54390 Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Notices 

agency access to each such visual 

depiction. 

(b) It shall be an affirmative defense 

to any offense under this paragraph that 

all of the persons engaging in sexually 

explicit conduct in a visual depiction 

were in fact persons at least 18 years 

old. 

(11) On motion of the government, in 

any prosecution under this paragraph, 

except for good cause shown, the name, 

address, social security number, or other 

nonphysical identifying information, 

other than the age or approximate age, 

of any minor who is depicted in any 

child pornography or visual depiction 

or copy thereof shall not be admissible 

and may be redacted from any otherwise 

admissible evidence, and the panel shall 

be instructed, upon request of the 

Government, that it can draw no 

inference from the absence of such 

evidence. 

d. Lesser included offenses. 

(1) Possessing, receiving, or viewing 

child pornography 

Article 80—attempts. 

(2) Possessing child pornography with 

intent to distribute 

Article 80—attempts. 

Article 134—possessing child 

pornography. 

(3) Distributing child pornography 

Article 80—attempts. 

Article 134—possessing child 

pornography. 

Article 134—possessing child 

pornography with intent to distribute. 

(4) Producing child pornography 

Article 80—attempts. 

Article 134—possessing child 

pornography. 

Article 134—possessing child 

pornography with intent to distribute. 

e. Maximum punishment. 

(1) Possessing, receiving, or viewing 

child pornography. Dishonorable 

discharge, forfeiture of all pay and 

allowances, and confinement for 10 

years. 

(2) Possessing child pornography with 

intent to distribute. Dishonorable 

discharge, forfeiture of all pay and 

allowances, and confinement for 15 

years. 

(3) Distributing child pornography. 

Dishonorable discharge, forfeiture of all 

pay and allowances, and confinement 

for 20 years. 

(4) Producing child pornography. 

Dishonorable discharge, forfeiture of all 

pay and allowances, and confinement 

for 30 years. 

f. Sample specification. 

Possessing, receiving, viewing, 

possessing with intent to distribute, 

distributing or producing child 

pornography. 

In that llll (personal jurisdiction 

data), did, at llll, on or about 

llll knowingly and wrongfully 

(possess)(receive)(view)(distribute) 

(produce) child pornography, to wit: A 

(photograph)(video)(film)(picture) 

(digital image)(computer image) of a 

minor, or what appears to be a minor, 

engaging in sexually explicit conduct (, 

with intent to distribute the said child 

pornography).’’ 

Section 3. These amendments shall 

take effect on [30 days after signature]. 

(a) Nothing in these amendments 

shall be construed to make punishable 

any act done or omitted prior to [30 

days after signature] that was not 

punishable when done or omitted. 

(b) Nothing in these amendments 

shall be construed to invalidate any 

nonjudicial punishment proceedings, 

restraint, investigation, referral of 

charges, trial in which arraignment 

occurred, or other action begun prior to 

[30 days after signature], and any such 

nonjudicial punishment, restraint, 

investigation, referral of charges, trial, or 

other action may proceed in the same 

manner and with the same effect as if 

these amendments had not been 

prescribed. 

The White House 

Changes to the Discussion 

Accompanying the Manual for Courts 

Martial, United States 

(a) Paragraph (4) of the Discussion 

immediately after R.C.M. 202(a) is 

amended to read as follows: 

‘‘(4) Limitations on jurisdiction over 

civilians. Court-martial jurisdiction over 

civilians under the code is limited by 

judicial decisions. The exercise of 

jurisdiction under Article 2(a)(11) in 

peace time has been held 

unconstitutional by the Supreme Court 

of the United States. Before initiating 

court-martial proceedings against a 

civilian, relevant statutes, decisions, 

service regulations, and policy 

memoranda should be carefully 

examined.’’ 

(b) The first paragraph of the 

Discussion following R.C.M. 1003(b)(3) 

is amended to read as follows: 

A fine is in the nature of a judgment and, 

when ordered executed, makes the accused 

immediately liable to the United States for 

the entire amount of money specified in the 

sentence. A fine normally should not be 

adjudged against a member of the armed 

forces unless the accused was unjustly 

enriched as a result of the offense of which 

convicted. In the case of a civilian subject to 

military law, a fine, rather than a forfeiture, 

is the proper monetary penalty to be 

adjudged, regardless of whether unjust 

enrichment is present. 

