Reunião de Diretoria nº 1030 - 09/04/2026

Meeting Opening and Agenda Overview

Introduction of Participants

• The meeting is opened by Felipe Quelço, acknowledging directors and attendees including Renata Teixeira and Rafaela.

Meeting Details

• This is the 1030th meeting of the collegiate board, conducted via videoconference and streamed live on YouTube. The agenda was made available on the agency's website.

Absence Notification

• Director Alex Azevedo's absence is noted as justified before proceeding with the agenda items.

Discussion on Regulatory Measures

Item 1: Transportation Services Regulation

• The first item discussed pertains to transportation services regulations, specifically resolutions NTT numbers 6077 and 6078 from March 24, 2026. These relate to regulatory measures outlined in provisional measure number 1343 from March 19, 2026.

Purpose of Resolutions

• The resolutions aim to update existing regulations regarding minimum pricing policies for road freight transport services based on recent legislative changes.

Implementation Challenges and Regulatory Enforcement

Need for Strengthened Enforcement

• There has been a significant increase in electronic inspections; however, non-compliance among certain agents remains an issue that necessitates urgent regulatory action. Provisional measure number 1343 established a deadline for compliance strategies by March 25, 2026.

Use of Internal Regulations

• Due to urgency, internal regulation article 58 was invoked to expedite decision-making aligned with the collegiate board's prior agreement. Proposals were developed by SUROC with legal validation for immediate implementation without extensive impact analysis due to legal obligations.

Key Highlights of New Regulations

Major Changes Introduced

• Key highlights include:

• Cautionary suspension criteria for national cargo transport registration based on repeated violations.

• Universalization of the Transport Operation Code (COT) for all transport operations to enhance traceability.

• Adjustments in enforcement parameters targeting top offenders within minimum pricing policies to ensure system sustainability and public policy effectiveness within legal timelines.

Voting Process and Acknowledgments

Voting Procedure Initiation

• After presenting the item details, directors are invited to express their opinions or vote; no objections are raised initially leading into voting procedures.

Supportive Remarks from Directors

• Director Felipe Queiroz expresses support for the relator’s decisions while commending leadership during this sensitive topic requiring urgent management solutions that benefit public interest through effective agency actions involving multiple departments like SUR and federal prosecution efforts in publishing necessary acts promptly.

Commitment to Public Policy and Agency Efficiency

Acknowledgment of Efforts

• The speaker emphasizes the dedication shown by the team, working late into the night to ensure timely responses, reflecting a strong commitment to public policy.

• Recognition is given to Director Felipe Queiroz for his leadership and competence in managing complex tasks effectively.

Support from Leadership

• Director Lucas Aspon expresses support for the leadership demonstrated in handling urgent matters, reiterating previous acknowledgments of effective management.

• Director Alessandro Balgartninho commends the agency's quick and assertive actions, highlighting its attentiveness to societal needs during critical times.

Importance of Administrative Support

• The role of the General Secretariat is acknowledged for its silent yet efficient work that facilitates decision-making processes within the agency.

Overview of Infrastructure Concession Process

Proposal Submission

• Introduction of item 1.2 regarding the final report on public participation related to extending a concession contract with Ferrovia Centroatlântica.

Public Participation Details

• The proposal includes approval of public participation report number 2/2020 and outlines extensive social engagement through hybrid sessions with over 1000 contributions received.

Regulatory Compliance

• The participatory process adhered to current regulations, ensuring transparency and legitimacy through thorough analysis and incorporation of public feedback into final documents.

Technical Aspects of Contract Extension

Contractual Restructuring

• The proposed extension is characterized as a comprehensive restructuring rather than just an extension, incorporating innovative financial mechanisms and governance improvements.

Operational Efficiency Enhancements

• Significant advancements are noted in operational efficiency, safety standards, and socio-environmental sustainability as part of this restructured contract approach.

Key Metrics on Concession Changes

• Current infrastructure spans 7,200 km with plans for returning 3,100 km while maintaining a contract covering 4,100 km under FCA’s management.

Financial Implications and Future Directions

Indemnification Plans

• An indemnity amounting to R$4.22 billion will be allocated for compensating returned segments back to the granting authority.

Ongoing Maintenance Commitments

• Continued investment in maintaining key corridors such as Minas Bahia is planned alongside modernization efforts over three years.

Investment in Railway Infrastructure

Overview of Investment Plans

• The project involves over 24 billion in investments aimed at expanding and enhancing the railway network's capacity.

• In the AP of 2024, only 44 projects were previously addressed; now, there are over 800 interventions proposed to resolve urban conflicts and meet state and municipal demands.

Key Projects Highlighted

• Notable projects include:

• Marechal Hermes Bridge in Tripirapó, Minas Gerais.

• Underpass in Arcos, Minas Gerais.

• Access improvements to Gerat Port and Santa Luzia Bridge.

