m. to 5:00
p.m. every day except Saturdays, Sundays, and legal holidays, or as
otherwise ordered by the Court. See Rule 36(a). The Court is always
open for filing of pleadings and other papers. A pleading or other
paper may be filed outside of normal operating hours of the Clerk's
office by delivery to Court security personnel on duty in the front
lobby of the courthouse. Pleadings will be deemed filed on the date and
time delivered to Court security personnel. Court security
[[Page 52377]]
personnel will notify the Clerk of the filing in accordance with
procedures provided by the Clerk.
The proposed change to Rule 9(e) would read:
(e) Hours. The Clerk's office shall maintain regular operating
hours every day except Saturdays, Sundays, and legal holidays, or as
otherwise ordered by the Court. See Rule 36(a). A pleading or other
paper may be filed at any time by delivery to Court security personnel
on duty in the front lobby of the courthouse or by electronically
filing in accordance with the ``Guidelines for Electronic Filings of
Pleadings'' available on the Court's website. Pleadings will be deemed
filed on the date and time delivered to Court security personnel or
filed electronically. Court security personnel will notify the Clerk of
the filing in accordance with procedures established by the Clerk.
Comment: Currently, Rule 9 makes no reference to the electronic
filing system as a means of filing outside of the Court's regular
operating hours. Electronic filing is the most common means by which
counsel file outside of work hours. The proposed revision will make
attorneys unfamiliar with the e-filing procedures of the Court aware of
it and direct them to the proper guidelines. The operating hours have
been removed because they do not accurately represent the hours during
which an attorney may file directly with the Clerk's office.
Rules 21A
Rules 21A--Submissions Under U.S. v. Grostefon--currently reads:
(b) Grostefon issues shall be identified by counsel with
particularity substantially in the following form:
* * * * *
(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 Rule 21A(a).
The proposed change to Rule 21A would read:
(b) Grostefon issues shall be identified by counsel with
particularity and, where pertinent, references to the record of trial
must be to the specific page in the record. Grostefon issues shall be
presented substantially in the following form:
* * * * *
(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 Rule 21A(a). An appellee's answer to Grostefon
issues may be filed no later than 20 days after the filing of such
issues.
Comment: The addition of pertinent page citations to the record for
Grostefon submissions would greatly facilitate the analysis of the
issue; the rule change recognized that certain Grostefon issues, such
as sentence severity and general claims of innocence, are not amenable
to citation to specific pages of the record. Presently, Rule 21A(c)
does not provide a time frame within which the government must file its
answer. The inclusion of such a time frame will create consistency for
counsel and timely review by the Court.
Rule 30A(c)
Rule 30A(c)--Factfinding--currently reads:
(c) Remand for Factfinding. If an issue concerning an unresolved
material fact may affect the Court's resolution of the case, a party
may request, or the Court may sua sponte order, a remand of the case or
the record to the Court of Criminal Appeals. If the record is remanded,
the Court retains jurisdiction over the case. If the case is remanded,
the Court does not retain jurisdiction, and a new petition for grant of
review or certificate for review will be necessary if a party seeks
review of the proceedings conducted on remand.
The proposed change to Rule 30A(c) would read:
(c) Remand for Factfinding. If an issue concerning an unresolved
material fact may affect the Court's resolution of the case, a party
may request, or the Court may sua sponte order, a remand of the case or
the record to the Court of Criminal Appeals. If the record is remanded,
the Court retains jurisdiction over the case. See Article 66(f)(3),
UCMJ, 10 U.S.C. 866(f)(3) (2018). If the case is remanded, the Court
does not retain jurisdiction, and a new petition for grant of review or
certificate for review will be necessary if a party seeks review of the
proceedings conducted on remand.
Comment: The cite to Article 66(f)(3) reflects legislation
regarding DuBay hearings. See United States v. DuBay, 37 C.M.R. 411
(C.M.A. 1967).
Rule 36(a)
Rule 36(a)--Filing of Pleadings--currently reads:
(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
20442-001, either in person, by mail, by third-party commercial
carrier. See Rule 37(b)(2).
The proposed change to Rule 21(b) would read:
(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
20442-001, either in person, by mail, by third-party commercial
carrier, or by electronic filing. See Rule 37(b)(2). Documents
submitted online must conform to the ``Guidelines for Electronic
Filings of Pleadings'' available on the Court's website.
Comment: Presently, Rule 36 makes no reference to electronic
filing--the most common method utilized by attorneys--or the Court's
guidelines for e-filing. The most common practice for e-filing
procedures is to have a separate handbook available online, as the
Court does, rather than included in the Rules of Practice and Procedure
of the Court or as a separate rule. The U.S. Court of Appeals for the
Federal Circuit has no numerical rule, but the Foreword to the Rules of
Appellate Procedure provides a link to a separate handbook. Rule 29.7
of the Rules of the Supreme Court of the United States references
separate electronic filing guidelines. Rule 29.7 states only: ``. . . .
all filers who are represented by counsel must submit documents to the
Court's electronic filing system in conformity with the `Guidelines for
the Submission of Documents to the Supreme Court's Electronic Filing
System.''' Additionally, Rule 25(a)(1) of the U.S. Court of Veterans
Claims' Rules of Practice and Procedure directs to that Court's E-
Rules. Updating Rule 36(a) to include the information on e-filing will
bring our Court in line with the Article III and other Article I
courts, and will provide the reader with clear and accurate
instructions on filing with this Court.
Rule 36B
The proposed Rule 36B would read:
Any reference to the Uniform Code of Military Justice or the Manual
for Courts-Martial, United States, in any pleading or other paper filed
with the Court, shall cite the relevant version of the statute, rule,
or other provision, by date of edition.
Comment: As the UCMJ and the MCM continue to change, it is
imperative that it is clear exactly which version of the statute the
parties are relying upon. Including this new rule will allow the Court
to proceed with certainty on whether the law put forth by counsel has
changed since the initial pleading, whether counsel is relying on an
outdated version of the statute, and
[[Page 52378]]
whether it may now be inappropriate or inapplicable.
[FR Doc. 2022-18259 Filed 8-24-22; 8:45 am]
BILLING CODE 5001-06-P
