EMA Regulatory Alert: FMCSA Final Rule Tightens Eligibility for Non-Domiciled CDL
Fuel distributors that rely on commercial motor vehicle drivers should be aware that the Federal Motor Carrier Safety Administration (FMCSA) finalized a rule that significantly revises standards governing non-domiciled Commercial Driver’s Licenses (CDLs). The rule—titled Restoring Integrity to the Issuance of Non-Domiciled CDLs—took effect March 16, 2026, and aims to ensure that only properly vetted drivers are eligible to obtain these credentials.
Fuel distribution operations relying on commercial drivers in cargo tank vehicles should understand how the rule may affect the driver labor pool, CDL verification practices, and compliance expectations for fleets.
What Is a Non-Domiciled CDL?
A non-domiciled CDL is issued to individuals who are not domiciled in a U.S. state but are authorized to operate commercial motor vehicles in the United States. Historically, these credentials allowed certain foreign-domiciled drivers to obtain a U.S. CDL if they met federal safety and documentation requirements.
However, federal regulators identified widespread inconsistencies among states in verifying eligibility and immigration status. The new rule revises requirements under 49 CFR Parts 383 and 384 to ensure stronger identity and immigration verification.
Key Eligibility Changes
Under the new framework, only individuals in specific lawful immigration categories may obtain a non-domiciled CDL or Commercial Learner’s Permit (CLP).
Eligible applicants must provide evidence of lawful immigration status and be present in the United States under one of the following visa categories:
H-2A – Temporary Agricultural Workers
H-2B – Temporary Non-Agricultural Workers
E-2 – Treaty Investors
Individuals in other immigration categories are not eligible for non-domiciled CDLs, even if otherwise authorized to work in the country such as DACA holders or EAD asylum seekers.
Additionally:
Applicants must present documentation specified in 49 CFR § 383.5.
A Form I-797C (Notice of Action) cannot be used as proof of lawful immigration status.
States are generally required to verify immigration status through the federal SAVE verification system administered by U.S. Citizenship and Immigration Services.
One-Year Maximum License Validity
The rule also limits the maximum validity period of a non-domiciled CDL. Under 49 CFR § 383.73, a state must ensure that the CDL’s validity does not exceed the expiration date on the applicant’s I-94 admission document or one year—whichever is sooner. If the immigration record indicates “duration of status” or no end date, the CDL still cannot exceed one year.
This means non-domiciled CDLs will typically require more frequent renewal and verification.
Mandatory Verification and Downgrades
State Driver Licensing Agencies (SDLAs) must now verify lawful immigration status for multiple CDL transactions, including:
Initial issuance
Renewal or transfer
Reinstatement after suspension
Upgrades or duplicate licenses
If a state receives information that a driver no longer has lawful immigration status, the state must downgrade the CDL within 30 days. The rule also requires states to query the federal SAVE system and retain proof of verification as part of the driver’s record.
State Audits and Potential Revocations
FMCSA strongly encourages states to audit previously issued non-domiciled CDLs to determine whether they were issued in compliance with federal standards.
If licenses were issued with validity periods that exceeded the driver’s authorized stay—or otherwise failed to meet federal requirements—states are encouraged to revoke the credentials and require the driver to reapply under the new rules.
Operational Considerations for Fuel Distributors
While the rule primarily governs licensing authorities, it may have practical implications for fuel distributors and motor carriers, including:
Potential changes in the available driver pool for certain fleets, tentatively affecting price structures
Increased scrutiny of CDL documentation during hiring and compliance checks
Possible license downgrades or renewals affecting driver availability
While litigation is expected to continue regarding DOT/FMCSA's authority, companies should assess potential revocation exposure and heightened renewal requirements. EMA marketers should ensure that drivers operating cargo tank vehicles maintain valid CDLs consistent with federal licensing requirements and monitor developments as states implement the updated standards. Click here for more information.
