Broker and Freight Forwarder Financial Responsibility; Extension of Compliance Date, 87532-87536 [2024-25517]
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Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Proposed Rules
new inspection of the project, adjust the
PHA’s score, or perform other
reexamination of information, as
appropriate in light of the nature of the
error that occurred. A new score will be
issued and an appropriate performance
designation made by HUD. HUD’s
decision on appeal of an assessment
score, or issuance of a troubled
performer designation will be final
agency action.
(2) HUD will issue a written decision
on all appeals made under this section.
■ 33. Revise § 902.111 to read as
follows:
§ 902.111 Remedies for troubled small
rural PHAs.
The remedies for small rural PHAs
with troubled public housing programs
that remain troubled under § 902.108
will be the same as those remedies for
PHAs assessed under PHAS as
described in § 902.83.
Dominique Blom,
General Deputy Assistant Secretary for Public
and Indian Housing.
[FR Doc. 2024–25469 Filed 11–1–24; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 386 and 387
[Docket No. FMCSA–2024–0280]
RIN 2126–AC76
Broker and Freight Forwarder
Financial Responsibility; Extension of
Compliance Date
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
FMCSA proposes to amend its
November 16, 2023, final rule, ‘‘Broker
and Freight Forwarder Financial
Responsibility,’’ by extending the
compliance date for certain provisions
from January 16, 2025, to January 16,
2026. This action is being proposed
because FMCSA has determined that
only its forthcoming online registration
system will be used to accept filings and
track notifications, and this
functionality will not be added to its
legacy systems. As the new system is
not expected to be available before
January 16, 2025, FMCSA proposes to
extend the compliance date to provide
regulated entities time to begin using
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SUMMARY:
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and familiarizing themselves with the
system before compliance is required.
DATES: Comments must be received on
or before November 19, 2024. Comments
should be limited to the proposed
change in the compliance date.
ADDRESSES: You may submit comments
identified by Docket Number FMCSA–
2024–0280 using any one of the
following methods:
• Federal Rulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Dockets Operations, U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Washington, DC 20590–
0001.
• Hand Delivery or Courier: Dockets
Operations, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, West Building, Ground
Floor, 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.
FOR FURTHER INFORMATION CONTACT: Ana
Alvarez, Financial Analyst, Office of
Registration, Financial Responsibility
Filings Division, FMCSA, 1200 New
Jersey Avenue SE, West Building, 6th
Floor, Washington, DC 20590; (202)
366–0401; ana.alvarez@dot.gov. If you
have questions on viewing or submitting
material to the docket, call Dockets
Operations at (202) 366–9826.
SUPPLEMENTARY INFORMATION: FMCSA
organizes this NPRM as follows:
I. Public Participation and Request for
Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy
II. Executive Summary
A. Purpose and Summary of the Regulatory
Action
B. Costs and Benefits
III. Abbreviations
IV. Legal Basis
V. Background
VI. Discussion of Proposed Rulemaking
VII. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and
Review), E.O. 13563 (Improving
Regulation and Regulatory Review), E.O.
14094 (Modernizing Regulatory Review),
and DOT Regulatory Policies and
Procedures
B. Regulatory Flexibility Act (Small
Entities)
C. Assistance for Small Entities
D. Unfunded Mandates Reform Act of 1995
E. Paperwork Reduction Act
F. E.O. 13132 (Federalism)
G. Privacy
H. E.O. 13175 (Indian Tribal Governments)
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I. National Environmental Policy Act of
1969
J. Rulemaking Summary
I. Public Participation and Request for
Comments
A. Submitting Comments
If you submit a comment, please
include the docket number for this
NPRM (FMCSA–2024–0280), indicate
the specific section of this document to
which your comment applies, 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/
FMCSA-2024-0280/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)
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 or via email at brian.g.dahlin@
dot.gov. At this time, you need not send
a duplicate hardcopy of your electronic
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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-2024-0280/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 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 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its regulatory process.
DOT posts these comments, 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-systemrecordsnotices. The comments are
posted without edit and are searchable
by the name of the submitter.
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II. Executive Summary
A. Purpose and Summary of the
Regulatory Action
FMCSA proposes to extend certain
compliance dates in the 2023 final rule,
‘‘Broker and Freight Forwarder
Financial Responsibility’’ (88 FR 78656,
Nov. 16, 2023), from January 16, 2025,
to January 16, 2026, creating a single
compliance date for all provisions in the
rule. This extension will ensure that
parties required to comply with the
regulations have sufficient opportunity
to register in the new system and begin
using it, and that FMCSA is able to
properly process and respond to such
filings. The provisions affected by this
extension are:
1. Immediate suspension of broker/
freight forwarder operating authority.
When a broker or freight forwarder’s
available financial security falls below
$75,000, FMCSA shall suspend its
operating authority registration.
2. Surety or trust responsibilities in
cases of broker/freight forwarder
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financial failure or insolvency. If a
surety/trustee becomes aware that a
broker or freight forwarder is
experiencing financial failure or
insolvency, it must notify FMCSA and
initiate cancelation of the financial
responsibility.
