§ 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.