
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC721]

 
                        TITLE 49--TRANSPORTATION
 
                SUBTITLE I--DEPARTMENT OF TRANSPORTATION
 
                 CHAPTER 7--SURFACE TRANSPORTATION BOARD
 
                      SUBCHAPTER II--ADMINISTRATIVE
 
Sec. 721. Powers

    (a) In General.--The Board shall carry out this chapter and subtitle 
IV. Enumeration of a power of the Board in this chapter or subtitle IV 
does not exclude another power the Board may have in carrying out this 
chapter or subtitle IV. The Board may prescribe regulations in carrying 
out this chapter and subtitle IV.
    (b) Inquiries, Reports, and Orders.--The Board may--
        (1) inquire into and report on the management of the business of 
    carriers providing transportation and services subject to subtitle 
    IV;
        (2) inquire into and report on the management of the business of 
    a person controlling, controlled by, or under common control with 
    those carriers to the extent that the business of that person is 
    related to the management of the business of that carrier;
        (3) obtain from those carriers and persons information the Board 
    decides is necessary to carry out subtitle IV; and
        (4) when necessary to prevent irreparable harm, issue an 
    appropriate order without regard to subchapter II of chapter 5 of 
    title 5.

    (c) Subpoena Witnesses.--(1) The Board may subpoena witnesses and 
records related to a proceeding of the Board from any place in the 
United States, to the designated place of the proceeding. If a witness 
disobeys a subpoena, the Board, or a party to a proceeding before the 
Board, may petition a court of the United States to enforce that 
subpoena.
    (2) The district courts of the United States have jurisdiction to 
enforce a subpoena issued under this section. Trial is in the district 
in which the proceeding is conducted. The court may punish a refusal to 
obey a subpoena as a contempt of court.
    (d) Depositions.--(1) In a proceeding, the Board may take the 
testimony of a witness by deposition and may order the witness to 
produce records. A party to a proceeding pending before the Board may 
take the testimony of a witness by deposition and may require the 
witness to produce records at any time after a proceeding is at issue on 
petition and answer.
    (2) If a witness fails to be deposed or to produce records under 
paragraph (1), the Board may subpoena the witness to take a deposition, 
produce the records, or both.
    (3) A deposition may be taken before a judge of a court of the 
United States, a United States magistrate judge, a clerk of a district 
court, or a chancellor, justice, or judge of a supreme or superior 
court, mayor or chief magistrate of a city, judge of a county court, or 
court of common pleas of any State, or a notary public who is not 
counsel or attorney of a party or interested in the proceeding.
    (4) Before taking a deposition, reasonable notice must be given in 
writing by the party or the attorney of that party proposing to take a 
deposition to the opposing party or the attorney of record of that 
party, whoever is nearest. The notice shall state the name of the 
witness and the time and place of taking the deposition.
    (5) The testimony of a person deposed under this subsection shall be 
taken under oath. The person taking the deposition shall prepare, or 
cause to be prepared, a transcript of the testimony taken. The 
transcript shall be subscribed by the deponent.
    (6) The testimony of a witness who is in a foreign country may be 
taken by deposition before an officer or person designated by the Board 
or agreed on by the parties by written stipulation filed with the Board. 
A deposition shall be filed with the Board promptly.
    (e) Witness Fees.--Each witness summoned before the Board or whose 
deposition is taken under this section and the individual taking the 
deposition are entitled to the same fees and mileage paid for those 
services in the courts of the United States.

(Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109 Stat. 
935.)
