Notice2026-01832
Agency Information Collection Activities; Approval of a New Information Collection Request: Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses (CDL)
Primary source
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Published
January 30, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval. On September 29, 2025, FMCSA issued an interim final rule to restore the integrity of the commercial driver's license (CDL) issuance processes by significantly limiting the authority for SDLAs to issue and renew non-domiciled commercial learner's permits (CLPs) and CDLs to individuals domiciled in a foreign jurisdiction. That interim final rule included a new collection of information, OMB Control Number: 2126-0087, "Non-Domiciled Commercial Driver's License Records," which was approved by OIRA in September 2025 on an emergency basis. That emergency approval expires on February 28, 2026. FMCSA will submit this information collection request for a full three-year approval.
Full Text
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<title>Federal Register, Volume 91 Issue 20 (Friday, January 30, 2026)</title>
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[Federal Register Volume 91, Number 20 (Friday, January 30, 2026)]
[Notices]
[Pages 4162-4164]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01832]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-0622]
Agency Information Collection Activities; Approval of a New
Information Collection Request: Restoring Integrity to the Issuance of
Non-Domiciled Commercial Drivers Licenses (CDL)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for review
and approval. On September 29, 2025, FMCSA issued an interim final rule
to restore the integrity of the commercial driver's license (CDL)
issuance processes by significantly limiting the authority for SDLAs to
issue and renew non-domiciled commercial learner's permits (CLPs) and
CDLs to individuals domiciled in a foreign jurisdiction. That interim
final rule included a new collection of information, OMB Control
Number: 2126-0087, ``Non-Domiciled Commercial Driver's License
Records,'' which was approved by OIRA in September 2025 on an emergency
basis. That emergency approval expires on February 28, 2026. FMCSA will
submit this information collection request for a full three-year
approval.
DATES: Comments on this notice must be received on or before March 2,
2026.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be submitted within 30 days of
publication of this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find
this information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Philip Thomas, Deputy Associate
Administrator, Office of Safety, FMCSA, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001; (202) 366-9554; <a href="/cdn-cgi/l/email-protection#0c5c646560657c22586463616d7f4c686378226b637a"><span class="__cf_email__" data-cfemail="37675f5e5b5e4719635f585a56447753584319505841">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Title: Non-Domiciled Commercial Driver's License Records.
OMB Control Number: 2125-0087.
Type of Request: Renewal.
Respondents: SDLAs issuing non-domiciled CDLs.
Estimated Number of Respondents: 51.
Estimated Time per Response: 15 minutes.
Expiration Date: February 28, 2026.
Frequency of Response: Ongoing.
Estimated Total Annual Burden: 1500 hours.
Background:
This information collection request (ICR) covers the collection and
retention of the documentation provided to a SDLA during the
application process for a non-domiciled CLP or CDL. The requirements
found in this ICR were promulgated in an interim final rule (IFR),
published on September 29, 2025 (90 FR 46509). FMCSA received approval
for the ICR on September 28, 2025, and that approval is set to expire
on February 28, 2026. On November 13, 2025, the U.S. Court of Appeals
for the District of Columbia Circuit issued a stay pending review of
the IFR. (see Lujan v FMCSA, 2025 WL 3182504). FMCSA is seeking a full
three-year approval of the ICR, despite the stay, in order to ensure
that the collection will be able to be enforced as soon as the stay is
lifted or, alternately, as soon as FMCSA is able to issue a final rule.
The IFR and this ICR are based on the broad authority of the
Commercial Motor Vehicle Safety Act of 1986 (CMVSA, 49 U.S.C. 31301, et
seq.), as amended, which was also the basis on which FMCSA relied in
establishing the CDL program and the performance standards with which
State CDL programs must comply. The statute requires the Secretary of
Transportation (Secretary), after consultation with the States, to
prescribe uniform minimum standards ``for testing and ensuring the
fitness of an individual operating a commercial motor vehicle'' (49
U.S.C. 31305(a)). In addition, the statute requires States that issue
non-domiciled CDLs to do so in accordance with regulations established
by the Secretary (49 U.S.C. 31311(a)(12)(B)(ii)). The Administrator of
FMCSA is delegated authority under 49 U.S.C. 113(f) and 49 CFR 1.87 to
carry out the functions vested in the Secretary by 49 U.S.C. chapters
311, 313, and 315 as they relate to CMV operators, programs, and
safety.
The IFR and this ICR are also consistent with the concurrent
[[Page 4163]]
authorities of the Motor Carrier Safety Act of 1984 (49 U.S.C. 31131,
et seq.), as amended, and the Motor Carrier Act of 1935 (49 U.S.C.
31502), as amended. The 1984 Act granted the Secretary broad authority
to issue regulations ``on commercial motor vehicle safety,'' including
regulations to ensure that ``commercial motor vehicles are . . .
operated safely'' (49 U.S.C. 31136(a)(1)). The IFR and ICR are
consistent with the safe operation of CMVs. In accordance with 49
U.S.C. 31136(a)(2), the information collection requirements will not
impose any ``responsibilities . . . on operators of commercial motor
vehicles [that would] impair their ability to operate the vehicles
safely.'' Neither the IFR nor the ICR directly address medical
standards for drivers (49 U.S.C. 31136(a)(3)) or possible physical
effects caused by driving CMVs (49 U.S.C. 31136(a)(4)). FMCSA does not
anticipate that the IFR or the ICR will result in the coercion of CMV
drivers by motor carriers, shippers, receivers, or transportation
intermediaries to operate a CMV in violation of the Federal Motor
Carrier Safety Regulations (FMCSRs, 49 U.S.C. 31136(a)(5)).
