[Federal Register Volume 60, Number 45 (Wednesday, March 8, 1995)]
[Rules and Regulations]
[Pages 12668-12669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5669]



=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 7510-01-M