Rules of Practice Before the Board of Contract Appeals, 35662-35663 [E7-12491]
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Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Rules and Regulations
List of Subjects in 39 CFR Part 955
Subpart K—All Volunteer Force
Educational Assistance Program
(Montgomery GI Bill—Active Duty)
3. The authority citation for part 21,
subpart K continues to read as follows:
I
Authority: 38 U.S.C. 501(a), chs. 30, 36,
and as noted in specific sections.
§ 21.7075
PART 955—[AMENDED]
[Amended]
1. The authority citation for part 955
continues to read as follows:
I
4. Amend § 21.7075 by removing
‘‘§ 21.7076(b)(11)’’ and adding, in its
place, § 21.7076(b)(10)’’.
I
§ 21.7142
Authority: 39 U.S.C. 204, 401; 41 U.S.C.
607, 608.
[Amended]
2. Section 955.13 is revised to read as
follows:
I
5. Amend § 21.7142(b)(5)(ii) by
removing ‘‘paragraph (a)(1) or (a)(2)’’
and adding, in its place, ‘‘paragraph
(b)(1) or (b)(2)’’.
I
§ 955.13 Optional Small Claims
(Expedited) and Accelerated Procedures.
[FR Doc. E7–12589 Filed 6–28–07; 8:45 am]
BILLING CODE 8320–01–P
POSTAL SERVICE
39 CFR Part 955
Rules of Practice Before the Board of
Contract Appeals
AGENCY:
ACTION:
Postal Service.
Final rule.
SUMMARY: The Postal Service is
amending its rules regarding small
claims (expedited) and accelerated
proceedings before the Board of
Contract Appeals.
EFFECTIVE DATE:
June 29, 2007.
FOR FURTHER INFORMATION CONTACT:
Diane M. Mego, (703) 812–1905.
The John
Warner National Defense Authorization
Act for Fiscal Year 2007 (109 Pub. L.
364, 120 Stat. 2083 (Oct. 17, 2006))
amended the Contract Disputes Act to
require boards of contract appeals to
provide a procedure for the disposition
of an appeal from a small business
concern when the amount in dispute is
$150,000 or less. This rule amends 39
CFR part 955 to conform to the statutory
change and to make other technical
changes to the Small Claims (Expedited)
and Accelerated procedure rules before
the Board.
These revisions are a statutorily
mandated change in agency rules of
procedure and make other technical
changes to the Board’s rules of
procedure that do not substantially
affect any rights or obligations of private
parties. Therefore, it is appropriate for
their adoption by the Postal Service to
become effective immediately.
rmajette on PROD1PC64 with RULES
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
15:59 Jun 28, 2007
Administrative practice and
procedure, Contract Disputes Act of
1978, Postal Service.
I Accordingly, the Postal Service adopts
amendments to 39 CFR part 955 as
specifically set forth below:
Jkt 211001
(a) The SMALL CLAIMS (EXPEDITED)
Procedure. (1) The SMALL CLAIMS
(EXPEDITED) procedure is available
solely at the election of the appellant.
Such election requires decision of the
appeal, whenever possible, within 120
days after the Board receives written
notice of the appellant’s election to
utilize this procedure.
(2) The appellant may elect this
procedure when
(i) There is a monetary amount in
dispute and that amount is $50,000 or
less, or
(ii) There is a monetary amount in
dispute and that amount is $150,000 or
less and the appellant is a small
business concern (as that term is
defined in the Small Business Act and
regulations promulgated under the Act).
(3) In cases proceeding under the
SMALL CLAIMS (EXPEDITED)
procedure, the respondent shall send
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
SMALL CLAIMS (EXPEDITED)
procedure. If either party requests an
oral hearing in accordance with § 955.9,
the Board shall promptly schedule such
a hearing for a mutually convenient
time consistent with administrative due
process and the 120-day limit for a
decision, at a place determined under
§ 955.18. If a hearing is not requested by
either party, the appeal shall be deemed
to have been submitted under § 955.12
without a hearing.
(4) Promptly after receipt of the
appellant’s election of the SMALL
CLAIMS (EXPEDITED) procedure, the
Board shall establish a schedule of
proceedings that will allow for the
timely resolution of the appeal.
Pleadings, discovery, and other
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prehearing activities may be restricted
or eliminated at the Board’s discretion
as necessary to enable the Board to
decide the appeal within 120 days after
the Board has received the appellant’s
notice of election of the SMALL
CLAIMS (EXPEDITED) procedure. In so
doing, the Board may reserve whatever
time up to 30 days it considers
necessary for preparation of the
decision.
(5) Written decision by the Board in
cases processed under the SMALL
CLAIMS (EXPEDITED) procedure will
be short and contain only summary
findings of fact and conclusions.
