Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices 19947 

exempt pursuant to 5 U.S.C. 552a(k)(2). 

However, if an individual is denied any 

right, privilege, or benefit for which he 

would otherwise be entitled by Federal 

law or for which he would otherwise be 

eligible, as a result of the maintenance 

of such information, the individual will 

be provided access to such information 

except to the extent that disclosure 

would reveal the identity of a 

confidential source. 

Records maintained in connection 

with providing protective services to the 

President and other individuals under 

18 U.S.C. 3506, may be exempt pursuant 

to 5 U.S.C. 552a(k)(3). 

Investigatory material compiled solely 

for the purpose of determining 

suitability, eligibility, or qualifications 

for federal civilian employment, 

military service, federal contracts, or 

access to classified information may be 

exempt pursuant to 5 U.S.C. 552a(k)(5), 

but only to the extent that such material 

would reveal the identity of a 

confidential source. 

An exemption rule for this record 

system has been promulgated in 

accordance with the requirements of 5 

U.S.C. 553(b)(1), (2), and (3), (c) and (e) 

and published in 32 CFR part 321. For 

additional information contact the 

system manager. 

[FR Doc. E9–9907 Filed 4–29–09; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DoD–2009–OS–0061] 

U.S. Court of Appeals for the Armed 

Forces Proposed Rules Changes 

AGENCY: Department of Defense. 

ACTION: Notice of Proposed Changes to 

the Rules of Practice and Procedure of 

the United States Court of Appeals for 

the Armed Forces and implementation 

of a new electronic filing program. 

SUMMARY: This notice announces the 

following proposed changes to Rules 

19(a)(5), 20(e), 21(c)(2), 37(a), 37(b)(2), 

and 40(b)(3) of the Rules of Practice and 

Procedure, United States Court of 

Appeals for the Armed Forces and 

implementation of a new electronic 

filing program for public notice and 

comment. New language is in bold 

print. Language to be removed is within 

brackets. 

DATES: Comments on the proposed 

changes must be received within 30 

days of the date of this notice. 

ADDRESSES: You may submit comments, 

identified by docket number and/or 

Regulatory Information Number (RIN) 

and title by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. 

• 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 or RIN 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 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

William A. DeCicco, Clerk of the Court, 

telephone (202) 761–1448. 

Dated: April 24, 2009. 

Morgan E. Frazier, 

Alternate OSD Federal Liaison Officer. 

Department of Defense 

Rule 19(a)(5): 

(A) In all cases where the petition is 

filed by counsel, a supplement to the 

petition establishing good cause in 

accordance with Rule 21 shall be filed 

contemporaneously with the petition. 

Motions for enlargement of time to file 

the supplement, while disfavored, will 

be granted for good cause shown. An 

appellee’s answer to the supplement to 

the petition, except for cases on appeal 

by the United States under Article 62, 

UCMJ, 10 U.S.C. § 862 (2000), may be 

filed no later than 20 days after the 

filing of the supplement. See Rule 21(e). 

A reply may be filed by the appellant no 

later than 5 days after the filing of 

appellee’s answer. An appellee’s answer 

to the supplement in a case under 

appeal by the United States under 

Article 62, UCMJ, may be filed no later 

than 10 days after the filing of the 

supplement; an appellant may file a 

reply no later than 5 days after the filing 

of appellee’s answer. 

(B) In all cases where the petition is 

filed by the appellant, a supplement to 

the petition shall be filed by counsel no 

later than 20 days after the issuance by 

the Clerk of a notice of docketing of the 

petition. See Rule 10(c). An appellee’s 

answer to the supplement to the petition 

and an appellant’s reply may be filed in 

accordance with the time limits 

contained in Rule 19(a)(5)(A). 

[(A) Article 62, UCMJ, appeals. In 

cases involving a decision by a Court of 

Criminal Appeals on appeal by the 

United States under Article 62, UCMJ, 

10 USC § 862, a supplement to the 

petition establishing good cause in 

accordance with Rule 21 shall be filed 

no later than 20 days after the issuance 

by the Clerk of a notice of docketing of 

such a petition for grant of review. See 

Rule 10(c). An appellee’s answer to the 

supplement to the petition for grant of 

review shall be filed no later than 10 

days after the filing of such supplement. 

