### 3239 Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Notices

**ROUTINE USES OF RECORDS MAINTAINED IN THE**
**SYSTEM ,**  **INCLUDING CATEGORIES OF USERS AND**
**THE PURPOSES OF SUCH USES :** 

In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, these records contained therein may specifically be disclosed outside the DOD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:

To Federal, state, and local agencies authorized to investigate, audit, act on, negotiate, adjudicate, represent, or settle claims or issues arising from litigation.

To agencies, entities, or individuals who have or are expected to have information concerning the claims or litigation at issue.

To the Internal Revenue Service for address verification or for matters under their jurisdiction.

To Federal, state, and local government agencies or other parties involved in approving, licensing, auditing, or otherwise having an identified interest in intellectual property issues.

To defense contractors who have an identified interest in intellectual property at issue.

The DoD ‘‘Blanket Routine Uses’’ apply to this system of records.

**POLICIES AND PRACTICES FOR STORING ,**  **RETRIEVING ,**  **ACCESSING ,**  **RETAINING ,**  **AND**
**DISPOSING OF RECORDS IN THE SYSTEM :** 

**STORAGE :** 

Records may be stored on paper and on electronic storage media.

**RETRIEVABILITY :** 

Records are retrieved by record subject’s name.

**SAFEGUARDS :** 

Records are maintained in areas accessible only to DLA personnel who must use the records to perform their duties. The computer files are password protected with access restricted to authorized users. Records are secured in locked or guarded buildings, lockedoffices, or locked cabinets during nonduty hours. All users of the records must complete Information Assurance Awareness and DoD PII Training annually.

**RETENTION AND DISPOSAL :** 

Claim records are destroyed 6 years and 3 months after final settlement. Litigation files are destroyed 6 years after case closing except that patent infringement litigation files are destroyed after 26 years and copyright infringement files are destroyed after 56
years.

**SYSTEM MANAGER (** **S )**  **AND ADDRESS :** 

General Counsel, Headquarters, Defense Logistics Agency, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060–6221 and the General Counsel at the Defense Logistics Agency Primary Level Field Activity.

**NOTIFICATION PROCEDURE :** 

Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the DLA FOIA/Privacy Act Office, Headquarters, Defense Logistics Agency, ATTN: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060–6221.

Inquiry should include name of claimant/litigant, year of incident, and should contain court case number in order to ensure proper retrieval in those situations where a single litigant has more than one case with the Agency.

**RECORD ACCESS PROCEDURES :** 

Individuals seeking access to information about themselves contained in this system should address written inquiries to the DLA FOIA/Privacy Act Office, Headquarters, Defense Logistics Agency, ATTN: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060–6221.

Inquiry should include name of claimant/litigant, year of incident, and should contain court case number in order to ensure proper retrieval in those situations where a single litigant has more than one case with the Agency.

**CONTESTING RECORD PROCEDURES :** 

The DLA rules for accessing records, for contesting contents, and appealing initial agency determinations are contained in 32 CFR part 323, or may be obtained from the DLA FOIA/Privacy Act Office, Headquarters, Defense Logistics Agency, ATTN: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060–6221.

**RECORD SOURCE CATEGORIES :** 

Claimants, litigants, investigators, and through legal discovery under the Federal Rules of Civil Procedures.

**EXEMPTIONS CLAIMED FOR THE SYSTEM :** 

None.

[FR Doc. 2012–1239 Filed 1–20–12; 8:45 am]

**BILLING CODE 5001–06–P**

**DEPARTMENT OF DEFENSE**

**Office of the Secretary**

**[Docket ID DOD–2012–OS–0007]**

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

**ACTION :**  Notice of Proposed Changes to the Rules of Practice and Procedure of the United States Court of Appeals for the Armed Forces.

**SUMMARY :**  This notice announces the following proposed changes to Rules 13A, 19(b), and 27(a)(4) 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 title by any of the following methods:

• Federal eRulemaking Portal: http:// www.regulations.gov.

• Mail: Federal Docket Management System Office, 4800 Mark Center Drive East Tower, 2nd floor, Suite 02G09, Alexandria, VA 22350–3100.

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:// 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: January 18, 2012. Aaron Siegel, Alternate OSD Federal Liaison Officer, Department of Defense.

Rule 13A

The proposed change to Rule 13A would add a new subparagraph (h) as follows: (h) Time Limitation. An amicus curiae brief submitted under this Rule is not subject to the time limitation in Rule 26(b), but such brief shall be filed no less than 14 days before the scheduled date for oral argument. Both the appellant and the appellee may file a reply to such brief within 7 days of the filing thereof, subject to the limitations specified in Rule 24(b) and (c).

Comment: The proposed change to Rule 13A would provide that a brief submitted under the Student Practice Rule would not fall under the normal deadline for filing amicus curiae briefs provided in Rule 26(b) (requiring filing within 10 days of the filing of the brief of the party supported), but rather would be due for filing no less than 14 days before the scheduled date for oral argument. The proposal is intended to eliminate the problem posed in Project Outreach cases that are often selected and/or calendared well beyond the date for filing amicus curiae briefs. The


### 3240 Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Notices

amended rule will allow these briefs to be timely filed.

The proposal would not apply only to Project Outreach cases. Rather, as a general matter, law school clinical programs do not operate continuously through the year and may only become aware of cases where they with to file

an amicus curiae brief well after the brief can be timely filed. This rule will better allow these programs to file briefs with the Court and, thereby, the rules will facilitate this vital part of law school training for appellate advocates.