Changes to Appendix 21, Analysis of 

Rules for Courts-Martial 

(a) Add the following to the Analysis 

accompanying R.C.M. 1106(d): 

‘‘200_ Amendment: Subsection (d) is 

restated in its entirety to clarify that 

subsections (d)(4), (d)(5) and (d)(6) were 

not intended to be eliminated by the 

2008 Amendment. 

2008 Amendment: Subsections (d)(1) 

and (d)(3) were modified to simplify the 

requirements of the staff judge 

advocate’s or legal officer’s 

recommendation.’’ 

Changes to Appendix 23, Analysis of 

Punitive Articles 

(a) Add the following to the Analysis 

accompanying Paragraph 44, Article 

119—Manslaughter: 

‘‘b. Elements. 

200_ Amendment: The 2008 

Amendment inadvertently omitted the 

change to this paragraph in the 2007 

Amendment. Paragraph (2)(d) of the 

elements is corrected to restore the 2007 

Amendment. 

2008 Amendment: Notes were 

included to add an element if the person 

killed was a child under the age of 16 

years. 

e. Maximum punishment. 

2008 Amendment: The maximum 

authorized confinement for voluntary 

manslaughter was increased from 15 

years to 20 years when the person killed 

was a child under the age of 16 years. 

The maximum authorized confinement 

for involuntary manslaughter was 

increased from 10 years to 15 years 

when the person killed was a child 

under the age of 16 years.’’ 

September 15, 2008. 

Morgan Frazier, 

Alternate OSD Federal Register, Liaison 

Officer, Department of Defense. 

[FR Doc. E8–21965 Filed 9–18–08; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

Availability of Non-Exclusive, 

Exclusive License or Partially 

Exclusive Licensing of U.S. Patent 

Concerning ‘‘Combined Skirt-Reefing 

and Slider Method for Controlling 

Parachute Opening’’ 

AGENCY: Department of the Army, DoD. 

ACTION: Notice. 

SUMMARY: In accordance with 37 CFR 

Part 404.6, announcement is made of 

the availability for U.S. licensing of 

Patent No. US 7,419,122 entitled 

‘‘Combined Skirt-Reefing and Slider 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Notices 54391 

Method for Controlling Parachute 

Opening’’ issued September 2, 2008. 

This patent has been assigned to the 

United States Government as 

represented by the Secretary of the 

Army. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jeffrey DiTullio at U.S. Army Soldier 

Systems Center, Kansas Street, Natick, 

MA 01760, Phone; (508) 233–4184 or email: Jeffrey.Ditullio@us.army.mil. 

SUPPLEMENTARY INFORMATION: Any 

licenses granted shall comply with 35 

U.S.C. 209 and 37 CFR Part 404. 

Brenda S. Bowen, 

Army Federal Register Liaison Officer. 

[FR Doc. E8–21924 Filed 9–18–08; 8:45 am] 

BILLING CODE 3710–08–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

Notice of Intent To Prepare an 

Environmental Impact Statement (EIS) 

for Disposal and Reuse of Fort 

Monroe, VA, Resulting From the 2005 

Base Closure and Realignment 

Commission’s Recommendations 

AGENCY: Department of the Army, DoD. 

ACTION: Notice of Availability. 

SUMMARY: The Department of the Army 

intends to prepare an EIS for the 

disposal and reuse of Fort Monroe, 

Hampton, Virginia. Pursuant to the 

BRAC law, Fort Monroe is to close by 

September 14, 2011. Other actions 

included in the closing of Fort Monroe 

are relocating the Headquarters, U.S. 

Army Training and Doctrine Command 

(TRADOC); the Installation Management 

Command (IMCOM) Northeast Region; 

the U.S. Army Network Enterprise 

Technology Command (NETCOM) 

Northeast Region; and the Army 

Contracting Agency Northeast Region 

Office to Fort Eustis, Virginia. The U.S. 

Army Accessions Command and the 

U.S. Army Cadet Command will be 

relocated to Fort Knox, Kentucky. These 

relocations have been or will be 

addressed in separate National 

Environmental Policy Act (NEPA) 

documents for those locations. 

DATES: The scoping meeting for the EIS 

will be held on October 28, 2008, 7 p.m. 

to 9 p.m., Northampton Community 

Center, 1435 Todds Lane, Hampton, VA 

23666. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jennifer Guerrero; phone: (757) 788– 

5363; e-mail: 

jennifer.lee.guerrero@us.army.mil. 

