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49 U.S.C. § 15901 — General authority

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 15901 — General authority

**(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.

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Source location: Title 49, Chapter 159, § 15901; chapter-159-enforcement-investigations-rights-and-remedies.md

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 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 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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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1301 — Establishment of Board

**(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

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 15901 — General authority

Page 543 TITLE 49—TRANSPORTATION § 15904 of Pub. L. 104–287, § 5(45)(A), effective Oct. 11, 1996. See 1996 Amendment note below. 1997—Pub. L. 105–102, § 3(d)(1)(A), Nov. 20, 1997, 111 Stat. 2215, which directed technical correction of direc- tory language of Pub. L. 104–287, § 5(45)(A), by sub- stituting ‘‘ENFORCEMENT:’’ for ‘‘ENFORCEMENT,’’, could not be executed because ‘‘ENFORCEMENT,’’ does not appear in section 5(45)(A). Pub. L. 105–102, § 2(14), Nov. 20, 1997, 111 Stat. 2205, substituted ‘‘pipeline’’ for ‘‘certain’’ in item 15904. 1996—Pub. L. 104–287, § 5(45)(B), Oct. 11, 1996, 110 Stat. 3393, struck out item 15907 ‘‘Liability when property is delivered in violation of routing instructions’’. Pub. L. 104–287, § 5(45)(A), Oct. 11, 1996, 110 Stat. 3393, as amended by Pub. L. 105–225, struck out duplicative chapter heading. § 15901. General authority (a) INVESTIGATION; COMPLIANCE ORDER.—Ex- cept 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 pro- vide the carrier notice of the investigation and an opportunity for a proceeding. (b) COMPLAINT.—A person, including a govern- mental 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 viola- tion. The Board may dismiss a complaint it de- termines does not state reasonable grounds for investigation and action. However, the Board may not dismiss a complaint made against a pipeline carrier providing transportation

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