Federal Register / Vol. 69, No. 21 / Monday, February 2, 2004 / Proposed Rules 4901

or to accompany the Armed Forces 

outside the United States) shall not be 

responsible for the expenses associated 

with the return of the person to the 

overseas location, or the person’s 

subsequent return travel to the United 

States for further court proceedings that 

may be required. 

(f) This part, including its appendices, 

is intended exclusively for the guidance 

of military personnel and civilian 

employees of the Department of 

Defense, and of the United States Coast 

Guard by agreement with the 

Department of Homeland Security. 

Nothing contained in this part creates or 

extends any right, privilege, or benefit to 

any person or entity. See United States

v. Caceres, 440 U.S. 741 (1979).

Appendix A to Part 153—Guidelines 

(a) Civilians employed by the Armed 

Forces outside the United States who commit 

felony offenses while outside the U.S. are 

subject to U.S. criminal jurisdiction under 

the Act, and shall be held accountable for 

their actions, as appropriate. 

(b) Civilians accompanying the Armed 

Forces outside the United States who commit 

felony offenses while outside the U.S. are 

subject to U.S. criminal jurisdiction under 

the Act, and shall be held accountable for 

their actions, as appropriate. 

(c) Former military members who commit 

felony offenses while serving as a member of 

the Armed Forces outside the U.S., but who 

ceased to be subject to UCMJ court-martial 

jurisdiction without having been tried by 

court-martial for such offenses, are subject to 

U.S. criminal jurisdiction under the Act and 

shall be held accountable for their actions, as 

appropriate. 

(d) The procedures of this part and DoD 

actions to implement the Act shall comply 

with applicable international law, Status of 

Forces Agreements, and other international 

agreements affecting relationships and 

activities between the respective host nation 

countries and the U.S. Armed Forces. These 

procedures may be employed outside the 

United States only if the foreign country 

concerned has been briefed or is otherwise 

aware of the Act and has not interposed an 

objection to the application of these 

procedures. Such awareness may come in 

various forms, including but not limited to 

Status of Forces Agreements, Diplomatic 

Notes, Mutual Legal Assistance Treaties, or 

case-by-case arrangements, agreements, or 

understandings with local host nation 

officials. 

(e) Consistent with the long-standing 

policy of maximizing U.S. jurisdiction over 

its citizens, the Act and this part provide a 

mechanism for furthering this objective by 

closing a jurisdictional gap in U.S. law and 

thereby permitting the criminal prosecution 

of covered persons for offenses committed 

outside the United States. In so doing, the 

Act and this part provide, in appropriate 

cases, an alternative to the host nation’s 

exercise of its criminal jurisdiction over 

conduct that is both a violation of the laws 

of the host nation and the U.S. 

(f) In addition to the limitations imposed 

upon prosecutions by section 3261(b) of the 

Act, the Act and these procedures should be 

reserved generally for serious misconduct for 

which administrative or disciplinary 

remedies are determined to be inadequate or 

inappropriate. Because of the practical 

constraints and limitations on the resources 

available to bring these cases to successful 

prosecution in the United States, initiation of 

action under this part would not generally be 

warranted unless serious misconduct was 

involved. Examples of serious misconduct 

might include: 

(1) Frauds against the Government or 

significant attempted or actual theft, damage 

or destruction of Government property; 

(2) Death or serious injury to, attempted 

injury or threatened injury to, or sexual 

assault of a national of the United States, or 

any other person employed by or 

accompanying the Armed Forces outside the 

United States, as defined in §153.3, or 

(3) Conduct that affected adversely or 

threatened to affect adversely the readiness, 

morale, discipline or health of the Armed 

Forces or its members.

Appendix B to Part 153—

Acknowledgment of Limited Legal 

Representation (Sample) 

1. I, llllllll, have been named as 

a suspect or defendant in a matter to which 

I have been advised is subject to the 

jurisdiction of the Military Extraterritorial 

Jurisdiction Act of 2000 (section 3261, et 

seq., of title 18, United States Code.); 

hereinafter referred to as ‘‘the Act’’). I have 

also been informed that certain initial 

proceedings under 18 U.S.C. 3265 may be 

required under this Act, for which I am 

entitled to be represented by legal counsel. 

2. I acknowledge and understand that the 

appointment of military counsel for the 

limited purpose of legal representation in 

proceedings conducted pursuant to the Act 

is dependent upon my being unable to 

retain civilian defense counsel 

representation for such proceedings, due to 

my indigent status, and that qualified 

military defense counsel has been made 

available. 

