Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations 2017

Appendix B to Part 4044—Interest Rates Used To Value Annuities and Lump Sums

Table I.—Annuity Valuations

[This table sets forth, for each indicated calendar month, the interest rates (denoted by i1, i2, * * *, and referred to generally

as it) assumed to be in effect between specified anniversaries of a valuation date that occurs within that calendar month; those

anniversaries are specified in the columns adjacent to the rates. The last listed rate is assumed to be in effect after the last listed

anniversary date.]

For valuation dates occurring in the month—

The values of it are:

it for t = it for t = it for t =

* * * * * * *

February 1997 ....................................................................... .0590 1–25 .0500 >25 N/A N/A

Table II.—Lump Sum Valuations

[In using this table: (1) For benefits for which the participant or beneficiary is entitled to be in pay status on the valuation

date, the immediate annuity rate shall apply; (2) For benefits for which the deferral period is y years (where y is an integer and

0 < y ≤ n1), interest rate i1 shall apply from the valuation date for a period of y years, and thereafter the immediate annuity rate

shall apply; (3) For benefits for which the deferral period is y years (where y is an integer and n1 < y ≤ n1 + n2), interest rate

i2 shall apply from the valuation date for a period of y—n1 years, interest rate i1 shall apply for the following n1 years, and thereafter

the immediate annuity rate shall apply; (4) For benefits for which the deferral period is y years (where y is an integer and y >

n1 + n2), interest rate i3 shall apply from the valuation date for a period of y—n1—n2 years, interest rate i2 shall apply for the

following n2 years, interest rate i1 shall apply for the following n1 years, and thereafter the immediate annuity rate shall apply.]

Rate set

For plans with a valuation

date Immediate

annuity rate

(percent)

Deferred annuities (percent)

On or after Before i1 i2 i3 n1 n2

* * * * * * *

40 ................................................................ 02–1–97 03–1–97 4.75 4.00 4.00 4.00 7 8

Issued in Washington, DC, on this 10th day

of January 1997.

Martin Slate,

Executive Director, Pension Benefit Guaranty

Corporation.

[FR Doc. 97–1062 Filed 1–14–97; 8:45 am]

BILLING CODE 7708–01–P

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 150

Courts of Criminal Appeals Rules of

Practice and Procedure

AGENCY: Defense.

ACTION: Final rule.

SUMMARY: This rule of practice and

procedure is issued pursuant to Article

66(f), Uniform Code of Military Justice

(10 U.S.C. 866(f) (1994)). It is a uniform

rule of practice and procedure for all

military Courts of Criminal Appeals.

EFFECTIVE DATE: May 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Colonel Charles B. Heimburg—(202)

767–1550, 172 Luke Avenue, Bolling

Air Force Base, Washington, D.C. 20332.

SUPPLEMENTARY INFORMATION: The

anticipated citation of the rules will be

32 CFR Part 150. The notification of

opportunity to review and comment on

these rules was published in the Federal

Register on December 13, 1995 at 60 FR

64031–02. Comments were received and

considered.

These rules are not subject to

Executive Order 12866, ‘‘Regulatory

Planning and Review,’’ Public Law 96–

354, ‘‘Regulatory Flexibility Act;’’ or

Public Law 96–511, ‘‘Paperwork

Reduction Act.’’

List of Subjects in 32 CFR Part 150

Administrative practice and

procedure, Courts, Military law.

Accordingly, 32 CFR part 150 is

revised to read as follows:

PART 150—COURTS OF CRIMINAL

APPEALS RULES OF PRACTICE AND

PROCEDURE

Sec.

150.1 Name and seal.

150.2 Jurisdiction.

150.3 Scope of review.

150.4 Quorum.

150.5 Place for filing papers.

150.6 Signing of papers.

150.7 Computation of time.

150.8 Qualification of counsel.

150.9 Conduct of counsel.

150.10 Request for appellate defense

counsel.

150.11 Assignment of counsel.

150.12 Retention of civilian counsel.

150.13 Notice of appearance of counsel.

150.14 Waiver or withdrawal of appellate

review.

150.15 Assignments of error and briefs.

150.16 Oral arguments.

150.17 En banc proceedings.

150.18 Orders and decisions of the Court.

150.19 Reconsideration.

150.20 Petitions for extraordinary relief,

answer, and reply.

150.21 Appeals by the United States.

150.22 Petitions for new trial.

150.23 Motions.

150.24 Continuances and interlocutory

matters.