3. Enforcement authority and
penalties for financial responsibility
providers who do not comply with the
regulations. FMCSA is incorporating the
statutorily mandated penalties into its
regulations. After notice and an
opportunity for a hearing, surety
companies or financial institutions who
violate 49 CFR 387.307 will be ineligible
to provide financial responsibility for 3
years and may also be subject to a civil
penalty.
This extension is necessary so that
FMCSA can implement its new online
registration system and make it
available to entities required to register
and make filings in the system. This
extension is also intended to provide
users with an opportunity to begin
using, and become familiar with, the
new online registration system before
compliance with the system becomes
mandatory. The planned release for the
new modernized registration system is
2025.
B. Costs and Benefits
The 2023 Broker and Freight
Forwarder Financial Responsibility final
regulatory impact analysis (RIA)
estimated costs for compliance and
implementation among brokers, freight
forwarders, surety bond and trust fund
providers, and the Federal government.
This proposed rule would delay certain
provisions requiring filings in the online
registration system until January 16,
2026, resulting in all provisions of the
rule becoming effective at the same
time.
Despite the delayed compliance for
certain provisions, FMCSA finds that
the benefits stipulated in the 2023 final
rule remain unchanged by this proposed
rule. The provision mandating that
brokers and freight forwarders maintain
assets readily available in trust funds,
will still take effect as originally
scheduled, on January 16, 2026. Brokers
and freight forwarders, surety bond and
trust fund providers would incur cost
savings by not being required to file
documentation relating to certain other
provisions until January 16, 2026.
FMCSA would also incur cost savings in
delaying the enforcement of several
provisions of the 2023 final rule. In
conclusion, the Agency finds that this
proposed rule would maintain all
benefits and reduce costs by a de
minimis amount for all parties subject to
the 2023 final rule.
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III. Abbreviations
CBI Confidential Business Information
CE Categorical exclusion
CFR Code of Federal Regulations
DOT Department of Transportation
E.O. Executive Order
FMCSA Federal Motor Carrier Safety
Administration
FR Federal Register
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
PIA Privacy Impact Assessment
PII Personally Identifiable Information
PTA Privacy Threshold Assessment
RIA Regulatory Impact Analysis
URS Unified Registration System
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
IV. Legal Basis
The legal basis of the Broker and
Freight Forwarder Financial
Responsibility final rule, set forth at 88
FR 78658, also serves as the legal basis
for this NPRM. The statutory authority
identified in that discussion is 49 U.S.C.
13906, which contains requirements for
the financial security of brokers and
freight forwarders and directs the
Secretary to issue regulations to
implement and enforce these
requirements. Authority to carry out and
enforce these provisions has been
delegated to the Administrator of
FMCSA (49 CFR 1.87(a)(5)).
As discussed in the final rule, 49 CFR
387.403T(c) makes any requirements
applicable to broker of property surety
bonds and trust funds in § 387.307
applicable to the surety bond or trust
fund required of freight forwarders as
well.1 Therefore, any time this NPRM
refers to brokers, the same requirements
are also applicable to freight forwarders.
V. Background
On November 16, 2023, FMCSA
published a final rule adopting
regulations to implement 49 U.S.C.
13906(b) and (c) (88 FR 78656). The
final rule became effective 60 days later,
on January 16, 2024. However,
compliance with the provisions relating
to immediate suspension, financial
failure or insolvency, and penalties for
trust or surety providers who fail to
comply with the regulations is not
required until January 16, 2025, and full
compliance with all of the final rule’s
provisions is not required until 2 years
after the effective date, beginning on
January 16, 2026.
1 Although 49 CFR 387.403 is currently
suspended, it contains the same language making
§ 387.307 applicable to freight forwarders. Thus,
when the suspension is ultimately lifted, it will
have no effect on the analysis here.
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VI. Discussion of the Proposed
Rulemaking
FMCSA proposes to extend the
compliance date for the provisions of
the Broker and Freight Forwarder
Financial Responsibility rule relating to
immediate suspension, financial failure
or insolvency, and penalties for trust or
surety providers who fail to comply
with the regulations from January 16,
2025, to January 16, 2026, by amending
the expiration date of the temporary rule
governing current practices, § 387.307T,
and the compliance dates in § 387.307.
This extension will create a single
compliance date for all provisions in the
rule, allow FMCSA to implement the
new online registration system, and
ensure that filers are familiar with the
online registration system and able to
perform all duties mandated by the rule
prior to the compliance date.
The final rule discusses and requires
online filing of documents. FMCSA
always intended to build this
functionality into its forthcoming online
registration system.2 After engaging
with stakeholders and work developing
the new platform, the Agency has
determined that it would not be an
efficient use of resources to add the
functionality to the legacy registration
system. Instead, the Agency is focused
on implementing the new online
registration system and publishing the
NPRM concerning the new system, as
described in the Unified Agenda (see
Regulation Identification Number 2126–
AB56), as expeditiously as possible. By
extending the compliance date for the
Broker and Freight Forwarder Financial
Responsibility final rule, FMCSA
intends to allow the regulated
community sufficient time to begin
utilizing the new system and become
familiar with it before compliance is
required.
