80_FR_31408 80 FR 31303 - Rules of Practice Before the Postal Service Board of Contract Appeals

80 FR 31303 - Rules of Practice Before the Postal Service Board of Contract Appeals

POSTAL SERVICE

Federal Register Volume 80, Issue 105 (June 2, 2015)

Page Range31303-31305
FR Document2015-13167

This document revises the rules of practice of the Postal Service Board of Contract Appeals to implement an electronic filing system.

Federal Register, Volume 80 Issue 105 (Tuesday, June 2, 2015)
[Federal Register Volume 80, Number 105 (Tuesday, June 2, 2015)]
[Rules and Regulations]
[Pages 31303-31305]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13167]


=======================================================================
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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.

-----------------------------------------------------------------------

SUMMARY: This document revises the rules of practice of the Postal 
Service Board of Contract Appeals to implement an electronic filing 
system.

DATES: Effective date: July 2, 2015.

ADDRESSES: Written inquiries may be addressed to Postal Service Board 
of Contract Appeals, 2101 Wilson Boulevard, Suite 600, Arlington, VA 
22201-3078.

FOR FURTHER INFORMATION CONTACT: Vice Chairman Gary E. Shapiro, (703) 
812-1910.

SUPPLEMENTARY INFORMATION:

A. Background

    The Postal Service Board of Contract Appeals (the Board) recently 
has implemented an electronic filing system. Changes to the rules of 
practice before the Board in 39 CFR part 955 are necessary to 
accommodate the new system, and to establish rules relative to that 
system. No other changes to the rules have been made.

B. Explanation of Changes

    In Sec.  955.1, concerning jurisdiction, procedure, and service of 
documents in proceedings before the Board:
     Paragraph (b)(1) is amended to identify the internet 
address for the electronic filing system.
     Paragraph (c)(3)(ii) is amended to indicate when Board 
orders and decisions are considered received by the parties in the 
electronic filing system.
     Paragraph (c)(4) is revised to indicate when documents 
submitted by parties are considered received by the Board in the 
electronic filing system, and to clarify other language involving 
receipt of documents.
     Paragraph (c)(5) is revised to indicate when service of 
documents on the opposing party is required for purposes of the 
electronic filing system.
    In Sec.  955.2, the heading is revised to Initiation of appeals, 
and the text is revised to indicate how appeals may be initiated 
directly by a contractor following implementation of the electronic 
filing system.
    In Sec.  955.4, with regard to the forwarding of appeals, the text 
is revised to indicate how appeals are initiated when a contractor 
submits a notice of appeal to a contracting officer following 
implementation of the electronic filing system.
    In Sec.  955.5, concerning the preparation, contents, organization, 
forwarding, and status of the appeal file:
     Paragraph (a) is revised to eliminate the requirement for 
the Postal Service's counsel to provide a copy of the appeal file to 
the appellant, which becomes unnecessary under the electronic filing 
system, and to clarify the language of paragraph (a)(4) with regard to 
transcripts and affidavits included in the appeal file.
     Paragraph (b) is revised to eliminate the requirement for 
the appellant to provide a copy of an appeal file supplement to the 
Postal Service, which becomes unnecessary under the electronic filing 
system.
     Paragraph (c) is revised to reflect that appeal file 
documents submitted in the electronic filing system are not original 
documents.
     Paragraph (d) is revised to reflect appropriate rules for 
handling bulky, lengthy or out-of-size documents, and tangible evidence 
following implementation of the electronic filing system.
    In Sec.  955.7, with regard to the procedures required to file 
pleadings in cases before the Board:
     Paragraph (a) is revised to eliminate the requirement for 
the appellant to provide a copy of the complaint to the Postal Service, 
which becomes unnecessary under the electronic filing system.
     Paragraph (b) is revised to eliminate the requirement for 
the Postal Service to provide a copy of the answer to the appellant, 
which becomes unnecessary under the electronic filing system.
    In Sec.  955.10, with regard to prehearing briefs, a sentence is 
added to specify the deadline for filing prehearing briefs under the 
electronic filing system.
    In Sec.  955.13, concerning optional small claims and accelerated 
procedures, language in paragraph (a)(3) is amended to enhance clarity.
    In Sec.  955.14, with regard to settling the record, language 
requiring the availability of the record for inspection at the Board's 
location is removed from paragraph (a), since the record will be 
available in the electronic filing system.
    In Sec.  955.15, concerning discovery, language is added to 
paragraph (a) to clarify when discovery requests and responses should 
be filed under the electronic filing system.
    In Sec.  955.26, with regard to the appearance and representation 
by counsel of parties before the Board:
     Paragraphs (a) and (b) are revised to specify that 
attorneys for appellants and the respondent U.S. Postal Service shall

[[Page 31304]]

register in the electronic filing system and provide an email address.
     Paragraph (c) is revised to indicate that changes in email 
addresses or in representation of a party must be entered in the 
electronic filing system.
    In Sec.  955.27, concerning the withdrawal of an attorney, the 
revised language specifies that a motion or notice to withdraw from 
representation must include an email address for the person assuming 
responsibility for representation.
    In Sec.  955.29, with regard to decisions of the Board, the first 
sentence is revised to indicate that the Board will issue decisions 
through the electronic filing system.
    In Sec.  955.36, concerning effective dates and applicability, the 
revised language specifies that these amended rules will govern 
proceedings under part 955 docketed on or after July 2, 2015.

