[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Notices]
[Page 12082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4927]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DOD-2011-OS-0028]


U.S. Court of Appeals for the Armed Forces Proposed Rules Changes

AGENCY: 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.

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SUMMARY: This notice announces the following proposed changes to Rules 
9(e) and 41(b) of the Rules of Practice and Procedure, United States 
Court of Appeals for the Armed Forces.

DATES: Comments on the proposed change must be received within 30 days 
of the date of this notice.

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.
     Mail: Federal Docket Management System Office, 1160 
Defense Pentagon, OSD Mailroom 3C843, Washington, DC 20301-1160.
    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 http://www.regulations.gov as they are received without change, 
including personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: William A. DeCicco, Clerk of the 
Court, telephone (202) 761-1448.

    Dated: March 1, 2011.
Morgan F. Park,
Alternate OSD Federal Liaison Officer, Department of Defense.

Rule 9(e)

    Rule 9(e) currently reads:
    (e) Hours. The Clerk's office shall be open for the filing of 
pleadings and other papers from 8 a.m. to 5 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 the U.S. 
Marshal on duty in the front lobby of the courthouse. Pleadings will be 
deemed filed on the date and time delivered to the U.S. Marshal. The 
U.S. Marshal 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 be open for the filing of 
pleadings and other papers from 8 a.m. to 5 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 personnel will notify the Clerk of 
the filing in accordance with procedures provided by the Clerk.
    Comment: The proposed change modifies the term ``U.S. Marshal'' in 
three places to ``Court security personnel.'' The reason for the change 
is that security for the Court is now provided by the Pentagon Force 
Protection Agency, and not the U.S. Marshals Service. The change will 
therefore more accurately describe the officers on duty.

Rule 41(b)

    Rule 41(b) currently reads:
    (a) The photographing, televising, recording, or broadcasting of 
any session of the Court or other activity relating thereto is 
prohibited unless authorized by the Court.
    (b) Any violation of this rule will be deemed a contempt of this 
Court and, after due notice and hearing, may be punished accordingly. 
See 18 U.S.C. 401.
    The proposed change to Rule 41(b) would read:
    (a) The photographing, televising, recording, or broadcasting of 
any session of the Court or other activity relating thereto is 
prohibited unless authorized by the Court.
    (b) Any violation of this rule will be deemed a contempt of this 
Court and, after due notice and hearing, may be punished accordingly. 
See Article 48, UCMJ.
    Comment: In the recent National Defense Authorization Act, Congress 
amended Article 48, Uniform Code of Military Justice, to give express 
contempt power to the United States Court of Appeals for the Armed 
Forces. The proposed change reflects this direct grant of authority to 
the Court.

[FR Doc. 2011-4927 Filed 3-3-11; 8:45 am]
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