# Content of formal complaints; joinder.
**AGENCY:**
Surface Transportation Board, Transportation.
**ACTION:**
Final rule.
**SUMMARY:**
The Surface Transportation Board (Board) is amending its regulations at 49 CFR part 1111 governing formal complaints to add a requirement that in complaint cases that are potentially arbitrable under the Board's voluntary arbitration process (49 CFR part 1108), the complaint must contain a statement that arbitration was considered, but rejected, as a means of resolving the dispute.
**EFFECTIVE DATE:**
June 21, 2002.
**FOR FURTHER INFORMATION CONTACT:**
Joseph H. Dettmar, (202) 565-1600. (TDD for the hearing impaired: (800) 877-8339).
**SUPPLEMENTARY INFORMATION:**
In this proceeding, in addition to amending its regulations as indicated in the summary, the Board updated its records as to those persons currently available and possessing the requisite qualifications ( *i.e.,* those experienced in rail transportation or economic issues similar to those arising before the Board) to serve as an arbitrator under 49 CFR part 1108. A copy of the list can be obtained from the Board's Office of Public Services, Suite 840, Surface Transportation Board, 1925 K Street, NW, Washington, DC 20423-0001; telephone (202) 565-1592.
Additionally, the Board obtained comments from interested parties on whether binding arbitration of small rail rate disputes should be mandated through legislation. The comments reflect a divergence of views on this subject and no areas of consensus. The Board will provide a report to Congress summarizing the comments received.
Additional information is contained in the Board's decision. To purchase a copy of the decision, write to, call or pick up in person from Da -2-Da Legal, Room 405, 1925 K Street, NW, Washington, DC 20006, telephone (202) 293-7776. The decision is also posted on the Board's Web site at *www.stb.dot.gov.*
**Small Entities**
The Board certifies that this rule will not have a significant economic effect on a substantial number of small entities.
**Environment**
This action will not significantly affect either the quality of the human environment or the conservation of energy resources.
**List of Subjects in 49 CFR part 1111**
Administrative practice and procedures.
**Authority:**
49 U.S.C. 721(a).
By the Board, Chairman Morgan and Vice Chairman Burkes.
Decided: May 20, 2002.
Vernon A. Williams,
Secretary.
**49 CFR Part 1111**
For the reasons set forth in the preamble, title 49, chapter X, Part 1111 of the Code of Federal Regulations, is amended as follows:
**PART 1111—COMPLAINT AND INVESTIGATION PROCEDURES**
1. The authority citation for part 1111 continues to read as follows:
**Authority:**
49 U.S.C. 721, 10704, and 11701.
**49 CFR Part 1111**
2. In § 1111.1(a), paragraph (a)(11) is added to read as follows:
§ 1111.1
(a) * * *
(11) For matters for which voluntary, binding arbitration is available pursuant to 49 CFR part 1108, the complaint shall state that arbitration was considered, but rejected, as a means of resolving the dispute.