[Code of Federal Regulations]
[Title 49, Volume 7]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR826.1]

[Page 179]
 
                        TITLE 49--TRANSPORTATION
 
           CHAPTER VIII--NATIONAL TRANSPORTATION SAFETY BOARD
 
PART 826_RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980--Table of Contents
 
                      Subpart A_General Provisions
 
Sec.  826.1  Purpose of these rules.


    The Equal Access to Justice Act, 5 U.S.C. 504 (the Act), provides 
for the award of attorney fees and other expenses to eligible 
individuals and entities who are parties to certain administrative 
proceedings (adversary adjudications) before the National Transportation 
Safety Board (Board). An eligible party may receive an award when it 
prevails over the Federal Aviation Administration (FAA), unless the 
Government agency's position in the proceeding was substantially 
justified or special circumstances make an award unjust. The rules in 
this part describe the parties eligible for awards and the proceedings 
that are covered. They also explain how to apply for awards, and the 
procedures and standards that this Board will use to make them. As used 
hereinafter, the term ``agency'' applies to the FAA.