Rules of Practice Before the Postal Service Board of Contract Appeals, 37660 [2011-15961]

Agencies

• Postal Service

[Federal Register Volume 76, Number 124 (Tuesday, June 28, 2011)]
[Rules and Regulations]
[Page 37660]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15961]



[[Page 37660]]

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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.

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SUMMARY: The Postal Service is revising portions of the rules of 
practice before the Postal Service Board of Contract Appeals to clarify 
existing procedures, and to modify certain citations to reflect a 
change in statutory codification.

DATES: Effective date: July 28, 2011.

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

SUPPLEMENTARY INFORMATION:

A. Executive Summary

    The rules of practice in proceedings before the Postal Service 
Board of Contract Appeals are contained in 39 CFR part 955, which was 
substantially revised on May 5, 2009 (74 FR 20592). Subsequently, it 
became apparent that certain aspects of the rules required further 
clarification to conform to existing practice. In addition, citations 
to the Contract Disputes Act required revision to conform to the new 
codification of title 41, United States Code, under Public Law 111-350, 
124 Stat. 3677 (Jan. 4, 2011).

B. Summary of Changes

    Changes to Sec.  955.1 conform the rules to the new codification of 
the Contract Disputes Act.
    Formerly, Sec.  955.6 provided that either party may apply for a 
hearing on a motion addressed to the jurisdiction of the Board. The 
revised rule clarifies existing practice that the Board determines 
whether to conduct oral argument related to such a motion and that it 
may do so on its own initiative. The term ``oral argument'' is 
substituted for ``hearing'' as a more accurate descriptor of current 
practice.
    Section 955.7 is revised to reflect that the Board, on its own 
initiative and in the absence of a request by the appellant, may 
designate a document to constitute the appellant's complaint, and may 
do so prior to the time required for the appellant to file its 
complaint. The revised rule is intended to clarify that the complaint 
designation determination is to be made by the Board although it may be 
requested by the appellant.
    Section 955.9 is revised to reflect that while the parties may 
request a hearing, the Board determines whether a hearing will be 
conducted. Accordingly, references to the ``election'' of a party or 
parties are changed to the ``request'' of a party or parties. 
Corresponding changes are made to Sec. Sec.  955.10 and 955.18.

List of Subjects in 39 CFR Part 955

    Administrative practice and procedure, Contract Disputes Act of 
1978, Postal Service.

    For the reasons set forth in the preamble, the Postal Service 
hereby amends 39 CFR part 955 as set forth below:

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

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

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


Sec.  955.1  [Amended]

0
2. In Sec.  955.1, the first sentence of paragraph (a) and the first 
sentence of paragraph (b)(2) are amended by removing ``41 U.S.C. 601-
613'', and adding ``41 U.S.C. 7101-7109'' in its place.

0
3. In Sec.  955.6, paragraph (a) is revised to read as follows:


Sec.  955.6  Motions.

    (a) Any motion addressed to the jurisdiction of the Board shall be 
promptly filed. Oral argument on the motion may be afforded on 
application of either party, in the Board's discretion, or on the 
Board's initiative. The Board may at any time and on its own initiative 
raise the issue of its jurisdiction to proceed with a particular case.
* * * * *

0
4. In Sec.  955.7, paragraph (a) is revised to read as follows:


Sec.  955.7  Pleadings.

    (a) Appellant. 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, and shall 
serve the respondent with a copy. This pleading shall fulfill the 
generally recognized requirements of a complaint although no particular 
form or formality is required. Upon the appellant's request or on the 
Board's own initiative, the appellant's claim, notice of appeal or 
other document may be deemed to constitute the complaint if in the 
opinion of the Board the issues before the Board are sufficiently 
defined.
* * * * *

0
5. Section 955.9 is revised to read as follows:


Sec.  955.9  Hearing request.

    As directed by Board order, each party shall inform the Board, in 
writing, whether it requests a hearing as prescribed in Sec. Sec.  
955.18 through 955.25, or in the alternative submission of its case on 
the record without a hearing as prescribed in Sec.  955.12. If a 
hearing is requested, the request should state where and when the 
requesting party desires the hearing to be conducted and should explain 
the reasons for its choices. After considering the parties' requests, 
the Board will determine whether a hearing will be held.

0
6. In Sec.  955.10, the first sentence is revised to read as follows:


Sec.  955.10  Prehearing briefs.

    Based on an examination of the documentation described in Sec.  
955.5, the pleadings, and a determination of whether the arguments and 
authorities addressed to the issues are adequately set forth therein, 
the Board may, in its discretion, require the parties to submit 
prehearing briefs in any case in which a hearing has been ordered 
pursuant to Sec.  955.9. * * *

0
7. In Sec.  955.18, the first sentence is revised to read as follows:


Sec.  955.18  Hearings--where and when held.

    If there is to be a hearing, it will be held at a time and place 
prescribed by the Board after consultation with the parties. * * *

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 2011-15961 Filed 6-27-11; 8:45 am]
BILLING CODE 7710-12-P