In addition, FMCSA finds that
without certain automated processes
currently under development in the new
system, effective compliance
management would be compromised.
Specifically, the Agency believes that
tracking and processing drawdown
notifications manually would be
inefficient, leading to delays, higher
administrative costs, and potential
compliance risks for both FMCSA and
the industry. The ability to efficiently
suspend the operating authority of
brokers and freight forwarders who fail
to maintain the required financial
security within the 7-day regulatory
time frame depends upon both the
regulated entities and the Agency being
able to utilize a fully functional online
2 See
88 FR 78657 and 78666, Nov. 16, 2023.
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filing system. For more detailed
information regarding the launching of
the new online registration system,
stakeholders are encouraged to visit
https://www.fmcsa.dot.gov/registration/
resources-hub.
For the reasons mentioned above, as
well as to provide the public with the
notice and opportunity for comment
required by the Administrative
Procedure Act (5 U.S.C. 553) FMCSA
proposes to extend the compliance date
for the provisions relating to immediate
suspension, financial failure or
insolvency, and penalties for trust or
surety providers who fail to comply
with the regulations. The new
compliance date, January 16, 2026,
would align with the date already set for
the other provisions in the rule.
VII. Regulatory Analyses
A. Executive Order (E.O.) 12866
(Regulatory Planning and Review), E.O.
13563 (Improving Regulation and
Regulatory Review), E.O. 14094
(Modernizing Regulatory Review), and
DOT Regulatory Policies and Procedures
FMCSA has considered the impact of
this NPRM under E.O. 12866 (58 FR
51735, Oct. 4, 1993), Regulatory
Planning and Review, as supplemented
by E.O. 13563 (76 FR 3821, Jan. 21,
2011), Improving Regulation and
Regulatory Review, and amended by
E.O. 14094 (88 FR 21879, Apr. 11,
2023), Modernizing Regulatory Review,
as well as the impact under DOT
regulatory policies and procedures
(DOT Order 2100.6A, dated June 7,
2021). This NPRM is not a significant
regulatory action under section 3(f) of
E.O. 12866, as amended. Accordingly,
OMB has not reviewed it under that
E.O.
B. Regulatory Flexibility Act (Small
Entities)
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.), as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996 3 requires Federal
agencies to consider the effects of the
regulatory action on small business and
other small entities and to minimize any
significant economic impact. The term
small entities comprises small
businesses and not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000 (5 U.S.C.
601(6)). Accordingly, DOT policy
requires an analysis of the impact of all
regulations on small entities, and
3 Public Law 104–121, 110 Stat. 857 (Mar. 29,
1996).
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mandates that agencies strive to lessen
any adverse effects on these businesses.
This proposed rule would extend the
compliance date for specific provisions
of the 2023 final rule, ‘‘Broker and
Freight Forwarder Financial
Responsibility,’’ to January 16, 2026.
The provisions already scheduled for
compliance on January 16, 2026, would
not be affected. The rule would impact
small entities such as surety bond and
trust fund providers, brokers, and
freight forwarders. The extension would
provide small entities with additional
time to register in the new online
registration system and understand its
operations and functionalities. By
delaying the submission of
documentation for certain provisions
until January 16, 2026, these entities
would also realize de minimis cost
savings.
Consequently, I certify that this action
would not have a significant economic
impact on a substantial number of small
entities.
C. Assistance for Small Entities
In accordance with section 213(a) of
the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub.
L. 104–121, 110 Stat. 857), FMCSA
wants to assist small entities in
understanding this proposed rule so
they can better evaluate its potential
effects on themselves and participate in
the rulemaking initiative. If the
proposed rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
Small businesses may send comments
on the actions of Federal employees
who enforce or otherwise determine
compliance with Federal regulations to
the Small Business Administration’s
Small Business and Agriculture
Regulatory Enforcement Ombudsman
(Office of the National Ombudsman, see
https://www.sba.gov/about-sba/
oversight-advocacy/office-nationalombudsman) and the Regional Small
Business Regulatory Fairness Boards.
The Ombudsman evaluates these
actions annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of FMCSA, call 1–888–REG–
FAIR (1–888–734–3247). DOT has a
policy regarding the rights of small
entities to regulatory enforcement
fairness and an explicit policy against
retaliation for exercising these rights.
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D. Unfunded Mandates Reform Act of
1995
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) (UMRA)
requires Federal agencies to assess the
effects of their discretionary regulatory
actions. The Act addresses actions that
may result in the expenditure by State,
local, or Tribal government, in the
aggregate, or by the private sector of
$200 million (which is the value
equivalent of $100 million in 1995,
adjusted for inflation to 2023 levels) or
more in any 1 year. This proposed rule
would not result in such an
expenditure, so the analytical
requirements of UMRA do not apply.
E. Paperwork Reduction Act
Due to the proposed change of
compliance date, the existing
Information Collection Requirements
pertaining to broker and freight
forwarder financial responsibilities
would be updated at a later date.