A reply may be filed by the appellant no 

later than 5 days after the filing of the 

appellee’s answer. 

(B) Other appeals. In all other appeal 

cases, a supplement to the petition 

establishing good cause in accordance 

with Rule 21 shall be filed no later than 

30 days after the issuance by the Clerk 

of a notice of docketing of a petition for 

grant of review. See Rule 10(c). An 

appellee’s answer to the supplement to 

the petition for grant of review may be 

filed no later than 30 days after the 

filing of such supplement. See Rule 

21(e). A reply may be filed by the 

appellant no later than 10 days after the 

filing of the appellee’s answer.] 

Comment: The changes will accelerate 

the case disposition process. The 

accelerated time limits are accompanied 

with a provision to obtain extensions for 

good cause shown to address concerns 

that there may be circumstances where 

additional time may be justified. 

Rule 20(e): 

(e) Upon issuance by the Clerk under 

Rule 10(c) of a notice of docketing of a 

petition for grant of review filed 

personally by an appellant, counsel for 

the appellant shall file a supplement to 

the petition in accordance with the 

applicable time limit set forth in Rule 

19(a)(5)[(A) or](B), and the provisions of 

Rule 21. 

Comment: This change is a 

conforming amendment to bring Rule 

20(e) into alignment with the change in 

Rule 19(a)(5). 

Rule 21(c)(2): 

(2) Answer/reply in other appeals. An 

appellee’s answer to the supplement to 

the petition for grant of review in all 

other appeal cases may be filed no later 

than [30] 20 days after the filing of the 

supplement; see Rule 21(e); (remainder 

of paragraph is unchanged). 

Comment: This change conforms Rule 

21(c)(2) to the change in Rule 19(a)(5). 

Rules 37(a) and 37(b)(2): 

(a) Printing. Except for records of trial 

and as otherwise provided by Rules 

24(f) and 27(a)(4) or any order of the 

Court regarding the electronic filing of 

pleadings, all pleadings and other 

papers relative to a case shall be 

typewritten and double-spaced, printed 

on one side only on white unglazed 

paper, 8.5 by 11 inches in size, securely 

fastened in the top left corner. 

19948 Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices 

(b)(2) Except for electronically filed 

pleadings, an original and 7 legible 

copies of all pleadings or other papers 

relative to a case shall be filed. 

Comment: These changes are 

proposed to account for orders of the 

Court pertaining to electronic filing of 

pleadings. 

Rule 40(b)(3): 

(3) Time allowed. Each side will 

normally be allotted [30] 20 minutes to 

present oral argument. 

Comment: This change is proposed to 

bring the rule into conformance with 

recent court practice. 

Proposed Order on Electronic Filing 

Effective (date), the following 

pleadings may be filed on paper or 

electronically in accordance with the 

guidelines attached to this Order: 

(a) Petitions for grant of review filed 

by counsel under Rule 18(a)(1); 

(b) Supplements to petitions for grant 

of review filed under Rule 21; 

(c) Answers (including 10-day letters 

to the Clerk) and replies filed under 

Rule 21(c); and 

(d) Motions filed under Rule 30 that 

concern the pleadings described in 

paragraphs (a)-(c), and replies thereto, 

when such motions are filed prior to the 

Court’s action granting or denying a 

petition for grant of review. 

It is further ordered that the Orders 

pertaining to electronic filing issued on 

May 8, 2003 (58 M.J. 282) and August 

5, 2004 (60 M.J. 308) are hereby 

rescinded, effective (date). 

Proposed Guidelines for Electronic 

Filing of Pleadings 

1. Scope 

The United States Court of Appeals 

for the Armed Forces adopts the 

following provisions to govern the filing 

of the documents described in 

paragraphs (a)-(d) of the order 

(hereinafter collectively referred to as 

‘‘petition documents’’): 

a. This Order applies to all petition 

documents filed electronically on or 

after (date). An appendix to the 

supplement to the petition for grant of 

review (containing the decision of the 

Court of Criminal Appeals, matters 

submitted pursuant to United States v. 

