STB advances rate review rules for small rate disputes

The Surface Transportation Board (STB) has advanced two rulemakings to establish rate reasonableness processes for small rate disputes: a Notice of Proposed Rulemaking (NPRM) to establish a voluntary arbitration program for small rate disputes, and a supplemental Notice of Proposed Rulemaking (SNPRM) for the Final Offer Rate Review (FORR) procedure.

Both the NPRM for voluntary arbitration and the FORR SNPRM continue the efforts of the board’s Rate Reform Task Force to determine, among other things, how best to provide a rate review process for small cases, STB officials said in a press release.

In response to a joint petition filed by five Class Is, the board proposes to modify its existing arbitration rules and establish a new voluntary arbitration program for small rate disputes, which would function alongside its existing arbitration program. Simultaneously, the board is issuing the FORR SNPRM to invite comment on certain modifications to the new rate case procedure proposed in the NPRM issued on Sept. 12, 2019.

Yesterday's issuance of the arbitration NPRM and the FORR SNPRM will ensure parallel consideration of both rulemakings by the board and stakeholders before final action is taken on either, STB officials said.

Comments on both rulemakings are due Jan. 14, 2022, and reply comments are due March 15, 2022.