WASHINGTON — The Federal Motor Carrier Safety Administration is formally moving to extend a controversial information collection mandate for three years even as the underlying rule remains frozen by a federal court.
In a notice published on Thursday, the agency directly addressed a wave of petitions that have challenged the new licensing restrictions – which were part of FMCSA’s interim final rule (IFR) issued in September cracking down on non-domiciled CDL and commercial learner’s permit (CLP) holders – as an overreach of federal authority.
The heart of the new notice focuses on a joint submission from Massachusetts, California, and 17 other jurisdictions that argued the FMCSA’s data collection is neither necessary nor legally sound.
These states contend the agency lacks statutory authority over immigration and point to the FMCSA’s own admission that no empirical evidence links a driver’s nation of domicile to safety outcomes. State officials also alleged that the requirement for State Driver’s Licensing Agencies to retain and produce sensitive immigration documents duplicates Department of Homeland Security responsibilities.
FMCSA balanced this pushback by citing support from the Small Business in Transportation Coalition (SBTC), which represents owner-operators and small trucking companies.
SBTC told the agency that the proposed information collection is necessary, and that the group did not contest the accuracy of the agency’s estimated administrative burden, FMCSA stated. FMCSA also noted that the coalition “can offer no information on ways the burden could be minimized without reducing the quality of the collected information.”
FMCSA remains unmoved in its non-domiciled CDL crackdown despite state concerns, however, asserting that its authority over the CDL issuance process is “extensive.”
The agency argued that recent Annual Program Reviews revealed a “lack of available information” at the state level regarding non-domiciled licenses, making it impossible for federal officials to verify if credentials were being issued properly.
The agency also dismissed claims of duplication, noting that commenters failed to cite any existing approved collection that requires states to retain these specific documents for federal audit.
“If states do not retain this documentation, FMCSA is severely hindered in its efforts to ensure compliance with the regulatory requirements because states are unable to accurately determine the number of nondomiciled CLPs and CDLs they have issued, or to prove to FMCSA officials that such CLPs and CDLs were properly issued,” the agency warned.
The latest move by FMCSA is part of a broader push to solidify the September IFR, which significantly limited who can hold a non-domiciled CDL, and restoring what the agency calls the “integrity” of the issuance process.
The IFR is currently under a stay issued by the U.S. Court of Appeals for the District of Columbia Circuit in a challenge brought by a long-time CDL holder. Despite this legal “pause,” FMCSA stated it is seeking the full three-year approval for its data collection to ensure it can begin enforcement the moment the stay is lifted or a final rule is issued.
The agency is inviting public comment on whether the data collection is necessary. Comments are due by March 2.
