[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR105.45]

[Page 12]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 
                      DEPARTMENT OF TRANSPORTATION
 
PART 105_HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL 
 
                      Subpart B_General Procedures
 
Sec.  105.45  Issuing a subpoena.

    (a) Subpoenas explained. A subpoena is a document that may require 
you to attend a proceeding, produce documents or other physical evidence 
in your possession or control, or both. PHMSA may issue a subpoena 
either on its initiative or at the request of someone participating in a 
proceeding. Anyone who requests that PHMSA issue a subpoena must show 
that the subpoena seeks information that will materially advance the 
proceeding.
    (b) Attendance and mileage expenses. (1) If you receive a subpoena 
to attend a proceeding under this part, you may receive money to cover 
attendance and mileage expenses. The attendance and mileage fees will be 
the same as those paid to a witness in a proceeding in the district 
courts of the United States.
    (2) If PHMSA issues a subpoena to you based upon a request, the 
requester must serve a copy of the original subpoena on you, as required 
in Sec.  105.50. The requester must also include attendance and mileage 
fees with the subpoena unless the requester asks PHMSA to pay the 
attendance and mileage fees because of demonstrated financial hardship 
and PHMSA agrees to do so.
    (3) If PHMSA issues a subpoena at the request of an officer or 
agency of the Federal government, the officer or agency is not required 
to include attendance and mileage fees when serving the subpoena. The 
officer or agency must pay the fees before you leave the hearing at 
which you testify.