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By decision served November 25, 2020 (published 12/3/2020), the Board instituted a rulemaking proceeding to consider a proposal to establish a new, voluntary arbitration program intended to help resolve small rate disputes. By decision served Nov. 15, 2021, the Board provided notice of a proposed rule to establish a voluntary arbitration program for small rate cases. On December 29, 2021, the Board denied a request to hold the proceeding in abeyance and require Class I rail carriers to inform the Board whether they would consent to arbitration of rate cases if arbitrators are permitted to consider revenue adequacy, and modified the deadline for replies. On December 19, 2022, the Board adopted a final rule that modified regulations to establish a voluntary arbitration program for small rate disputes. The Board denied two stay requests on January 24, 2023, and February 14, 2023. Chairman Fuchs intends to conduct a comprehensive review of the regulation in light of the Board’s removal of its separate, but related, regulations implementing the Final Offer Rate Review (FORR) procedure for smaller cases following FORR’s vacatur by the United States Court of Appeals for the Eighth Circuit.