
By the Connect Express Team, Glendale, AZ. Published October 29, 2026.
A federal proposal that would change how freight brokers share transaction records with carriers and shippers is still waiting on White House review. According to Land Line, FMCSA sent a supplemental proposed rule titled “Transparency in Broker Transactions” to the Office of Management and Budget in August, and more than two months later it has not been published. For Phoenix and Glendale shippers who move freight through brokers, asset carriers or both, the broker transparency rule is worth tracking now.
What the Current Rule Already Requires
The existing regulation, 49 CFR 371.3, requires a broker to keep a record of each transaction. That record covers the consignor, the carrier’s name, address and registration number, the bill of lading number, the broker’s compensation and who paid it, any non-brokerage services, and the freight charges collected and the date paid to the carrier. Brokers must keep these records for three years, and each party to a brokered transaction has the right to review the record of that transaction.
Land Line reports that brokers often get around the review right by requiring waivers or by telling truckers they must come to a physical office to see the records. That gap is why the issue has stayed on FMCSA’s agenda for years.
What FMCSA Proposed Before
FMCSA published a proposed rule on November 20, 2024 (89 FR 91648, docket FMCSA-2023-0257) in response to petitions from the Owner-Operator Independent Drivers Association and the Small Business in Transportation Coalition. The agency said the proposal would make clear that brokers must provide transaction records to the parties of a transaction on request, and would change the format and content of the records brokers keep. The comment period was later reopened through March 20, 2025.
Transport Topics reported that the original proposal required electronic transaction records and carrier access within 48 hours, and that the American Trucking Associations and the Transportation Intermediaries Association opposed it. The supplemental version now under review has not been made public, so its final terms are not known yet.
What Happens Next
Once OMB finishes its review, the supplemental proposal would be published in the Federal Register and a new public comment period would open. Land Line notes that FMCSA’s regulatory agenda had targeted July and that the rule is listed as economically “nonsignificant.” It is one of several FMCSA rulemakings on the agenda, alongside proposals on electronic logging devices, the Drug and Alcohol Clearinghouse and new entrant safety. FMCSA leadership also said the rule is coming, as we noted in our Motus registration update.
What Shippers Can Do Now
- Know who is actually hauling your load. Our guide to asset carrier vs broker explains the difference and why it matters for accountability.
- Ask for the carrier’s name and registration details on every brokered load, and match them to the paperwork at pickup.
- Keep your own copies of rate confirmations and bills of lading in case a dispute comes up later.
- Check the carrier’s safety record and insurance before you tender freight, using our carrier safety compliance guide.
- Watch for the Federal Register notice and decide whether your company wants to comment when the window opens.
If you want to understand what drives the price of a load before and after a broker is involved, see our breakdown of freight transportation rates and costs.
Questions about a lane or a load? Call Connect Express at 480-401-1998, email admin@connectexpressllc.com, or visit us at 5701 W Maryland Ave, Glendale, AZ 85301.
Sources
- Land Line, “Flurry of rules from FMCSA headed your way?” (October 28, 2026)
- Transport Topics, “FMCSA revives freight broker transparency proposal”
- Federal Register, Transparency in Property Broker Transactions, proposed rule (November 20, 2024)
- Federal Register, comment period reopened (February 18, 2025)
- 49 CFR 371.3, Records to be kept by brokers (Cornell LII)




