[Federal Register Volume 67, Number 102 (Tuesday, May 28, 2002)]
[Rules and Regulations]
[Page 36822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13257]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1111

[STB Ex Parte No. 586]


Arbitration--Various Matters Relating To Its Use as an Effective 
Means of Resolving Disputes That Are Subject to the Board's 
Jurisdiction

AGENCY: Surface Transportation Board, Transportation.

ACTION: Final rule.

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SUMMARY: The Surface Transportation Board (Board) is amending its 
regulations at 49 CFR part 1111 governing formal complaints to add a 
requirement that in complaint cases that are potentially arbitrable 
under the Board's voluntary arbitration process (49 CFR part 1108), the 
complaint must contain a statement that arbitration was considered, but 
rejected, as a means of resolving the dispute.

EFFECTIVE DATE: June 21, 2002.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-1600. 
(TDD for the hearing impaired: (800) 877-8339).

SUPPLEMENTARY INFORMATION: In this proceeding, in addition to amending 
its regulations as indicated in the summary, the Board updated its 
records as to those persons currently available and possessing the 
requisite qualifications (i.e., those experienced in rail 
transportation or economic issues similar to those arising before the 
Board) to serve as an arbitrator under 49 CFR part 1108. A copy of the 
list can be obtained from the Board's Office of Public Services, Suite 
840, Surface Transportation Board, 1925 K Street, NW, Washington, DC 
20423-0001; telephone (202) 565-1592.
    Additionally, the Board obtained comments from interested parties 
on whether binding arbitration of small rail rate disputes should be 
mandated through legislation. The comments reflect a divergence of 
views on this subject and no areas of consensus. The Board will provide 
a report to Congress summarizing the comments received.
    Additional information is contained in the Board's decision. To 
purchase a copy of the decision, write to, call or pick up in person 
from Da-2-Da Legal, Room 405, 1925 K Street, NW, Washington, DC 20006, 
telephone (202) 293-7776. The decision is also posted on the Board's 
Web site at www.stb.dot.gov.

Small Entities

    The Board certifies that this rule will not have a significant 
economic effect on a substantial number of small entities.

Environment

    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

List of Subjects in 49 CFR part 1111

    Administrative practice and procedures.

    Authority: 49 U.S.C. 721(a).

    Decided: May 20, 2002.

    By the Board, Chairman Morgan and Vice Chairman Burkes.
Vernon A. Williams,
Secretary.


    For the reasons set forth in the preamble, title 49, chapter X, 
Part 1111 of the Code of Federal Regulations, is amended as follows:

PART 1111--COMPLAINT AND INVESTIGATION PROCEDURES

    1. The authority citation for part 1111 continues to read as 
follows:

    Authority: 49 U.S.C. 721, 10704, and 11701.


    2. In [sect] 1111.1(a), paragraph (a)(11) is added to read as 
follows:


[sect] 1111.1  Content of formal complaints; joinder.

    (a) * * *
    (11) For matters for which voluntary, binding arbitration is 
available pursuant to 49 CFR part 1108, the complaint shall state that 
arbitration was considered, but rejected, as a means of resolving the 
dispute.
* * * * *
[FR Doc. 02-13257 Filed 5-24-02; 8:45 am]
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