Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses (CDL) Interim Final Rule

Federal Register / Vol. 90, No. 186 / Monday, September 29, 2025 / Rules and Regulations
§ 131.48 Water quality standards to protect
aquatic life in the Delaware River.

(a) Scope. (1) The designated use in
paragraph (b) of this section applies to
river miles 108.4 to 70.0 of the
mainstem Delaware River for the States
of New Jersey and Pennsylvania.

(2) The aquatic life criteria in
paragraph (c) of this section apply to
river miles 108.4 to 70.0 of the
mainstem Delaware River for the States
of Delaware, New Jersey, and
Pennsylvania.

46509

(b) Aquatic life designated use. The
aquatic life designated use is protection
and propagation of resident and
migratory aquatic life.
(c) Dissolved oxygen criteria. The
applicable dissolved oxygen criteria are
shown in table 1 to this paragraph (c).

TABLE 1 TO PARAGRAPH (c)—DISSOLVED OXYGEN CRITERIA
Magnitude
(percent oxygen
saturation)

Season
Spawning and Larval Development (March 1–
June 30).
Juvenile Development (July 1–October 31) ..........

Overwintering (November 1–February 28/29) .......

(d) Applicability. (1) The aquatic life
designated use in paragraph (b) of this
section applies concurrently with other
applicable designated uses in New
Jersey and Pennsylvania for river miles
108.4 to 70.0 of the mainstem Delaware
River.
(2) The dissolved oxygen aquatic life
water quality criteria in paragraph (c) of
this section are the applicable dissolved
oxygen criteria in Delaware, New Jersey,
and Pennsylvania for river miles 108.4
to 70.0 of the mainstem Delaware River
and apply concurrently with other
applicable water quality criteria.
(3) The designated use and criteria
established are subject to Delaware’s,
New Jersey’s, and Pennsylvania’s
general rules of applicability in the
same way and to the same extent as are
other federally promulgated and Stateadopted water quality standards in
those States.
[FR Doc. 2025–18816 Filed 9–26–25; 8:45 am]
BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 383 and 384
[Docket No. FMCSA–2025–0622]

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RIN 2126–AC98

Restoring Integrity to the Issuance of
Non-Domiciled Commercial Drivers
Licenses (CDL)
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Interim final rule; request for
comments.
AGENCY:

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Duration

66

Daily Average .......

66

Daily Average .......

74

Daily Average .......

66

Daily Average .......

Exceedance frequency
12 Days
son).
12 Days
son).
61 Days
son).
12 Days
son).

FMCSA amends the Federal
regulations for State Driver’s Licensing
Agencies (SDLAs) issuing commercial
driving credentials to foreign-domiciled
individuals. Through this interim final
rule (IFR), FMCSA restores 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. This change strengthens
the security of the CDL issuance process
and enhances the safety of commercial
motor vehicle (CMV) operations.
DATES: This IFR is effective September
29, 2025. Comments must be received
on or before November 28, 2025.
ADDRESSES: You may submit comments
identified by Docket Number FMCSA–
2025–0622 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/docket/
FMCSA-2025-0622/document. Follow
the online instructions for submitting
comments.
• Mail: Dockets Operations, U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Washington, DC 20590–
0001.
• Hand Delivery or Courier: Dockets
Operations, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, West Building, Ground
Floor, Washington, DC 20590–0001,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
To be sure someone is there to help you,
please call (202) 366–9317 or (202) 366–
9826 before visiting Dockets Operations.
• Fax: (202) 493–2251.
To avoid duplication, please use only
one of these four methods. See the
SUMMARY:

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Cumulative (10% of the 123-day seaCumulative (10% of the 123-day seaCumulative (50% of the 123-day seaCumulative (10% of the 123-day sea-

‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments,
including information collection
comments for the Office of Information
and Regulatory Affairs (OIRA), Office of
Management and Budget (OMB).
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; [email protected]. If you
have questions on viewing or submitting
material to the docket, call Dockets
Operations at (202) 366–9826.
SUPPLEMENTARY INFORMATION:

FMCSA

organizes this IFR as follows:
I. Public Participation and Request for
Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy
D. Comments on the Information
Collection
II. Executive Summary
III. Abbreviations
IV. Legal Basis
V. Background
A. Existing Requirements for Issuance of
Non-Domiciled CLPs and CDLs
B. The Need for Secure Identification
C. Annual Program Reviews (APRs) of
SDLAs
D. Recent, Fatal Crashes Involving Drivers
With Non-Domiciled CDLs
VI. Discussion of the Interim Final Rule
A. Justification for the IFR
B. Overview of the IFR
VII. International Impacts
VIII. Section-by-Section Analysis
A. Regulatory Provisions
B. Guidance Statements and Interpretations
IX. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and
Review), E.O. 13563 (Improving

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Federal Register / Vol. 90, No. 186 / Monday, September 29, 2025 / Rules and Regulations

Regulation and Regulatory Review), and
DOT Regulatory Policies and Procedures
B. E.O. 14192 (Unleashing Prosperity
Through Deregulation)
C. Congressional Review Act
D. Advance Notice of Proposed
Rulemaking
E. Regulatory Flexibility Act (Small
Entities)
F. Assistance for Small Entities
G. Unfunded Mandates Reform Act of 1995
H. Paperwork Reduction Act
I. E.O. 13132 (Federalism)
J. Privacy
K. E.O. 13175 (Indian Tribal Governments)
L. National Environmental Policy Act of
1969

I. Public Participation and Request for
Comments

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A. Submitting Comments
If you submit a comment, please
include the docket number for this IFR
(FMCSA–2025–0622), indicate the
specific section of this document to
which your comment applies, and
provide a reason for each suggestion or
recommendation. You may submit your
comments and material online or by fax,
mail, or hand delivery, but please use
only one of these means. FMCSA
recommends that you include your
name and a mailing address, an email
address, or a phone number in the body
of your document so FMCSA can
contact you if there are questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov/docket/
FMCSA-2025-0622/document, click on
this IFR, click ‘‘Comment,’’ and type
your comment into the text box on the
following screen.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing.
FMCSA will consider all comments
and material received during the
comment period.
Confidential Business Information (CBI)
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments
responsive to the IFR contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to the IFR,
it is important that you clearly designate
the submitted comments as CBI. Please
mark each page of your submission that
constitutes CBI as ‘‘PROPIN’’ to indicate
it contains proprietary information.
FMCSA will treat such marked

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submissions as confidential under the
Freedom of Information Act, and they
will not be placed in the public docket
of the IFR. Submissions containing CBI
should be sent to Brian Dahlin, Chief,
Regulatory Evaluation Division, Office
of Policy, FMCSA, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001 or via email at brian.g.dahlin@
dot.gov. At this time, you need not send
a duplicate hardcopy of your electronic
CBI submissions to FMCSA
headquarters. Any comments FMCSA
receives not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
B. Viewing Comments and Documents
To view any documents mentioned as
being available in the docket, go to
https://www.regulations.gov/docket/
FMCSA-2025-0622/document and
choose the document to review. To view
comments, click this IFR, then click
‘‘Browse Comments.’’ If you do not have
access to the internet, you may view the
docket online by visiting Dockets
Operations on the ground floor of the
DOT West Building, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. To be sure someone is there to
help you, please call (202) 366–9317 or
(202) 366–9826 before visiting Dockets
Operations.
C. Privacy
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its regulatory process.
DOT posts these comments, including
any personal information the
commenter provides, to
www.regulations.gov as described in the
system of records notice DOT/ALL 14
(Federal Docket Management System
(FDMS)), which can be reviewed at
https://www.transportation.gov/
individuals/privacy/privacy-act-systemrecords-notices. The comments are
posted without edits and are searchable
by the name of the submitter.
D. Comments on the Information
Collection
Written comments and
recommendations for the information
collection discussed in this IFR should
be sent within 60 days of publication to
www.reginfo.gov/public/do/PRAMain.
Find this information collection by
clicking the link that reads ‘‘Currently
under Review—Open for Public
Comments’’ or by entering OMB control
number 2126–0087 in the search bar
and clicking on the last entry to reach
the ‘‘comment’’ button.

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II. Executive Summary
This IFR revises the regulations that
allow SDLAs to issue and renew nondomiciled CLPs and CDLs to
individuals domiciled in a foreign
jurisdiction. The changes strengthen the
security of the CDL issuance process
and enhance the safety of CMV
operations by revising to whom an
SDLA may issue a non-domiciled CLP
or CDL, what the requirements are for
issuance, and when a non-domiciled
CLP or CDL must be canceled or
revoked. Non-domiciled CDL holders
have been involved in several recent
fatal crashes. In addition, FMCSA
recently uncovered evidence of
systemic, nationwide regulatory noncompliance by SDLAs in the issuance of
non-domiciled CLPs and CDLs at
SDLAs. This IFR revises the regulations
to restrict issuance of non-domiciled
CLPs and CDLs to individuals
maintaining lawful immigration status
in the United States in certain
employment-based nonimmigrant
categories, to certain individuals
domiciled in a U.S. territory, and to
individuals domiciled in a State that is
prohibited from the issuance of CLPs or
CDLs as a result of the decertification of
the State’s CDL program. The revisions
will help ensure that individuals who
do not have lawful immigration status
in the United States, and those who do
have lawful immigration status but
whose status is not directly connected
to a legitimate, employment-based
reason to hold a CDL, will no longer be
eligible to obtain non-domiciled CLPs or
CDLs.
This rule: (1) limits individuals
eligible for non-domiciled CLPs and
CDLs to those maintaining lawful
immigration status in certain
employment-based nonimmigrant
categories, certain individuals
domiciled in a U.S. territory, and
individuals domiciled in a State that is
prohibited from issuing CLPs or CDLs
because the State’s CDL program is
decertified; (2) requires non-citizen
applicants (except for lawful permanent
residents) to provide an unexpired
foreign passport and an unexpired Form
I–94/I–94A (Arrival/Departure Record)
indicating a specified type of
employment-based nonimmigrant status
at every issuance, transfer, renewal, and
upgrade action defined in the
regulation; (3) requires SDLAs to query
Systematic Alien Verification for
Entitlements (SAVE),1 administered by
U.S. Citizenship and Immigration
Services (USCIS), to confirm the
applicant’s claim to be in lawful
1 Available

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immigration status in a specified
category; (4) requires that SDLAs retain
copies of the application documents for
no less than 2 years; (5) requires the
expiration date for any non-domiciled
CLP or CDL to match the expiration date
of the Form I–94/I–94A or 1 year,
whichever is sooner; (6) requires the
applicant to be present in-person at each
renewal; and (7) requires an SDLA to
downgrade the non-domiciled CLP or
CDL if the State becomes aware that the
holder is no longer eligible to hold a
non-domiciled CLP or CDL.
III. Abbreviations

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APA Administrative Procedure Act
APR Annual Program Review
BLS Bureau of Labor Statistics
CDL Commercial Driver’s License
CDLIS Commercial Driver’s License
Information System
CFR Code of Federal Regulations
CLP Commercial Learner’s Permit
CMV Commercial Motor Vehicle
DACA Deferred Action for Childhood
Arrivals
DOL Department of Labor
DOT Department of Transportation
EAD Employment Authorization Document
E.O. Executive Order
FARS Fatality Analysis Reporting System
FR Federal Register
ICR Information Collection Request
IFR Interim Final Rule
MCMIS Motor Carrier Management
Information System
NAICS North American Industry
Classification System
OES Occupational Employment Statistics
OIG Office of the Inspector General
OIRA Office of Information and Regulatory
Affairs
OMB Office of Management and Budget
RFA Regulatory Flexibility Act
SAS Service Annual Survey
SAVE Systematic Alien Verification for
Entitlements
Secretary The Secretary of Transportation
SDLA State Driver’s Licensing Agency
SSN Social Security Number
U.S.C. United States Code
USCIS U.S. Citizenship and Immigration
Services

IV. Legal Basis
This IFR is 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

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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.
This IFR is also consistent with the
concurrent 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)). This IFR is consistent with
the safe operation of CMVs. In
accordance with 49 U.S.C. 31136(a)(2),
the amendments contained in this rule
will not impose any ‘‘responsibilities
. . . on operators of commercial motor
vehicles [that would] impair their
ability to operate the vehicles safely.’’
This IFR does not 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 this rule 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)).
Pursuant to 49 U.S.C. 31502(b), ‘‘[t]he
Secretary of Transportation may
prescribe requirements for—(1)
qualifications and maximum hours of
service of employees of, and safety of
operation and equipment of, a motor
carrier; and (2) qualifications and
maximum hours of service of employees
of, and standards of equipment of, a
motor private carrier, when needed to
promote safety of operation.’’ This IFR,
which addresses the ability of
individuals who are domiciled in
foreign jurisdictions to operate CMVs in
the United States, is related to the safe
operation of motor carrier equipment
because the CDL program is designed to
ensure that only individuals who have
been determined by relevant State
licensing agencies—in accordance with
Federal standards—to be qualified to
operate large commercial vehicles are
allowed to drive such vehicles on the
Nation’s roadways. Both identity
verification and skills testing are
integral to the determination of a
driver’s qualifications and are
implicated in this rule.

