54370 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Notices 

Dated: September 8, 2005. 

Stephen L. Leathery, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 05–18230 Filed 9–13–05; 8:45 am] 

BILLING CODE 3510–22–S 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday, October 

7, 2005. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: 

Surveillance Matters. 

FOR FURTHER INFORMATION CONTACT: Jean 

A. Webb, (202) 418–5100. 

Jean A. Webb, 

Secretary of the Commission. 

[FR Doc. 05–18334 Filed 9–12–05; 11:52 am] 

BILLING CODE 6351–01–M 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday, October 

14, 2005. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

Matters. 

FOR FURTHER INFORMATION CONTACT: Jean 

A. Webb, (202) 418–5100. 

Jean A. Webb, 

Secretary of the Commission. 

[FR Doc. 05–18335 Filed 9–12–05; 11:52 am] 

BILLING CODE 6351–01–M 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday, October 

21, 2005. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

Matters. 

FOR FURTHER INFORMATION CONTACT: Jean 

A. Webb, (202) 418–5100. 

Jean A. Webb, 

Secretary of the Commission. 

[FR Doc. 05–18336 Filed 9–12–05; 11:52 am] 

BILLING CODE 6351–01–M 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday, October 

28, 2005. 

PLACE: 1155 21st St., NW., Washington, 

DC., 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

Matters. 

FOR FURTHER INFORMATION CONTACT: Jean 

A. Webb, (202) 418–5100. 

Jean A. Webb, 

Secretary of the Commission. 

[FR Doc. 05–18337 Filed 9–12–05; 11:52 am] 

BILLING CODE 6351–01–M 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

List of Institutions of Higher Education 

Ineligible for Federal Funds 

AGENCY: Department of Defense. 

ACTION: Notice. 

SUMMARY: This document is published 

to identify institutions of higher 

education that are ineligible for 

contracts and grants by reason of a 

determination by the Secretary of 

Defense that the institution prohibits or 

in effect prevents military recruiter 

access to the campus, students on 

campus or student directory 

information. It also implements the 

requirements set forth in section 983 of 

title 10, United States Code, and 32 CFR 

Part 216. The institution of higher 

education so identified is: 

New York Law School, New York, New 

York 

ADDRESSES: Director for Accession 

Policy, Office of the Under Secretary of 

Defense for Personnel and Readiness, 

4000 Defense Pentagon, Washington, DC 

20301–4000. 

FOR FURTHER INFORMATION CONTACT: 

Commander Ronda Syring, (703) 695–

5529. 

Dated: September 8, 2005. 

L.M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 05–18178 Filed 9–13–05; 8:45 am] 

BILLING CODE 5001–06–M 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

U.S. Court of Appeals for the Armed 

Forces Proposed Rule 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 36, 

39, 21(b)(6), 24(a), 28(a), 32, 34(b), and 

10(a)(3) of the Rules of Practice and 

Procedure, United States Court of 

Appeals for the Armed Forces for public 

notice and comment. New language is in 

bold print. 

DATES: Comments on the proposed 

changes must be received by October 14, 

2005. 

FOR FURTHER INFORMATION CONTACT: 

William A. DeCicco, Clerk of Court, 

telephone (202) 761–1448 (ext. 600). 

Proposed Revision to Rule 36 

Rule 36. Filing of Pleadings 

(a) In general. Pleadings or other 

papers relative to a case shall be filed in 

the Clerk’s office, 450 E Street, 

Northwest, Washington, DC 20442–

0001, either in person, by mail, or by 

third-party commercial carrier. See Rule 

37(b)(2). 

(b) Filing in person. (no change). 

(c) Filing by mail or third-party 

commercial carrier. If a pleading or 

other paper is filed by mail, such filing 

shall consist of depositing the pleading 

or other paper with the United States 

Postal Service, with no less than firstclass postage prepaid, properly 

addressed to the Clerk’s office. If a 

pleading or other paper is filed through 

a third-party commercial carrier, such 

filing shall consist of delivery to the 

commercial carrier for delivery within 3 

calendar days. 

(d) Time of filing. Pleadings or other 

papers shall be deemed to have been 

filed on the date they are delivered to 

the Clerk’s office under subsection (b) or 

on the date they are mailed or delivered 

to a commercial carrier under 

subsection (c). See Rules 37(b)(1) and 

39(e). 

