The Federal Motor Carrier Safety Administration offered an update on its plans to initiate rulemaking around brokered freight transaction transparency after blowing through its self-imposed target timeline and getting an outright angry response from small carriers via the Owner-Operator Independent Drivers Association.
FMCSA said it's still working on the proposed rule, and to stay tuned.
FMCSA announced in its 2023 Unified Agenda for rulemaking that it hoped to publish a proposed rule updating 49 CFR 371.3, which requires brokers to keep records of transactions and enshrines carriers' right to review the records, by October 31, 2024, the move inspired by petitions from OOIDA and other groups.
[Related: FMCSA 'do your damn job' on broker transparency: OOIDA]
That date came and went without a peep from FMCSA, but the agency has now responded to Overdrive's query on the proceedings.
"Unified Agenda dates are goals that the Agency strives to meet," an FMCSA spokesperson said. "The Agency continues to work diligently on the broker transparency NPRM," or Notice of Proposed Rulemaking.
As for when FMCSA might publish something, the spokesperson gave no clues.
"The estimated publication date is intended to provide insight on regulatory matters currently under consideration within the department and does not preclude issuance of a rulemaking notice before, or after, that date," FMCSA said. "FMCSA remains committed to moving forward with the rulemaking and encourages the public to submit comments to the public docket after the notice is published in the Federal Register."
Looking at the broader context, there is an obvious reason why FMCSA might delay a majorly impactful rulemaking from happening in late October or early November 2024 -- today, Tuesday, November 5, is Election Day.
FMCSA staff is comprised of both career professionals who work at the agency regardless of who runs the executive branch and also political appointees. The Secretary of the Department of Transportation, Pete Buttigieg, for example, might not be running the DOT in January. The FMCSA Administrator, likewise, could change under any new administration.
As such, much of Washington goes into a kind of early hibernation around presidential elections, especially close ones with no incumbent running.
That said, FMCSA has heard from the trucking industry for years that it needs clarity on CFR 371.3, and from brokers that the regulation should go away entirely. The fierce debate around the issue and weighty industry implications of any move on broker transparency probably don't make it any easier.
Overdrive readers overwhelmingly support the enforcement of 371.3 as it stands today, likewise efforts to bolster transaction records sharing. The largest shares of owners believe it could provide a leg up in load negotiations and price calculations, according to a survey earlier this year.
[Related: Broker margins, rates data, transparency: What owner-operators really think]
For more information on the candidates' records on trucking issues read here.
To keep updated on any movement on broker transparency, the FMCSA spokesperson said to "continue to monitor our website at www.fmcsa.dot.gov."
