Banning Backroom Rail Whispers? Board Ponders Ex Parte Rule Tweaks
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 money by cutting down confusing back-and-forth.
Analyzed Economic Effects
6 provisions identified: 4 benefits, 0 costs, 2 mixed.
Routine procedural contacts allowed
The Board is considering an explicit rule change to say routine, procedural, and status questions about a case are not banned as ex parte communications. If adopted, this would make it clearer when you can ask simple procedural questions without triggering the ex parte rules.
Technical clarifications with staff allowed
The Board is exploring a rule to allow brief technical and clarifying communications with Board staff about submitted evidence and compliance with orders, as long as the meetings are documented under 49 CFR 1102.2(g)(4). This change is aimed at letting staff resolve narrow technical questions quickly instead of requiring motions and written rulings.
Meetings with staff in rulemakings considered
The Board is considering allowing the public to request ex parte meetings directly with Board staff during informal rulemakings, subject to the same public disclosure rules that apply to meetings with Board members. The Board also notes this could improve efficiency but might increase the number of contacts and raise fairness concerns.
Case-by-case timing for ex parte windows
The Board is exploring letting the end date for ex parte meetings in informal rulemakings be set on a case-by-case basis, which could mean the end date falls before or after the deadline for reply comments. The Board says it could also set additional deadlines for replies to meeting summaries to preserve fairness.
Merger ex parte prohibition remains
The Board will not broadly permit ex parte communications in merger proceedings involving Class I railroads and will keep its long-standing Fieldston policy in place, though parties can still seek a case-by-case waiver. The Board cites transparency, fairness, and statutory timelines as reasons for retaining the general prohibition.
No change for one-party proceedings
The Board decided it will not amend the rules to expressly allow ex parte communications in uncontested proceedings with only one party. The Board says communications with a sole filer do not fit the definition of ex parte, and it will consider comments on whether language changes would still help clarify the point.
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Key Dates
Department and Agencies
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