Equal Access to Justice Act in Agency Proceedings

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1262

RIN 2700-AC00

Equal Access to Justice Act in Agency Proceedings

agency: National Aeronautics and Space Administration (NASA).

action: Final rule.

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summary: NASA is amending its regulations under the Equal Access to

Justice Act by updating the definition of ``Adversary Adjudication'' to

conform to the amendments of 5 U.S.C. 504(b)(1)(C); to delete

references to the NASA Board of Contract Appeals in 14 CFR 1262.307(a),

since its functions have been assumed by the Armed Services Board of

Contract Appeals pursuant to an interagency Memorandum of Agreement

dated June 28, 1993, and effective July 12, 1993; and to correct

typographical errors in Secs. 1262.104(b)(4) and 1262.309.

effective date: March 8, 1995.

for further information contact: Sara Najjar-Wilson, Office of the

General Counsel, 202-358-2465.

supplementary information: NASA published its final rule, 14 CFR Part

1262, ``Implementation of the Equal Access to Justice Act in Agency

Proceedings,'' in the Federal Register on April 23, 1986 (51 FR 15311).

These changes to the rule are administrative in nature and do not

require a period for public comment.

NASA has determined that this regulation is not a major rule as

defined in Executive Order 12866.

This rule is not subject to the requirements of the Regulatory

Flexibility Act, 5 U.S.C. 601-612, since it will not exert a

significant economic impact on a substantial number of small business

entities.

List of Subjects in 14 CFR Part 1262

Claims, Equal access to justice, Lawyers.

For reasons set forth in the Summary of the Preamble, 14 CFR Part

1262 is amended as follows:

PART 1262--EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEDURES

1. The authority citation of 14 CFR Part 1262 is revised to read as

follows:

Authority: 5 U.S.C. 504; 42 U.S.C. 2473(c)(1).

2. Section 1262.101 is amended by revising paragraph (b)(1) to read

as follows:

Sec. 1262.101 Purpose of these rules.

* * * * *

(b) * * *

(1) Adversary adjudication means:

(i) An adjudication under 5 U.S.C. 554 in which the position of the

United States is represented by counsel or otherwise, but excludes an

adjudication for the purpose of establishing or fixing a rate or for

the purpose of granting or renewing a license;

(ii) Any appeal of a decision made pursuant to section 6 of the

Contract Disputes Act (CDA) of 1978, as amended (41 U.S.C. 605) before

an agency board of contract appeals as provided in section 8 of the CDA

(41 U.S.C. 607);

(iii) Any hearing conducted under Chapter 38 of Title 31 (added by

section 6104 of the Program Fraud Civil Remedies Act of 1986 (Pub. L.

99-509, 100 Stat. 1948, Oct. 21, 1986), 31 U.S.C. 3801, et seq., as

amended); and

(iv) The Religious Freedom Restoration Act (RFRA) of 1993 (added by

section 4(b), of RFRA (Pub. L. 103-141, 107 Stat. 1489, Nov. 16, 1993),

42 U.S.C. 2000bb).

* * * * *

3. Section 1262.103 is revised to read as follows:

Sec. 1262.103 Proceedings covered.

(a) The Act applies to the following adversary adjudications

conducted by the Agency:

(1) Adjudications under 5 U.S.C. 554 in which the position of NASA

or any other agency of the United States, or any component of an

agency, is presented by an attorney or other representative who enters

an appearance and participates in the proceedings;

(2) Appeals of decisions made pursuant to section 6 of the Contract

Disputes Act of 1978 (41 U.S.C. 605) before the Board of Contract

Appeals (BCA) as provided in Section 8 of that Act (41 U.S.C. 607);

(3) Any hearing conducted under Chapter 38 of Title 31 (31 U.S.C.

3801, et seq., as amended); and

(4) Adjudications under the Religious Freedom Restoration Act of

1993 (42 U.S.C. 2000bb).

(b) The Act does not apply to:

(1) Any proceeding in which this Agency may prescribe a lawful

present or future rate;

(2) Proceedings to grant or renew licenses (note, however, that

proceedings to modify, suspend, or revoke licenses are covered if they

are otherwise adversary adjudications); and

(3) Proceedings which are covered by a compromise or settlement

agreement, unless specifically consented to in such agreement.

(c) NASA may also designate a proceeding as an adversary

adjudication for purposes of the Act by so stating in an order

initiating the proceeding or designating the matter for hearing. The

Agency's failure to designate a proceeding as an adversary adjudication

shall not preclude the filling of an application by a party who

believes the proceeding is covered by the Act; whether the proceeding

is covered will then be an issue for resolution in proceedings on the

application.

(d) If a proceeding includes both matters covered by the Act and

matters specifically excluded from coverage, any award made will

include only fees and expenses related to covered issues.

4. In Section 1262.104, paragraph (b)(4), the citation ``12 U.S.C.

1441j(a))'' is revised to read ``(12 U.S.C. 1141j(a))''.

5. Section 1262.307 is amended by revising paragraph (a)

introductory text to read as follows: [[Page 12669]]

Sec. 1262.307 Decision.

(a) The adjudicative officer shall issue an initial decision on the

application with 90 calendar days after completion of proceedings on

the application. The decision shall include written findings and

conclusions on such of the following as are relevant to the decision:

* * * * *

Sec. 1262.309 [Amended]

6. In section 1262.309, last sentence, the word ``amont'' is

revised to read ``amount''.

Dated: March 3, 1995.

Daniel S. Goldin,

Administrator.

[FR Doc. 95-5669 Filed 3-7-95; 8:45 am]

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