STB Eyes Changes to Ex Parte Regs

Why It Matters

Modernizing ex parte rules could streamline rail industry proceedings while preserving transparency, directly affecting carriers, shippers, and regulators. The changes promise faster decision‑making and reduced compliance costs, impacting the broader transportation market.

Key Takeaways

• STB proposes clarifying “routine” and “procedural” ex parte communications.
• New rules could allow technical queries with staff, subject to disclosure.
• Stakeholders may request meetings with staff during informal rulemaking periods.
• Board may set case‑by‑case deadlines for ex parte meetings.
• Comments due May 29, 2026, will shape future rail regulatory framework.

Pulse Analysis

The Surface Transportation Board (STB) has opened a rulemaking docket to overhaul its ex parte communication regulations, a move sparked by a May 2025 petition from the Association of American Railroads. Ex parte contacts—direct talks with board members or staff about the merits of a case—are tightly restricted under 49 CFR §1102 to prevent undue influence. Yet the board acknowledges that limited, well‑documented exchanges can speed decision‑making and improve the factual record. By inviting public comment through May 29, 2026, the STB signals a willingness to balance transparency with operational efficiency.

The proposed amendments focus on four practical tweaks. First, the board would define “routine” and “procedural” communications, permitting routine administrative queries without triggering disclosure burdens. Second, it would allow technical or clarifying questions about evidence, provided they are logged under the existing §1102.2(g)(4) reporting requirement. Third, stakeholders could request meetings with board staff during informal rulemaking windows, mirroring the current allowance for board‑member meetings. Finally, the agency seeks flexibility to set case‑by‑case cut‑off dates for ex parte sessions, rather than a fixed 20‑day deadline, aiming to accommodate complex rulemaking timelines.

If adopted, these changes could reshape how rail carriers, shippers, and advocacy groups interact with the STB. Faster access to staff expertise may reduce the need for lengthy formal filings, cutting legal costs and accelerating approvals for mergers, service changes, or safety initiatives. However, expanded access raises fairness concerns; the board’s disclosure mandate will be critical to preserving a level playing field. Industry participants are urged to submit detailed suggestions on definitions, safeguards, and reporting formats before the May 29 deadline, as their input will directly influence the next generation of rail regulatory policy.