FMCSA Rule on Non-Domiciled CDL Sent for Review to OMB: What It Means for the Industry

At the end of January 2026, the U.S. Federal Motor Carrier Safety Administration (FMCSA) took an important step in the prolonged regulatory history surrounding non-domiciled commercial driver's licenses (Non-Domiciled CDL). The final version of the rule 'Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses' was officially submitted for review to the White House Office of Information and Regulatory Affairs (OIRA), part of the OMB.

According to data from the federal regulatory actions register, the document was submitted for review on January 30, 2026, under the procedure of Executive Order 12866 — this is the last major stage before potential publication and the rule coming into force. Source: OMB / RegInfo.

The rule directly affects:

• foreign drivers working in the U.S. with non-domiciled CDL;
• motor carriers using such drivers in their fleets;
• states that issue and renew these licenses.

Initially, FMCSA published an Interim Final Rule in the fall of 2025, stating it was necessary to 'restore the integrity of the issuance system for non-domiciled CDL.' The document was published on September 29, 2025, and was to take effect immediately. Source: FMCSA.

However, on November 13, 2025, the D.C. Circuit Court of Appeals suspended the rule pending litigation. The court issued an administrative stay, effectively freezing the implementation of the new requirements.

Court materials noted that the plaintiffs demonstrated a likelihood of success on the merits of the dispute, including procedural issues in the rule's adoption. The official FMCSA notice of the suspension is available here: FMCSA — Order Granting Administrative Stay.

Thus, throughout the end of 2025 and the beginning of 2026, states generally continued to operate under the old rules, except for jurisdictions under FMCSA corrective plans.

The submission of the final rule to the OMB signals that FMCSA is attempting to:

• address procedural vulnerabilities pointed out by the court;
• form a more robust administrative foundation;
• prepare a document capable of withstanding judicial scrutiny.

It's important to emphasize: review by the OMB does not mean automatic approval. At this stage, the text is analyzed in terms of economic impact, legal compliance, and consistency with federal government policy.

While the rule remains under review, no drastic changes occur. However, market participants should prepare:

Carriers should already assess the share of drivers with non-domiciled CDL in their fleets and understand which states issued these licenses. Drivers should closely monitor FMCSA updates and the regulatory status of the rule under RIN 2126-AC98.

The story with non-domiciled CDL is far from over. The submission of the final rule to the OMB is the most significant step FMCSA has taken since the court suspension in the fall of 2025. If the rule passes review and is published, the industry may face rapid and substantial changes. Until then, the key strategy is careful observation and preparation for multiple scenarios.