Decisions will be rendered for the Board
by a single Administrative Judge. If
there has been a hearing, the
Administrative Judge presiding at the
hearing may, in his or her discretion, at
the conclusion of the hearing and after
entertaining such oral arguments as he
or she deems appropriate, render on the
record oral summary findings of fact,
conclusions of law, and a decision of
the appeal. Whenever such an oral
decision is rendered, the Board will
subsequently furnish the parties a
printed copy of such oral decision for
the record and payment purposes and
for the establishment of the
commencement date of the period for
filing a motion for reconsideration
under § 955.30.
(6) Decisions of the Board under the
SMALL CLAIMS (EXPEDITED)
procedure will not be published, will
have no value as precedents, and in the
absence of fraud, cannot be appealed.
(b) The ACCELERATED Procedure. (1)
This procedure is available solely at the
election of the appellant and shall apply
only to appeals where there is a
monetary amount in dispute and the
amount in dispute is $100,000 or less.
Such election requires decision of the
appeal, whenever possible, within 180
days after the Board receives written
notice of the appellant’s election to
utilize this procedure.
(2) Promptly after receipt of the
appellant’s election of the
ACCELERATED procedure, the Board
shall establish a schedule of
proceedings that will allow for the
timely resolution of the appeal. The
Board, in its discretion, may shorten
time periods prescribed elsewhere in
these Rules as necessary to enable the
Board to decide the appeal within 180
days after the Board has received the
appellant’s notice of election of the
ACCELERATED procedure.
(3) Written decisions by the Board in
cases processed under the
ACCELERATED procedure will
normally be short and contain only
summary findings of fact and
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29JNR1
Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Rules and Regulations
conclusions. Decisions will be rendered
for the Board by a single Administrative
Judge with the concurrence of the
Chairman or Vice Chairman or other
designated Administrative Judge, or by
a majority among these two and an
additional designated member in case of
disagreement. In cases where the
amount in dispute is $50,000 or less and
in which there has been a hearing, the
single Administrative Judge presiding at
the hearing may, with the concurrence
of both parties, convert the appeal to a
SMALL CLAIMS (EXPEDITED)
proceeding and at the conclusion of the
hearing, after entertaining such oral
arguments as he or she deems
appropriate, render on the record oral
summary findings of fact, conclusions of
law, and a decision of the appeal.
Whenever such an oral decision is
rendered, the Board will subsequently
furnish the parties a printed copy of
such oral decision for record and
payment purposes and to establish the
date of commencement of the period for
filing a motion for reconsideration
under § 955.30.
(c) At the request of Respondent, or
on its own initiative, the Board may
determine whether the amount in
dispute and/or the appellant’s status
make the election of the SMALL
CLAIMS (EXPEDITED) procedure or the
ACCELERATED procedure
inappropriate.
(d) Motions for Reconsideration in
Cases Arising Under § 955.13. Motions
for reconsideration of cases decided
under either the SMALL CLAIMS
(EXPEDITED) procedure or the
ACCELERATED procedure need not be
decided within the time periods
prescribed by this § 955.13 for the initial
decision of the appeal, but all such
motions shall be processed and decided
rapidly so as to fulfill the intent of this
section.
(e) Except as herein modified, the
rules of this part 955 otherwise apply in
all aspects.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. E7–12491 Filed 6–28–07; 8:45 am]
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BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 51
40 CFR Part 63
Requirements for Preparation,
Adoption, and Submittal of
Implementation Plans
National Emission Standards for
Hazardous Air Pollutants for Source
Categories
CFR Correction
In Title 40 of the Code of Federal
Regulations, Parts 50 to 51, revised as of
July 1, 2006, in Appendix S to Part 51,
on page 483, reinstate paragraph
II.A.4(iii) to read as follows:
CFR Correction
In Title 40 of the Code of Federal
Regulations, Part 63 (§§ 63.600 to
63.1199), revised as of July 1, 2006, in
§ 63.1103, paragraph (e)(2), on page 547,
in alphabetical order, add the definition
of ‘‘Organic HAP’’ to read as follows:
Appendix S to Part 51—Emission Offset
Interpretative Ruling
§ 63.1103 Source category-specific
applicability, definitions, and requirements.