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V. Background
A. Existing Requirements for Issuance of
Non-Domiciled CLPs and CDLs
The implementing regulations relating
to CDL standards and State compliance
with the CDL program are codified
under 49 CFR part 383, Commercial
Driver’s License Standards;
Requirements and Penalties, and 49 CFR
part 384, State Compliance with
Commercial Driver’s License Program.
Under 49 U.S.C. 31311(a)(12)(B)(ii),
States are authorized to issue CDLs to
individuals who are ‘‘not domiciled in
a State that issues [CDLs],’’ but if they
choose to issue non-domiciled CDLs,
they must do so in accordance with
regulations prescribed by FMCSA (49
U.S.C. 31311(a)(12)(B)). The regulations
setting forth the standards States must
apply when issuing non-domiciled CLPs
and CDLs are found at 49 CFR 383.23,
383.71(f), 383.73(f), 384.201, and
384.212(a). To obtain a non-domiciled
CLP or CDL under existing § 383.71(f),
the applicant must be domiciled either
in a foreign jurisdiction (defined in
§ 383.5 to mean ‘‘outside the fifty
United States and the District of
Columbia’’) other than a jurisdiction the
Administrator has determined to have
comparable testing and licensing
standards (i.e., Canada and Mexico, see
§ 383.23, note 1), or in a State that is
prohibited from issuing CLPs and CDLs
in accordance with § 384.405. A person
in these jurisdictions is eligible to apply
for a non-domiciled CLP or CDL from
any State that elects to issue a nondomiciled CLP or CDL and that
complies with the testing and licensing
standards contained in subparts F, G,
and H of part 383.
State procedures for issuing nondomiciled CLPs and CDLs under
§ 383.71(f)(2)(i) must require that an
applicant domiciled in a foreign
jurisdiction show that he or she is
registered by providing an unexpired
employment authorization document
(EAD) issued by USCIS or an unexpired
foreign passport accompanied by an
approved I–94 form documenting the
applicant’s most recent admittance into
the United States.
B. The Need for Secure Identification
The events of September 11, 2001,
highlighted the need for secure
identification, as all but one of the 9/11
hijackers acquired some form of U.S.
identification document. Acquisition of
these forms of identification assisted
them in boarding commercial flights,
renting cars, and other activities. The
report from the 9/11 Commission
recommended that the Federal
government set standards for the

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issuance of sources of identification,
such as driver’s licenses, emphasizing
that fraud in identification documents
goes beyond theft, and that ‘‘[a]t many
entry points to vulnerable facilities,
including gates for boarding aircraft,
sources of identification are the last
opportunity to ensure that people are
who they say they are and to check
whether they are terrorists.’’ 2
In 2006, section 703(a) of the Security
and Accountability for Every Port Act of
2006 3 required FMCSA to issue
regulations implementing the
recommendations in a management
advisory issued by DOT’s Office of the
Inspector General (OIG) concerning
verification of the legal status of
commercial drivers.4 In its advisory to
DOT’s Deputy Secretary, OIG noted
vulnerabilities in the CDL program that
allowed applicants to obtain a CDL
without being legally present in the
United States. OIG also noted that the
requirement in FMCSR at that time to
provide a Social Security number (SSN),
without additional verified
documentation, did not ensure the
applicant’s U.S. citizenship or legal
presence. OIG recommended that all
CDL applicants be required to
demonstrate that they are either a U.S.
citizen, a permanent legal resident, or
otherwise legally present in the United
States. OIG further recommended
having a requirement for verification of
SSNs or for fingerprinting when issuing
a CDL to help prevent fraud in the
program and further enhance security
by verifying applicants’ identification.
On May 9, 2011, FMCSA published a
final rule implementing section 703 and
addressing OIG recommendations.5 The
rulemaking strengthened the legal
presence requirements and increased
2 Thomas H. Kean, Lee H. Hamilton, and the
National Commission on Terrorist Attacks, The 9/
11 Commission report: Final Report of the National
Commission on Terrorist Attacks Upon the United
States (9/11 Report), Washington, DC, U.S.
Government Printing Office, Official Government
Edition, July 22, 2004, p. 390. Available at https://
www.gpo.gov/fdsys/pkg/GPO-911REPORT/contentdetail.html.
3 Public Law 109–347, 120 Stat 1884 at 1944
(2006); See 49 U.S.C. 31100 note.
4 DOT, OIG, Management Advisory to the Deputy
Secretary of Transportation, Need to Establish a
Legal Presence Requirement for Obtaining a
Commercial Driver’s License, June 4, 2004, https://
www.oig.dot.gov/sites/default/files/cc2004054.pdf.
See also DOT, OIG, Improving Testing and
Licensing of Commercial Drivers, Report No. MH–
2002–093, May 8, 2002, https://www.oig.dot.gov/
sites/default/files/mh2002093e.pdf.
5 76 FR 26854 (May 9, 2011). The final rule was
effective July 8, 2011, and States were required to
be in compliance with subpart B of Part 384 by July
8, 2014. On March 25, 2013, in response to various
petitions for reconsideration, FMCSA made minor
clarifications to the final rule and extended the date
for State compliance to July 8, 2015. See 78 FR
17875 (Mar. 25, 2013); 49 CFR 384.301(f).

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the documentation required for CLP and
CDL applicants to demonstrate their
legal presence in the United States. The
final rule revised the CDL regulations to
specify that a State may issue a CLP or
CDL only to an applicant who is a U.S.
citizen or lawful permanent resident of
the United States, and may issue a nondomiciled CLP or CDL to foreign
applicants (other than applicants from
Canada or Mexico) who have temporary
or indefinite legal presence in the
United States.6
C. Annual Program Reviews (APRs) of
SDLAs
Each year, FMCSA conducts Annual
Program Reviews (APRs) of SDLAs in
accordance with 49 U.S.C. 31311 and 49
CFR 384.307 to gauge the States’
compliance with the CDL program. This
year’s APRs (2025 APRs) included a
heightened focus on the issuance of
non-domiciled CDLs, consistent with
Executive Order (E.O.) 14286.7 The 2025
APRs uncovered systemic procedural
and computer programming errors,
significant problems with staff training
and quality assurance, and policies that
lack sufficient management controls in
the issuance of non-domiciled CLPs and
CDLs by multiple SDLAs. As a result,
SDLAs have issued non-domiciled CDLs
to drivers who do not qualify,8 issued
non-domiciled CDLs that extend beyond
a driver’s expiration of lawful presence
known at the time of issuance, issued
non-domiciled CDLs without first
validating the drivers’ eligibility under
§ 383.71(f)(2)(i), and engaged in other
noncompliant practices. For example, as
part of California’s APR, FMCSA
reviewed a sample of records of drivers
issued non-domiciled CDLs and
recently found that approximately one
in four non-domiciled CDLs were not
compliant with requirements in 49 CFR
parts 383 and 384. In that same APR,
FMCSA uncovered instances where the
SDLA issued non-domiciled CDLs with
expiration dates as long as 4 years after
6 See 76 FR 26854, 26858. The final rule changed
the term ‘‘Nonresident’’ to ‘‘Non-domiciled’’ for
both CLPs and CDLs to provide greater consistency
with FMCSA’s authorizing statute (which bases
jurisdictional authority to issue CDLs on domicile,
not residency), to avoid confusion, and to eliminate
any actual or perceived conflicts with DHS
immigration programs. Other than the change to
‘‘Non-domiciled,’’ the rule remained as proposed in
the NPRM. See 73 FR 19282, 19285 (Apr. 9, 2008).
7 Enforcing Commonsense Rules of the Road for
America’s Truck Drivers, 90 FR 18759, May 2, 2025.
See also, https://www.fmcsa.dot.gov/newsroom/
president-trumps-transportation-secretary-sean-pduffy-announces-nationwide-audit-states.
8 For example, FMCSA is aware that numerous
States have issued non-domiciled CDLs to drivers
who are domiciled in Mexico, despite the fact that
Mexican and Canadian drivers are not eligible for
non-domiciled CDLs under 49 CFR 383.71(f).

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the EAD’s expiration date—well beyond
the driver’s authorized employment
period. Even more troubling was that
some of these non-domiciled CDLs
included a passenger and school bus
endorsement. Furthermore, the 2025
APRs have shown at least five other
States including Colorado,
Pennsylvania, South Dakota, Texas, and
Washington that have issued nondomiciled CDLs in violation of the
regulatory requirements. The 2025 APRs
have revealed inconsistencies or failures
that demonstrate acute systemic
problems across the country in the nondomiciled CDL issuance processes.
FMCSA expects the number of States
discovered to have improperly issued
non-domiciled CDLs to grow as
FMCSA’s APRs continue.
D. Recent, Fatal Crashes Involving
Drivers With Non-Domiciled CDLs
Since the beginning of the 2025
calendar year, FMCSA has identified at
least five fatal crashes involving nondomiciled CDL holders. At least two of
these drivers were improperly issued a
CDL, while others held CDLs that
complied with the regulations in place
at the time of issuance but would not be
eligible for a non-domiciled CDL under
the revised regulations. These crashes
show the tangible impact of States
failing to follow the proper procedures
when issuing non-domiciled CDLs, as
well as the need for stronger regulations
to ensure that non-domiciled drivers
present in the United States without
lawful immigration status are not able to
obtain CLPs and CDLs.
Most recently, on August 12, 2025,
the driver of a tractor-trailer, who did
not have lawful immigration status 9 and
held a non-domiciled CDL based on a
valid USCIS-issued EAD, caused a crash
in Florida that killed three people. The
Florida Department of Highway Safety
and Motor Vehicles stated that its
initial, but ongoing, investigation
showed that the driver attempted to
execute a U-turn in an unauthorized
area on the Florida Turnpike in St.
Lucie County.10 A dashcam video
widely broadcast across various forms of
media shows the CMV crossing in front
of a minivan, which crashed into the
truck and became lodged under its
trailer.11 The driver was later arrested in
California on three counts of vehicular
9 The driver was present in the United States
without being inspected and admitted or paroled
and was in removal proceedings before the
Executive Office for Immigration Review.
10 https://www.flhsmv.gov/2025/08/16/illegal-uturn-truck-driver-arrested-for-vehicular-homicide/
(accessed Sep. 19, 2025).
11 https://www.youtube.com/
watch?v=HDgHr8KHOzw (accessed Sep. 19, 2025).

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homicide and three counts of
manslaughter and returned to Florida
for prosecution. The Department of
Homeland Security announced that a
U.S. Immigration and Customs
Enforcement investigation revealed that
the driver had been living in the U.S.
without lawful immigration status since
2018 after unlawfully crossing the
border from Mexico.12 Preliminary
findings from FMCSA’s post-crash
investigation showed that the driver was
not proficient in the English language
and also revealed that he had previously
been cited for speeding in New Mexico.
This driver had an unexpired EAD
and was therefore eligible for a nondomiciled CDL under the existing
regulations but was improperly issued a
standard (full-term) CDL in Washington
in 2023. He was subsequently issued a
proper non-domiciled CDL in
California, but would not have been
eligible for a non-domiciled CDL under
the revised regulations requiring a
driver to provide an I–94 or I–94A
indicating a specified employmentbased nonimmigrant status.
In another crash, which occurred on
July 11, 2025, a truck tractor traveling
on the Delaware Memorial Bridge from
New Jersey into Delaware crossed three
lanes of traffic and crashed into a
concrete wall. The Delaware River and
Bay Authority stated that the impact
collapsed the concrete wall, and the
truck tractor careened into the Delaware
River.13 The driver of the vehicle, who
was killed in the crash, held a nondomiciled CDL. The emergency
response for this incident involved
significant recovery resources and
personnel including a crane and barge
repositioned from the active
construction site of the Bridge Ship
Collision Protection project, the
Delaware State Police Marine dive unit,
and a fire company. This driver
similarly had entered the United States
unlawfully, was in removal
proceedings, and had a valid USCISissued EAD. Because a standalone EAD
will no longer suffice as proof of
employment eligibility for issuance of
non-domiciled CDLs and this driver did
not provide an I–94 or I–94A indicating
a specified employment-based
nonimmigrant status, he would not have
been able to obtain his CDL under the
revised regulations.
Another crash took place on May 6,
2025, in Thomasville, AL, in which a
tractor-trailer hit four vehicles from
12 https://www.dhs.gov/news/2025/08/18/
criminal-illegal-alien-recklessly-driving-18-wheelerkills-three-florida (accessed Sep. 19, 2025).
13 https://www.drba.net/drba-police-investigatingbobtail-tractor-accident (accessed Sep. 19, 2025).

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behind as they were stopped at a red
light.14 Two people were killed and four
people were injured. The driver of the
CMV held a valid USCIS-issued EAD,
which allowed him to obtain a nondomiciled CDL, but did not provide an
I–94 or I–94A indicating a specified
employment-based nonimmigrant
status. FMCSA’s ongoing post-crash
investigation has revealed that the
driver held the CDL for less than six
weeks and initially failed his CDL skills
test for speeding and failing to obey a
traffic control device before passing the
test a few days later. The crash occurred
on the driver’s third day of employment
with the carrier. Because a standalone
EAD will no longer suffice as proof of
employment eligibility for issuance of
non-domiciled CDLs, this driver would
not have been able to obtain his CDL
under the revised regulations.
On March 14, 2025, a CMV driver
caused a multi-vehicle collision in
Austin, TX. Witnesses stated that the
driver of the 18-wheeler failed to brake
and crashed into a long line of stopped
and slow-moving traffic ahead of him.15
The incident involved 17 vehicles,
killed five people including two
children, and caused 11 more people to
be hospitalized. The post-crash scene
extended for approximately one-tenth of
a mile.16 The driver was improperly
issued a standard (full-term) CDL in
Texas despite being eligible for only a
non-domiciled CDL, a fact that
demonstrates the difficulty SDLAs are
currently having in correctly applying
the existing regulations. Moreover, since
this driver did not provide an I–94 or I–
94A indicating a specified employmentbased nonimmigrant status, he would
not be eligible for a CDL under the
revised regulations. A post-crash
investigation revealed that this driver’s
driving record showed two prior
citations, for failure to obey a sign/
traffic control device and erratic
(unsafe) lane changes. The investigation
also found that the driver was not in
possession of a current medical
certificate and had violated the hours of
service rules multiple times in the 11
days preceding the crash.
A crash in West Virginia on January
19, 2025, involved a driver of a tractor14 https://www.waka.com/2025/05/07/2-dead-4injured-in-thomasville-multi-wreck-crash-suspectin-custody/; https://www.southalabamian.com/
articles/tuesday-wreck-claims-two/ (accessed Sep.
19, 2025).
15 https://apnews.com/article/austin-texas-crashpileup-five-killed509a46da52ec4552158d5b1d33f645af; https://
www.fox7austin.com/news/austin-i-35-crashlawsuit (accessed Sep. 19, 2025).
16 https://abcnews.go.com/US/5-people-deadmassive-car-crash-involving-17/story?id=119786467
(accessed Sep. 19, 2025).

