[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR190.7]

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                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                       TRANSPORTATION (CONTINUED)
 
PART 190 --PIPELINE SAFETY PROGRAMS AND RULEMAKING PROCEDURES--Table of Contents
 
                           Subpart A--General
 
Sec. 190.7  Subpoenas; witness fees.

    (a) The Administrator, RSPA, the Chief Counsel, RSPA, or the 
official designated by the Administrator, RSPA, to preside over a 
hearing convened in accordance with this part, may sign and issue 
subpoenas individually on their own initiative or, upon request and 
adequate showing by any person participating in the proceeding that the 
information sought will materially advance the proceeding.
    (b) A subpoena may require the attendance of a witness, or the 
production of documentary or other tangible evidence in the possession 
or under the control of person served, or both.
    (c) A subpoena may be served personally by any person who is not an 
interested person and is not less than 18 years of age, or by certified 
or registered mail.
    (d) Service of a subpoena upon the person named therein shall be 
made by delivering a copy of the subpoena to such person and by 
tendering the fees for one day's attendance and mileage as specified by 
paragraph (g) of this section. When a subpoena is issued at the instance 
of any officer or agency of the United States, fees and mileage need not 
be tendered at the time of service. Delivery of a copy of a subpoena and 
tender of the fees to a natural person may be made by handing them to 
the person, leaving them at the person's office with the person in 
charge thereof, leaving them at the person's dwelling place or usual 
place of abode with some person of suitable age and discretion then 
residing therein, by mailing them by registered or certified mail to the 
person at the last known address, or by any method whereby actual notice 
is given to the person and the fees are made available prior to the 
return date.
    (e) When the person to be served is not a natural person, delivery 
of a copy of the subpoena and tender of the fees may be effected by 
handing them to a designated agent or representative for service, or to 
any officer, director, or agent in charge of any office of the person, 
or by mailing them by registered or certified mail to that agent or 
representative and the fees are made available prior to the return date.
    (f) The original subpoena bearing a certificate of service shall be 
filed with the official having responsibility for the proceeding in 
connection with which the subpoena was issued.
    (g) A subpoenaed witness shall be paid the same fees and mileage as 
would be paid to a witness in a proceeding in the district courts of the 
United States. The witness fees and mileage shall be paid by the person 
at whose instance the subpoena was issued.
    (h) Notwithstanding the provisions of paragraph (g) of this section, 
and upon request, the witness fees and mileage may be paid by the RSPA 
if the official who issued the subpoena determines on the basis of good 
cause shown, that:

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    (1) The presence of the subpoenaed witness will materially advance 
the proceeding; and
    (2) The person at whose instance the subpoena was issued would 
suffer a serious hardship if required to pay the witness fees and 
mileage.
    (i) Any person to whom a subpoena is directed may, prior to the time 
specified therein for compliance, but in no event more than 10 days 
after the date of service of such subpoena, apply to the official who 
issued the subpoena, or if the person is unavailable, to the 
Administrator, RSPA to quash or modify the subpoena. The application 
shall contain a brief statement of the reasons relied upon in support of 
the action sought therein. The Administrator, RSPA, or this issuing 
official, as the case may be, may:
    (1) Deny the application;
    (2) Quash or modify the subpoena; or
    (3) Condition a grant or denial of the application to quash or 
modify the subpoena upon the satisfaction of certain just and reasonable 
requirements. The denial may be summary.
    (j) Upon refusal to obey a subpoena served upon any person under the 
provisions of this section, the RSPA may request the Attorney General to 
seek the aid of the U. S. District Court for any District in which the 
person is found to compel that person, after notice, to appear and give 
testimony, or to appear and produce the subpoenaed documents before the 
RSPA, or both.

[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18513, 
Apr. 26, 1996; Amdt. 190-7, 63 FR 7722, Feb. 17, 1998]