Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Notices 47785 

States Treasury. Upon the failure of 

Maran to make the foregoing payment 

when due, interest on the unpaid 

amount shall accrue and be paid by 

Maran at the federal legal rate of interest 

set forth at 28 U.S.C. 1961(a) and (b). 

Provisionally accepted and 

provisional Order issued on the 4th day 

of September 2009. 

By Order of the Commission. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product 

Safety Commission. 

[FR Doc. E9–22399 Filed 9–16–09; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DoD–2009–OS–0133] 

Manual for Courts-Martial; Proposed 

Amendments 

AGENCY: Joint Service Committee on 

Military Justice (JSC), DOD. 

ACTION: Notice of Proposed 

Amendments to the Manual for CourtsMartial, United States (2008 ed.) (MCM) 

and Notice of Public Meeting. 

SUMMARY: The Department of Defense is 

considering recommending changes to 

the Manual for Courts-Martial, United 

States (2008 Edition) (MCM). The 

proposed changes constitute the 2009 

annual review required by the MCM and 

DoD Directive 5500.17, ‘‘Role and 

Responsibilities of the Joint Service 

Committee (JSC) on Military Justice,’’ 

May 3, 2003 (DoD Directive 5500.17). 

The proposed changes concern the rules 

of procedure and evidence and the 

punitive articles applicable in trials by 

courts-martial. These proposed changes 

have not been coordinated within the 

Department of Defense under DoD 

Directive 5500.1, ‘‘Preparation, 

Processing and Coordinating 

Legislation, Executive Orders, 

Proclamations, Views Letters 

Testimony,’’ June 15, 2007, and do not 

constitute the official position of the 

Department of Defense, the Military 

Departments, or any other Government 

agency. 

This notice also sets forth the date, 

time and location for the public meeting 

of the JSC to discuss the proposed 

changes. 

This notice is provided in accordance 

with DoD Directive 5500.17. 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. 

In accordance with paragraph III.B.4 

of the Internal Organization and 

Operating Procedures of the JSC, the 

committee also invites members of the 

public to suggest changes to the Manual 

for Courts-Martial. 

DATES: Comments on the proposed 

changes must be received no later than 

November 16, 2009, to be assured 

consideration by the JSC. A public 

meeting for comments will be held on 

October 29, 2009 at 10:30 a.m. 

ADDRESSES: A public meeting for 

comments will be held on October 29, 

2009, at 10:30 a.m. in the 8th Floor 

Conference Room, 1501 Wilson Blvd., 

Rosslyn, VA 22209–2460. 

You may submit comments, identified 

by docket number and title, by any of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

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 any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Commander Stacia 

Gawronski, Executive Secretary, Joint 

Service Committee on Military Justice, 

Office of the Judge Advocate General, 

Criminal Law Division (Code 20), 1254 

Charles Morris Street, SE., Suite B01, 

Washington Navy Yard, District of 

Columbia 20374, (202) 685–7683, e-mail 

stacia.gawronski@navy.mil. 

SUPPLEMENTARY INFORMATION: The 

proposed amendments by Executive 

Order to the MCM are as follows: 

Section 1. Part III of the Manual for 

Courts-Martial, United States, is 

amended as follows: 

(a) M.R.E. 504 (c)(2)(D) is added to 

read as follows: ‘‘(D) Where both parties 

have been substantial participants in 

illegal activity, those communications 

between the spouses during the 

marriage regarding the illegal activity in 

which they have jointly participated are 

not marital communications for 

purposes of the privilege in subdivision 

(b), and are not entitled to protection 

under the privilege in subdivision (b).’’ 

(b) The following amendments 

conform M.R.E. 609 to F.R.E. 609: 

(1) M.R.E. 609 (a) is amended to 

substitute the words ‘‘character for 

truthfulness’’ for the word ‘‘credibility.’’ 

(2) M.R.E. 609 (a)(2) is amended to 

substitute the words ‘‘regardless of the 

punishment, if it readily can be 

determined that establishing the 

elements of the crime required proof or 

admission of an act of dishonesty or 

false statement by the witness’’ for the 

words ‘‘if it involved dishonesty or false 

statement, regardless of the 

punishment.’’ 

(3) M.R.E. 609(c) is amended to 

substitute the words ‘‘a subsequent 

crime that was punishable by death, 

dishonorable discharge, or 

imprisonment in excess of one year’’ for 

the words ‘‘a subsequent crime which 

was punishable by death, dishonorable 

discharge, or imprisonment in excess of 

one year.’’ 