150.25 Suspension of rules.

150.26 Internal rules.

150.27 Recording, photographing,

broadcasting, or telecasting of hearings.

150.28 Amendments.
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Appendix A to Part 150—Format for

Direction for Review in a Court of Criminal

Appeals

Appendix B to Part 150—Format for

Assignment of Errors and Brief on Behalf of

Accused (§ 150.15)

Authority: Article 66(f), Uniform Code of

Military Justice (10 U.S.C. § 866(f) (1994)).

§ 150.1 Name and seal.

(a) The titles of the Courts of Criminal

Appeals of the respective services are:

(1) ‘‘United States Army Court of

Criminal Appeals.’’

(2) ‘‘United States Navy-Marine Corps

Court of Criminal Appeals.’’

(3) ‘‘United States Air Force Court of

Criminal Appeals.’’

(4) ‘‘United States Coast Guard Court

of Criminal Appeals.’’

(b) Each Court is authorized a seal in

the discretion of the Judge Advocate

General concerned. The design of such

seal shall include the title of the Court.

§ 150.2 Jurisdiction.

(a) The jurisdiction of the Court is as

follows:

(1) Review under Article 66. All cases

of trial by court-martial in which the

sentence as approved extends to:

(i) Death; or

(ii) Dismissal of a commissioned

officer, cadet or midshipman,

dishonorable or bad-conduct discharge,

or confinement for 1 year or longer; and

in which the accused has not waived or

withdrawn appellate review.

(2) Review upon direction of the Judge

Advocate General under Article 69. All

cases of trial by court-martial in which

there has been a finding of guilty and a

sentence:

(i) For which Article 66 does not

otherwise provide appellate review, and

(ii) Which the Judge Advocate General

forwards to the Court for review

pursuant to Article 69(d), and

(iii) In which the accused has not

waived or withdrawn appellate review.

(3) Review under Article 62. All cases

of trial by court-martial in which a

punitive discharge may be adjudged and

a military judge presides, and in which

the government appeals an order or

ruling of the military judge that

terminates the proceedings with respect

to a charge or specification or excludes

evidence that is substantial proof of a

fact material to the proceedings, or

directs the disclosure of classified

information, imposes sanctions for

nondisclosure of classified information,

or refuses to issue or enforce a

protective order sought by the United

States to prevent the disclosure of

classified information.

(4) Review under Article 73. All

petitions for a new trial in cases of trial

by court-martial which are referred to

the Court by the Judge Advocate

General.

(b) Extraordinary writs. The Court

may, in its discretion, entertain

petitions for extraordinary relief

including, but not limited to, writs of

mandamus, writs of prohibition, writs of

habeas corpus, and writs of error coram

nobis.

(c) Effect of rules on jurisdiction.

Nothing in this part shall be construed

to extend or limit the jurisdiction of the

Courts of Criminal Appeals as

established by law.

§ 150.3 Scope of review.

In cases referred to it for review

pursuant to Article 66, the Court may

act only with respect to the findings and

sentence as approved by the convening

authority. In reviewing a case or action

under Article 69(d) or in determining an

appeal under Article 62, the Court may

act only with respect to matters of law.

The Court may, in addition, review such

other matters and take such other action

as it determines to be proper under

substantive law.e

§ 150.4 Quorum.

(a) In panel. When sitting in panel, a

majority of the judges assigned to that

panel constitutes a quorum for the

purpose of hearing or determining any

matter referred to the panel. The

determination of any matter referred to

the panel shall be according to the

opinion of a majority of the judges

participating in the decision. However,

any judge present for duty may issue all

necessary orders concerning any

proceedings pending on panel and any

judge present for duty, or a clerk of

court or commissioner to whom the

Court has delegated authority, may act

on uncontested motions, provided such

action does not finally dispose of a

petition, appeal, or case before the

Court.

(b) En banc. When sitting as a whole,

a majority of the judges of the Court

constitutes a quorum for the purpose of

hearing and determining any matter

before the Court. The determination of

any matter before the Court shall be

according to the opinion of a majority of

the judge participating in the decision.

In the absence of a quorum, any judge

present for duty may issue all necessary

orders concerning any proceedings

pending in the Court preparatory to

hearing or decision thereof.

§ 150.5 Place for filing papers.

When the filing of a notice of

appearance, brief, or other paper in the

office of a Judge Advocate General is

required by this part, such papers shall

be filed in the office of the Judge

Advocate General of the appropriate

armed force or in such other place as the

Judge Advocate General or rule

promulgated pursuant to § 150.26 may

designate. If transmitted by mail or

other means, they are not filed until

received in such office.