EMA Regulatory Alert: Trump Administration Issues Temporary Jones Act Waiver to Stabilize Fuel Markets
On Wednesday, President Trump announced a temporary 60-day waiver of
the Merchant Marine Act of 1920 (Jones Act), allowing non-U.S. flagged
vessels to transport certain goods between U.S. ports. The waiver is
intended to facilitate the movement of critical energy commodities and
related materials—including crude oil, gasoline, diesel fuel,
distillates, gasoline blendstocks, liquified natural gas, and fertilizer
inputs—during a period of heightened volatility in global energy
markets.
For fuel marketers and distributors, the waiver could provide short-term
logistical flexibility by expanding the pool of vessels available to
move petroleum products domestically, particularly along key supply
corridors such as the U.S. Gulf Coast to East Coast routes. The
Administration indicated the measure is designed to help ensure adequate
supply to U.S. military installations and airfields, while also
supporting the broader distribution of energy products across domestic
markets.
The announcement comes alongside a coordinated international effort
to increase global oil supply. According to the Administration, member
countries of the International Energy Agency have agreed to release 400
million barrels of crude oil and refined products from strategic
reserves. As part of this effort, the United States will release 172
million barrels of crude oil from the Strategic Petroleum Reserve, with
deliveries expected to begin next week and continue over approximately
four months.
These actions are intended to ease upward pressure on fuel prices and
maintain stability in petroleum supply chains, particularly as
geopolitical developments continue to affect global energy flows.
Additional steps announced by the Administration focus on protecting international shipping routes critical to fuel trade. The Administration has directed the U.S. International Development Finance Corporation to implement a $20 billion maritime reinsurance initiative aimed at supporting tanker traffic through the Strait of Hormuz. The program is intended to restore confidence among shipping operators and ensure continued movement of liquid energy commodities from the Persian Gulf.
The Administration indicated that additional implementation details related to the Jones Act waiver will be issued soon by U.S. Customs and Border Protection. EMA will continue to monitor these developments and provide updates as further guidance becomes available.
EMA’s annual Washington Conference and Day on the Hill will be held
in Washington, DC from May 13-15 at The
Mayflower Hotel. Our industry continues to have many important
legislative and regulatory issues to discuss and the Day on the Hill
remains the primary focus of this conference for you to meet with your
members of Congress and network with other marketers from across the
country!
Hotel reservations will close April 30 at 6:00 pm Eastern or when
the room block is sold out. Tuesday night (5 available), Wednesday night
(25 available), and Thursday night (Sold out). If we sell out,
please refer to Additional Hotel Information #3.
Registrations must be received by April 30 to be included in our hotel guarantee.
| Click here to Register and Book your Hotel Room for EMA’s DC Conference and Day on the Hill |
More Items for EMA PAC Silent Auction!
EMA Small Business Committee (SBC) PAC Co-Chairs Mike Downs and Tim Keigher would like to thank Mike O’Connor and the Virginia Petroleum & Convenience Marketers Association (VPCMA) for donating 2 bottles of award-winning wine from Virginia’s Trump Vineyards and Jack West and Federated Insurance for donating a TravisMathew Duffle 2.0 Bag and a Bushnell Wingman 2 Golf GPS Speaker.
Trump Winery’s dedication to crafting exceptional wines has earned them numerous national and international accolades. Located along Virginia’s historic Monticello Wine Trail, the 1,300-acre estate is home to the largest vinifera vineyard on the East Coast. With award-winning sparkling, white, and red wines, each bottle reflects a commitment to quality and the unique terroir of central Virginia. Planted across 227 acres of French vinifera varieties, Trump Winery produces wines that have earned numerous national and international medals and best-in-class accolades. Each bottle captures the essence of meticulously tended vineyards, offering a distinguished experience that celebrates the art of winemaking. The winning bidder will receive 1 Magnum bottle of 2021 New World Reserve and one bottle of Chardonnay Reserve.