Section 2. Part IV of the Manual for 

Courts-Martial, United States, is 

amended as follows: 

(a) Paragraph 13, Article 89, 

Disrespect toward a superior 

commissioned officer, paragraph c.(1) is 

amended to substitute the words 

‘‘uniformed service’’ for ‘‘armed forces’’ 

everywhere the words ‘‘armed forces’’ 

appear in that paragraph. This change is 

made to clarify that the uniformed 

officers of the Public Health Service and 

the National Oceanographic and 

Atmospheric Administration, when 

assigned to and serving with the armed 

forces, are included in the definition of 

a superior commissioned officer. 

(b) A clerical amendment is made to 

Paragraph 35, Article 111, Drunken or 

reckless operation of vehicle, aircraft or 

vessel, paragraph f to read as follows: 

‘‘(f) Sample Specification. 

In that ___ (personal jurisdiction 

data), did (at/on board—location) 

(subject matter jurisdiction data, if 

required), on or about ___, 20 l, (in the 

motor pool area) (near the Officer’s 

Club) (at the intersection of ___ and ___) 

(while in the Gulf of Mexico) (while in 

flight over North America) physically 

control [a vehicle, to wit: (a truck) (a 

passenger car) (___)] [an aircraft, to wit: 

(an AH–64 helicopter) (an F–14A 

fighter) (a KC–135 tanker) (___)] [a 

vessel, to wit: (the aircraft carrier USS 

___) (the Coast Guard Cutter ___) (___)], 

[while drunk] [while impaired by ___] 

[while the alcohol concentration in his 

(blood or breath) equaled or exceeded 

the applicable limit under subparagraph 

(b) of the text of the statute in paragraph 

35 as shown by chemical analysis] [in 

a (reckless) (wanton) manner by 

(attempting to pass another vehicle on a 

sharp curve) (by ordering that the 


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47786 Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Notices 

aircraft be flown below the authorized 

altitude)] [and did thereby cause said 

(vehicle) (aircraft) (vessel) to (strike and) 

(injure __)].’’ 

(c) A clerical amendment is made to 

Paragraph 48, Article 123, Forgery, 

paragraph c.(4) to add the word ‘‘to’’ 

after the word ‘‘liability’’ the second 

time it appears in the fifth sentence. 

(d) Paragraph 68b. is added as 

follows: 

‘‘68b. Article 134—(Child 

pornography) 

a. Text. See paragraph 60. 

b. Elements. 

(1) Possessing, receiving, or viewing 

child pornography. 

(a) That the accused knowingly and 

wrongfully possessed, received or 

viewed child pornography; and 

(b) That under the circumstances, the 

conduct of the accused was to the 

prejudice of good order and discipline 

in the armed forces or was of a nature 

to bring discredit upon the armed 

forces. 

(2) Possessing child pornography with 

intent to distribute. 

(a) That the accused knowingly and 

wrongfully possessed child 

pornography; 

(b) That the possession was with the 

intent to distribute; and 

(c) That under the circumstances, the 

conduct of the accused was to the 

prejudice of good order and discipline 

in the armed forces or was of a nature 

to bring discredit upon the armed 

forces. 

(3) Distributing child pornography. 

(a) That the accused knowingly and 

wrongfully distributed child 

pornography to another; and 

(b) That under the circumstances, the 

conduct of the accused was to the 

prejudice of good order and discipline 

in the armed forces or was of a nature 

to bring discredit upon the armed 

forces. 

(4) Producing child pornography. 

(a) That the accused knowingly and 

wrongfully produced child 

pornography; and 

(b) That under the circumstances, the 

conduct of the accused was to the 

prejudice of good order and discipline 

in the armed forces or was of a nature 

to bring discredit upon the armed 

forces. 

c. Explanation. 

(1) It is not a defense to any offense 

under this paragraph that the minor 

depicted was not an actual person or 

did not actually exist. 

(2) An accused may not be convicted 

of possessing, receiving, viewing, 

distributing, or producing child 

pornography, if he was not aware of the 

contraband nature of the visual 

depictions. Awareness may be inferred 

from circumstantial evidence such as 

the name of a computer file. 

(3) ‘‘Child Pornography’’ means any 

visual depiction of a minor, or what 

appears to be a minor, engaging in 

sexually explicit conduct. 

(4) ‘‘Distributing’’ means delivering to 

the actual or constructive possession of 

another. 

(5) ‘‘Minor’’ means any person under 

the age of 18 years; 

(6) ‘‘Possessing’’ means exercising 

control of something. Possession may be 

direct physical custody like holding an 

item in one’s hand, or it may be 

constructive, as in the case of a person 

who hides something in a locker or a car 

to which that person may return to 

retrieve it. Possession must be knowing 

and conscious. Possession inherently 

includes the power or authority to 

preclude control by others. It is possible 

for more than one person to possess an 

item simultaneously, as when several 

people share control over an item. 

(7) ‘‘Producing’’ means creating or 

manufacturing. As used in this 

paragraph, it refers to making child 

pornography that did not previously 

exist. It does not include reproducing or 

copying. 