3. Pursuant to the Act, llllllll, a 

Federal Magistrate Judge, has issued the 

attached Order and has directed that 

military counsel be made available: 

ll For the limited purpose of 

representing me at an initial proceeding 

to be conducted outside the United 

States pursuant to 18 U.S.C. 3265, 

llFor the limited purpose of 

representing me in an initial detention 

hearing to be conducted outside the 

United States pursuant to 18 U.S.C. 

3265(b), 

4. llllllll, military counsel, has 

been made available in accordance with 

Department of Defense Instruction 5525.bb, 

and as directed by the attached Order of a 

Federal Magistrate Judge. 

5. I (do) (do not) wish to be represented by 

llllllll, military counsel lll

(initials). 

6. I understand that the legal representation 

of llllllll, military counsel, is 

limited to: 

a. Representation at the initial proceedings 

conducted outside the United States 

pursuant to 18 U.S.C. 3265. lll

(Initials) 

b. The initial detention hearing to be 

conducted outside the United States 

pursuant to the Military Extraterritorial 

Jurisdiction Act of 2000 (18 U.S.C. 3261, 

et seq.). lll (Initials) 

c. Other proceedings (Specify): 

llllllll. lll (Initials)

lllllllllllllllllllll

(Signature of Person To Be Represented by 

Military Counsel) 

lllllllllllllllllllll

(Signature of Witness)*

Attachment: 

Federal Magistrate Judge Order

(*Note: The witness must be someone other 

than the defense counsel to be made 

available for this limited legal 

representation.)

Dated: January 16, 2004. 

Patricia L. Toppings, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense.

[FR Doc. 04–1868 Filed 1–30–04; 8:45 am] 

BILLING CODE 5001–06–U

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51, 72, 75, and 96 

[FRL–7617–5] 

Public Hearings for Rule To Reduce 

Interstate Transport of Fine Particulate 

Matter and Ozone (Interstate Air 

Quality Rule) and Proposed National 

Emission Standards for Hazardous Air 

Pollutants; and, in the Alternative, 

Proposed Standards of Performance 

for New and Existing Stationary 

Sources: Electric Utility Steam 

Generating Units

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Announcement of public 

hearings. 

SUMMARY: The EPA is announcing three 

public hearings to be held jointly for 

two related proposals that were 

published in the Federal Register on 

January 30, 2004. The hearings are for 

the proposed ‘‘Rule to Reduce Interstate 

Transport of Fine Particulate Matter and 

Ozone (Interstate Air Quality Rule)’’ and 

the ‘‘Proposed National Emission 

Standards for Hazardous Air Pollutants; 

and, in the Alternative, Proposed 

Standards of Performance for New and 

Existing Stationary Sources: Electric 

Utility Steam Generating Units,’’ which 

is also known as the proposed Utility 

Mercury Reductions Rule. The hearings 

will be held concurrently in Chicago, 

Illinois; Philadelphia, Pennsylvania; 

4902 Federal Register / Vol. 69, No. 21 / Monday, February 2, 2004 / Proposed Rules 

and Research Triangle Park, North 

Carolina. Each hearing will last two 

days and is scheduled for February 25 

and 26, 2004. Persons wishing to 

present oral testimony for one or both 

proposals may speak on either day. 

Details of the facility sites for the 

hearings and the starting and ending 

times will be provided on the web sites 

for the rulemakings identified under 

ADDRESSES as soon as the information is 

available. 

The EPA’s proposed Interstate Air 

Quality Rule would reduce emissions of 

sulfur dioxide and nitrogen dioxides in 

29 eastern States and the District of 

Columbia that are significantly 

contributing to fine particulate matter 

and 8-hour ozone nonattainment 

problems in downwind States. Each 

State would be required to adopt control 

measures to meet specific statewide 

emission reduction requirements. The 

EPA believes that the most cost-effective 

way for States to achieve the required 

reductions would be to regulate utilities 

under a cap-and-trade program similar 

to EPA’s highly successful Acid Rain 

Program. The proposed Utility Mercury 

Reductions Rule provides options that 

would reduce mercury emissions and 

would set a mandatory, declining cap 

on the total mercury emissions allowed 

from utilities nationwide. The proposal 

also would reduce nickel emissions 

from utilities. The EPA is coordinating 

these rulemakings to allow the 

emissions reductions to be achieved in 

the most cost-effective manner by 

sources affected by both actions.

DATES: The public hearings will be held 

on February 25 and 26, 2004. Please 

refer to SUPPLEMENTARY INFORMATION for 

additional information on the public 

hearings.

ADDRESSES: The hearings will be held 

concurrently in Chicago, Illinois; 

Philadelphia, Pennsylvania; and 

Research Triangle Park, North Carolina. 

