[Federal Register Volume 81, Number 28 (Thursday, February 11, 2016)]
[Rules and Regulations]
[Page 7208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02741]


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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: This document revises a portion of the rules of practice 
before the Postal Service Board of Contract Appeals to clarify that the 
Associate Judicial Officer is not required to serve as the Board's Vice 
Chairman.

DATES: Effective: February 11, 2016.

ADDRESSES: Correspondence regarding this document may be addressed to: 
Postal Service Judicial Officer Department, 2101 Wilson Boulevard, 
Suite 600, Arlington, VA 22201-3078.

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

SUPPLEMENTARY INFORMATION:

A. Background

    The Contract Disputes Act of 1978, as amended, established the 
Postal Service Board of Contract Appeals (PSBCA), and prescribed that 
its members consist of judges appointed by the Postmaster General, who 
shall meet the qualifications of and serve in the same manner as the 
members of the Civilian Board of Contract Appeals. (See 41 U.S.C. 
7105(d)). The Board's current rules of practice state at 39 CFR 
955.1(b)(2) that the Board consists of the Judicial Officer as 
Chairman, the Associate Judicial Officer as Vice Chairman, and the 
Judges of the Board, as appointed by the Postmaster General in 
accordance with the Contract Disputes Act of 1978, 41 U.S.C. 7101-7109, 
which reflected the Board's structure at the time the rules were 
implemented. While the Judicial Officer is appointed in accordance with 
the provisions of 39 U.S.C. 204, and serves as Chairman of the PSBCA, 
there is no statutory or other legal requirement that the Associate 
Judicial Officer serve as Vice Chairman.

B. Explanation of Changes

    Accordingly, to enhance the efficiency and operational flexibility 
of the PSBCA, this document amends Sec.  955.1(b)(2) by removing the 
statement reflecting the PSBCA's previously existing structure where 
the Associate Judicial Officer served as Vice Chairman of the Board, 
thus allowing any Judge of the Board to serve in that capacity. No 
other changes to the rules have been made.

List of Subjects in 39 CFR Part 955

    Administrative practice and procedure, Government contracts.

    Accordingly, for the reasons stated, the Postal Service hereby 
amends 39 CFR part 955 as follows:

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

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

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


0
2. In Sec.  955.1, revise the first sentence of paragraph (b)(2) to 
read as follows:


Sec.  955.1  Jurisdiction, procedure, service of documents.

* * * * *
    (b) * * *
    (2) The Board consists of the Judicial Officer as Chairman, and the 
Judges of the Board, as appointed by the Postmaster General in 
accordance with the Contract Disputes Act of 1978, 41 U.S.C. 7101-7109. 
* * *
* * * * *

Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2016-02741 Filed 2-10-16; 8:45 am]
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