Joint Rules of Appellate Procedure for Courts of Criminal Appeals; Proposed Changes, 69912-69913 [2023-22364]

Download as PDF 69912 Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Notices a blanket public interest determination, as intended, India will be listed as one of the qualifying countries at DFARS 225.872–1(a). While DoD is evaluating India’s laws and regulations in this area, DoD would benefit from U.S. industry’s experience in participating in Indian public defense procurements. DoD is, therefore, asking U.S. firms that have participated or attempted to participate in procurements by or on behalf of India’s Ministry of Defence and Armed Forces to let us know if the procurements were conducted with transparency, integrity, fairness, and due process in accordance with published procedures, and if not, the nature of the problems encountered. DoD is also interested in comments relating to the degree of reciprocity that exists between the United States and India when it comes to the openness of defense procurements to offers of products from the other country. Further, DoD would like to understand the degree to which U.S. industry feels that it would have equal and proportional access to the Indian market as India would have under an RDP Agreement. Jennifer D. Johnson, Editor/Publisher, Defense Acquisition Regulations System. [FR Doc. 2023–22429 Filed 10–6–23; 8:45 am] BILLING CODE 6001–FR–P DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DoD–2023–OS–0083] Joint Rules of Appellate Procedure for Courts of Criminal Appeals; Proposed Changes Joint Rules of Appellate Procedure for Courts of Criminal Appeals (JRAP) Committee, Department of Defense. ACTION: Notice of availability; changes to the JRAP. AGENCY: This notice announces proposed changes to the JRAP, which prescribe uniform rules of procedure for Courts of Criminal Appeals. 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. The proposed changes are a refinement of the JRAP effective January 1, 2019 and implement statutory changes expanding the ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:39 Oct 06, 2023 Jkt 262001 jurisdiction of Courts of Criminal Appeals and creating special trial counsel. The approval authorities for these changes are the Judge Advocates General of the Army, Navy, Air Force, and Coast Guard. DATES: Comments on the proposed changes must be received no later than November 9, 2023. ADDRESSES: The changes to the JRAP are available for review on Regulations.gov in docket DoD–2023–OS–0083. You may submit comments, identified by docket number and title by any of the following methods: • Federal eRulemaking Portal: https://www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. • 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 any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: Christopher Robin Jaramillo, (202) 685– 7695, christopher.r.jaramillo@uscg.mil. SUPPLEMENTARY INFORMATION: The National Defense Authorization Act (NDAA) for Fiscal Year 2022 included several significant amendments to the Uniform Code of Military Justice (UCMJ), 10 U.S.C. 801 et seq. Regarding military appellate practice the NDAA: • Added 10 U.S.C. 824a, creating the Office of the Special Trial Counsel, with exclusive authority over certain victimcentric offenses, known as ‘‘covered offenses.’’ • Amended 10 U.S.C. 866 to expand the jurisdiction of the Courts of Criminal Appeals to all courts-martial resulting in a guilty verdict. The Joint Rules of Appellate Procedure for Courts of Criminal Appeals (JRAP) Committee convened and suggested numerous changes to the JRAP, both to reflect these changes to the UCMJ and to clarify several issues that have been raised by practitioners PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 since the previous version of the JRAP became effective on January 1, 2019. Beyond incorporating the role of the Office of the Special Trial Counsel in appellate procedure, some of the more significant changes to the JRAP include: Æ Changes to Rule 5 to reflect the Courts’ expanded jurisdiction. Æ Changes to Rule 6 to reflect what the record on appeal will be for the new types of appeals. Æ Changes to Rule 16 to clarify procedures for waiver or withdrawal of appellate review. Æ Changes to Rule 18: D To expand on what is required for pro se filings; and D To create procedures for new types of appeals under the Courts’ expanded jurisdiction. Æ Changes to Rule 23 to clarify when the Court will consider factual material not otherwise in the record. Æ Changes to Rule 31 to clarify what is required for a Motion for Reconsideration. Public Participation and Request for Comments Public participation is essential to effective governance and all comments and material received during the comment period will be considered. Your comment can help shape the outcome of the changes to the JRAP. If you submit a comment, please include the docket number for this document, indicate the specific section of this JRAP to which each comment applies, and provide a reason for each suggestion or recommendation. Submitting comments. You may submit comments through the Federal Docket Management Portal at https:// www.regulations.gov. To do so, go to https://www.regulations.gov, type DoD– 2023–OS–0083 in the search box and click ‘‘Search.’’ Next, look for this document in the Search Results column, and click on it. Then click on the Comment option. If you cannot submit your material by using https:// www.regulations.gov, call or email the person in the FOR FURTHER INFORMATION CONTACT section of this proposed rule for alternate instructions. Viewing Material in Docket To view the JRAP mentioned in this notice of availability as being available in the docket, find the docket as described in the previous paragraph, and then select ‘‘Supporting & Related Material’’ in the Document Type column. Public comments will also be placed in the online docket and can be viewed by following instructions on the https://www.regulations.gov Frequently Asked Questions web page. Also, if you E:\FR\FM\10OCN1.SGM 10OCN1 Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Notices click on the Dockets tab and then the notice of availability, you should see a ‘‘Subscribe’’ option for email alerts. This option will notify you when comments are posted, or the final JRAP is published. All comments received will be reviewed, but only comments that address the topic of the changes to the JRAP will be posted. Off-topic, inappropriate, or duplicate comments may not be posted. Personal Information Comments posted to https:// www.regulations.gov may include any personal information you have provided. As a matter of practice, DoD’s Regulatory Directorate does not post personal information to the Regulations.gov public website. DoD’s Regulatory Directorate will pass submitter personal information to the government points-of-contact for this action so they may follow-up on comments for more clarity or additional information. This notice is intended only to improve the internal management of the Federal Government. It is not intended to create any right or benefit, substantive or procedural, enforceable at law by any party against the United States, its agencies, its officers, or any person. Dated: October 3, 2023. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2023–22364 Filed 10–6–23; 8:45 am] BILLING CODE 6001–FR–P ELECTION ASSISTANCE COMMISSION Agency Information Collection Activities; Help America Vote College Program Application Kits U.S. Election Assistance Commission (EAC). ACTION: Notice; request for comment. AGENCY: As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 (PRA), the U.S. Election Assistance Commission (EAC) gives notice that it is requesting from the Office of Management and Budget (OMB) approval for the information collection EAC Help America Vote College Program (HAVCP) Poll Worker and Service Day Mini-grant Program Applications. ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: Comments must be received by 5 p.m. Eastern on Monday, November 6, 2023. ADDRESSES: To view the proposed EAC HAVCP application forms and reporting DATES: VerDate Sep<11>2014 18:39 Oct 06, 2023 Jkt 262001 instruments, see: https://www.eac.gov/ grants/help-america-vote-collegeprogram. For information on the Application kits, contact Tina Bateman, Office of Grants Management, Election Assistance Commission, HAVCP@ eac.gov. All requests and submissions should be identified by the title of the information collection. Written comments and recommendations for the proposed information collection should be sent to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. SUPPLEMENTARY INFORMATION: Previously filed under Title and OMB Number: Help America Vote College Program Application Kit; 88 FR 47133 (Page: 47133–47134; Document Number: 2023–15506). Purpose This proposed information collection was previously published in the Federal Register on July 21, 2023 and allowed 60 days for public comment as described above. The purpose of this notice is to allow 30 days for public comment from all interested individuals and organizations. In compliance with section 3507(a)(1)(D) of the Paperwork Reduction Act (PRA) of 1995, EAC has submitted to the Office of Management and Budget (OMB) a request for review and approval of the information collection listed below. The purpose of this notice is to allow an additional 30 days for public comment from all interested individuals and organizations. The EAC Office of Grants Management (EAC/OGM) is responsible for distributing, monitoring and providing technical assistance to states and grantees on the use of federal funds. EAC/OGM also reports on how the funds are spent to Congress, negotiates indirect cost rates with grantees, and resolves audit findings on the use of Help America Vote Act of 2002 (HAVA) funds. The U.S. Election Assistance Commission (EAC) anticipates the availability of $1 million dollars in discretionary grant funding to support the Help America Vote College Program (HAVCP). The HAVCP grant competition is split into two separate grant programs: the HAVCP Poll Worker Grant and the HAVCP Service Day MiniGrant. Applicant organizations may only apply for one of the two programs. The purpose of the HAVCP Poll Worker Grant is to encourage college students to PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 69913 assist state and local governments in the administration of elections by serving as nonpartisan poll workers or assistants, and to encourage jurisdictions to utilize these efforts. The purpose of the HAVCP Service Day Mini-Grant is to elevate civic participation on college campuses through a day of service and inspire college students to volunteer their time and talents to ensure safe, secure, accessible, and transparent elections. Each program within the EAC Help America Vote College Program has a tailored set of application packages and progress reports based on the needs and aims of the program. A list of documents covered in this information collection for each program is included below. Poll Worker Grant Program • HAVCP Poll Worker Application Form and Guidance • HAVCP Poll Worker Budget Worksheet and Guidance • HAVCP Poll Worker Progress Report Service Day Mini-Grant Program • HAVCP Service Day Mini-Grant Application Form and Guidance • HAVCP Service Day Mini-Grant Progress Report These application packages provide the instruments necessary to collect competitive applications with programspecific information necessary for the College Program. Supporting guidance and instructions are included as applicant resources and to reduce the administrative burden of applying for federal funds. Public Comments We are soliciting public comments to permit the EAC to: • Evaluate whether the proposed information collection is necessary for the proper functions of the Office of Grants Management. • Evaluate the accuracy of our estimate of burden for this proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology. Please note that comments submitted in response to this Notice are public record. Before including any detailed personal information, you should be aware that your comments as submitted, including your personal information, will be available for public review. E:\FR\FM\10OCN1.SGM 10OCN1

