Surface Board Considers Fixing Secret Railroad Communications Rules
Published Date: 4/14/2026
Proposed Rule
Summary
The Surface Transportation Board is thinking about changing the rules on secret talks during cases, called ex parte communications. These changes could affect railroads, customers, and anyone involved in these cases by making the process clearer and fairer. People have until May 29, 2026, to share their thoughts, and these updates might save time and reduce confusion without extra costs.
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Analyzed Economic Effects
6 provisions identified: 3 benefits, 1 costs, 2 mixed.
Routine Procedural Questions Allowed
The Board is considering adding text to say routine, procedural communications and status requests are not banned as ex parte. The change would clarify what “routine” and “procedural” mean so stakeholders can more easily ask basic questions without fear of violating the ex parte rule.
Technical Q&A with Staff May Be Permitted
The Board is exploring allowing brief ex parte technical and clarifying communications with Board staff about submitted evidence or complying with orders, subject to the disclosure process in 49 CFR 1102.2(g)(4). The Board says this could reduce motions and written decisions and save time in proceedings.
Meetings with Staff in Rulemakings Considered
The Board is considering letting stakeholders request ex parte meetings directly with Board staff (not just Board Members) during informal rulemakings, subject to the same disclosure rules in 49 CFR 1102.2(g)(4). The Board notes this could improve efficiency but may increase the number of ex parte contacts and raise fairness concerns.
Timing for Rulemaking Meetings May Be Flexible
The Board is exploring allowing the end date for ex parte meetings in informal rulemakings to be set case-by-case, which could be before or after the reply-comment deadline. The Board says it could also set additional reply deadlines for meeting summaries to protect fairness.
No Broad Change for One-Party or Class I Merger Ex Parte
The Board will not revise rules to broadly allow ex parte communications in uncontested one-party proceedings or to permit ex parte communications across merger proceedings involving Class I railroads. The existing waiver process remains available for specific cases.
Staff Liaison and RCPA Contacts Remain Allowed
The Board clarifies that Office of Chief Counsel staff liaisons, RCPA (Rail Customer and Public Assistance), and OPAGAC interactions that provide informal, nonbinding guidance are not ex parte communications and may continue. The Board points to existing rules such as 49 CFR 1180.4(c)(6)(iii) for merger liaisons and RCPA handling.
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