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trailer who held a non-domiciled CDL
and had two prior citations for
speeding. The driver entered the United
States unlawfully, is in removal
proceedings, and had a valid USCISissued EAD. According to news reports,
the driver caused a collision on a bridge
over Cheat Lake on Interstate 68
resulting in a vehicle falling from the
bridge into the lake, killing the person
inside.17 Those reports also state that
investigators determined that the driver,
who had also struck another vehicle
prior to the crash on the bridge, was
traveling at an unsafe speed.18 After
being arrested in California and
extradited to West Virginia, he was
charged with negligent homicide.19 As
with other crashes described above, the
driver’s lack of an I–94 or I–94A
indicating a specified employmentbased nonimmigrant status and
specifically allowing him to work as a
truck driver would have prevented him
from receiving a CDL under the revised
regulations.
VI. Discussion of the Interim Final Rule
A. Justification for the IFR
Under the Administrative Procedure
Act (APA), 5 U.S.C. 551 et seq., an
agency must typically provide prior
notice and an opportunity for public
comment before a rule becomes
effective. However, the APA provides an
exception ‘‘when the agency for good
cause finds (and incorporates the
finding and a brief statement of reasons
therefor in the rules issued) that notice
and public procedure thereon are
impracticable, unnecessary, or contrary
to the public interest’’ (5 U.S.C.
553(b)(B)). With good cause, an agency
may also make a rule effective
immediately upon publication (5 U.S.C.
553(d)(3)).
FMCSA finds good cause to issue this
IFR without prior notice and comment
and to make it effective immediately.
This finding is based on the
determination that notice and public
procedure are both contrary to the
public interest and impracticable
because it would delay the adoption and
immediate implementation of strict
standards concerning the issuance and
renewal of non-domiciled CLPs and
CDLs necessary to address a recently
17 https://www.wvnews.com/news/wvnews/tragicfatal-accident-on-cheat-lake-bridge-leads-topending-criminal-charges/article_fed01d9c-f84611ef-9e84-5bcd6ca70bef.html (accessed Sep. 19,
2025).
18 https://www.wtae.com/article/fayette-countycheat-lake-missing-man-charges/64017724
(accessed Sep. 19, 2025).
19 https://www.wdtv.com/2025/05/24/sukhjindersingh-booked-north-central-regional-jail/ (accessed
Sep. 19, 2025).

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discovered, two-front crisis that
constitutes an imminent hazard to
public safety and a direct threat to
national security.
FMCSA has recently become aware of
a critical safety failure that is occurring
in two distinct and dangerous ways: the
eligibility requirements for obtaining a
non-domiciled CLP and CDL are not
narrowly tailored to provide a sufficient
margin of safety to protect the traveling
public, and the existing regulatory
framework is unworkable in practice
due to systemic deficiencies in State
implementation. FMCSA cannot, in
good faith, permit a demonstrably failed
non-domiciled credential issuance
regulatory framework and
implementation to continue while
conducting a notice and comment
rulemaking process.
The first front of this crisis—the
overly broad eligibility requirements of
the current regulations—has been
tragically demonstrated by multiple
fatal crashes in 2025 involving drivers
who held non-domiciled CDLs (or who
were mistakenly issued a standard CDL
instead of a non-domiciled CDL), most
of which were properly issued in
accordance with existing regulations. As
discussed in Section V.D. of this
preamble, non-domiciled CDL holders
have been involved in several recent,
fatal crashes that claimed the lives of 12
people (including two children) and
caused injuries to 15 people (at least 11
of which were hospitalized). One driver
had been in the U.S. illegally since 2018
and would not have been eligible for a
non-domiciled CDL under the revised
regulation. Two of the drivers had prior
citations on their driving records, with
one of those drivers also having
inconsistencies in his hours-of-service
record leading up to the day of the
crash. These crashes demonstrate that
the existing non-domiciliary
credentialing framework is dangerously
permissive, creating an untenable risk to
the public even when the CDLs were
properly issued under the existing
standards.
The second front of the crisis is a
systemic breakdown in State
implementation of the rule, which can
have disastrous consequences, as
evidenced by the March 14, 2025, fatal
crash in Texas caused by a driver with
a license improperly issued by Texas
and another crash in Florida on August
12, 2025, where the driver had
previously been issued an improper
license by Washington. As discussed in
Section V.C. of this preamble, the scale
of this implementation failure was
recently uncovered by FMCSA’s 2025
APRs, which revealed that States are
fundamentally failing to administer the

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issuance of non-domiciled credentials to
foreign-domiciled applicants properly.
FMCSA’s APR has demonstrated that
approximately one in four nondomiciled CDLs California issued were
not compliant with the requirements in
49 CFR parts 383 and 384. Moreover,
FMCSA has already confirmed
improperly issued non-domiciled CDLs
across six States, including California,
Colorado, Washington, Texas,
Pennsylvania, and South Dakota.
FMCSA expects the number of States
discovered to have improperly issued
non-domiciled CDLs to grow as
FMCSA’s APRs continue.
When the integrity of the nondomiciled CDL process is in question,
the credential itself is compromised and
can no longer be trusted to verify an
individual’s eligibility and
qualifications. Although FMCSA’s
primary focus in this rulemaking is on
highway safety, the Agency notes that
issuance of CLPs and CDLs to foreign
individuals does have national security
implications that should not be
overlooked. Failure to properly vet such
individuals raises the risk that
individuals with malicious intent could
gain authorized control of CMVs, which
can be used to transport hazardous
materials and target critical
infrastructure or to otherwise carry out
a terrorist attack.20 Therefore the nondomiciled CLP and CDL issuance
process must be protected to prevent
exploitation by bad actors.
In addition, the current regulations for
issuing non-domiciled CLPs and CDLs
require States to obtain an applicant’s
complete 10-year driving history from
all States where the individual was
previously licensed. See
§ 383.73(b)(3)(iv). However, States are
unable to carry out this requirement for
individuals whose driving history exists
predominantly or solely within a foreign
jurisdiction. Without a verified driving
record, there is a serious risk that unsafe
or high-risk drivers—who may have
prior violations, suspensions, or a
history of crashes in foreign
jurisdictions—could be granted nondomiciled CLPs and CDLs and operate
large trucks and buses on U.S.
20 On October 31, 2017, Sayfullo Saipov, who
possessed a CDL, carried out a terrorist attack when
he used a 6,000-lb. truck to murder eight victims
and injure many more, including a 14-year old
child, on the Hudson River Bike Path in lower
Manhattan. See https://www.justice.gov/usao-sdny/
pr/sayfullo-saipov-be-sentenced-life-prison-2017truck-attack-isis. Though the truck used in this
attack did not qualify as a commercial motor
vehicle under the definition in 49 U.S.C. 31132
(because it did not have a gross vehicle weight
rating or gross vehicle weight of at least 10,0001
pounds), it shows the lethal damage that can be
inflicted by a single vehicle in the wrong hands.

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roadways. This undermines the integrity
and safety of the CLP and CDL issuance
process. Though there is a need to
handle the issuance processes
differently (due to the lack of authority
to compel foreign jurisdictions to
provide driving records), FMCSA
believes that limiting eligibility for nondomiciled CLPs and CDLs (particularly
when limited to employees holding an
I–94 or I–94A indicating a specified
employment-based nonimmigrant status
that ensure additional screening of
drivers) will increase safety by
appreciably reducing the number of
non-domiciled CLP and CDL drivers
with unknown driver safety records on
the Nation’s roadways.
The confluence of these recent events
and recently uncovered factors creates
an imminent concern that the current
regulatory framework does not provide
a sufficient margin of safety to protect
the traveling public. The recent fatal
crashes demonstrate that the current
regulations related to non-domiciled
credentials fail even when properly
followed, while the systemic issuance
errors and fatal crashes caused by
drivers who were improperly issued a
license confirm the current regulatory
framework has allowed for frequent
points of failure—allowing ineligible
persons to obtain non-domiciled CLPs
and CDLs. This combination constitutes
an imminent hazard that warrants
immediate action to protect the
traveling public.
Furthermore, providing advance
notice through a proposed rule is
impracticable and contrary to the public
interest because it would actively
subvert the rule’s purpose by creating a
foreseeable and concentrated surge in
applications that would exacerbate the
current safety crisis. A non-domiciled
CDL is a high-value economic
credential, and historical precedent
shows that announcing a closing
window for such an opportunity
invariably triggers a rush of applicants.
For example, when the compliance date
for FMCSA’s entry-level driver training
requirements was approaching, SDLAs
saw a large spike in CLP and CDL
issuances immediately before applicants
would have been subject to the new
training requirements. The compliance
date for the requirements was February
7, 2022. Data from the Commercial
Driver’s License Information System
(CDLIS) 21 shows that CLP and CDL
issuances steadily increased during
2021 culminating in numbers for
December 2021 through February 2022
21 See https://www.aamva.org/technology/
systems/driver-licensing-systems/cdlis.

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that were around twice as high as the
same time period in the previous year.22
The incentive and willingness to seek
a CDL during a pendency period
between a proposed rule and its
potential finalization is amplified by the
unique nature of the non-domiciled
foreign applicant pool. Unlike U.S.
citizens, non-citizen nationals residing
in a U.S. territory, or lawful permanent
residents who must apply for a CDL or
CLP in their State of domicile, nondomiciled CDL or CLP applicants are
not bound by such requirements. They
are uniquely mobile and can
strategically apply in any State that
issues non-domiciled CDLs or CLPs.
The public notice itself would
effectively serve as a guide for this
forum shopping. The justification for
the rulemaking would identify States
with systemic weaknesses and high
error rates, inadvertently advertising the
path of least resistance. This is likely to
funnel a national, and even
international, pool of applicants toward
the very State agencies least equipped to
handle them, overwhelming their
capacity for due diligence. Knowing that
their window of opportunity was
closing, those seeking to obtain a CDL
improperly would rush to secure a
license before the final rule takes effect.
This would dramatically exacerbate the
very danger the rulemaking is designed
to eliminate, flooding the Nation’s
roadways with a new cohort of
ineligible drivers.
The harm from such a concentrated
surge is not speculative—it is
foreseeable. Based on FMCSA’s own
2025 APRs, California was found to
have an error rate in excess of 25
percent and issued approximately 3,820
non-domiciled CDLs and CLPs in June
2025 alone. FMCSA expects a noticeand-comment period would result in
this State being inundated with
applicants, and extrapolating from the
2025 APR finding in June, could lead to
the issuance of potentially over 1,000
improperly issued credentials every
month. Even if fewer drivers than
expected seek to secure licenses before
the regulatory changes take effect, the
current processes in noncompliant
States indicate that as many as one in
four drivers who would normally apply
during that timeframe could be issued
non-domiciled CLPs and CDLs
improperly. Dangerous drivers who
would be eligible to obtain a nondomiciled CLP or CDL under the current
framework but are at risk of causing
22 According to CDLIS CLPs and CDLs issued by
month and year: 32,970 in December 2020; 37,571
in January 2021; 43,366 in February 2021; 63,462
in December 2021; 84,291 in January 2022; and
87,672 in February 2022.

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fatal crashes such as those involved in
the fatal crashes cited above in West
Virginia, Alabama, Delaware, and
Florida would equally be incentivized
to obtain a non-domiciled CLP or CDL
before the enhanced standards became
effective, resulting in a higher number
of dangerous drivers on America’s
roadways and threatening public safety.
Therefore, advance notice would
create a perverse incentive, turning the
period between the publication of the
notice and the publication of the final
rule into a window of heightened
danger and making the standard
rulemaking process unworkable and
self-defeating. For the same reasons
described above, FMCSA finds good
cause to make the rule effective on
publication, rather than making it
effective at least 30 days after
publication. States that choose to issue
non-domiciled CDLs and CLPs will be
required to pause issuance of those
CDLs and CLPs until they can ensure
compliance with the updated
regulations.
Though this IFR is effective
immediately, FMCSA invites comments
from interested members of the public.
These comments must be submitted on
or before November 28, 2025. FMCSA
will consider these comments and
determine whether to make any
revisions to the rule as a result of these
comments.
B. Overview of the IFR
The current regulations focus on an
individual’s possession of a valid
USCIS-issued EAD or an unexpired
foreign passport accompanied by
evidence that the individual was
inspected and admitted or paroled into
the United States. As some of the recent
incidents highlighted in Section V
demonstrate, this allows individuals
without lawful immigration status,
including those who entered the United
States illegally, to receive nondomiciled CLPs or CDLs as long as they
obtain an EAD. This IFR revises the
regulations to focus on lawful
immigration status in the United States
in certain employment-based
nonimmigrant categories. An EAD will
no longer be sufficient to obtain a nondomiciled CLP or CDL. An EAD only
serves as proof that an individual is
authorized to work in the United States
for a specific time period, not that the
individual entered the United States
legally by presenting themselves at a
port of entry.23 This standard of
23 An EAD may be issued to certain groups of
individuals who may not have presented
themselves at a valid port of entry to be screened.
See 8 CFR 274a.12.