§ 150.6 Signing of papers.

All formal papers shall be signed and

shall show, typewritten or printed, the

signer’s name, address, military grade (if

any), and the capacity in which the

paper is signed. Such signature

constitutes a certification that the

statements made therein are true and

correct to the best of the knowledge,

information, and belief of the persons

signing the paper and that the paper is

filed in good faith and not for purposes

of unnecessary delay.

§ 150.7 Computation of time.

In computing any period of time

prescribed or allowed by this part, by

order of the Court, or by any applicable

statute, the day of the act, event or

default after which the designated

period of time begins to run is not to be

included. The last day of the period so

computed is to be included, unless it is

a Saturday, Sunday, or legal holiday, or,

when the act to be done is the filing of

a paper in court, a day on which the

office of the Clerk of the Court is closed

due to weather or other conditions or by

order of the Chief Judge, in which event

the period runs until the end of the next

day which is neither a Saturday,

Sunday, nor a holiday.

§ 150.8 Qualification of counsel.

(a) All counsel. Counsel in any case

before the Court shall be a member in

good standing of the bar of a Federal

Court, the highest court of a State or

another recognized bar.

(b) Military counsel. Assigned

appellate defense and appellate

government counsel shall, in addition,

be qualified in accordance with Articles

27(b)(1) and 70(a), Uniform Code of

Military Justice.

(c) Admission. Each Court may

license counsel to appear before it.

Otherwise, upon entering an

appearance, counsel shall be deemed

admitted pro hac vice, subject to filing

a certificate setting forth required

qualifications if directed by the Court.

(d) Suspension. No counsel may

appear in any proceeding before the

Court while suspended from practice by

the Judge Advocate General of the

service concerned.

§ 150.9 Conduct of counsel.

The conduct of counsel appearing

before the Court shall be in accordance
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with rules of conduct prescribed

pursuant to Rule for Courts-Martial 109

by the Judge Advocate General of the

service concerned. However, the Court

may exercise its inherent power to

regulate counsel appearing before it,

including the power to remove counsel

from a particular case for misconduct in

relation to that case. Conduct deemed

by the Court to warrant consideration of

suspension from practice or other

professional discipline shall be reported

by the Court to the Judge Advocate

General concerned.

§ 150.10 Request for appellate defense

counsel.

An accused may be represented before

the Court by appellate counsel detailed

pursuant to Article 70(a) or by civilian

counsel provided by the accused, or

both. An accused who does not waive

appellate review pursuant to Rule for

Courts-Martial 1110 shall, within 10

days after service of a copy of the

convening authority’s action under Rule

for Courts-Martial 1107(h), forward to

the convening authority or the Judge

Advocate General:

(a) A request for representation by

military appellate defense counsel, or

(b) Notice that civilian counsel has

been retained or that action has been

taken to retain civilian counsel (must

include name and address of civilian

counsel), or

(c) Both a request for representation

by military appellate defense counsel

under paragraph (a) for this section and

notice regarding civilian counsel under

paragraph (b) of this section, or

(d) A waiver of representation by

counsel.

§ 150.11 Assignment of counsel.

(a) When a record of trial is referred

to the court—

(1) If the accused has requested

representation by appellate defense

counsel, pursuant to Article 70(c)(1),

counsel detailed pursuant to Article

70(a) will be assigned to represented the

accused; or

(2) If the accused gives notice that he

or she has retained or has taken action

to retain civilian counsel, appellate

defense counsel shall be assigned to

represent the interests of the accused

pending appearance of civilian counsel.

Assigned defense counsel will continue

to assist after appearance by civilian

counsel unless excused by the accused;

or

(3) If the accused has neither

requested appellate counsel nor given

notice of action to retain civilian

counsel, but has not waived

representation by counsel, appellate

defense counsel will be assigned to

represent the accused, subject to excusal

by the accused or by direction of the

Court.

(b) In any case—

(1) The Court may request counsel

when counsel have not been assigned.

(2) Pursuant to Article 70(c)(2), and

subject to paragraph (a)(2) of this

section, appellate defense counsel will

represent the accused when the United

States is represented by counsel before

the Court.

§ 150.12 Retention of civilian counsel.

When civilian counsel represents an

accused before the Court, the Court will

notify counsel when the record of trial

is received. If both civilian and assigned

appellate defense counsel represent the

accused, the Court will regard civilian

counsel as primary counsel unless

notified otherwise. Ordinarily, civilian

counsel will use the accused’s copy of

the record. Civilian counsel may

reproduce, at no expense to the

government, appellate defense counsel’s

copy of the record.

