[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR164.6]



[Page 168-169]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 164_RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL 

 

                            Subpart A_General

 

Sec. 164.6  Time.



    (a) Computation. In computing any period of time prescribed or 

allowed by these rules, except as otherwise provided, the day of the 

act, event, or default from which the designated period of time begins 

to run shall not be included. Saturdays, Sundays, and legal holidays 

shall be included in computing the time allowed for the filing of any 

document or paper, except that when such time expires on a Saturday, 

Sunday, or legal holiday, such period shall be extended to include the 

next following business day.

    (b) Enlargement. When by these rules or by order of the 

Administrative Law Judge, the Presiding Officer, or the Environmental 

Appeals Board, an act is required or allowed to be done at or within a 

specified time, the Administrative Law Judge (before his initial 

decision is filed), or the Presiding Officer (before his recommended 

decision is filed), or the Environmental Appeals Board (after the 

Administrative Law Judge's initial decision or the presiding officer's 

recommended decision is filed), for cause shown may at any time in their 

discretion: with or without motion or notice, order the period enlarged 

if request therefor, which may be made ex parte, is made before the 

expiration of the period originally prescribed or as extended by a 

previous order; or on motion made after the expiration of the specified 

period, permit the act to be done where the failure to act was the 

result of excusable neglect. In this connection, consideration shall be 

given to the fact that, under the provisions of the act, the 

Administrator must issue his order not later than 90 days after the 

completion of the hearing, unless all parties agree by stipulation to 

extend this period of time pursuant to Sec. 164.103.

    (c) Additional time after service by mail. A prescribed period of 

time within which a party is required or permitted to do an act shall be 

computed from the time of service, except that when



[[Page 169]]



the service is made by mail, 3 days shall be added to the prescribed 

period. Such addition for service by mail shall not apply in the case of 

filing initial requests for hearings or responding to a notice of intent 

to hold a hearing, in which cases statutory filing times will run from 

the date of the return receipt pursuant to Sec. 164.8.



[38 FR 19371, July 20, 1973, as amended at 57 FR 5342, Feb. 13, 1992]