[Federal Register Volume 69, Number 74 (Friday, April 16, 2004)]
[Rules and Regulations]
[Page 20540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8628]


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DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 719

RIN 0703-AA75


Regulations Supplementing the Manual for Courts-Martial

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

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SUMMARY: The Department of the Navy is amending its regulations 
concerning the closure of pre-trial hearings from the public to reflect 
recent changes to Chapter I of the Manual of the Judge Advocate General 
(JAGMAN).

DATES: Effective April 16, 2004.

FOR FURTHER INFORMATION CONTACT: LCDR Jason Baltimore, Personnel Law 
Branch, Administrative Law Division (Code 13), Office of the Judge 
Advocate General, 1322 Patterson Avenue SE., Suite 3000, Washington 
Navy Yard, DC 20374-5066, (703) 604-8208.

SUPPLEMENTARY INFORMATION: Pursuant to the authority cited below, the 
Department of the Navy amends 32 CFR part 719. This amendment provides 
notice that the Judge Advocate General of the Navy has made 
administrative corrections to the Courts-Martial regulations found in 
Chapter I of the JAGMAN. It has been determined that invitation of 
public comment on this amendment would be impractical and unnecessary, 
and is therefore not required under the public rule-making provisions 
of 32 CFR parts 336 and 701. However, interested persons are invited to 
comment in writing on this amendment. All written comments received 
will be considered in making subsequent amendments or revisions of 32 
CFR part 719, or the instructions on which they are based. It has been 
determined that this final rule 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. This 
submission is a statement of policy and as such can be effective upon 
publication in the Federal Register.

Matters of Regulatory Procedure

Executive Order 12866, Regulatory Planning and Review

    This rule does not meet the definition of ``significant regulatory 
action'' for purposes of Executive Order 12866, as amended by Executive 
Order 13258.

Regulatory Flexibility Act

    This rule will not have a significant economic impact on a 
substantial number of small entities for purposes of the Regulatory 
Flexibility Act (5 U.S.C. Chapter 6).

Paperwork Reduction Act

    This rule does not impose collection of information requirements 
for purposes of the Paperwork Reduction Act (44 U.S.C. Chapter 35, 5 
CFR part 1320).

List of Subjects in 32 CFR Part 719

    Trial Matters.

0
For the reasons set forth in the preamble, 32 CFR Part 719 is amended 
to read as follows:
0
1. Section 719.115 is amended by revising paragraph (b)(2) to read as 
follows:


Sec.  719.115  Release of information pertaining to accused persons; 
spectators at judicial sessions.

* * * * *
    (b) * * *
    (2) At pretrial investigations. Consistent with Rules for Courts-
Martial 405(h)(3), Manual for Courts-Martial, the Convening Authority 
or investigating officer may direct that all or part of an Article 32 
investigation under 10 U.S.C. 832 be held in closed session and that 
all persons not connected with the hearing be excluded therefrom. The 
decision to exclude spectators may be based on the need to protect 
classified information, to prevent disclosure of matters that will be 
inadmissible in evidence at a subsequent trial by Courts-Martial and 
are of such a nature as to interfere with a fair trial by an impartial 
tribunal, or consistent with appellate case law, for a reason deemed 
appropriate by the commander ordering the investigation or the 
investigating officer. The reasons for closing an Article 32 
investigation, and any objections thereto, shall be memorialized and 
included as an attachment to the report of investigation. Ordinarily, 
the proceedings of a pretrial investigation should be open to 
spectators. In cases dealing with classified information, the 
investigating officer will ensure that any part of a pretrial 
investigation (e.g., rights advisement) that does not involve 
classified information will remain open to spectators.
* * * * *

    Dated: April 5, 2004.
J.T. Baltimore,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Alternate Federal Register Liaison Officer.
[FR Doc. 04-8628 Filed 4-15-04; 8:45 am]
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