§15901 — Title 49 Transportation | U.S. Code

Summary

The Board can only open an investigation when someone files a complaint, unless another rule in this part allows it. If the Board finds a pipeline carrier broke the rules, it must act to make the carrier comply. The Board must tell the carrier about the investigation and give them a chance to respond. Anyone, including a government agency, may file a complaint and must give the facts. The Board can dismiss complaints that do not show reasonable grounds, but it cannot toss a complaint about a carrier’s transportation just because the complainant had no direct harm. A formal investigation the Board starts must be officially finished by the Board by the end of the third year after it began, or it is automatically dismissed.

Title 49, §15901

Transportation — Source: USLM XML via OLRC

(a)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11701 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

§15901 General authority