[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Proposed Rules]
[Pages 23208-23209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9324]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1108 and 1109

[STB Docket No. EP 699]


Assessment of Mediation and Arbitration Procedures

AGENCY: Surface Transportation Board.

ACTION: Supplemental Notice of Proposed Rulemaking.

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SUMMARY: The Surface Transportation Board has proposed regulations that 
would require Class I and Class II rail carriers to participate in the 
Board's arbitration program, unless they file a prior written notice 
with the Board on an annual basis opting out of the program. By 
contrast, Class III rail carriers wishing to participate in the Board's 
arbitration program could file a request for arbitration with the Board 
under this docket at any time, or could voluntarily agree to 
participate in arbitration on a case-by-case basis. A shipper wishing 
to participate in the Board's arbitration program could so inform the 
Board on a case-by-case basis following the filing of a complaint. 
Pursuant to the Paperwork Reduction Act and Office of Management and 
Budget regulations, the Board now seeks comments regarding certain 
information pertaining to the proposed arbitration rules.

DATES: Comments are due by June 18, 2012.

ADDRESSES: Comments may be submitted either via the Board's e-filing 
process or in the traditional paper format. Any person using e-filing 
should attach a document and otherwise comply with the instructions at 
the E-FILING link on the Board's Web site, at http://www.stb.dot.gov. 
Any person submitting a filing in the traditional paper format should 
send an original and 10 copies to: Surface Transportation Board, Attn: 
Docket No. EP 699, 395 E Street SW., Washington, DC 20423-0001. Copies 
of written comments received by the Board will be posted to the Board's 
Web site at http://www.stb.dot.gov and will be available for viewing 
and self-copying in the Board's Public Docket Room, Suite 131, 395 E 
Street SW., Washington, DC. Copies of the comments will also be 
available by contacting the Board's Chief Records Officer by telephone 
at (202) 245-0236 or by mail at 395 E Street SW., Washington, DC 20423-
0001.

FOR FURTHER INFORMATION CONTACT: Virginia Strasser at (202) 245-0275. 
(Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.)

SUPPLEMENTARY INFORMATION: By Notice of Proposed Rulemaking in 
Assessment of Mediation and Arbitration Procedures, EP 699 (STB served 
Mar. 28, 2012),\1\ the Surface Transportation Board has proposed 
regulations that would require Class I and Class II rail carriers to 
participate in the Board's arbitration program, unless they file a 
prior written notice with the Board on an annual basis opting out of 
the program. Pursuant to the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq. (PRA), and Office of Management and Budget (OMB) regulations at 5 
CFR 1320.8(d)(3), the Board now seeks comments regarding: (1) Whether 
the particular collection of information described below and in greater 
detail at 77 FR 19,591 is necessary for the proper performance of the 
functions of the Board, including whether the collection has practical 
utility; (2) the accuracy of the Board's burden estimates; (3) ways to 
enhance the quality, utility, and clarity of the information collected; 
and (4) ways to minimize the burden of the collection of information on 
the respondents, including the use of automated collection techniques 
or

[[Page 23209]]

