# 49 C.F.R. § 1016.107 (2026): Allowable fees and expenses

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T49_P1016_S1016_107

## Section

- **Citation:** 49 C.F.R. § 1016.107 (2026)
- **Heading:** Allowable fees and expenses
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 49 CFR: Transportation / Chapter X: SURFACE TRANSPORTATION BOARD / Part 1016: SPECIAL PROCEDURES GOVERNING THE RECOVERY OF EXPENSES BY PARTIES TO BOARD ADJUDICATORY PROCEEDINGS / Subpart A: General Provisions / § 1016.107: § 1016.107   Allowable fees and expenses.

## Text

(a) Awards will be based on rates customarily charged by persons engaged in the business of acting as attorneys, agents and expert witnesses, even if the services were made available without charge or at a reduced rate to the applicant.
(b) No award for the fee of an attorney or agent under these rules may exceed the amount specified by 5 U.S.C. 504(b)(1)(A), unless a higher fee is justified. 5 U.S.C. 504(b)(1)(A). However, an award may also include the reasonable expenses of the attorney, agent, or witness as a separate item, if the attorney, agent, or witness ordinarily charges clients separately for such expenses.
(c) In determining the reasonableness of the fee sought for an attorney, agent or expert witness, the adjudicative officer shall consider the following:
(1) If the attorney, agent or witness is in private practice, his or her customary fee for similar services, or, if an employee of the applicant, the fully allocated cost of the services;
(2) The prevailing rate for similar services in the community in which the attorney, agent, or witness ordinarily performs services;
(3) The time actually spent in the representation of the applicant;
(4) The time reasonably spent in light of the difficulty or complexity of the issues in the proceeding; and
(5) Such other factors as may bear on the value of the services provided.
(d) The reasonable cost of any study, analysis, engineering report, test, project or similar matter prepared on behalf of a party may be awarded, to the extent that the charge for the service does not exceed the prevailing rate for similar services, and the study or other matter was necessary for preparation of the applicant's case.
[46 FR 61660, Dec. 18, 1981, as amended at 54 FR 26379, June 23, 1989; 81 FR 8851, Feb. 23, 2016]

## Nearby sections

- [49 C.F.R. § 1016.101 (2026) § 1016.101   Purpose of these rules.](https://www.frixlaw.com/law-library/statutes/CFR_T49_P1016_S1016_101.md)
- [49 C.F.R. § 1016.102 (2026) § 1016.102   When the Act applies.](https://www.frixlaw.com/law-library/statutes/CFR_T49_P1016_S1016_102.md)
- [49 C.F.R. § 1016.103 (2026) § 1016.103   Proceedings covered.](https://www.frixlaw.com/law-library/statutes/CFR_T49_P1016_S1016_103.md)
- [49 C.F.R. § 1016.104 (2026) § 1016.104   Decisionmaking authority.](https://www.frixlaw.com/law-library/statutes/CFR_T49_P1016_S1016_104.md)
- [49 C.F.R. § 1016.105 (2026) § 1016.105   Eligibility of applicants.](https://www.frixlaw.com/law-library/statutes/CFR_T49_P1016_S1016_105.md)
- [49 C.F.R. § 1016.106 (2026) § 1016.106   Standards for awards.](https://www.frixlaw.com/law-library/statutes/CFR_T49_P1016_S1016_106.md)
- [49 C.F.R. § 1016.107 (2026) § 1016.107   Allowable fees and expenses.](https://www.frixlaw.com/law-library/statutes/CFR_T49_P1016_S1016_107.md)
- [49 C.F.R. § 1016.109 (2026) § 1016.109   Awards against other agencies.](https://www.frixlaw.com/law-library/statutes/CFR_T49_P1016_S1016_109.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T49_P1016_S1016_107. Check the current official text before relying on it. Not legal advice.