Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Notices 54387 

entities to submit comments and 

supporting evidence before a 

commercial availability determination is 

made. In Presidential Proclamations 

7987 and 7996, the President delegated 

to CITA the authority under section 

203(o)(4) of CAFTA-DR Act for 

modifying the Annex 3.25 list. On 

March 21, 2007, CITA published Final 

Procedures it would follow in 

considering requests to modify the 

Annex 3.25 list (72 FR 13256) 

(‘‘procedures’’). 

On August 5, 2008, the Chairman of 

CITA received a Request for a 

commercial availability determination 

(‘‘Request‘‘) under the CAFTA-DR from 

Sandler, Travis & Rosenberg, P.A., on 

behalf of Badger Sportswear Inc., for 

certain three-yarn circular stretch knit 

fleece fabrics. On August 7, 2008, in 

accordance with CITA’s procedures, 

CITA notified interested parties of the 

Request and posted the Request on the 

dedicated website for CAFTA-DR 

Commercial Availability. In its 

notification, CITA advised that any 

Response with an Offer to Supply 

(‘‘Response’’) must be submitted by 

August 19, 2008, and any Rebuttal be 

submitted by August 25, 2008. On 

August 19, 2008, CITA advised 

interested parties that it would extend 

its deadlines, such that Responses 

would be due by August 20, 2008, and 

that Rebuttals would be due by August 

26, 2008. 

CITA received a Response from 

Elasticos Centroamericanos y Textiles 

(‘‘Elcatex‘‘) objecting to the Request and 

offering to supply a substitute for the 

subject product. Badger submitted a 

Rebuttal to Elcatex’s Response, arguing 

that Elcatex had failed to demonstrate 

that its proposed fabric was an 

acceptable substitute for the subject 

product. Because there was insufficient 

information on the record of the 

proceeding to make a determination 

whether the fabric proposed by Elcatex 

was an acceptable substitute, on August 

28, 2008, the Chairman of CITA issued 

supplemental questions to both Elcatex 

and Badger regarding the proposed 

fabric. Submissions from Elcatex and 

Badger were received on September 2, 

2008. 

Section 203(o)(4)(C)(ii) of the CAFTADR Act provides that after receiving a 

Request, a determination will be made 

as to whether the subject product is 

available in commercial quantities in a 

timely manner in the CAFTA-DR 

countries. In the instant case, the 

information on the record clearly 

indicates that Badger made significant 

efforts to source the fabric in the 

CAFTA-DR countries, including from 

Elcatex, and that Elcatex has not 

demonstrated that it can supply either 

the specified fabric or an acceptable 

substitute. Therefore, in accordance 

with section 203(o) of the CAFTA-DR 

Act, and CITA’s procedures, as CITA 

has determined that the subject product 

is not available in commercial quantities 

in a timely manner, CITA has 

determined to add the specified fabrics 

to the list in Annex 3.25 of the CAFTADR Agreement. 

CITA notes that in accordance with 

section 203(o)(4) of the CAFTA-DR Act, 

Article 3.25 of the CAFTA-DR 

Agreement, and section 9 of its 

procedures, six months after CITA’s 

determination that a product is not 

commercially available in the CAFTADR countries, a CAFTA-DR supplier 

may submit a Request to Remove or 

Restrict a specific fabric that had been 

added to the Commercial Availability 

List in Annex 3.25. The supplier may 

request that the product be removed, but 

must provide the same substantive 

information as required of Responses, as 

provided in section 6 of CITA’s 

procedures. Should CITA determine 

that the product is available in 

commercial quantities in a timely 

manner in the CAFTA-DR countries, e.g. 

that a CAFTA-DR supplier has 

demonstrated that it is capable to 

supply the subject product, that product 

will be removed from the Commercial 

Availability List in Annex 3.25. 

The subject fabric has been added to 

the list in Annex 3.25 of the CAFTA-DR 

Agreement in unrestricted quantities. A 

revised list has been posted on the 

dedicated website for CAFTA-DR 

Commercial Availability. 

