
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: 49USC506]

 
                        TITLE 49--TRANSPORTATION
 
                SUBTITLE I--DEPARTMENT OF TRANSPORTATION
 
                      CHAPTER 5--SPECIAL AUTHORITY
 
                          SUBCHAPTER I--POWERS
 
Sec. 506. Authority to investigate

    (a) The Secretary of Transportation may begin an investigation under 
this chapter on the initiative of the Secretary or on complaint. If the 
Secretary finds that a rail carrier, motor carrier, motor carrier of 
migrant workers, or motor private carrier is violating this chapter, the 
Secretary shall take appropriate action to compel compliance with this 
chapter. The Secretary may take action only after giving the carrier 
notice of the investigation and an opportunity for a proceeding.
    (b) A person, including a governmental authority, may file with the 
Secretary a complaint about a violation of this chapter by a carrier 
referred to in subsection (a) of this section. The complaint must state 
the facts that are the subject of the violation. The Secretary may 
dismiss a complaint the Secretary determines does not state reasonable 
grounds for investigation and action. However, the Secretary may not 
dismiss a complaint made against a rail carrier because of the absence 
of direct damage to the complainant.
    (c) The Secretary shall make a written report of each proceeding 
involving a rail carrier or motor carrier conducted and furnish a copy 
to each party to that proceeding. The report shall include the findings, 
conclusions, and the order of the Secretary. The Secretary may have the 
reports published for public use. A published report of the Secretary is 
competent evidence of its contents.

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2434.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
506...................................  49:1655(f)(2).                   Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(f)(
2), 80 Stat. 940.
506(a), (b)...........................  49:304(a)(3) (last sentence)     Feb. 4
, 1887, ch. 104, 24 Stat. 379,
                                         (related to ``Sec. 304(c)'').    Sec. 
 204(a)(3) (last sentence)
                                                                          (rela
ted to ``Sec. 204(c)''); added
                                                                          Aug. 
9, 1935, ch. 498, 49 Stat. 546;
                                                                          Sept.
 18, 1940, ch. 722, Sec.
                                                                          20(b)
(4), 54 Stat. 922.
                                        49:304(a)(3a) (last sentence)    Feb. 4
, 1887, ch. 104, 24 Stat. 379,
                                         (related to ``Sec. 304(c)'').    Sec. 
 204(a)(3a) (last sentence)
                                                                          (rela
ted to ``Sec. 204(c)''); added
                                                                          Aug. 
3, 1956, ch. 905, Sec.  2, 70
                                                                          Stat.
 958.
-------------------------------------------------------------------------------
---------------------------------

    The section is included because 49:1655(f)(2) gave the same 
administrative powers exercised by the Interstate Commerce Commission 
under certain sections of title 49 to the Secretary of Transportation to 
carry out duties transferred to the Secretary by 49:1655(e). See the 
revision notes for section 501 of the revised title for an explanation 
of the transfer under 49:1655(f)(2). The powers of the Commission have 
been codified in subtitle IV of the revised title. The comparable 
provisions of title 49 that are represented by the section may be found 
as follows:

-------------------------------------------------------------------------------
---------------------------------
                                                                               
                        Revised
                Section 506                                       49 U.S. Code 
                        Section
-------------------------------------------------------------------------------
---------------------------------
(a)........................................  13(1) (1st sentence less words bef
ore semicolon, last         11701
                                              sentence), (2) (1st, 2d sentences
).
                                             304(c) (1st sentence words after 5
th comma, 2d                11701
                                              sentence).
(b)........................................  13(1) (1st sentence words before s
emicolon).                  11701
                                             13(2) (less 1st, 2d sentences).   
                            11701
                                             304(c) (less 1st sentence words af
ter 5th comma, 2d           11701
                                              sentence).
(c)........................................  14.                               
                            10310
                                             304(d) (related to reports).      
                            10310
-------------------------------------------------------------------------------
---------------------------------

    See the revision notes for the revised sections for an explanation 
of changes made in the text. Changes not accounted for in those revision 
notes are as follows:
    In subsections (a) and (b), the text of 49:304(a)(3) (last sentence 
1st-7th words) and (3a) (last sentence 1st-5th words) is omitted as 
executed.
    Subsection (a) is patterned after 49:304(c). The words ``violating 
this chapter'' are substituted for ``failed to comply with any such 
provision or requirement'' for clarity.
    In subsection (b), the text of 49:13(2) (last sentence) is omitted 
because 49:13(3) is not included in the specific enumeration of 
49:1655(f)(2)(B)(ii). The words ``referred to in subsection (a) of this 
section'' are added for clarity.
    Subsection (c) does not apply to motor carriers of migrant workers 
and motor private carriers because 49:304(d) applies only to motor 
carriers and 49:304(a)(3) and (3a) do not apply 49:304(d) to motor 
carriers of migrant workers and motor private carriers. The word 
``proceeding'' is substituted for ``investigation'' for clarity and to 
conform to other sections of the revised title. The word ``findings'' is 
added for clarity. The word ``decision'' is omitted as covered by 
``conclusions''. The words ``or requirement'' are omitted as covered by 
``order''. The words ``in the premises'' are omitted as surplus. The 
words ``and in case damages are awarded, such report shall include the 
findings of fact on which the award is made'' are omitted as not 
applicable to this chapter. The words ``entered of record'', ``and 
decisions in such form and manner as may be best adapted for public 
information and use'', and ``in all courts of the United States and of 
the several States without any further proof or authentication thereof'' 
are omitted as surplus. The text of 49:14(3) (last sentence) is omitted 
as unnecessary.
