Sec.  1.1507   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 Commission may adopt regulations
   providing that attorney fees may be awarded at a rate higher than $125.00
   per hour in some or all of the types of proceedings covered by this part.
   The Commission 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 Commission a petition for rulemaking to
   increase the maximum rate for attorney fees, in accordance with subpart C of
   this chapter. The petition should identify the rate the petitioner believes
   this agency should establish and the types of proceedings in which the rate
   should be used. It should also explain fully the reasons why the higher rate
   is warranted. This agency will respond to the petition by initiating a
   rulemaking proceeding, denying the petition, or taking other appropriate
   action.

   [ 47 FR 3786 , Jan. 27, 1982, as amended at  61 FR 39899 , July 31, 1996]