[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR105.55]



[Page 12]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 

                      DEPARTMENT OF TRANSPORTATION

 

PART 105_HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES

--Table of Contents

 

                      Subpart B_General Procedures

 

Sec. 105.55  Refusal to obey a subpoena.



    (a) Quashing or modifying a subpoena. If you receive a subpoena, you 

can ask PHMSA to overturn (``quash'') or modify the subpoena within 10 

days after the subpoena is served on you. Your request must briefly 

explain the reasons you are asking for the subpoena to be quashed or 

modified. PHMSA may then do the following:

    (1) Deny your request.

    (2) Quash or modify the subpoena.

    (3) Grant your request on the condition that you satisfy certain 

specified requirements.

    (b) Failure to obey. If you disobey a subpoena, PHMSA may ask the 

Attorney General to seek help from the United States District Court for 

the appropriate District to compel you, after notice, to appear before 

PHMSA and give testimony, produce subpoenaed documents or physical 

evidence, or both.