FMCSA Broker Transparency Proposal Reaches White House Review

FMCSA's supplemental proposal on transparency in property-broker transactions has reached White House review, moving a long-running rulemaking one step closer to public release. Land Line Media reported August 28 that the agency submitted the proposal to the Office of Management and Budget on August 27. The official Reginfo dashboard lists the action as pending review.

Existing 49 CFR 371.3 requires brokers to keep a record of each transaction and gives each party to the transaction a right to review it. Owner-operator groups have argued that waivers and office-only access practices can make that right difficult to use. Their petitions asked FMCSA to require an electronic transaction record within 48 hours after service is completed and to prohibit contracts that force carriers to waive access.

The text of the supplemental proposal is not yet public. OMB review is an administrative step, not a final rule, and it does not immediately change broker or carrier obligations. If the proposal clears review, FMCSA is expected to publish it in the Federal Register with a public-comment period. The agency would then have to evaluate submissions before deciding whether to issue a final rule.

Carriers should continue retaining rate confirmations, bills of lading, detention records, invoices and payment communications under their present contracts. Brokers should review record-access clauses and prepare consistent procedures for responding to lawful requests. Neither side should assume that a headline describes requirements that have not been published. The practical next milestone is the Federal Register notice, where the exact language, deadlines and instructions for commenting will become available.