(8) ‘‘Sexually explicit conduct’’ means 

actual or simulated: 

(a) Sexual intercourse or sodomy, 

including genital-genital, oral-genital, 

anal-genital, or oral-anal, whether 

between persons of the same or opposite 

sex; 

(b) Bestiality; 

(c) Masturbation; 

(d) Sadistic or masochistic abuse; or 

(e) Lascivious exhibition of the 

genitals or pubic area of any person. 

(9) ‘‘Visual depiction’’ includes 

undeveloped film and videotape, and 

data stored on a computer disk or by 

electronic means which is capable of 

conversion into a visual image, and also 

includes any photograph, film, video, 

picture, digital image or picture, or 

computer image or picture, whether 

made or produced by electronic, 

mechanical, or other means. 

(10) Affirmative defenses. 

It shall be an affirmative defense to a 

charge of possessing child pornography 

that the accused promptly and in good 

faith, and without retaining or allowing 

any person, other than a law 

enforcement agency, to access any such 

visual depiction: 

(a) Took reasonable steps to destroy 

each such visual depiction; or 

(b) Reported the matter to a law 

enforcement agency and afforded that 

agency access to each such visual 

depiction. 

(11) On motion of the government, in 

any prosecution under this paragraph, 

except for good cause shown, the name, 

address, social security number, or other 

nonphysical identifying information, 

other than the age or approximate age, 

of any minor who is depicted in any 

child pornography or visual depiction 

or copy thereof shall not be admissible 

and may be redacted from any otherwise 

admissible evidence, and the panel shall 

be instructed, upon request of the 

Government, that it can draw no 

inference from the absence of such 

evidence. 

d. Lesser included offenses. 

(1) Possessing, receiving, or viewing 

child pornography. 

Article 80—attempts. 

(2) Possessing child pornography with 

intent to distribute. 

Article 80—attempts. 

Article 134—possessing child 

pornography. 

(3) Distributing child pornography. 

Article 80—attempts. 

Article 134—possessing child 

pornography. 

Article 134—possessing child 

pornography with intent to distribute. 

(4) Producing child pornography. 

Article 80—attempts. 

Article 134—possessing child 

pornography. 

e. Maximum punishment. 

(1) Possessing, receiving or viewing 

child pornography. Dishonorable 

discharge, forfeiture of all pay and 

allowances, and confinement for 10 

years. 

(2) Possessing child pornography with 

intent to distribute. Dishonorable 

discharge, forfeiture of all pay and 

allowances, and confinement for 15 

years. 

(3) Distributing child pornography. 

Dishonorable discharge, forfeiture of all 

pay and allowances, and confinement 

for 20 years. 

(4) Producing child pornography. 

Dishonorable discharge, forfeiture of all 

pay and allowances, and confinement 

for 30 years. 

f. Sample specification. 

Possessing, receiving, viewing, 

possessing with intent to distribute, 

distributing or producing child 

pornography. 

In that ll (personal jurisdiction 

data), did, at ll, on or about ll 

20l, knowingly and wrongfully 

(possess) (receive) (view) (distribute) 

(produce) child pornography, to wit: a 

(photograph) (video) (film) (picture) 

(digital image) (computer image) of a 

minor, or what appears to be a minor, 

engaging in sexually explicit conduct, 

(with intent to distribute the said child 

pornography).’’ 

Section. 3. These amendments shall 

take effect 30 days from the date of this 

order. 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Notices 47787 

(a) Nothing in these amendments 

shall be construed to make punishable 

any act done or omitted prior to the 

effective date of this order that was not 

punishable when done or omitted. 

(b) Nothing in these amendments 

shall be construed to invalidate any 

nonjudicial punishment proceedings, 

restraint, investigation, referral of 

charges, trial in which arraignment 

occurred, or other action begun prior to 

the effective date of this order, and any 

such nonjudicial punishment, restraint, 

investigation, referral of charges, trial, or 

other action may proceed in the same 

manner and with the same effect as if 

these amendments had not been 

prescribed. 

The White House 

Changes to the Discussion 

accompanying the Manual for Courts 

Martial, United States 

(a) A clerical amendment is made to 

the first paragraph of the Discussion 

following R.C.M. 1107(d)(1) to correctly 

reference R.C.M. 1003(b)(5) and (6) 

instead of R.C.M. 1003(b)(6) and (7). 

Dated: September 14, 2009. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. E9–22405 Filed 9–16–09; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Defense Science Board Meeting 

AGENCY: Department of Defense. 

ACTION: Notice of advisory committee 

meeting. 

SUMMARY: The Defense Science Board 

will meet in closed session on October 

28–29, 2009 to discuss interim finding 

and recommendations resulting from 

ongoing Task Force activities. The 

Board will also discuss plans for future 

consideration of scientific and technical 

aspects of specific strategies, tactics, and 

policies as they may affect the U.S. 

national defense posture and homeland 

security. 

