[Federal Register Volume 64, Number 110 (Wednesday, June 9, 1999)]
[Rules and Regulations]
[Page 30861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14598]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 110 / Wednesday, June 9, 1999 / Rules 
and Regulations  

[[Page 30861]]


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FEDERAL LABOR RELATIONS AUTHORITY

5 CFR Part 2430


Amendment of Equal Access to Justice Act Attorney Fees 
Regulations

AGENCY: Federal Labor Relations Authority.

ACTION: Final rule.

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SUMMARY: The Federal Labor Relations Authority (FLRA) amends its 
regulations implementing the Equal Access to Justice Act (EAJA) to 
conform to and carry out the intent of the March 29, 1996 amendments to 
the EAJA. Specifically, as provided in the EAJA's amendments, the 
amended regulation will permit recovery, in conjunction with adversary 
adjudications commenced on or after March 29, 1996, of attorney fees 
not to exceed $125.00 per hour.

EFFECTIVE DATE: June 9, 1999.

FOR FURTHER INFORMATION CONTACT: Peter Constantine, Office of Case 
Control, Federal Labor Relations Authority, 607 14th Street, NW, Room 
415, Washington, DC 20424-0001, or by telephone at (202) 482-6540.

SUPPLEMENTARY INFORMATION: The FLRA amends its regulation pertaining to 
the maximum per hour rate for attorney fees under the EAJA, 5 U.S.C. 
504(b)(1)(A) (1994 & Supp. III 1997), in conformance with the 
amendments to the EAJA adopted as part of the Contract with America 
Advancement Act of 1996, Public Law 104-121, 110 Stat. 847.
    In conjunction with adversary adjudications commenced on or after 
March 29, 1996, the EAJA's amendments permit recovery of attorney fees 
not to exceed $125.00 per hour. The FLRA's revised regulation, as set 
forth below, simply incorporates this change to the EAJA and makes the 
change applicable to FLRA proceedings. Because this amendment to the 
FLRA's regulation merely reiterates the specific terms of the EAJA's 
amendment in this regard, this regulatory action comes within the 
``good cause'' exemptions of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B) and 553(d). As a result, the notice and comment and effective 
date provisions of the Administrative Procedure Act are inapplicable.
    This action was announced by the FLRA in 55 FLRA No. 72 (Apr. 30, 
1999). That decision also noted that the FLRA would engage in 
rulemaking to consider appropriate criteria for increasing the maximum 
rate based on cost of living and other special factors. The Authority 
will subsequently promulgate the proposed rule and provide an 
opportunity for comment.

Regulatory Flexibility Act Certification

    Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 
U.S.C. 605(b), the FLRA has determined that this regulation, as 
amended, will not have a significant economic impact on a substantial 
number of small entities. The amendment is procedural in nature and is 
required to implement amendments to the EAJA.

Unfunded Mandates Reform Act of 1995

    This rule change will not result in the expenditure by state, 
local, and tribal governments, in the aggregate, or by the private 
sector, of $100,000,000 or more in any one year, and it will not 
significantly or uniquely affect small governments. Therefore, no 
actions were deemed necessary under the provisions of the Unfunded 
Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This action is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This rule 
will not result in an annual effect on the economy of $100,000,000 or 
more; a major increase in costs or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete with foreign-based companies in domestic and export markets.

Paperwork Reduction Act of 1995

    The amended regulation contains no additional information 
collection or record keeping requirements under the Paperwork Reduction 
Act of 1995, 44 U.S.C. 3501, et seq.

List of Subjects in 5 CFR Part 2430

    Administrative practice and procedure, Government employees, Labor-
management relations.

    For the reasons stated in the preamble, the FLRA amends 5 CFR part 
2430 as follows:

PART 2430--AWARDS OF ATTORNEY FEES AND OTHER EXPENSES

    1. The authority citation for part 2430 is revised to read as 
follows:

    Authority: 5 U.S.C. 504(c)(1).

    2. Amend Sec. 2430.4(a) by revising the first sentence to read as 
follows:


Sec. 2430.4  Allowable Fees and Expenses.

    (a) No award for the fee of an attorney or agent under these rules 
may exceed $125.00 per hour, or for adversary adjudications commenced 
prior to March 29, 1996, $75.00 per hour. * * *

    Dated: June 4, 1999.
Solly Thomas,
Executive Director.
[FR Doc. 99-14598 Filed 6-8-99; 8:45 am]
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