§ 1108.21 — Definitions.

49 CFR § 1108.21

• Title: Title 49: Transportation
• Part: Part 1108: Arbitration of Certain Disputes Subject to the Statutory Jurisdiction of the Surface Transportation Board
• Source: eCFR (current through Apr 10, 2026)

Text

§ 1108.21 Definitions.

As used in this subpart:

(a) Arbitrator means a single person appointed to arbitrate under this subpart.

(b) Arbitration panel means a group of three people appointed to arbitrate under this subpart.

(c) Arbitration decision means the decision of the arbitration panel served on the parties as set forth in § 1108.27(c)(3).

(d) Complainant means a party that seeks to challenge the reasonableness of a rate charged by a rail carrier using the Small Rate Case Arbitration Program, including rail shippers.

(e) Final offer rate review means the Final Offer Rate Review process for determining the reasonableness of railroad rates.

(f) Lead arbitrator means the third arbitrator selected by the two party-appointed arbitrators or, if the two party-appointed arbitrators cannot agree, an individual selected from a list of individuals jointly developed by the parties and using the procedures to select from this list, as set forth in § 1108.26(c)(3).

(g) Limit price test means the methodology for determining market dominance described in M&G Polymers USA, LLC v. CSX Transp., Inc., NOR 42123, slip op. at 11-18 (STB served Sept. 27, 2012).

(h) Participating railroad or participating carrier means a railroad that has voluntarily opted into the Small Rate Case Arbitration Program pursuant to § 1108.23(a).

(i) Party-appointed arbitrator means the arbitrator selected by each party pursuant to the process described in § 1108.26(b).

(j) Rate disputes are disputes involving the reasonableness of a rail carrier's rates.

(k) Small Rate Case Arbitration Program means the program established by the Surface Transportation Board in this subpart.

(l) STB or Board means the Surface Transportation Board.

(m) STB-maintained roster means the roster of arbitrators maintained by the Board, as required by § 1108.6(b), under the Board's arbitration program established pursuant to 49 U.S.C. 11708 and set forth in subpart A of this part.

(n) Streamlined market dominance test means the methodology set forth in 49 CFR 1111.12.