List of Subjects in 39 CFR Part 955

    Administrative practice and procedure, Government contracts.

    Accordingly, for the reasons stated, 39 CFR part 955 is amended as 
follows:

PART 955--RULES OF PRACTICE BEFORE THE POSTAL SERVICE BOARD OF 
CONTRACT APPEALS

0
1. The authority citation for 39 CFR part 955 continues to read as 
follows:

    Authority: 39 U.S.C. 204, 401; 41 U.S.C. 7101-7109.


0
2. In Sec.  955.1, revise the second and third sentences of paragraph 
(b)(1), add a new sentence at the start of paragraph (c)(3)(ii), and 
revise paragraphs (c)(4) and (c)(5) to read as follows:


Sec.  955.1  Jurisdiction, procedure, service of documents.

* * * * *
    (b) * * *
    (1) * * * The Board's telephone number is (703) 812-1900, and its 
Web site is http://www.about.usps.com/who-we-are/judicial/welcome.htm. 
The Web site for electronic filing is https://uspsjoe.newdawn.com/justiceweb.
* * * * *
    (c) * * *
    (3) * * *
    (ii) Unless otherwise specified by the Board, orders and decisions 
shall be considered received by the parties on the date posted to the 
electronic filing system. * * *
    * * *
    (4) Manner of filings. Pleadings and other communications shall be 
filed using the electronic filing system unless the Board permits 
otherwise. Documents submitted using that system are considered filed 
with the Board as of the date/time (Eastern Time) reflected in the 
system. Documents mailed to the Board are considered filed with the 
Board on the date mailed as evidenced by a United States postmark. 
Filings submitted by any other means are considered filed with the 
Board upon receipt by the Recorder of a complete copy of the filing 
during the Board's working hours (8:45 a.m.-4:45 p.m. Eastern Time).
    (5) Service. If both parties to an appeal are participating via the 
electronic filing system, separate service upon the opposing party is 
not required. Otherwise, documents shall be served personally or by 
mail with the opposing party by an equally or more expeditious means of 
transmittal, noting on the document filed with the Board, or on the 
transmitting letter, that a copy has been furnished. The filing of a 
document by fax transmission occurs upon receipt by the Board of the 
entire legible submission by fax. Copies of simultaneous briefs shall 
not be filed electronically or otherwise exchanged by the parties but 
rather shall be filed only with the Board by mail, fax, commercial 
carrier, on in-person. The Board will distribute simultaneous briefs 
electronically, or otherwise as appropriate. The Board may determine 
not to extend a deadline for filing if the extension is necessary 
solely because the Board's fax machine is busy or otherwise unavailable 
when a filing is due. Submissions filed by fax shall be followed 
promptly by filing by mail.

0
3. Revise Sec.  955.2 to read as follows:


Sec.  955.2  Initiation of appeals.

    An appeal must be initiated by the filing of a notice of appeal (or 
equivalent). See Sec.  955.1(c)(4). The notice of appeal must be in 
writing and must be filed within the time specified by applicable law.

0
4. Revise Sec.  955.4 to read as follows:


Sec.  955.4  Forwarding of appeals.

    If a party seeking to file an appeal submits a notice of appeal to 
the contracting officer instead of filing it using the electronic 
filing system, the contracting officer shall indicate thereon the date 
of receipt and shall forward the notice of appeal, including any 
envelope or other wrapping indicating the date of mailing, within 10 
days to the Postal Service General Counsel's Office. A designee of the 
General Counsel promptly shall enter the resulting case into the 
electronic filing system.

0
5. In Sec.  955.5, revise the first sentence of the introductory text 
of paragraph (a), and revise paragraph (a)(4), and paragraphs (b), (c), 
and (d) to read as follows:


Sec.  955.5  Preparation, contents, organization, forwarding, and 
status of appeal file.

