49 CFR 40.377
§ 40.377 Who decides whether to issue a PIE?
United States · 49 CFR — Transportation · Status: effective
Cite this
- Citation
- 49 CFR 40.377, § 40.377 Who decides whether to issue a PIE?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/255369
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Full text
(a) The ODAPC Director, or his or her designee, decides whether to issue a PIE. If a designee is acting as the decisionmaker, all references in this subpart to the Director refer to the designee.
(b) To ensure his or her impartiality, the Director plays no role in the initiating official's determination about whether to start a PIE proceeding.
(c) There is a “firewall” between the initiating official and the Director. This means that the initiating official and the Director are prohibited from having any discussion, contact, or exchange of information with one another about the matter, except for documents and discussions that are part of the record of the proceeding.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.