§ 150.13 Notice of appearance of counsel.

Military and civilian appellate

counsel shall file a written notice of

appearance with the Court. The filing of

any pleading relative to a case which

contains the signature of counsel

constitutes notice of appearance of such

counsel.

§ 150.14 Waiver or withdrawal of appellate

review.

Withdrawals from appellate review,

and waivers of appellate review filed

after expiration of the period prescribed

by the Rule for Courts-Martial

1110(f)(1), will be referred to the Court

for consideration. At its discretion, the

Court may require the filing of a motion

for withdrawal, issue a show cause

order, or grant the withdrawal without

further action, as may be appropriate.

The Court will return the record of trial,

in a case withdrawn from appellate

review, to the Judge Advocate General

for action pursuant to Rule for CourtsMartial 1112.

§ 150.15 Assignments of error and briefs.

(a) General provisions. Appellate

counsel for the accused may file an

assignment of error if any are to be

alleged, setting forth separately each

error asserted. The assignment of errors

should be included in a brief for the

accused in the format set forth in

Appendix B to this part. An original of

all assignments of error and briefs, and

as many additional copies as shall be

prescribed by the Court, shall be

submitted. Briefs and assignments of

errors shall be typed or printed, doublespaced on white paper, and securely

fastened at the top. All references to

matters contained in the record shall

show record page numbers and any

exhibit designations. A brief on behalf

of the government shall be of like

character as that prescribed for the

accused.

(b) Time for filing and number of

briefs. Any brief for an accused shall be

filed within 60 days after appellate

counsel has been notified of the receipt

of the record in the Office of the Judge

Advocate General. If the Judge Advocate

General has directed appellate

government counsel to represent the

United States, such counsel shall file an

answer on behalf of the government

within 30 days after any brief and

assignment of errors has been filed on

behalf of an accused. Appellate counsel

for an accused may file a reply brief no

later than 7 days after the filing of a

response brief on behalf of the

government. If no brief is filed on behalf

of an accused, a brief on behalf of the

government may be filed within 30 days

after expiration of the time allowed for

the filing of a brief on behalf of the

accused.

(c) Appendix. The brief of either party

may include an appendix. If an

unpublished opinion is cited in the

brief, a copy shall be attached in an

appendix. The appendix may also

include extracts of statutes, rules, or

regulations. A motion must be filed

under § 150.23, infra, to attach any other

matter.

§ 150.16 Oral arguments.

Oral arguments may be heard in the

discretion of the Court upon motion by

either party or when otherwise ordered

by the Court. The motion of a party for

oral argument shall be made no later

than 7 days after the filing of an answer

to an appellant’s brief. Such motion

shall identify the issue(s) upon which

counsel seek argument. The Court may,

on its own motion, identify the issue(s)

upon which it wishes argument.

§ 150.17 En banc proceedings.

(a)(1) A party may suggest the

appropriateness of consideration or

reconsideration by the Court as a whole.

Such consideration or reconsideration

ordinarily will not be ordered except:

(i) When consideration by the full

Court is necessary to secure or maintain

uniformity of decision, or

(ii) When the proceedings involve a

question of exceptional importance, or

(iii) When a sentence being reviewed

pursuant to Article 66 extends to death.

(2) In cases being reviewed pursuant

to Article 66, a party’s suggestion that a

matter be considered initially by the

Court as a whole must be filed with the
2020 Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations

Court within 7 days after the

government files its answer to the

assignment of errors, or the appellant

files a reply under § 150.15(b). In other

proceedings, the suggestion must be

filed with the party’s initial petition or

other initial pleading, or within 7 days

after the response thereto is filed. A

suggestion for reconsideration by the

Court as a whole must be made within

the time prescribed by § 150.19 for filing

a motion for reconsideration. No

response to a suggestion for

consideration or reconsideration by the

Court as a whole may be filed unless the

Court shall so order.

(b) The suggestion of a party for

consideration or reconsideration by the

Court as a whole shall be transmitted to

each judge of the Court who is present

for duty, but a vote need not be taken

to determine whether the cause shall be

considered or reconsidered by the Court

as a whole on such a suggestion made

by a party unless a judge requests a vote.

(c) A majority of the judges present for

duty may order that any appeal or other

proceeding be considered or

reconsidered by the Court sitting as a

whole. However, en banc

reconsideration of an en banc decision

will not be held unless at least one

member of the original majority concurs

in a vote for reconsideration.