    (a) * * * Within 30 days from receipt of the Board's docketing 
notice, or such other period as the Board may order, the respondent's 
counsel shall file with the Board an appeal file consisting of all 
documents pertinent to the appeal. * * *
* * * * *
    (4) Transcripts of any testimony taken during the course of 
proceedings, and affidavits or statements of any witnesses on the 
matter in dispute made prior to the filing of the notice of appeal; and
* * * * *
    (b) Duties of the appellant. Within 30 days after receipt of a copy 
of the appeal file, the appellant shall supplement the appeal file by 
transmitting to the Board any documents not contained therein 
considered to be pertinent to the appeal.
    (c) Organization of appeal file. Documents in the appeal file or 
supplement, as applicable shall be arranged in chronological order 
where practicable, numbered sequentially, tabbed, and indexed, to 
identify the contents. Page numbering shall be consecutive and 
continuous from one document to the next, so that the complete file or 
supplement, as applicable, will consist of one set of consecutively 
numbered pages.
    (d) Lengthy documents. The Board may waive the requirement to 
exchange or electronically file bulky, lengthy, or out-of-size 
documents, or tangible evidence in the appeal file on a showing of 
impracticality or undue burden. Documents or tangible evidence subject 
to a waiver will be available for inspection at the Board.
* * * * *

0
6. In Sec.  955.7, revise the first sentence of paragraph (a) and the 
first sentence of paragraph (b) to read as follows:


Sec.  955.7  Pleadings.

    (a) * * * 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. * * *
* * * * *
    (b) * * * Within 30 days from receipt of said complaint, or the 
aforesaid notice from the Board, the respondent shall prepare and file 
with the Board an

[[Page 31305]]

answer thereto, setting forth simple, concise, and direct statements of 
the respondent's defenses to each claim asserted by the appellant. * * 
*
* * * * *

0
7. In Sec.  955.10, revise the final sentence to read as follows:


Sec.  955.10  Prehearing briefs.

    * * * In any case where a prehearing brief is submitted, it shall 
be filed with the Board at least 15 days prior to the date set for 
hearing.

0
8. In Sec.  955.13, revise the first sentence of paragraph (a)(3) to 
read as follows:


Sec.  955.13  Optional Small Claims (Expedited) and Accelerated 
Procedures.

    (a) * * *
    (3) In cases proceeding under the Expedited Procedure, the 
respondent shall file with the Board a copy of the contract, the 
contracting officer's final decision, and the appellant's claim letter 
or letters, if any, within ten days from the respondent's first receipt 
from either the appellant or the Board of a copy of the appellant's 
notice of election of the Expedited Procedure. * * *
* * * * *


Sec.  955.14  [Amended]

0
9. In Sec.  955.14, remove the sentence at the end of paragraph (a).

0
10. In Sec.  955.15, add a sentence to the end of paragraph (a), to 
read as follows:


Sec.  955.15  Discovery.

    (a) * * * Except in connection with motions to compel or for a 
protective order, discovery requests and responses should not be filed 
with the Board.
* * * * *

0
11. Revise Sec.  955.26 to read as follows:


Sec.  955.26  Representation of the parties.

    (a) The term appellant means a party that has filed an appeal for 
resolution by the Board. An individual appellant may appear before the 
Board in his or her own behalf, a corporation may appear before the 
Board by an officer thereof, a partnership or joint venture may appear 
before the Board by a member thereof. Any appellant may appear before 
the Board by an attorney at law duly licensed in any state, 
commonwealth, territory of the United States, or in the District of 
Columbia. An attorney representing an appellant shall register in the 
electronic filing system, and file a notice of appearance. The notice 
of appearance must include an email address, mailing address, telephone 
number, fax number, and a jurisdiction in which the attorney is 
licensed to practice law.
    (b) The term respondent means the U.S. Postal Service. Postal 
Service counsel, who shall be an attorney at law licensed to practice 
in a state, commonwealth, or territory of the United States, or in the 
District of Columbia, designated by the General Counsel, will represent 
the interest of the Postal Service before the Board. Postal Service 
counsel shall register in the electronic filing system, and file a 
written notice of appearance with the Board. The notice of appearance 
must include an email address, mailing address, telephone number, fax 
number, and a jurisdiction in which the attorney is licensed to 
practice law.
    (c) References to contractor, appellant, contracting officer, 
respondent and parties shall include respective counsel for the 
parties, as soon as appropriate notices of appearance have been filed 
with the Board. A self-represented party or an attorney representing 
either party shall inform the Board promptly of any change in his or 
her email address, mailing address, telephone number, or fax number, 
and must enter the appropriate changes promptly in the electronic 
filing system.

0
12. Revise Sec.  955.27 to read as follows:


Sec.  955.27  Withdrawal of attorney.

    Any attorney for either party who has filed a notice of appearance 
and who wishes to withdraw from a case must file a motion or notice 
which includes the name, email address, mailing address, telephone 
number, and fax number of the person who will assume responsibility for 
representation of the party in question.

