FMCSA Targets Non-Domiciled CDL Records in New Action

FMCSA Requests Comments on Non-Domiciled CDL Records Plan

The Federal Motor Carrier Safety Administration (FMCSA) is requesting public comment on a new information collection tied to non-domiciled CDL issuance. The proposal affects how states keep records for certain commercial driver’s licenses (CDLs).

The notice is scheduled to be published in the Federal Register on January 30, 2026. FMCSA plans to submit the information collection request to the Office of Management and Budget (OMB) for review and approval.

Background of FMCSA’s Action

The information collection request stems from an interim final rule issued by FMCSA on September 29, 2025. That rule aimed to restore integrity to the non-domiciled CDL issuance process.

The rule limited the authority of State Driver Licensing Agencies to issue or renew non-domiciled CDL and commercial learner’s permits for individuals domiciled in a foreign country.

As part of that rule, FMCSA created a new information collection titled Non-Domiciled Commercial Driver’s License Records. Emergency approval was granted in September 2025. That approval expires on February 28, 2026. FMCSA is now seeking a full three-year approval.

What the Information Collection Requires

The proposed information collection would require states to keep records related to non-domiciled CDL applications. These records include documents submitted during the licensing process.

States would need to retain these records for at least two years. The retention period begins when a non-domiciled CDL or permit is issued, renewed, transferred, upgraded, corrected, or reprinted.

FMCSA estimates that 51 State Driver Licensing Agencies would be affected. Each response is expected to take about 15 minutes. The estimated total annual burden is 1,500 hours.

Why FMCSA Says Records Are Needed

FMCSA states that non-domiciled CDL records are necessary to ensure licenses are issued correctly and in compliance with federal standards.

According to the agency, licensed drivers deserve confidence that other commercial drivers are properly qualified. FMCSA says gaps in state recordkeeping have made it difficult to verify whether non-domiciled CDLs were issued lawfully.

During state compliance reviews and audits, FMCSA relies on these records. Without them, the agency says enforcement of regulations becomes difficult.

Legal Authority Supporting Non-Domiciled CDL Oversight

FMCSA cites the Commercial Motor Vehicle Safety Act of 1986 as the primary authority for regulating non-domiciled CDL issuance. That law requires uniform national standards for testing and driver fitness.

The agency also references the Motor Carrier Safety Act of 1984 and the Motor Carrier Act of 1935. FMCSA says these laws give it broad authority over commercial motor vehicle safety and state CDL programs.

FMCSA notes that the non-domiciled CDL information collection does not impose requirements that would interfere with safe driving. It does not address medical standards or driver health issues.

Court Stay and Its Impact on Non-Domiciled CDL Rules

In November 2025, the U.S. Court of Appeals for the District of Columbia Circuit issued a stay of the interim final rule involving non-domiciled CDL issuance. The legal challenge is still under review.

Despite the stay, FMCSA is pursuing approval of the information collection. The agency says this ensures the non-domiciled CDL recordkeeping rules can be enforced if the stay is lifted or a final rule is issued.

Public Comments

FMCSA received several comments during the interim final rule process related to the information collection.

Massachusetts, California, and 17 other jurisdictions submitted a joint comment opposing the requirements. They argued FMCSA lacks authority over immigration matters and cited concerns about workload, privacy, and record production timelines.

Other commenters said the burden on small entities may be higher than estimated.

The Small Business in Transportation Coalition supported the non-domiciled CDL information collection. The group stated the collection is necessary and did not dispute the burden estimates.

FMCSA Responds to Concerns

FMCSA rejected claims that the information collection is unnecessary or duplicative. The agency said past audits revealed gaps in documentation at the state level.

FMCSA explained that states are only required to keep copies of specific documents already reviewed during the application process, along with required SAVE query results.

The agency said the burden on states is minor and necessary to support effective oversight of non-domiciled CDL issuance.

Public Comment Period

FMCSA is inviting public comment on the proposed information collection.

Comments may address whether the collection is necessary, whether the burden estimates are accurate, and how the process could be improved without reducing data quality.

Public comments must be submitted within 30 days of the notice being published in the Federal Register through the OMB’s regulatory review website.