Proposed Rule2023-04716
Broker and Freight Forwarder Financial Responsibility
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 8, 2023
Effective
January 5, 2023
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 45 (Wednesday, March 8, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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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:
<a href="https://www.eventbrite.com/e/fmcsa-session-2-broker-regulatory-session-tickets-549535173497">https://www.eventbrite.com/e/fmcsa-session-2-broker-regulatory-session-tickets-549535173497</a>. 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:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov/docket/FMCSA-2016-0102/document">https://www.regulations.gov/docket/FMCSA-2016-0102/document</a>. Follow the online
instructions for submitting comments.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> 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.
<bullet> 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; <a href="/cdn-cgi/l/email-protection#12587774743c417771607b616652767d663c757d64"><span class="__cf_email__" data-cfemail="155f7073733b467076677c666155717a613b727a63">[email protected]</span></a>. 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
<a href="/cdn-cgi/l/email-protection#3a5848535b54145d145e5b525653547a5e554e145d554c"><span class="__cf_email__" data-cfemail="385a4a515956165f165c5950545156785c574c165f574e">[email protected]</span></a>. 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 <a href="https://www.regulations.gov/docket/FMCSA-2016-0102/document">https://www.regulations.gov/docket/FMCSA-2016-0102/document</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a>. As
described in the system of records notice DOT/ALL 14 (Federal Docket
Management System (FDMS)), which can be reviewed at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>, 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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