(D) Appeals from another division in the case that such division has denied an application for a rehearing en banc with respect to the matter appealed. (c) Assignment of judges The judges appointed to the Court of Appeals for the Ninth Circuit shall serve among the divisions as follows: (1) Except for the Circuit Division, eleven judges shall serve on each division. (2) The Circuit Division shall be composed of the chief judge, and 4 judges randomly selected from each other division. Except with regard to the chief judge, and initial assignments to the Circuit Division, each judge serving on the Circuit Division shall serve for non-renewable 3-year term. With regard to initial appointments, of the judges assigned to serve on the Circuit Division, 4 judges shall be assigned for 1 year, 4 judges shall be assigned for 2 years, and 4 judges shall be assigned for 3 years, which assignments shall be made on a random basis. (3) In the case that a judge serving on the Circuit Division is recused, another judge serving on the division of that judge’s regional division may serve in the place of the judge who is recused. (4) Section 45 shall apply with respect to— (A) the designation of the chief judge of the circuit