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49 U.S.C. § 11701 — General authority
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided in this part, the Board may begin an investigation under this part on the Board’s own initiative or upon receiving a complaint pursuant to subsection (b). If the Board finds that a rail carrier is violating this part, the Board shall take appropriate action to compel compliance with this part. If the Board finds a violation of this part in a proceeding brought on its own initiative, any remedy from such proceeding may only be applied prospectively.
**(b)** A person, including a governmental authority, may file with the Board a complaint about a violation of this part by a rail carrier providing transportation or service subject to the jurisdiction of the Board under this part. The complaint must state the facts that are the subject of the violation. The Board may dismiss a complaint it determines does not state reasonable grounds for investigation and action. However, the Board may not dismiss a complaint made against a rail carrier providing transportation subject to the jurisdiction of the Board under this part because of the absence of direct damage to the complainant.
**(c)** A formal investigative proceeding begun by the Board under subsection (a) of this section is dismissed automatically unless it is concluded by the Board with administrative finality by the end of the third year after the date on which it was begun.
**(d)** In any investigation commenced on the Board’s own initiative, the Board shall—
(1) not later than 30 days after initiating the investigation, provide written notice to the parties under investigation, which shall state the basis for such investigation;
(2) only investigate issues that are of national or regional significance;
(3) permit the parties under investigation to file a written statement desc
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Source file: Laws/federal/codes/united-states-code/title-49/section-11701-general-authority--f1698cd507.md
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Source location: Title 49, Chapter 117, § 11701; chapter-117-enforcement-investigations-rights-and-remedies.md
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**(a)** Except as otherwise provided in this part, the Board may begin an investigation under this part on the Board’s own initiative or upon receiving a complaint pursuant to subsection (b). If the Board finds that a rail carrier is violating this part, the Board shall take appropriate action to compel compliance with this part. If the Board finds a violation of this part in a proceeding brought on its own initiative, any remedy from such proceeding may only be applied prospectively.
**(b)** A person, including a governmental authority, may file with the Board a complaint about a violation of this part by a rail carrier providing transportation or service subject to the jurisdiction of the Board under this part. The complaint must state the facts that are the subject of the violation. The Board may dismiss a complaint it determines does not state reasonable grounds for investigation and action. However, the Board may not dismiss a complaint made against a rail carrier providing transportation subject to the jurisdiction of the Board under this part because of the absence of direct damage to the complainant.
**(c)** A formal investigative proceeding begun by the Board under subsection (a) of this section is dismissed automatically unless it is concluded by the Board with administrative finality by the end of the third year after the date on which it was begun.
**(d)** In any investigation commenced on the Board’s own initiative, the Board shall—
(1) not later than 30 days after initiating the investigation, provide written notice to the parties under investigation, which shall state the basis for such investigation;
(2) only investigate issues that are of national or regional significance;
(3) permit the parties under investigation to file a written statement describing any or all facts and circumstances concerning a matter which may be the subject of such investigation;
(4) make available to the parties under investigation and Board members—
(A) any recommendations made as a result of the investigation; and
(B) a summary of the findings that support such recommendations;
(5) to the extent practicable, separate the investigative and decisionmaking functions of staff;
(6) dismiss any investigation that is not concluded by the Board with administrative finality within 1 year after the date on which it was commenced; and
(7) not later than 90 days after receiving the recommendations and summary of findings under paragraph (4)—
(A) dismiss the investigation if no further action is warranted; or
(B) initiate a proceeding to determine if a provision under this part has been violated.
**(e)**
(1) Any parties to an investigation against whom a violation is found as a result of an investigation begun on the Board’s own initiative may, not later than 60 days after the date of the order of the Board finding such a violation, institute an action in the United States court of appeals for the appropriate judicial circuit for de novo review of such order in accordance with chapter 7 of title 5.
(2) The court—
(A) shall have jurisdiction to enter a judgment affirming, modifying, or setting aside, in whole or in part, the order of the Board; and
(B) may remand the proceeding to the Board for such further action as the court may direct.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government.
**(b) Membership.—**
(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) When the Board, after a full hearing, decides that a rate charged or collected by a rail carrier for transportation subject to the jurisdiction of the Board under this part, or that a classification, rule, or practice of that carrier, does or will violate this part, the Board may prescribe the maximum rate, classification, rule, or practice to be followed. The Board may order the carrier to stop the violation. When a rate, classification, rule, or practice is prescribed under this subsection, the affected carrier may not publish, charge, or collect a different rate and shall adopt the classification and observe the rule or practice prescribed by the Board.
(2) The Board shall maintain and revise as necessary standards and procedures for establishing revenue levels for rail carriers providing transportation subject to its jurisdiction under this part that are adequate, under honest, economical, and efficient management, for the infrastructure and investment needed to meet the present and future demand for rail services and to cover total operating expenses, including depreciation and obsolescence, plus a reasonable and economic profit or return (or both) on capital employed in the business. The Board shall make an adequate and continuing effort to assist those carriers in attaining revenue levels prescribed under this paragraph. Revenue levels established under this paragraph should—
(A) provide a flow of net income plus depreciation adequate to support prudent capital outlays, assure the repayment of a reasonable level of debt, permit the raising of needed equity capital, and cover the effects of inflation; and
(B) attract and retain capital in amounts adequate to provide a sound transportation system in the United States.
