[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1262.107]



[Page 365-366]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1262_EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS--Table of 

Contents

 

                    Subpart 1262.1_General Provisions

 

Sec. 1262.107  Rulemaking on maximum rates for attorney fees.



    (a) If warranted by an increase in the cost of living or by special 

circumstances (such as limited availability of attorneys qualified to 

handle certain types of proceedings), the Agency may adopt regulations 

providing that attorney fees may be awarded at a rate higher then $75 

per hour in some or all of the types of proceedings covered by this 

part. This Agency will conduct any rulemaking proceedings for this 

purpose under the informal rulemaking procedures of the Administrative 

Procedure Act (5 U.S.C. 553).



[[Page 366]]



    (b) Any person may file with the Agency a petition for rulemaking to 

increase the maximum rate for attorney fees. The petition should be 

addressed to the General Counsel, NASA Headquarters, Washington, DC 

20546; should identify the rate the petitioner believes the Agency 

should establish and the types of proceedings in which the rate should 

be used; and should also explain fully the reasons why the higher rate 

is warranted. The Agency will respond to the petition within 60 days 

after it is filed, by initiating a rulemaking proceeding or denying the 

petition, or taking other appropriate action.