Non-Domiciled Commercial Driver’s License Records

Forms and Documents

Document Name	Status

No forms / supporting documents in this ICR. Check IC Document Collections.

IC Document Collections

IC ID	Document Title	Status
277745	Application for a new non-domiciled CLP or CDL, or a renewal of a non-domiciled CLP or CDL	New

ICR Details

OMB Control No:	ICR Reference No: 202509-2126-004
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOT/FMCSA	Agency Tracking No:
Title: Non-Domiciled Commercial Driver’s License Records
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 09/25/2025
Date Submitted to OIRA: 09/25/2025

	Requested	Previously Approved
Expiration Date	6 Months From Approved
Responses	6,000	0
Time Burden (Hours)	1,500	0
Cost Burden (Dollars)	0	0

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Abstract: FMCSA’s primary mission is to ensure the safety of the Nation’s roadways. Having recently become aware of the confusion in some States about the standards for issuing non-domiciled CDLs, as well as the recent incidences of crashes involving non-domiciled drivers, FMCSA must act expeditiously to ensure that States do not continue to license such drivers and begin taking steps to properly vet the existing holders of non-domiciled CDLs. These actions are expected to significantly improve the safety of commercial drivers in the United States. FMCSA cannot reasonably comply with normal clearance procedures for this collection because revisions to the regulations are being issued as an interim final rule that will take effect upon publication. The interim final rule contains revisions to certain collection requirements, so FMCSA must obtain clearance for those requirements immediately. Pursuant to the Paperwork Reduction Act’s emergency processing requirements as described in 5 CFR 1320.13, FMCSA has determined that the collection is 1) needed prior to the expiration of the time periods under start PRA processing and 2) the collection is essential to the mission of the agency. Further, FMCSA has determined that the agency cannot comply with the normal clearance procedures because public harm is reasonably likely to result if the normal clearance procedures are followed (see 5 cfr 1320.13(a)(2)(i)). Additionally, FMCSA is unable to consult with interested agencies and members of the public in order to minimize the burden of the collection of information at this time due to the expeditious nature of the interim final rule to address the risk of public harm. As the recent, high-profile crashes caused by non-domiciled CDL drivers have shown, public harm is likely to result if normal clearance procedures are followed. These crashes resulted in the deaths of 12 people, with many more being injured. FMCSA was not previously aware of the extent of the dangers posed by non-domiciled drivers, nor was FMCSA aware until the recent annual audits of SDLAs that many were either not following the regulatory processes or that the existing regulations were insufficient to keep dangerous drivers off the Nation’s roadways. Use of normal clearance procedures is reasonably likely to prevent or disrupt the collection of information because SDLAs will now be required to retain all documents involved in the licensing process for non-domiciled CLP and CDL holders for a period of no less than 2 years from the date of issuance (which includes amending, correcting, reprinting, or otherwise duplicating a previously issued CLP or CDL), transferring, renewing, or upgrading a non-domiciled CLP or CDL. FMCSA cannot require this unless an approved collection is in place. It is imperative that FMCSA begin collecting this information as soon as the interim final rule is effective. FMCSA will continue to require SDLAs to collect the information on an ongoing basis until the end of the emergency approval period. In addition to the emergency clearance, FMCSA will also complete the normal OMB review process by including the 60-Day Federal Register Notice in the relevant Interim Final Rule, followed by publication of a 30-Day Federal Register Notice either as part of a Final Rule or in a separate Federal Register Notice.

Emergency Justfication: FMCSA’s primary mission is to ensure the safety of the Nation’s roadways. Having recently become aware of the confusion in some States about the standards for issuing non-domiciled CDLs, as well as the recent incidences of crashes involving non-domiciled drivers, FMCSA must act expeditiously to ensure that States do not continue to license such drivers and begin taking steps to properly vet the existing holders of non-domiciled CDLs. These actions are expected to significantly improve the safety of commercial drivers in the United States. FMCSA cannot reasonably comply with normal clearance procedures for this collection because revisions to the regulations are being issued as an interim final rule that will take effect upon publication. The interim final rule contains revisions to certain collection requirements, so FMCSA must obtain clearance for those requirements immediately. Pursuant to the Paperwork Reduction Act’s emergency processing requirements as described in 5 CFR 1320.13, FMCSA has determined that the collection is 1) needed prior to the expiration of the time periods under start PRA processing and 2) the collection is essential to the mission of the agency. Further, FMCSA has determined that the agency cannot comply with the normal clearance procedures because public harm is reasonably likely to result if the normal clearance procedures are followed (see 5 cfr 1320.13(a)(2)(i)). Additionally, FMCSA is unable to consult with interested agencies and members of the public in order to minimize the burden of the collection of information at this time due to the expeditious nature of the interim final rule to address the risk of public harm. As the recent, high-profile crashes caused by non-domiciled CDL drivers have shown, public harm is likely to result if normal clearance procedures are followed. These crashes resulted in the deaths of 12 people, with many more being injured. FMCSA was not previously aware of the extent of the dangers posed by non-domiciled drivers, nor was FMCSA aware until the recent annual audits of SDLAs that many were either not following the regulatory processes or that the existing regulations were insufficient to keep dangerous drivers off the Nation’s roadways. Use of normal clearance procedures is reasonably likely to prevent or disrupt the collection of information because SDLAs will now be required to retain all documents involved in the licensing process for non-domiciled CLP and CDL holders for a period of no less than 2 years from the date of issuance (which includes amending, correcting, reprinting, or otherwise duplicating a previously issued CLP or CDL), transferring, renewing, or upgrading a non-domiciled CLP or CDL. FMCSA cannot require this unless an approved collection is in place. It is imperative that FMCSA begin collecting this information as soon as the interim final rule is effective. FMCSA will continue to require SDLAs to collect the information on an ongoing basis until the end of the emergency approval period. In addition to the emergency clearance, FMCSA will also complete the normal OMB review process by including the 60-Day Federal Register Notice in the relevant Interim Final Rule, followed by publication of a 30-Day Federal Register Notice either as part of a Final Rule or in a separate Federal Register Notice.

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Authorizing Statute(s): US Code: 49 USC 31301 Name of Law: Commercial Motor Vehicle Safety Act of 1986
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2126-AC98	Final or interim final rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Application for a new non-domiciled CLP or CDL, or a renewal of a non-domiciled CLP or CDL

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	6,000	0	0	6,000	0	0
Annual Time Burden (Hours)	1,500	0	0	1,500	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new ICR.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/25/2025

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