---
kind: "section"
citation: "49 C.F.R. § 1108.21"
title: "49"
number: "1108.21"
heading: "Definitions."
url: "https://uscodex.org/cfr/49/1108.21"
---

# §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)](/cfr/49/1108.27.md?p=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)](/cfr/49/1108.26.md?p=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)](/cfr/49/1108.23.md?p=a).
- (i) Party-appointed arbitrator means the arbitrator selected by each party pursuant to the process described in [§ 1108.26(b)](/cfr/49/1108.26.md?p=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)](/cfr/49/1108.6.md?p=b), under the Board's arbitration program established pursuant to [49 U.S.C. 11708](/usc/49/11708.md) and set forth in [subpart A](/cfr/49/subpartA.md) of this part.
- (n) Streamlined market dominance test means the methodology set forth in [49 CFR 1111.12](/cfr/49/1111.12.md).

## Notes

### Source

Source: 88 FR 729, Jan. 4, 2023, unless otherwise noted.

### Authority

Authority: 49 U.S.C. 11708, 49 U.S.C. 1321(a), and 5 U.S.C. 571 et seq.

### Source

Source: 78 FR 29079, May 17, 2013, unless otherwise noted.