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F. E.O. 13132 (Federalism)
A rule has implications for federalism
under section 1(a) of E.O. 13132 if it has
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’
FMCSA has determined that this
proposal would not have substantial
direct costs on or for States, nor would
it limit the policymaking discretion of
States. Nothing in this document
preempts any State law or regulation.
Therefore, this proposal would not have
sufficient federalism implications to
warrant the preparation of a Federalism
Impact Statement.
G. Privacy
The Consolidated Appropriations Act,
2005,4 requires the Agency to assess the
privacy impact of a regulation that will
affect the privacy of individuals. This
NPRM would not change any previously
analyzed collections of personally
identifiable information (PII).
The Privacy Act (5 U.S.C. 552a)
applies only to Federal agencies and any
non-Federal agency that receives
records contained in a system of records
from a Federal agency for use in a
matching program.
The E-Government Act of 2002,5
requires Federal agencies to conduct a
PIA for new or substantially changed
technology that collects, maintains, or
4 Public Law 108–447, 118 Stat. 2809, 3268, note
following 5 U.S.C. 552a (Dec. 4, 2014).
5 Public Law 107–347, sec. 208, 116 Stat. 2899,
2921 (Dec. 17, 2002).
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disseminates information in an
identifiable form. No new or
substantially changed technology will
collect, maintain, or disseminate
information as a result of this proposed
rule. Accordingly, FMCSA has not
conducted a PIA for this proposed rule.
However, FMCSA will publish a PIA
and a System of Records Notice
covering all information that will be
collected in the new online registration
system.
In addition, the Agency submitted a
Privacy Threshold Assessment (PTA) to
evaluate the risks and effects the
proposed rulemaking might have on
collecting, storing, and sharing
personally identifiable information. The
PTA has been submitted to FMCSA’s
Privacy Officer for review and
preliminary adjudication and will be
submitted to DOT’s Privacy Officer for
review and final adjudication.
H. E.O. 13175 (Indian Tribal
Governments)
I. National Environmental Policy Act of
1969
FMCSA analyzed this proposed rule
pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and determined this action is
categorically excluded from further
analysis and documentation in an
environmental assessment or
environmental impact statement under
FMCSA Order 5610.1 (69 FR 9680),
appendix 2, paragraphs (6.k) and (6.q).
The categorical exclusions (CEs) in
paragraphs (6.k) and (6.q) cover broker
activities and implementation of record
preservation. The proposed
requirements in this rule are covered by
these CEs and do not have any effect on
the quality of the environment.
J. Rulemaking Summary
As required by 5 U.S.C. 553(b)(4), a
summary of this proposed rule can be
found on the FMCSA website at https://
www.fmcsa.dot.gov/regulations/brokerfreight-forwarder-compliance-dateextension and in the docket for this
rulemaking, which is available online at
www.regulations.gov.
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List of Subjects
49 CFR Part 386
Administrative practice and
procedure, Brokers, Freight forwarders,
Hazardous materials transportation,
Highway safety, Highway and roads,
Motor carriers, Motor vehicle safety,
Penalties.
49 CFR Part 387
Buses, Freight, Freight forwarders,
Hazardous materials transportation,
Highway safety, Insurance,
Intergovernmental relations, Motor
carriers, Motor vehicle safety, Moving of
household goods, Penalties, Reporting
and recordkeeping requirements, Surety
bonds.
For the reasons set forth in the
preamble, FMCSA proposes to amend
49 CFR parts 386 and 387 as follows:
PART 386—RULES OF PRACTICE FOR
FMCSA PROCEEDINGS
1. The authority citation for part 386
continues to read as follows:
■
This rulemaking does not have Tribal
implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
would not have a substantial direct
effect on one or more Indian Tribes, on
the relationship between the Federal
Government and Indian Tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian Tribes.
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Authority: 28 U.S.C. 2461 note; 49 U.S.C.
113, 1301 note, 31306a; 49 U.S.C. chapters 5,
51, 131–141, 145–149, 311, 313, and 315; and
49 CFR 1.81, 1.87.
2. Amend appendix B by revising and
republishing paragraph (g)(24) to read as
follows:
■
Appendix B to Part 386—Penalty
Schedule: Violations and Monetary
Penalties
*
*
*
(g) * * *
*
*
(24) Beginning on January 16, 2026, a
surety company or financial institution for a
broker or freight forwarder pursuant to
§ 387.307 of this subchapter that violates 49
U.S.C. 13906(b) or (c) or § 387.307:
(i) Is liable to the United States for a
penalty of $12,882 for each violation; and
(ii) Will be ineligible to provide broker
financial security for 3 years.
*
*
*
*
*
PART 387—MINIMUM LEVELS OF
FINANCIAL RESPONSIBILITY FOR
MOTOR CARRIERS
3. The authority citation for part 387
continues to read as follows:
■
Authority: 49 U.S.C. 13101, 13301, 13906,
13908, 14701, 31138, 31139; sec. 204(a), Pub.