Specifications: 

Three-Yarn Circular Stretch Knit Fleece 

HTS: 6001.21.00 

Description: Three yarn circular knit stretch fleece 

fabric, 20 gauge 

Face Yarn: 

Fiber Content: 

60% ring spun cotton/40% polyester 

Average Yarn Number: 

Metric - 51/1 

English - 30/1 

Tie Yarn: 

Fiber Content: 

60% ring spun cotton/40% polyester 

Average Yarn Number: 

Metric - 51/1 

English - 30/1 

Nap (Fleece) Yarn: 

Fiber Content: 

52% ring spun cotton/48% polyester 

Average Yarn Number: 

Metric - 17/1 

English - 10/1 

NOTE: Yarn sizes relate to size prior to 

texturizing. 

Weight: 

Metric - 305-330 grams per sq. m. 

English - 9.0-9.8 oz. per sq. yd. 

Width: Slit open and finished to: 

Metric - 156-163 cm 

English - 62-64 inches 

Finish: Bleached and/or piece dyed. Napped on 

technical back. 

NOTE: All physical parameters may vary by plus/ 

minus 5%. Fiber content may vary byplus/minus 

3%. 

Performance Characteristics: 

Shrinkage: 6% maximum shrinkage (length and 

width); 1% positive shrinkage (AATCC No. 135). 

Torque/Spirality: Maximum 5 degrees left or right 

(protractor method). 

Stretch: Minimum 20% stretch in length, 30% in 

width. 

Pilling: Grade 4 or better on technical face (ASTM 

D3512 Random Tumble Method) 

Color Fastness to laundering: Grade 4 or better on 

polyester and cotton portions ofmultifiber strip 

(AATCC 61 Test No. 2A) 

Color Fastness to wear: Grade 4 or better (AATCC 

107) 

Color Fastness to heat: Grade 4 or better on white 

polyester fabric (AATCC 117 Test Temperature II) 

Color Fastness to crocking: Grade 4 or better dry; 

Grade 3 or better wet technical face side (AATCC 

8) 

Flammability: Class 1 

Appearance: No obvious wale pattern (must be 

smooth); soft finish 

R. Matthew Priest, 

Chairman, Committee for the Implementation 

of Textile Agreements. 

[FR Doc. E8–22004 Filed 9–18–08; 8:45 am] 

BILLING CODE 3510–DS 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID: DoD–2008–OS–0112] 

Manual for Courts-Martial; Proposed 

Amendments 

AGENCY: Joint Service Committee on 

Military Justice (JSC), DoD. 

ACTION: Notice of Proposed 

Amendments to the Manual for CourtsMartial, United States (2008 ed.) and 

Notice of Public Meeting. 

SUMMARY: The Department of Defense is 

considering recommending changes to 

the Manual for Courts-Martial, United 

States (2008 ed.) (MCM). The proposed 

changes constitute the 2008 annual 

review required by the MCM and DoD 

Directive 5500.17, ‘‘Role and 

Responsibilities of the Joint Service 

Committee (JSC) on Military Justice,’’ 

May 3, 2003. The proposed changes 

concern the rules of procedure and 

evidence and the punitive articles 

applicable in trials by courts-martial. 

These proposed changes have not been 

coordinated within the Department of 

Defense under DoD Directive 5500.1, 

‘‘Preparation, Processing and 


jlentini on PROD1PC65 with NOTICES
54388 Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Notices 

Coordinating Legislation, Executive 

Orders, Proclamations, Views Letters 

and Testimony,’’ June 15, 2007, and do 

not constitute the official position of the 

Department of Defense, the Military 

Departments, or any other Government 

agency. 

This notice also sets forth the date, 

time and location for the public meeting 

of the JSC to discuss the proposed 

changes. 

This notice is provided in accordance 

with DoD Directive 5500.17, ‘‘Role and 

Responsibilities of the Joint Service 

Committee (JSC) on Military Justice,’’ 

May 3, 2003. This notice is intended 

only to improve the internal 

management of the Federal Government. 

It is not intended to create any right or 

benefit, substantive or procedural, 

enforceable at law by any party against 

the United States, its agencies, its 

officers, or any person. 

