Broker and Freight Forwarder Financial Responsibility, 14323-14324 [2023-04716]

Download as PDF lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Proposed Rules comments from the public to better inform its regulatory process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov. As described in the system of records notice DOT/ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed at https://www.transportation.gov/ individuals/privacy/privacy-act-systemrecords-notices, the comments are searchable by the name of the submitter. with the 2023 MATS conference. Therefore, FMCSA believes it is in the interest of the public to reopen the comment period so FMCSA may consider comments on the guidance made at the session and for a short period thereafter. Accordingly, FMCSA is reopening the comment period on the date of the session, March 31, 2023, and will accept additional comments until April 6, 2023. Issued under authority delegated in 49 CFR 1.87. II. Background The November 16, 2022, notification of interim guidance (87 FR 68635) requested comment on FMCSA’s interpretation of the term broker, which is defined in 49 CFR 371.2(a) as a ‘‘person who, for compensation, arranges, or offers to arrange, the transportation of property by an authorized motor carrier. Motor carriers, or persons who are employees or bona fide agents of carriers, are not brokers within the meaning of this section when they arrange or offer to arrange the transportation of shipments which they are authorized to transport and which they have accepted and legally bound themselves to transport.’’ The interim guidance also requested comment on FMCSA’s interpretation of the term bona fide agent, which is defined as ‘‘persons who are part of the normal organization of a motor carrier and perform duties under the carrier’s directions pursuant to a preexisting agreement which provides for a continuing relationship, precluding the exercise of discretion on the part of the agent in allocating traffic between the carrier and others’’ (49 CFR 371.2(b)). Section 23021 of the IIJA (Pub. L. 117–58, 135 Stat. 429) directed the Secretary (through FMCSA) to issue this guidance, taking into consideration the extent to which technology has changed the nature of freight brokerage, the role of bona fide agents, and other aspects of the freight transportation industry. Additionally, when issuing the guidance, Congress directed that FMCSA must, at a minimum: (1) examine the role of a dispatch service in the transportation industry; (2) examine the extent to which dispatch services could be considered brokers or bona fide agents; and (3) clarify the level of financial penalties for unauthorized brokerage activities under 49 U.S.C. 14916, applicable to a dispatch service (87 FR 68635). The comment period for the interim guidance closed on January 17, 2023. However, FMCSA will host a public listening session on issues related to brokers on March 31, 2023, concurrent Robin Hutcheson, Administrator. VerDate Sep<11>2014 16:35 Mar 07, 2023 Jkt 259001 [FR Doc. 2023–04717 Filed 3–7–23; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 386 and 387 [Docket No. FMCSA–2016–0102] RIN 2126–AC10 Broker and Freight Forwarder Financial Responsibility Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM); extension of comment period. AGENCY: FMCSA is extending the comment period for its January 5, 2023, NPRM proposing rules to regulate broker and freight forwarder financial responsibility in five separate areas: Assets readily available; immediate suspension of broker/freight forwarder operating authority; surety or trust responsibilities in cases of broker/ freight forwarder financial failure or insolvency; enforcement authority; and entities eligible to provide trust funds for form BMC–85 trust fund filings. As originally published in the NPRM, the deadline for comments was March 5, 2023. However, FMCSA is extending this comment period to April 6, 2023, in anticipation of a public listening session allowing comments on this topic. The session will be hosted by FMCSA at 10:00 a.m. on March 31, 2023, in Louisville, KY, and held concurrently with the Mid America Trucking Show (MATS). Anyone wishing to attend can register at: https://www.eventbrite.com/ e/fmcsa-session-2-broker-regulatorysession-tickets-549535173497. In addition, a transcript of the public listening session will be placed in the rulemaking docket. SUMMARY: PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 14323 The comment period for the NPRM published January 5, 2023, at 88 FR 830 is extended by 31 days. Comments must be received on or before April 6, 2023. ADDRESSES: You may submit comments identified by Docket Number FMCSA2016–0102 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/ FMCSA-2016-0102/document. Follow the online instructions for submitting comments. • Mail: Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366–9826 before visiting Dockets Operations. • Fax: (202) 493–2251. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey L. Secrist, Chief, Registration, Licensing, and Insurance Division, Office of Registration, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590–0001; (202) 385–2367; Jeff.Secrist@dot.gov. If you have questions on viewing or submitting material to the docket, call Dockets Operations at (202) 366–9826. SUPPLEMENTARY INFORMATION: DATES: I. Public Participation and Request for Comments A. Submitting Comments If you submit a comment, please include the docket number for this NPRM (FMCSA–2016–0102) and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to https://www.regulations.gov/docket/ E:\FR\FM\08MRP1.SGM 08MRP1 14324 Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Proposed Rules FMCSA-2016-0102/document, click on this NPRM, click ‘‘Comment,’’ and type your comment into the text box on the following screen. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. FMCSA will consider all comments and material received during the comment period. Confidential Business Information (CBI) lotter on DSK11XQN23PROD with PROPOSALS1 CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to the NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to the NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission that constitutes CBI as ‘‘PROPIN’’ to indicate it contains proprietary information. FMCSA will treat such marked submissions as confidential under the Freedom of Information Act, and they will not be placed in the public docket of the NPRM. Submissions containing CBI should be sent to Mr. Brian Dahlin, Chief, Regulatory Evaluation Division, VerDate Sep<11>2014 16:35 Mar 07, 2023 Jkt 259001 Office of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590–0001 at brian.g.dahlin@dot.gov. At this time, you need not send a duplicate hardcopy of your electronic CBI submissions to FMCSA headquarters. Any comments FMCSA receives not specifically designated as CBI will be placed in the public docket for this rulemaking. commenter provides, to www.regulations.gov. As described in the system of records notice DOT/ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed at https://www.transportation.gov/ individuals/privacy/privacy-act-systemrecords-notices, the comments are searchable by the name of the submitter. B. Viewing Comments and Documents The January 5, 2023, NPRM (88 FR 830) requested public comment in five separate areas: Assets readily available; immediate suspension of broker/freight forwarder operating authority; surety or trust responsibilities in cases of broker/ freight forwarder financial failure or insolvency; enforcement authority; and entities eligible to provide trust funds for form BMC–85 trust fund filings. The comment period for the NPRM is scheduled to expire on March 6, 2023. FMCSA believes it is in the interest of the public to allow for public comment on this proposal at a public listening session, which will be held at 10:00 a.m. on Friday, March 31, 2023. Accordingly, FMCSA extends the comment period for all comments on the NPRM and its related documents until April 6, 2023. Issued under authority delegated in 49 CFR 1.87. To view any documents mentioned as being available in the docket, go to https://www.regulations.gov/docket/ FMCSA-2016-0102/document and choose the document to review. To view comments, click this NPRM, then click ‘‘Browse Comments.’’ If you do not have access to the internet, you may view the docket online by visiting Dockets Operations in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366– 9826 before visiting Dockets Operations. C. Privacy In accordance with 49 U.S.C. 13301(a) and 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its regulatory process. DOT posts these comments, without edit, including any personal information the PO 00000 Frm 00029 Fmt 4702 Sfmt 9990 II. Background Robin Hutcheson, Administrator. [FR Doc. 2023–04716 Filed 3–7–23; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\08MRP1.SGM 08MRP1

