---
kind: "section"
citation: "49 C.F.R. § 1108.24"
title: "49"
number: "1108.24"
heading: "Use of the Small Rate Case Arbitration Program."
url: "https://uscodex.org/cfr/49/1108.24"
---

# §1108.24. Use of the Small Rate Case Arbitration Program.

- (a) **Eligible matters.** The arbitration program under this subpart may be used only in the following instances:
  - (1) Rate disputes involving shipments of regulated commodities not subject to a rail transportation contract are eligible to be arbitrated under this subpart. If the parties dispute whether a challenged rate was established pursuant to [49 U.S.C. 10709](/usc/49/10709.md), the parties must petition the Board to resolve that dispute, which must be resolved before the parties initiate the arbitration process under this part.
  - (2) A complainant may challenge rates for multiple traffic lanes within a single arbitration under this part, subject to the relief cap in [§ 1108.28](/cfr/49/1108.28.md) for all lanes.
  - (3) For movements in which more than one carrier participates, arbitration under this subpart may be used only if all carriers agree to participate (pursuant to § [1108.23(a)(1)](/cfr/49/1108.23.md?p=a-1) or [(4)](/cfr/49/1108.23.md?p=a-4)).
- (b) **Eligible parties.** Any party eligible to bring or defend a rate dispute before the Board is eligible to participate in the arbitration program under this part.
- (c) **Use limits.** A complainant may not bring separate arbitrations for shipments with the same origin-destination or shipments where facilities are shared.
- (d) **Arbitration clauses.** Nothing in the Board's regulations in this part shall preempt the applicability of, or otherwise supersede, any new or existing arbitration clauses contained in agreements between complainants and carriers.

## 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.