L. 104–88, 109 Stat. 803, 941; and 49 CFR
1.87.
4. Amend § 387.307 as follows:
a. Revise the introductory text and
paragraphs (b) and (c)(6);
■ b. Remove paragraph (c)(7); and
■ c. Redesignate paragraph (c)(8) as
paragraph (c)(7).
The revisions read as follows:
■
■
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§ 387.307 Property broker surety bond or
trust fund.
lotter on DSK11XQN23PROD with PROPOSALS1
This section is effective January 16,
2026.
*
*
*
*
*
(b) Acceptable assets. Trust funds
under this section must contain assets
aggregating to $75,000 that can be
liquidated to cash within 7 calendar
days. Acceptable assets included in any
trust fund filed under this section are
VerDate Sep<11>2014
17:22 Nov 01, 2024
Jkt 265001
limited to cash, irrevocable letters of
credit issued by a federally insured
depository institution, and Treasury
bonds.
(c) * * *
(6) An insurance company; or
*
*
*
*
*
■ 5. Amend § 387.307T by revising the
introductory text to read as follows:
PO 00000
§ 387.307T
trust fund.
Property broker surety bond or
This section will remain in effect
until January 16, 2026.
*
*
*
*
*
Issued under the authority of delegation in
49 CFR 1.87.
Vincent G. White,
Deputy Administrator.
[FR Doc. 2024–25517 Filed 11–1–24; 8:45 am]
BILLING CODE 4910–EX–P
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Agencies
[Federal Register Volume 89, Number 213 (Monday, November 4, 2024)]
[Proposed Rules]
[Pages 87532-87536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25517]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 386 and 387
[Docket No. FMCSA-2024-0280]
RIN 2126-AC76
Broker and Freight Forwarder Financial Responsibility; Extension
of Compliance Date
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: FMCSA proposes to amend its November 16, 2023, final rule,
``Broker and Freight Forwarder Financial Responsibility,'' by extending
the compliance date for certain provisions from January 16, 2025, to
January 16, 2026. This action is being proposed because FMCSA has
determined that only its forthcoming online registration system will be
used to accept filings and track notifications, and this functionality
will not be added to its legacy systems. As the new system is not
expected to be available before January 16, 2025, FMCSA proposes to
extend the compliance date to provide regulated entities time to begin
using and familiarizing themselves with the system before compliance is
required.
DATES: Comments must be received on or before November 19, 2024.
Comments should be limited to the proposed change in the compliance
date.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2024-0280 using any one of the following methods:
Federal Rulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, 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.
FOR FURTHER INFORMATION CONTACT: Ana Alvarez, Financial Analyst, Office
of Registration, Financial Responsibility Filings Division, FMCSA, 1200
New Jersey Avenue SE, West Building, 6th Floor, Washington, DC 20590;
(202) 366-0401; [email protected]. If you have questions on viewing
or submitting material to the docket, call Dockets Operations at (202)
366-9826.
SUPPLEMENTARY INFORMATION: FMCSA organizes this NPRM as follows:
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy
II. Executive Summary
A. Purpose and Summary of the Regulatory Action
B. Costs and Benefits
III. Abbreviations
IV. Legal Basis
V. Background
VI. Discussion of Proposed Rulemaking
VII. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563
(Improving Regulation and Regulatory Review), E.O. 14094
(Modernizing Regulatory Review), and DOT Regulatory Policies and
Procedures
B. Regulatory Flexibility Act (Small Entities)
C. Assistance for Small Entities
D. Unfunded Mandates Reform Act of 1995
E. Paperwork Reduction Act
F. E.O. 13132 (Federalism)
G. Privacy
H. E.O. 13175 (Indian Tribal Governments)
I. National Environmental Policy Act of 1969
J. Rulemaking Summary
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
NPRM (FMCSA-2024-0280), indicate the specific section of this document
to which your comment applies, 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/FMCSA-2024-0280/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 or via email at
[email protected]. At this time, you need not send a duplicate
hardcopy of your electronic
[[Page 87533]]
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-2024-0280/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 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 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, 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-recordsnotices. The comments are posted without edit and are
searchable by the name of the submitter.
II. Executive Summary
A. Purpose and Summary of the Regulatory Action
FMCSA proposes to extend certain compliance dates in the 2023 final
rule, ``Broker and Freight Forwarder Financial Responsibility'' (88 FR
78656, Nov. 16, 2023), from January 16, 2025, to January 16, 2026,
creating a single compliance date for all provisions in the rule. This
extension will ensure that parties required to comply with the
regulations have sufficient opportunity to register in the new system
and begin using it, and that FMCSA is able to properly process and
respond to such filings. The provisions affected by this extension are:
1. Immediate suspension of broker/freight forwarder operating
authority. When a broker or freight forwarder's available financial
security falls below $75,000, FMCSA shall suspend its operating
authority registration.
2. Surety or trust responsibilities in cases of broker/freight
forwarder financial failure or insolvency. If a surety/trustee becomes
aware that a broker or freight forwarder is experiencing financial
failure or insolvency, it must notify FMCSA and initiate cancelation of
the financial responsibility.
