DEPARTMENT OF TRANSPORTATION
                Federal Motor Carrier Safety Administration
                49 CFR Parts 386 and 387
                [Docket No. FMCSA20160102]
                RIN 2126AC10
                Broker and Freight Forwarder Financial Responsibility
                
                    AGENCY:
                    Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT).
                
                
                    ACTION:
                    Notice of proposed rulemaking (NPRM); extension of comment period.
                
                
                    SUMMARY:
                    
                        FMCSA is extending the comment period for its January 5, 2023, NPRM proposing rules to regulate broker and freight forwarder financial responsibility in five separate areas: 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; and entities eligible to provide trust funds for form BMC85 trust fund filings. As originally published in the NPRM, the deadline for comments was March 5, 2023. However, FMCSA is extending this comment period to April 6, 2023, in anticipation of a public listening session allowing comments on this topic. The session will be hosted by FMCSA at 10:00 a.m. on March 31, 2023, in Louisville, KY, and held concurrently with the Mid America Trucking Show (MATS). Anyone wishing to attend can register at: 
                        https://www.eventbrite.com/e/fmcsa-session-2-broker-regulatory-session-tickets-549535173497.
                         In addition, a transcript of the public listening session will be placed in the rulemaking docket.
                    
                
                
                    DATES:
                    The comment period for the NPRM published January 5, 2023, at 88 FR 830 is extended by 31 days. Comments must be received on or before April 6, 2023.
                
                
                    ADDRESSES:
                    
                        You may submit comments identified by Docket Number FMCSA
                        -
                        20160102 using any of the following methods:
                    
                    
                         
                        Federal eRulemaking Portal:
                         Go to 
                        https://www.regulations.gov/docket/FMCSA-2016-0102/document.
                         Follow the online instructions for submitting comments.
                    
                    
                         
                        Mail:
                         Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Room W12140, Washington, DC 205900001.
                    
                    
                         
                        Hand Delivery or Courier:
                         Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Room W12140, Washington, DC 205900001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 3669317 or (202) 3669826 before visiting Dockets Operations.
                    
                    
                         
                        Fax:
                         (202) 4932251.
                    
                    
                        To avoid duplication, please use only one of these four methods. See the Public Participation and Request for Comments portion of the 
                        SUPPLEMENTARY INFORMATION
                         section for instructions on submitting comments.
                    
                
                
                    FOR FURTHER INFORMATION CONTACT:
                    
                        Mr. Jeffrey L. Secrist, Chief, Registration, Licensing, and Insurance Division, Office of Registration, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 205900001; (202) 3852367; 
                        Jeff.Secrist@dot.gov.
                         If you have questions on viewing or submitting material to the docket, call Dockets Operations at (202) 3669826.
                    
                
            
            
                SUPPLEMENTARY INFORMATION:
                
                I. Public Participation and Request for Comments
                A. Submitting Comments
                If you submit a comment, please include the docket number for this NPRM (FMCSA20160102) and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so FMCSA can contact you if there are questions regarding your submission.
                
                    To submit your comment online, go to 
                    
                        https://www.regulations.gov/docket/
                        
                        FMCSA-2016-0102/document,
                    
                     click on this NPRM, click Comment, and type your comment into the text box on the following screen.
                
                
                    If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8
                    1/2
                     by 11 inches, suitable for copying and electronic filing.
                
                FMCSA will consider all comments and material received during the comment period.
                Confidential Business Information (CBI)
                
                    CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to the NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to the NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission that constitutes CBI as PROPIN to indicate it contains proprietary information. FMCSA will treat such marked submissions as confidential under the Freedom of Information Act, and they will not be placed in the public docket of the NPRM. Submissions containing CBI should be sent to Mr. Brian Dahlin, Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 205900001 at 
                    brian.g.dahlin@dot.gov.
                     At this time, you need not send a duplicate hardcopy of your electronic CBI submissions to FMCSA headquarters. Any comments FMCSA receives not specifically designated as CBI will be placed in the public docket for this rulemaking.
                
                B. Viewing Comments and Documents
                
                    To view any documents mentioned as being available in the docket, go to 
                    https://www.regulations.gov/docket/FMCSA-2016-0102/document
                     and choose the document to review. To view comments, click this NPRM, then click Browse Comments. If you do not have access to the internet, you may view the docket online by visiting Dockets Operations in Room W12140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 205900001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 3669317 or (202) 3669826 before visiting Dockets Operations.
                
                C. Privacy
                
                    In accordance with 49 U.S.C. 13301(a) and 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its regulatory process. DOT posts these comments, without edit, including any personal information the commenter provides, to 
                    www.regulations.gov.
                     As described in the system of records notice DOT/ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed at 
                    https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices,
                     the comments are searchable by the name of the submitter.
                
                II. Background
                The January 5, 2023, NPRM (88 FR 830) requested public comment in five separate areas: 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; and entities eligible to provide trust funds for form BMC85 trust fund filings.
                The comment period for the NPRM is scheduled to expire on March 6, 2023. FMCSA believes it is in the interest of the public to allow for public comment on this proposal at a public listening session, which will be held at 10:00 a.m. on Friday, March 31, 2023. Accordingly, FMCSA extends the comment period for all comments on the NPRM and its related documents until April 6, 2023.
                Issued under authority delegated in 49 CFR 1.87.
                
                    Robin Hutcheson,
                    Administrator.
                
            
            [FR Doc. 202304716 Filed 3723; 8:45 am]
            BILLING CODE 4910EXP