SUPPLEMENTARY INFORMATION: Fort 

Monroe is a 570-acre U.S. Army 

Garrison located at the southeastern tip 

of the Virginia Lower Peninsula 

between Hampton Roads and the Lower 

Chesapeake Bay. The hallmark of Fort 

Monroe is its stone fortress and moat. 

The proposed action (Army primary 

action) is to dispose of the surplus 

property generated by the BRACmandated closure of Fort Monroe. Reuse 

of Fort Monroe by others is a secondary 

action resulting from disposal. The 

Army has identified two disposal 

alternatives (early transfer and 

traditional disposal), a caretaker status 

alternative, and the no action alternative 

(as required by NEPA). The EIS will 

analyze the impact of each reuse 

alternative upon a wide range of 

environmental resource areas including, 

but not limited to, air quality, traffic, 

noise, biological resources, water 

resources, geology and soils, cultural 

resources, socioeconomic, utilities, land 

use, aesthetics and visual resources, 

hazardous and toxic substances, and 

cumulative environmental effects. 

The Army will conduct an 

environmental impact analysis that will 

focus on the effects of closure and reuse. 

One preliminary finding is that 

transportation impacts will have the 

most significant effect, with or without 

a major tourism component in the reuse 

plan. Also, at this early stage, impacts 

to air quality, infrastructure, and land 

use are not considered significant. With 

respect to cultural resources, significant 

adverse impacts are possible, but these 

can be mitigated by provisions 

contained in the Programmatic 

Agreement between the Army and the 

Virginia Department of Historic 

Resources. 

Additional resources and conditions 

may be identified as a result of the 

scoping process initiated by this NOI. 

Other opportunities for public 

participation will be announced in the 

respective local news media. The public 

will be invited to participate in scoping 

activities for the EIS and comments 

from the public will be considered 

before any action is taken to implement 

the disposal and reuse of Fort Monroe. 

Dated: September 12, 2008. 

Addison D. Davis, IV, 

Deputy Assistant Secretary of the Army 

(Environment, Safety and Occupational 

Health). 

[FR Doc. E8–21807 Filed 9–18–08; 8:45 am] 

BILLING CODE 3710–08–M 

DEPARTMENT OF DEFENSE 

Department of the Army; Corps of 

Engineers 

Public Scoping Meetings for Update of 

the Water Control Manual for the 

Apalachicola-Chattahoochee-Flint 

River Basin in Georgia, Florida, and 

Alabama 

AGENCY: Department of the Army, U.S. 

Army Corps of Engineers, DoD. 

ACTION: Supplement to Notice of Intent. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps), Mobile District, 

issued a Notice of Intent (NOI) in the 

Federal Register (73 FR 9780) published 

on February 22, 2008, describing the 

preparation of a Draft Environmental 

Impact Statement (EIS), as required by 

the National Environmental Policy Act 

(NEPA) to address the proposed update 

of the Water Control Manual (WCM) for 

the Apalachicola-Chattahoochee-Flint 

(ACF) River Basin located in Georgia, 

Florida, and Alabama. The Corps will 

hold five public scoping meetings 

during the month of October as part of 

its review and update of the WCM for 

the ACF River Basin. The public is 

invited to attend the scoping meetings 

which will provide information on the 

WCM update process and afford the 

opportunity to receive input from the 

public about their issues and concerns 

regarding that process. All five public 

meetings will be held using an open 

house format, allowing time for 

participants to review specific 

information and to provide comments to 

the resource staff attending the meeting. 

DATES: See SUPPLEMENTARY INFORMATION

section for meeting dates. 

ADDRESSES: See SUPPLEMENTARY

INFORMATION section for meeting 

addresses. 

FOR FURTHER INFORMATION CONTACT: 

Questions about the manual update or 

NEPA process can be answered by: Mr. 

Brian Zettle, Biologist, Environment and 

Resources Branch, Planning and 

Environmental Division, U.S. Army 

Engineer District-Mobile, Post Office 

Box 2288, Mobile, AL 36628–0001; 

Telephone (251) 690–2115; or delivered 

by electronic facsimile at (251) 694– 

3815; or e-mail: 

brian.a.zettle@.usace.army.mil. You 

may also request to be included on the 

mailing list for public distribution of 

notices, meeting announcements and 

documents. 

SUPPLEMENTARY INFORMATION: The 

meeting dates are: 

1. October 20, 2008, 5 p.m.–8 p.m. 

(EDT), Apalachicola, FL. 


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