[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Notices]
[Page 61653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28009]



[[Page 61653]]

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SURFACE TRANSPORTATION BOARD

[Docket No. EP 730 (Sub-No. 1)]


Revisions to Arbitration Procedures

    Under Section 13 of the Surface Transportation Board 
Reauthorization Act of 2015 (STB Reauthorization Act), codified at 49 
U.S.C. 11708, Congress directed the Board to ``promulgate regulations 
to establish a voluntary and binding arbitration process to resolve 
rail rate and practice complaints'' that are subject to the Board's 
jurisdiction. In May 2016, the Board issued a Notice of Proposed 
Rulemaking proposing to modify its existing regulations at 49 CFR pt. 
1108 and Sec.  1115.8 to conform to the requirements of the STB 
Reauthorization Act. Revisions to Arbitration Procedures, EP 730 (STB 
served May 12, 2016). Section 11708(f) provides that, unless parties 
otherwise agree, an arbitrator or panel of arbitrators shall be 
selected from a roster maintained by the Board. Accordingly, the 
Board's rules establish a process for creating and maintaining a roster 
of arbitrators. See Revisions to Arbitration Procedures (Final Rule), 
EP 730, slip op. at 3-4 (STB served Oct. 11, 2016).
    By decision served December 2, 2016, the Board sought applications 
from all interested persons who wished to be considered for inclusion 
on the initial roster. The Board assessed each applicant's 
qualifications to identify individuals who can ably serve as 
arbitrators based on the criteria established by the Board in its Final 
Rule at 49 CFR 1108.6(b). By decision served February 23, 2017, the 
Board adopted and issued its roster of arbitrators. The roster is 
published on the Board's website at https://www.stb.gov/stb/litigationalternatives/CurrentArbitration.html (a link to the current 
arbitrator roster is located in the section titled, ``Arbitration 
Procedures'').
    Section 1108.6(b) requires that the Board update the roster of 
arbitrators every year. Accordingly, the Board is now requesting the 
names and qualifications of new arbitrators who wish to be placed on 
the roster. Arbitrators who wish to remain on the roster must notify 
the Board of their continued availability and confirm that the 
biographical information on file with the Board remains accurate and if 
not, provide any necessary updates. Arbitrators who do not confirm 
their continued availability will be removed from the roster. This 
decision will be served on all current arbitrators.
    Any person who wishes to be added to the roster should file an 
application describing his or her experience with rail transportation 
and economic regulation, as well as professional or business 
experience, including agriculture, in the private sector. Each 
applicant should also describe his or her training in dispute 
resolution and/or experience in arbitration or other forms of dispute 
resolution, including the number of years of experience. Lastly, the 
applicant should provide his or her contact information and fees.
    All comments--including filings from new applicants, updates to 
existing arbitrator information, and confirmations of continued 
availability--should be submitted by January 22, 2018.\1\ The Board 
will assess each new applicant's qualifications to determine which 
individuals can ably serve as arbitrators based on the criteria 
established under section 1108.6(b). The Board will then establish an 
updated roster of arbitrators by no-objection vote. The roster will 
include a brief biographical sketch of each arbitrator, including 
information such as background, area(s) of expertise, arbitration 
experience, and geographical location, as well as contact information 
and fees. The roster will be published on the Board's website.
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    \1\ Persons who have informally indicated an interest in being 
included on the arbitrator roster (e.g., correspondence to Board 
members) should submit a comment pursuant to this decision.
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    It is ordered:
    1. Applications from persons interested in being added to the 
Board's roster of arbitrators and confirmations of continued 
availability (with updates, if any, to existing arbitrator information) 
from persons currently on the arbitration roster, are due by January 
22, 2018.
    2. This decision will be served on all current arbitrators and 
published in the Federal Register.
    3. This decision is effective on the date of service.

    Decided: December 21, 2017.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2017-28009 Filed 12-27-17; 8:45 am]
 BILLING CODE 4915-01-P