The proposal
In 2024, FMCSA published a Notice of Proposed Rulemaking (NPRM) under 49 USC §14704 to clarify broker transparency requirements. The proposal would require brokers to provide carriers with itemized records of each transaction within a defined window after delivery - addressing a long-standing motor-carrier complaint that 49 CFR §371.3 transparency rights are widely disregarded.
The comment period closed in late 2024. FMCSA has been reviewing roughly 10,000+ comments. No final rule has been published as of early 2026.
Current state
49 CFR §371.3 still requires brokers to maintain records of each transaction including the rate paid by the shipper, the rate paid to the carrier, and the broker's margin. Carriers may request these records from brokers; brokers must provide them. The challenge is enforcement - small carriers rarely sue a broker over a §371.3 violation.
The 2024 NPRM aims to make compliance more automatic. Whether the final rule retains the original timing window (likely 30 days post-delivery) and the original recordkeeping format is uncertain pending FMCSA's review of comments.
What carriers should do
Carriers can already request §371.3 records from brokers. Document the request in writing; document the response or non-response. A broker who refuses to provide records may face a complaint to FMCSA or, in extreme cases, a private cause of action under §14704.
Watch fmcsa.dot.gov/regulations for the final rule. Industry trade associations (OOIDA, ATA, TIA) publish position summaries.