(e) Non-compliant pleadings. (no 

change). 

Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Notices 54371 

Explanatory Note for Rule 36 (Filing 

of Pleadings): 

Rule 36 has been amended to allow 

for filing of pleadings and other papers 

by ‘‘third-party commercial carrier’’

(e.g., FedEx or UPS). For purpose of 

filing, if a commercial carrier is used it 

must be for delivery within 3 calendar 

days. This rule change was made to 

reflect the fact that third-party 

commercial carriers are well-established 

and this means of delivery of documents 

should be available to counsel. The rule 

is consistent with the Federal Rules of 

Appellate Procedure, Rule 25(B), 

relating to briefs. Those rules, however, 

would not deem other pleadings or 

papers filed until they are received by 

the Clerk of the Court. 

Proposed Revision to Rule 39 

Rule 39. Service of Pleadings 

(a) In general. At or before the filing 

of any pleading or other paper relative 

to a case in the Clerk’s office, a copy 

thereof shall be served on all counsel of 

record, including amicus curiae 

counsel, in person, by mail, by thirdparty commercial carrier, or by 

electronic means if the party being 

served consents. See Rule 16(b). When 

a party is not represented by counsel, 

service shall be made on such party in 

person, by mail, or by third-party 

commercial carrier. When reasonable, 

considering such factors as the 

immediacy of the relief sought, distance, 

and cost, service must be at least as 

expeditious as the manner used to file 

the pleading or other paper with the 

Court. See Rule 36. 

(b) Personal service. (no change). 

(c) Service by mail. (no change). 

(d) Service by third-party commercial 

carrier. If service is made by a thirdparty commercial carrier, it shall be for 

delivery within 3 calendar days. 

(e) Time of service. Personal service is 

complete on delivery. Service by mail or 

third-party commercial carrier is 

complete on mailing or delivery to the 

carrier. Service by electronic means is 

complete upon transmission. 

(f) Certificate for review. (no change 

other than redesignation of 

subparagraph). 

(g) Form of certificate of filing and 

service. A certificate indicating the 

specific manner of filing under Rule 36 

and the specific manner of service 

under this rule shall be included in any 

pleading or other paper substantially in 

the following form: 

Certificate of Filing and Service 

I certify that the original and seven 

copies of the foregoing were [delivered] 

(or) [mailed—specify class] (or) 

[delivered to—specify the name of the 

third-party commercial carrier—for 

delivery-specify within how many days 

delivery will be effected] to the Court on 

llllllllll (date) and 

llll that a copy of the foregoing 

was [delivered] (or) [mailed—specify 

class] (or [delivered to—specify the 

name of the third-party commercial 

carrier-for delivery—specify within how 

many days delivery will be effected] (or) 

[transmitted by electronic means with 

the consent of the counsel being 

served—specify the electronic mail 

address or facsimile number used] to 

(enter specific name of each counsel of 

record or party, if not represented) on 

llllllllll (date). 

lllllllllllllllllll

(Typed name and signature of certifying 

person) 

lllllllllllllllllll

(Address and telephone no. of certifying 

person) 

Explanatory Note for Rule 39 (Service 

of Pleadings): 

Rule 39 has been amended to allow 

for service of pleadings and other papers 

by third-party commercial carrier. For 

purpose of service, if a commercial 

carrier is used it must be for delivery 

within 3 calendar days. This rule 

change was made to reflect the fact that 

third-party commercial carriers are wellestablished and this means of delivery 

of documents should be available to 

counsel. A similar provision can be 

found in the Federal Rules of Appellate 

Procedure, Rule 25(c)(1)(C). Under the 

rule, generally, service should be as 

expeditious as filing. 

Rule 39 also allows for service of 

documents by electronic means with the 

consent of the party being served, if the 

party is represented by counsel. Service 

by facsimile or by e-mail is faster and 

more economical. It also gives the party 

being served the opportunity to start 

work on a reply (if any) and to share the 

document with others (co-counsel, etc.) 

promptly and efficiently. The rule only 

applies when both sides are represented 

by counsel. The Federal Rules of 

Appellate Procedure, Rule 25(c)(1)(C), 

allows for electronic service with 

consent but the consent must be in 

writing. 

Other Rules Requiring Change Due To 

the Above 

Proposed Revision To Rule 21(b)(6): 

(6) A certificate of filing and service 

in accordance with Rule 39(g). 

