In September 2019, the Board issued a notice of proposed rulemaking (NPRM) and sought public comment on its proposal of a new procedure, known as Final Offer Rate Review (FORR), for challenging the reasonableness of railroad rates in smaller cases. Under this proposal, the Board would decide a case by selecting either the complainant’s or the defendant’s final offer, subject to an expedited procedural schedule that adheres to firm deadlines. The comment period concluded on January 10, 2020. After reviewing the record, the Board finds that it would benefit from additional stakeholder input on the FORR proposal and on how best to continue its efforts to establish a new rate review methodology generally. Prompted by comments received, the Board also wishes to explore whether its existing arbitration program could be modified to provide a practical alternative dispute resolution mechanism to address smaller rate disputes.
To schedule a meeting, which will be held via telephone or online conference, parties should contact the Board’s Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245-0238. Further instructions for these informal discussions can be found in the decision.
More information is available online.
— From a Surface Transportation Board news release. May 15, 2020.
