Broker Transparency Proposal Gains Momentum
FMCSA Broker Transparency Proposal Moves to White House Review
The Federal Motor Carrier Safety Administration has sent its supplemental notice of proposed rulemaking on broker transparency to the White House Office of Management and Budget for review, advancing a proposal that has faced multiple delays.
Proposal Enters Final Internal Review
FMCSA submitted the rulemaking to the White House Office of Information and Regulatory Affairs on Aug. 27. The proposal is listed as a proposed rule pending review, according to the regulatory agenda.
OMB review is the final internal checkpoint before the supplemental notice can be published in the Federal Register. Publication would begin a formal public comment period, although the proposal has not yet been finalized.
Four Provisions Address Broker Records
The supplemental proposal includes four provisions intended to improve transparency in broker transactions. One provision would require brokers to maintain transaction records in electronic format and provide copies of those records within 48 hours of a request.
The rulemaking is intended to clarify the records available to motor carriers and other parties involved in brokered freight transactions. Additional details on the remaining provisions are expected when the notice is published.
Rulemaking Has Faced Delays
FMCSA has previously placed the broker transparency proposal on its regulatory agenda but missed two target dates for advancing the rulemaking. Its submission to the White House review office moves the proposal into the final stage of executive branch review before potential publication.
