[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: 49CFR826.7]

[Page 181-182]
 
                        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.  826.7  Rulemaking on maximum rates for attorney fees.

    (a) In addition to increases based on cost of living (see Sec.  
826.6), attorney fees in some or all of the proceedings covered by this 
part may also be increased beyond the statutory cap of $75 if warranted 
by special factors (such as limited availability of attorneys qualified 
to handle certain types of proceedings). The Board will conduct any 
rulemaking proceedings for this purpose under the informal rulemaking 
procedures of the Administrative Procedure Act.
    (b) Any person may file with the Board a petition for rulemaking to 
increase the maximum rate for attorney fees by demonstrating that a 
special factor(s) justifies a higher fee. The petition shall identify 
the rate the petitioner believes the Board should establish and the 
proceeding(s) or types of proceedings in which the rate should be used. 
It should also explain fully the reasons why the higher rate is 
warranted. The Board will respond to the petition within 60 days after 
it is filed, by initiating a rulemaking proceeding,

[[Page 182]]

denying the petition, or taking other appropriate action.

[58 FR 21545, Apr. 22, 1993]