- Reopening of Comment Period, Interim Guidance on the Definitions of Broker and Bona Fide Agents
- Extension of Comment Period, Broker and Freight Forwarder Financial Responsibility Notice of Proposed Rulemaking (NPRM)
- Announcement of Public Listening Session Pertaining to Property Brokers
- Ending Un-dismissal Process
- FMCSA Daily Decisions on Operating Authority (CPLs, Reinstatements, Re-entitlements)
- FMCSA Position on Aggressive Telemarketing
Reopening of Comment Period, Interim Guidance on the Definitions of Broker and Bona Fide Agents
FMCSA announced on March 8 that the Agency 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. 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 10:00 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-session-tickets-549535173497. In addition, a transcript of the public listening session will be placed in the guidance docket. The comment period for the interim guidance published on November 16, 2022, at 87 FR 68635, will be reopened on March 31, 2023. Comments must be received on or before April 6, 2023.
Extension of Comment Period, Broker and Freight Forwarder Financial Responsibility Notice of Proposed Rulemaking (NPRM)
FMCSA announced on March 8 that the Agency is extending the comment period for the 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. 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.
Announcement of Public Listening Session Pertaining to Property Brokers
FMCSA announced on March 8 that the Agency 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. The public listening session will be held on Friday, March 31, 2023, from 10 a.m. to 11 a.m. ET. The session will be held in person. The listening session may end early if all participants wishing to express their views have done so. The meeting will be held at the Kentucky Expo Center, 937 Phillips Lane, Louisville, KY 40209, in Room B104. Attendees should preregister using this link: https://www.eventbrite.com/e/fmcsa-session-2-broker-regulatory-session-tickets-549535173497.
Effective August 1, 2023, FMCSA will no longer accept requests from entities to un-dismiss their operating authority application. This will allow FMCSA to review new applications to ensure they are fit, willing, and able to comply with Federal regulations and laws. If an entity’s application was dismissed after January 1, 2022, it can submit a request for un-dismissal through July 31, 2023. Beginning August 1, 2023, if your application is dismissed, you will need to submit a new application and pay the appropriate fee ($300 per type of operating authority requested).
Please note: A dismissal is the equivalent of a rejection and the only cure is either (1) an appeal, because you have evidence that insurance was actually filed, or (2) to file a new application.
For information on how to request an un-dismissal of an application, click here.
FMCSA Daily Decisions on Operating Authority (CPLs, Reinstatements, Re-entitlements)
The official record of an entity’s operating authority registration is found on the FMCSA’s Licensing & Insurance (L&I) system once the certificate, permit, or license is generated. Once the L&I System reflects that FMCSA has issued the certificate, permit, or license, the motor carrier, broker, or freight forwarder is authorized to commence operations. The information in the L&I system is the authoritative source for whether an entity is authorized to engaged in non-exempt, for-hire interstate operations.
Hard copies of certificates do not represent an active authority to engage in operations. For this reason, FMCSA does not require domestic motor carriers or freight forwarders to maintain a copy of their certificate, permit, or license in the commercial motor vehicle. Enforcement of operating authority registration violations must be based on information maintained in the L&I System, not on the information in a paper copy of the certificate, permit, or license, or (for U.S. domestic motor carriers) on the absence of a paper copy in the vehicle.
Before beginning non-exempt, for-hire motor carrier, broker, or freight forwarder operations in interstate commerce, entities are required under 49 U.S.C. 13901 to obtain operating authority registration. FMCSA regulations in 49 CFR part 365 were promulgated to implement the operating authority registration requirement. Under 49 CFR part 365, entities must submit an application for operating authority registration to FMCSA for review. Under 49 CFR 365.115(b), after FMCSA review and publication in the FMCSA Register, “[i]f no one opposes the application, the grant published in the FMCSA Register will become effective by issuance of a certificate, permit, or license.”
While the above message is still accurate, FMCSA is now making available the six daily decision letters to the public the day they are generated. This prevents customers from having to wait on the hard copy letter that comes in the mail. Anyone can access these daily decision letters on our FMCSA Registration Homepage at: https://www.fmcsa.dot.gov/daily-decisions located on the left and top menu of our page. You can also find it by clicking on the "Daily Decisions" blue button below.
Updated on 10/31/22 12 pm EST
FMCSA Position on Aggressive Telemarketing
FMCSA will not call you immediately after you submit your application for registration. However, FMCSA publicly displays motor carrier contact information (name, address, phone number) in accordance with the Government's Open Data Policy and USDOT's commitment in its Open Government Plan. This includes displaying contact information for all existing carriers registered with FMCSA and for all future applicants. Once this information becomes publicly available, please note that you may be contacted by private businesses and/or vendors.
While FMCSA requires evidence of financial responsibility and a process agent for many entities, the U.S. Government does not endorse and generally does not require the use of private businesses or vendors. FMCSA will not contact regulated entities through telemarketers or "robo-call" automated solicitations, nor will we request a credit card number or charge a fee for our downloadable forms. Please report aggressive or misleading telemarketers that pose as FMCSA or USDOT at: https://reportfraud.ftc.gov/#/
If you need assistance with your registration, please contact FMCSA by calling 1-800-832-5660.