Rules of Practice Before the Judicial Officer, 37567-37568 [2015-16141]
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Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Proposed Rules
§ 957.15
Computation of time.
A. Background
A designated period of time under the
rules in this part excludes the day the
period begins, and includes the last day
of the period unless the last day is a
Saturday, Sunday, or legal holiday, in
which event the period runs until the
close of business on the next business
day.
§ 957.16
Official record.
The transcript of testimony together
with all pleadings, orders, exhibits,
briefs, and other documents filed in the
proceeding shall constitute the official
record of the proceeding.
§ 957.17
Public information.
The Postal Service shall maintain for
public inspection copies of all findings
of fact issued under this Part, and make
them available through the Postal
Service Web site. The Recorder
maintains the complete official record of
every proceeding.
§ 957.18
Ex parte communications.
The provisions of 5 U.S.C. 551(14),
556(d), and 557(d) prohibiting ex parte
communications are made applicable to
proceedings under these rules of
practice.
Stanley F. Mires,
Attorney, Federal Compliance.
BILLING CODE 7710–12–P
POSTAL SERVICE
39 CFR Parts 961, 966
Rules of Practice Before the Judicial
Officer
ACTION:
Postal Service.
Proposed rule.
This document proposes to
amend the rules of practice prescribed
by the Judicial Officer relative to debt
collection proceedings against current
and former postal employees. These
amendments are necessary to
implement a new electronic filing
system.
SUMMARY:
Comments must be received on
or before July 31, 2015.
tkelley on DSK3SPTVN1PROD with PROPOSALS
DATES:
Postal Service Judicial
Officer Department, 2101 Wilson
Boulevard, Suite 600, Arlington, VA
22201–3078.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Associate Judicial Officer Gary E.
Shapiro, (703) 812–1910.
SUPPLEMENTARY INFORMATION:
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Amendments to 39 CFR Part 961
In § 961.4, concerning filing a
petition:
• Paragraph (a) is amended to identify
the internet address for the electronic
filing system.
• Paragraph (b) is amended to
indicate that a sample petition is
available through the electronic filing
system.
In § 961.6, concerning the filing,
docketing and serving of documents,
paragraph (a) is amended to indicate
when documents submitted by parties
are considered received, and to indicate
when service of documents on the
opposing party is required for purposes
of the electronic filing system.
In § 966.4, concerning filing a
petition:
• Paragraph (c) is amended to identify
the internet address for the electronic
filing system.
• Paragraph (d) is amended to
indicate that a sample petition is
available through the electronic filing
system.
In § 966.6, concerning the filing,
docketing and serving of documents,
paragraph (a) is amended to indicate
when documents submitted by parties
are considered received, and to indicate
when service of documents on the
opposing party is required for purposes
of the electronic filing system.
List of Subjects
39 CFR Part 961
Claims, Government employees,
Wages.
39 CFR Part 966
Administrative practice and
procedure, Claims, Government
employees, Wages.
Accordingly, for the reasons stated,
the Postal Service proposes to amend 39
CFR parts 961 and 966 as follows:
PO 00000
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PART 961—RULES OF PRACTICE IN
PROCEEDINGS UNDER SECTION 5 OF
THE DEBT COLLECTION ACT
1. The authority citation for 39 CFR
part 961 continues to read as follows:
■
Authority: 39 U.S.C. 204, 401; 5 U.S.C.
5514.
2. In § 961.4, revise the first sentence
of paragraph (a), and add a sentence at
the beginning of paragraph (b) to read as
follows:
■
§ 961.4
B. Explanation of Changes
Amendments to 39 CFR Part 966
[FR Doc. 2015–16143 Filed 6–30–15; 8:45 am]
AGENCY:
The Judicial Officer Department
recently implemented an electronic
filing system. Changes to the rules of
practice concerning debt collection
proceedings against current and former
postal employees (39 CFR parts 961 and
966, respectively) are necessary to
accommodate the new system, and to
establish rules relative to that system.
No other changes to the rules are
proposed.
37567
Employee petition for a hearing.
(a) If an employee desires a hearing,
prescribed by section 5 of the Debt
Collection Act, to challenge the Postal
Service’s determination of the existence
or amount of a debt, or to challenge the
involuntary repayment terms proposed
by the Postal Service, the employee
must file a written petition
electronically at https://
uspsjoe.justware.com/justiceweb, or by
mail at Recorder, Judicial Officer
Department, United States Postal
Service, 2101 Wilson Blvd., Suite 600,
Arlington, VA 22201–3078, on or before
the fifteenth (15th) calendar day
following the receipt of the Postal
Service’s ‘‘Notice of Involuntary
Administrative Salary Offsets Under the
Debt Collection Act.’’ * * *
(b) A sample petition is available
through the Judicial Officer Electronic
Filing Web site (https://
uspsjoe.justware.com/justiceweb).* * *
*
*
*
*
*
■ 3. Revise paragraph (a) of § 961.6 to
read as follows:
§ 961.6 Filing, docketing and serving
documents; computation of time;
representation of parties.