Agencies

[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Proposed Rules]
[Pages 14323-14324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04716]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 386 and 387

[Docket No. FMCSA-2016-0102]
RIN 2126-AC10


Broker and Freight Forwarder Financial Responsibility

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM); extension of comment 
period.

-----------------------------------------------------------------------

SUMMARY: FMCSA is extending the comment period for its January 5, 2023, 
NPRM proposing rules to regulate broker and freight forwarder financial 
responsibility in five separate areas: Assets readily available; 
immediate suspension of broker/freight forwarder operating authority; 
surety or trust responsibilities in cases of broker/freight forwarder 
financial failure or insolvency; enforcement authority; and entities 
eligible to provide trust funds for form BMC-85 trust fund filings. As 
originally published in the NPRM, the deadline for comments was March 
5, 2023. However, FMCSA is extending this comment period to April 6, 
2023, in anticipation of a public listening session allowing comments 
on this topic. The session will be hosted by FMCSA at 10:00 a.m. on 
March 31, 2023, in Louisville, KY, and held concurrently with the Mid 
America Trucking Show (MATS). Anyone wishing to attend can register at: 
https://www.eventbrite.com/e/fmcsa-session-2-broker-regulatory-session-tickets-549535173497. In addition, a transcript of the public listening 
session will be placed in the rulemaking docket.

