Property Carrier Broker Listening Session; Public Meeting

James W. Deck
Federal Motor Carrier Safety Administration
13 October 2020

[Federal Register Volume 85, Number 198 (Tuesday, October 13, 2020)]
[Notices]
[Pages 64613-64614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22482]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0190]


Property Carrier Broker Listening Session; Public Meeting

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

ACTION: Notice of public listening session.

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SUMMARY: FMCSA announces that it will host a listening session 
pertaining to property carrier brokers. FMCSA would like to hear from 
members of the public on their views on the regulation of property 
carrier brokers in general, and on three pending petitions concerning 
specific property carrier broker regulation issues. This meeting does 
not pertain to broker or freight forwarder minimum financial 
responsibility matters. The session will be held via videoconference 
and will be accessible to the public for its entirety. Individuals with 
diverse experience and perspectives are encouraged to attend.

DATES: The session will be held on Wednesday, October 28, 2020, from 
1:00 p.m. to 2:30 p.m., Eastern Time (ET). The session will be held via 
videoconference only, with registration required at www.fmcsa.dot.gov 
in advance of the meeting. FMCSA encourages early registration.
    Public Comment: The virtual session will allow members of the 
public to make brief statements to the panel. If all interested 
participants have had an opportunity to comment, the session may 
conclude early.

FOR FURTHER INFORMATION CONTACT: Ms. Janettarose L. Greene, (202) 366-
5694, FMCSA-PIO@dot.gov, Federal Motor Carrier Safety Administration, 
U.S. Department of Transportation, 1200 New Jersey Avenue SE, 
Washington, DC 20590-0001.
    Services for Individuals with Disabilities. FMCSA is committed to 
providing equal access to the listening session. For accommodations for 
persons with disabilities, please email FMCSA-PIO@dot.gov at least 1 
week in advance of the meeting to allow time to make appropriate 
arrangements. FMCSA will provide closed captioning of the session.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages participation in the session and the submission of 
comments and related materials. Members of the public may submit 
written comments to the public docket referenced at the beginning of 
this notice. Please submit documents recommended for discussion to the 
docket at least 7 business days in advance of the session using any of 
the following methods:

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2020-0190). You may submit your comments and material 
online or by fax, 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 http://www.regulations.gov, 
enter the docket number, ``FMCSA-2020-0190'' in the ``Keyword'' box, 
and click ``Search.'' When the new screen appears, click on the 
``Comment Now!''' button and type your comment into the text box in the 
following screen. Choose whether you are submitting your comment as an 
individual or on behalf of a third party, then submit.

B. Viewing Comments and Documents

    To view comments, go to http://www.regulations.gov and insert the 
docket number, ``FMCSA-2020-0190'' in the ``Keyword'' box and click 
``Search.'' Next, click the ``Open Docket Folder'' button and choose 
the document listed to review. If you have questions on viewing or 
submitting materials to the docket, contact Docket Operations at (202) 
366-9826. Business hours are from 8:00 a.m. to 4:30 p.m. ET, Monday 
through Friday, except Federal holidays. For hand delivery of 
materials, please call (202) 366-9317 or (202) 366-9826 before visiting 
Docket Operations.

II. Background

    FMCSA has received petitions for rulemaking from the Owner-Operator 
Independent Drivers Association (OOIDA) and the Small Business in 
Transportation Coalition (SBTC) to amend certain requirements for 
property carrier brokers. FMCSA published a notice in the Federal 
Register on August

[[Page 64614]]

19, 2020 (85 FR 51145), requesting public comment on the petitions.
    OOIDA requests that FMCSA require property carrier brokers to 
provide an electronic copy of each transaction record automatically 
within 48 hours after the contractual service has been completed, and 
explicitly prohibit brokers from including any provision in their 
contracts that requires a motor carrier to waive its rights to access 
the transaction records. SBTC requests that FMCSA prohibit brokers from 
coercing or otherwise requiring parties to brokers' transactions to 
waive their right to review the record of the transaction as a 
condition for doing business. SBTC also requests that FMCSA adopt 
regulatory language indicating that brokers' contracts may not include 
a stipulation or clause exempting the broker from having to comply with 
the transparency requirement. The comment period for the notice is open 
through October 19, 2020.
    On August 5, 2020, FMCSA received a petition for rulemaking from 
the Transportation Intermediaries Association (TIA), asking FMCSA to 
eliminate the requirements of 49 CFR 371.3(c) and to develop guidance 
on what legally constitutes a ``dispatch service.'' TIA's petition 
asserts that its proposed modifications and clarifications would 
eliminate an outdated regulation that no longer applies to the current 
marketplace. TIA's request includes the promulgation of guidance to the 
public on what constitutes a legitimate ``dispatch service'' to remove, 
in its words, ``unethical and unscrupulous actors from the 
marketplace'' and eliminate an administrative burden on FMCSA to 
enforce outdated and unnecessary regulations. FMCSA is currently 
reviewing the petition before determining an appropriate course of 
action. A copy of the TIA petition has been placed in the docket 
referenced at the beginning of this notice.
    Given that the TIA petition expresses a different perspective than 
those expressed in the OOIDA and SBTC petitions, FMCSA would like to 
hear from members of the public on their views on the regulation of 
property carrier brokers in general, and on the three petitions, 
specifically.

James W. Deck,
Deputy Administrator.
[FR Doc. 2020-22482 Filed 10-9-20; 8:45 am]
BILLING CODE 4910-EX-P