(d) This rule does not affect the power

of the Court sua sponte to consider or

reconsider any case sitting as a whole.

§ 150.18 Orders and decisions of the

Court.

The Court shall give notice of its

orders and decisions by immediately

serving them, when rendered, on

appellate defense counsel, including

civilian counsel, if any, government

counsel and the Judge Advocate

General, or designee, as appropriate.

§ 150.19 Reconsideration.

(a) The Court may, in its discretion

and on its own motion, enter an order

announcing its intent to reconsider its

decision or order in any case not later

than 30 days after service of such

decision or order on appellate defense

counsel or on the appellant, if the

appellant is not represented by counsel,

provided a petition for grant of review

or certificate for review has not been

filed with the United States Court of

Appeals for the Armed Forces, or a

record of trial for review under Article

67(b) has not been received by that

Court. No briefs or arguments shall be

received unless the order so directs.

(b) Provided a petition for grant of

review or certificate for review has not

been filed with the United States Court

of Appeals for the Armed Forces, or a

record of trial for review under Article

67(b) or writ appeal has not been

received by the United States Court of

Appeals for the Armed Forces, the Court

may, in its discretion, reconsider its

decision or order in any case upon

motion filed either:

(1) By appellate defense counsel

within 30 days after receipt by counsel,

or by the appellant if the appellant is

not represented by counsel, of a

decision or order, or

(2) By appellate government counsel

within 30 days after the decision or

order is received by counsel.

(c) A motion for reconsideration shall

briefly and directly state the grounds for

reconsideration, including a statement

of facts showing jurisdiction in the

Court. A reply to the motion for

reconsideration will be received by the

Court only if filed within 7 days of

receipt of a copy of the motion. Oral

arguments shall not be heard on a

motion for reconsideration unless

ordered by the Court. The original of the

motion filed with the Court shall

indicate the date of receipt of a copy of

the same by opposing counsel.

(d) The time limitations prescribed by

this part shall not be extended under the

authority of §§ 150.24 or 150.25 beyond

the expiration of the time for filing a

petition for review or writ appeal with

the United States Court of Appeals for

the Armed Forces, except that the time

for filing briefs by either party may be

extended for good cause.

§ 150.20 Petitions for extraordinary relief,

answer, and reply.

(a) Petition for extraordinary relief. A

petition for extraordinary relief in the

number of copies required by the Court

shall be accompanied by proof of

service on each party respondent and

will contain:

(1) A previous history of the case

including whether prior actions have

been filed or are pending for the same

relief in this or any other court and the

disposition or status of such actions;

(2) A concise and objective statement

of all facts relevant to the issue

presented and of any pertinent opinion,

order or ruling;

(3) A copy of any pertinent parts of

the record and all exhibits related to the

petition if reasonably available and

transmittable at or near the time the

petition is filed;

(4) A statement of the issue;

(5) The specific relief sought;

(6) Reasons for granting the writ;

(7) The jurisdictional basis for relief

sought and the reasons why the relief

sought cannot be obtained during the

ordinary course of appellate review;

(8) If desired, a request for

appointment of appellate counsel.

(b) Format. The title of the petition

shall include the name, military grade

and service number of each named party

and, where appropriate, the official

military or civilian title of any named

party acting in an official capacity as an

officer or agent of the United States.

When an accused has not been named

as a party, the accused shall be

identified by name, military grade and

service number by the petitioner and

shall be designated as the real party in

interest.

(c) Electronic petitions. The Court will

docket petitions for extraordinary relief

submitted by electronic means. A

petition submitted by electronic means

will conclude with the full name and

address of petitioner’s counsel, if any,

and will state when the written petition

and brief, when required, were

forwarded to the Court and to all named

respondents, and by what means they

were forwarded.

(d) Notice to the Judge Advocate

General. Immediately upon receipt of

any petition, the clerk shall forward a

copy of the petition to the appropriate

Judge Advocate General or designee.

(e) Briefs. Each petition for

extraordinary relief must be

accompanied by a brief in support of the

petition unless it is filed in propria

persona. The Court may issue a show

cause order in which event the

respondent shall file an answer within

10 days of the receipt of the show cause

order. The petitioner may file a reply to

the answer within 7 days of receipt of

the answer.

(f) Initial action by the Court. The

Court may dismiss or deny the petition,

order the respondent to show cause and

file an answer within the time specified,

or take whatever other action it deems

appropriate.