Grostefon, 12 M.J. 431 (C.M.A. 1982) 

and other required matter) is included 

in this requirement to be filed 

electronically unless it consists of more 

than 50 pages. In such a case, the 

appendix may be submitted on paper 

and the supplement submitted 

electronically. In lieu of submitting an 

appendix in excess of 50 pages on 

paper, counsel may submit it in a CD or 

DVD format and note in the supplement 

that it is being filed in that format under 

separate cover. Record matters in the 

form of video media on CD–ROM or 

DVD may be submitted in a separate 

volume of the appendix that is filed in 

accordance with Rule 21(b). 

b. A petition for grant of review filed 

personally by an appellant shall be filed 

on paper as provided under Rule 20(a). 

All subsequent petition documents filed 

by counsel in such a case may be filed 

on paper or electronically except as 

provided in section 1.c of these 

guidelines. 

c. This Order does not provide for 

electronic filing of documents 

concerning other matters, such as 

documents concerning certified cases; 

mandatory review cases; writ-appeal 

petitions; petitions for extraordinary 

relief; petitions for new trial; and 

petitions for reconsideration. In a case 

arising under Article 67(a)(3), UCMJ, 

(petitions for grant of review), the Order 

permits electronic filing only with 

respect to documents filed before the 

Court issues an order granting or 

denying review. 

2. Electronic Filing Address 

Counsel shall file petition and motion 

documents at the following e-mail 

address: (to be filled in) 

@armfor.uscourts.gov 

For questions or help concerning the 

electronic filing of pleadings, counsel 

should contact the Clerk’s Office at 

(202) 761–1448. 

3. Procedure 

a. The electronic filing of a petition 

document shall be deemed filed as of 

the date and time of the transmission of 

the electronic mail message. 

b. The electronic mail message shall 

contain the following in the subject 

block: (1) The name of the case; (2) the 

docket number if a docket number has 

been assigned; and (3) the words 

‘‘electronic filing.’’ A description of 

what is being attached will be included 

in the body of the electronic mail 

message. 

c. The pleading shall be attached to 

the electronic mail message in Portable 

Document Format (PDF), and, when 

printed, shall be in compliance with the 

Rules of Practice and Procedure of the 

Court. 

d. Counsel shall send an electronic 

copy of the message and all attachments 

to opposing counsel to accomplish 

service of the pleading under Rule 39. 

This may be accomplished by listing 

opposing counsel as a ‘‘cc’’ recipient of 

the electronic message. 

e. The pleading attached to an 

electronic filing shall contain the 

conformed signature (‘‘/s/’’) or digital 

signature of the attorney of record. This 

will comply with Rule 38. 

f. If a pleading is filed electronically 

in accordance with this Order, the party 

is not required to prepare and file 

printed copies under Rules 37(a) and 

37(b)(2). The Court will send a reply 

electronic message to the sender 

indicating receipt of the electronic 

filing. 

g. Classified material and material 

under seal will not be filed 

electronically. If such matters need to be 

filed, they will be submitted to the 

Court on paper as a supplemental filing 

to the document in which they would 

otherwise appear. In such cases, counsel 

will include in the text of the electronic 

mail message a notation that classified 

or sealed material is being separately 

submitted. The classified or sealed 

material will be appropriately packaged, 

marked and delivered, and will include 

a notation that it accompanies an 

electronic filing in the case. All 

classified material will be handled in 

accordance with Rule 12. 

h. Counsel must refrain from 

including and shall redact the following 

personal data identifiers from 

documents filed with the Court: 

• Social security numbers 

• Names of minors 

• Dates of birth 

• Financial account numbers 

• Home addresses 

i. Upon the entry of an order granting 

or denying an electronically filed 

petition for grant of review, the Clerk 

will electronically transmit a copy of the 

order to counsel. 

Comment: Appellate courts are 

increasingly providing for electronic 

filing of pleadings. This proposal will 

permit electronic filing of pleadings at 

the petition stage of cases before the 

Court. By making the program optional, 

the rules provide for circumstances in 

which counsel may find it necessary to 

file on paper. 

[FR Doc. E9–9912 Filed 4–29–09; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Department of the Air Force 

[Docket ID USAF–2009–0028] 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of the Air Force, 

DoD. 

ACTION: Notice to delete a System of 

Records. 

SUMMARY: The Department of the Air 

Force proposes to delete a system of