United States Code · Section
§ 1321 — Powers
49 U.S.C. § 1321
View:
(a) The Board shall carry out this chapter and subtitle IV. Enumeration of a power of the Board in this chapter or subtitle IV does not exclude another power the Board may have in carrying out this chapter or subtitle IV. The Board may prescribe regulations in carrying out this chapter and subtitle IV.
(b) The Board may—
(1) inquire into and report on the management of the business of carriers providing transportation and services subject to subtitle IV;
(2) inquire into and report on the management of the business of a person controlling, controlled by, or under common control with those carriers to the extent that the business of that person is related to the management of the business of that carrier;
(3) obtain from those carriers and persons information the Board decides is necessary to carry out subtitle IV; and
(4) when necessary to prevent irreparable harm, issue an appropriate order without regard to subchapter II of chapter 5 of title 5.
(1) The Board may subpoena witnesses and records related to a proceeding of the Board from any place in the United States, to the designated place of the proceeding. If a witness disobeys a subpoena, the Board, or a party to a proceeding before the Board, may petition a court of the United States to enforce that subpoena.
(2) The district courts of the United States have jurisdiction to enforce a subpoena issued under this section. Trial is in the district in which the proceeding is conducted. The court may punish a refusal to obey a subpoena as a contempt of court.
(1) In a proceeding, the Board may take the testimony of a witness by deposition and may order the witness to produce records. A party to a proceeding pending before the Board may take the testimony of a witness by deposition and may require the witness to produce records at any time after a proceeding is at issue on petition and answer.
(2) If a witness fails to be deposed or to produce records under paragraph (1), the Board may subpoena the witness to take a deposition, produce the records, or both.
(3) A deposition may be taken before a judge of a court of the United States, a United States magistrate judge, a clerk of a district court, or a chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any State, or a notary public who is not counsel or attorney of a party or interested in the proceeding.
(4) Before taking a deposition, reasonable notice must be given in writing by the party or the attorney of that party proposing to take a deposition to the opposing party or the attorney of record of that party, whoever is nearest. The notice shall state the name of the witness and the time and place of taking the deposition.
(5) The testimony of a person deposed under this subsection shall be taken under oath. The person taking the deposition shall prepare, or cause to be prepared, a transcript of the testimony taken. The transcript shall be subscribed by the deponent.
(6) The testimony of a witness who is in a foreign country may be taken by deposition before an officer or person designated by the Board or agreed on by the parties by written stipulation filed with the Board. A deposition shall be filed with the Board promptly.
(e) Each witness summoned before the Board or whose deposition is taken under this section and the individual taking the deposition are entitled to the same fees and mileage paid for those services in the courts of the United States.