3. Enforcement authority and penalties for financial responsibility
providers who do not comply with the regulations. FMCSA is
incorporating the statutorily mandated penalties into its regulations.
After notice and an opportunity for a hearing, surety companies or
financial institutions who violate 49 CFR 387.307 will be ineligible to
provide financial responsibility for 3 years and may also be subject to
a civil penalty.
This extension is necessary so that FMCSA can implement its new
online registration system and make it available to entities required
to register and make filings in the system. This extension is also
intended to provide users with an opportunity to begin using, and
become familiar with, the new online registration system before
compliance with the system becomes mandatory. The planned release for
the new modernized registration system is 2025.
B. Costs and Benefits
The 2023 Broker and Freight Forwarder Financial Responsibility
final regulatory impact analysis (RIA) estimated costs for compliance
and implementation among brokers, freight forwarders, surety bond and
trust fund providers, and the Federal government. This proposed rule
would delay certain provisions requiring filings in the online
registration system until January 16, 2026, resulting in all provisions
of the rule becoming effective at the same time.
Despite the delayed compliance for certain provisions, FMCSA finds
that the benefits stipulated in the 2023 final rule remain unchanged by
this proposed rule. The provision mandating that brokers and freight
forwarders maintain assets readily available in trust funds, will still
take effect as originally scheduled, on January 16, 2026. Brokers and
freight forwarders, surety bond and trust fund providers would incur
cost savings by not being required to file documentation relating to
certain other provisions until January 16, 2026. FMCSA would also incur
cost savings in delaying the enforcement of several provisions of the
2023 final rule. In conclusion, the Agency finds that this proposed
rule would maintain all benefits and reduce costs by a de minimis
amount for all parties subject to the 2023 final rule.
III. Abbreviations
CBI Confidential Business Information
CE Categorical exclusion
CFR Code of Federal Regulations
DOT Department of Transportation
E.O. Executive Order
FMCSA Federal Motor Carrier Safety Administration
FR Federal Register
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
PIA Privacy Impact Assessment
PII Personally Identifiable Information
PTA Privacy Threshold Assessment
RIA Regulatory Impact Analysis
URS Unified Registration System
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
IV. Legal Basis
The legal basis of the Broker and Freight Forwarder Financial
Responsibility final rule, set forth at 88 FR 78658, also serves as the
legal basis for this NPRM. The statutory authority identified in that
discussion is 49 U.S.C. 13906, which contains requirements for the
financial security of brokers and freight forwarders and directs the
Secretary to issue regulations to implement and enforce these
requirements. Authority to carry out and enforce these provisions has
been delegated to the Administrator of FMCSA (49 CFR 1.87(a)(5)).
As discussed in the final rule, 49 CFR 387.403T(c) makes any
requirements applicable to broker of property surety bonds and trust
funds in Sec. 387.307 applicable to the surety bond or trust fund
required of freight forwarders as well.\1\ Therefore, any time this
NPRM refers to brokers, the same requirements are also applicable to
freight forwarders.
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\1\ Although 49 CFR 387.403 is currently suspended, it contains
the same language making Sec. 387.307 applicable to freight
forwarders. Thus, when the suspension is ultimately lifted, it will
have no effect on the analysis here.
---------------------------------------------------------------------------
V. Background
On November 16, 2023, FMCSA published a final rule adopting
regulations to implement 49 U.S.C. 13906(b) and (c) (88 FR 78656). The
final rule became effective 60 days later, on January 16, 2024.
However, compliance with the provisions relating to immediate
suspension, financial failure or insolvency, and penalties for trust or
surety providers who fail to comply with the regulations is not
required until January 16, 2025, and full compliance with all of the
final rule's provisions is not required until 2 years after the
effective date, beginning on January 16, 2026.
[[Page 87534]]
VI. Discussion of the Proposed Rulemaking
FMCSA proposes to extend the compliance date for the provisions of
the Broker and Freight Forwarder Financial Responsibility rule relating
to immediate suspension, financial failure or insolvency, and penalties
for trust or surety providers who fail to comply with the regulations
from January 16, 2025, to January 16, 2026, by amending the expiration
date of the temporary rule governing current practices, Sec. 387.307T,
and the compliance dates in Sec. 387.307. This extension will create a
single compliance date for all provisions in the rule, allow FMCSA to
implement the new online registration system, and ensure that filers
are familiar with the online registration system and able to perform
all duties mandated by the rule prior to the compliance date.
The final rule discusses and requires online filing of documents.
FMCSA always intended to build this functionality into its forthcoming
online registration system.\2\ After engaging with stakeholders and
work developing the new platform, the Agency has determined that it
would not be an efficient use of resources to add the functionality to
the legacy registration system. Instead, the Agency is focused on
implementing the new online registration system and publishing the NPRM
concerning the new system, as described in the Unified Agenda (see
Regulation Identification Number 2126-AB56), as expeditiously as
possible. By extending the compliance date for the Broker and Freight
Forwarder Financial Responsibility final rule, FMCSA intends to allow
the regulated community sufficient time to begin utilizing the new
system and become familiar with it before compliance is required.
