Broker Transparency Proposal Clears FMCSA and Heads to the White House
The Federal Motor Carrier Safety Administration sent its broker transparency rulemaking to the White House Office of Information and Regulatory Affairs on August 27, clearing the last internal checkpoint before publication and moving a document that had missed two target dates this year into the final stage of executive branch review. The listing shows the […] The post Broker Transparency…
On August 27, the Federal Motor Carrier Safety Administration (FMCSA) successfully submitted its broker transparency rulemaking to the White House Office of Information and Regulatory Affairs (OIRA), clearing the final internal checkpoint before publication. This marks the proposal's transition into the final stage of executive branch review, moving it from pending review to the proposed rule stage.
The rule would amend 49 CFR Part 371, governing property broker records, and requires property brokers to maintain electronic transaction records, sharing copies with carriers or shippers within 48 hours upon request. The rule would also expand the required record contents to include charges, payments, shipment descriptions, and any claims.
While FMCSA's proposal differs from the original petitions requesting specific timeline requirements, it addresses the core issue of waiver clauses in broker-carrier contracts, which have been a contentious point. The Small Entities Classification Designation, stating that small entities are not affected, is not inconsistent with the rule's purpose, as the regulatory burden is assessed from the broker's perspective.
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