Proclamation 8296-To Modify Duty-free Treatment Under The Caribbean Basin Economic Recovery Act and for Other Purposes, 60609 [Z8-23562]
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60609
Rules and Regulations
Federal Register
Vol. 73, No. 199
Tuesday, October 14, 2008
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
The President
3 CFR
Proclamation 8296—To Modify Dutyfree Treatment Under The Caribbean
Basin Economic Recovery Act and for
Other Purposes
Correction
In Presidential document E8–23562
beginning on page 57475 in the issue of
Friday, October 3, 2008, make the
following correction:
On page 57483 the Filed date should
read ‘‘10–2–08’’.
[FR Doc. Z8–23562 Filed 10–10–08; 8:45 am]
BILLING CODE 1505–01–D
GOVERNMENT ACCOUNTABILITY
OFFICE
4 CFR Part 22
Rules of Procedure of the Government
Accountability Office Contract Appeals
Board
AGENCY:
Government Accountability
Office.
ebenthall on PROD1PC60 with RULES
ACTION:
Final rule.
SUMMARY: This document contains the
final revisions to the interim rules of
procedures of the Government
Accountability Office (GAO) Contract
Appeals Board (Board), which was
published in the Federal Register on
June 26, 2008. These rules supersede the
interim rules of the Board and will
govern all proceedings before the Board
filed on or after October 1, 2007.
DATES: Effective Date: October 14, 2008.
FOR FURTHER INFORMATION CONTACT:
James A. Spangenberg (Chairman),
David Ashen (Vice Chairman), or
Sharon L. Larkin (Member), 202–512–
3342, cab@gao.gov. Hearing or speech
impaired individuals may contact the
Board via TTY by calling the toll-free
VerDate Aug<31>2005
15:35 Oct 10, 2008
Jkt 217001
Federal Information Relay Service at
800–877–8339.
SUPPLEMENTARY INFORMATION:
Background
The Board published in the Federal
Register at 73 FR 36257, June 26, 2008,
interim rules of procedure along with a
notice inviting comments on those
rules. This notice announced the
intention to promulgate final rules of
procedure, following the Board’s review
and consideration of all comments, to
govern all proceedings before the Board
that are filed on or after October 1, 2007.
The Board has considered all comments
received, revised the interim rules in
part (as explained below), and now
promulgates its final rules of procedure.
These rules are promulgated pursuant to
the Board’s authority contained in
section 1501(d) of title I of division H
of the Consolidated Appropriations Act
of 2008, and will be contained in 4 CFR
part 22.
Summary of Comments and Changes
The Board received comments from
two commentators, including one
legislative branch agency and one bar
association. The Board carefully
considered each comment and adopted
some of the suggestions made by the
commentators. In addition, the Board
made minor changes to the interim rules
to correct numbering of certain
paragraphs and to clarify discovery
rules to reflect current motions practice
before the Board. The comments and
changes are discussed below.
Sec. 22.2 [Board Consideration]. One
commentator suggested that the Board
clarify how all Board members ‘‘will be
in a position to make an informed
decision’’ in cases where a hearing is
conducted by only one member of a
three-member Board. In such cases, it is
the Board’s practice to make the entire
record, including the hearing transcript,
available to all members of the panel.
The Board does not believe that
clarification of the rules is necessary to
address this issue.
Secs. 22.3 [Appeals—How Taken] and
22.28 [Time]. One commentator raised
concern that the Board’s reference to
5:30 p.m. ‘‘Eastern Standard Time’’ in
paragraph (b) of section 22.3 and in
section 22.28 could cause confusion
because of the use of daylight savings
time. The commentator suggested that
the Board instead refer to 5:30 p.m.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
‘‘local time in Washington, DC.’’ The
Board agrees and has revised the
sections accordingly.
One commentator also suggested that
paragraph (d) of section 22.3, referring
to the Board’s issuance of a docketing
notice, be modified to indicate that the
Board will identify in the docketing
notice the presiding member of the
panel, as well as the availability of
alternative dispute resolution (ADR).
Current Board practice is to provide this
information in the docketing notices
issued in all cases. The Board believes
that these matters can be appropriately
addressed in its docketing notices and
declines to modify its rule.
Secs. 22.4 [Appeal File] and 22.5
[Pleadings]. One commentator suggested
that the Board reverse the order of these
sections. The Board declines to do so.
The Appeal file is commonly referred to
as the Rule 4 file and the placement of
the rule at section 22.4 [Rule 4] was
intentional so as to avoid confusion.
Reference to the ‘‘Rule 4’’ file is
consistent with other board practice and
with what is expected by experienced
practitioners in this field.
Sec. 22.8 [General Discovery
Procedures]. The interim rules have led
to confusion among some parties as to
whether motions concerning discovery
must be filed before the end date for
discovery. To clarify, the Board adds
paragraph (k) to section 22.8 to require
parties to file all motions concerning
discovery, including motions to compel
discovery, on or before the end date of
discovery to the maximum extent
possible. The revised rule further
provides that late-filed motions will not
be considered except for good cause
shown.
Sec. 22.13 [Requests for Admission].
Paragraphs (a)(1)(A) and (a)(1)(B) are
renumbered as (a)(1)(i) and (a)(1)(ii) to
be consistent with the numbering in
other sections and paragraphs.
Sec. 22.15 [Conferences and Orders].
One commentator suggested that the
Board consider holding a mandatory
initial scheduling conference after the
filing of the complaint and answer to
discuss procedural issues, discovery,
and case development and resolution.
The Board agrees that an initial
scheduling conference with the parties
is a useful tool to orderly case
development and resolution. Therefore,
the Board revises section 22.15 to
include a new paragraph (a), titled
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[Federal Register Volume 73, Number 199 (Tuesday, October 14, 2008)]
[Rules and Regulations]
[Page 60609]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: Z8-23562]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 /
Rules and Regulations
[[Page 60609]]
The President
3 CFR
Proclamation 8296--To Modify Duty-free Treatment Under The
Caribbean Basin Economic Recovery Act and for Other Purposes
Correction
In Presidential document E8-23562 beginning on page 57475 in the
issue of Friday, October 3, 2008, make the following correction:
On page 57483 the Filed date should read ``10-2-08''.
[FR Doc. Z8-23562 Filed 10-10-08; 8:45 am]
BILLING CODE 1505-01-D