In accordance with paragraph III.B.4 

of the Internal Organization and 

Operating Procedures of the JSC, the 

committee also invites members of the 

public to suggest changes to the Manual 

for Courts-Martial in accordance with 

the described format. 

DATES: Comments on the proposed 

changes must be received no later than 

November 18, 2008, to be assured 

consideration by the JSC. A public 

meeting for comments will be held on 

October 30, 2008, at 10 a.m. in the 14th 

Floor Conference Room, 1777 N. Kent 

St., Rosslyn, VA 22209–2194. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• 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 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 any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Colonel Thomas E. Wand, 

Executive Secretary, Joint Service 

Committee on Military Justice, Air Force 

Legal Operations Agency, Military 

Justice Division, 112 Luke Avenue, 

Suite 343, Bolling Air Force Base, DC 

20032, (202) 767–1539, e-mail 

Thomas.wand@pentagon.af.mil. 

SUPPLEMENTARY INFORMATION: The 

proposed amendments to the MCM are 

as follows: 

Section 1. Part II of the Manual for 

Courts-Martial, United States, is 

amended as follows: 

(a) R.C.M. 1003 is amended to read as 

follows: 

‘‘(3) Fine. Any court-martial may 

adjudge a fine in lieu of or in addition 

to forfeitures. In the case of a member 

of the armed forces, summary and 

special courts-martial may not adjudge 

any fine or combination of fine and 

forfeitures in excess of the total amount 

of forfeitures that may be adjudged in 

that case. In the case of a person serving 

with or accompanying an armed force in 

the field, a summary court-martial may 

not adjudge a fine in excess of twothirds of one month of the highest rate 

of enlisted pay, and a special courtmartial may not adjudge a fine in excess 

of two-thirds of one year of the highest 

rate of officer pay. In order to enforce 

collection, a fine may be accompanied 

by a provision in the sentence that, in 

the event the fine is not paid, the person 

fined shall, in addition to any period of 

confinement adjudged, be further 

confined until a fixed period considered 

an equivalent punishment to the fine 

has expired. The total period of 

confinement so adjudged shall not 

exceed the jurisdictional limitations of 

the court-martial.’’ 

(b) R.C.M. 1003(c) is amended by 

renumbering subparagraph (4) as 

subparagraph (5) and adding a new 

subparagraph (4) as follows: 

‘‘(4) Based on status as a person 

serving with or accompanying an armed 

force in the field. In the case of a person 

serving with or accompanying an armed 

force in the field, no court-martial may 

adjudge forfeiture of pay and 

allowances, reduction in pay grade, 

hard labor without confinement, or a 

punitive separation.’’ 

(c) R.C.M. 1106(d) is amended to read 

as follows: 

‘‘(d) Form and content of 

recommendation. 

(1) The purpose of the 

recommendation of the staff judge 

advocate or legal officer is to assist the 

convening authority to decide what 

action to take on the sentence in the 

exercise of command prerogative. The 

staff judge advocate or legal officer shall 

use the record of trial in the preparation 

of the recommendation, and may also 

use the personnel records of the accused 

or other matters in advising the 

convening authority whether clemency 

is warranted. 

(2) Form. The recommendation of the 

staff judge advocate or legal officer shall 

be a concise written communication. 

(3) Required contents. The staff judge 

advocate or legal advisor shall provide 

the convening authority with a copy of 

the report of results of trial, setting forth 

the findings, sentence, and confinement 

credit to be applied, a copy or summary 

of the pretrial agreement, if any, any 

recommendation for clemency by the 

sentencing authority made in 

conjunction with the announced 

sentence, and the staff judge advocate’s 

concise recommendation. 

(4) Legal errors. The staff judge 

advocate or legal officer is not required 

to examine the record for legal errors. 

However, when the recommendation is 

prepared by a staff judge advocate, the 

staff judge advocate shall state whether, 

in the staff judge advocate’s opinion, 

corrective action on the findings or 

sentence should be taken when an 

allegation of legal error is raised in 

matters submitted under R.C.M. 1105 or 

when otherwise deemed appropriate by 

the staff judge advocate. The response 

may consist of a statement of agreement 

or disagreement with the matter raised 

by the accused. An analysis or rationale 

for the staff judge advocate’s statement, 

if any, concerning legal error is not 

required. 

