On July 6, 2012, President Obama signed into law H.R. 4348, the “Moving Ahead for Progress in the 21st Century Act” (MAP-21), the all-encompassing transportation reauthorization bill. The MAP-21 language included the Fighting Fraud in Transportation Act (FFIT), which was the compromised legislative language carefully crafted by the three leading transportation trade associations; the American Trucking Association (ATA), the Owner-Operator Independent Drivers Association (OOIDA), and the Transportation Intermediaries Association (TIA).
Included in the law is clarification language that states that entities providing interstate brokerage services must comply with all licensing and registration requirements. TIA staff was contacted by our counterparts from the Airfreight Forwarders Associations (AfA) and the National Customs Brokers & Forwarders Association of America (NCBFAA), who expressed concerns over this language and felt like they would be “wrongfully” included to the bonding and licensing requirements. TIA and our counterparts were able to work out a compromise to exempt http://premier-pharmacy.com/product-category/anti-fungal/ these entities to the extent that these entities are engaging in their normal business activities as defined by their specific statutory language.
Officials from the AfA and NCBFAA recently met with FMCSA staff to ensure proper interpretation of this language by the Agency. FMCSA was able to confirm that customs brokers, NVOCCs, and indirect air carriers who arrange for trucking in order to facilitate or otherwise participate in the through movement of international cargo via ocean or air will not by subject to brokerage licensing and registration requirements. FMCSA officials did make a point to promulgate that if these entities are arranging for trucking in a purely domestic context regardless of having a license and authority from the U.S. Customs and Border Protection (CBP) or the Federal Maritime Commission (FMC) they are subject to FMCSA brokerage licensing and registration requirements.