49 CFR § 1122.3 - Preliminary Fact-Finding.

---
identifier: "/us/cfr/t49/s1122.3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 1122.3 - Preliminary Fact-Finding."
title_number: 49
title_name: "Transportation"
section_number: "1122.3"
section_name: "Preliminary Fact-Finding."
chapter_name: "SURFACE TRANSPORTATION BOARD"
subchapter_number: "B"
subchapter_name: "RULES OF PRACTICE"
part_number: "1122"
part_name: "BOARD-INITIATED INVESTIGATIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 1321, 11144, 11701."
regulatory_source: "81 FR 90239, Dec. 14, 2016, unless otherwise noted."
cfr_part: "1122"
---


# 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.