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documentation is no longer sufficient to
ensure that the non-domiciled CLP and
CDL issuance process is narrowly
tailored to those individuals who have
lawfully entered the United States and
should be allowed to drive a CMV.
Individuals who do not possess
evidence of lawful immigration status as
defined in this IFR in certain
employment-based nonimmigrant
categories, will no longer be eligible to
receive non-domiciled CLPs or CDLs.
These individuals excluded from
eligibility for a non-domiciled CLP or
CDL would include asylum seekers,
asylees, refugees, and Deferred Action
for Childhood Arrivals (DACA)
recipients. Although these individuals
may be eligible for employment in the
United States, they would not be
eligible to apply for a non-domiciled
CLP or CDL. The rule will continue to
allow U.S. citizens and lawful
permanent residents, and non-citizen
nationals domiciled in a U.S. territory
(other than the 50 States and the District
of Columbia) to obtain a non-domiciled
CLP or CDL in a U.S. State. This rule
also does not impact the ability of an
individual domiciled in a State that is
prohibited from issuing CDLs to obtain
a non-domiciled CLP or CDL in another
State.
Only those in lawful status in the
United States in one of the following
employment-based nonimmigrant
categories will be permitted to obtain a
non-domiciled CLP or CDL: H–2A
(Temporary Agricultural Workers), H–
2B (Temporary Non-Agricultural
Workers), or E–2 (Treaty Investors). No
other immigration categories will be
eligible for a non-domiciled CLP or CDL
under the IFR. These nonimmigrant
categories require either a labor
certification through the Department of
Labor (DOL), current employment, or
other specified proof of work
established through the Federal visa
process.24 These requirements ensure
that individuals in the United States
under these nonimmigrant categories
are already approved to work specific
jobs that may require acquisition of a
non-domiciled CDL. In addition, being
issued the visa by the Department of
State, presenting themselves at a valid
port of entry to be screened by U.S.
Customs and Border Protection, and
being issued a Form I–94/94A ensures
that these visa holders have entered the
United States lawfully and have lawful
immigration status. This list of specified
nonimmigrant categories does not
include every employment-based
24 For more information on the requirements and
processes required for the listed visas see https://
www.uscis.gov/working-in-the-united-states.

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nonimmigrant category, but
encompasses the vast majority of
individuals working in such categories
that cover jobs that would require the
acquisition of a non-domiciled CDL.
Keeping the list targeted to CDL-specific
employment-based nonimmigrant
categories will eliminate confusion
regarding who may be eligible for a nondomiciled CLP or CDL and ensure that
those credentials are being issued only
to those who need them for specific
employment purposes. In addition, as
discussed in Section VI.A of this
preamble, limiting eligibility for nondomiciled CLPs and CDLs (particularly
when limited to employees working
under one of the specified employmentbased nonimmigrant categories that
ensure additional screening of drivers)
will also increase safety by appreciably
reducing the number of non-domiciled
CLP and CDL drivers with unknown
driver safety records on the Nation’s
roadways. In consulting with DOL’s
Office of Foreign Labor Certification,
FMCSA understands that employer
applications related to commercial
trucking typically include some
combination of the following job
requirements: possess U.S. CDL or
foreign CDL equivalent, related work
experience (12 months to 2 years), clean
driving record, pass drug or medical
testing, and knowledge or proficiency in
English. This employer screening, in
addition to the incentive to avoid
unnecessarily repeating the lengthy job
order process,25 helps ensure that the
population of drivers being hired under
one of the specified employment-based
nonimmigrant categories are more likely
to be drivers with safe driving records.
Individuals in approved employmentbased nonimmigrant categories will be
required to provide an unexpired Form
I–94/94A and unexpired foreign
passport at every issuance, transfer,
renewal, and upgrade action defined in
the regulation. Applicants who are U.S.
citizens, lawful permanent residents, or
non-citizen nationals domiciled in a
U.S. territory will be required to provide
any of the documents specified in Table
25 For example, employers that would like to hire
H–2B workers are required by DOL to submit a job
order (‘‘Application for Temporary Employment
Certification’’) no more than 90 days and no less
than 75 days before the work start date. See 20 CFR
655.15(b). Each job qualification and requirement
must be listed in the job order and must be bona
fide and consistent with the normal and accepted
qualifications and requirements imposed by non-H–
2B employers in the same occupation and area of
intended employment. 20 CFR 655.18(a)(2). An
employer therefore has an incentive to thoroughly
screen a prospective employee’s driver safety record
and apply similar qualifications and requirements
to avoid having to go through the application
process again, as this would delay the hiring of
another driver for more than 75 days.

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1 of § 383.71 as proof that they are
eligible to receive a non-domiciled CLP
or CDL. The expiration date for any nondomiciled CLP or CDL will be the
expiration of the alien’s period of
admission documented on the Form I–
94/94A or 1 year, whichever is sooner.
This ensures that the SDLA will verify
U.S. citizens and non-citizen nationals
domiciled in a U.S. territory will be
issued a non-domiciled CLP or CDL
with an expiration date one year from
the date of issuance to ensure
consistency in the licensing process,
which will reduce confusion for SDLAs
issuing these non-domiciled credentials.
Once an applicant has presented the
proper documentation, SDLAs will be
required to utilize SAVE,26
administered by USCIS, to verify the
immigration status and employmentbased nonimmigrant category
information provided by the applicant.
If the information received from SAVE
does not confirm the applicant’s claim
to be in lawful immigration status (i.e.,
if the applicant’s Form I–94/94A ‘‘admit
until date’’ has expired) or the
applicant’s nonimmigrant category as
reflected by SAVE is no longer one of
those specified in this rule (i.e., no
longer denotes H–2A (Temporary
Agricultural Workers), H–2B
(Temporary Non-Agricultural Workers),
or E–2 (Treaty Investors), the SDLA
would be prohibited from issuing the
non-domiciled CLP or CDL. However,
the SDLA may not rely solely on the
SAVE response; it must confirm the
applicant’s claim to be in lawful
immigration status in a specified
category, it must retain copies of the
required documents in its records, and
it must provide copies of these
documents and proof of SAVE
verification to FMCSA upon request.
The SDLA will also be required to retain
these documents for no less than 2
years. The new requirements for
verification through SAVE and records
retention ensures that FMCSA has
access to relevant information during
APRs moving forward to verify the
integrity of a State’s non-domiciled CLP
and CDL issuance process. This will
address many of the challenges the
Agency encountered in assessing a
State’s compliance during the current
round of APRs caused by the lack of
documentation showing the number of
non-domiciled CLPs and CDLs issued or
that such CLPs and CDLs were properly
issued.
SDLAs will be prohibited from
renewing non-domiciled CLPs or CDLs
by mail and must require the applicant
to be present in-person at each renewal.
26 Available

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at https://www.uscis.gov/save.

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The rule also contains a mandatory
downgrade provision. If a State receives
notification from FMCSA, the
Department of Homeland Security, the
Department of State, or other Federal
agency with jurisdiction that a nondomiciled CLP or CDL holder licensed
in that State no longer holds lawful
nonimmigrant status in a category
established in this rule, or if the nondomiciled CLP or CDL holder violates
any terms of their immigration status,
the SDLA will be required to initiate a
process to remove the commercial
privilege from the license within 30
days. Each time an SDLA renews,
transfers upgrades, amends, corrects,
reprints, or otherwise duplicates a
previously issued CLP or CDL, the
SDLA (in addition to confirming that
the applicant’s foreign passport is
unexpired) must verify through SAVE
that the applicant’s I–94/94A ‘‘admit
until date’’ has not expired and that the
applicant’s immigration category as
noted on the I–94/94A or as confirmed
by SAVE, remains listed as H–2A
(Temporary Agricultural Workers), H–
2B (Temporary Non-Agricultural
Workers), or E–2 (Treaty Investors).
VII. International Impacts
Motor carriers and drivers are subject
to the laws and regulations of the
countries where they operate, unless an
international agreement states
otherwise. Drivers and carriers should
be aware of the regulatory differences
between nations in which they operate.
This rule will not impact drivers
domiciled in Canada or Mexico. FMCSA
has previously determined that CDLs
issued by Canadian Provinces and
Territories in conformity with the
Canadian National Safety Code and
‘‘Licencias Federales de Conductor’’
issued by the United Mexican States are
in accordance with the standards of part
383. Under these reciprocity
determinations, drivers that live in
Canada and Mexico would operate in
the United States with the license
issued by their country of domicile.
Therefore, under the single license
provision of § 383.21, a driver holding a
CDL issued under the Canadian
National Safety Code or a ‘‘Licencia
Federal de Conductor’’ issued by
Mexico is prohibited from obtaining a
non-domiciled CDL, or any other type of
driver’s license, from a State or other
jurisdiction in the United States.
VIII. Section-By-Section Analysis
This section-by-section analysis
describes the changes to the regulatory
text in numerical order.

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A. Regulatory Provisions
Section 383.5 Definitions
FMCSA adds a definition of evidence
of lawful immigration status to § 383.5.
Section 383.71 Driver Application and
Certification Procedures
FMCSA revises paragraph (f) of
§ 383.71.
Section 383.73 State Procedures
FMCSA amends § 383.73 by revising
paragraphs (a)(6), (b)(6), (c)(7), (d)(7),
and (e)(5); revising the introductory text
of paragraph (f)(2); adding a new
paragraph (f)(2)(iv), revising paragraph
(f)(3), adding new paragraphs (f)(5) and
(6), and revising paragraph (m).
Section 384.212 Domicile Requirement
FMCSA adds new paragraphs (a)(1)
and (2) to § 384.212.
Section 384.301 Substantial
Compliance—General Requirements
FMCSA adds new paragraphs (q) to
§ 384.301.
B. Guidance Statements and
Interpretations
This IFR amends a regulation that has
associated guidance statements. Such
guidance statements do not have the
force and effect of law, are strictly
advisory, and are not meant to bind the
public in any way. Conformity with
guidance statements is voluntary.
Guidance is intended only to provide
information to the public regarding
existing requirements under the law or
FMCSA policies. A guidance statement
does not alter the substance of a
regulation.
FMCSA rescinds the following
guidance:

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1. FMCSA–CDL–383.23–FAQ001(2023–
05–08): 27
This guidance document, which refers
to individuals present under the DACA
immigration policy as a citizen of
Mexico, is rescinded. It is no longer
applicable under the new requirements
to provide evidence of legal status.
2. FMCSA–CDL–383.23–Q1 28
This guidance document, which refers
to foreign drivers with employment
authorization documents, is rescinded.
Foreign drivers must meet the new
requirements in this rule to obtain nondomiciled CLPs and CDLs and the rest
27 Available at https://www.fmcsa.dot.gov/
registration/commercial-drivers-license/may-statedrivers-licensing-agency-sdla-issue-non-domiciled.
28 Available at https://www.fmcsa.dot.gov//
registration/commercial-drivers-license/mayforeign-driver-employment-authorizationdocument-obtain.

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of the guidance is unnecessary as it is
simply a restatement of what is already
explained in footnote 1 to § 383.23.
Nomenclature for Non-Domiciled CLPs
and CDLs
In addition, some SDLAs were
operating under informal guidance
previously issued by FMCSA that
permitted States to refer to their nondomiciled credentials under different
nomenclature. FMCSA notes that during
the 2025 APRs, SDLA use of these
disparate terms generated confusion for
some SDLAs because it made it difficult
to determine whether the State did in
fact issue non-domiciled credentials in
the first place. This IFR supersedes any
past guidance on this issue and clarifies
that §§ 383.73(f)(2)(ii) and 383.153(c)
require that the word ‘‘non-domiciled’’
appear across a CLP or CDL and must
‘‘be conspicuously and unmistakably
displayed’’ on the face of the CLP or
CDL when a State issues a nondomiciled CLP or CDL. States may not
use other nomenclature (such as
‘‘limited term’’ or ‘‘temporary’’) as a
substitute for ‘‘non-domiciled,’’ use
restriction codes that require the
examination of fine print on the back of
the license as a substitute for ‘‘nondomiciled’’ on the face of the credential,
or use any other alternatives to
conspicuously and unmistakably
displaying ‘‘non-domiciled’’ on the face
of the CDL or CLP.
IX. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and
Review), E.O. 13563 (Improving
Regulation and Regulatory Review), and
DOT Regulatory Policies and Procedures
OMB has determined that this
rulemaking is a significant regulatory
action under E.O. 12866 (58 FR 51735,
Oct. 4, 1993), Regulatory Planning and
Review, as supplemented by E.O. 13563
(76 FR 3821, Jan. 21, 2011), Improving
Regulation and Regulatory Review,
because of the substantial Congressional
and public interest concerning issuance
of non-domiciled CLPs and CDLs. The
rulemaking is also significant under
DOT Regulatory Policies and
Procedures.
This IFR amends the Federal
regulations for SDLAs issuing
commercial driving credentials to
foreign-domiciled individuals. Through
this rulemaking, FMCSA restores the
integrity of the CDL issuance processes
by significantly limiting the authority
for SDLAs to issue and renew nondomiciled CLPs and CDLs to
individuals domiciled in a foreign
jurisdiction.