Agencies

[Federal Register Volume 88, Number 194 (Tuesday, October 10, 2023)]
[Notices]
[Pages 69912-69913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22364]


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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2023-OS-0083]


Joint Rules of Appellate Procedure for Courts of Criminal 
Appeals; Proposed Changes

AGENCY: Joint Rules of Appellate Procedure for Courts of Criminal 
Appeals (JRAP) Committee, Department of Defense.

ACTION: Notice of availability; changes to the JRAP.

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

SUMMARY: This notice announces proposed changes to the JRAP, which 
prescribe uniform rules of procedure for Courts of Criminal Appeals. 
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. 
The proposed changes are a refinement of the JRAP effective January 1, 
2019 and implement statutory changes expanding the jurisdiction of 
Courts of Criminal Appeals and creating special trial counsel. The 
approval authorities for these changes are the Judge Advocates General 
of the Army, Navy, Air Force, and Coast Guard.

DATES: Comments on the proposed changes must be received no later than 
November 9, 2023.

ADDRESSES: The changes to the JRAP are available for review on 
Regulations.gov in docket DoD-2023-OS-0083. You may submit comments, 
identified by docket number and title by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for further instructions on 
submitting comments.
     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 any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Christopher Robin Jaramillo, (202) 
685-7695, [email protected].

SUPPLEMENTARY INFORMATION: The National Defense Authorization Act 
(NDAA) for Fiscal Year 2022 included several significant amendments to 
the Uniform Code of Military Justice (UCMJ), 10 U.S.C. 801 et seq. 
Regarding military appellate practice the NDAA:
     Added 10 U.S.C. 824a, creating the Office of the Special 
Trial Counsel, with exclusive authority over certain victim-centric 
offenses, known as ``covered offenses.''
     Amended 10 U.S.C. 866 to expand the jurisdiction of the 
Courts of Criminal Appeals to all courts-martial resulting in a guilty 
verdict.
    The Joint Rules of Appellate Procedure for Courts of Criminal 
Appeals (JRAP) Committee convened and suggested numerous changes to the 
JRAP, both to reflect these changes to the UCMJ and to clarify several 
issues that have been raised by practitioners since the previous 
version of the JRAP became effective on January 1, 2019.
    Beyond incorporating the role of the Office of the Special Trial 
Counsel in appellate procedure, some of the more significant changes to 
the JRAP include:
    [cir] Changes to Rule 5 to reflect the Courts' expanded 
jurisdiction.
    [cir] Changes to Rule 6 to reflect what the record on appeal will 
be for the new types of appeals.
    [cir] Changes to Rule 16 to clarify procedures for waiver or 
withdrawal of appellate review.
    [cir] Changes to Rule 18:
    [ssquf] To expand on what is required for pro se filings; and
    [ssquf] To create procedures for new types of appeals under the 
Courts' expanded jurisdiction.
    [cir] Changes to Rule 23 to clarify when the Court will consider 
factual material not otherwise in the record.
    [cir] Changes to Rule 31 to clarify what is required for a Motion 
for Reconsideration.

Public Participation and Request for Comments

    Public participation is essential to effective governance and all 
comments and material received during the comment period will be 
considered. Your comment can help shape the outcome of the changes to 
the JRAP. If you submit a comment, please include the docket number for 
this document, indicate the specific section of this JRAP to which each 
comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. You may submit comments through the Federal 
Docket Management Portal at https://www.regulations.gov. To do so, go 
to https://www.regulations.gov, type DoD-2023-OS-0083 in the search box 
and click ``Search.'' Next, look for this document in the Search 
Results column, and click on it. Then click on the Comment option. If 
you cannot submit your material by using https://www.regulations.gov, 
call or email the person in the FOR FURTHER INFORMATION CONTACT section 
of this proposed rule for alternate instructions.

Viewing Material in Docket

    To view the JRAP mentioned in this notice of availability as being 
available in the docket, find the docket as described in the previous 
paragraph, and then select ``Supporting & Related Material'' in the 
Document Type column. Public comments will also be placed in the online 
docket and can be viewed by following instructions on the https://www.regulations.gov Frequently Asked Questions web page. Also, if you

[[Page 69913]]

click on the Dockets tab and then the notice of availability, you 
should see a ``Subscribe'' option for email alerts. This option will 
notify you when comments are posted, or the final JRAP is published. 
All comments received will be reviewed, but only comments that address 
the topic of the changes to the JRAP will be posted. Off-topic, 
inappropriate, or duplicate comments may not be posted.

Personal Information

    Comments posted to https://www.regulations.gov may include any 
personal information you have provided. As a matter of practice, DoD's 
Regulatory Directorate does not post personal information to the 
Regulations.gov public website. DoD's Regulatory Directorate will pass 
submitter personal information to the government points-of-contact for 
this action so they may follow-up on comments for more clarity or 
additional information. This notice is intended only to improve the 
internal management of the Federal Government. It is not intended to 
create any right or benefit, substantive or procedural, enforceable at 
law by any party against the United States, its agencies, its officers, 
or any person.

    Dated: October 3, 2023.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2023-22364 Filed 10-6-23; 8:45 am]
BILLING CODE 6001-FR-P

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