[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

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

[CITE: 40CFR164.6]



[Page 165-166]

 

                   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



[[Page 166]]



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 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]