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46517

The analysis below discusses the
affected entities, the need for the
regulation, and the costs, benefits, and
transfers that may result from this IFR.
Analysis Inputs
Wage Rates
FMCSA computes its estimates of
labor costs using data gathered from
several sources. Labor costs are
comprised of wages, fringe benefits, and
overhead. Fringe benefits include paid
leave, bonuses and overtime pay, health
and other types of insurance, retirement
plans, and legally required benefits
(Social Security, Medicare,
unemployment insurance, and workers
compensation insurance). Overhead
includes any expenses to a firm
associated with labor that are not part of
employees’ compensation; this typically
includes many types of fixed costs of
managing a body of employees, such as
management and human resource staff
salaries or payroll services. The
economic costs of labor to a firm should
include the costs of all forms of
compensation and labor related
expenses.
FMCSA used the driver wage rate to
represent the value of the drivers’ time
that, in the absence of the rule, would
have been spent being gainfully
employed and performing duties as a
CMV driver. The source for driver wages
is the median hourly wage data (May
2024) from DOL, Bureau of Labor
Statistics (BLS), Occupational
Employment Statistics (OES).29 The
CMV driver wage is a weighted average
of three occupational codes that require
a CDL: 53–3032 Heavy and TractorTrailer Truck Drivers, 53–3051 Bus
Drivers, School, and 53–3052, Bus
Drivers, Transit and Intercity. BLS does
not publish data on fringe benefits for
specific occupations, but it does for the
broad industry groups in its Employer
Costs for Employee Compensation
release. To calculate the fringe benefits
rate, this analysis uses an average
hourly wage of $32.71 and average
hourly benefits of $14.99 for private
industry workers in ‘‘transportation and
warehousing’’ 30 to estimate that fringe
benefits are equal to 45.83 percent
($14.99 ÷ $32.71) of wages.31
29 DOL, BLS. Occupational Employment Statistics
(OES). National. May 2024. Available at: https://
www.bls.gov/oes/tables.htm (accessed Aug. 27,
2025).
30 DOL, BLS. Table 4: Employer Costs for
Employee Compensation for private industry
workers by occupational and industry group,
December 2024. Available at: https://www.bls.gov/
news.release/archives/ecec_03142025.htm
(accessed Sept. 9, 2025).
31 FMCSA’s standard approach to accounting for
the opportunity cost of drivers’ time considers

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FMCSA used the wage rate for
employees in office and administrative
support to represent the value of the
SDLA employees’ time that, in the
absence of the rule, would have been
spent performing other duties and
responsibilities. The source for SDLA
employees’ wages is the median hourly
wage data (May 2024) from the BLS’
OES. To calculate the fringe benefits
rate, this analysis uses an average
hourly wage of $25.56 and average
hourly benefits of $18.95 for State and
local government workers in ‘‘office and
administrative support’’ to estimate that
fringe benefits are equal to 74.14 percent
($18.95 ÷ $25.56) of wages. FMCSA uses
the Census Bureau’s Service Annual
Survey (SAS) Table 5 data to calculate
overhead expenses and their ratio to
gross annual payroll expenses for the
North American Industry Classification
System (NAICS) 484 (Truck
Transportation) and NAICS 485 (Transit
and Ground Passenger) industries.32

FMCSA reviewed SAS data from 2013
through 2021, finding 2015 to be the
most appropriate baseline from which to
estimate industry overhead rates. While
it is typically preferrable to use the most
recent information, data from 2020 was
an anomalous year with especially high
overhead rates, likely due to the
coronavirus disease 2019 pandemic and
subsequent business disruptions. For
the 2018 and 2019 SAS tables, Census
greatly reduced the number of expenses
published in Table 5. Based on the
assigned expense categories as
overhead, FMCSA followed two steps to
calculate the overhead rate. First,
FMCSA added together the seven
overhead expense categories (expensed
purchases of software; data processing
and other purchased computer services;
purchased repairs and maintenance to
buildings, structures, and offices; lease
and rental payments for land, buildings,
structures, store spaces, and offices;
purchased advertising and promotional

services; purchased professional and
technical services; and cost of
insurance). FMCSA then divided the
sum of the overhead expense categories
by gross annual payroll. Following this
approach including only the seven
expense categories most focused on firm
fixed expenses, the 2015 overhead
expenses in truck transportation would
be $13.0 billion.33 Dividing the $13.0
billion overhead by $62 billion gross
annual payroll gives a 21 percent
overhead rate for NAICS 484. The 2015
overhead expenses in passenger and
ground transportation would be $3.1
billion. Dividing the $3.1 billion
overhead by the $13 million gross
annual payroll gives a 23 percent
overhead rate for NAICS 485. FMCSA
then combined the expense and payroll
categories for both industries to
calculate an average transportation
industry overhead rate of 21 percent for
use in this analysis.

TABLE 1—HOURLY MEDIAN WAGE RATE, FRINGE BENEFITS, AND OVERHEAD RATES
BLS occupation code

Occupation

53–3032; 53–3051;
53–3052.
43–1011 .....................

CDL Driver Composite ................

Hourly median
wage

Fringe benefits
rate
(%)

Overhead rate
(%)

Median hourly
base wage +
fringe benefits

Median hourly
base wage +
fringe benefits
+ overhead

NA

45.83

NA

$39.19

NA

$31.80

74.14

21

55.38

$62.05

First-Line Supervisors of Office
and Administrative Support
Workers.

Average SDLA Fee for License Renewal
FMCSA reviewed fees for CDL
renewal across all 51 (50 States and the
District of Columbia) jurisdictions and
found that renewal fees range from $5
to $164.50. The average renewal fee is
$55.28, and FMCSA uses an estimate of
$55 to represent the renewal fee paid by
non-domiciled CDL applicants.

recent crash data from the National
Highway Traffic Safety Administration,
from calendar year 2023, inflated to
2024 values based on the Consumer
Price Index for All Urban Consumers.

TABLE 2—CMV CRASH COST, BY
CRASH TYPE
[In 2024 dollars]

Crash Costs

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FMCSA uses crash cost values to
assess and estimate the safety benefits of
various regulatory initiatives. FMCSA
publishes its methodology for
calculating crash costs for fatal, injury,
and non-injury crashes on its website.34
The values below incorporate the most
hourly base wage plus fringe benefits, but exclusive
of overhead, representing the value to the driver of
his or her forgone best alternative (i.e., in the
absence of this rule it is assumed these individuals
would be working during that time and as such, the
analysis values that time at the same amount that
they accept in exchange for it, that is, their base
wage plus fringe benefits). Including an overhead
rate as a component element of the driver wage rate,
over and above the base wage and fringe benefits,
for the purposes of evaluating the opportunity cost
to drivers does not accurately reflect the value as

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Crash type
Cost per non injury crash .....
Cost per injury crash ............
Cost per fatal crash ..............

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SDLAs
This IFR will impact the SDLAs in 46
States that currently issue nondomiciled CDLs (AL, MS, NH, TN, and
WV do not issue non-domiciled CDLs).
Drivers

This final rule will impact current
and prospective non-domiciled CDL
CMV crash
holders. Drivers will be required to
costs
provide additional documentation, and
in some cases will no longer be eligible
$52,864
for a non-domiciled CDL. FMCSA
400,025
gathered information on current CLP
15,739,682
and CDL holders during the APRs
discussed earlier in the preamble, and
estimates that there are approximately

incident upon the driver (because the value of the
overhead component of wage rates is not incident
upon, nor received as compensation by, the driver,
as are base wages and fringe benefits).
32 See SAS Table 5. Available at: https://
www.census.gov/programs-surveys/sas/data/
tables.html (accessed: Sept. 10, 2025).
33 The seven expense categories included in this
overhead estimate are: ‘‘Expensed purchases of
software’’ ($321 million), ‘‘Data processing and
other purchased computer services’’ ($320 million),
‘‘Purchased repairs and maintenance to buildings,

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Affected Entities

structures, and offices’’ ($541 million), ‘‘Lease and
rental payments for land, buildings, structures,
store spaces, and offices’’ ($3,067 million),
‘‘Purchased advertising and promotional services’’
($507 million), ‘‘Purchased professional and
technical services’’ ($1,782 million), and ‘‘Cost of
insurance’’ ($6,535 million).
34 Available at https://www.fmcsa.dot.gov/sites/
fmcsa.dot.gov/files/2024-12/FMC-PRE-240812-001Federal%20Motor%20Carrier%20Safety
%20Administraction%20Crash%20Cost
%20Methdology%20Report-2024_0.pdf.

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200,000 non-domiciled CDL holders,
and approximately 20,000 nondomiciled CLP holders. Upon renewal,
some number of these individuals will
no longer be eligible for a nondomiciled CDL and will have their
credential downgraded. In an effort to
determine the number of drivers that
will still be eligible for non-domiciled
CDLs, FMCSA spoke with other
Government agencies and reviewed data
from SDLAs and other on-line
resources. Approximately 500 to 600
individuals receive a H–2B status with
the intent to operate a CMV each year.
This nonimmigrant classification can be
granted for up to the period of time
authorized on the temporary labor
certification and may be extended for
qualifying employment in increments of
up to one year.35 FMCSA thus assumes
that 500 to 600 individuals will seek a
non-domiciled CDL, including renewals
or extensions, each year. FMCSA does
not have clear estimates of the number
of H–2A workers that intend to operate
a CMV because it is often incidental to
the work they are doing. The Office of
Homeland Security Statistics yearbook
estimates that approximately 27,240 H–
2A visas were issued to individuals
from countries other than Canada and
Mexico in 2023.36 This represents an
upper bound in that it is highly unlikely
that all of these individuals would seek
a CDL. The Bureau of Labor Statistics
(BLS) reports employment based on
industry and occupational code. In
2024, BLS estimates that there were
approximately 15,000 heavy and tractortrailer truck drivers in the agricultural
industry.37 Many of these drivers are
U.S. citizens and would not seek a nondomiciled CDL. FMCSA makes the
simplifying assumption that 1⁄3 of these
individuals hold H–2A status, are not
domiciled in either Canada or Mexico,
and will be applying for non-domiciled
CDLs each year. Including the
individuals in the remaining
nonimmigrant categories (E–2) FMCSA
estimates that SDLAs will issue
approximately 6,000 non-domiciled
CDLs per year. The remaining roughly
194,000 current non-domiciled CDL
holders will exit the freight market,
which is discussed in more detail in the
cost section.
Motor Carriers
This IFR will impact motor carriers
that currently, or intend to, employ non35 See https://www.uscis.gov/working-in-theunited-states/temporary-workers/h-2b-temporarynon-agricultural-workers.
36 Available at https://ohss.dhs.gov/topics/
immigration/yearbook/2023/table25.
37 Available at https://data.bls.gov/projections/
nationalbMatrix?querybParams=111000&ioType=i.

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domiciled CDL holders that are no
longer eligible to receive a credential.
Motor carriers that currently employ
non-domiciled CDL holders will have
some time to adjust to the change as the
drivers will be aware if their license will
not be renewed under the standards set
forth in this IFR. By providing this time
for adjustment, FMCSA anticipates that
impacts to motor carriers will be
mitigated.
Need for the Regulation
As discussed at length in the
preamble, the confluence of recent
events creates an imminent concern that
the current regulatory framework does
not provide a sufficient margin of safety
to protect the traveling public. The fatal
crashes identified above demonstrate
that the regulations fail even when
properly followed, while the systemic
issuance errors confirm the current
regulatory framework has allowed for
frequent points of failure—enabling
ineligible persons to obtain nondomiciled CLPs and CDLs. This
combination constitutes an imminent
hazard that warrants immediate action
to protect the traveling public.
Costs
This IFR will require States and their
SDLAs to verify additional
documentation, utilize SAVE, and retain
copies of the verified documents in their
records. FMCSA anticipates that States
will issue fewer non-domiciled CDLs,
but that each credential will require
additional time to verify and retain
documents. Currently, States are not
required to pay transactions fees to
query SAVE and FMCSA does not
estimate a fee impact for that
transaction. Lastly, States that choose to
issue non-domiciled CDLs and CLPs
will be required to pause issuance of
those CDLs and CLPs until they can
ensure compliance with the updated
regulations. FMCSA anticipates that
States will incur costs in the process of
realigning their non-domiciled CDL
program issuance with the standards set
forth in this IFR.
FMCSA estimates that verifying and
retaining additional documentation and
running a SAVE query will require
approximately 15 minutes of time per
query for SDLA personnel. FMCSA
estimates that the total cost, across all
impacted SDLAs, will total
approximately $93,075 per year (6,000
applicants × $62.05 wage rate × 15
minutes).
SDLAs that choose to issue nondomiciled CDLs will be required to
pause issuance of the credential until
their program is aligned to the standards
set forth in this IFR. Each SDLA has

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46519

developed a process that is unique to
their State, and as such, will incur
different costs to adjust their program.
Some program adjustments could
include reprograming the IT system to
interpret SAVE results in alignment
with the new standards, changing the
credential that is issued to ensure that
‘‘non-domiciled’’ is conspicuously and
unmistakably displayed on the face of
the CLP or CDL, and ensuring that
SDLA employees are properly issuing
non-domiciled CDLs and retaining
appropriate records. FMCSA is unable
to estimate a specific cost for each SDLA
due to the variance in current nondomiciled CDL issuance (e.g., many
SDLA systems already issue credentials
with ‘‘non-domiciled’’ displayed on the
face of the credential and some SDLAs
were already retaining appropriate
records to document the issuance
process). FMCSA has previously
estimated costs of approximately
$70,000 (in 2024 dollars) to develop an
interface between the Drug and Alcohol
Clearinghouse and the SDLA IT
system.38 This would likely
overestimate the cost of reprogramming
State IT systems to interpret SAVE
results because SDLAs are already
interfacing with SAVE for purposes of
REAL ID and this change will represent
an adjustment to the existing interface.
It is, however, a reasonable estimate of
the average impact for States to align
their non-domiciled CDL program with
the standards set forth in this rule
(inclusive of IT system upgrades,
credential updates, and ensuring staff
are properly issuing credentials).
FMCSA estimates that each of the 46
effected SDLAs will incur costs of
$70,000 in the first year of the analysis,
resulting in total first year costs for
program realignment of $3.2 million (46
SDLAs × $70,000 = $3,220,000).
This IFR will also result in costs to
non-domiciled CDL drivers as they will
now be required to renew their license
in person every year, which increases
the amount of time needed to renew the
license. Previously, some drivers were
likely able to renew online or via mail
and had expiry dates beyond a one-year
timeframe. FMCSA assumes that nondomiciled CDL holders previously had
a two-year expiry date and spent
approximately one hour (or 30 minutes
a year) renewing their license. FMCSA
estimates they will now spend four
hours, or 3.5 additional hours renewing
their license each year. FMCSA
estimates the annual in person visit will
take an additional 3.5 hours of a driver’s
time, resulting in total annual costs of
38 (86

