C.F.R. » Title 49 » CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS › PART 386—RULES OF PRACTICE FOR FMCSA PROCEEDINGS › Subpart A—Scope of Rules; Definitions and General Provisions

49 C.F.R. § 386.8

Computation of time

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(a) Generally. In computing any time period set out in these rules or in an order issued hereunder, the time computation begins with the day following the act, event, or default. The last day of the period is included unless it is a Saturday, Sunday, or legal Federal holiday in which case the time period will run to the end of the next day that is not a Saturday, Sunday, or legal Federal holiday. All Saturdays, Sundays, and legal Federal holidays except those falling on the last day of the period will be computed.

(b) Date of entry of orders. In computing any period of time involving the date of the entry of an order, the date of entry is the date the order is served.

(c) Computation of time for delivery by mail. (1) Service of all documents is deemed effected at the time of mailing.

(2) Documents are not deemed filed until received by Docket Operations.

(3) Whenever a party has a right or a duty to act or to make any response within a prescribed period after service by mail, or on a date certain after service by mail, 5 days will be added to the prescribed period.

[70 FR 28480, May 18, 2005, as amended at 78 FR 58481, Sept. 24, 2013]
Notes of Decisions
Cited in 1 case, 2013–2013 · leading case: Dandino, Inc. v. U.S. Dep't of Transp., 729 F.3d 917 (9th Cir. 2013).
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Dandino, Inc. v. U.S. Dep't of Transp., 729 F.3d 917 (9th Cir. 2013). “” 49 C.F.R. § 386.8 (c)(3). 4 . The three-day period does not include the day of mailing, but does include the last day of the period.”
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