Proposed Revision To Rules 24(a), 

28(a), and 32: 

Rules 24(a), 28(a), and 32, pertaining 

to certificates of filing and service for 

Briefs, Petitions for Extraordinary Relief, 

and Petitions for Reconsideration: 

Rule 24(a): 

Certificate of Filing and Service 

I certify that a copy of the foregoing 

was [delivered] (or) [mailed—specify 

class] (or) [delivered to-specify the name 

of the third-party commercial carrier—

for delivery and specify within how 

many days delivery will be effected] to 

the Court and [delivered] (or) [mailedspecify class] (or) [delivered to—specify 

the name of the third—party 

commercial carrier—for delivery and 

specify within how many days delivery 

will be effected] (or) [transmitted by 

electronic means with the consent of the 

counsel being served] to 

lllllllllllllll (e-mail 

or facsimile no.) on 

llllllllll (date). 

Where more than one counsel or party 

is being served, the certificate should 

specify how each party or counsel was 

served. 

lllllllllllllllllll

(Typed name and signature of certifying 

person) 

lllllllllllllllllll

(Address and telephone no. of certifying 

person) 

Rule 28(a): 

Certificate of Filing and Service 

I certify that a copy of the foregoing 

was [delivered] (or) [mailed—specify 

class] (or) [delivered to-specify the name 

of the third-party commercial carrier—

for delivery and specify within how 

many days delivery will be effected] to 

the Court, [delivered] (or) [mailedspecify class] (or) [delivered to-specify 

the name of the third-party commercial 

carrier—for delivery and specify within 

how many days delivery will be 

effected] (or) to the [trial or appellate 

military judge whose decision, 

judgment, or order is the subject of the 

petition], and [delivered] (or) [mailed—

specify class] (or) [delivered to—specify 

the name of the third-party commercial 

carrier—for delivery and specify within 

how many days delivery will be 

effected] (or) [transmitted by electronic 

means with the consent of the counsel 

being served—specify the electronic 

mail address or facsimile number used] 

to lllllllllllllll (email or facsimile no.), the [respondent] 

[appellee] on llllllllll 

(date). 

lllllllllllllllllll

(Typed name and signature) 

lllllllllllllllllll

(Address and telephone no.) 

Rule 32: 

54372 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Notices 

Certificate of Filing and Service 

I certify that a copy of the foregoing 

was [delivered] (or) [mailed—specify 

class] (or) [delivered to—specify the 

name of the third-party commercial 

carrier—for delivery and specify within 

how many days delivery will be 

effected] to the Court and [delivered] 

(or) [mailed-specify class] (or) [delivered 

to—specify the name of the third-party 

commercial carrier—for delivery and 

specify within how many days delivery 

will be effected] (or) [transmitted by 

electronic means with the consent of 

counsel being served] to the [appellant] 

[appellee] [petitioned] [respondent] on 

llllllllll (date). 

lllllllllllllllllll

(Typed name and signature) 

lllllllllllllllllll

(Address and telephone no.) 

Rule 34(b): 

(b) Additional time when service not 

made in person. 

Whenever a party has the right or is 

required to do some act within a 

prescribed period after the issuance of 

an order or the filing of a notice, 

pleading, or other paper relative to a 

case when service thereof is made upon 

him by mail, 5 days will be added to the 

prescribed period if the party upon 

whom the service is made is within the 

limits of the contiguous 48 States and 

the District of Columbia, and 15 days 

will be added if the party is located 

outside these limits, including the 

States of Alaska and Hawaii. If service 

is made by delivery to commercial 

third-party carrier or electronically, an 

additional 3 days will be added to the 

prescribed period, regardless of the 

location where service is made. This 

provision for additional time shall not 

apply, however, to the time limitations 

prescribed in Rule 19(a)(1) for the filing 

of a petition for grant of review. 

Explanatory Note for Rules 21(b)(6), 

24(a), 28(a), 32, and 34(b): 

Rules 21(b)(6), 24(a), 28(a), 32, and 

34(b) pertaining to certificates of filing 

and service have been amended to 

reflect the changes in Rules 36 and 39. 

Rule 10(a)(3): 

(3) a special docket to the matters 

arising under Rule 15 concerning 

complaints of unprofessional conduct 

against a member of the Bar of this 

Court, and petitions and other 

correspondence that are not docketed on 

another docket, and that are returned to 

the sender. 