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$822,990 (6,000 applicants × $39.19 ×
3.5 hours).
FMCSA anticipates that drivers who
will no longer be eligible for a nondomiciled CDL will be able to find
similar employment in other sectors
(e.g., construction, driving vehicles that
don’t require a CDL, etc.). They will
experience some de minimis costs as
they move from one industry to another
when their current credential expires.
Regarding potential economic impacts
within the freight market, FMCSA
looked at data during and after the
COVID–19 pandemic to understand how
the market could react to a reduction in
CDL holders and found that the freight
market tends to be flexible and
responsive to external factors. During
the COVID–19 pandemic the industry
saw a historic increase in spot market
rates, followed by a record influx of
motor carriers and drivers entering the
market to meet the increased demand.39
In 2021 there was a nearly 20 percent
increase in the number of interstate
motor carriers and a 6 percent increase
in the number of interstate CDL

drivers.40 Since that time, the rates have
fallen, as have load volumes and the
number of motor carriers. There are
roughly 200,000 non-domiciled CDL
holders, which is approximately five
percent of the 3.8 million active
interstate CDL holders in 2024. FMCSA
anticipates that these drivers will exit
the market within approximately two
years as their credential comes up for
renewal, and that the market will
respond to this change in capacity as it
has in the past, with rates adjusting and
drivers and carriers entering the market
where needed. Further, due to the
prolonged two-year period of attrition,
motor carriers will have time to adjust
their hiring based on the requirements
set forth in this IFR, including by
marketing available positions to drivers
with the proper qualifications to obtain
a CDL. As such, FMCSA believes there
will be a limited economic impact on
the freight market and motor carriers.
Transfers
In addition, drivers who previously
paid the renewal fee every two years

will now pay that fee annually. As
discussed above, the average renewal
fee is $55, and will now be paid
annually instead of biannually, which
results in an increase of $27.50 per year.
FMCSA anticipates that drivers will
incur additional fees of approximately
$165,000 per year (6,000 drivers ×
$27.50). Fees are considered transfer
payments, or monetary payments from
one group to another that do not affect
the total resources available to society,
and therefore do not represent actual
costs or benefits of the rule.
Total Costs and Transfers
As shown in the table below, FMCSA
estimates that the total 10-year cost of
the rulemaking (excluding transfers) is
approximately $10.9 million discounted
at three percent and $9.4 million
discounted at seven percent. Total
annualized impacts range from $1.6
million discounted at three percent to
$1.3 million discounted at seven
percent.

TABLE 3—TOTAL COSTS AND TRANSFERS
[In 2024 dollars]
Total state
cost

Analysis year

Total transfers

Total cost
(excluding
transfers)

Total cost
(discounted at
3 percent)

Total cost
(discounted at
7 percent)

1 ................................................................................................
2 ................................................................................................
3 ................................................................................................
4 ................................................................................................
5 ................................................................................................
6 ................................................................................................
7 ................................................................................................
8 ................................................................................................
9 ................................................................................................
10 ..............................................................................................

$3,313,075
93,075
93,075
93,075
93,075
93,075
93,075
93,075
93,075
93,075

$822,990
822,990
822,990
822,990
822,990
822,990
822,990
822,990
822,990
822,990

$165,000
165,000
165,000
165,000
165,000
165,000
165,000
165,000
165,000
165,000

$4,136,065
916,065
916,065
916,065
916,065
916,065
916,065
916,065
916,065
916,065

$4,015,597
863,479
838,329
813,912
790,206
767,190
744,845
723,150
702,088
681,638

$3,865,481
800,127
747,782
698,862
653,142
610,413
570,479
533,158
498,279
465,681

Total ...................................................................................

930,750

8,229,900

1,650,000

12,380,650

10,940,434

9,443,403

Annualized .........................................................................

........................

........................

........................

........................

1,557,672

1,344,528

Benefits

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Total driver
cost

FMCSA anticipates that restoring the
integrity of non-domiciled CDL license
issuance will enhance the safety of CMV
operations and is likely to result in
improved safety outcomes, such as the
reduced frequency and/or severity of
crashes or reduced frequency of
violations. There is not sufficient
evidence, derived from well-designed,
rigorous, quantitative analyses, to
reliably demonstrate a measurable
empirical relationship between the
39 Available at https://www.bts.gov/freightindicators#spot-rates.
40 Data available from MCMIS.
41 Zhao, Ruinan, The Impact of granting
undocumented immigrants driver’s licenses on fatal
crashes, Journal of Policy Analysis and
Management (Sept. 1, 2025), available at: https://

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nation of domicile for a CDL driver and
safety outcomes in the United States
such as changes in frequency and/or
severity of crashes or changes in
frequency of violations. FMCSA
conducted a literature review and found
a few articles focused on the safety
performance impacts of undocumented
immigrants or illegal aliens, but has not
obtained information on how many
such drivers have sought to obtain a
non-domiciled CDL in the United
States.41 42

Given insufficient evidence, a direct
quantitative estimate of the potential
safety benefits resulting from this IFR
cannot be developed.

onlinelibrary.wiley.com/doi/10.1002/
pam.70053?msockid=00e07d21548e668d115f6b3
75508675a (accessed Sept. 17, 2025).
42 Federation for Immigration Reform. Drivers’
Licenses for Illegal Aliens: A bad policy that
undermines our immigration laws, available at:
https://www.fairus.org/issue/illegal-immigration/

drivers-licenses-illegal-aliens-policy-immigration
(accessed Sept. 17, 2025).
43 OMB, Circular A–4, Regulatory Analysis (Sept.
17, 2003), available at: https://www.whitehouse.gov/
wp-content/uploads/2025/08/CircularA-4.pdf
(accessed Sept. 10, 2025).

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Break-Even Analysis
When it is not possible to quantify
and monetize the estimated benefits (or
all costs) of a rule, OMB Circular A–4
suggests that agencies perform a
threshold or break-even analysis.43 In
the context of this IFR, FMCSA
estimated the number of fatal crashes
that would need to be avoided as a

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Federal Register / Vol. 90, No. 186 / Monday, September 29, 2025 / Rules and Regulations
result of the rule for the benefits to
exceed the estimated costs. Applying
FMCSA’s total annualized cost estimate
of $1,344,528 (at a seven percent
discount rate) and FMCSA’s per-fatal
crash cost estimate $15,739,682 (both in
2024 dollars), the interim final rule
would have positive net benefits if it
were to result in 0.085 fewer fatal
crashes involving CMVs each year.
Extrapolated to a full year, the breakeven number of annual avoided crashes
would be just 1.3 percent of the
identified crashes. As is discussed in
detail in the preamble above, FMCSA
has identified five fatal crashes in just
the first 8 months of 2025 in which the
CMV driver responsible for the crash
held a non-domiciled CDL that would
not have been issued under this final
rule. Therefore, FMCSA is confident
that this rule would reduce the crash
risk associated with such fatal crashes to
at least that degree, and that the benefits
would be even greater when accounting
for non-fatal crashes that would also be
avoided. As a result, FMCSA has
determined that the benefits of the
interim final rule are likely to exceed its
costs, including costs discussed above
that are unquantified, but are not
expected to be large.
B. E.O. 14192 (Unleashing Prosperity
Through Deregulation)
E.O. 14192, Unleashing Prosperity
Through Deregulation, issued on
January 31, 2025 (90 FR 9065, Jan. 31,
2025), requires that, for every one new
regulation issued by an Agency, at least
10 prior regulations be identified for
elimination, and that the cost of
planned regulations be prudently
managed and controlled through a
budgeting process. Final
implementation guidance addressing
the requirements of E.O. 14192 was
issued by OMB on March 26, 2025. This
rule does not meet the definition of
‘‘rule’’ or ‘‘regulation’’ as defined in
section 5 of E.O. 14192, because it is
issued with respect to an immigrationrelated function of the United States per
section 5(a) of E.O. 14192.

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C. Congressional Review Act
This rule is not a major rule as
defined under the Congressional Review
Act (5 U.S.C. 801–808).’’ 44
44 A major rule means any rule that OMB finds
has resulted in or is likely to result in (a) an annual
effect on the economy of $100 million or more; (b)
a major increase in costs or prices for consumers,
individual industries, geographic regions, Federal,
State, or local government agencies; or (c)
significant adverse effects on competition,
employment, investment, productivity, innovation,
or on the ability of United States-based enterprises
to compete with foreign-based enterprises in
domestic and export markets (5 U.S.C. 804(2)).

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D. Advance Notice of Proposed
Rulemaking
Under 49 U.S.C. 31136(g), FMCSA is
required to publish an advance notice of
proposed rulemaking (ANPRM) or
proceed with a negotiated rulemaking if
a safety rulemaking ‘‘under this part’’ 45
is likely to lead to the promulgation of
a major rule. As this IFR is not likely to
result in the promulgation of a major
rule, FMCSA is not required to issue an
ANPRM or to proceed with a negotiated
rulemaking.
E. Regulatory Flexibility Act (Small
Entities)
The Regulatory Flexibility Act (RFA,
5 U.S.C. 601 et seq.), as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996,46 requires Federal
agencies to consider the effects of the
regulatory action on small business and
other small entities and to minimize any
significant economic impact for any rule
subject to notice-and-comment
rulemaking under the APA unless the
agency head certifies that the rule will
not have a significant economic impact
on a substantial number of small
entities. As discussed above, FMCSA
has determined that there is good cause
to forego prior notice and comment and
amend the FMCSR through this IFR.
The Regulatory Flexibility Act,
therefore, does not require FMCSA to
conduct an RFA.
Nonetheless, FMCSA conducted a
screening analysis on the impact of the
IFR on small entities. This rule has the
potential to impact States and drivers.
Under the standards of the RFA, as
amended, States are not small entities
because they do not meet the definition
of a small entity in section 601 of the
RFA. Specifically, States are not small
governmental jurisdictions under
section 601(5) of the RFA, both because
State government is not among the
various levels of government listed in
section 601(5), and because, even if this
were the case, no State, including the
District of Columbia, has a population of
less than 50,000, which is the criterion
to be a small governmental jurisdiction
under section 601(5) of the RFA.
CDL holders are not considered small
entities because they do not meet the
definition of a small entity in Section
601 of the RFA. Specifically, drivers are
considered neither a small business
under Section 601(3) of the RFA, nor are
they considered a small organization
under Section 601(4) of the RFA.
45 Part B of Subtitle VI of Title 49, United States
Code, i.e., 49 U.S.C. chapters 311–317.
46 Public Law 104–121, 110 Stat. 857, (Mar. 29,
1996).

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46521

Therefore, this rule would not impact a
substantial number of small entities.
This rule would require that States
verify and retain additional
documentation on non-domiciled CLP
and CDL applicants and complete a
check with SAVE. FMCSA estimates
costs to all impacted States of
approximately $93,000 per year. Further
drivers would be required to renew their
license annually, in-person at the SDLA
at an estimated impact of approximately
$988,000 per year, or less than $120 per
driver per year. For these reasons,
FMCSA certifies that this action will not
have a significant economic impact on
a substantial number of small entities.
F. Assistance for Small Entities
In accordance with section 213(a) of
the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub.
L. 104–121, 110 Stat. 857), FMCSA
wants to assist small entities in
understanding this final rule so they can
better evaluate its effects on themselves
and participate in the rulemaking
initiative. If the IFR will affect your
small business, organization, or
governmental jurisdiction and you have
questions concerning its provisions or
options for compliance, please consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
Small businesses may send comments
on the actions of Federal employees
who enforce or otherwise determine
compliance with Federal regulations to
the Small Business Administration’s
Small Business and Agriculture
Regulatory Enforcement Ombudsman
(Office of the National Ombudsman, see
https://www.sba.gov/about-sba/
oversight-advocacy/office-nationalombudsman) and the Regional Small
Business Regulatory Fairness Boards.
The Ombudsman evaluates these
actions annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of FMCSA, call 1–888–REG–
FAIR (1–888–734–3247). DOT has a
policy regarding the rights of small
entities to regulatory enforcement
fairness and an explicit policy against
retaliation for exercising these rights.
G. Unfunded Mandates Reform Act of
1995
The Unfunded Mandates Reform Act
of 1995 (UMRA, 2 U.S.C. 1531–1538)
requires Federal agencies to assess the
effects of their discretionary regulatory
actions. The Act addresses actions that
may result in the expenditure by a State,
local, or Tribal government, in the
aggregate, or by the private sector of
$206 million (which is the value
equivalent of $100 million in 1995,

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adjusted for inflation to 2024 levels) or
more in any one year. Though this IFR
would not result in such an
expenditure, and the analytical
requirements of UMRA do not apply as
a result, FMCSA discusses the effects of
this rule elsewhere in this preamble.
H. Paperwork Reduction Act
This IFR contains information
collection requirements under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520). As defined in 5 CFR
1320.3(c), collection of information
comprises reporting, recordkeeping,
monitoring, posting, labeling, and other
similar actions. The title and
description of the information
collection, a description of those who
must collect the information, and an
estimate of the total annual burden
follow. The estimate covers the time for
reviewing instructions, searching
existing sources of data, gathering and
maintaining the data needed, and
completing and reviewing the
collection.
Title: Non-Domiciled Commercial
Driver’s License Records.
OMB Control Number: 2126–0087.
Summary of the Information
Collection: 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.
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 §§ 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

