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rescinded, effective (date).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 

Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices 19949 

records notice from its inventory of 

record systems subject to the Privacy 

Act of 1974 (5 U.S.C. 552a), as amended. 

DATES: This proposed action will be 

effective without further notice on June 

1, 2009 unless comments are received 

which result in a contrary 

determination. 

ADDRESSES: Send comments to the Air 

Force Privacy Act Officer, Office of 

Warfighting Integration and Chief 

Information Officer, SAF/XCPPI, 1800 

Air Force Pentagon, Suite 220, 

Washington, DC 20330–1800. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ben Swilley at (703) 696–6648. 

SUPPLEMENTARY INFORMATION: The 

Department of the Air Force systems of 

records notices subject to the Privacy 

Act of 1974 (5 U.S.C. 552a), as amended, 

have been published in the Federal 

Register and are available from the 

address above. 

The Department of the Air Force 

proposes to delete a system of records 

notice from its inventory of record 

systems subject to the Privacy Act of 

1974 (5 U.S.C. 552a), as amended. The 

proposed deletion is not within the 

purview of subsection (r) of the Privacy 

Act of 1974 (5 U.S.C. 552a), as amended, 

which requires the submission of a new 

or altered system report. 

Dated: April 27, 2009. 

Morgan E. Frazier, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

F036 AF PC S 

SYSTEM NAME: 

Contingency Operations System 

(COMPES) (June 11, 1997, 62 FR 31793). 

REASON: 

This system was incorporated into 

F036 AF PC C, Air Force Military 

Personnel Data System (PDS) (June 11, 

1997, 62 FR 31793) 

[FR Doc. E9–9902 Filed 4–29–09; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

[Docket ID: USA–2009–0011] 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of the Army, DoD. 

ACTION: Notice to alter a system of 

records. 

SUMMARY: The Department of the Army 

is proposing to alter a system of records 

notice in its existing inventory of 

records systems subject to the Privacy 

Act of 1974 (5 U.S.C. 552a), as amended. 

DATES: The proposed action will be 

effective on June 1, 2009 unless 

comments are received that would 

result in a contrary determination. 

ADDRESSES: Department of the Army, 

Privacy Office, U.S. Army Records 

Management and Declassification 

Agency, 7701 Telegraph Road, Casey 

Building, Suite 144, Alexandria, VA 

22325–3905. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Leroy Jones, (703) 428–6815. 

SUPPLEMENTARY INFORMATION: The 

Department of the Army systems of 

records notices subject to the Privacy 

Act of 1974 (5 U.S.C. 552a), as amended, 

have been published in the Federal 

Register and are available from the 

address above. 

The proposed system report, as 

required by 5 U.S.C. 552a(r) of the 

Privacy Act of 1974, as amended, was 

submitted on April 24, 2009 to the 

House Committee on Oversight and 

Government Reform, the Senate 

Committee on Homeland Security and 

Governmental Affairs, and the Office of 

Management and Budget (OMB) 

pursuant to paragraph 4c of Appendix I 

to OMB Circular No. A–130, ‘Federal 

Agency Responsibilities for Maintaining 

Records About Individuals,’ dated 

February 8, 1996 (February 20, 1996, 61 

FR 6427). 

Dated: April 24, 2009. 

Morgan E. Frazier, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

A0040–5a DASG DoD 

SYSTEM NAME: 

Defense Medical Surveillance System 

(May 5, 2006, 71 FR 87). 

CHANGES: 

* * * * * 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Delete entry and replace with ‘‘5 

U.S.C. 301, Departmental Regulations; 

10 U.S.C. 136, Under Secretary of 

Defense for Personnel and Readiness; 10 

U.S.C. 3013, Secretary of the Army, 10 

U.S.C. 8013, Secretary of the Air Force, 

10 U.S.C. 5013, Secretary of the Navy; 

DoD Instruction 1100.13, Surveys of 

DoD Personnel; DoD Directive 6490.2, 

Comprehensive Health Surveillance; 

DoD Directive 6490.3, Deployment 

Health; DoD Instruction 6485.01, 

Human Immunodeficiency Virus; DoD 

Directive 1404.10, Civilian 

Expeditionary Workforce; and E.O. 9397 

(SSN).’’ 

* * * * * 

SYSTEM LOCATION: 

Delete entry and replace with ‘‘Armed 

Forces Health Surveillance Center, 

Building T–20, Room 213, 6900 Georgia 

Avenue, NW., Washington, DC 20307– 

5001; and Armed Forces Health 

Surveillance Center, 503 Robert Grant 

Avenue, Silver Spring, MD 20910– 

7500.’’ 

* * * * * 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Delete entry and replace with ‘‘The 

Defense Medical Surveillance System 

contains up-to-date and historical data 

on diseases and medical events (e.g., 

hospitalizations, ambulatory visits, 

reportable diseases, evacuations, 

casualty records, immunizations, 

Human Immunodeficiency Virus (HIV) 

tests, other laboratory tests, prescription 

information, radiology information, 

acute respiratory diseases, and periodic 

and deployment health appraisal 

information) and longitudinal data on 

personnel and deployments. 

Information in this system of records 

originates from personnel systems, 

medical records, health surveys (e.g., 

Pentagon Post Disaster Health 

Assessment, periodic, pre and post 

deployment health assessments) and/or 

health assessments made from specimen 

collections (remaining serum from 

blood samples) from which serologic 

tests can be performed (serum number, 

specimen locator information, collection 

date, place of collection). 

Records being maintained include 

individual’s name, Social Security 

Number (SSN), date of birth, gender, 

branch of service, home address, age, 

medical treatment facility, condition of 

medical and physical health and 

capabilities, responses to survey 

questions, register number assigned, and 

similar records, information and reports, 

relevant to the various registries; and 

specimen collections (remaining serum 

from blood samples) from which 

serologic tests can be performed (serum 

number, specimen locator information, 

collection date, place of collection).’’ 

* * * * * 

PURPOSE: 

Delete entry and replace with ‘‘The 

Defense Medical Surveillance System 

(DMSS) supports a systematic 

collection, analysis, interpretation, and 

reporting of standardized, population 

based data for the purposes of 

characterizing and countering medical 

threats to a population’s health, well 

being and performance. The Armed 

Forces Health Surveillance Center, 

which operates the DMSS, routinely 

publishes summaries of notifiable 

diseases, trends of illnesses of special