The Surface Transportation Board (STB) on Sept. 8 granted an Association of American Railroads (AAR) petition to open a proceeding to consider revisions to the Board’s regulations governing ex parte communications. Ex parte is a Latin term meaning “from one side only” or “for one party.” In legal matters, it refers to actions or communications that happen without the involvement or knowledge of all parties.
In Docket No. EP 782, PETITION FOR RULEMAKING—AMENDMENTS TO REGULATIONS GOVERNING EX PARTE COMMUNICATIONS (download below), STB concluded that “a proceeding should be opened to consider changes to the rules governing ex parte communications,” granting AAR’s petition “to the extent that it requests that the Board open a proceeding.” STB noted that it “makes no determination regarding the merits of the petition.”
AAR filed its petition May 16, 2025, contendingthat revisions to the Board’s regulations “will improve stakeholder engagement and make it easier for the agency to process matters efficiently while maintaining transparency and fairness.” The AAR asserted that each of its petition proposals “is consistent with practices at other federal agencies.” STB received replies to AAR’s petition June 5, 2025, from the Private Railcar Food and Beverage Association (PRFBA) and the Freight Rail Customer Alliance (FRCA) opposing the petition, arguing that “AAR’s proposal is unnecessary and likely to reduce transparency in Board proceedings.”
Prior to granting AAR’s petition, STB T conducted several listening sessions with practitioners, led by Vice Chairman Michelle Schultz, that generated recommendations for streamlining the Board’s processes and procedures for ex parte communications. “AAR’s proposal thus raises issues that the agency has already begun to explore and the Board concludes that it is appropriate to open a rulemaking proceeding to consider the petition and the responses,” STB said. “Accordingly, to the extent that it requests that the Board open a proceeding, the Board will grant AAR’s petition to institute a rulemaking proceeding… In view of the feedback received during the practitioner listening sessions, the Board also anticipates inviting the public to comment on other ways the Board’s rules on ex parte communications could be modified. The Board will establish procedures for public comment in a subsequent decision.”