0
13. In Sec.  955.29, revise the first sentence to read as follows:


Sec.  955.29  Decisions.

    Decisions of the Board will be made in writing and sent to both 
parties through the electronic filing system, or otherwise as 
appropriate. * * *

0
14. Revise Sec.  955.36 to read as follows:


Sec.  955.36  Effective dates and applicability.

    These revised rules govern proceedings under this part docketed on 
or after July 2, 2015.

Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2015-13167 Filed 6-1-15; 8:45 am]
BILLING CODE 7710-12-P



                                                                      Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Rules and Regulations                                           31303

                                                  § 165.T07–0024 Safety Zone; Rotary Club                 POSTAL SERVICE                                         implementation of the electronic filing
                                                  of Fort Lauderdale New River Raft Race,                                                                        system.
                                                  New River, Fort Lauderdale, FL.                         39 CFR Part 955                                           In § 955.5, concerning the
                                                    (a) Regulated area. The following                                                                            preparation, contents, organization,
                                                                                                          Rules of Practice Before the Postal                    forwarding, and status of the appeal file:
                                                  regulated area is a safety zone. All                    Service Board of Contract Appeals                         • Paragraph (a) is revised to eliminate
                                                  waters of the New River between
                                                                                                          AGENCY:    Postal Service.                             the requirement for the Postal Service’s
                                                  Esplanade Park to the west side of the
                                                                                                                                                                 counsel to provide a copy of the appeal
                                                  Florida East Coast Railroad Bridge,                     ACTION:   Final rule.                                  file to the appellant, which becomes
                                                  contained within the following points:                                                                         unnecessary under the electronic filing
                                                  Starting at Point 1 in position 26°07′10″               SUMMARY:   This document revises the
                                                                                                          rules of practice of the Postal Service                system, and to clarify the language of
                                                  N., 80°08′54″ W.; thence southeast to                                                                          paragraph (a)(4) with regard to
                                                  Point 2 in position 26°07′08″ N.,                       Board of Contract Appeals to implement
                                                                                                          an electronic filing system.                           transcripts and affidavits included in
                                                  80°08′44″ W.; thence south to Point 3 in                                                                       the appeal file.
                                                  position 26°07′06″ N., 80°08′45″ W.                     DATES: Effective date: July 2, 2015.                      • Paragraph (b) is revised to eliminate
                                                  thence northwest to Point 4 in position                 ADDRESSES: Written inquiries may be                    the requirement for the appellant to
                                                  26°07′09″ N., 80°08′54″ W.; thence north                addressed to Postal Service Board of                   provide a copy of an appeal file
                                                  back to origin. All coordinates are North               Contract Appeals, 2101 Wilson                          supplement to the Postal Service, which
                                                  American Datum 1983.                                    Boulevard, Suite 600, Arlington, VA                    becomes unnecessary under the
                                                                                                          22201–3078.                                            electronic filing system.
                                                    (b) Definition. The term ‘‘designated
                                                                                                          FOR FURTHER INFORMATION CONTACT: Vice                     • Paragraph (c) is revised to reflect
                                                  representative’’ means Coast Guard
                                                                                                          Chairman Gary E. Shapiro, (703) 812–                   that appeal file documents submitted in
                                                  Patrol Commanders, including Coast
                                                                                                          1910.                                                  the electronic filing system are not
                                                  Guard coxswains, petty officers, and
                                                                                                                                                                 original documents.
                                                  other officers operating Coast Guard                    SUPPLEMENTARY INFORMATION:
                                                                                                                                                                    • Paragraph (d) is revised to reflect
                                                  vessels, and Federal, state, and local                  A. Background                                          appropriate rules for handling bulky,
                                                  officers designated by or assisting the                                                                        lengthy or out-of-size documents, and
                                                  Captain of the Port Miami in the                          The Postal Service Board of Contract
                                                                                                                                                                 tangible evidence following
                                                  enforcement of the regulated area.                      Appeals (the Board) recently has
                                                                                                                                                                 implementation of the electronic filing
                                                                                                          implemented an electronic filing
                                                    (c) Regulations. (1) Non-participant                                                                         system.
                                                                                                          system. Changes to the rules of practice                  In § 955.7, with regard to the
