[Federal Register Volume 76, Number 124 (Tuesday, June 28, 2011)]
[Rules and Regulations]
[Page 37660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15961]
[[Page 37660]]
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POSTAL SERVICE
39 CFR Part 955
Rules of Practice Before the Postal Service Board of Contract
Appeals
AGENCY: Postal Service.
ACTION: Final rule.
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SUMMARY: The Postal Service is revising portions of the rules of
practice before the Postal Service Board of Contract Appeals to clarify
existing procedures, and to modify certain citations to reflect a
change in statutory codification.
DATES: Effective date: July 28, 2011.
FOR FURTHER INFORMATION CONTACT: Administrative Judge Gary E. Shapiro,
(703) 812-1910.
SUPPLEMENTARY INFORMATION:
A. Executive Summary
The rules of practice in proceedings before the Postal Service
Board of Contract Appeals are contained in 39 CFR part 955, which was
substantially revised on May 5, 2009 (74 FR 20592). Subsequently, it
became apparent that certain aspects of the rules required further
clarification to conform to existing practice. In addition, citations
to the Contract Disputes Act required revision to conform to the new
codification of title 41, United States Code, under Public Law 111-350,
124 Stat. 3677 (Jan. 4, 2011).
B. Summary of Changes
Changes to Sec. 955.1 conform the rules to the new codification of
the Contract Disputes Act.
Formerly, Sec. 955.6 provided that either party may apply for a
hearing on a motion addressed to the jurisdiction of the Board. The
revised rule clarifies existing practice that the Board determines
whether to conduct oral argument related to such a motion and that it
may do so on its own initiative. The term ``oral argument'' is
substituted for ``hearing'' as a more accurate descriptor of current
practice.
Section 955.7 is revised to reflect that the Board, on its own
initiative and in the absence of a request by the appellant, may
designate a document to constitute the appellant's complaint, and may
do so prior to the time required for the appellant to file its
complaint. The revised rule is intended to clarify that the complaint
designation determination is to be made by the Board although it may be
requested by the appellant.
Section 955.9 is revised to reflect that while the parties may
request a hearing, the Board determines whether a hearing will be
conducted. Accordingly, references to the ``election'' of a party or
parties are changed to the ``request'' of a party or parties.
Corresponding changes are made to Sec. Sec. 955.10 and 955.18.
List of Subjects in 39 CFR Part 955
Administrative practice and procedure, Contract Disputes Act of
1978, Postal Service.
For the reasons set forth in the preamble, the Postal Service
hereby amends 39 CFR part 955 as set forth below:
PART 955--RULES OF PRACTICE BEFORE THE POSTAL SERVICE BOARD OF
CONTRACT APPEALS
0
1. The authority citation for 39 CFR part 955 is revised to read as
follows:
Authority: 39 U.S.C. 204, 401; 41 U.S.C. 7101-7109.
Sec. 955.1 [Amended]
0
2. In Sec. 955.1, the first sentence of paragraph (a) and the first
sentence of paragraph (b)(2) are amended by removing ``41 U.S.C. 601-
613'', and adding ``41 U.S.C. 7101-7109'' in its place.
0
3. In Sec. 955.6, paragraph (a) is revised to read as follows:
Sec. 955.6 Motions.
(a) Any motion addressed to the jurisdiction of the Board shall be
promptly filed. Oral argument on the motion may be afforded on
application of either party, in the Board's discretion, or on the
Board's initiative. The Board may at any time and on its own initiative
raise the issue of its jurisdiction to proceed with a particular case.
* * * * *
0
4. In Sec. 955.7, paragraph (a) is revised to read as follows:
Sec. 955.7 Pleadings.
(a) Appellant. Within 45 days after receipt of notice of docketing
of the appeal, the appellant shall file with the Board a complaint
setting forth simple, concise and direct statements of each of its
claims, alleging the basis, with appropriate reference to contract
provisions, for each claim, and the dollar amount claimed, and shall
serve the respondent with a copy. This pleading shall fulfill the
generally recognized requirements of a complaint although no particular
form or formality is required. Upon the appellant's request or on the
Board's own initiative, the appellant's claim, notice of appeal or
other document may be deemed to constitute the complaint if in the
opinion of the Board the issues before the Board are sufficiently
defined.
* * * * *
0
5. Section 955.9 is revised to read as follows:
Sec. 955.9 Hearing request.
As directed by Board order, each party shall inform the Board, in
writing, whether it requests a hearing as prescribed in Sec. Sec.
955.18 through 955.25, or in the alternative submission of its case on
the record without a hearing as prescribed in Sec. 955.12. If a
hearing is requested, the request should state where and when the
requesting party desires the hearing to be conducted and should explain
the reasons for its choices. After considering the parties' requests,
the Board will determine whether a hearing will be held.
0
6. In Sec. 955.10, the first sentence is revised to read as follows:
Sec. 955.10 Prehearing briefs.
Based on an examination of the documentation described in Sec.
955.5, the pleadings, and a determination of whether the arguments and
authorities addressed to the issues are adequately set forth therein,
the Board may, in its discretion, require the parties to submit
prehearing briefs in any case in which a hearing has been ordered
pursuant to Sec. 955.9. * * *
0
7. In Sec. 955.18, the first sentence is revised to read as follows:
Sec. 955.18 Hearings--where and when held.
If there is to be a hearing, it will be held at a time and place
prescribed by the Board after consultation with the parties. * * *
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 2011-15961 Filed 6-27-11; 8:45 am]
BILLING CODE 7710-12-P