(5) Optional matters. The 

recommendation of the staff judge 

advocate or legal officer may include, in 

addition to matters included under 

subsection (d)(3) and (4) of this rule, any 

additional matters deemed appropriate 

by the staff judge advocate or legal 

officer. Such matter may include 

matters outside the record. 

(6) Effect of error. In case of error in 

the recommendation not otherwise 

waived under subsection (f)(6) of this 

rule, appropriate corrective action shall 

be taken by appellate authorities 

without returning the case for further 

action by a convening authority.’’ 

(d) R.C.M. 1113(d)(2)(A)(iii) is 

amended to read as follows: 

‘‘(iii) Periods during which the 

accused is in custody of civilian or 

foreign authorities after the convening 

authority, pursuant to Article 57a(b)(1), 

has postponed the service of a sentence 

to confinement.’’ 

(e) R.C.M. 1113(d)(2)(C) is amended 

by deleting the last two sentences, and 

replacing them with the following: 

‘‘No member of the armed forces, or 

person serving with or accompanying an 

armed force in the field, may be placed 

in confinement in immediate 

association with enemy prisoners or 

with other foreign nationals not subject 

to the code. The Secretary concerned 

may prescribe regulations governing the 

place and conditions of confinement.’’ 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Notices 54389 

Section 2. Part IV of the Manual for 

Courts-Martial, United States, is 

amended as follows: 

(a) Paragraph 32, Article 108, Military 

Property of the United States—sale, loss, 

damage, destruction, or wrongful 

disposition, paragraph c.(1) is amended 

to read as follows: 

‘‘(1) Military Property. Military 

property is all property, real or personal, 

owned, held, or used by one of the 

armed forces of the United States. 

Military property is a term of art, and 

should not be confused with 

government property. The terms are not 

interchangeable. While all military 

property is government property, all 

government property is not military 

property. An item of government 

property is not military property unless 

the item in question meets the 

definition provided above. It is 

immaterial whether the property sold, 

disposed, destroyed, lost, or damaged 

had been issued to the accused, to 

someone else, or even issued at all. If it 

is proved by either direct or 

circumstantial evidence that items of 

individual issue were issued to the 

accused, it may be inferred, depending 

on all the evidence, that the damage, 

destruction, or loss proved was due to 

the neglect of the accused. Retail 

merchandise of service exchange stores 

is not military property under this 

article.’’ 

(b) Paragraph 44, Article 119, 

Manslaughter, paragraph b.(2)(d) is 

amended to read as follows: 

‘‘(d) That this act or omission of the 

accused constituted culpable 

negligence, or occurred while the 

accused was perpetrating or attempting 

to perpetrate an offense directly 

affecting the person other than burglary, 

sodomy, rape, rape of a child, 

aggravated sexual assault, aggravated 

sexual assault of a child, aggravated 

sexual contact, aggravated sexual abuse 

of a child, aggravated sexual contact 

with a child, robbery, or aggravated 

arson.’’ 

(c) Paragraph 46, Larceny and 

wrongful appropriation, the Note 

following paragraph b.(1)(d) is amended 

to read as follows: 

‘‘[Note: If the property is alleged to be 

military property, as defined in 

paragraph 46.c.(1)(h), add the following 

element]’’ 

(d) Paragraph 46, Larceny and 

wrongful appropriation, is amended by 

re-lettering paragraph 46.c.(1)(h) as 

paragraph 46.c.(1)(i), and adding a new 

paragraph 46.c.(1)(h) as follows: 

‘‘(h) Military Property. Military 

property is all property, real or personal, 

owned, held, or used by one of the 

armed forces of the United States. 

Military property is a term of art, and 

should not be confused with 

government property. The terms are not 

interchangeable. While all military 

property is government property, all 

government property is not military 

property. An item of government 

property is not military property unless 

the item in question meets the 

definition provided above. Retail 

merchandise of service exchange stores 

is not military property under this 

article.’’ 

