JM 9-76.050
District Court litigation, both civil and criminal, under various transportation provisions contained in Title 49, United States Code, is infrequent. The requisite expertise for the interpretation of these statutes resides with attorneys and other personnel within the agency or department responsible for securing compliance with the applicable statute. Accordingly, the United States Attorney should find it helpful to rely on the agency or departmental attorney for assistance with any referral, and should consider the views, both legal and factual, of the agency or department. A request for assistance from the Criminal Division should be solicited only in: (1) substantial cases; (2) cases in which there is a disagreement with agency personnel regarding whether or not to proceed; and (3) cases involving a national policy decision.