Written comments on these proposed 

rules may also be submitted to EPA 

electronically, by mail, by facsimile, or 

through hand delivery/courier. Please 

refer to the proposals for the addresses 

and detailed instructions. 

Documents relevant to this action are 

available for public inspection at the 

EPA Docket Center, located at 1301 

Constitution Avenue, NW, Room B102, 

Washington, DC between 8:30 a.m. and 

4:30 p.m., Monday through Friday, 

excluding legal holidays. A reasonable 

fee may be charged for copying. 

Documents are also available through 

EPA’s electronic Docket system at http:/

/www.epa.gov/edocket.

The EPA Web sites for the 

rulemakings, which will include 

information about the public hearings, 

are at http://www.epa.gov/

interstateairquality and http://

www.epa.gov/mercury.

FOR FURTHER INFORMATION CONTACT: If 

you would like to speak at the public 

hearings or have questions concerning 

the public hearings, please contact 

JoAnn Allman at the address given 

below under SUPPLEMENTARY

INFORMATION. Questions concerning the 

Interstate Air Quality Rule should be 

addressed to Scott Mathias, U.S. EPA, 

Office of Air Quality Planning and 

Standards, Air Quality Strategies and 

Standards Division (C539–01), Research 

Triangle Park, NC 27711, telephone 

number (919) 541–5310, e-mail at 

mathias.scott@epa.gov. Questions 

concerning the Utility Mercury 

Reductions Rule should be addressed to 

William Maxwell, U.S. EPA, Office of 

Air Quality Planning and Standards, 

Emission Standards Division, 

Combustion Group (C439–01), Research 

Triangle Park, NC 27711, telephone 

number (919) 541–5430, fax number 

(919) 541–5450, e-mail at 

maxwell.bill@epa.gov.

SUPPLEMENTARY INFORMATION: 

Public Hearings 

The public hearings will provide 

interested parties the opportunity to 

present data, views, or arguments 

concerning the proposed rules. The EPA 

may ask clarifying questions during the 

oral presentations, but will not respond 

to the presentations at that time. Written 

statements and supporting information 

submitted during the comment period 

will be considered with the same weight 

as any oral comments and supporting 

information presented at the public 

hearings. Written comments must be 

postmarked by the last day of the 

comment period, as specified in the 

proposals. 

If you would like to present oral 

testimony at the hearings, please notify 

JoAnn Allman, U.S. EPA, Office of Air 

Quality Planning and Standards, Air 

Quality Strategies and Standards 

Division, C539–02, Research Triangle 

Park, NC 27711, telephone (919) 541–

1815, e-mail allman.joann@epa.gov no 

later than February 20, 2004. She will 

provide you with a specific time and 

date to speak. Oral testimony will be 

limited to 10 minutes for each 

commenter to address either or both 

proposals. We will not be providing 

equipment for commenters to show 

overhead slides or make computerized 

slide presentations unless we receive 

special requests in advance. 

Commenters should notify JoAnn 

Allman if they will need specific 

equipment. The hearing schedules, 

including lists of speakers, will be 

posted on EPA’s Web pages for the 

proposals at http://www.epa.gov/

interstateairquality and http://

www.epa.gov/mercury prior to the 

hearing. Verbatim transcripts of the 

hearings and written statements will be 

included in the rulemaking dockets. 

How Can I Get Copies of This 

Document and Other Related 

Information? 

The EPA has established the official 

public docket for the Interstate Air 

Quality Rule under Docket ID No. OAR–

2003–0053. The EPA has established the 

official public docket for the Utility 

Mercury Reductions Rule under Docket 

ID No. OAR–2002–0056. The EPA has 

also developed web sites for the 

proposals at the addresses given above. 

Please refer to the proposals, which 

were published in the Federal Register

on January 30, 2004, for detailed 

information on accessing information 

related to the proposals.

Dated: January 28, 2004. 

Anna B. Duncan, 

Acting Director, Office of Air Quality Planning 

and Standards.

[FR Doc. 04–2152 Filed 1–30–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52

[TN–257–200402(b); FRL–7616–1] 

Approval and Promulgation of 

Implementation Plans, Tennessee: 

Knox County Maintenance Plan Update

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA is proposing to 

approve revisions to the Tennessee State 

Implementation Plan (SIP) submitted by 

the Tennessee Department of 

Environment and Conservation (TDEC) 

on August 20, 2003. This SIP revision 

satisfies the requirement of the Clean 

Air Act as amended in 1990 (CAA) for 

the 10-year update of the Knox County 

1-hour ozone maintenance plan. In the 

final rules section of this Federal 

Register, the EPA is approving the 

State’s SIP revision as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no significant material and 

adverse comments are received in