(a) Filing. After a petition is filed, all
documents relating to the Debt
Collection Act hearing proceedings
must be filed using the electronic filing
system unless the Hearing Official
permits otherwise. Documents
submitted using the electronic filing
system are considered filed as of the
date/time (Eastern Time) reflected in the
system. Documents mailed to the
Recorder are considered filed on the
date mailed as evidenced by a United
States Postal Service postmark. Filings
by any other means are considered filed
upon receipt by the Recorder of a
complete copy of the filing during
normal business hours (Normal
Recorder office business hours are
between 8:45 a.m. and 4:45 p.m.,
Eastern Time). If both parties 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 on the opposing
E:\FR\FM\01JYP1.SGM
01JYP1
37568
Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Proposed Rules
party, noting on the document filed, or
on the transmitting letter, that a copy
has been so furnished.
*
*
*
*
*
PART 966—RULES OF PRACTICE IN
PROCEEDINGS RELATIVE TO
ADMINISTRATIVE OFFSETS INITIATED
AGAINST FORMER EMPLOYEES OF
THE POSTAL SERVICE
4. The authority citation for 39 CFR
part 966 continues to read as follows:
■
Authority: 31 U.S.C. 3716; 39 U.S.C. 204,
401, 2601.
5. In § 966.4, revise paragraph (c), and
add a sentence at the beginning of
paragraph (d) to read as follows:
■
§ 966.4 Petition for a hearing and
supplement to petition.
*
*
*
*
*
(c) Within thirty (30) calendar days
after the date of receipt of the
Accounting Service Center’s decision
upon reconsideration, after the
expiration of sixty (60) calendar days
after a request for reconsideration where
a reconsideration determination is not
made, or following an administrative
offset taken without prior notice and
opportunity for reconsideration
pursuant to paragraph (b)(1) of this
section, the former employee must file
a written petition electronically at
https://uspsjoe.justware.com/justiceweb,
or by mail at Recorder, Judicial Officer
Department, United States Postal
Service, 2101 Wilson Blvd., Suite 600,
Arlington, VA 22201–3078.
(d) A sample petition is available
through the Judicial Officer Electronic
Filing Web site (https://
uspsjoe.justware.com/justiceweb).* * *
*
*
*
*
*
■ 6. Revise paragraph (a) of § 966.6 to
read as follows:
§ 966.6 Filing, docketing and serving
documents; computation of time;
representation of parties.
(a) Filing. After a petition is filed, all
documents required under this part
must be filed using the electronic filing
system unless the Hearing Official
permits otherwise. Documents
submitted using the electronic filing
system are considered filed as of the
date/time (Eastern Time) reflected in the
system. Documents mailed to the
Recorder are considered filed on the
date mailed as evidenced by a United
States Postal Service postmark. Filings
by any other means are considered filed
upon receipt by the Recorder of a
complete copy of the filing during
normal business hours (Normal
Recorder office business hours are
between 8:45 a.m. and 4:45 p.m.,
Eastern Time). If both parties 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 on the opposing
party, noting on the document filed, or
on the transmitting letter, that a copy
has been so furnished.
*
*
*
*
*
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2015–16141 Filed 6–30–15; 8:45 am]
BILLING CODE 7710–12–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
indicating that the petitioned actions
may be warranted, we find that one
petition does not present substantial
information that the petitioned entity
may be a listable entity under the Act,
and we find that one petition does not
present substantial information that the
petitioned entity may be a listable entity
under the Act and does not present
substantial scientific or commercial
information indicating that the
petitioned action may be warranted, and
we are not initiating status reviews in
response to these petitions. We refer to
these as ‘‘not-substantial petition
findings.’’ Based on our review, we find
that 21 petitions present substantial
scientific or commercial information
indicating that the petitioned actions
may be warranted. Therefore, with the
publication of this document, we are
initiating a review of the status of each
of these species to determine if the
petitioned actions are warranted. To
ensure that these status reviews are
comprehensive, we are requesting
scientific and commercial data and
other information regarding these
species. Based on the status reviews, we
will issue 12-month findings on the
petitions, which will address whether
the petitioned action is warranted, as
provided in section 4(b)(3)(B) of the Act.
