Ask X3What does 49 CFR 40.387 (What matters does the Director decide concerning a proposed PIE?) require?
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Based on 49 CFR 40.387, after a service agent responds (or after 30 days pass with no response), the Director makes decisions regarding a proposed Public Interest Exclusion (PIE) in the following ways:
1. Dismissals: The Director may decide to dismiss the PIE proceeding—either on their own or at your request—if they determine the matter does not involve serious noncompliance.
2. Incomplete Information: If the initiating official's submission lacks complete information, the Director may remand the matter back to them.
3. Decisions on the Merits: For any PIE proceeding decided on the merits, the Director decides:
* Any material facts that are in dispute;
* Whether the facts support issuing a PIE;
* The scope of any PIE that is issued; and
* The duration of any PIE that is issued.