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49 CFR § 1016.109 - Awards against other agencies.

---
identifier: "/us/cfr/t49/s1016.109"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 1016.109 - Awards against other agencies."
title_number: 49
title_name: "Transportation"
section_number: "1016.109"
section_name: "Awards against other agencies."
chapter_name: "SURFACE TRANSPORTATION BOARD"
subchapter_number: "A"
subchapter_name: "GENERAL RULES AND REGULATIONS"
part_number: "1016"
part_name: "SPECIAL PROCEDURES GOVERNING THE RECOVERY OF EXPENSES BY PARTIES TO BOARD ADJUDICATORY PROCEEDINGS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 504(c)(1), 49 U.S.C. 1321."
regulatory_source: "46 FR 61660, Dec. 18, 1981, unless otherwise noted."
cfr_part: "1016"
---

# 1016.109 Awards against other agencies.

If an applicant is entitled to an award because it prevails over another agency of the United States that participates in a proceeding before this agency and takes a position that is not substantially justified, the award or an appropriate portion of the award shall be made against that agency.