(g) Oral argument and final action.

The Court may set the matter for oral

argument. However, on the basis of the

pleading alone, the Court may grant or

deny the relief sought or make such

other order in the case as the

circumstances may require. This

includes referring the matter to a special

master, who need not be a military

judge, to further investigate; to take

evidence; and to make such

recommendations as the Court deems

appropriate.

§ 150.21 Appeals by the United States.

(a) Restricted filing. Only a

representative of the government

designated by the Judge Advocate

General of the respective service may

file an appeal by the United States

under Article 62.

(b) Counsel. Counsel must be

qualified and appointed, and give notice
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1Use ‘‘Army,’’ ‘‘Navy-Marine Corps,’’ ‘‘Air

Force,’’ or ‘‘Coast Guard,’’ as applicable.

of appearance in accordance with this

part and those of the Judge Advocate

General concerned.

(c) Form of appeal. The appeal must

include those documents specified by

Rule for Courts-Martial 908 and by

applicable regulations of the Secretary

concerned. A certificate of the Notice of

Appeal described in Rule for CourtsMartial 908(b)(3) must be included. The

certificate of service must reflect the

date and time of the military judge’s

ruling or order from which the appeal

is taken, and the time and date of

service upon the military judge.

(d) Time for filing. All procedural

Rules of the Court shall apply except as

noted in this paragraph:

(1) The representative of the

government designated by the Judge

Advocate General shall decide whether

to file the appeal with the Court. The

trial counsel shall have 20 days from the

date written notice to appeal is filed

with the trial court to forward the

appeal, including an original and two

copies of the record of trial, to the

representative of the government

designated by the Judge Advocate

General. The person designated by the

Judge Advocate General shall promptly

file the original record with the Clerk of

the Court and forward one copy to

opposing counsel. Appellate

government counsel shall have 20 days

(or more upon a showing of good cause

made by motion for enlargement within

the 20 days) from the date the record is

filed with the Court to file the appeal

with supporting brief with the Court.

Should the government decide to

withdraw the appeal after the record is

received by the Court, appellate

government counsel shall notify the

Court in writing. Appellate brief(s) shall

be prepared in the manner prescribed by

§ 150.15.

(2) Appellee shall prepare an answer

in the manner prescribed by § 150.15

and shall file such answer within 20

days after any filing of the government

brief.

(e) The government shall diligently

prosecute all appeals by the United

States and the Court will give such

appeals priority over all other

proceedings where practicable.

§ 150.22 Petitions for new trial.

(a) Whether submitted to the Judge

Advocate General by the accused in

propria persona or by counsel for the

accused, a petition for new trial

submitted while the accused’s case is

undergoing review by a Court of

Criminal Appeals shall be filed with an

original and two copies and shall

comply with the requirements of Rule

for Courts-Martial 1210(c).

(b) Upon receipt of a petition for new

trial submitted by other than appellate

defense counsel, the Court will notify

all counsel of record of such fact.

(c) A brief in support of a petition for

new trial, unless expressly incorporated

in or filed with the petition, will be filed

substantially in the format specified by

§ 150.15 no later than 30 days after the

filing of the petition or receipt of the

notice required by paragraph (b) of this

section, whichever is later. An

appellate’s answer shall be filed no later

than 30 days after the filing of an

appellant’s brief. A reply may be filed

no later than 10 days after the filing of

the appellee’s answer.

§ 150.23 Motions.

(a) Content. All motions, unless made

during the course of a hearing, shall

state with particularity the relief sought

and the grounds therefor. Motions,

pleading, and other papers desired to be

filed with the Court may be combined

in the same document, with the heading

indicating, for example ‘‘MOTION TO

FILE (SUPPLEMENTAL ASSIGNMENT

OF ERRORS) (CERTIFICATE OF

CORRECTION) (SUPPLEMENTAL

PLEADING)’’; or ‘‘ASSIGNMENT OF

ERRORS AND MOTION TO FILE

ATTACHED REPORT OF MEDICAL

BOARD’’.

(b) Motions to attach documents. If a

party desires to attach a statement of a

person to the record for consideration

by the Court on any matter, such

statement shall be made either as an

affidavit or as an unsworn declaration

under penalty of perjury pursuant to 28

U.S.C. 1746. All documents containing

language other than English shall have,

attached, a certified English translation.

(c) Opposition. Any opposition to a

motion shall be filed within 7 days after

receipt by the opposing party of service

of the motion.

