Several initiatives building off earlier comment periods and stakeholder processes

Earlier this month, the FMCSA released their Spring 2023 Regulatory agenda, previewing timelines for key regulatory actions for the remainder of the year and beyond. While other actions will be taken by the agency, the agenda focuses on the most impactful to industry and stakeholders, as measured through compliance time and estimated costs. 

Highlights and background on relevant regulations for the domestic household goods industry are below:

• The agency noted they will move ahead with a second notice of proposed rulemaking this summer to review the potential for speed limiter requirements and applications on commercial vehicles weighing more than 26k lbs. 

• FMCSA is also expected to set out a final rulemaking for broker and freight forward financial responsibility by January 2024. Related to the broker realm, in June the FMCSA also finalized regulatory guidance for definitions for brokers and bona fide agents. This largely reinforced interim guidance, with a nod to future broker financial and regulatory requirements to be determined, as highlighted in the regulatory agenda.

• Removed from the Spring agenda was the Consumer Complaint Information Reporting Program for motor carriers of household goods. If revisited, HHG motor carriers would be required to submit a quarterly report of household goods moving complaints received from both shippers and consumers to the agency.

New to the Spring agenda is the registration and a demonstration of knowledge for household goods motor carriers. Earlier approved legislation (MAP-21) allowed for the FMCSA to require agency registration in order to provide transportation of household goods. This would include successful completion of a to be developed proficiency examination and intent to comply with applicable Federal laws relating to consumer protection, estimating, consumers’ rights and responsibilities, and options for limitations of liability for loss and damage.

IAM anticipates a busy summer of notices, proposed rules, and stakeholder comment periods from the FMCSA. We will keep members apprised of opportunities for engagement and association positions as they are developed. For more information, or if you have any questions on the agency proposals highlighted, please contact Bryan Vickers (703-403-2882, bvickers@pacellp.com) with IAM's Government and Regulatory Affairs Team.