                                                  persons and vessels are prohibited from                 before the Board in 39 CFR part 955 are
                                                  entering, transiting through, anchoring                                                                        procedures required to file pleadings in
                                                                                                          necessary to accommodate the new                       cases before the Board:
                                                  in, or remaining within the regulated                   system, and to establish rules relative to
                                                  area unless authorized by Captain of the                                                                          • Paragraph (a) is revised to eliminate
                                                                                                          that system. No other changes to the                   the requirement for the appellant to
                                                  Port Miami or a designated                              rules have been made.                                  provide a copy of the complaint to the
                                                  representative. Non-participant persons
                                                                                                          B. Explanation of Changes                              Postal Service, which becomes
                                                  and vessels may request authorization to
                                                                                                                                                                 unnecessary under the electronic filing
                                                  enter, transit through, anchor in, or                     In § 955.1, concerning jurisdiction,                 system.
                                                  remain within the regulated area by                     procedure, and service of documents in                    • Paragraph (b) is revised to eliminate
                                                  contacting the Captain of the Port Miami                proceedings before the Board:                          the requirement for the Postal Service to
                                                  by telephone at 305–535–4472, or a                        • Paragraph (b)(1) is amended to                     provide a copy of the answer to the
                                                  designated representative via VHF radio                 identify the internet address for the                  appellant, which becomes unnecessary
                                                  on channel 16. If authorization is                      electronic filing system.                              under the electronic filing system.
                                                  granted by the Captain of the Port                        • Paragraph (c)(3)(ii) is amended to                    In § 955.10, with regard to prehearing
                                                  Miami or a designated representative,                   indicate when Board orders and                         briefs, a sentence is added to specify the
                                                  all persons and vessels receiving such                  decisions are considered received by the               deadline for filing prehearing briefs
                                                  authorization must comply with the                      parties in the electronic filing system.               under the electronic filing system.
                                                  instructions of the Captain of the Port                   • Paragraph (c)(4) is revised to                        In § 955.13, concerning optional small
                                                  Miami or a designated representative.                   indicate when documents submitted by                   claims and accelerated procedures,
                                                                                                          parties are considered received by the                 language in paragraph (a)(3) is amended
                                                     (2) The Coast Guard will provide                     Board in the electronic filing system,                 to enhance clarity.
                                                  notice of the safety zone by Local Notice               and to clarify other language involving                   In § 955.14, with regard to settling the
                                                  to Mariners, Broadcast Notice to                        receipt of documents.                                  record, language requiring the
                                                  Mariners and on-scene designated                          • Paragraph (c)(5) is revised to                     availability of the record for inspection
                                                  representatives.                                        indicate when service of documents on                  at the Board’s location is removed from
                                                     (d) Effective date. This rule will be                the opposing party is required for                     paragraph (a), since the record will be
                                                  enforced from 3 p.m. until 6 p.m. on                    purposes of the electronic filing system.              available in the electronic filing system.
                                                  June 13, 2015.                                            In § 955.2, the heading is revised to                   In § 955.15, concerning discovery,
                                                                                                          Initiation of appeals, and the text is                 language is added to paragraph (a) to
                                                    Dated: May 22, 2015.                                  revised to indicate how appeals may be                 clarify when discovery requests and
                                                  A.J. Gould,                                             initiated directly by a contractor
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                                                                                                                                 responses should be filed under the
                                                  Captain, U.S. Coast Guard, Captain of the               following implementation of the                        electronic filing system.
                                                  Port Miami.                                             electronic filing system.                                 In § 955.26, with regard to the
                                                  [FR Doc. 2015–13401 Filed 6–1–15; 8:45 am]                In § 955.4, with regard to the                       appearance and representation by
                                                  BILLING CODE 9110–04–P                                  forwarding of appeals, the text is revised             counsel of parties before the Board:
                                                                                                          to indicate how appeals are initiated                     • Paragraphs (a) and (b) are revised to
                                                                                                          when a contractor submits a notice of                  specify that attorneys for appellants and
                                                                                                          appeal to a contracting officer following              the respondent U.S. Postal Service shall


