Despite a stay in the courts, the Federal Motor Carrier Safety Administration remains committed to cleaning up the non-domiciled CDL system.
In a notice scheduled to be published in the Federal Register on Friday, Jan. 30, the agency announced that it is seeking a three-year approval of an information collection request regarding non-domiciled CDL records.
“This collection is intended to ensure that states retain all documents involved in the licensing process for non-domiciled commercial learner’s permit (CLP) and CDL holders for a period of no less than two years from the date of issuing, transferring, renewing, or upgrading a non-domiciled CLP or CDL. If states do not retain this documentation, FMCSA is severely hindered in its efforts to ensure compliance with the regulatory requirements because states are unable to accurately determine the number of non-domiciled CLPs and CDLs they have issued, or to prove to FMCSA officials that such CLPs and CDLs were properly issued.”
In September 2025, FMCSA issued an emergency interim final rule aimed at taking control of non-domiciled CDLs, saying states allowed thousands of unqualified, unvetted and illegal drivers to operate a commercial motor vehicle. FMCSA said the rule would remove about 194,000 CDLs.
Citing several recent crashes, Transportation Secretary Sean Duffy called the problem a “national emergency.”
The rule took effect immediately but was paused following a lawsuit filed in the U.S. Court of Appeals for the D.C. Circuit. On Dec. 3, 2025, the court granted a request to hold the lawsuit in abeyance until FMCSA reviews the comments and issues a final rule. The court has directed FMCSA to file status reports to the court in 90-day intervals beginning March 3.
“FMCSA is seeking a full three-year approval of the information collection request, despite the stay, in order to ensure that the collection will be able to be enforced as soon as the stay is lifted or … as soon as FMCSA is able to issue a final rule,” the agency wrote in the notice.
The public comment period for FMCSA’s emergency interim final rule ended on Nov. 28, 2025. FMCSA received more than 8,000 comments and will use that input to craft a final rule. LL
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