To allow us adequate time to
conduct the status reviews, we request
that we receive information on or before
August 31, 2015. Information submitted
electronically using the Federal
eRulemaking Portal (see ADDRESSES,
below) must be received by 11:59 p.m.
Eastern Time on the closing date.
DATES:
[4500030115]
Endangered and Threatened Wildlife
and Plants; 90-Day Findings on 31
Petitions
Fish and Wildlife Service,
Interior.
ACTION: Notice of petition findings and
initiation of status reviews.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce 90day findings on various petitions to list
30 species and one petition that
describes itself as a petition to reclassify
one species under the Endangered
Species Act of 1973, as amended (Act).
Based on our review, we find that eight
petitions do not present substantial
scientific or commercial information
SUMMARY:
Not-substantial petition
findings: The not-substantial petition
findings announced in this document
are available on https://
www.regulations.gov under the
appropriate docket number (see Table 1,
below). Supporting information in
preparing these findings is available for
public inspection, by appointment,
during normal business hours by
contacting the appropriate person, as
specified under FOR FURTHER
INFORMATION CONTACT.
ADDRESSES:
TABLE 1—NOT-SUBSTANTIAL PETITION FINDINGS
tkelley on DSK3SPTVN1PROD with PROPOSALS
Species
Docket No.
Blue Ridge gray-cheeked
salamander.
Caddo Mountain salamander
California giant salamander
Colorado checkered whiptail
Distinct population segment
of North American wild
horse.
FWS–R4–ES–2015–0042 ..
https://www.regulations.gov/#!docketDetail;D=FWS-R4-ES-2015-0042
FWS–R4–ES–2015–0043
FWS–R8–ES–2015–0044
FWS–R6–ES–2015–0048
FWS–R8–ES–2015–0049
https://www.regulations.gov/#!docketDetail;D=FWS-R4-ES-2015-0043
https://www.regulations.gov/#!docketDetail;D=FWS-R8-ES-2015-0044
https://www.regulations.gov/#!docketDetail;D=FWS-R6-ES-2015-0048
https://www.regulations.gov/#!docketDetail;D=FWS-R8-ES-2015-0049
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PO 00000
Docket link
..
..
..
..
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01JYP1
]]>Agencies
[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Proposed Rules]
[Pages 37567-37568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16141]
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Parts 961, 966
Rules of Practice Before the Judicial Officer
AGENCY: Postal Service.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This document proposes to amend the rules of practice
prescribed by the Judicial Officer relative to debt collection
proceedings against current and former postal employees. These
amendments are necessary to implement a new electronic filing system.
DATES: Comments must be received on or before July 31, 2015.
ADDRESSES: Postal Service Judicial Officer Department, 2101 Wilson
Boulevard, Suite 600, Arlington, VA 22201-3078.
FOR FURTHER INFORMATION CONTACT: Associate Judicial Officer Gary E.
Shapiro, (703) 812-1910.
SUPPLEMENTARY INFORMATION:
A. Background
The Judicial Officer Department recently implemented an electronic
filing system. Changes to the rules of practice concerning debt
collection proceedings against current and former postal employees (39
CFR parts 961 and 966, respectively) are necessary to accommodate the
new system, and to establish rules relative to that system. No other
changes to the rules are proposed.
B. Explanation of Changes
Amendments to 39 CFR Part 961
In Sec. 961.4, concerning filing a petition:
Paragraph (a) is amended to identify the internet address
for the electronic filing system.
Paragraph (b) is amended to indicate that a sample
petition is available through the electronic filing system.
In Sec. 961.6, concerning the filing, docketing and serving of
documents, paragraph (a) is amended to indicate when documents
submitted by parties are considered received, and to indicate when
service of documents on the opposing party is required for purposes of
the electronic filing system.
Amendments to 39 CFR Part 966
In Sec. 966.4, concerning filing a petition:
Paragraph (c) is amended to identify the internet address
for the electronic filing system.
Paragraph (d) is amended to indicate that a sample
petition is available through the electronic filing system.
In Sec. 966.6, concerning the filing, docketing and serving of
documents, paragraph (a) is amended to indicate when documents
submitted by parties are considered received, and to indicate when
service of documents on the opposing party is required for purposes of
the electronic filing system.
List of Subjects
39 CFR Part 961
Claims, Government employees, Wages.
39 CFR Part 966
Administrative practice and procedure, Claims, Government
employees, Wages.
