§ 2200.4 Computing time. ( a ) *Computation.* The following rules apply in computing any time period specified in these rules or by any order that does not specify a method of computing time. ( 1 ) *Period stated in days or longer unit.* When the period is stated in days or a longer unit of time: ( i ) Exclude the day of the event that triggers the period;
( ii ) Count every day, including intermediate Saturdays, Sundays, and Federal holidays; and
( iii ) Include the last day of the period, but if the last day is a Saturday, Sunday, or Federal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or Federal holiday.
( 2 ) *Period stated in working days.* When the period is stated in working days, count every day except intermediate Saturdays, Sundays, and Federal holidays.
( 3 ) *Operating status of receiving Commission office.* Unless the Commission or the Judge orders otherwise, if the receiving Commission office is closed on the last day for filing due to inclement weather or other circumstance, then the time for filing is extended to the first day the office is open that is not a Saturday, Sunday, or Federal holiday.
( 4 ) *“Last day” defined.* Unless a different time is set by a rule or order, the last day ends: ( i ) For documents filed electronically in the Commission's E-File System, at 11:59 p.m. in the time zone of the receiving Commission office; and
( ii ) For filing by other means, when the receiving Commission office is scheduled to close.
( 5 ) *“Next day” defined.* The “next day” is determined by continuing to count forward when the period is measured after an event and backward when measured before an event.
( 6 ) *“Federal holiday” defined.* “Federal holiday” means: ( i ) The day set aside by statute for observing New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, or Christmas Day; and,
( ii ) Any day declared a holiday by the President or Congress.
( 7 ) *Computation examples.* ( i ) If a judge orders that a document is due in 40 days, count every calendar day starting the day after that order (day 1) until reaching day 40 (due date). If the receiving Commission office is closed on day 40 (such as on a Saturday, Sunday, or Federal holiday), the document would be due the next day the office is open. In other words, if day 40 falls on a Saturday, and the following Monday is a Federal holiday, the document would be due on Tuesday, the day after the holiday.
( ii ) If a judge orders that a document is due 14 days before a hearing, count backwards starting the day before the hearing (day 1) until reaching day 14. If the receiving Commission office is closed on day 14 (such as on a Saturday, Sunday, or Federal holiday), the document would be due on the last day the office is open before the Saturday, Sunday, or Federal holiday. In other words, if day 14 falls on a Sunday, and the Friday before is a Federal holiday, the document would be due on Thursday, the day before the holiday.
( b ) *Additional time after service by U.S. Mail.* When a party may or must act within a specified time after service and service is made by U.S. Mail under § 2200.7, 3 days are added after the period would otherwise expire under § 2200.4(a). *Provided, however,* that this provision does not apply to computing the time for filing a petition for discretionary review under § 2200.91(b).
[84 FR 14558, Apr. 10, 2019, as amended at 87 FR 8948, Feb. 17, 2022]