Safety and Operational Enhancements

• Focus on urban conflict resolution aims to improve coexistence between cities and railways while enhancing safety measures to reduce accidents.

• Significant OPEX value reported at approximately 38 billion, with a WCC of 13.87% allocated for these investments.

Legal Framework and Compliance

Regulatory Process Insights

• The Federal Attorney's Office confirmed the legality of the process regarding the amendment term draft, emphasizing adherence to technical recommendations for improved contractual modeling.

• Adjustments made focus on legal compliance, clarity of clauses, and risk distribution to enhance legal security within the project framework.

Interoperability Improvements

• Proposed enhancements aim for efficient use of railway infrastructure by allowing third-party contributions through feasibility studies from public or private entities.

Stakeholder Engagement and Project Evolution

Importance of Stakeholder Collaboration

• The project is crucial for states like Minas Gerais, Bahia, São Paulo, Espírito Santo, and Goiás due to its significant investment magnitude and territorial reach.

Historical Context

• This initiative represents an evolution in early renewals since its first request in 2015. It reflects a collaborative effort among various governmental bodies including the Ministry of Transport.

Project Maturity and Acknowledgments

Progress Over Time

• Since public hearings in late 2020 revealed gaps in meeting public expectations for railway transport evolution, substantial progress has been made towards developing a comprehensive project plan.

Recognition of Contributions

• Acknowledgment given to technical teams led by Marcelo Fonseca for their efforts in refining this mature project that addresses current railway challenges effectively.

Discussion on Infrastructure Renewal Process

Acknowledgment of Contributions

• Fortunato expresses gratitude towards his advisory team, highlighting their significant contributions to the legal rigidity of the process.

• He acknowledges Gilson and Jean for their roles, noting Jean's early involvement in the renewal process since 2015.

Importance of Collaboration

• Emphasizes the collective effort and excellence in technical contributions that led to a mature dialogue throughout the process.

• Fortunato calls for approval of the final report from public hearing number 12 of 2020, indicating it marks an important step in social participation and oversight.

Voting Process Initiation

• The voting is opened after confirming no further comments from directors; Director Felipe Queiroz indicates his support for Fortunato’s vote.

Complexity and Maturity of Governance

• Queiroz discusses the unique aspects of this infrastructure project, particularly its complexity and governance maturity within Brazil's transport sector.

• He reflects on past roles played by various individuals involved in this long-term project since its inception around 2015.

Financial Insights

• Highlights significant financial figures: a total investment estimated at 60 billion with projected revenues of 92.5 billion over the contract's lifespan.

Regulatory Aspects

• Discusses regulatory frameworks, mentioning a risk level assessment (level two), which indicates manageable risk under current economic conditions.

Recent Adjustments and Compliance

• Notes recent adjustments made to revenue-sharing percentages as per new regulations, emphasizing compliance with updated standards.

Conclusion on Project Significance

• Stresses the importance of ongoing improvements within regulatory processes while addressing challenges associated with large-scale infrastructure projects across multiple states.

Community Engagement

• Mentions community interest in following the voting process via YouTube, hinting at broader public engagement regarding national railway investments.

Discussion on Railway Safety and Project Maturity

Overview of Director Contributions

• Director Lucas Ason expresses that there is nothing to add after the comprehensive vote from the General Director, emphasizing the importance of project maturity.

• Director Alessandro Balgarten supports the previous votes and highlights significant numbers related to safety interventions in urban railway areas.

Key Insights on Safety Interventions

• Over 900 interventions are planned for enhancing safety at railway crossings in urban areas, indicating a substantial investment and agency maturity regarding railway safety.

• The director notes that minimizing conflicts between trains and people is crucial, as they often do not coexist well in shared spaces.

Historical Context and Stakeholder Engagement

• Reference to past challenges when presenting projects, highlighting improved collaboration among stakeholders today compared to earlier proposals that did not address public interests adequately.

• Emphasis on integrating various transport modes (roadways, railways, ports), with a focus on ensuring road safety as part of ongoing discussions.

Project Approval Process

• The discussion transitions towards proclaiming results; acknowledgment of contributions from women in the railway sector is made by Dr. Felipe.

• The project receives unanimous approval, marking a significant milestone in its development process.

Introduction to New Topics

• Transitioning into new items for discussion led by Director Felipe Queiroz regarding regulatory methodologies for calculating railway saturation indices.

• Director Felipe acknowledges his colleagues and emphasizes the importance of historical context before detailing his vote on the Index of Saturation Railway (ISF).

This structured summary captures key discussions around railway safety initiatives, stakeholder engagement, project approvals, and future topics while providing timestamps for easy reference.

Discussion on Infrastructure and Regulatory Framework

Importance of Operational Conditions

• The absence of director Alex is noted, who typically raises relevant issues regarding operational conditions.

• Emphasis on the need for regulatory frameworks that allow third-party access to integrated logistics networks rather than isolated corridors.

