FMCSA sends updated broker transparency rule to OMB for approval
The wait is finally (almost) over. The Federal Motor Carrier Safety Administration, after numerous missed target dates, is moving forward with a new proposed rule related to brokered freight records and rates transparency.
On Thursday, Aug. 27, the agency sent the new proposal to the White House’s Office of Management and Budget (OMB) for approval, which is the last step before a rulemaking is published in the Federal Register and opens for comments.
In November 2024, FMCSA published its first proposal related to broker transparency, which, among other provisions, proposed making it a “regulatory obligation” for brokers to disclose a given load’s transaction record.
That proposal received thousands of comments on the federal docket, yet it has been in limbo ever since. Rather than moving forward to the Final Rule stage like many rulemaking proposals, FMCSA has instead signaled it plans to publish a “supplemental notice of proposed rulemaking,” typically issued when a proposed rule has been changed significantly.
The agency has given little indication about what will be different in this new proposal, though the proposal’s summary in most recent Unified Agenda notes that the proposal is in response to petitions filed in 2020 from the Owner-Operator Independent Drivers Association and the Small Business in Transportation Coalition.
OOIDA’s petition requested that FMCSA require brokers to provide an electronic copy of each transaction record within 48 hours after the contracted service is complete and to explicitly prohibit brokers from including in their contracts any provision that requires a motor carrier to waive its rights to access the records.
SBTC also requested that the agency 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’s petition also requested that FMCSA adopt regulatory language indicating that brokers’ contracts may not include a stipulation or clause that exempts the broker from having to comply with the transparency requirement.
The review period for OMB’s Office of Information and Regulatory Affairs (OIRA) is limited by executive order to 90 days, though that can be extended by up to 30 days under certain circumstances.
Recent Overdrive surveying of readers found that more than half of owner-operators strongly favored FMCSA’s late-2024 proposal as written, and a third of respondents urged regulators to “move faster to finalize the proposal and get it across the finish line.” Get the full report, digging in on issues of broker vetting, fraud and more, via the short form below.
[Related: FMCSA’s broker transparency rule: Date missed, more owner-ops going direct]
Extended I-5 closure upcoming
An extended closure of the southbound Interstate 5 lanes through the Rose Quarter in Portland, Oregon, could bring significant delays, Oregon DOT said.
Starting at 10 p.m. Friday, Sept. 11, SB I-5 will close for about five weeks in the Rose Quarter. Crews will work around the clock to conduct critical repairs and improve safety, ODOT added.
ODOT Director Chris Warner, project leaders and Portland city officials gathered Aug. 27 to urge travelers to prepare for the closure and be ready for its impacts on traffic in the Portland area and beyond.
Travel times may take two to three times longer than usual, they said. Congestion could sometimes back up across the Columbia River into Washington and onto local streets in Portland.
“I know this will be difficult for a lot of people,” Warner said. “You have my commitment that we will reopen I-5 as soon as we can.”
Repairs of the elevated section of I-5 just south of the Moda Center were last done in 1985, over 40 years ago and beyond the expected 25-year life span of the concrete surface. Without a full repair, more frequent and expensive emergency repairs will be needed.
ODOT evaluated several options on how to do this critical work and decided the full closure is the quickest and most cost-efficient approach.
“We expect significant delays and unpredictable travel times for I-5 and I-405 — as well as many parallel and alternate routes in the city,” ODOT Project Delivery Manager David Kim said. “Even if you don’t usually use I-5 southbound, your travel times will be affected with travelers seeking different routes.”
Travel impacts during the closure include:
- I-5 SB on-ramps from Alberta, Greeley and I-405 northbound/Fremont Bridge will be closed.
- All I-5 SB travel will be detoured to I-405 SB. Regional traffic will be directed to Interstate 205.
- One lane of I-5 SB will remain open to the Broadway exit by the Moda Center.
- I-84 WB to I-5 SB will remain open.
- I-5 NB will remain open.
ODOT said the elevated structure just south of the Moda Center has ruts, cracks and potholes from decades of heavy use and weather, which leads to further structural degradation. Crews will remove the concrete surface layer, conduct critical structural repairs to the base layer and then replace the concrete surface.
The concrete was last replaced in 1985. The repairs will avoid further decay and more frequent, costly and emergency repairs, ODOT noted.
Four unauthorized moving companies busted in Oregon
The Oregon Department of Transportation, in partnership with local law enforcement agencies, recently addressed the issue of unauthorized household goods moving companies at a covert operation in Clackamas County on Aug. 20.
The operation was designed to enforce regulations that protect consumers and uphold the integrity of authorized moving companies.
Law enforcement agencies cited four unauthorized moving companies for operating without a required certificate: Your Stuff Movers, The Mover Company, Marion Mountain Movers and Portland Movers 24/7. Additional violations included:
- Failure to carry proof of liability insurance
- Medical card violation
- Operating without an active USDOT number
- Operating a commercial motor vehicle without the name displayed on the vehicle
- Failure to have required information on rental agreement
- Driver not physically qualified to operate a commercial motor vehicle
- Failure to carry or maintain a proper fire extinguisher
According to state law, any individual or company offering to transport household items must be certified by ODOT. To get certified, applicants need to prove they are fit, able and willing to provide this service. By enforcing this statute, ODOT aims to eliminate unlicensed and dishonest moving companies that can be dangerous, provide poor service and put customers at risk, the department said.
Moving companies offering, advertising or transporting without authorization in Oregon are subject to a $3,000 civil monetary penalty issued by the ODOT Commerce and Compliance Division.
ODOT will issue this penalty to all four of the moving companies cited at the operation to help deter future unauthorized moves and encourage compliance. The penalty increased from $1,000 this year due to Senate Bill 839, which also expanded the scope for penalties.
“Operations like these ensure fair competition by supporting licensed and trustworthy moving companies by reducing competition from unlicensed movers,” said ODOT Commerce and Compliance Division Investigation and Compliance Manager Leah Cisneros. “Our regulations help keep people and their belongings safe.”
