49 CFR § 1108.21 - Definitions.

---
identifier: "/us/cfr/t49/s1108.21"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 1108.21 - Definitions."
title_number: 49
title_name: "Transportation"
section_number: "1108.21"
section_name: "Definitions."
chapter_name: "SURFACE TRANSPORTATION BOARD"
subchapter_number: "B"
subchapter_name: "RULES OF PRACTICE"
part_number: "1108"
part_name: "ARBITRATION OF CERTAIN DISPUTES SUBJECT TO THE STATUTORY JURISDICTION OF THE SURFACE TRANSPORTATION BOARD"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 11708, 49 U.S.C. 1321(a), and 5 U.S.C. 571"
regulatory_source: "78 FR 29079, May 17, 2013, unless otherwise noted."
cfr_part: "1108"
---


# 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.