Code of Federal Regulations Title 49. Transportation § 49.1122.3 Preliminary Fact–Finding

The Board staff may, in its discretion, conduct nonpublic Preliminary Fact–Finding, subject to the provisions of § 1122.6, to determine if a matter presents an alleged violation that could be of national or regional significance and subject to the Board's jurisdiction under 49 U.S.C. Subtitle IV, Part A, and warrants a Board–Initiated Investigation. Board staff shall inform the subject of Preliminary Fact–Finding that Preliminary Fact–Finding has commenced. Where it appears from Preliminary Fact–Finding that a Board–Initiated Investigation is warranted, staff shall so recommend to the Board. Where it appears from the Preliminary Fact–Finding that a Board–Initiated Investigation is not warranted, staff shall conclude its Preliminary Fact–Finding and notify any parties involved that the process has been terminated.