---
kind: "section"
citation: "49 C.F.R. § 1122.3"
title: "49"
number: "1122.3"
heading: "Preliminary Fact-Finding."
url: "https://uscodex.org/cfr/49/1122.3"
---

# §1122.3. Preliminary Fact-Finding.


The Board staff may, in its discretion, conduct nonpublic Preliminary Fact-Finding, subject to the provisions of [§ 1122.6](/cfr/49/1122.6.md), 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.


## Notes

### Authority

Authority: 49 U.S.C. 1321, 11144, 11701.

### Source

Source: 81 FR 90239, Dec. 14, 2016, unless otherwise noted.