14 CFR 302.26 - Depositions.

§ 302.26 Depositions.
(a) For good cause shown, the DOT decisionmaker or administrative law judge assigned to a proceeding may order that the testimony of a witness be taken by deposition and that the witness produce documentary evidence in connection with such testimony. Ordinarily an order to take the deposition of a witness will be entered only if:
(1) The person whose deposition is to be taken would be unavailable at the hearing,
(2) The deposition is deemed necessary to perpetuate the testimony of the witness, or
(3) The taking of the deposition is necessary to prevent undue and excessive expense to a party and will not result in an undue burden to other parties or in undue delay.
(b) Any party desiring to take the deposition of a witness shall make application therefor in duplicate to the administrative law judge or, in the event that an administrative law judge has not been assigned to a proceeding or is not available, to the DOT decisionmaker or Chief Administrative Law Judge, setting forth the reasons why such deposition should be taken, the name and residence of the witness, the time and place proposed for the taking of the deposition, and a general description of the matters concerning which the witness will be asked to testify. If good cause be shown, the administrative law judge, the DOT decisionmaker, or the Chief Administrative Law Judge, as the case may be, may, in his or her discretion, issue an order authorizing such deposition and specifying the witness whose deposition is to be taken, the general scope of the testimony to be taken, the time when, the place where, the designated officer (authorized to take oaths) before whom the witness is to testify, and the number of copies of the deposition to be supplied. Such order shall be served upon all parties by the person proposing to take the deposition a reasonable period in advance of the time fixed for taking testimony.
(c) Witnesses whose testimony is taken by deposition shall be sworn or shall affirm before any questions are put to them. Each question shall be recorded and the answers shall be taken down in the words of the witness.
(d) Objections to questions or evidence shall be in short form, stating the grounds of objection relied upon, but no transcript filed by the designated officer shall include argument or debate. Objections to questions or evidence shall be noted by the designated officer upon the deposition, but he or she shall not have power to decide on the competency or materiality or relevance of evidence, and he or she shall record the evidence subject to objection. Objections to questions or evidence not made before the designated officer shall not be deemed waived unless the ground of the objection is one that might have been obviated or removed if presented at that time.
(e) The testimony shall be reduced to writing by the designated officer, or under his or her direction, after which the deposition shall be signed by the witness unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign, and certified in usual form by the designated officer. If the deposition is not signed by the witness, the designated officer shall state on the record this fact and the reason therefor. The original deposition and exhibits shall be forwarded to Department of Transportation Dockets and shall be filed in the proceedings.
(f) Depositions may also be taken and submitted on written interrogatories in substantially the same manner as depositions taken by oral examination. Ordinarily such procedure will be authorized only if necessary to achieve the purposes of an oral deposition and to serve the balance of convenience of the parties. The interrogatories shall be filed in quadruplicate with two copies of the application and a copy of each shall be served on each party. Within seven (7) days after service any party may file with the person to whom application was made two copies of his or her objections, if any, to such interrogatories and may file such cross-interrogatories as he or she desires to submit. Cross-interrogatories shall be filed in quadruplicate, and a copy thereof together with a copy of any objections to interrogatories, shall be served on each party, who shall have five (5) days thereafter to file and serve his or her objections, if any, to such cross-interrogatories. Objections to interrogatories or cross-interrogatories, shall be served on the DOT decisionmaker or the administrative law judge considering the application. Objections to interrogatories shall be made before the order for taking the deposition issues and if not so made shall be deemed waived. When a deposition is taken upon written interrogatories, and cross-interrogatories, no party shall be present or represented, and no person other than the witness, a reporter, and the designated officer shall be present at the examination of the witness, which fact shall be certified by the designated officer, who shall ask the interrogatories and cross-interrogatories to the witness in their order and reduce the testimony to writing in the witness's own words. The provisions of paragraph (e) of this section shall be applicable to depositions taken in accordance with this paragraph.
(g) All depositions shall conform to the specifications of § 302.3 except that the filing of three copies thereof shall be sufficient. Any fees of a witness, the reporter, or the officer designated to take the deposition shall be paid by the person at whose instance the deposition is taken.
(h) The fact that a deposition is taken and filed in a proceeding as provided in this section does not constitute a determination that it is admissible in evidence or that it may be used in the proceeding. Only such part or the whole of a deposition as is received in evidence shall constitute a part of the record in such proceeding upon which a decision may be based.