*
*
*
*
*
*
II.* * *
A.* * *
4.* * *
(iii) The fugitive emissions of a stationary
source shall not be included in determining
for any of the purposes of this ruling whether
it is a major stationary source, unless the
source belongs to one of the following
categories of stationary sources:
(a) Coal cleaning plants (with thermal
dryers);
(b) Kraft pulp mills;
(c) Portland cement plants;
(d) Primary zinc smelters;
(e) Iron and steel mills;
(f) Primary aluminum ore reduction plants;
(g) Primary copper smelters;
(h) Municipal incinerators capable of
charging more than 250 tons of refuse per
day;
(i) Hydrofluoric, sulfuric, or nitric acid
plants;
(j) Petroleum refineries;
(k) Lime plants;
(l) Phosphate rock processing plants;
(m) Coke oven batteries;
(n) Sulfur recovery plants;
(o) Carbon black plants (furnace process);
(p) Primary lead smelters;
(q) Fuel conversion plants;
(r) Sintering plants;
(s) Secondary metal production plants;
(t) Chemical process plants;
(u) Fossil-fuel boilers (or combination
thereof) totaling more than 250 million
British thermal units per hour heat input;
(v) Petroleum storage and transfer units
with a total storage capacity exceeding
300,000 barrels;
(w) Taconite ore processing plants;
(x) Glass fiber processing plants;
(y) Charcoal production plants;
(z) Fossil fuel-fired steam electric plants of
more than 250 million British thermal units
per hour heat input;
(aa) Any other stationary source category
which, as of August 7, 1980, is being
regulated under section 111 or 112 of the Act.
*
*
*
*
*
[FR Doc. 07–55507 Filed 6–28–07; 8:45 am]
BILLING CODE 1505–01–D
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17:41 Jun 28, 2007
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*
*
*
*
(e)* * *
(2)* * *
Organic HAP means the compounds
listed in Table 1 to subpart XX of this
part.
*
*
*
*
*
[FR Doc. 07–55506 Filed 6–28–07; 8:45 am]
BILLING CODE 1505–01–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 170
Worker Protection Standard
CFR Correction
In Title 40 of the Code of Federal
Regulations, Parts 150 to 189, revised as
of July 1, 2006, in § 170.112, on page
212, paragraph (a)(1) is corrected to read
as follows:
§ 170.112
Entry restrictions.
(a) * * * (1) After the application of
any pesticide on an agricultural
establishment, the agricultural employer
shall not allow or direct any worker to
enter or to remain in the treated area
before the restricted-entry interval
specified on the pesticide labeling has
expired, except as provided in this
section.
*
*
*
*
*
[FR Doc. 07–55508 Filed 6–28–07; 8:45 am]
BILLING CODE 1505–01–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2002–0043; FRL–8131–3]
Pesticide Tolerance Nomenclature
Changes; Technical Amendment
Environmental Protection
Agency (EPA).
AGENCY:
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]]>Agencies
[Federal Register Volume 72, Number 125 (Friday, June 29, 2007)]
[Rules and Regulations]
[Pages 35662-35663]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12491]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 955
Rules of Practice Before the Board of Contract Appeals
AGENCY: Postal Service.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Postal Service is amending its rules regarding small
claims (expedited) and accelerated proceedings before the Board of
Contract Appeals.
EFFECTIVE DATE: June 29, 2007.
FOR FURTHER INFORMATION CONTACT: Diane M. Mego, (703) 812-1905.
SUPPLEMENTARY INFORMATION: The John Warner National Defense
Authorization Act for Fiscal Year 2007 (109 Pub. L. 364, 120 Stat. 2083
(Oct. 17, 2006)) amended the Contract Disputes Act to require boards of
contract appeals to provide a procedure for the disposition of an
appeal from a small business concern when the amount in dispute is
$150,000 or less. This rule amends 39 CFR part 955 to conform to the
statutory change and to make other technical changes to the Small
Claims (Expedited) and Accelerated procedure rules before the Board.
These revisions are a statutorily mandated change in agency rules
of procedure and make other technical changes to the Board's rules of
procedure that do not substantially affect any rights or obligations of
private parties. Therefore, it is appropriate for their adoption by the
Postal Service to become effective immediately.
List of Subjects in 39 CFR Part 955
Administrative practice and procedure, Contract Disputes Act of
1978, Postal Service.
0
Accordingly, the Postal Service adopts amendments to 39 CFR part 955 as
specifically set forth below:
PART 955--[AMENDED]
0
1. The authority citation for part 955 continues to read as follows:
Authority: 39 U.S.C. 204, 401; 41 U.S.C. 607, 608.
0
2. Section 955.13 is revised to read as follows:
Sec. 955.13 Optional Small Claims (Expedited) and Accelerated
Procedures.
(a) The SMALL CLAIMS (EXPEDITED) Procedure. (1) The SMALL CLAIMS
(EXPEDITED) procedure is available solely at the election of the
appellant. Such election requires decision of the appeal, whenever
possible, within 120 days after the Board receives written notice of
the appellant's election to utilize this procedure.