                                             VerDate Sep<11>2014   15:16 Jun 01, 2015   Jkt 235001   PO 00000   Frm 00005   Fmt 4700   Sfmt 4700   E:\FR\FM\02JNR1.SGM   02JNR1


                                                  31304               Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Rules and Regulations

                                                  register in the electronic filing system                are considered filed with the Board as                 and revise paragraph (a)(4), and
                                                  and provide an email address.                           of the date/time (Eastern Time) reflected              paragraphs (b), (c), and (d) to read as
                                                    • Paragraph (c) is revised to indicate                in the system. Documents mailed to the                 follows:
                                                  that changes in email addresses or in                   Board are considered filed with the
                                                  representation of a party must be                       Board on the date mailed as evidenced                  § 955.5 Preparation, contents,
                                                                                                                                                                 organization, forwarding, and status of
                                                  entered in the electronic filing system.                by a United States postmark. Filings                   appeal file.
                                                    In § 955.27, concerning the                           submitted by any other means are
                                                  withdrawal of an attorney, the revised                  considered filed with the Board upon                      (a) * * * Within 30 days from receipt
                                                  language specifies that a motion or                     receipt by the Recorder of a complete                  of the Board’s docketing notice, or such
                                                  notice to withdraw from representation                  copy of the filing during the Board’s                  other period as the Board may order, the
                                                  must include an email address for the                   working hours (8:45 a.m.–4:45 p.m.                     respondent’s counsel shall file with the
                                                  person assuming responsibility for                      Eastern Time).                                         Board an appeal file consisting of all
                                                  representation.                                           (5) Service. If both parties to an appeal            documents pertinent to the appeal.
                                                    In § 955.29, with regard to decisions                 are participating via the electronic filing            * * *
                                                  of the Board, the first sentence is revised             system, separate service upon the                      *      *    *      *     *
                                                  to indicate that the Board will issue                   opposing party is not required.                           (4) Transcripts of any testimony taken
                                                  decisions through the electronic filing                 Otherwise, documents shall be served                   during the course of proceedings, and
                                                  system.                                                 personally or by mail with the opposing                affidavits or statements of any witnesses
                                                    In § 955.36, concerning effective dates               party by an equally or more expeditious                on the matter in dispute made prior to
                                                  and applicability, the revised language                 means of transmittal, noting on the                    the filing of the notice of appeal; and
                                                  specifies that these amended rules will                 document filed with the Board, or on                   *      *    *      *     *
                                                  govern proceedings under part 955                       the transmitting letter, that a copy has                  (b) Duties of the appellant. Within 30
                                                  docketed on or after July 2, 2015.                      been furnished. The filing of a                        days after receipt of a copy of the appeal
                                                                                                          document by fax transmission occurs                    file, the appellant shall supplement the
                                                  List of Subjects in 39 CFR Part 955                                                                            appeal file by transmitting to the Board
                                                                                                          upon receipt by the Board of the entire
                                                    Administrative practice and                           legible submission by fax. Copies of                   any documents not contained therein
                                                  procedure, Government contracts.                        simultaneous briefs shall not be filed                 considered to be pertinent to the appeal.
                                                    Accordingly, for the reasons stated, 39               electronically or otherwise exchanged                     (c) Organization of appeal file.
                                                  CFR part 955 is amended as follows:                     by the parties but rather shall be filed               Documents in the appeal file or
                                                                                                          only with the Board by mail, fax,                      supplement, as applicable shall be
                                                  PART 955—RULES OF PRACTICE                              commercial carrier, on in-person. The                  arranged in chronological order where
                                                  BEFORE THE POSTAL SERVICE                               Board will distribute simultaneous                     practicable, numbered sequentially,
                                                  BOARD OF CONTRACT APPEALS                               briefs electronically, or otherwise as                 tabbed, and indexed, to identify the
                                                                                                          appropriate. The Board may determine                   contents. Page numbering shall be
                                                  ■ 1. The authority citation for 39 CFR                  not to extend a deadline for filing if the             consecutive and continuous from one
                                                  part 955 continues to read as follows:                  extension is necessary solely because                  document to the next, so that the
                                                    Authority: 39 U.S.C. 204, 401; 41 U.S.C.              the Board’s fax machine is busy or                     complete file or supplement, as
                                                  7101–7109.                                              otherwise unavailable when a filing is                 applicable, will consist of one set of
                                                  ■ 2. In § 955.1, revise the second and                  due. Submissions filed by fax shall be                 consecutively numbered pages.
                                                  third sentences of paragraph (b)(1), add                followed promptly by filing by mail.                      (d) Lengthy documents. The Board
                                                  a new sentence at the start of paragraph                ■ 3. Revise § 955.2 to read as follows:                may waive the requirement to exchange
                                                  (c)(3)(ii), and revise paragraphs (c)(4)                                                                       or electronically file bulky, lengthy, or
                                                  and (c)(5) to read as follows:
                                                                                                          § 955.2    Initiation of appeals.                      out-of-size documents, or tangible
                                                                                                             An appeal must be initiated by the                  evidence in the appeal file on a showing
                                                  § 955.1 Jurisdiction, procedure, service of             filing of a notice of appeal (or                       of impracticality or undue burden.
                                                  documents.                                              equivalent). See § 955.1(c)(4). The notice             Documents or tangible evidence subject
                                                  *       *    *    *      *                              of appeal must be in writing and must                  to a waiver will be available for
                                                     (b) * * *                                            be filed within the time specified by                  inspection at the Board.
                                                     (1) * * * The Board’s telephone                      applicable law.                                        *      *    *      *     *
                                                  number is (703) 812–1900, and its Web                   ■ 4. Revise § 955.4 to read as follows:                ■ 6. In § 955.7, revise the first sentence
                                                  site is http://www.about.usps.com/who-                                                                         of paragraph (a) and the first sentence of
                                                  we-are/judicial/welcome.htm. The Web                    § 955.4    Forwarding of appeals.
                                                                                                                                                                 paragraph (b) to read as follows:
                                                  site for electronic filing is https://                    If a party seeking to file an appeal
                                                  uspsjoe.newdawn.com/justiceweb.                         submits a notice of appeal to the                      § 955.7   Pleadings.
                                                  *       *    *    *      *                              contracting officer instead of filing it                 (a) * * * Within 45 days after receipt
                                                     (c) * * *                                            using the electronic filing system, the                of notice of docketing of the appeal, the
                                                     (3) * * *                                            contracting officer shall indicate thereon             appellant shall file with the Board a
                                                     (ii) Unless otherwise specified by the               the date of receipt and shall forward the              complaint setting forth simple, concise
                                                  Board, orders and decisions shall be                    notice of appeal, including any                        and direct statements of each of its
                                                  considered received by the parties on                   envelope or other wrapping indicating                  claims, alleging the basis, with
                                                  the date posted to the electronic filing                the date of mailing, within 10 days to                 appropriate reference to contract
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                                                  system. * * *                                           the Postal Service General Counsel’s                   provisions, for each claim, and the
                                                     * * *                                                Office. A designee of the General                      dollar amount claimed. * * *
                                                     (4) Manner of filings. Pleadings and                 Counsel promptly shall enter the                       *     *     *     *    *
                                                  other communications shall be filed                     resulting case into the electronic filing                (b) * * * Within 30 days from receipt
                                                  using the electronic filing system unless               system.                                                of said complaint, or the aforesaid
                                                  the Board permits otherwise.                            ■ 5. In § 955.5, revise the first sentence             notice from the Board, the respondent
                                                  Documents submitted using that system                   of the introductory text of paragraph (a),             shall prepare and file with the Board an