DATES: The meeting will be held 

October 28–29, 2009, and is closed to 

the public. 

ADDRESSES: The meeting will be held at 

the Pentagon, Arlington, VA. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Debra Rose, Executive Officer, Defense 

Science Board, 3140 Defense Pentagon, 

Room 3B888A, Washington, DC 20301– 

3140, via e-mail at debra.rose@osd.mil, 

or via phone at (703) 571–0084. 

SUPPLEMENTARY INFORMATION: The 

mission of the Defense Science Board is 

to advise the Secretary of Defense and 

the Under Secretary of Defense for 

Acquisition, Technology and Logistics 

on scientific and technical matters as 

they affect the perceived needs of the 

Department of Defense. At this meeting, 

the Board will discuss interim finding 

and recommendations resulting from 

ongoing Task Force activities. The 

Board will also discuss plans for future 

consideration of scientific and technical 

aspects of specific strategies, tactics, and 

policies as they may affect the U. S. 

national defense posture and homeland 

security. 

In accordance with section 10(d) of 

the Federal Advisory Committee Act, 

Public Law 92–463, as amended (5 

U.S.C. App. 2) and 41 CFR 102–3.155, 

the Department of Defense has 

determined that the Defense Science 

Board meeting will be closed to the 

public. Specifically, the Under Secretary 

of Defense (Acquisition, Technology 

and Logistics), with the coordination of 

the DoD Office of General Counsel, has 

determined in writing that all sessions 

of these meetings will be closed to the 

public because they will be concerned 

throughout with matters listed in 5 

U.S.C. 552b(c)(1). 

Written Statements: 

Interested persons may submit a 

written statement for consideration by 

the Defense Science Board. Individuals 

submitting a written statement must 

submit their statement to the Designated 

Federal Official (see FOR FURTHER

INFORMATION CONTACT), at any point, 

however, if a written statement is not 

received at least 10 calendar days prior 

to the meeting, which is the subject of 

this notice, then it may not be provided 

to or considered by the Defense Science 

Board. The Designated Federal Official 

will review all timely submissions with 

the Defense Science Board Chairperson, 

and ensure they are provided to 

members of the Defense Science Board 

before the meeting that is the subject of 

this notice. 

Dated: September 14, 2009. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. E9–22400 Filed 9–16–09; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Meeting of the Department of Defense 

Wage Committee 

AGENCY: Civilian Personnel 

Management Service (Wage and Salary 

Division), DoD. 

ACTION: Notice of meeting. 

SUMMARY: Under the provisions of 

section 10[d] of the Federal Advisory 

Committee Act of 1972, Public Law 92– 

463, it is hereby determined that every 

Wage Committee meeting concerns 

matters listed in 5 U.S.C. 552b[c][2] and 

5 U.S.C. 552b[c][4], and that, 

accordingly, the meeting will be closed 

to the public. The DoD announces that 

the Department of Defense Wage 

Committee will meet in September, 

October, November and December 2009. 

DATES: A meeting will convene at 10 

a.m. on September 22, 2009. Additional 

meetings will be held on October 6 and 

20, November 3 and 17, and December 

1, 15, and 29, 2009. 

ADDRESSES: The meetings will be held at 

1400 Key Boulevard, Level A, Room 

A101, Rosslyn, Virginia 22209–5144. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Craig Jerabek, Designated Federal 

Officer for the Department of Defense 

Wage Committee, 1400 Key Boulevard, 

Suite A105, Arlington, Virginia 22209– 

5144, Telephone: (703) 696–1735, Fax: 

(703) 696–5472, E-mail: 

craig.jerabek@cpms.osd.mil. 

SUPPLEMENTARY INFORMATION: 

Purpose of Meeting: 

The Committee will receive, review, 

and consider wage survey 

specifications, wage survey data, local 

wage survey committee reports and 

recommendations, and wage schedules 

derived therefrom. 

The Department of Defense Wage and 

Salary Division was unable to finalize 

its agenda in time to publish notice of 

its September 22, 2009, meeting in the 

Federal Register for the 15-calendar 

days required by 41 CFR 102–3.150(a). 

In order to meet legal effective dates, the 

meeting date cannot be changed. 

Accordingly, the Committee 

Management Officer for the Department 

of Defense, pursuant to 41 CFR 102– 

3.150(b), waives the 15-calendar day 

notification requirement. 

Written Statements: 

Members of the public are invited to 

submit material in writing to the 

chairman concerning matters believed 

to be deserving of the Committee’s 

attention. 

Additional information concerning 

the meetings may be obtained by writing 


cprice-sewell on DSK2BSOYB1PROD with NOTICES