Federal Motor Carrier Safety Administration March 8, 2023 – Federal Register Recent Federal Regulation Documents
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Property Broker Listening Session; Public Meeting
FMCSA announces that it will host a listening session pertaining to property brokers. Specifically, the Agency would like to hear from members of the public on two matters relating to the regulation of property brokers: (1) a January 5, 2023 notice of proposed rulemaking (NPRM) proposing to regulate five separate areas of broker (and freight forwarder) financial responsibility: 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; and (2) the November 16, 2022, interim guidance regarding FMCSA's interpretation of the definitions of broker and bona fide agents as it relates to all brokers of transportation by motor vehicle. This FMCSA-hosted listening session will be open to all interested persons and will take place concurrently with the Mid America Trucking Show (MATS) in Louisville, KY. All comments will be transcribed and placed in the public dockets for both regulatory actions. Individuals with diverse experiences and perspectives are encouraged to attend.
Definitions of Broker and Bona Fide Agents
FMCSA is reopening the comment period for its interim guidance, Definitions of Broker and Bona Fide Agents. The interim guidance informs the public and regulated entities about FMCSA's interpretation of the definitions of broker and bona fide agents as it relates to all brokers of transportation by commercial motor vehicle. FMCSA is taking this action to better define the terms in response to a mandate in the Infrastructure Investment and Jobs Act (IIJA). After consideration of public comments received, FMCSA provided clarification on its interpretation of the definitions of broker and bona fide agents, in addition to meeting other criteria required by the IIJA. While the interim guidance was effective immediately upon publication, FMCSA sought comments to the interim guidance and will issue final guidance by June 16, 2023. FMCSA is reopening the comment period in anticipation of hosting a public listening session allowing comments on this topic. FMCSA will host the session at 10 a.m. on March 31, 2023, in Louisville, KY, and 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-sessio n-tickets- 549535173497. In addition, a transcript of the public listening session will be placed in the guidance docket.
Broker and Freight Forwarder Financial Responsibility
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-regulator y-session- tickets-549535173497. In addition, a transcript of the public listening session will be placed in the rulemaking docket.
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