Ask X3What does 49 CFR 40.377 (Who decides whether to issue a PIE?) require?
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According to 49 CFR 40.377, the decision of whether to issue a Public Interest Exclusion (PIE) is made by the ODAPC Director or their designee.
To ensure complete impartiality, the regulation requires a strict "firewall" between the initiating official and the Director:
* The Director plays no role in deciding whether to start a PIE proceeding.
* The initiating official and the Director are strictly prohibited from having any discussions, contact, or information exchanges about the matter, except through official documents and discussions that form part of the formal record of the proceeding.
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