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FMCSA revives freight broker transparency proposal
Supplemental rulemaking follows an initial 2024 rule that the agency never finalized
The move suggests the agency is considering changes to its original proposal and would open another period of public comment if it clears review. (Bim/Getty Images)
Key Takeaways:
- FMCSA sent its supplemental freight broker transparency proposal to the White House for review Aug. 27, continuing work begun under the Biden administration.
- The original proposal required electronic transaction records and carrier access within 48 hours, drawing opposition from ATA and the Transportation Intermediaries Association.
- Following review, the rule may advance to Federal Register publication and another public comment period or return to FMCSA for further consideration.
The Federal Motor Carrier Safety Administration has advanced its freight broker transparency proposal to the White House for review, continuing regulatory work that began under the Biden administration.
FMCSA sent the supplemental rulemaking to the White House Office of Information and Regulatory Affairs on Aug. 27. From there, the rule may advance and be published in the Federal Register following review, which typically can take up to 90 days, or it could return to FMCSA for further consideration.
The agency never finalized its original proposal on broker transparency, published in 2024, after it extended the public comment period in 2025.
The supplemental rulemaking suggests the agency is considering changes to its original proposal and would open another period of public comment if it clears review.
The initial proposal would require brokers to keep transaction records in an electronic format and would clarify that motor carriers are entitled to that information within 48 hours of requesting it. In that proposal, FMCSA said the rulemaking was intended to “address an asymmetry of information between brokers, shippers, and motor carriers that affects the ability of all parties to participate effectively in a fair, efficient transportation system.”
The 2024 proposal didn’t go as far as the Owner-Operator Independent Drivers Association asked for at the time. The group wanted the records to be sent automatically within that time frame rather than requiring a carrier request, and it wanted the agency to prohibit contract provisions that waive carriers’ access rights.
The Transportation Intermediaries Association, on the other hand, has strongly opposed the proposal, describing it as “rate intrusion” inappropriate for the modern freight marketplace. The group also called on FMCSA to shift its attention to freight fraud, which it said costs the U.S. supply chain more than $1 billion annually.
American Trucking Associations expressed opposition to the proposal in comments submitted to FMCSA in 2025.
“ATA once again opposes these changes and urges FMCSA to reconsider such regulatory amendments to avoid compromising the ongoing competitiveness of the supply chain industry and overreaching beyond the agency’s purview,” ATA wrote at the time.