Explanatory Note for Rule 10(a)(3): 

This amendment establishes a new 

special docket for documents that are 

returned to the sender without the Court 

taking any action. The reason for this 

change is to retain a record of the 

receipt by the Court of the document as 

well as the decision to not take any 

action or to docket the document on the 

regular docket kept by the Court. 

Dated: September 8, 2005. 

L.M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 05–18177 Filed 9–13–05; 8:45 am] 

BILLING CODE 5001–06–M 

DEPARTMENT OF EDUCATION 

Notice of Proposed Information 

Collection Requests 

AGENCY: Department of Education. 

SUMMARY: The Leader, Information 

Management Case Services Team, 

Regulatory Information Management 

Services, Office of the Chief Information 

Officer, invites comments on the 

proposed information collection 

requests as required by the Paperwork 

Reduction Act of 1995. 

DATES: Interested persons are invited to 

submit comments on or before 

November 14, 2005. 

SUPPLEMENTARY INFORMATION: Section 

3506 of the Paperwork Reduction Act of 

1995 (44 U.S.C. Chapter 35) requires 

that the Office of Management and 

Budget (OMB) provide interested 

Federal agencies and the public an early 

opportunity to comment on information 

collection requests. OMB may amend or 

waive the requirement for public 

consultation to the extent that public 

participation in the approval process 

would defeat the purpose of the 

information collection, violate State or 

Federal law, or substantially interfere 

with any agency’s ability to perform its 

statutory obligations. The Leader, 

Information Management Case Services 

Team, Regulatory Information 

Management Services, Office of the 

Chief Information Officer, publishes that 

notice containing proposed information 

collection requests prior to submission 

of these requests to OMB. Each 

proposed information collection, 

grouped by office, contains the 

following: (1) Type of review requested, 

e.g. new, revision, extension, existing or 

reinstatement; (2) Title; (3) Summary of 

the collection; (4) Description of the 

need for, and proposed use of, the 

information; (5) Respondents and 

frequency of collection; and (6) 

Reporting and/or Recordkeeping 

burden. OMB invites public comment. 

The Department of Education is 

especially interested in public comment 

addressing the following issues: (1) Is 

this collection necessary to the proper 

functions of the Department; (2) will 

this information be processed and used 

in a timely manner; (3) is the estimate 

of burden accurate; (4) how might the 

Department enhance the quality, utility, 

and clarity of the information to be 

collected; and (5) how might the 

Department minimize the burden of this 

collection on the respondents, including 

through the use of information 

technology. 

Dated: September 7, 2005. 

Angela C. Arrington, 

Leader, Information Management Case 

Services Team, Regulatory Information 

Management Services, Office of the Chief 

Information Officer. 

Institute of Education Sciences 

Type of Review: Revision. 

Title: Impact Evaluation of Charter 

School Strategies—Student, Parent, 

Principal, and Authorizer Surveys. 

Frequency: Annually. 

Affected Public: Individuals or 

household; Not-for-profit institutions. 

Reporting and Recordkeeping Hour 

Burden: 

Responses: 3,150. 

Burden Hours: 825. 

Abstract: This OMB package requests 

clearance for a set of data collection 

activities to be used in the Impact 

Evaluation of Charter School Strategies 

that includes surveys of students, their 

parents, principals, and charter school 

authorizers. This submission represents 

the second in a two-stage clearance 

process. The first stage resulted in a 

January 2005 approval (OMB 1850–

0799) for the evaluation design, 

sampling and analysis plan, and for 

initial data collection activities 

necessary for random assignment 

(consent form, baseline form, and school 

records collection). The current 

submission requests approval for three 

modest enhancements to the design and 

for the specific instruments that were 

only briefly described in the earlier 

package. 

Requests for copies of the proposed 

information collection request may be 

accessed from http://edicsweb.ed.gov, 

by selecting the ‘‘Browse Pending 

Collections’’ link and by clicking on 

link number 2876. When you access the 

information collection, click on 

‘‘Download Attachments’’ to view. 

Written requests for information should 

be addressed to U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Potomac Center, 9th Floor, Washington, 

DC 20202–4700. Requests may also be 

electronically mailed to the Internet 

address OCIO_RIMG@ed.gov or faxed to 

202–245–6621. Please specify the 

complete title of the information 

collection when making your request.