[Federal Register Volume 75, Number 163 (Tuesday, August 24, 2010)]
[Notices]
[Page 52054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20924]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. EP 699]
Assessment of Mediation and Arbitration Procedures
AGENCY: Surface Transportation Board (Board), DOT.
ACTION: Notice and request for comments.
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SUMMARY: The Board seeks comments on matters relating to the use of
mediation and arbitration as effective means of resolving disputes that
are subject to the Board's jurisdiction. Depending upon the Board's
assessment of the comments received, the Board may propose revisions to
its current rules or propose new rules in order to encourage the use of
mediation and arbitration in the resolution of disputes. If so, the
proposed changes or new rules would be published and made available for
review and comment in a subsequent notice.
DATES: Comments are due on October 25, 2010.
ADDRESSES: Comments 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 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 will be available for viewing and self-copying at
the Board's Public Docket Room, Room 131, and will be posted to the
Board's Web site.
FOR FURTHER INFORMATION CONTACT: Julia Farr at 202-245-0359. Assistance
for the hearing impaired is available through the Federal Information
Relay Service (FIRS) at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: The Board favors private sector resolutions
of disputes as an alternative to its formal processes where possible.
To that end, the Board has rules in place that allow for mediation and
arbitration of matters subject to its jurisdiction. The Board's
mediation rules are set forth at 49 CFR 1109.1, 1109.4, 1111.2, 1111.9,
and 1111.10. Its arbitration rules are set forth at 49 CFR 1108,
1109.1, 1109.2, and 1115.8.
The Board seeks input regarding measures it can implement to
encourage greater use of mediation and arbitration procedures,
including changes to the Board's existing rules and establishment of
new rules. The Board also seeks input regarding possible changes to its
rules to permit the use of Board-facilitated mediation procedures
without the filing of a formal complaint. In addition to being reviewed
by the Board, the Railroad-Shipper Transportation Advisory Council
(RSTAC) will review the comments and prepare a report to the Board
reflecting the input of its members on this issue.\1\
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\1\ RSTAC is an advisory board established by Federal law to
advise the U.S. Congress, the U.S. Department of Transportation, and
the Board on issues related to rail freight, with particular
attention to issues of importance to small shippers and railroads.
By statute, RSTAC members are appointed by the Board's chairman.
Representatives of rail customers, Class I railroads, and small
railroads sit on RSTAC. The Board's members and the U.S. Secretary
of Transportation are RSTAC ex officio, nonvoting members. (49
U.S.C. 726.)
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Based upon the comments from interested persons and RSTAC's input,
the Board will decide whether to issue a Notice of Proposed Rulemaking
(NPRM) at a later date. We will invite comment on the NPRM before
issuance of any final rule.
This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
It is ordered:
1. Comments as described above are due by October 25, 2010.
2. This decision is effective on its date of service.
Decided: August 18, 2010.
By the Board, Chairman Elliott, Vice Chairman Mulvey, and
Commissioner Nottingham.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-20924 Filed 8-23-10; 8:45 am]
BILLING CODE 4915-01-P