Proposed Amendments to Ex Parte Communications Regulations
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The Surface Transportation Board is considering changes to its rules on ex parte communications to make procedures clearer and potentially more efficient. These changes could affect stakeholders in the transportation industry and those engaged in proceedings with the Board. The Board is seeking public comments on these potential amendments, aiming to balance the benefits of improved communication with fairness and transparency.
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Key Changes
- Clarification on routine procedural communications
- Permitting ex parte communications in certain technical and clarifying contexts
- Revising timing and delegation rules for ex parte meetings in informal rulemakings
Obligations
What this law requires
Submit comments on proposed amendments to ex parte communications rules to the Surface Transportation Board by May 29, 2026, via e-filing or in writing to: Surface Transportation Board, Attn: Docket No. EP 782, 395 E Street SW, Washington, DC 20423-0001.
Refrain from making ex parte communications with Board members and staff concerning the merits or substantive outcome of pending proceedings without notice to all parties and opportunity for all parties to be present, except as specifically exempted under 49 CFR 1102.2(b)-(g).
Provide prompt written, public disclosure of the substance of ex parte communications made during permitted ex parte meetings conducted between issuance of a Notice of Proposed Rulemaking and 20 days before the reply comment deadline.
Schedule all ex parte meetings with a Board member's office, with acknowledgment that Board members may delegate participation to Board staff.
Comply with sanctions for violations of ex parte communication prohibitions as specified in 49 CFR 1102.2(c) and (f).