On November 16, 2022 (87 FR 68635), the Federal Motor Carrier Safety Administration (FMCSA) published a notice in the Federal Register (FR) to inform the public and regulated entities about FMCSA’s interpretation of the definitions of “broker” and “bona fide agents” as it relates to all brokers of transportation by motor vehicle. FMCSA is taking this action to better define the terms in response to a mandate in the Infrastructure Investment and Jobs Act (IIJA). After consideration of public comments received, FMCSA is providing clarification on its interpretation of the definitions of “broker” and “bona fide agents,” in addition to meeting other criteria required by the IIJA. While this interim guidance is effective immediately, FMCSA is also seeking comments in response to this interim guidance and may issue updated guidance if comments demonstrate a need. This updated guidance is effective November 16, 2022. Comments must be received on or before January 17, 2023.

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FMCSA 11-16-2022 interim guidance Definitions of Broker