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Jkt 265001

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 nondomiciled CLP or CDL. Failure to collect
this information would render the
regulations unenforceable.
Description of the Respondents:
SDLAs issuing non-domiciled CDLs.
Number of Respondents: 51.
Frequency of Response: Ongoing.
Burden of Response: 6,000 responses.
The associated cost burden is $93,075.
Estimate of Total Annual Burden:
1,500 hours.
In accordance with 44 U.S.C. 3507(d),
FMCSA will submit the proposed
information collection amendments to
OIRA at OMB for approval.
FMCSA requests comment on any
aspect of this information collection,
including: (1) Whether the proposed
collection is necessary for FMCSA to
perform its 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.
I. E.O. 13132 (Federalism)
FMCSA has analyzed this rule in
accordance with the principles and
criteria of E.O. 13132, Federalism, and
has determined that it does not have
federalism implications. E.O. 13132
applies to ‘‘policies that have federalism
implications,’’ defined as regulations
and other actions that have ‘‘substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various

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levels of government’’ (Sec. 1(a)). The
key concept here is ‘‘substantial direct
effects on the States.’’ Section 3(b) of the
E.O. provides that ‘‘[n]ational action
limiting the policymaking discretion of
the States shall be taken only where
there is constitutional and statutory
authority for the action and the national
activity is appropriate in light of the
presence of a problem of national
significance.’’
The rule amends a single aspect of the
CDL program authorized by the CMVSA
(49 U.S.C. chapter 313). States have
been required to issue all CDLs in
accordance with Federal standards for
decades and have been required to issue
all CLPs in accordance with Federal
standards since 2011. Moreover, the
CDL program does not have preemptive
effect; it is voluntary, and States may
withdraw at any time, though doing so
will result in the loss of certain Federalaid highway funds pursuant to 49 U.S.C.
31314. Because this IFR makes only a
modest change to requirements already
imposed on participating States,
FMCSA has determined that it does not
have substantial direct effects on the
States, on the relationship between the
Federal and State governments, or on
the distribution of power and
responsibilities among the various
levels of government.
Nonetheless, FMCSA recognizes that
this rule has an impact on the States and
their commercial driver licensing
operations. Most notably, it requires all
States that issue non-domiciled CLPs
and CDLs to amend their existing
procedures. The Agency continually
works with the States to identify CDL
program deficiencies that need to be
addressed, and it was mostly through
these reviews that systemic deficiencies
with the non-domiciled CLP and CDL
issuance process were identified.
Therefore, States that issue nondomiciled CLPs and CDLs are generally
already on notice that this aspect of the
CDL program is under scrutiny and that
procedural changes may be necessary.
Section 6(b) of E.O. 13132 provides in
part that ‘‘[t]o the extent practicable and
permitted by law, no agency shall
promulgate any regulation that has
federalism implications, that imposes
substantial direct compliance costs on
State and local governments, and that is
not required by statute, unless . . . the
agency, prior to the formal promulgation
of the regulation, (A) consulted with
State and local officials early in the
process of developing the proposed
regulation.’’ As described in Section
IX.A of the Regulatory Analysis, above,
the total cost to States of complying
with these new regulations is not
expected to be substantial, so the

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Federal Register / Vol. 90, No. 186 / Monday, September 29, 2025 / Rules and Regulations
Agency has determined that
consultation is not required.
Furthermore, because this is an IFR,
there is no ‘‘proposed regulation.’’ The
expedited process necessitated by the
immediate need to address the issues
discovered in the recent APRs means it
is not practicable to consult with the
States prior to promulgation of this
rulemaking. However, FMCSA values
input from States and will ensure States
have the opportunity to provide input
after the publication of the IFR. FMCSA
will determine whether any revisions to
the rule are warranted as a result of
information the Agency receives.
J. Privacy
The Consolidated Appropriations Act,
2005,47 requires agencies to assess the
privacy impact of a regulation that will
affect the privacy of individuals. This
rule would not require the collection of
personally identifiable information (PII).
The supporting Privacy Impact Analysis
(PIA), available for review in the docket,
gives a full and complete explanation of
FMCSA practices for protecting PII in
general and specifically in relation to
this final rule.
The Privacy Act (5 U.S.C. 552a)
applies only to Federal agencies and any
non-Federal agency that receives
records contained in a system of records
from a Federal agency for use in a
matching program.
The E-Government Act of 2002,48
requires Federal agencies to conduct a
PIA for new or substantially changed
technology that collects, maintains, or
disseminates information in an
identifiable form. No new or
substantially changed technology will
collect, maintain, or disseminate
information as a result of this rule.
Accordingly, FMCSA has not conducted
a PIA.
FMCSA will complete a Privacy
Threshold Assessment (PTA) to evaluate
the risks and effects the proposed
rulemaking might have on collecting,
storing, and sharing personally
identifiable information. The PTA will
be submitted to FMCSA’s Privacy
Officer for review and preliminary
adjudication and to DOT’s Privacy
Officer for review and final
adjudication.

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K. E.O. 13175 (Indian Tribal
Governments)

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List of Subjects
49 CFR Part 383
Administrative practice and
procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.
49 CFR Part 384
Administrative practice and
procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.
Accordingly, FMCSA amends 49 CFR
parts 383 and 384 as follows:
PART 383—COMMERCIAL DRIVER’S
LICENSE STANDARDS;
REQUIREMENTS AND PENALTIES
1. The authority citation for part 383
continues to read as follows:

■

Authority: 49 U.S.C. 521, 31136, 31301 et
seq., and 31502; secs. 214 and 215 of Pub. L.
106–159, 113 Stat. 1748, 1766, 1767; sec.
1012(b) of Pub. L. 107–56, 115 Stat. 272, 297,
sec. 4140 of Pub. L. 109–59, 119 Stat. 1144,
1746; sec. 32934 of Pub. L. 112–141, 126 Stat.
405, 830; sec. 23019 of Pub. L. 117–58, 135
Stat. 429, 777; and 49 CFR 1.87.

2. Amend § 383.5 by adding, in
alphabetical order, the definition for
‘‘Evidence of lawful immigration status’’
to read as follows:

47 Public Law 108–447, 118 Stat. 2809, 3268, note
following 5 U.S.C. 552a (Dec. 4, 2014).
48 Public Law 107–347, sec. 208, 116 Stat. 2899,
2921 (Dec. 17, 2002).

17:17 Sep 26, 2025

L. National Environmental Policy Act of
1969
FMCSA analyzed this IFR pursuant to
the National Environmental Policy Act
of 1969 (NEPA) (42 U.S.C. 4321 et seq.).
FMCSA believes this IFR will not have
a reasonably foreseeable significant
effect on the quality of the human
environment. This action falls under a
published categorical exclusion and is
thus excluded from further analysis and
documentation in an environmental
assessment or environmental impact
statement under DOT Order 5610.1D,49
Subpart B, Subsection e, paragraph
(6)(s)(7), and (6)(t)(2), which cover
regulations pertaining to requirements
for State-issued commercial license
documentation and having the
appropriate laws, regulations, programs,
policies, procedures and information
systems concerning the qualification
and licensing of persons who apply for
a CDL, and persons who are issued a
CDL.

■

This rule does not have Tribal
implications under E.O. 13175,
Consultation and Coordination with

VerDate Sep<11>2014

Indian Tribal Governments, because it
does not have a substantial direct effect
on one or more Indian Tribes, on the
relationship between the Federal
Government and Indian Tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian Tribes.

49 Available at https://www.transportation.gov/
mission/dots-procedures-consideringenvironmental-impacts.

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§ 383.5

46523

Definitions.

*

*
*
*
*
Evidence of lawful immigration status
for purposes of subpart B of this part,
means:
(1) For applicants domiciled in a
foreign jurisdiction (except Puerto Rico,
the U.S. Virgin Islands, Guam,
American Samoa, or the Commonwealth
of the Northern Mariana Islands):
(i) An unexpired foreign passport; and
(ii) An unexpired Form I–94/94A
issued by the U.S. Department of
Homeland Security indicating one of the
following classifications: H–2A—
Temporary Agricultural Workers, H–
2B—Temporary Non-Agricultural
Workers, or E–2—Treaty Investors.
(2) For applicants domiciled in Puerto
Rico, the U.S. Virgin Islands, Guam,
American Samoa, or the Commonwealth
of the Northern Mariana Islands: any of
the documents specified in Table 1 of
section 383.71.
*
*
*
*
*
3. Amend § 383.71 by revising
paragraph (f) to read as follows:

■

§ 383.71 Driver application and
certification procedures.

*

*
*
*
*
(f) Non-domiciled CLP and CDL. (1) A
person must obtain a Non-domiciled
CLP or CDL:
(i) If the applicant is domiciled in a
foreign jurisdiction, as defined in
§ 383.5, and the Administrator has not
determined that the commercial motor
vehicle operator testing and licensing
standards of that jurisdiction meet the
standards contained in subparts G and
H of this part, provided the applicant
provides the evidence of lawful
immigration status required under
paragraph (f)(3)(i)(B) of this section.
(ii) If the applicant is domiciled in a
State that is prohibited from issuing
CLPs and CDLs in accordance with
§ 384.405 of this subchapter. That
person is eligible to obtain a nondomiciled CLP or CDL from any State
that elects to issue a non-domiciled CLP
or CDL and that complies with the
testing and licensing standards
contained in subparts F, G, and H of this
part.
(2) An applicant for a non-domiciled
CLP and CDL must do both of the
following:
(i) Complete the requirements to
obtain a CLP contained in paragraph (a)
of this section or a CDL contained in
paragraph (b) of this section, except as
provided in paragraph (f)(3) of this
section.

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(ii) After receipt of the non-domiciled
CLP or CDL, and for as long as it is
valid, notify the State which issued the
non-domiciled CLP or CDL of any
adverse action taken by any jurisdiction
or governmental agency, foreign or
domestic, against his/her driving
privileges. Such adverse actions
include, but are not limited to, license
disqualification or disqualification from
operating a commercial motor vehicle
for the convictions described in
§ 383.51. Notifications must be made
within the time periods specified in
§ 383.33.
(3) Eligibility for applicants domiciled
in a foreign jurisdiction:
(i) To be eligible for a Non-domiciled
CLP or CDL, an applicant domiciled in
a foreign jurisdiction must:
(A) Have lawful immigration status in
the United States, and
(B) Provide evidence of lawful
immigration status, as defined in
§ 383.5.
(ii) No proof of domicile is required.
(iii) An applicant for a non-domiciled
CLP or CDL is not required to surrender
his/her foreign license.
*
*
*
*
*
■ 4. Amend § 383.73 by:
■ a. Revising paragraph (a)(6);
■ b. Revising paragraph (b)(6);
■ c. Revising paragraph (c)(7);
■ d. Revising paragraph (d)(7);
■ e. Revising paragraph (e)(5);
■ f. Revising the introductory text of
paragraph (f)(2);
■ g. Adding paragraph (f)(2)(iv);
■ h. Revising paragraph (f)(3);
■ i. Adding paragraphs (f)(5) and (6);
and
■ j. Revising paragraph (m).
The revisions and additions read as
follows:

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§ 383.73

State procedures.

(a) * * *
(6) Require compliance with the
standards for providing proof of
citizenship or lawful permanent
residency specified in § 383.71(a)(5) and
proof of State of domicile specified in
§ 383.71(a)(6) for applicants domiciled
in a State; and for applicants domiciled
in a foreign jurisdiction, evidence of
lawful immigration status as required by
§ 383.71(f)(3)(i)(B). Exception: A State is
required to check the proof of
citizenship or immigration status
specified in this paragraph only for
initial issuance, renewal or upgrade of
a CLP or non-domiciled CLP (for
applicants domiciled in a State) and for
initial issuance, renewal, upgrade or
transfer of a CDL or non-domiciled CDL
(for applicants domiciled in a State) for
the first time after July 8, 2011, provided

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a notation is made on the driver’s record
confirming that the proof of citizenship
or immigration status check required by
this paragraph has been made and
noting the date it was done. This
exception does not apply to applicants
domiciled in a foreign jurisdiction.
*
*
*
*
*
(b) * * *
(6) Require compliance with the
standards for providing proof of
citizenship or lawful permanent
residency specified in § 383.71(b)(9) and
proof of State of domicile specified in
§ 383.71(b)(10) for applicants domiciled
in a State; and for applicants domiciled
in a foreign jurisdiction, evidence of
lawful immigration status as required by
§ 383.71(f)(3)(i)(B). Exception: A State is
required to check the proof of
citizenship or immigration status
specified in this paragraph only for
initial issuance, renewal or upgrade of
a CLP or non-domiciled CLP (for
applicants domiciled in a State) and for
initial issuance, renewal, upgrade or
transfer of a CDL or non-domiciled CDL
(for applicants domiciled in a State) for
the first time after July 8, 2011, provided
a notation is made on the driver’s record
confirming that the proof of citizenship
or immigration status check required by
this paragraph has been made and
noting the date it was done. This
exception does not apply to applicants
domiciled in a foreign jurisdiction.
*
*
*
*
*
(c) * * *
(7) Require compliance with the
standards for providing proof of
citizenship or lawful permanent
residency specified in § 383.71(b)(9) and
proof of State of domicile specified in
§ 383.71(b)(10) for applicants domiciled
in a State; and for applicants domiciled
in a foreign jurisdiction, evidence of
lawful immigration status as required by
§ 383.71(f)(3)(i)(B). Exception: A State is
required to check the proof of
citizenship or immigration status
specified in this paragraph only for
initial issuance, renewal or upgrade of
a CLP or non-domiciled CLP (for
applicants domiciled in a State) and for
initial issuance, renewal, upgrade or
transfer of a CDL or non-domiciled CDL
(for applicants domiciled in a State) for
the first time after July 8, 2011, provided
a notation is made on the driver’s record
confirming that the proof of citizenship
or immigration status check required by
this paragraph has been made and
noting the date it was done. This
exception does not apply to applicants
domiciled in a foreign jurisdiction.
*
*
*
*
*
(d) * * *

