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[Federal Register: September 24, 2001 (Volume 66, Number 185)]
[Proposed Rules]               
[Page 48853]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24se01-31]                         


[[Page 48853]]

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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, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Board is instituting this proceeding to address various 
matters relating to arbitration of disputes in lieu of Board 
adjudication. The Board is proposing to: Update the Board's files 
regarding qualified arbitrators that are available to handle the types 
of disputes that could be brought to arbitration under the Board's 
existing rules at 49 CFR 1108; establish a requirement that a formal 
complaint include a statement that the complainant has considered 
arbitration but either decided against it or could not obtain the 
agreement of the other parties to the dispute; and solicit public 
comments, in order to assist Congress, by providing a record on whether 
binding arbitration should be legislatively prescribed for small rate 
disputes.

DATES: An original and 10 copies of written comments are due by 
November 23, 2001, and an original and 10 copies of replies are due 
December 24, 2001. In addition, parties must submit to the Board, on 
3.5-inch IBM-compatible floppy diskettes (in, or convertible by and 
into, Word Perfect 9.0 format) an electronic copy of their comments, 
including any graphics. The diskettes shall be clearly labeled with the 
filer's name and the docket number, STB Ex Parte No. 586. Any party may 
seek a waiver from the electronic submission requirements.\1\
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    \1\ Documents transmitted by facsimile (FAX) or electronic mail 
(e-mail) will not be accepted.
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    Additionally, all interested qualified persons (those experienced 
in rail transportation or economic issues similar to those arising 
before the Board) who wish to be placed on a roster of arbitrators 
available to arbitrate disputes pursuant to 49 CFR 1108 (including 
those who previously submitted their names and qualifications in 1997, 
if they remain available) should submit (or, as relevant, resubmit) an 
original and 3 copies of their names and qualifications by November 8, 
2001.

ADDRESSES: All pleadings, referring to STB Ex Parte No. 586, must be 
filed with the Surface Transportation Board, Office of the Secretary, 
Case Control Unit, 1925 K Street, NW., Washington, DC 20423-0001. 
Copies of the written comments and replies will be available from the 
Board's contractor, Da-2-Da Legal, 1925 K Street, NW., Room 405, 
Washington, DC 20423-0001, phone (202) 293-7776. The comments and 
replies will also be available for viewing and self-copying in the 
Board's Microfilm unit, Room 755, and posted on the Board's Web site 
(<A HREF="http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.stb.dot.gov">www.stb.dot.gov</A>).

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-1600. 
(TDD for the hearing impaired: 1-800-877-8339).

SUPPLEMENTARY INFORMATION: 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. The decision is also posted on 
the Board's Web site at <A HREF="http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.stb.dot.gov">www.stb.dot.gov</A>.

List of Subjects in 49 CFR Part 1111

    Administrative practice and procedure.

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

    Decided: September 18, 2001.

    By the Board, Chairman Morgan, Vice Chairman Clyburn, and 
Commissioner 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 proposed to be amended 
as follows:

PART 1111--[AMENDED]

    1. The authority citation for 1111 continues to read as follows: 49 
U.S.C. 721, 10704, and 11701.
    2. In Sec. 1111.1(a), paragraph (11) is added to read as follows:


Sec. 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. 01-23769 Filed 9-21-01; 8:45 am]
BILLING CODE 4915-00-P

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