[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Notices]
[Pages 39572-39573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16242]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. EP 699]


Assessment of Mediation and Arbitration Procedures

AGENCY: Surface Transportation Board.

ACTION: Notice of public hearing.

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SUMMARY: In a decision served on March 28, 2012, the Surface 
Transportation Board (Board) proposed regulations intended to increase 
the use of mediation and arbitration in lieu of formal adjudication to 
resolve disputes before the Board. Interested parties were asked to 
file written comments on these proposed regulations by May 17, 2012, 
and replies by June 18, 2012. The Board will hold a public hearing on 
August 2, 2012, to explore the issues raised in these comments and 
replies.

DATES: The hearing will begin at 9:30 a.m., on Thursday, August 2, 
2012, in the Board's hearing room at the Board's headquarters located 
at 395 E Street SW., Washington, DC. The hearing will be open for 
public observation. Anyone wishing to participate at the hearing shall 
file with the Board a notice of intent to participate (identifying the 
party, the proposed speaker, and the time requested), and a summary of 
the intended testimony (not to exceed three pages), no later than July 
19, 2012.\1\ All witnesses are encouraged to use their hearing time to 
call attention to the points they believe are particularly important. 
Witnesses should present a short oral statement of their comments and 
be prepared to answer questions from the Board.
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    \1\ Notices of intent to participate and the summaries of 
testimony are not required to be served on the Parties of Record in 
this proceeding. The notices and summaries will be posted to the 
Board's Web site when they are filed.

ADDRESSES: All filings may be submitted either via the Board's e-filing 
format 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 ``www.stb.dot.gov'' Web site. Any 
person submitting a filing in the traditional paper format should send 
an original and 10 copies of the filing to: Surface Transportation 
Board, Attn: Docket No. EP 699, 395 E Street SW., Washington, DC 20423-
0001.
    Copies of written submissions will be posted to the Board's Web 
site and will be available for viewing and self-copying in the Board's 
public docket room, Suite 131. Copies of the submissions will also be 
available (for a fee) by contacting the Board's Chief Records Officer 
at (202) 245-0238 or 395 E Street SW., Washington, DC 20423-0001.

FOR FURTHER INFORMATION, CONTACT: Amy Ziehm at (202) 245-0391. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at (800) 877-8339.

SUPPLEMENTARY INFORMATION: The Board favors the resolution of disputes 
through the use of mediation and arbitration procedures, in lieu of 
formal Board proceedings, wherever possible.\2\ 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. In a decision served on 
August 20, 2010,\3\ and published in the Federal Register on August 24, 
2010,\4\ the Board sought input regarding measures it might implement 
to encourage or require greater use of mediation, and to encourage 
greater voluntary use of arbitration, including making changes to the 
Board's existing rules and establishing new rules. The Board also 
sought input regarding possible changes to its rules to permit the use 
of Board-facilitated mediation procedures without the filing of a 
formal complaint.
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    \2\ Mediation is a process in which parties attempt to negotiate 
an agreement that resolves some or all of the issues in dispute, 
with the assistance of a trained, neutral, third-party mediator. 
Arbitration, by comparison, is an informal evidentiary process 
conducted by a trained, neutral, third-party arbitrator with 
expertise in the subject matter of the dispute. By agreeing to 
participate in arbitration, the parties agree to be bound (with 
limited appeal rights) by the arbitral decision.
    \3\ Assessment of Mediation and Arbitration Procedures, EP 699 
(STB served Aug. 20, 2010).
    \4\ Assessment of Mediation and Arbitration Procedures, 75 FR 
52,054.
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    The Board received input and issued a decision proposing new 
regulations on March 28, 2012.\5\ These proposed regulations would 
require parties to participate in mediation in certain types of cases 
and would modify the agency's existing regulations that permit parties 
to engage voluntarily in mediation. The Board also proposed an 
arbitration program under which carriers and shippers would agree 
voluntarily to arbitrate certain types of disputes that come before the 
Board. Class I and Class

[[Page 39573]]

II rail carriers would be deemed to agree voluntarily to participate in 
the proposed arbitration program unless they ``opt out.'' Finally, the 
Board proposed modifications to clarify and to simplify its existing 
rules governing the use of arbitration in other disputes.
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    \5\ Assessment of Mediation and Arbitration Procedures, EP 699 
(STB served Mar. 28, 2012). Assessment of Mediation and Arbitration 
Procedures, 77 FR 19,591.
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    The Board sought comments on the proposed regulations by May 17, 
2012, and replies by June 18, 2012. It received filings from the U.S. 
Department of Agriculture, railroad and shipper interests, and other 
interested parties. The Board has reviewed these submissions, and it 
will hold a public hearing to gather further information on these 
comments and replies and to question the parties about their positions.
    BOARD RELEASES AND LIVE VIDEO STREAMING AVAILABLE VIA THE INTERNET: 
Decisions and notices of the Board, including this notice, are 
available on the Board's Web site at www.stb.dot.gov. This hearing will 
be available on the Board's Web site by live video streaming. To access 
the hearing, click on the ``Live Video'' link under ``Information 
Center'' at the left side of the home page beginning at 9:00 a.m. on 
August 2, 2012.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.
    It is ordered:
    1. A public hearing in this proceeding will be held on Thursday, 
August 2, 2012, at 9:30 a.m., in the Surface Transportation Board 
Hearing Room, at 395 E Street SW., Washington, DC, as described above.
    2. By July 19, 2012, anyone wishing to participate at the hearing 
shall file with the Board a notice of intent to participate 
(identifying the party, the proposed speaker, and the time requested), 
and a summary of the intended testimony (not to exceed three pages).
    3. This decision is effective on the date of service.

    Decided: June 28, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-16242 Filed 7-2-12; 8:45 am]
BILLING CODE 4915-01-P