FMCSA plans broker transparency proposal this month

FMCSA is expected to release a supplemental proposal this month on broker transparency, according to the U.S. Department of Transportation’s 2026 regulatory agenda. The issue centers on 49 CFR 371.3, a rule that has been in the Code of Federal Regulations since 1980.

Under 49 CFR 371.3, property brokers must keep a record of each transaction, and each party to that transaction has the right to review the record. In practice, the article says, carriers have long argued that brokers avoid that duty by putting waiver language into carrier agreements or by simply refusing to turn over the records.

The current push began in May 2020, when the Owner-Operator Independent Drivers Association petitioned FMCSA to amend 371.3. OOIDA asked for an electronic copy of each transaction record within 48 hours after a load is completed. The Small Business in Transportation Coalition also asked FMCSA to stop brokers from coercing carriers into waiving their review rights and to bar contract clauses that exempt brokers from compliance.

The Transportation Intermediaries Association, which represents brokers and third-party logistics companies, countered with a petition to eliminate 371.3(c) entirely. FMCSA granted the carrier petitions in March 2023 and rejected TIA’s petition.

In November 2024, FMCSA published a notice of proposed rulemaking that drew close to 7,000 public comments. The article says the administration then changed course and DOT decided to start over with a new proposal. The November 2024 version would have required brokers to keep transaction records electronically, modernized what those records must contain, made transparency an affirmative duty on the broker, and required production within 48 hours of a request.

The broker side says the rule is outdated and burdensome. TIA argued that the rule was written for a time when brokers commonly acted as commissioned sales agents for motor carriers, while today brokers are principals buying and reselling transportation at risk. TIA also said shippers do not want their transportation costs visible to competitors and that confidentiality clauses force brokers to seek waivers from carriers.

The carrier side says the right already exists and just needs to be enforced. OOIDA said truckers want brokers to reasonably comply with existing federal regulations and are not asking for anything more than their right to transparency. The article also says carriers see value in the records for claims disputes, fraud concerns, and negotiation.

What happens next is still open. The expected release is a supplemental proposal, not a final rule. After publication, there will be a comment period, then a final rule, then a compliance date. The article says the May target already slipped to July, and the 2024 proposal was scrapped after the comments came in.