The proposed rule also gives the Court and the parties sufficient time to react to the student brief by requiring that it be filed no less than 14 days before oral argument and by allowing the parties the opportunity to respond within 7 days of the filing of the amicus curiae brief.
Rule 19(b)

The first sentences of Rule 19(b)(1), (2), and (3) currently read:

(b) Certificate for review/brief/ answer/reply.

(1) Article 62, UCMJ, cases. In cases involving a decision by a Court of Criminal Appeals on appeal by the United States under Article 62, UCMJ, 10 U.S.C. 862, a certificate for review, together with a supporting brief in accordance with Rule 24 on behalf of the appellant, shall be filed with the Court by the Judge Advocate General no later than 30 days after the date of the decision of the Court of Criminal Appeals.

(2) Extraordinary relief cases. In cases involving a decision by a Court of Criminal Appeals on application for extraordinary relief filed therein, a certificate for review, together with a supporting brief in accordance with Rule 24 on behalf of the appellant, shall be filed with the Court by the Judge Advocate General no later than 30 days after the date of the decision of the Court of Criminal Appeals.

(3) Other cases. In all other cases involving a decision by a Court of Criminal Appeals, a certificate for review filed by the Judge Advocate General shall be filed either (a) no later than 30 days after the date of the decision of the Court of Criminal Appeals, or (b) no later than 30 days after a petition for grant of review is granted.

The proposed changes to the first sentences of Rule 19(b)(1), (2) and (3) would read:

(1) Article 62, UCMJ, cases. In cases involving a decision by a Court of Criminal Appeals on appeal by the United States under Article 62, UCMJ, 10 U.S.C. 862, a certificate for review, together with a supporting brief in accordance with Rule 24 on behalf of the appellant, shall be filed with the Court by the Judge Advocate General no later than 60 days after the date of the decision of the Court of Criminal Appeals.

(2) Extraordinary relief cases. In cases involving a decision by a Court of Criminal Appeals on application for extraordinary relief filed therein, a certificate for review, together with a supporting brief in accordance with Rule 24 on behalf of the appellant, shall be filed with the Court by the Judge Advocate General no later than 60 days after the date of the decision of the Court of Criminal Appeals.

(3) Other cases. In all other cases involving a decision by a Court of Criminal Appeals, a certificate for review filed by the Judge Advocate General shall be filed either (a) no later than 60 days after the date of the decision of the Court of Criminal Appeals, or (b) no later than 30 days after a petition for grant of review is granted.

Comment: Rule 19(b) currently allows 30 days for the filing of certificates for review by the Judge Advocate General, although a service member is given 60 days to file a petition for grant of review. Extension requests are filed in nearly all of the cases in which a certificate is to be filed, and the Rules Advisory Committee has determined that the 30 days allowed by this rule is insufficient time to obtain the necessary approvals and to file the certificate.

This change to 60 days will not apply in those cases where the Court grants a petition for grant of review, and the government wishes to request the Judge Advocate General to file a certificate for review. In that event, the Judge Advocate General will continue to have 30 days from the date the petition is granted to file the certificate for review. The 30-day deadline in these cases should not be extended because it will slow the processing of the case by the Court, and it will be less onerous because the case is already before the Court, making it easier for the services to determine whether they wish to bring additional issues before the Court in those cases.
Rule 27(a)(4)

The proposed change would delete Rule 27(a)(4) in its entirety:

(4) Electronic message petitions. The Court will not docket petitions for extraordinary relief submitted by means of an electronic message or by facsimile without prior approval of the Clerk.

Comment: This rule has become obsolete. It permits the filing of ‘‘electronic message’’ petitions for extraordinary relief with the permission of the Clerk. This provision contemplated the use of military message traffic or facsimile to file such petitions. However, with the use of the current electronic filing program, the filing of pleadings by military message or facsimile is no longer necessary.

[FR Doc. 2012–1187 Filed 1–20–12; 8:45 am]

**BILLING CODE 5001–06–P**

**DEPARTMENT OF DEFENSE**

**Department of the Army; Corps of Engineers** 

**Board on Coastal Engineering Research** 

**AGENCY :**  Department of the Army, DoD.

**ACTION :**  Notice of meeting.

**SUMMARY :**  In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92–463), announcement is made of the following committee meeting:

Name of Committee: Board on Coastal Engineering Research.

**DATES :**  Date of Meeting: February 7–8,
2012.

Place: Hearing Room, Kingman Building, 7701 Telegraph Road, Alexandria, VA 22315.

Time: 9 a.m. to 4:30 p.m. (February 7, 2012), 9 a.m. to 12 p.m. (February 8, 2012).

**FOR FURTHER INFORMATION CONTACT :**  Inquiries and notice of intent to attend the meeting may be addressed to COL Kevin J. Wilson, Executive Secretary, U.S. Army Engineer Research and Development Center, Waterways Experiment Station, 3909 Halls Ferry Road, Vicksburg, MS 39180–6199.

**SUPPLEMENTARY INFORMATION :**  The Board provides broad policy guidance and review of plans and fund requirements for the conduct of research and development of research projects in consonance with the needs of the coastal engineering field and the objectives of the Chief of Engineers.

Proposed Agenda: On Tuesday, February 7, the Executive Session is devoted to addressing the role of the Board on Coastal Engineering Research, including the history of the Board, discussion of the Board functions and responsibilities, and ways to enhance the value of the Board recommendations to the Chief of Engineers. The Board will also discuss the annual meeting and executive sessions formats.

On Wednesday morning, February 8, the Board will discuss pending action items.