Implementing Regulations
-
§ 1122.9 Power of persons conducting Board-Initiated Investigations.49 C.F.R. § 1122.9
-
§ 1114.31 Failure to respond to discovery.49 C.F.R. § 1114.31
-
PART 1243—QUARTERLY OPERATING REPORTS—RAILROADS49 C.F.R. pt. 1243
-
PART 1109—USE OF MEDIATION IN BOARD PROCEEDINGS49 C.F.R. pt. 1109
-
PART 1184—MOTOR CARRIER POOLING OPERATIONS49 C.F.R. pt. 1184
-
PART 1319—EXEMPTIONS49 C.F.R. pt. 1319
-
PART 1122—BOARD-INITIATED INVESTIGATIONS49 C.F.R. pt. 1122
-
PART 1004—INTERPRETATIONS AND ROUTING REGULATIONS49 C.F.R. pt. 1004
-
PART 1001—INSPECTION OF RECORDS49 C.F.R. pt. 1001
-
PART 1002—FEES49 C.F.R. pt. 1002
-
PART 1018—DEBT COLLECTION49 C.F.R. pt. 1018
-
PART 1246—NUMBER OF RAILROAD EMPLOYEES49 C.F.R. pt. 1246
-
PART 1333—DEMURRAGE LIABILITY49 C.F.R. pt. 1333
-
PART 1100—GENERAL PROVISIONS49 C.F.R. pt. 1100
-
PART 1220—PRESERVATION OF RECORDS49 C.F.R. pt. 1220
-
PART 1119—COMPLIANCE WITH BOARD DECISIONS49 C.F.R. pt. 1119
-
PART 1003—FORMS49 C.F.R. pt. 1003
-
PART 1033—CAR SERVICE49 C.F.R. pt. 1033
-
PART 1310—TARIFF REQUIREMENTS FOR HOUSEHOLD GOODS CARRIERS49 C.F.R. pt. 1310
-
PART 1120—USE OF 1977-1978 STUDY OF MOTOR CARRIER PLATFORM HANDLING FACTORS49 C.F.R. pt. 1120
-
PART 1185—INTERLOCKING OFFICERS49 C.F.R. pt. 1185
-
PART 1331—APPLICATIONS UNDER 49 U.S.C. 10706 AND 1370349 C.F.R. pt. 1331
-
PART 1249—REPORTS OF TARE WEIGHT AND LOSS AND DAMAGE DATA49 C.F.R. pt. 1249
-
PART 1034—ROUTING OF TRAFFIC49 C.F.R. pt. 1034
-
PART 1146—EXPEDITED RELIEF FOR SERVICE EMERGENCIES49 C.F.R. pt. 1146
-
PART 1037—BULK GRAIN AND GRAIN PRODUCTS—LOSS AND DAMAGE CLAIMS49 C.F.R. pt. 1037
-
PART 1155—SOLID WASTE RAIL TRANSFER FACILITIES49 C.F.R. pt. 1155
-
PART 1244—WAYBILL ANALYSIS OF TRANSPORTATION OF PROPERTY—RAILROADS49 C.F.R. pt. 1244
-
PART 1141—PROCEDURES TO CALCULATE INTEREST RATES49 C.F.R. pt. 1141
-
PART 1114—EVIDENCE; DISCOVERY49 C.F.R. pt. 1114
-
PART 1313—RAILROAD CONTRACTS FOR THE TRANSPORTATION OF AGRICULTURAL PRODUCTS49 C.F.R. pt. 1313
-
PART 1145—RECIPROCAL SWITCHING FOR INADEQUATE SERVICE49 C.F.R. pt. 1145
-
PART 1013—GUIDELINES FOR THE PROPER USE OF VOTING TRUSTS49 C.F.R. pt. 1013
-
PART 1117—PETITIONS (FOR RELIEF) NOT OTHERWISE COVERED49 C.F.R. pt. 1117
-
PART 1135—RAILROAD COST RECOVERY PROCEDURES49 C.F.R. pt. 1135
-
PART 1250—RAILROAD PERFORMANCE DATA REPORTING49 C.F.R. pt. 1250
-
PART 1116—ORAL ARGUMENT BEFORE THE BOARD49 C.F.R. pt. 1116
-
PART 1133—RECOVERY OF DAMAGES49 C.F.R. pt. 1133
-
PART 1200—GENERAL ACCOUNTING REGULATIONS UNDER THE INTERSTATE COMMERCE ACT49 C.F.R. pt. 1200
-
PART 1130—INFORMAL COMPLAINTS49 C.F.R. pt. 1130
-
PART 1115—APPELLATE PROCEDURES49 C.F.R. pt. 1115
-
PART 1102—COMMUNICATIONS49 C.F.R. pt. 1102
-
PART 1112—MODIFIED PROCEDURES49 C.F.R. pt. 1112
-
PART 1177—RECORDATION OF DOCUMENTS49 C.F.R. pt. 1177
-
PART 1035—BILLS OF LADING49 C.F.R. pt. 1035
-
PART 1113—ORAL HEARING49 C.F.R. pt. 1113
-
PART 1150—CERTIFICATE TO CONSTRUCT, ACQUIRE, OR OPERATE RAILROAD LINES49 C.F.R. pt. 1150
-
PART 1007—RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS49 C.F.R. pt. 1007
-
PART 1101—DEFINITIONS AND CONSTRUCTION49 C.F.R. pt. 1101
-
PART 1144—INTRAMODAL RAIL COMPETITION49 C.F.R. pt. 1144
-
PART 1248—FREIGHT COMMODITY STATISTICS49 C.F.R. pt. 1248
-
PART 1110—PROCEDURES GOVERNING INFORMAL RULEMAKING PROCEEDINGS49 C.F.R. pt. 1110
-
PART 1247—REPORT OF CARS LOADED AND CARS TERMINATED49 C.F.R. pt. 1247
-
PART 1253—RATE-MAKING ORGANIZATION; RECORDS AND REPORTS49 C.F.R. pt. 1253