This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

24381

Vol. 65, No. 81

Wednesday, April 26, 2000

MERIT SYSTEMS PROTECTION

BOARD

5 CFR Part 1201

Practices and Procedures

AGENCY: Merit Systems Protection

Board.

ACTION: Final rule.

SUMMARY: The Merit Systems Protection

Board (MSPB or the Board) is amending

its rules of practice and procedure with

respect to attorney fee proceedings to

permit reimbursement to a prevailing

appellant’s attorney at his customary

billing rate if that rate is consistent with

the prevailing community rate where

the attorney ordinarily practices. The

intent of the amendment is to provide

a more equitable scheme for

reimbursement of a prevailing

appellant’s attorney fees.

EFFECTIVE DATE: April 26, 2000.

FOR FURTHER INFORMATION CONTACT:

Robert E. Taylor, Clerk of the Board,

(202) 653–7200.

SUPPLEMENTARY INFORMATION: The Merit

Systems Protection Board previously

published a proposal to amend its rule

at 5 CFR § 1201.203, which governs

attorney fee proceedings, to permit

reimbursement of a prevailing

appellant’s attorney fees at the

attorney’s customary billing rate if that

rate is consistent with the prevailing

community rate for similar services

where the attorney ordinarily practices.

(64 FR 72040, December 23, 1999) The

Board requested comments on the

proposal and suggestions as to

alternatives that might carry out the

Board’s intent of establishing a more

equitable scheme for reimbursement of

a prevailing appellant’s attorney fees.

The due date for comments was

February 7, 2000.

Comments were received from three

practitioners, all with experience

representing appellants before the

Board. Each of these practitioners

supports the Board’s proposal. No

comments were received in opposition

to the proposal.

One practitioner suggested that the

Board also amend 5 CFR § 1201.203 to

provide that ‘‘reasonable’’ attorney fees

will be determined using the attorney’s

current, rather than historic, rates. The

practitioner argued that such a rule

would provide fairer compensation

where a case takes years to resolve. The

Board concludes that this suggestion is

beyond the scope of the proposed rule

and that any such change would more

appropriately be developed through

case law.

The Board is publishing this rule as

a final rule pursuant to 5 U.S.C. 1204(h).

List of Subjects in 5 CFR Part 1201

Administrative practice and

procedure, Civil rights, Government

employees.

Accordingly, the Board amends 5 CFR

part 1201 as follows:

PART 1201—PRACTICES AND

PROCEDURES

1. The authority citation for part 1201

continues to read as follows:

Authority: 5 U.S.C. 1204 and 7701, unless

otherwise noted.

2. Amend § 1201.203 by revising

paragraph (a)(3) to read as follows:

§ 1201.203 Proceedings for attorney fees.

(a) * * *

(3) A statement of the attorney’s

customary billing rate for similar work,

with evidence that that rate is consistent

with the prevailing community rate for

similar services in the community in

which the attorney ordinarily practices;

and

* * * * *

Dated: April 19, 2000.

Robert E. Taylor,

Clerk of the Board.

[FR Doc. 00–10232 Filed 4–25–00; 8:45 am]

BILLING CODE 7400–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–13–AD; Amendment

39–11693; AD 2000–08–07]

RIN 2120–AA64

Airworthiness Directives; Raytheon

Model BAe 125–800A and BAe 125–

800B, Model Hawker 800, and Model

Hawker 800XP Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to certain Raytheon Model

BAe 125–800A and BAe 125–800B,

Model Hawker 800, and Model Hawker

800XP series airplanes, that currently

requires the filling of two tooling holes

on the firewalls of the left and right

engine pylons with firewall sealant.

This amendment requires the sealing of

all unused (open) tooling holes on the

firewalls of the left and right engine

pylons, and expands the applicability to

include additional airplanes. This

amendment is prompted by reports of

additional unused (open) tooling holes,

found at locations other than those

currently addressed. The actions

specified by this AD are intended to

prevent an engine fire from moving to

the fuselage and to the lines that carry

flammable fluid that are located inboard

of the firewall.

DATES: Effective May 31, 2000.

The incorporation by reference of

Raytheon Service Bulletin SB.54–1–

3815B, Revision 1, dated May 1998, as

listed in the regulations, is approved by

the Director of the Federal Register of

May 31, 2000.

The incorporation by reference of

Raytheon Service Bulletin SB.54–1–

3815B, dated March 26, 1996, as listed

in the regulations, was approved

previously by the Director of the Federal

Register as of January 27, 1997 (61 FR

66878, December 19, 1996).

ADDRESSES: The service information

referenced in this AD may be obtained

from Raytheon Aircraft Company,

Manager Service Engineering, Hawker

Customer Support Department, P.O. Box

85, Wichita, Kansas, 67201–0085. This

information may be examined at the