[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR148.281]

[Page 192-193]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 148--GENERAL--Table of Contents
 
                    Subpart C--Application Proceeding
 
Sec. 148.281  Subpoenas.

    (a) At any time before a formal hearing is completed, a party may 
submit a request to the administrative law judge for issuance of a 
subpoena. A request for issuance of a subpoena must show the general 
relevance and scope of the evidence sought.
    (b) A proposed subpoena and fifteen copies, and witness fees for one 
day and mileage, must be submitted with each request. A proposed 
subpoena must contain:
    (1) The docket number of the proceeding;
    (2) The captions ``Department of Transportation,'' ``Coast Guard,'' 
and ``Licensing of Deepwater Port for coastal waters off (insert name of 
the coastal state closest to the proposed deepwater port and the docket 
number of the proceeding)'';
    (3) The name and office of the administrative law judge;
    (4) A statement commanding the person to whom the subpoena is 
directed to attend the formal hearing and give testimony or, for a 
subpoena to produce documentary evidence, a statement commanding the 
person to produce designated documents, books,

[[Page 193]]

papers, or other tangible things at a designated time or place; and
    (5) Explanation of the procedure in Sec. 148.279 and paragraph (e) 
of this section for quashing a subpoena.
    (c) Unless otherwise authorized by the administrative law judge, a 
subpoena must be served in accordance with Rule 45 of the Federal Rules 
of Civil Procedure.
    (d) A subpoenaed witness is paid the same fees and mileage paid to 
witnesses subpoenaed in District Courts of the United States. The person 
requesting a subpoena must pay the fees and mileage.
    (e) Any motion to quash a subpoena must be submitted within seven 
days after service of the subpoena.
    (f) If a person does not comply with a subpoena and the 
administrative law judge on motion rules that good cause has been shown 
for seeking judicial enforcement of a subpoena, he refers his ruling to 
the Commandant.