[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Rules and Regulations]
[Page 57825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26433]



Office of the Secretary

32 CFR Parts 9, 10, 11, 12, 13, 14, 15, 16, and 17

[Docket ID: DOD-2017-OS-0062]
RIN 0790-AJ58

Military Commissions

AGENCY: Office of the General Counsel, DoD.

ACTION: Final rule.


SUMMARY: The Department of Defense is removing its regulations 
regarding procedures for the conduct of military commissions to try 
certain terror suspects for war crimes because the subchapter, which 
contains eleven parts, is outdated and no longer in force.

DATES: This rule is effective on December 8, 2017.

FOR FURTHER INFORMATION CONTACT: Gerald Dziecichowicz at 703-693-9958.

SUPPLEMENTARY INFORMATION: On November 13, 2001, President George W. 
Bush issued the Military Order titled ``Detention, Treatment, and Trial 
of Certain Non-Citizens in the War Against Terrorism,'' which 
authorized the use of military commissions to try certain terror 
suspects for war crimes. Pursuant to section 4 of that order, the 
Secretary of Defense issued policies and procedures for the conduct of 
those proceedings, which were codified at 32 CFR chapter I, subchapter 
B. In 2006, the Supreme Court essentially invalidated that military 
commissions process. Congress subsequently passed several laws 
reshaping and reauthorizing the use of military commissions, which 
required the Secretary of Defense to issue new policies and procedures. 
These updated directives are publicly available and posted to a 
department Web site. Accordingly, this subchapter, which contains 
eleven parts, is outdated, no longer in force, and should be removed 
from the Code of Federal Regulations.
    It has been determined that publication of this CFR subchapter 
removal for public comment is impracticable, unnecessary, and contrary 
to public interest because it is based on removing outdated policies 
and procedures.
    As this repeal removes information that is now obsolete from the 
CFR, there is no cost savings to the public for the repeal of this 

List of Subjects in 32 CFR Parts 9, 10, 11, 12, 13, 14, 15, 16, and 

    Military law.


Accordingly, by the authority of 5 U.S.C. 301, title 32, subtitle A, 
chapter I of the Code of Federal Regulations is amended by removing and 
reserving subchapter B, consisting of parts 9, 10, 11, 12, 13, 14, 15, 
16, 17, 19, and 20.

    Dated: December 4, 2017.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2017-26433 Filed 12-7-17; 8:45 am]