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]