49 C.F.R. § 1016.109 Awards against other agencies.
Title 49 - Transportation
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.
Title 49: Transportation
PART 1016—SPECIAL PROCEDURES GOVERNING THE RECOVERY OF EXPENSES BY PARTIES TO BOARD ADJUDICATORY PROCEEDINGS
Subpart A—General Provisions
§ 1016.109 Awards against other agencies.