The TravisMathew Duffle 2.0 overnight bag includes hidden mesh pockets for organization, a fold-up shoe compartment, and a reinforced base. The ideal bag for your weekend getaways, your pre-work gym sessions, or your post-work golf round. Travel in style with TravisMathew Duffle 2.0!
The Bushnell Wingman 2 is a second-generation Bluetooth golf speaker that combines premium audio with audible GPS yardages. Released in early 2024, it improves upon the original model with stronger magnets, a new battery indicator, and modernized charging.
The auction will take place in conjunction with EMA’s Washington Conference May 13-15. Bidding and raffle purchase will begin April 13 and will close May 15 at 9:00 am. The auction items will be displayed at the Welcome Reception on May 14. Last year, there was tremendous support in contributions for the auction and EMA SBC PAC Co-Chairs Mike Downs and Tim Keigher urge your participation this year as well!
If you have items that you would like to contribute for the Silent Auction, please click here or contact Sabrina Pitcher at 703-351-8000.
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Federated Insurance: Risk Management Corner
Strengthen Your Workplace by Reviewing the OSHA Top
10
The Occupational Safety and Health Administration’s (OSHA) Top 10 Most Frequently Cited Standards serve to keep employers aware of common risks across all industries. This annual list highlights the most frequently cited violations that inspectors find in workplaces across the nation. It accounts for hazards that can lead to preventable injuries, illnesses, and deaths.1
OSHA Top 10 Most Frequently Cited Standards
By reviewing these frequently cited standards, organizations can identify and address gaps. This can help prevent injuries, illnesses, or costly violations. For the most recent fiscal year, the top 10 OSHA hazards are1:
Fall protection (general requirements)
Ladders
Lockout/Tagout - Control of Hazardous Energy
Respiratory Protection
Fall Protection Training Requirements
Scaffolding
Powered Industrial Trucks (Forklifts)
Machine Guarding
Take Action
Each year, state and federal OSHA agencies conduct tens of thousands of inspections, assessing hundreds of millions of dollars in fines. Simply knowing the Top 10 list is not enough. Compare the current OSHA Top 10 list against your own operations and ask how you are addressing these topics. Consider implementing the following action items to help strengthen your safety culture:
Conduct regular workplace assessments and audits to note high-risk areas and practices.
Implement training and education for employees.
Create a culture of safety and encourage open communication.
Document and review risk management policies. Track safety training, inspections, incidents, and policy updates to align with OSHA standards.
Addressing the OSHA Top 10 is not just about compliance. Fostering a strong safety culture can help protect your most valuable assets. Connect with a Federated Insurance® marketing representative to learn more and to access helpful OSHA Top 10 risk management resources or contact your Federated regional representative or EMA’s National Account Executive Jack West at 262.719.7750 for any additional information or risk management questions. Federated is a Partner in EMA’s Board of Directors Council.
At Federated Insurance, It’s Our Business to Protect Yours®
This article is for general information and risk prevention only and should not be considered legal or other expert advice. The recommendations herein may help reduce, but are not guaranteed to eliminate, any or all risk of loss. Examples shown are for illustrative purposes only. The information herein may be subject to, and is not a substitute for, any laws or regulations that may apply. Qualified counsel should be sought with questions specific to your circumstances. ©2023 Federated Mutual Insurance Company.
EMA Member Services Spotlight Featuring: Member Benefits
Available Through NPP
(National Purchasing Partners)
Members of the Energy
Marketers of America can access business, employee, and personal
discounts through National Purchasing Partners (NPP). NPP is a member
benefit provider of EMA and helps members reduce costs with exclusive
pricing.
Members can save on many useful brands, including Airgas, Batteries
Plus+, Cintas, Hertz, ODP Solutions, Sherwin Williams, Staples,
Unifirst, and, if eligible, Verizon Wireless.
Sign up here.
Once you sign up with NPP, you will receive a verification email. When
your account is verified, just log in and explore the catalog of
offers.
NPP membership is free and there is no obligation to buy. If you need
help registering, please contact or call
800.810.3909.
Restrictions may apply.