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(7) Require compliance with the
standards for providing proof of
citizenship or lawful permanent
residency specified in § 383.71(b)(9) and
proof of State of domicile specified in
§ 383.71(b)(10) for applicants domiciled
in a State; and for applicants domiciled
in a foreign jurisdiction, evidence of
lawful immigration status as required by
§ 383.71(f)(3)(i)(B). Exception: A State is
required to check the proof of
citizenship or immigration status
specified in this paragraph only for
initial issuance, renewal or upgrade of
a CLP or non-domiciled CLP (for
applicants domiciled in a State) and for
initial issuance, renewal, upgrade or
transfer of a CDL or non-domiciled CDL
(for applicants domiciled in a State) for
the first time after July 8, 2011, provided
a notation is made on the driver’s record
confirming that the proof of citizenship
or immigration status check required by
this paragraph has been made and
noting the date it was done. This
exception does not apply to applicants
domiciled in a foreign jurisdiction.
*
*
*
*
*
(e) * * *
(5) Require compliance with the
standards for providing proof of
citizenship or lawful permanent
residency specified in § 383.71(b)(9) and
proof of State of domicile specified in
§ 383.71(b)(10) for applicants domiciled
in a State; and for applicants domiciled
in a foreign jurisdiction, evidence of
lawful immigration status as required by
§ 383.71(f)(3)(i)(B). Exception: A State is
required to check the proof of
citizenship or immigration status
specified in this paragraph only for
initial issuance, renewal or upgrade of
a CLP or non-domiciled CLP (for
applicants domiciled in a State) and for
initial issuance, renewal, upgrade or
transfer of a CDL or non-domiciled CDL
(for applicants domiciled in a State) for
the first time after July 8, 2011, provided
a notation is made on the driver’s record
confirming that the proof of citizenship
or immigration status check required by
this paragraph has been made and
noting the date it was done. This
exception does not apply to applicants
domiciled in a foreign jurisdiction.
*
*
*
*
*
(f) * * *
(2) State procedures for the issuance
of a non-domiciled CLP and CDL, for
any modifications thereto, and for
notifications to the Commercial Driver’s
License Information System must at a
minimum be identical to those
pertaining to any other CLP or CDL,
except as set forth in paragraphs (f)(2)(i)
through (iv) and (f)(3) of this section.
*
*
*
*
*

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Federal Register / Vol. 90, No. 186 / Monday, September 29, 2025 / Rules and Regulations
(iv) For applicants domiciled in a
foreign jurisdiction, the State must
ensure that the period of validity of the
non-domiciled CLP or CDL does not
exceed the Admit Until Date or
expiration date on the applicant’s I–94/
A or 1 year, whichever is sooner.
(3) Documentation of lawful
immigration status. (i) Applicants
domiciled in a State. The State must
require compliance with the standards
for providing evidence of lawful
immigration status specified in
§ 383.71(b)(9) of this part.
(ii) Applicants domiciled in a foreign
jurisdiction.
(A) Beginning September 29, 2025,
the State must not issue (which includes
amending, correcting, reprinting, or
otherwise duplicating a previously
issued CLP or CDL), transfer, renew, or
upgrade a non-domiciled CLP or CDL
unless, at the time of the transaction, the
applicant provides evidence of lawful
immigration status as defined under
§ 383.5. Applicants for a non-domiciled
CLP or CDL who do not provide
evidence of lawful immigration status as
required under § 383.71(f)(3)(i)(B) are
not eligible for a non-domiciled CLP or
CDL.
(B) States must comply with the
document verification requirements for
applicants domiciled in a foreign
jurisdiction set forth in § 383.73(m)(2)
before 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.
(C) States are prohibited from granting
non-domiciled CLP or CDL privileges on
a temporary or interim basis pending
review and validation of an applicant’s
evidence of lawful immigration status.
*
*
*
*
*
(5) Downgrade. If after 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, the State
receives information from FMCSA, the
Department of Homeland Security, the
Department of State, or other Federal
agency with jurisdiction that the
applicant no longer has lawful
immigration status in the United States
in a category specified in paragraph
(1)(iii) of the definition of evidence of
lawful immigration status in § 383.5 of
this part, the State must initiate
established State procedures for
downgrading the non-domiciled CLP or
CDL. The downgrade must be
completed and recorded on the CDLIS
driver record within 30 days of the

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State’s receipt of such information. As
used in this paragraph, the term
‘‘downgrade’’ means the State’s removal
of the CLP or CDL privilege from the
driver’s license, as set forth in paragraph
(4) the definition of CDL downgrade in
§ 383.5.
(6) Non-domiciled CDL renewal.
States must require non-domiciled CLP
or CDL renewal be conducted in-person
only and must not permit renewal by
mail or electronic means.
*
*
*
*
*
(m) Document verification. Except as
provided in paragraphs (m)(1) and (2) of
this section, the State must require at
least two persons within the driver
licensing agency to participate
substantively in the processing and
verification of the documents involved
in the licensing process for initial
issuance, renewal or upgrade of a CLP
or non-domiciled CLP and for initial
issuance, renewal, upgrade or transfer of
a CDL or non-domiciled CDL. The
documents being processed and verified
must include, at a minimum, those
provided by the applicant to prove
lawful immigration status and (if
applicable) domicile, the information
filled out on the application form, and
knowledge and skills test scores. This
section does not require two people to
process or verify each document
involved in the licensing process.
(1) Exception for applicants domiciled
in a State. For offices with only one staff
member, at least some of the documents
must be processed or verified by a
supervisor before issuance or, when a
supervisor is not available, copies must
be made of some of the documents
involved in the licensing process and a
supervisor must verify them within one
business day of issuance of the CLP,
non-domiciled CLP, CDL, or nondomiciled CDL.
(2) Document Verification for
applicants domiciled in a foreign
jurisdiction. States must verify evidence
of lawful immigration status for
applicants domiciled in a foreign
jurisdiction before initial issuance and
before any subsequent issuance (which
includes amending, correcting,
reprinting, or otherwise duplicating a
previously issued CLP or CDL), transfer,
renewal, or upgrade of a non-domiciled
CLP or CDL.
(i) For offices with only one staff
member, all documents must be
processed or verified by a supervisor
before 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.

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46525

(ii) In reviewing the evidence of
lawful immigration status an applicant
domiciled in a foreign jurisdiction
(except an applicant domiciled in
Puerto Rico, the U.S. Virgin Islands,
Guam, American Samoa or the
Commonwealth of the Northern Mariana
Islands), the State must query the
Systematic Alien Verification for
Entitlements (SAVE) system
(administered by U.S. Citizenship and
Immigration Services). If the SAVE final
response, including additional
verification if needed, does not confirm
the applicant’s claim to be in lawful
immigration status in a category
specified in paragraph (1)(ii) of the
definition of evidence of lawful
immigration status in § 383.5 of this
part, the State must not issue (which
includes amend, correct, reprint, or
otherwise duplicate a previously issued
CLP or CDL), transfer, renew, or upgrade
a non-domiciled CLP or CDL, and must
initiate downgrade procedures in
accordance with paragraph (f)(5) of this
section if the applicant holds an
unexpired non-domiciled CLP or CDL.
(iii) The State must retain copies of all
documents involved in the licensing
process, including documents provided
by the applicant to prove lawful
immigration status and documents
showing the results of any SAVE query
to verify an applicant’s lawful
immigration status, and a supervisor
must verify them within one business
day 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. The State must retain the
documents for no less than 2 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.
*
*
*
*
*
PART 384—STATE COMPLIANCE
WITH COMMERCIAL DRIVER’S
LICENSE PROGRAM
5. The authority citation for part 384
continues to read as follows:

■

Authority: 49 U.S.C. 31136, 31301, et seq.,
and 31502; secs. 103 and 215 of Pub. L. 106–
159, 113 Stat. 1748, 1753, 1767; sec. 32934
of Pub. L. 112–141, 126 Stat. 405, 830; sec.
5524 of Pub. L. 114–94, 129 Stat. 1312, 1560;
and 49 CFR 1.87.

6. Amend § 383.212 by adding
paragraphs (a)(1) and (2) to read as
follows:

■

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§ 384.212

Federal Register / Vol. 90, No. 186 / Monday, September 29, 2025 / Rules and Regulations
Domicile requirement.

DEPARTMENT OF COMMERCE

(a) * * *
(1) For applicants domiciled in a
foreign jurisdiction, the State must:
(i) Comply with the document
verification requirements set forth in
§ 383.73(m)(2) before 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;
(ii) Retain copies of all documents
involved in the licensing process,
including documents provided by the
applicant to prove lawful immigration
status, for a period of no less than 2
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; and
(iii) Provide copies of all documents
involved in the licensing process to
FMCSA within 48 hours after request.
(2) [Reserved]
*
*
*
*
*
7. Amend § 384.301 by adding
paragraph (q) to read as follows:

■

§ 384.301 Substantial compliance-general
requirements.

*

*
*
*
*
(q) A State must come into substantial
compliance with the requirements of
subpart B of this part and part 383 of
this chapter related to non-domiciled
CLPs and CDLs, effective September 29,
2025, prior to 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.
Issued under authority delegated in 49 CFR
1.87.
Jesse Elison,
Chief Counsel.
[FR Doc. 2025–18869 Filed 9–26–25; 8:45 am]

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National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 140722613–4908–02; RTID
0648–XF240]

Coastal Migratory Pelagic Resources
of the Gulf and Atlantic Region; ReOpening of Commercial Harvest for
Atlantic Spanish Mackerel in the
Northern Zone
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; re-opening.
AGENCY:

NMFS announces the reopening of commercial harvest of
Spanish mackerel in the northern zone
of the Atlantic exclusive economic zone
(EEZ). NMFS recently approved a
second transfer of commercial quota
from the southern zone to the northern
zone for the 2025–2026 fishing year.
Therefore, NMFS re-opens the
commercial harvest of Spanish mackerel
in the northern zone for an additional 8
days. The purpose of this temporary
rule is to allow commercial fishermen to
harvest the increased commercial quota
of Spanish mackerel in the northern
zone while managing the risk of
exceeding the commercial quota.
DATES: This temporary rule is effective
from September 29, 2025, through
October 6, 2025.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, or
email: [email protected].
SUPPLEMENTARY INFORMATION: The
fishery for coastal migratory pelagic fish
in the Atlantic includes king mackerel,
Spanish mackerel, and cobia on the east
coast of Florida, and is managed under
the Fishery Management Plan for
Coastal Migratory Pelagic Resources of
the Gulf and Atlantic Region (FMP). The
FMP was prepared by NMFS and the
Gulf and South Atlantic Fishery
Management Councils, was approved by
the Secretary of Commerce, and is
implemented by NMFS through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act). All
weights described in this document for
Spanish mackerel in the Atlantic EEZ
apply as either round or gutted weight.
The metric conversion for the imperial
measurements used in this document is
1 pound (lb) equals approximately 0.45
kilograms.
SUMMARY:

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Atlantic Spanish mackerel are divided
into northern and southern zones for
management purposes. The northern
zone for Spanish mackerel extends in
the Atlantic EEZ from New York
through North Carolina. The northern
boundary of the northern zone extends
from an intersection point off New York,
Connecticut, and Rhode Island at
41°18′16.249″ N latitude and
71°54′28.477″ W longitude, and
proceeds southeast to 37°22′32.75″ N
latitude and the intersection point with
the outward boundary of the EEZ. The
southern boundary of the northern zone
extends from the North Carolina and
South Carolina state border along a line
in a direction of 135°34′55″ from true
north beginning at 33°51′07.9″ N
latitude and 78°32′32.6″ W longitude to
the intersection point with the outward
boundary of the EEZ [50 CFR
622.369(b)(2)]. See figure 2 of appendix
G to part 622—Spanish Mackerel for an
illustration of the management zones.
The commercial annual catch limit
(ACL; equal to the commercial quota)
for the Atlantic migratory group of
Spanish mackerel (Atlantic Spanish
mackerel) is 3.33 million lb [50 CFR
622.384(c)(2)]. The commercial quota
for Atlantic Spanish mackerel in the
northern zone is 662,670 lb and is
2,667,330 lb in the southern zone for the
2025–2026 fishing year, which is March
1, 2025, through February 28, 2026 [50
CFR 622.384(c)(2)(i) and (ii)].
Regulations at 50 CFR
622.384(c)(2)(iii) allow for quota
transfers between the northern and
southern zones with the approval from
the Regional Administrator (RA) of the
NMFS Southeast Region. North Carolina
or Florida, in consultation with the
other states in the respective zones, may
request approval from the RA to transfer
part or all of a respective zone’s annual
commercial quota to the other zone. For
the purposes of quota closures as
described in 50 CFR 622.8, the receiving
zone’s quota will be the original quota
plus any transferred amount for that
fishing year only. Landings associated
with any transferred quota will be
included in the total landings for
Atlantic Spanish mackerel, which will
be evaluated relative to its total ACL.
NMFS approved and transferred
250,000 lb of Atlantic Spanish mackerel
commercial quota from the southern
zone to the northern zone in response to
a request from the State of Florida in
July 2025. Following the transfer, and
because NMFS projected that landings
of Atlantic Spanish mackerel from the
northern zone reached the revised
commercial quota, NMFS implemented
a commercial closure in the northern

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