[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR510.9]

[Page 33-34]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 510--INFORMATION GATHERING POWERS--Table of Contents
 
Sec. 510.9  Motions to modify, limit, or quash process.

    (a)(1) Any person, sole proprietorship, partnership, corporation, or 
other entity served with a subpoena issued under Sec. 510.4 may file 
with the Deputy Administrator a motion to modify, limit, or quash that 
subpoena. If there is no Deputy Administrator, or the Deputy 
Administrator is not available, such motions shall be filed with and 
decided by the Associate Administrator for Administration. A motion to 
modify, limit, or quash must be filed not later than 15 days after the 
service of the process or five days before the return date specified in 
the process, whichever is earlier, except that, if the process is served 
within five days of its return date, such motion may be filed at any 
time before the return date. Any motion must set forth the grounds and 
theories of why and how the party believes the process should be 
modified, limited, or quashed and must contain all facts and arguments 
which support those grounds and theories.
    (2) The Deputy Administrator may, upon receiving a motion filed 
pursuant to paragraph (a)(1) of this section:
    (i) Deny the motion;
    (ii) Modify the return date of the subpoena;
    (iii) Modify, limit or quash the subpoena;

[[Page 34]]

    (iv) Condition granting the motion upon certain requirements; or
    (v) Take any other action he or she believes to be appropriate in 
the circumstances.
    (3) The Office of the Deputy Administrator serves the decision on 
the motion on the moving party or the counsel or representative of the 
moving party. This service may be made by personal service, by 
registered or certified mail, or by reading a copy of the decision to 
the moving party or the counsel or representative of the moving party.
    (4) A denial of any motion properly filed under this section shall 
be in writing, and shall contain a brief statement of the facts involved 
and the conclusions drawn from those facts by the Deputy Administrator.
    (b) The Deputy Administrator's decision on the motion to modify, 
limit, or quash, filed under paragraph (a) of this section is not 
subject to reconsideration by NHTSA.