
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC11701]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
                              PART A--RAIL
 
     CHAPTER 117--ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES
 
Sec. 11701. General authority

    (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 rail carrier is violating this part, the Board shall take 
appropriate action to compel compliance with this part.
    (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.

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 
845.)


                            Prior Provisions

    A prior section 11701, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1449; 
Pub. L. 96-296, Sec. 26(a), July 1, 1980, 94 Stat. 818; Pub. L. 98-554, 
title II, Sec. 226(c)(4), Oct. 30, 1984, 98 Stat. 2851; Pub. L. 99-521, 
Sec. 12(a), Oct. 22, 1986, 100 Stat. 2998; Pub. L. 100-690, title IX, 
Sec. 9111(i), Nov. 18, 1988, 102 Stat. 4534; Pub. L. 103-272, 
Sec. 5(m)(34), July 5, 1994, 108 Stat. 1378, related to general 
authority of Interstate Commerce Commission to enforce this subtitle, 
prior to the general amendment of this subtitle by Pub. L. 104-88, 
Sec. 102(a). See sections 11701, 14701, and 15901 of this title.


                             Effective Date

    Chapter 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 701 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 10704, 11103, 11704 of this 
title.