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\2\ See 88 FR 78657 and 78666, Nov. 16, 2023.
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In addition, FMCSA finds that without certain automated processes
currently under development in the new system, effective compliance
management would be compromised. Specifically, the Agency believes that
tracking and processing drawdown notifications manually would be
inefficient, leading to delays, higher administrative costs, and
potential compliance risks for both FMCSA and the industry. The ability
to efficiently suspend the operating authority of brokers and freight
forwarders who fail to maintain the required financial security within
the 7-day regulatory time frame depends upon both the regulated
entities and the Agency being able to utilize a fully functional online
filing system. For more detailed information regarding the launching of
the new online registration system, stakeholders are encouraged to
visit https://www.fmcsa.dot.gov/registration/resources-hub.
For the reasons mentioned above, as well as to provide the public
with the notice and opportunity for comment required by the
Administrative Procedure Act (5 U.S.C. 553) FMCSA proposes to extend
the compliance date for the provisions relating to immediate
suspension, financial failure or insolvency, and penalties for trust or
surety providers who fail to comply with the regulations. The new
compliance date, January 16, 2026, would align with the date already
set for the other provisions in the rule.
VII. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), E.O. 14094
(Modernizing Regulatory Review), and DOT Regulatory Policies and
Procedures
FMCSA has considered the impact of this NPRM under E.O. 12866 (58
FR 51735, Oct. 4, 1993), Regulatory Planning and Review, as
supplemented by E.O. 13563 (76 FR 3821, Jan. 21, 2011), Improving
Regulation and Regulatory Review, and amended by E.O. 14094 (88 FR
21879, Apr. 11, 2023), Modernizing Regulatory Review, as well as the
impact under DOT regulatory policies and procedures (DOT Order 2100.6A,
dated June 7, 2021). This NPRM is not a significant regulatory action
under section 3(f) of E.O. 12866, as amended. Accordingly, OMB has not
reviewed it under that E.O.
B. Regulatory Flexibility Act (Small Entities)
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996 \3\
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. The term small entities comprises small
businesses and not-for-profit organizations that are independently
owned and operated and are not dominant in their fields, and
governmental jurisdictions with populations of less than 50,000 (5
U.S.C. 601(6)). Accordingly, DOT policy requires an analysis of the
impact of all regulations on small entities, and mandates that agencies
strive to lessen any adverse effects on these businesses.
---------------------------------------------------------------------------
\3\ Public Law 104-121, 110 Stat. 857 (Mar. 29, 1996).
---------------------------------------------------------------------------
This proposed rule would extend the compliance date for specific
provisions of the 2023 final rule, ``Broker and Freight Forwarder
Financial Responsibility,'' to January 16, 2026. The provisions already
scheduled for compliance on January 16, 2026, would not be affected.
The rule would impact small entities such as surety bond and trust fund
providers, brokers, and freight forwarders. The extension would provide
small entities with additional time to register in the new online
registration system and understand its operations and functionalities.
By delaying the submission of documentation for certain provisions
until January 16, 2026, these entities would also realize de minimis
cost savings.
Consequently, I certify that this action would not have a
significant economic impact on a substantial number of small entities.
C. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857),
FMCSA wants to assist small entities in understanding this proposed
rule so they can better evaluate its potential effects on themselves
and participate in the rulemaking initiative. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please consult the person listed under FOR
FURTHER INFORMATION CONTACT.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman (Office of the National
Ombudsman, see https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman) and the Regional Small Business Regulatory Fairness
Boards. The Ombudsman evaluates these actions annually and rates each
agency's responsiveness to small business. If you wish to comment on
actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247).
DOT has a policy regarding the rights of small entities to regulatory
enforcement fairness and an explicit policy against retaliation for
exercising these rights.
[[Page 87535]]
D. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
(UMRA) requires Federal agencies to assess the effects of their
discretionary regulatory actions. The Act addresses actions that may
result in the expenditure by State, local, or Tribal government, in the
aggregate, or by the private sector of $200 million (which is the value
equivalent of $100 million in 1995, adjusted for inflation to 2023
levels) or more in any 1 year. This proposed rule would not result in
such an expenditure, so the analytical requirements of UMRA do not
apply.
E. Paperwork Reduction Act
Due to the proposed change of compliance date, the existing
Information Collection Requirements pertaining to broker and freight
forwarder financial responsibilities would be updated at a later date.
F. E.O. 13132 (Federalism)
A rule has implications for federalism under section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.''
FMCSA has determined that this proposal would not have substantial
direct costs on or for States, nor would it limit the policymaking
discretion of States. Nothing in this document preempts any State law
or regulation. Therefore, this proposal would not have sufficient
federalism implications to warrant the preparation of a Federalism
Impact Statement.
G. Privacy
The Consolidated Appropriations Act, 2005,\4\ requires the Agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. This NPRM would not change any previously
analyzed collections of personally identifiable information (PII).