other forms of information technology, when appropriate.
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    \1\ The Notice of Proposed Rulemaking was published in the 
Federal Register on April 2, 2012. (77 FR 19,591).
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    The Board favors the resolution of disputes through the use of 
mediation and arbitration procedures, in lieu of formal Board 
proceedings, wherever possible. To that end, the Board has existing 
rules that encourage parties to agree voluntarily to mediate or 
arbitrate certain matters subject to its jurisdiction. The Board's 
mediation rules are set forth at 49 CFR 1109.1, 1109.3, 1109.4, 1111.2, 
1111.9, and 1111.10. Its arbitration rules are set forth at 49 CFR 
1108, 1109.1, 1109.2, 1109.3, and 1115.8. The proposed modifications to 
the Board's existing rules are intended to increase the use of 
mediation and arbitration in lieu of formal adjudication to resolve 
disputes before the Board.
    The proposed changes to the mediation rules do not impose a new 
information collection on the public. Rather, the proposed changes to 
the existing mediation rules would establish procedures under which the 
Board could compel mediation in certain types of adjudications before 
the Board, on a case-specific basis, as well as grant mediation 
requests of parties to disputes.
    The proposed changes to the arbitration rules, however, do impose a 
new information collection with regard to rail carriers. Class I and 
Class II carriers would be deemed to have agreed voluntarily to 
participate in the Board's proposed arbitration program unless they 
``opt out.'' To opt out, any such carrier would be required to file a 
notice with the Board, under Docket No. EP 699, notifying the Board of 
its opt-out decision, no later than 20 days after this proposed rule 
took effect. Any such carrier not submitting a notice by this deadline 
would be deemed to be a participant in the Board's arbitration program. 
Should the proposed rules take effect, a Class I or Class II carrier 
wishing to opt out of the Board's arbitration program would be required 
to file an opt-out notice with the Board no later than January 10 of 
each calendar year. Such carriers not opting out by this deadline would 
become participants in the Board's proposed arbitration program during 
that calendar year. Participating carriers could also opt out of the 
arbitration program at any time by providing 90 days' notice to the 
Board. Class I and Class II carriers that had opted out would be able 
to opt back into the proposed arbitration program at any time by filing 
a notice with the Board that would take effect immediately. They could 
also participate in arbitration on a case-by-case basis.
    In contrast, Class III rail carriers would not be deemed to have 
agreed to participate in the proposed arbitration program unless they 
were to opt in by filing a written notice in Docket No. EP 699, so 
informing the Board. Such notice could be filed at any time and would 
take effect immediately. A Class III carrier would remain a participant 
in the proposed arbitration program thereafter unless it were to file 
an opt-out notice with the Board. Such notice would take effect 90 days 
after filing. Like Class I and Class II carriers, Class III carriers 
could also voluntarily agree to participate in arbitration on a case-
by-case basis.
    Shippers would choose to participate in arbitration of the proposed 
program-eligible disputes on a case-by-case basis following the filing 
of a complaint whose subject matter would be arbitration program-
eligible under the proposed rule.
    This proposed rule, which is detailed in the Board's decision and 
Federal Register notice referenced above is being submitted to OMB for 
review as required under the PRA, 44 U.S.C. 3507(d), and 5 CFR 1320.11.

List of Subjects

49 CFR Part 1108

    Administrative practice and procedure, Railroads.

49 CFR Part 1109

    Administrative practice and procedure, Maritime carriers, Motor 
carriers, Railroads.

    Decided: April 13, 2012.
Jeffrey Herzig,
Clearance Clerk.

Appendix A

    The additional information below is included to assist those who 
may wish to submit comments pertinent to review under the Paperwork 
Reduction Act:

Description of Collection

    Title: Assessment of Mediation and Arbitration Procedures.
    OMB Control Number: 2140-XXXX.
    STB Form Number: None.
    Type of Review: New collection.
    Respondents: Class I, Class II, and Class III railroads.
    Number of Respondents: A maximum of 650.
    Estimated Time per Response: 1.0 hour.
    Frequency: Annually.
    Total Burden Hours (annually including all potential respondents): 
650 hours.
    Total ``Non-Hour Burden'' Cost: None identified.
    Needs and Uses: Under 49 U.S.C. 721(a), the Board has the authority 
to prescribe regulations to carry out its statutory authority. The 
proposed information collection is intended to encourage greater use of 
arbitration as a means to resolve certain types of disputes before the 
Board, by establishing an arbitration program in which Class I and 
Class II rail carriers would agree in advance to participate in binding 
arbitration of those disputes unless they file an opt-out notice with 
the Board on an annual basis. Class III rail carriers may inform the 
Board of their interest in participating in this arbitration program by 
filing an opt-in notice at any time. Failure to collect this 
information would impede the Board's ability to establish the proposed 
arbitration program. The Board has authority to collect information 
from rail carriers under 49 U.S.C. 11145(a).
    Retention Period: Information in this report will be maintained on 
the Board's Web site for a minimum of one year and will be otherwise 
maintained by the Board for a minimum of two years.

[FR Doc. 2012-9324 Filed 4-17-12; 8:45 am]
BILLING CODE 4915-01-P