Still Time to Comment on FMCSA Broker Financial Responsibility Pre-Rule

The comment period for the Federal Motor Carrier Safety Administration’s advance notice of proposed rulemaking on the financial responsibility of freight brokers and forwarders will expire on Nov. 26.

The agency said the ANPRM was driven by the MAP-21 highway bill, which raised the financial security amount for brokers to $75,000 and, for the first time, established financial security requirements for freight forwarders.

FMCSA said that through this “pre-rule” action, it will be looking at these eight separate areas concerning brokers and forwarders, for which it is seeking comments and data:

• Group surety bonds/trust funds
• 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
• Entities eligible to provide trust funds for form BMC-85 trust fund filings,
• Form BMC-84 and BMC-85 trust fund revisions
• Household goods (HHG)

Comments may be submitted bearing the Federal Docket Management System Docket ID (FMCSA-016-0102) by using any of the following methods:

• Federal eRulemaking Portal. Follow the online instructions for submitting comments.
• Mail. Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590.
• Hand-delivery or Courier. West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except federal holidays.
• Fax. 1-202-493-2251.
• Confidential Business Information (CBI). Submissions containing CBI and marked in accordance with 49 CFR 389.9 must be sent to Mr. Brian Dahlin, Chief, Regulatory Evaluation Division, 1200 New Jersey Avenue SE, Washington, DC 20590