Title 14 published on 2014-01-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 39 - POSTAL SERVICE
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE
U.S. Code: Title 49 - TRANSPORTATION

§ 101 - Purpose

§ 102 - Department of Transportation

§ 103 - Federal Railroad Administration

§ 104 - Federal Highway Administration

§ 105 - National Highway Traffic Safety Administration

§ 106 - Federal Aviation Administration

§ 107 - Federal Transit Administration

§ 108 - Pipeline and Hazardous Materials Safety Administration

§ 109 - Maritime Administration

§ 110 - Saint Lawrence Seaway Development Corporation

§ 111 - Repealed.

§ 112 - Office of the Assistant Secretary for Research and Technology of the Department of Transportation

§ 113 - Federal Motor Carrier Safety Administration

§ 114 - Transportation Security Administration

§ 115 - Transportation Security Oversight Board

§ 40101 - Policy

§ 40102 - Definitions

§ 40103 - Sovereignty and use of airspace

§ 40104 - Promotion of civil aeronautics and safety of air commerce

§ 40105 - International negotiations, agreements, and obligations

§ 40106 - Emergency powers

§ 40107 - Presidential transfers

§ 40108 - Training schools

§ 40109 - Authority to exempt

§ 40110 - General procurement authority

§ 40111 - Multiyear procurement contracts for services and related items

§ 40112 - Multiyear procurement contracts for property

§ 40113 - Administrative

§ 40114 - Reports and records

§ 40115 - Withholding information

§ 40116 - State taxation

§ 40117 - Passenger facility charges

§ 40118 - Government-financed air transportation

§ 40119 - Security and research and development activities

§ 40120 - Relationship to other laws

§ 40121 - Air traffic control modernization reviews

§ 40122 - Federal Aviation Administration personnel management system

§ 40123 - Protection of voluntarily submitted information

§ 40124 - Interstate agreements for airport facilities

§ 40125 - Qualifications for public aircraft status

§ 40126 - Severable services contracts for periods crossing fiscal years

§ 40127 - Prohibitions on discrimination

§ 40128 - Overflights of national parks

§ 40129 - Collaborative decisionmaking pilot program

§ 41101 - Requirement for a certificate

§ 41102 - General, temporary, and charter air transportation certificates of air carriers

§ 41103 - All-cargo air transportation certificates of air carriers

§ 41104 - Additional limitations and requirements of charter air carriers

§ 41105 - Transfers of certificates

§ 41106 - Airlift service

§ 41107 - Transportation of mail

§ 41108 - Applications for certificates

§ 41109 - Terms of certificates

§ 41110 - Effective periods and amendments, modifications, suspensions, and revocations of certificates

§ 41111 - Simplified procedure to apply for, amend, modify, suspend, and transfer certificates

§ 41112 - Liability insurance and financial responsibility

§ 41113 - Plans to address needs of families of passengers involved in aircraft accidents

§ 41301 - Requirement for a permit

§ 41302 - Permits of foreign air carriers

§ 41303 - Transfers of permits

§ 41304 - Effective periods and amendments, modifications, suspensions, and revocations of permits

§ 41305 - Applications for permits

§ 41306 - Simplified procedure to apply for, amend, modify, and suspend permits

§ 41307 - Presidential review of actions about foreign air transportation

§ 41308 - Exemption from the antitrust laws

§ 41309 - Cooperative agreements and requests

§ 41310 - Discriminatory practices

§ 41311 - Gambling restrictions

§ 41312 - Ending or suspending foreign air transportation

§ 41313 - Plans to address needs of families of passengers involved in foreign air carrier accidents

§ 41501 - Establishing reasonable prices, classifications, rules, practices, and divisions of joint prices for foreign air transportation

§ 41502 - Establishing joint prices for through routes with other carriers

§ 41503 - Establishing joint prices for through routes provided by State authorized carriers

§ 41504 - Tariffs for foreign air transportation

§ 41505 - Uniform methods for establishing joint prices, and divisions of joint prices, applicable to commuter air carriers

§ 41506 - Price division filing requirements for foreign air transportation

§ 41507 - Authority of the Secretary of Transportation to change prices, classifications, rules, and practices for foreign air transportation

§ 41508 - Authority of the Secretary of Transportation to adjust divisions of joint prices for foreign air transportation

§ 41509 - Authority of the Secretary of Transportation to suspend, cancel, and reject tariffs for foreign air transportation