(e) Paragraph 68b. is added as follows: 

‘‘68b. Article 134—(Child 

pornography) 

a. Text. See paragraph 60. 

b. Elements. 

(1) Possessing, receiving, or viewing 

child pornography. 

(a) That the accused knowingly and 

wrongfully possessed, received, or 

viewed child pornography; and 

(b) That under the circumstances, the 

conduct of the accused was to the 

prejudice of good order and discipline 

in the armed forces or was of a nature 

to bring discredit upon the armed 

forces. 

(2) Possessing child pornography with 

intent to distribute. 

(a) That the accused knowingly and 

wrongfully possessed child 

pornography; 

(b) That the possession was with the 

intent to distribute; and 

(c) That under the circumstances, the 

conduct of the accused was to the 

prejudice of good order and discipline 

in the armed forces or was of a nature 

to bring discredit upon the armed 

forces. 

(3) Distributing child pornography. 

(a) That the accused knowingly and 

wrongfully distributed child 

pornography to another; and 

(b) That under the circumstances, the 

conduct of the accused was to the 

prejudice of good order and discipline 

in the armed forces or was of a nature 

to bring discredit upon the armed 

forces. 

(4) Producing child pornography. 

(a) That the accused knowingly and 

wrongfully produced child 

pornography; and 

(b) That under the circumstances, the 

conduct of the accused was to the 

prejudice of good order and discipline 

in the armed forces or was of a nature 

to bring discredit upon the armed 

forces. 

c. Explanation. 

(1) It is not a defense to any offense 

under this paragraph that the minor 

depicted was not an actual person or 

did not actually exist. 

(2) An accused may not be convicted 

of possessing, receiving, viewing, 

distributing, or producing child 

pornography, if he was not aware of the 

contraband nature of the visual 

depictions. Awareness may be inferred 

from circumstantial evidence such as 

the name of a computer file. 

(3) ‘‘Child Pornography’’ means any 

visual depiction of a minor, or what 

appears to be a minor, engaging in 

sexually explicit conduct. 

(4) ‘‘Distributing’’ means delivering to 

the actual or constructive possession of 

another. 

(5) ‘‘Minor’’ means any person under 

the age of 18 years. 

(6) ‘‘Possessing’’ means exercising 

control of something. Possession may be 

direct physical custody like holding an 

item in one’s hand, or it may be 

constructive, as in the case of a person 

who hides something in a locker or a car 

to which that person may return to 

retrieve it. Possession must be knowing 

and conscious. Possession inherently 

includes the power or authority to 

preclude control by others. It is possible 

for more than one person to possess an 

item simultaneously, as when several 

people share control over an item. 

(7) ‘‘Producing’’ means creating or 

manufacturing. As used in this 

paragraph, it refers to making child 

pornography that did not previously 

exist. It does not include reproducing or 

copying. 

(8) ‘‘Sexually explicit conduct’’ means 

actual or simulated: 

(a) sexual intercourse or sodomy, 

including genital-genital, oral-genital, 

anal-genital, or oral-anal, whether 

between persons of the same or opposite 

sex; 

(b) bestiality; 

(c) masturbation; 

(d) sadistic or masochistic abuse; or 

(e) lascivious exhibition of the 

genitals or pubic area of any person. 

(9) ‘‘Visual depiction’’ includes 

undeveloped film and videotape, and 

data stored on a computer disk or by 

electronic means which is capable of 

conversion into a visual image, and also 

includes any photograph, film, video, 

picture, digital image or picture, or 

computer image or picture, whether 

made or produced by electronic, 

mechanical, or other means. 

(10) Affirmative defenses. 

(a) It shall be an affirmative defense 

to a charge of possessing child 

pornography that the accused promptly 

and in good faith, and without retaining 

or allowing any person, other than a law 

enforcement agency, to access any such 

visual depiction: 

(i) Took reasonable steps to destroy 

each such visual depiction; or 

(ii) reported the matter to a law 

enforcement agency and afforded that 


jlentini on PROD1PC65 with NOTICES
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