Infrastructure Challenges

• Highlighting the necessity of adequate infrastructure; saturation limits new operations from entering established logistical corridors.

• The ISF (Infrastructure Saturation Factor) addresses these challenges by monitoring and providing indices for agency oversight.

Regulatory Process and Evidence-Based Regulation

• Discussion on the procedural aspects of implementing regulations through normative instructions, detailing step-by-step processes for agencies.

• Acknowledgment that developing effective regulation is complex, requiring a balance between evidence-based approaches and learning from past errors.

Recent Developments in Railway Operations

• Recent discussions have been prompted by requests related to early extensions of railway contracts, specifically concerning Ferro Carajás and Vitória Minas until December 2024.

• The need to adjust ISF criteria due to concerns about short-term saturation calculations not accurately reflecting seasonal variations was raised.

Proposed Adjustments to ISF Calculations

• Introduction of a three-year moving average for evaluating saturation levels across segments, aiming for more accurate assessments over time.

• Internal discussions led to recommendations for careful regulatory pathways involving social participation and impact analysis before finalizing adjustments.

Stakeholder Engagement in Regulatory Development

Consultation Process Overview

• The normative proposal underwent internal technical consultation and participatory meetings, with significant external contributions received from various stakeholders including concessionaires and user associations.

Significance of Stakeholder Contributions

• A total of 78 external contributions were documented during consultations, indicating broad engagement in refining the proposed regulations surrounding ISF adjustments.

Understanding the Role of ISF in Capacity Expansion

Mechanism Overview

• The ISF serves as a key mechanism for tracking railway capacity saturation under concession agreements, influencing investment decisions aimed at expanding capacity based on real-time data rather than static projections.

Methodological Considerations

• Discussion touches upon methodological choices regarding observation periods necessary for understanding railway dynamics without delving into intricate details at this stage; further information will be made available later.

Discussion on Regulatory Improvements in the Railway Sector

Overview of Proposed Changes

• The discussion centers around a three-year vision for regulatory improvements, transitioning to an annual moving average as proposed by concessionaires.

• Initial proposals included a quadrimestral moving average; however, after extensive discussions and simulations, a semiannual moving average was adopted.

Key Mechanisms Introduced

• Introduction of two triggers for investment activation:

• Existing trigger at 90% saturation remains.

• New trigger at 80% saturation requires technical solutions to be prepared before reaching critical capacity levels.

• The aim is to prevent infrastructure bottlenecks by ensuring that solutions are ready before capacity limits are reached.

Innovations in Regulation

• Implementation of incentive mechanisms such as "take or pay" contracts, which allow agency participation in managing railway slots if investments do not materialize upon reaching the 90% saturation threshold.

• These methodological enhancements are seen as significant innovations for the sector, promoting proactive measures against potential capacity issues.

Stakeholder Engagement and Oversight

• Emphasis on capturing formal complaints regarding network saturation and third-party access issues, highlighting the importance of stakeholder engagement in regulatory processes.

• Introduction of a Sunset Clause allowing for re-evaluation or formal review of regulations within 36 months to ensure ongoing relevance and effectiveness.

Conclusion and Approval Process

• The speaker expresses confidence that the new normative framework represents a reasonable approach to improving railway sector regulation through adjusted ISF (Infrastructure Saturation Factor).

• A vote is called for approval with proposed enhancements aimed at establishing effective monitoring parameters for railway saturation indices under concession contracts.

Support from Directors

• Director Lucas Ason supports the relator's proposal without reservations.

• Director Alessandro Balgarten emphasizes the importance of using ISF as an effective regulatory planning tool to enhance railway service efficiency while preventing future bottlenecks.

Acknowledgments

• Recognition given to key individuals who contributed significantly during the development process, underscoring teamwork and collaboration within regulatory efforts.

Discussion on Regulatory Improvements and Voting Process

Importance of Legal Contributions

• The legal team provided significant insights, emphasizing the importance of conducting discussions around regulatory matters effectively.

• Acknowledgment of contributions from various stakeholders is crucial for transparency and recognition in the decision-making process.

Clarity and Technicality in Voting

• The speaker commends the clarity and technical precision of the voting process, highlighting its complexity and the successful harmonization of diverse viewpoints.

• Emphasis on user-centric regulations aims to enhance competitiveness within Brazil's railway sector, ensuring efficiency both internally and externally.

Acknowledgment of Team Efforts

• Recognition is given to key individuals involved in delivering important regulatory norms, showcasing teamwork and dedication throughout the process.

Approval Process Overview

• The item was unanimously approved, with a note that another item was postponed due to an absence; transparency about future sessions is maintained.

Future Sessions and Competitive Processes

• Anticipation for an extraordinary session aimed at publishing a competitive bidding process for a specific highway concession scheduled for July 2026.

• Closing remarks indicate no further business was pending, concluding the meeting efficiently.