Need for Information: The licensed drivers in the United States
deserve reasonable assurances that their fellow motorists are properly
qualified to drive the vehicles they operate. Under the Commercial
Motor Vehicle Safety Act of 1986 (CMVSA, 49 U.S.C. 31301 et seq.), as
amended, FMCSA established the CDL program and the performance
standards with which State CDL programs must comply. The CDL
regulations in 49 CFR part 383 prescribe uniform minimum standards for
testing and ensuring the fitness of individuals who operating
commercial motor vehicles (CMVs), and State compliance with the CDL
program is addressed in Part 384. In particular, States that issue non-
domiciled CDLs must do so in accordance with Sec. Sec. 383.71, 383.73
and 384.212.
This collection is intended to ensure that States retain all
documents involved in the licensing process for non-domiciled CLP and
CDL holders for a period of no less than two years from the date of
issuing (which includes amending, correcting, reprinting, or otherwise
duplicating a previously issued CLP or CDL), 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.
Proposed Use of Information: State officials use the information
collected from non-domiciled CDL applicants to determine whether an
individual is eligible to receive a non-domiciled CDL and to prevent
unqualified, and/or disqualified CLP and CDL holders and applicants
from operating CMVs on the Nation's highways. During State CDL
compliance reviews, FMCSA officials review this information to ensure
that the provisions of the regulations are being carried out. Without
the aforementioned requirements, there would be no uniform control over
driver licensing practices to prevent uncertified and/or disqualified
foreign drivers from being issued a non- domiciled CLP or CDL. Failure
to collect this information would render the regulations unenforceable.
Comments received on IFR: Pursuant to 5 CFR 1320.11, FMCSA notified
the public of its intent to submit this collection to OMB for a full
three-year approval period in the IFR (see 90 FR 46509, 46522) and
sought public comment on the proposed ICR. FMCSA received the following
comments:
In a joint submission, Massachusetts, California, and 17 Other
Jurisdictions stated that FMCSA's information collection is not
``necessary for the proper performance of the functions of the agency''
per the Paperwork Reduction Act (PRA) because the agency lacks
statutory authority over immigration, as even FMCSA admits there is no
evidence linking immigration status to CDL driver safety. The joint
submission said requiring SDLAs to retain and produce immigration
documents and SAVE query results duplicates DHS responsibilities and is
unnecessary for the proper performance of FMCSA's functions. In
addition, the joint submission said the IFR does not ``reduce[ ] to the
extent practicable and appropriate the burden on persons who shall
provide information to or for the agency'' per the PRA. Rather, it
places considerable burden on SDLAs, as it contains no limitation on
documents and requires that SDLAs provide documents on a 48-hour
turnaround. The joint submission said FMCSA provides no explanation for
this new requirement, especially given existing regulations that
already mandate APRs and information sharing. An individual asserted
that the small entity impacts and PRA impacts are understated.
Massachusetts, California, and 17 Other Jurisdictions stated that,
although FMCSA claims the rule does not involve collecting PII, it
requires SDLAs to retain and share immigration documents (e.g.,
passports and I-94s) that contain PII. The joint submission said
FMCSA's failure to comply with the statutory requirement to assess the
privacy impact of the PII collection was arbitrary and capricious. The
joint submission and Asian Law Caucus said FMCSA provided no
opportunity to review the supporting Privacy Impact Analysis despite
stating that it would be available for review in the docket. The Small
Business in Transportation Coalition stated that: (1) the proposed
information collection is necessary; (2) they do not contest the
accuracy of the estimated burden; (3) they have no suggestions on ways
for FMCSA to enhance the quality, usefulness, or clarity of the
collected information; and (4) they can offer no information on ways
the burden could be minimized without reducing the quality of the
collected information.
The information collection requirements in the IFR are necessary.
FMCSA has extensive authority over the CDL issuance process and the
review of State licensing programs. As discussed in the IFR, the APRs
highlighted a lack of available information at the State-level
regarding non-domiciled CLPs and CDLs that were issued and the
documentation that was provided during the application process for
those non-domiciled CLPs and CLDs. This led to difficulties for the
Agency during the APR process. It became clear during the APR process
that the prior information collection and retention requirements were
not sufficient to ensure FMCSA has the ability to review non-domiciled
CLP and CDL issuance by SDLAs in a reasonable timeframe. The
requirement for SDLAs to retain copies of the information relied on
during the non-domiciled application process is not only a minor
burden, but it also ensures that FMCSA has access to the necessary
information during the APR process and other audits in the future. The
requirement for producing those copies within 48 hours of a request
from FMCSA ensures that the Agency has adequate access to the records.
The information collection is neither duplicative nor unlimited. It
requires copies to be made of the two specific identification documents
used in the application process for a non-domiciled CLP or CDL, both of
which must already be inspected by the SDLA, and a copy of the required
SAVE query. Commenters do not provide a citation to a specific,
currently approved information collection containing a
[[Page 4164]]
duplicative requirement for retention of these documents.
Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information.
Issued under the authority of 49 CFR 1.87.
Jonathan Mueller,
Acting Associate Administrator, Office of Research and Registration.
[FR Doc. 2026-01832 Filed 1-29-26; 8:45 am]
BILLING CODE 4910-EX-P
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