Proposed Rule2024-27134
Broker and Freight Forwarder Financial Responsibility; Extension of Compliance Date
Primary source
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Published
November 21, 2024
Effective
November 4, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA is reopening the comment period for its November 4, 2024, NPRM, proposing 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. FMCSA's forthcoming online registration system will be used to accept filings and track notifications, and this functionality will not be available in 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 January 16, 2026, to provide regulated entities time to begin using and familiarizing themselves with the new system before compliance is required. The comment period is being reopened due to a request from the Small Business in Transportation Coalition.
Full Text
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<title>Federal Register, Volume 89 Issue 225 (Thursday, November 21, 2024)</title>
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[Federal Register Volume 89, Number 225 (Thursday, November 21, 2024)]
[Proposed Rules]
[Pages 92084-92085]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27134]
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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); reopening of comment
period.
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SUMMARY: FMCSA is reopening the comment period for its November 4,
2024, NPRM, proposing 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. FMCSA's forthcoming online registration system will
be used to accept filings and track notifications, and this
functionality will not be available in 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 January 16, 2026, to provide
regulated entities time to begin using and familiarizing themselves
with the new system before compliance is
[[Page 92085]]
required. The comment period is being reopened due to a request from
the Small Business in Transportation Coalition.
DATES: The comment period for the NPRM published November 4, 2024, at
89 FR 87532 is reopened. Comments must be received on or before
November 29, 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 of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</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,
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, 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.
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; <a href="/cdn-cgi/l/email-protection#5a3b343b743b362c3b283f201a3e352e743d352c"><span class="__cf_email__" data-cfemail="c0a1aea1eea1acb6a1b2a5ba80a4afb4eea7afb6">[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-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 <a href="https://www.regulations.gov/docket/FMCSA-2024-0280">https://www.regulations.gov/docket/FMCSA-2024-0280</a>-0001, 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
<a href="/cdn-cgi/l/email-protection#c2a0b0aba3aceca5eca6a3aaaeabac82a6adb6eca5adb4"><span class="__cf_email__" data-cfemail="1371617a727d3d743d77727b7f7a7d53777c673d747c65">[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-2024-0280/document">https://www.regulations.gov/docket/FMCSA-2024-0280/document</a> and
choose the document to review. To view comments, go to <a href="https://www.regulations.gov/docket/FMCSA-2024-0280">https://www.regulations.gov/docket/FMCSA-2024-0280</a>, 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
<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 posted without edit and are
searchable by the name of the submitter.
II. Background
The November 4, 2024, NPRM (89 FR 87532) requested public comment
on FMCSA's proposal 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. The extension to the compliance date 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 widely available
before January 16, 2025, FMCSA proposes to extend the compliance date
to January 16, 2026, to provide regulated entities time to begin using
and familiarizing themselves with the system before compliance is
required.
The comment period for the NPRM expires on November 19, 2024. The
Small Business in Transportation Coalition requested an extension of
the comment period on November 12, 2024. FMCSA believes it is in the
interest of the public to allow for public comment on this proposal,
and accordingly reopens the comment period for all comments on the NPRM
until November 29, 2024.
Issued under the authority of delegation in 49 CFR 1.87.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024-27134 Filed 11-20-24; 8:45 am]
BILLING CODE 4910-EX-P
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