(d) Leave to file. Any pleading not

authorized or required by this part, shall

be accompanied by a motion for leave

to file such pleading.

(e) Oral argument. Oral argument

shall not normally be permitted on

motions.

§ 150.24 Continuances and interlocutory

matters.

Except as otherwise provided in

§ 150.19(d), the Court, in its discretion,

may extend any time limits prescribed

and may dispose of any interlocutory or

other appropriate matter not specifically

covered by this part, in such manner as

may appear to be required for a full, fair,

and expeditious consideration of the

case. See § 150.4.

§ 150.25 Suspension of rules.

For good cause shown, the Court

acting as a whole or in panel may

suspend the requirements or provisions

of any of this part in a particular case

on petition of a party or on its own

motion and may order proceedings in

accordance with its direction.

§ 150.26 Internal rules.

The Chief Judge of the Court has the

authority to prescribe internal rules for

the Court.

§ 150.27 Recording, photographing,

broadcasting, or telecasting of hearings.

The recording, photographing,

broadcasting, or televising of any

session of the Court or other activity

relating thereto is prohibited unless

specifically authorized by the Court.

§ 150.28 Amendments.

Proposed amendments to this part

may be submitted to the Chief Judge of

any Court named in § 150.1 or to a Judge

Advocate General. Before acting on any

proposed amendments not received

from the Chief Judges, the Judge

Advocates General shall refer them to

the Chief Judges of the Courts for

comment. The Chief Judges shall confer

on any proposed changes, and shall

report to the Judge Advocates General as

to the suitability of proposed changes

and their impact on the operation of the

Courts and on appellate justice.

Appendix A to Part 150—Format for

Direction for Review in a Court of

Criminal Appeals

In the United States llllll1 Court of

Criminal Appeals

United States v. lllllllllllll

(Full typed name, rank, service, & service

number of accused)

Direction for Review Case No. llll

Tried at (location), on (date(s)) before a (type

in court-martial) appointed by (convening

authority)

To the Honorable, the Judges of the United

States llllll Court of Criminal

Appeals

1. Pursuant to Article 69 of the Uniform

Code of Military Justice, 10 U.S.C. § 869

(1994) and the Rules of Practice and

Procedure for Courts of Criminal Appeals,

Rule 2(b), the record of trial in the aboveentitled case is forwarded for review.

2. The accused was found guilty by a (type

of court-martial) of a violation of Article(s)

llll of the Uniform Code of Military

Justice, and was sentenced to (include entire

adjudged sentence) on (insert trial date). The

convening authority (approved the sentence

as adjudged) (approved the following

findings and sentence: llllll). The

officer exercising general court-martial
2022 Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations

2Use ‘‘Army,’’ ‘‘Navy-Marine Corps,’’ ‘‘Air

Force,’’ or ‘‘Coast Guard,’’ as applicable.

jurisdiction (where applicable) took the

following action: llllll. The case was

received for review pursuant to Article 69 on

(date).

3. In review, pursuant to Uniform Code of

Military Justice, Article 66, it is requested

that action be taken with respect to the

following issues:

[set out issues here]

lllllllllllllllllllll

The Judge Advocate General

Received a copy of the foregoing Direction

for Review this llllll (date).

lllllllllllllllllllll

Appellate Government Counsel

lllllllllllllllllllll

Address and telephone number

lllllllllllllllllllll

Appellate Defense Counsel

lllllllllllllllllllll

Address and telephone number

Appendix B to Part 150—Format for

Assignment of Errors and Brief on

Behalf of Accused (§ 150.15)

In the United States llllll2 Court of

Criminal Appeals

United States v. lllllllllllll

(Full typed name, rank, service, & service

number of accused), Appellant

Assignment of Errors and Brief on Behalf of

Accused Case No. llll

Tried at (location), on (date(s)) before a (type

of court-martial) appointed by (convening

authority)

To the Honorable, the Judges of the United

States llllll Court of Criminal

Appeals

Statement of the Case

[Set forth a concise summary of the

chronology of the case, including the general

nature of the charges, the pleas of the

accused, the findings and sentence at trial,

the action by the convening authority, and

any other pertinent information regarding the

proceedings.]

Statement of Facts

[Set forth those facts necessary to a

disposition of the assigned errors, including

specific page references and exhibit numbers.

Answers may adopt appellant’s or

petitioner’s statement of facts if there is no

dispute, may state additional facts, or, if

there is a dispute, may restate the facts as

they appear from appellee’s or respondent’s

viewpoint. The repetition of uncontroverted

matters is not desired.]