---------------------------------------------------------------------------
\4\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
---------------------------------------------------------------------------
The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency that receives records contained in a system
of records from a Federal agency for use in a matching program.
The E-Government Act of 2002,\5\ requires Federal agencies to
conduct a PIA for new or substantially changed technology that
collects, maintains, or disseminates information in an identifiable
form. No new or substantially changed technology will collect,
maintain, or disseminate information as a result of this proposed rule.
Accordingly, FMCSA has not conducted a PIA for this proposed rule.
However, FMCSA will publish a PIA and a System of Records Notice
covering all information that will be collected in the new online
registration system.
---------------------------------------------------------------------------
\5\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17,
2002).
---------------------------------------------------------------------------
In addition, the Agency submitted a Privacy Threshold Assessment
(PTA) to evaluate the risks and effects the proposed rulemaking might
have on collecting, storing, and sharing personally identifiable
information. The PTA has been submitted to FMCSA's Privacy Officer for
review and preliminary adjudication and will be submitted to DOT's
Privacy Officer for review and final adjudication.
H. E.O. 13175 (Indian Tribal Governments)
This rulemaking does not have Tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it would not have a substantial direct effect on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes.
I. National Environmental Policy Act of 1969
FMCSA analyzed this proposed rule pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
determined this action is categorically excluded from further analysis
and documentation in an environmental assessment or environmental
impact statement under FMCSA Order 5610.1 (69 FR 9680), appendix 2,
paragraphs (6.k) and (6.q). The categorical exclusions (CEs) in
paragraphs (6.k) and (6.q) cover broker activities and implementation
of record preservation. The proposed requirements in this rule are
covered by these CEs and do not have any effect on the quality of the
environment.
J. Rulemaking Summary
As required by 5 U.S.C. 553(b)(4), a summary of this proposed rule
can be found on the FMCSA website at https://www.fmcsa.dot.gov/regulations/broker-freight-forwarder-compliance-date-extension and in
the docket for this rulemaking, which is available online at
www.regulations.gov.
List of Subjects
49 CFR Part 386
Administrative practice and procedure, Brokers, Freight forwarders,
Hazardous materials transportation, Highway safety, Highway and roads,
Motor carriers, Motor vehicle safety, Penalties.
49 CFR Part 387
Buses, Freight, Freight forwarders, Hazardous materials
transportation, Highway safety, Insurance, Intergovernmental relations,
Motor carriers, Motor vehicle safety, Moving of household goods,
Penalties, Reporting and recordkeeping requirements, Surety bonds.
For the reasons set forth in the preamble, FMCSA proposes to amend
49 CFR parts 386 and 387 as follows:
PART 386--RULES OF PRACTICE FOR FMCSA PROCEEDINGS
0
1. The authority citation for part 386 continues to read as follows:
Authority: 28 U.S.C. 2461 note; 49 U.S.C. 113, 1301 note,
31306a; 49 U.S.C. chapters 5, 51, 131-141, 145-149, 311, 313, and
315; and 49 CFR 1.81, 1.87.
0
2. Amend appendix B by revising and republishing paragraph (g)(24) to
read as follows:
Appendix B to Part 386--Penalty Schedule: Violations and Monetary
Penalties
* * * * *
(g) * * *
(24) Beginning on January 16, 2026, a surety company or
financial institution for a broker or freight forwarder pursuant to
Sec. 387.307 of this subchapter that violates 49 U.S.C. 13906(b) or
(c) or Sec. 387.307:
(i) Is liable to the United States for a penalty of $12,882 for
each violation; and
(ii) Will be ineligible to provide broker financial security for
3 years.
* * * * *
PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR
CARRIERS
0
3. The authority citation for part 387 continues to read as follows:
Authority: 49 U.S.C. 13101, 13301, 13906, 13908, 14701, 31138,
31139; sec. 204(a), Pub. L. 104-88, 109 Stat. 803, 941; and 49 CFR
1.87.
0
4. Amend Sec. 387.307 as follows:
0
a. Revise the introductory text and paragraphs (b) and (c)(6);
0
b. Remove paragraph (c)(7); and
0
c. Redesignate paragraph (c)(8) as paragraph (c)(7).
The revisions read as follows:
[[Page 87536]]
Sec. 387.307 Property broker surety bond or trust fund.
This section is effective January 16, 2026.
* * * * *
(b) Acceptable assets. Trust funds under this section must contain
assets aggregating to $75,000 that can be liquidated to cash within 7
calendar days. Acceptable assets included in any trust fund filed under
this section are limited to cash, irrevocable letters of credit issued
by a federally insured depository institution, and Treasury bonds.
(c) * * *
(6) An insurance company; or
* * * * *
0
5. Amend Sec. 387.307T by revising the introductory text to read as
follows:
Sec. 387.307T Property broker surety bond or trust fund.
This section will remain in effect until January 16, 2026.
* * * * *
Issued under the authority of delegation in 49 CFR 1.87.
Vincent G. White,
Deputy Administrator.
[FR Doc. 2024-25517 Filed 11-1-24; 8:45 am]
BILLING CODE 4910-EX-P