[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Notices]
[Pages 14439-14440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04720]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-2016-0102 and FMCSA-2022-0134]


Property Broker Listening Session; Public Meeting

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of public listening session.

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SUMMARY: FMCSA announces that it 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.

DATES: 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.
    Public Comment: The in-person session will allow members of the 
public to make brief statements to the panel.

ADDRESSES: The meeting will be held at the Kentucky Expo Center, 937 
Phillips Lane, Louisville, KY 40209, in Room B104. Please arrive early 
to allow time to check in and arrive at the room. Attendees should 
preregister using this link: https://www.eventbrite.com/e/fmcsa-session-2-broker-regulatory-session-tickets-549535173497.

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; [email protected].
    Services for Individuals with Disabilities: FMCSA is committed to 
providing equal access to the listening session. For accommodations for 
persons with disabilities, please email [email protected] at least 2 
weeks in advance of the meeting to allow time to make appropriate 
arrangements.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

    FMCSA encourages participation in the session and providing of 
comments. Members of the public may submit written comments to the 
public dockets for these actions using any of the following methods:

A. Submitting Comments

    If you submit a comment, please include the appropriate docket 
number for the topic you are commenting on. The docket number for the 
NPRM regarding broker and freight forwarder financial responsibility 
requirements is FMCSA-2016-0102. The docket number for the interim 
guidance on definitions of broker and bona fide agents is FMCSA-2022-
0134. You may submit your comments and material online or by mail or 
hand delivery, but please use only one of these methods. FMCSA 
recommends that you include your name, email address, or a phone number 
in the body of your document.
    To submit your comment online, go to www.regulations.gov. Insert 
the docket number (``FMCSA-2016-0102'' for the NPRM or ``FMCSA-2022-
0134'' for the interim guidance) in the keyword box and click 
``Search.'' Choose the document you want to comment on and click the 
``Comment'' button. Follow the online instructions for submitting 
comments.
    FMCSA will consider all comments and material received during the 
comment periods for these dockets.

B. Viewing Comments and Documents

    To view comments, go to www.regulations.gov and insert the docket 
number (``FMCSA-2016-0102'' for the NPRM or ``FMCSA-2022-0134'' for the 
interim guidance) in the keyword box and click ``Search.'' Choose the 
NPRM or the interim guidance and click ``Browse Comments.'' If you have 
questions on viewing or submitting material to the docket, contact 
Dockets Operations at (202) 366-9826. Business

[[Page 14440]]

hours are from 8:00 a.m. to 4:30 p.m. ET, Monday through Friday, except 
Federal holidays. You may also submit or view docket entries in person 
or by mail: U.S. Department of Transportation, 1200 New Jersey Avenue 
SE, West Building, Ground Floor, Room W12-140, Washington, DC 20590-
0001. To be sure someone is there to help you, please call (202) 366-
9317 or (202) 366-9826 before visiting Dockets Operations.

C. Privacy Act

    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 rulemaking 
process. DOT posts these comments, without edit, including any personal 
information the commenter provides, to www.regulations.gov, as 
described in the system of records notice (DOT/ALL-14 FDMS), which can 
be reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the 
name of the submitter.

II. Background

    FMCSA believes it is in the public interest to host a public 
listening session to receive additional comments on matters within 
FMCSA's jurisdiction, including those relating to regulation of 
property brokers, freight forwarders, and dispatch services. 
Accordingly, FMCSA is announcing this listening session, being held at 
10:00 a.m. on March 31, 2023, in Louisville, KY, concurrently with the 
2023 MATS conference. FMCSA's listening session is open to the public 
and a link to register to attend is available in the ADDRESSES section 
above. Registration with the MATS conference is not required to attend 
FMCSA's listening session.
    FMCSA is currently accepting comments on a NPRM concerning the 
implementation of certain requirements under the Moving Ahead for 
Progress in the 21st Century Act (MAP-21) (88 FR 830, Docket FMCSA-
2016-0102). Previously, FMCSA implemented the MAP-21 requirement to 
increase the financial security amounts for brokers of household goods 
and other property brokers and established new financial security 
requirements for freight forwarders. The Agency is now proposing 
regulations in five separate areas pertaining to broker/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. By a separate 
Federal Register notice, FMCSA is extending the comment period for this 
NPRM from March 6, 2023, to April 6, 2023.
    In addition, FMCSA is also accepting further comments on the 
interim guidance issued on November 17, 2022, regarding FMCSA's 
interpretation of the definitions of broker and bona fide agents as it 
relates to all brokers of transportation by motor vehicle (87 FR 68635, 
FMCSA-2022-0134). Although the interim guidance took effect immediately 
upon publication in the Federal Register, FMCSA is seeking additional 
comments and will issue final guidance by the statutory deadline of 
June 16, 2023. By a separate Federal Register notice, FMCSA is 
reopening the comment period for the interim guidance, which closed on 
January 17, 2023. Comments will now be accepted from March 31, 2023, 
until April 6, 2023.

III. Meeting Participation

    The listening sessions are open to the public. Speakers' remarks 
will be limited to 3 minutes each.

Robin Hutchinson,
Administrator.
[FR Doc. 2023-04720 Filed 3-7-23; 8:45 am]
BILLING CODE 4910-EX-P