§ 41510 - Required adherence to foreign air transportation tariffs

§ 41511 - Special prices for foreign air transportation

§ 41701 - Classification of air carriers

§ 41702 - Interstate air transportation

§ 41703 - Navigation of foreign civil aircraft

§ 41704 - Transporting property not to be transported in aircraft cabins

§ 41705 - Discrimination against handicapped individuals

§ 41706 - Prohibitions against smoking on passenger flights

§ 41707 - Incorporating contract terms into written instrument

§ 41708 - Reports

§ 41709 - Records of air carriers

§ 41710 - Time requirements

§ 41711 - Air carrier management inquiry and cooperation with other authorities

§ 41712 - Unfair and deceptive practices and unfair methods of competition

§ 41713 - Preemption of authority over prices, routes, and service

§ 41714 - Availability of slots

§ 41715 - Phase-out of slot rules at certain airports

§ 41716 - Interim slot rules at New York airports

§ 41717 - Interim application of slot rules at Chicago O’Hare International Airport

§ 41718 - Special rules for Ronald Reagan Washington National Airport

§ 41719 - Air service termination notice

§ 41720 - Joint venture agreements

§ 41721 - Reports by carriers on incidents involving animals during air transport

§ 41722 - Delay reduction actions

§ 41723 - Notice concerning aircraft assembly

§ 41901 - General authority

§ 41902 - Schedules for certain transportation of mail

§ 41903 - Duty to provide certain transportation of mail

§ 41904 - Noncitizens transporting mail

§ 41905 - Emergency mail transportation

§ 41906 - Duty to oppose unreasonable prices under the Universal Postal Union Convention

§ 41907 - Weighing mail

§ 41908 - Effect on foreign postal arrangements

§ 41909

§ 41910

§ 41911 - Repealed.

§ 41912

§ 46101 - Complaints and investigations

§ 46102 - Proceedings

§ 46103 - Service of notice, process, and actions

§ 46104 - Evidence

§ 46105 - Regulations and orders

§ 46106 - Enforcement by the Department of Transportation

§ 46107 - Enforcement by the Attorney General

§ 46108 - Enforcement of certificate requirements by interested persons

§ 46109 - Joinder and intervention

§ 46110 - Judicial review

§ 46111 - Certificate actions in response to a security threat

§ 46301 - Civil penalties

§ 46302 - False information

§ 46303 - Carrying a weapon

§ 46304 - Liens on aircraft

§ 46305 - Actions to recover civil penalties

§ 46306 - Registration violations involving aircraft not providing air transportation

§ 46307 - Violation of national defense airspace

§ 46308 - Interference with air navigation

§ 46309 - Concession and price violations

§ 46310 - Reporting and recordkeeping violations

§ 46311 - Unlawful disclosure of information

§ 46312 - Transporting hazardous material

§ 46313 - Refusing to appear or produce records

§ 46314 - Entering aircraft or airport area in violation of security requirements

§ 46315 - Lighting violations involving transporting controlled substances by aircraft not providing air transportation

§ 46316 - General criminal penalty when specific penalty not provided

§ 46317 - Criminal penalty for pilots operating in air transportation without an airman’s certificate

§ 46318 - Interference with cabin or flight crew

§ 46319 - Permanent closure of an airport without providing sufficient notice

§ 47101 - Policies

§ 47102 - Definitions

§ 47103 - National plan of integrated airport systems

§ 47104 - Project grant authority

§ 47105 - Project grant applications

§ 47106 - Project grant application approval conditioned on satisfaction of project requirements

§ 47107 - Project grant application approval conditioned on assurances about airport operations

§ 47108 - Project grant agreements

§ 47109 - United States Government’s share of project costs

§ 47110 - Allowable project costs

§ 47111 - Payments under project grant agreements

§ 47112 - Carrying out airport development projects

§ 47113 - Minority and disadvantaged business participation

§ 47114 - Apportionments

§ 47115 - Discretionary fund

§ 47116 - Small airport fund

§ 47117 - Use of apportioned amounts

§ 47118 - Designating current and former military airports

§ 47119 - Terminal development costs

§ 47120 - Grant priority

§ 47121 - Records and audits

§ 47122 - Administrative

§ 47123 - Nondiscrimination

§ 47124 - Agreements for State and local operation of airport facilities

§ 47125 - Conveyances of United States Government land

§ 47126 - Criminal penalties for false statements

§ 47127 - Ground transportation demonstration projects

§ 47128 - State block grant program

§ 47129 - Resolution of disputes concerning airport fees

§ 47130 - Airport safety data collection

§ 47131 - Annual report

§ 47132 - Repealed.

§ 47133 - Restriction on use of revenues

§ 47134 - Pilot program on private ownership of airports

§ 47135 - Innovative financing techniques

§ 47136 - Inherently low-emission airport vehicle pilot program

§ 47137 - Airport security program

§ 47138 - Pilot program for purchase of airport development rights

§ 47139 - Emission credits for air quality projects

§ 47140 - Airport ground support equipment emissions retrofit pilot program

§ 47141 - Compatible land use planning and projects by State and local governments

§ 47142 - Design-build contracting