Accordingly, for the reasons stated, the Postal Service proposes to
amend 39 CFR parts 961 and 966 as follows:
PART 961--RULES OF PRACTICE IN PROCEEDINGS UNDER SECTION 5 OF THE
DEBT COLLECTION ACT
0
1. The authority citation for 39 CFR part 961 continues to read as
follows:
Authority: 39 U.S.C. 204, 401; 5 U.S.C. 5514.
0
2. In Sec. 961.4, revise the first sentence of paragraph (a), and add
a sentence at the beginning of paragraph (b) to read as follows:
Sec. 961.4 Employee petition for a hearing.
(a) If an employee desires a hearing, prescribed by section 5 of
the Debt Collection Act, to challenge the Postal Service's
determination of the existence or amount of a debt, or to challenge the
involuntary repayment terms proposed by the Postal Service, the
employee must file a written petition electronically at https://uspsjoe.justware.com/justiceweb, or by mail at Recorder, Judicial
Officer Department, United States Postal Service, 2101 Wilson Blvd.,
Suite 600, Arlington, VA 22201-3078, on or before the fifteenth (15th)
calendar day following the receipt of the Postal Service's ``Notice of
Involuntary Administrative Salary Offsets Under the Debt Collection
Act.'' * * *
(b) A sample petition is available through the Judicial Officer
Electronic Filing Web site (https://uspsjoe.justware.com/justiceweb).*
* *
* * * * *
0
3. Revise paragraph (a) of Sec. 961.6 to read as follows:
Sec. 961.6 Filing, docketing and serving documents; computation of
time; representation of parties.
(a) Filing. After a petition is filed, all documents relating to
the Debt Collection Act hearing proceedings must be filed using the
electronic filing system unless the Hearing Official permits otherwise.
Documents submitted using the electronic filing system are considered
filed as of the date/time (Eastern Time) reflected in the system.
Documents mailed to the Recorder are considered filed on the date
mailed as evidenced by a United States Postal Service postmark. Filings
by any other means are considered filed upon receipt by the Recorder of
a complete copy of the filing during normal business hours (Normal
Recorder office business hours are between 8:45 a.m. and 4:45 p.m.,
Eastern Time). If both parties 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 on
the opposing
[[Page 37568]]
party, noting on the document filed, or on the transmitting letter,
that a copy has been so furnished.
* * * * *
PART 966--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO
ADMINISTRATIVE OFFSETS INITIATED AGAINST FORMER EMPLOYEES OF THE
POSTAL SERVICE
0
4. The authority citation for 39 CFR part 966 continues to read as
follows:
Authority: 31 U.S.C. 3716; 39 U.S.C. 204, 401, 2601.
0
5. In Sec. 966.4, revise paragraph (c), and add a sentence at the
beginning of paragraph (d) to read as follows:
Sec. 966.4 Petition for a hearing and supplement to petition.
* * * * *
(c) Within thirty (30) calendar days after the date of receipt of
the Accounting Service Center's decision upon reconsideration, after
the expiration of sixty (60) calendar days after a request for
reconsideration where a reconsideration determination is not made, or
following an administrative offset taken without prior notice and
opportunity for reconsideration pursuant to paragraph (b)(1) of this
section, the former employee must file a written petition
electronically at https://uspsjoe.justware.com/justiceweb, or by mail
at Recorder, Judicial Officer Department, United States Postal Service,
2101 Wilson Blvd., Suite 600, Arlington, VA 22201-3078.
(d) A sample petition is available through the Judicial Officer
Electronic Filing Web site (https://uspsjoe.justware.com/justiceweb).*
* *
* * * * *
0
6. Revise paragraph (a) of Sec. 966.6 to read as follows:
Sec. 966.6 Filing, docketing and serving documents; computation of
time; representation of parties.
(a) Filing. After a petition is filed, all documents required under
this part must be filed using the electronic filing system unless the
Hearing Official permits otherwise. Documents submitted using the
electronic filing system are considered filed as of the date/time
(Eastern Time) reflected in the system. Documents mailed to the
Recorder are considered filed on the date mailed as evidenced by a
United States Postal Service postmark. Filings by any other means are
considered filed upon receipt by the Recorder of a complete copy of the
filing during normal business hours (Normal Recorder office business
hours are between 8:45 a.m. and 4:45 p.m., Eastern Time). If both
parties 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 on the opposing party, noting on
the document filed, or on the transmitting letter, that a copy has been
so furnished.
* * * * *
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2015-16141 Filed 6-30-15; 8:45 am]
BILLING CODE 7710-12-P
