[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR4.3]

[Page 90-91]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 4_MISCELLANEOUS RULES--Table of Contents
 
Sec. 4.3  Time.

    (a) Computation. Computation of any period of time prescribed or 
allowed by the rules in this chapter, by order of the Commission or an 
Administrative Law Judge, or by any applicable statute, shall begin with 
the first business day following that on which the act, event, or 
development initiating such period of time shall have occurred. When the 
last day of the period so computed is a Saturday, Sunday, or national 
holiday, or other day on which the office of the Commission is closed, 
the period shall run until the end of the next following business day. 
When such period of time, with the intervening Saturdays, Sundays, and 
national holidays counted, is seven (7) days or less, each of the 
Saturdays, Sundays, and such holidays shall be excluded from the 
computation. When such period of time, with the intervening Saturdays, 
Sundays, and national holidays counted, exceeds seven (7) days, each of 
the Saturdays, Sundays, and such holidays shall be included in the 
computation.
    (b) Extensions. For good cause shown, the Administrative Law Judge 
may, in any proceeding before him, extend any time limit prescribed or 
allowed by the rules in this chapter or by order of the Commission or 
the Administrative Law Judge, except those governing the filing of 
interlocutory appeals and initial decisions and those expressly 
requiring Commission action. Except as otherwise provided by law, the 
Commission, for good cause shown, may extend any time limit prescribed 
by the rules in this chapter or by order of the Commission or an 
Administrative Law Judge: Provided, however, That in a proceeding 
pending before an Administrative Law Judge, any motion on which he may 
properly rule shall be made to him. Notwithstanding the above, where a 
motion to extend is made after the expiration of the specified period, 
the Administrative Law Judge or the Commission may consider the motion 
where the untimely filing was the result of excusable neglect.
    (c) Additional time after service by mail. Whenever a party in an 
adjudicative proceeding under part 3 of the rules is required or 
permitted to do an act within a prescribed period after service

[[Page 91]]

of a paper upon it and the paper is served by first-class mail pursuant 
to Sec. 4.4(a)(3) or Sec. 4.4(b), 3 days shall be added to the 
prescribed period.
    (d) Date of filing. Documents must be received in the office of the 
Secretary of the Commission by 5:00 p.m. Eastern time to be deemed filed 
that day. Any documents received by the agency after 5:00 p.m. will be 
deemed filed the following business day.

[32 FR 8456, June 13, 1967, as amended at 42 FR 30150, June 13, 1977; 50 
FR 28097, July 10, 1985; 50 FR 53306, Dec. 31, 1985; 66 FR 17633, Apr. 
3, 2001]