Private Land Mobile Radio Service, 10519 [2016-04433]
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Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Rules and Regulations
Shipping Act of 1984), the Commission
may, upon petition, award the
prevailing party reasonable attorney
fees.
(b) Definitions.
Attorney fees means the fair market
value of the services of any person
permitted to appear and practice before
the Commission in accordance with
subpart B of this part.
Decision means:
(1) An initial decision or dismissal
order issued by an administrative law
judge;
(2) A final decision issued by a small
claims officer; or
(3) A final decision issued by the
Commission.
(c) Filing petitions for attorney fees.
(1) In order to recover attorney fees, the
prevailing party must file a petition
within 30 days after a decision becomes
final. For purposes of this section, a
decision is considered final when the
time for seeking judicial review has
expired or when a court appeal has
terminated.
(2) The prevailing party must file the
petition with either:
(i) The administrative law judge or
small claims officer, if that official’s
decision became administratively final
under § 502.227(a)(3), § 502.227(c),
§ 502.304(g), or § 502.318(a); or
(ii) The Commission, if the
Commission reviewed the decision of
the administrative law judge or small
claims officer under § 502.227,
§ 502.304, or § 502.318.
(d) Content of petitions. (1) The
petition must:
(i) Explain why attorney fees should
be awarded in the proceeding;
(ii) Specify the number of hours
claimed by each person representing the
prevailing party at each identifiable
stage of the proceeding; and
(iii) Include supporting evidence of
the reasonableness of the hours claimed
and the customary rates charged by
attorneys and associated legal
representatives in the community where
the person practices.
(2) The petition may request
additional compensation, but any such
request must be supported by evidence
that the customary rates for the hours
reasonably expended on the case would
result in an unreasonably low fee award.
(e) Replies to petitions. The opposing
party may file a reply to the petition
within 20 days of the service date of the
petition. The reply may address the
reasonableness of any aspect of the
prevailing party’s claim and may
suggest adjustments to the claim under
the criteria stated in paragraph (d) of
this section.
(f) Rulings on petitions. (1) Upon
consideration of a petition and any
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reply thereto, the Commission,
administrative law judge, or small
claims officer will issue an order
granting or denying the petition.
(i) If the order awards the prevailing
party attorney fees, the order will state
the total amount of attorney fees
awarded, specify the compensable hours
and appropriate rate of compensation,
and explain the basis for any additional
adjustments.
(ii) If the order denies the prevailing
party attorney fees, the order will
explain the reasons for the denial.
(2) The Commission, administrative
law judge, or small claims officer may
adopt a stipulated settlement of attorney
fees.
(g) Timing of rulings. An order
granting or denying a petition for
attorney fees will be served within 60
days of the date of the filing of the reply
to the petition or expiration of the reply
period, except that in cases involving a
substantial dispute of facts critical to the
determination of an award, the
Commission, administrative law judge,
or small claims officer may hold a
hearing on such issues and extend the
time for issuing an order by an
additional 30 days.
(h) Appealing rulings by
administrative law judge or small claims
officer. The relevant rules governing
appeal and Commission review of
decisions by administrative law judges
(§§ 502.227; 502.318) and small claims
officers (§ 502.304) apply to orders
issued by those officers under this
section. [Rule 254.]
6. Amend § 502.305 by revising
paragraph (b) to read as follows:
■
§ 502.305
this part.
Applicability of other rules of
*
*
*
*
*
(b) The following sections in subparts
A through Q of this part apply to
situations covered by this subpart:
§§ 502.2(a) (Requirement for filing);
502.2(f)(1) (Email transmission of
filings); 502.2(i) (Continuing obligation
to provide contact information); 502.7
(Documents in foreign languages);
502.21 through 502.23 (Appearance,
Authority for representation, Notice of
appearance; substitution and
withdrawal of representative); 502.43
(Substitution of parties); 502.101
(Computation); 502.113 (Service of
private party complaints); 502.117
(Certificate of service); 502.253 (Interest
in reparation proceedings); and 502.254
(Attorney fees in complaint
proceedings). [Rule 305.]
7. Amend § 502.318 by revising
paragraph (b) to read as follows:
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§ 502.318
10519
Decision.
*
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*
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*
(b) Attorney fees may be awarded to
the prevailing party in accordance with
§ 502.254. [Rule 318.]
8. Amend § 502.321 by revising
paragraph (b) to read as follows:
§ 502.321
this part.
Applicability of other rules of
*
*
*
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(b) The following sections in subparts
A through Q apply to situations covered
by this subpart: §§ 502.2(a)
(Requirement for filing); 502.2(f)(1)
(Email transmission of filings); 502.2(i)
(Continuing obligation to provide
contact information); 502.7 (Documents
in foreign languages); 502.21–502.23
(Appearance, Authority for
representation, Notice of appearance;
substitution and withdrawal of
representative); 502.43 (Substitution of
parties); 502.253 (Interest in reparation
proceedings); and 502.254 (Attorney
fees in complaint proceedings). [Rule
321.]
By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2016–04219 Filed 2–29–16; 8:45 am]
BILLING CODE 6731–AA–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 90
Private Land Mobile Radio Service
CFR Correction
In Title 47 of the Code of Federal
Regulations, Parts 80 to End, revised as
of October 1, 2015, on page 413, in
§ 90.520, the second paragraph (b)(2) is
removed.
[FR Doc. 2016–04433 Filed 2–29–16; 8:45 am]
BILLING CODE 1505–01–D
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1812, 1819, and 1852
NASA Federal Acquisition Regulation
Supplement
National Aeronautics and
Space Administration.
ACTION: Final rule; technical
amendments.
AGENCY:
NASA is making technical
amendments to the NASA FAR
Supplement (NFS) to provide needed
editorial changes.
DATES: Effective: March 1, 2016.
SUMMARY:
E:\FR\FM\01MRR1.SGM
01MRR1
Agencies
[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Rules and Regulations]
[Page 10519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04433]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
Private Land Mobile Radio Service
CFR Correction
In Title 47 of the Code of Federal Regulations, Parts 80 to End,
revised as of October 1, 2015, on page 413, in Sec. 90.520, the second
paragraph (b)(2) is removed.
[FR Doc. 2016-04433 Filed 2-29-16; 8:45 am]
BILLING CODE 1505-01-D