DATES: The comment period for the NPRM published January 5, 2023, at 88 
FR 830 is extended by 31 days. Comments must be received on or before 
April 6, 2023.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2016-0102 using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2016-0102/document. Follow the online 
instructions for submitting comments.
     Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: Dockets Operations, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, West Building, 
Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. To be sure 
someone is there to help you, please call (202) 366-9317 or (202) 366-
9826 before visiting Dockets Operations.
     Fax: (202) 493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey L. Secrist, Chief, 
Registration, Licensing, and Insurance Division, Office of 
Registration, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001; (202) 385-2367; [email protected]. If you have questions on 
viewing or submitting material to the docket, call Dockets Operations 
at (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
NPRM (FMCSA-2016-0102) and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online or by 
fax, mail, or hand delivery, but please use only one of these means. 
FMCSA recommends that you include your name and a mailing address, an 
email address, or a phone number in the body of your document so FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to https://www.regulations.gov/
docket/

[[Page 14324]]

FMCSA-2016-0102/document, click on this NPRM, click ``Comment,'' and 
type your comment into the text box on the following screen.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing.
    FMCSA will consider all comments and material received during the 
comment period.
Confidential Business Information (CBI)
    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. 
If your comments responsive to the NPRM contain commercial or financial 
information that is customarily treated as private, that you actually 
treat as private, and that is relevant or responsive to the NPRM, it is 
important that you clearly designate the submitted comments as CBI. 
Please mark each page of your submission that constitutes CBI as 
``PROPIN'' to indicate it contains proprietary information. FMCSA will 
treat such marked submissions as confidential under the Freedom of 
Information Act, and they will not be placed in the public docket of 
the NPRM. Submissions containing CBI should be sent to Mr. Brian 
Dahlin, Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 
1200 New Jersey Avenue SE, Washington, DC 20590-0001 at 
[email protected]. At this time, you need not send a duplicate 
hardcopy of your electronic CBI submissions to FMCSA headquarters. Any 
comments FMCSA receives not specifically designated as CBI will be 
placed in the public docket for this rulemaking.

B. Viewing Comments and Documents

    To view any documents mentioned as being available in the docket, 
go to https://www.regulations.gov/docket/FMCSA-2016-0102/document and 
choose the document to review. To view comments, click this NPRM, then 
click ``Browse Comments.'' If you do not have access to the internet, 
you may view the docket online by visiting Dockets Operations in Room 
W12-140 on the ground floor of the DOT West Building, 1200 New Jersey 
Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. To be sure someone is there to 
help you, please call (202) 366-9317 or (202) 366-9826 before visiting 
Dockets Operations.

C. Privacy

    In accordance with 49 U.S.C. 13301(a) and 5 U.S.C. 553(c), DOT 
solicits comments from the public to better inform its regulatory 
process. DOT posts these comments, without edit, including any personal 
information the commenter provides, to www.regulations.gov. As 
described in the system of records notice DOT/ALL 14 (Federal Docket 
Management System (FDMS)), which can be reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of the submitter.

II. Background

    The January 5, 2023, NPRM (88 FR 830) requested public comment in 
five separate areas: Assets readily available; immediate suspension of 
broker/freight forwarder operating authority; surety or trust 
responsibilities in cases of broker/freight forwarder financial failure 
or insolvency; enforcement authority; and entities eligible to provide 
trust funds for form BMC-85 trust fund filings.
    The comment period for the NPRM is scheduled to expire on March 6, 
2023. FMCSA believes it is in the interest of the public to allow for 
public comment on this proposal at a public listening session, which 
will be held at 10:00 a.m. on Friday, March 31, 2023. Accordingly, 
FMCSA extends the comment period for all comments on the NPRM and its 
related documents until April 6, 2023.
    Issued under authority delegated in 49 CFR 1.87.

Robin Hutcheson,
Administrator.
[FR Doc. 2023-04716 Filed 3-7-23; 8:45 am]
BILLING CODE 4910-EX-P

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