Errors and Argument

[Set forth each error alleged in upper case

letters, followed by separate arguments for

each error. Arguments shall discuss briefly

the question presented, citing and quoting

such authorities as are deemed pertinent.

Each argument shall include a statement of

the applicable standard of review, and shall

be followed by a specific prayer for the relief

requested.]

Appendix

[The brief of either party may include an

appendix containing copies of unpublished

opinions cited in the brief, and extracts of

statutes, rules or regulations pertinent to the

assigned errors.]

lllllllllllllllllllll

(Signature of counsel)

lllllllllllllllllllll

Name (and rank) of counsel, address and

telephone number

Certificate of Filing and Service

I certify that a copy of the foregoing was

mailed or delivered to the Court and

opposing counsel on (date).

lllllllllllllllllllll

Name (rank) (and signature)

lllllllllllllllllllll

Address and telephone number

llllllllll (Date)

Dated: January 9, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–890 Filed 1–14–97; 8:45 am]

BILLING CODE 5000–04–M

GENERAL SERVICES

ADMINISTRATION

41 CFR Chapter 101

[FPMR Temp. Reg. H–29]

RIN 3090–AF95

Criteria for Reporting Excess Personal

Property

AGENCY: Office of Policy, Planning and

Evaluation, GSA.

ACTION: Temporary regulation.

SUMMARY: This regulation establishes

revised criteria for reporting excess

personal property to GSA, substantially

reduces utilization screening time,

raises the dollar threshold for direct

transfers, and updates addresses

associated with reporting excess

personal property. The regulation is

intended to relieve Federal agencies of

certain reporting requirements and

reduce the time required by agencies to

hold property for utilization and

donation screening.

DATES: Effective date: January 15, 1997.

Expiration date: January 15, 1998.

FOR FURTHER INFORMATION CONTACT:

Martha Caswell, Personal Property

Management Policy Division (202–501–

3828).

SUPPLEMENTARY INFORMATION: The

General Services Administration (GSA)

has determined that this rule is not a

significant rule for the purposes of

Executive Order 12866.

REGULATORY FLEXIBILITY ACT: This rule is

not required to be published in the

Federal Register for notice and

comment. Therefore, the Regulatory

Flexibility Act does not apply.

Authority: Sec. 205(c), 63 Stat. 390 (40

U.S.C. 486(c)).

In 41 CFR Chapter 101, an appendix,

containing temporary regulation H–29,

is added at the end of Subchapter H to

read as follows:

Appendix to Subchapter H—Temporary

Regulations

Federal Property Management Regulations

Temporary Regulation H–29

TO: Heads of Federal agencies

SUBJECT: Criteria for reporting excess

personal property

1. Purpose. This regulation establishes

revised criteria for reporting excess personal

property to GSA, reduces utilization

screening time, raises the dollar threshold for

direct transfers, and updates addresses

associated with reporting excess personal

property.

2. Effective date. This regulation is

effective January 15, 1997.

3. Expiration date. This regulation expires

January 15, 1998.

4. Applicability. This regulation applies to

all executive agencies.

5. Background.

a. Certain excess property is reportable to

GSA by executive agencies for the purpose of

maximizing opportunities for utilization.

Property which is reported to GSA is

afforded regional and nationwide visibility

by inclusion in GSA’s automated property

disposal system—the Federal Disposal

System (FEDS). Once an item is in the FEDS

nationwide inventory of excess and surplus

property, agencies can determine the

availability of property by phoning the

supporting GSA regional office, obtaining a

copy of the FEDS inventory listing, or by

accessing an electronic bulletin board within

FEDS containing the nationwide inventory—

Screen by Computer and Request Excess by

Electronic Notification (SCREEN)

b. GSA’s major personal property

management customers have requested relief

from reporting requirements by reducing the

number of items of excess property to be

reported. GSA is granting these requests

provided such reductions do not result in an

appreciable decline in overall transfer

volumes of excess personal property. GSA

conducted a study to assess the potential

impact of reduced reporting requirements.

The analysis showed that over 70 percent of

the dollar value of property transferred

represented Federal supply classification

(FSC) groups which would continue to be

reported to GSA as excess under the new

reporting requirements.

c. Changes to the reporting criteria will be

reexamined after an implementation period

of 1 year to determine their net effect on

overall business volumes. A significant

decline in the utilization rate (dollar value of

property transfers divided by dollar value of

property generations) would be sufficient

justification for modifying or rescinding the

regulation.