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                                                                      Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Rules and Regulations                                          31305

                                                  answer thereto, setting forth simple,                   counsel, who shall be an attorney at law               ENVIRONMENTAL PROTECTION
                                                  concise, and direct statements of the                   licensed to practice in a state,                       AGENCY
                                                  respondent’s defenses to each claim                     commonwealth, or territory of the
                                                  asserted by the appellant. * * *                        United States, or in the District of                   40 CFR Part 52
                                                  *     *     *      *    *                               Columbia, designated by the General                    [EPA–R05–OAR–2013–0824; FRL–9928–35–
                                                  ■ 7. In § 955.10, revise the final                      Counsel, will represent the interest of                Region 5]
                                                  sentence to read as follows:                            the Postal Service before the Board.
                                                                                                          Postal Service counsel shall register in               Approval and Promulgation of Air
                                                  § 955.10   Prehearing briefs.                                                                                  Quality Implementation Plans;
                                                                                                          the electronic filing system, and file a
                                                    * * * In any case where a prehearing                  written notice of appearance with the                  Michigan; Part 3 Rules
                                                  brief is submitted, it shall be filed with
                                                                                                          Board. The notice of appearance must                   AGENCY: Environmental Protection
                                                  the Board at least 15 days prior to the
                                                                                                          include an email address, mailing                      Agency (EPA).
                                                  date set for hearing.
                                                                                                          address, telephone number, fax number,                 ACTION: Direct final rule.
                                                  ■ 8. In § 955.13, revise the first sentence
                                                                                                          and a jurisdiction in which the attorney
                                                  of paragraph (a)(3) to read as follows:                                                                        SUMMARY:    The Environmental Protection
                                                                                                          is licensed to practice law.
                                                  § 955.13 Optional Small Claims                                                                                 Agency (EPA) is approving revisions to
                                                                                                             (c) References to contractor,                       the Part 3 rules into the Michigan State
                                                  (Expedited) and Accelerated Procedures.
                                                                                                          appellant, contracting officer,                        Implementation Plan (SIP). On
                                                     (a) * * *                                            respondent and parties shall include
                                                     (3) In cases proceeding under the                                                                           December 13, 2013, the Michigan
                                                                                                          respective counsel for the parties, as                 Department of Environmental Quality
                                                  Expedited Procedure, the respondent
                                                                                                          soon as appropriate notices of                         (MDEQ) submitted to EPA for approval
                                                  shall file with the Board a copy of the
                                                  contract, the contracting officer’s final               appearance have been filed with the                    revisions to Part 3, Emission Limitations
                                                  decision, and the appellant’s claim                     Board. A self-represented party or an                  and Prohibitions—Particulate Matter
                                                  letter or letters, if any, within ten days              attorney representing either party shall               (PM), for open burning and electro-static
                                                  from the respondent’s first receipt from                inform the Board promptly of any                       precipitators (ESPs). The revisions for
                                                  either the appellant or the Board of a                  change in his or her email address,                    open burning eliminate specific
                                                  copy of the appellant’s notice of election              mailing address, telephone number, or                  provisions to allow household waste
                                                  of the Expedited Procedure. * * *                       fax number, and must enter the                         burning, and add a provision to allow
                                                  *      *     *      *     *                             appropriate changes promptly in the                    for burning of fruit and vegetable storage
                                                                                                          electronic filing system.                              bins for pest or disease control with
                                                  § 955.14   [Amended]                                                                                           specific location limitations. The SIP
                                                                                                          ■   12. Revise § 955.27 to read as follows:            request also removes rule 330 dealing
                                                  ■ 9. In § 955.14, remove the sentence at
                                                  the end of paragraph (a).                               § 955.27    Withdrawal of attorney.                    with operation parameters for
