2024-27134. Broker and Freight Forwarder Financial Responsibility; Extension of Compliance Date

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Department of Transportation

Federal Motor Carrier Safety Administration

1. 49 CFR Parts 386 and 387
2. [Docket No. FMCSA-2024-0280]
3. RIN 2126-AC76

AGENCY:

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

ACTION:

Notice of proposed rulemaking (NPRM); reopening of comment period.

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 ( print 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:

• Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments.
• Mail: Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Washington, DC 20590-0001.
• 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 [phone] or [phone] before visiting Dockets Operations.
• Fax: [phone].

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; [phone]; [e-mail]. If you have questions on viewing or submitting material to the docket, call Dockets Operations at [phone].

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 https://www.regulations.gov/​docket/​FMCSA-2024-0280-0001, 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 [e-mail]. 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 https://www.regulations.gov/​docket/​FMCSA-2024-0280/​document and choose the document to review. To view comments, go to https://www.regulations.gov/​docket/​FMCSA-2024-0280, 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 [phone] or [phone] 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 www.regulations.gov as described in the system of records notice (DOT/ALL 14—Federal Docket Management System (FDMS)), which can be reviewed at https://www.transportation.gov/​individuals/​privacy/​privacy-act-system-records-notices. 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.