(3) On the basis of the st
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10704
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** On application of the owner of a lateral branch line of railroad, or of a shipper tendering interstate traffic for transportation, a rail carrier providing transportation subject to the jurisdiction of the Board under this part shall construct, maintain, and operate, on reasonable conditions, a switch connection to connect that branch line or private side track with its railroad and shall furnish cars to move that traffic to the best of its ability without discrimination in favor of or against the shipper when the connection—
(1) is reasonably practicable;
(2) can be made safely; and
(3) will furnish sufficient business to justify its construction and maintenance.
**(b)** If a rail carrier fails to install and operate a switch connection after application is made under subsection (a) of this section, the owner of the lateral branch line of railroad or the shipper may file a complaint with the Board under [section 11701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section11701&num=0&edition=prelim). The Board shall investigate the complaint and decide the safety, practicability, justification, and compensation to be paid for the connection. The Board may direct the rail carrier to comply with subsection (a) of this section only after a full hearing.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 11103
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Investigations.—** The Secretary or the Board, as applicable, may begin an investigation under this part on the Secretary’s or the Board’s own initiative or on complaint. If the Secretary or Board, as applicable, finds that a carrier or broker is violating this part, the Secretary or Board, as applicable, shall take appropriate action to compel compliance with this part. If the Secretary finds that a foreign motor carrier or foreign motor private carrier is violating chapter 139, the Secretary shall take appropriate action to compel compliance with that chapter. The Secretary or Board, as applicable, may take action under this subsection only after giving the carrier or broker notice of the investigation and an opportunity for a proceeding.
**(b) Complaints.—** A person, including a governmental authority, may file with the Secretary or Board, as applicable, a complaint about a violation of this part by a carrier providing, or broker for, transportation or service subject to jurisdiction under this part or a foreign motor carrier or foreign motor private carrier providing transportation registered under [section 13902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section13902&num=0&edition=prelim). The complaint must state the facts that are the subject of the violation. The Secretary or Board, as applicable, may dismiss a complaint that it determines does not state reasonable grounds for investigation and action.
**(c) Deadline.—** A formal investigative proceeding begun by the Secretary or Board under subsection (a) of this section is dismissed automatically unless it is concluded with administrative finality by the end of the 3d year after the date on which it was begun.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 14701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Investigation; Compliance Order.—** Except as otherwise provided in this part, the Board may begin an investigation under this part only on complaint. If the Board finds that a pipeline carrier is violating this part, the Board shall take appropriate action to compel compliance with this part. The Board shall provide the carrier notice of the investigation and an opportunity for a proceeding.
**(b) Complaint.—** A person, including a governmental authority, may file with the Board a complaint about a violation of this part by a pipeline carrier providing transportation or service subject to this part. The complaint must state the facts that are the subject of the violation. The Board may dismiss a complaint it determines does not state reasonable grounds for investigation and action. However, the Board may not dismiss a complaint made against a pipeline carrier providing transportation subject to this part because of the absence of direct damage to the complainant.
**(c) Automatic Dismissal.—** A formal investigative proceeding begun by the Board under subsection (a) is dismissed automatically unless it is concluded by the Board with administrative finality by the end of the 3d year after the date on which it was begun.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 15901
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Federal law — U.S. Code and appendices · legal_authorities
Page 456
TITLE 49—TRANSPORTATION
§ 11701
1 So in original. Does not conform to section catchline.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Jan. 1, 1996, except as otherwise pro-
vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88,
set out as a note under section 1301 of this title.
CHAPTER 117—ENFORCEMENT:
INVESTIGATIONS, RIGHTS, AND REMEDIES
Sec.
11701.
General authority.
11702.
Enforcement by the Board.
11703.
Enforcement by the Attorney General.
11704.
Rights and remedies of persons injured by rail
carriers.
11705.
Limitation on actions by and against rail car-
riers.
11706.
Liability of rail carriers under receipts and
bills of lading.
11707.
Liability when property is delivered in viola-
tion of routing instructions.
11708.
Voluntary arbitration of certain rail rates
and practice disputes.1
Editorial Notes
AMENDMENTS
2015—Pub. L. 114–110, § 13(b), Dec. 18, 2015, 129 Stat.
2237, added item 11708.
§ 11701. General authority
(a) Except as otherwise provided in this part,
the Board may begin an investigation under this
part on the Board’s own initiative or upon re-
ceiving a complaint pursuant to subsection (b).
If the Board finds that a rail carrier is violating
this part, the Board shall take appropriate ac-
tion to compel compliance with this part. If the
Board finds a violation of this part in a pro-
ceeding brought on its own initiative, any rem-
edy from such proceeding may only be applied
prospectively.
(b) A person, including a governmental au-
thority, may file with the Board a complaint
about a violation of this part by a rail carrier
providing transportation or service subject to
the jurisdiction of the Board under this part.
The complaint must state the facts that are the
subjec
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 11701
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.