                                                  ■ 10. In § 955.15, add a sentence to the                                                                       electrostatic precipitators because of
                                                                                                             Any attorney for either party who has               redundancy, and rule 349 dealing with
                                                  end of paragraph (a), to read as follows:
                                                                                                          filed a notice of appearance and who                   compliance dates for coke ovens
                                                  § 955.15   Discovery.                                   wishes to withdraw from a case must                    because it is now obsolete. EPA is
                                                    (a) * * * Except in connection with                   file a motion or notice which includes                 approving this SIP revision because it
                                                  motions to compel or for a protective                   the name, email address, mailing                       will not interfere with attainment or
                                                  order, discovery requests and responses                 address, telephone number, and fax                     maintenance of the fine particulate
                                                  should not be filed with the Board.                     number of the person who will assume                   matter (PM2.5) National Ambient Air
                                                  *     *    *     *     *                                responsibility for representation of the               Quality Standard (NAAQS).
                                                  ■ 11. Revise § 955.26 to read as follows:               party in question.                                     DATES: This direct final rule will be
                                                                                                                                                                 effective August 3, 2015, unless EPA
                                                  § 955.26   Representation of the parties.               ■ 13. In § 955.29, revise the first
                                                                                                                                                                 receives adverse comments by July 2,
                                                     (a) The term appellant means a party                 sentence to read as follows:                           2015. If adverse comments are received,
                                                  that has filed an appeal for resolution by              § 955.29    Decisions.                                 EPA will publish a timely withdrawal of
                                                  the Board. An individual appellant may                                                                         the direct final rule in the Federal
                                                  appear before the Board in his or her                     Decisions of the Board will be made                  Register informing the public that the
                                                  own behalf, a corporation may appear                    in writing and sent to both parties                    rule will not take effect.
                                                  before the Board by an officer thereof, a               through the electronic filing system, or               ADDRESSES: Submit your comments,
                                                  partnership or joint venture may appear                 otherwise as appropriate. * * *                        identified by Docket ID No. EPA–R05–
                                                  before the Board by a member thereof.                                                                          OAR–2013–0824, by one of the
                                                  Any appellant may appear before the                     ■   14. Revise § 955.36 to read as follows:
                                                                                                                                                                 following methods:
                                                  Board by an attorney at law duly                        § 955.36    Effective dates and applicability.            1. www.regulations.gov: Follow the
                                                  licensed in any state, commonwealth,                                                                           on-line instructions for submitting
                                                  territory of the United States, or in the                 These revised rules govern                           comments.
                                                  District of Columbia. An attorney                       proceedings under this part docketed on                   2. Email: blakley.pamela@epa.gov
                                                  representing an appellant shall register                or after July 2, 2015.                                    3. Fax: (312) 692–2450.
                                                  in the electronic filing system, and file               Stanley F. Mires,
                                                                                                                                                                    4. Mail: Pamela Blakley, Chief,
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                                                  a notice of appearance. The notice of                                                                          Control Strategies Section, Air Programs
                                                  appearance must include an email                        Attorney, Federal Compliance.                          Branch (AR–18J), U.S. Environmental
                                                  address, mailing address, telephone                     [FR Doc. 2015–13167 Filed 6–1–15; 8:45 am]             Protection Agency, 77 West Jackson
                                                  number, fax number, and a jurisdiction                  BILLING CODE 7710–12–P                                 Boulevard, Chicago, Illinois 60604.
                                                  in which the attorney is licensed to                                                                              5. Hand Delivery: Pamela Blakley,
                                                  practice law.                                                                                                  Chief, Control Strategies Section, Air
                                                     (b) The term respondent means the                                                                           Programs Branch (AR–18J), U.S.
                                                  U.S. Postal Service. Postal Service                                                                            Environmental Protection Agency, 77


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Document Created: 2015-12-15 15:12:10
Document Modified: 2015-12-15 15:12:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
ContactVice Chairman Gary E. Shapiro, (703) 812-1910.
FR Citation80 FR 31303 
CFR AssociatedAdministrative Practice and Procedure and Government Contracts

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