AAR and STB offer differing views on two final adopted final rules

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STB said that the two final rules are comprised are a voluntary arbitration program, as well as a new procedure for rate challenges, known as a Final Offer Rate Review (FORR). STB initially introduced FORR in September 2019, in a notice of proposed rulemaking (NPRM), saying, at the time, that FORR utilizes procedural limitations to constrain the cost and complexity of a rate case, which would include principle-based, non-prescriptive criteria to allow for innovation with respect to rate review methodologies.

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