(2) The appellant may elect this procedure when
(i) There is a monetary amount in dispute and that amount is
$50,000 or less, or
(ii) There is a monetary amount in dispute and that amount is
$150,000 or less and the appellant is a small business concern (as that
term is defined in the Small Business Act and regulations promulgated
under the Act).
(3) In cases proceeding under the SMALL CLAIMS (EXPEDITED)
procedure, the respondent shall send 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 SMALL CLAIMS (EXPEDITED)
procedure. If either party requests an oral hearing in accordance with
Sec. 955.9, the Board shall promptly schedule such a hearing for a
mutually convenient time consistent with administrative due process and
the 120-day limit for a decision, at a place determined under Sec.
955.18. If a hearing is not requested by either party, the appeal shall
be deemed to have been submitted under Sec. 955.12 without a hearing.
(4) Promptly after receipt of the appellant's election of the SMALL
CLAIMS (EXPEDITED) procedure, the Board shall establish a schedule of
proceedings that will allow for the timely resolution of the appeal.
Pleadings, discovery, and other prehearing activities may be restricted
or eliminated at the Board's discretion as necessary to enable the
Board to decide the appeal within 120 days after the Board has received
the appellant's notice of election of the SMALL CLAIMS (EXPEDITED)
procedure. In so doing, the Board may reserve whatever time up to 30
days it considers necessary for preparation of the decision.
(5) Written decision by the Board in cases processed under the
SMALL CLAIMS (EXPEDITED) procedure will be short and contain only
summary findings of fact and conclusions. Decisions will be rendered
for the Board by a single Administrative Judge. If there has been a
hearing, the Administrative Judge presiding at the hearing may, in his
or her discretion, at the conclusion of the hearing and after
entertaining such oral arguments as he or she deems appropriate, render
on the record oral summary findings of fact, conclusions of law, and a
decision of the appeal. Whenever such an oral decision is rendered, the
Board will subsequently furnish the parties a printed copy of such oral
decision for the record and payment purposes and for the establishment
of the commencement date of the period for filing a motion for
reconsideration under Sec. 955.30.
(6) Decisions of the Board under the SMALL CLAIMS (EXPEDITED)
procedure will not be published, will have no value as precedents, and
in the absence of fraud, cannot be appealed.
(b) The ACCELERATED Procedure. (1) This procedure is available
solely at the election of the appellant and shall apply only to appeals
where there is a monetary amount in dispute and the amount in dispute
is $100,000 or less. Such election requires decision of the appeal,
whenever possible, within 180 days after the Board receives written
notice of the appellant's election to utilize this procedure.
(2) Promptly after receipt of the appellant's election of the
ACCELERATED procedure, the Board shall establish a schedule of
proceedings that will allow for the timely resolution of the appeal.
The Board, in its discretion, may shorten time periods prescribed
elsewhere in these Rules as necessary to enable the Board to decide the
appeal within 180 days after the Board has received the appellant's
notice of election of the ACCELERATED procedure.
(3) Written decisions by the Board in cases processed under the
ACCELERATED procedure will normally be short and contain only summary
findings of fact and
[[Page 35663]]
conclusions. Decisions will be rendered for the Board by a single
Administrative Judge with the concurrence of the Chairman or Vice
Chairman or other designated Administrative Judge, or by a majority
among these two and an additional designated member in case of
disagreement. In cases where the amount in dispute is $50,000 or less
and in which there has been a hearing, the single Administrative Judge
presiding at the hearing may, with the concurrence of both parties,
convert the appeal to a SMALL CLAIMS (EXPEDITED) proceeding and at the
conclusion of the hearing, after entertaining such oral arguments as he
or she deems appropriate, render on the record oral summary findings of
fact, conclusions of law, and a decision of the appeal. Whenever such
an oral decision is rendered, the Board will subsequently furnish the
parties a printed copy of such oral decision for record and payment
purposes and to establish the date of commencement of the period for
filing a motion for reconsideration under Sec. 955.30.
(c) At the request of Respondent, or on its own initiative, the
Board may determine whether the amount in dispute and/or the
appellant's status make the election of the SMALL CLAIMS (EXPEDITED)
procedure or the ACCELERATED procedure inappropriate.
(d) Motions for Reconsideration in Cases Arising Under Sec.
955.13. Motions for reconsideration of cases decided under either the
SMALL CLAIMS (EXPEDITED) procedure or the ACCELERATED procedure need
not be decided within the time periods prescribed by this Sec. 955.13
for the initial decision of the appeal, but all such motions shall be
processed and decided rapidly so as to fulfill the intent of this
section.
(e) Except as herein modified, the rules of this part 955 otherwise
apply in all aspects.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. E7-12491 Filed 6-28-07; 8:45 am]
BILLING CODE 7710-12-P
