The U.S. Court of Appeals for the District of Columbia issued an administrative stay pending further legal review of an interim final rule announced by U.S. Transportation Secretary Sean Duffy in September to limit the ability of non-domiciled workers to obtain commercial driver’s licenses.

The Nov. 10 ruling on a case filed by a DACA recipient and an asylum seeker, who were blocked from getting non-domiciled CDLs, allows states to continue issuing the licenses as well as commercial learner’s permits (CLPs). Duffy responded Friday by announcing an emergency action to “drastically restrict” the eligibility for non-domiciled CDLs and CLPs. The U.S. Department of Transportation also clarified states subject to a corrective action plan from the FMCSA must continue to adhere to the final rule.

A nationwide audit by FMCSA of these non-domiciled commercial drivers uncovered systemic non-compliance by several states, “the worst and most egregious” in California. FMCSA said 25 percent of non-domiciled CDLs in the state were improperly issued. The agency ordered California as well as Colorado, Pennsylvania, South Dakota, Texas and Washington to immediately pause the issuance of the non-domiciled CDLs, identify all non-domiciled CDLs that fail to comply with FMCSA regulations and revoke and reissue all noncompliant non-domiciled CDLs if they comply with the new federal regulations.

The Owner-Operator Independent Drivers Association is among the organizations supporting the FMCSA interim rule while the American Federation of Teachers and the American Federation of State, County and Municipal Employees are in favor of last week’s court stay.

Related: U.S.DOT Welcomes New Leadership Following Senate Confirmation, Barrs to FMCSA
Related: U.S. DOT Proposes Rule to Add Fentanyl to CDL Drug Testing Program
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In a partisan 51–47 vote, the U.S. Senate confirmed four top leadership appointments to the U.S. Department of Transportation, marking a significant step for the current administration’s transportation and infrastructure agenda.

U.S. Transportation Secretary Sean P. Duffy welcomed the Oct. 7 confirmations of Derek Barrs as administrator of the Federal Motor Carrier Safety Administration (FMCSA) alongside Michael Rutherford as the first assistant secretary for Multimodal Freight Infrastructure & Policy, Gregory Zerzan as general counsel, and David Fink as administrator of the Federal Railroad Administration (FRA). Duffy called them all “accomplished leaders” poised to advance safety, efficiency, and innovation across the nation’s transportation systems.

In a press release, Secretary Duffy stated his confidence in their ability to serve the American people and move the department’s goals forward. Among the group, Barrs has deep roots in commercial motor vehicle safety and law enforcement.

With more than two decades of experience, including leadership roles at the Florida Highway Patrol and the Florida Department of Transportation, Barrs has also been a visible figure in the industry, serving as an associate vice president at infrastructure design firm HTNB and holding senior leadership positions within the Commercial Vehicle Safety Alliance (CVSA).

CVSA publicly supported Barrs’ nomination, with Executive Director Collin Mooney saying Barrs has a unique blend of enforcement and industry experience and praising his leadership in modernizing safety practices and championing technological advancement. Barrs’ commitment to roadway safety is also reflected in his role on the American Trucking Associations’ Law Enforcement Advisory Board.

Following his confirmation, Barrs stated that his mission is to “strengthen safety, demand accountability and deliver results that make a real difference,” emphasizing his commitment to working collaboratively with law enforcement and industry stakeholders. As FMCSA administrator, he now leads a nationwide team of over 1,100 employees tasked with regulating and overseeing safety in the commercial motor vehicle sector.

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Related:Federal Legislation Reintroduced to Permanently Extend ‘Under-the-Hood’ Exemption

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Citing the frequency of overdose deaths nationwide and in the interest of transportation safety, the U.S. Department of Transportation said it seeks to add fentanyl and its metabolite norfentanyl to its drug-testing panels for CDL holders.

The proposal issued Sept. 2 seeks to amend certain provisions of 49 CFR Part 40 to “harmonize as appropriate” with the current U.S. Health and Human Services (HHS) mandatory guidelines for federal workplace drug testing programs using urine (UrMG) and oral fluid (OFMG) that went into effect July 7, following a final rule published in January. A majority of HHS-certified labs already can test for fentanyl and norfetanyl with “sufficiently sensitive detection limits,’ according to this month’s NPRM.

The NPRM cites HHS findings from the Drug Enforcement Agency’s National Forensic Laboratory Information System 2021 report that fentanyl, a schedule II synthetic opioid, was the fourth most frequently identified drug and accounted for 11.61 percent of all drugs reported by forensic laboratories. Norfentanyl is “an important component of identifying fentanyl users when urine is the specimen matrix,” the proposal adds, with fentanyl being detected in oral fluid in pain management patients, overdose cases and cases of driving under the influence of drugs.

The National School Transportation Association said it is reviewing all the provisions of the  NPRM but is likely to support adding fentanyl to the drug testing panel.

If published as a final rule, school districts and school bus companies administering or managing drug tests will need to update their policies.

“If a DOT drug/alcohol policy lists the drugs that are tested for, this will need to be added to the policy,” commented Tonic Lathrop, president of operations for Sinnett Consulting Services in Reno, Nevada. “When I write policy, I only list the main categories and not sub-categories so when substances get added to the testing panel, I don’t have to change all of my clients’ policies.”

This includes updating testing procedures and protocols, if a company or school district adds a biomarker or testing type information into their drug and alcohol policy, she explained.

Additionally, Lathrop said employers would need to provide their employees with notification and education about the changes and ensure employees are aware of the additional substance testing and possible update to the drug and alcohol testing policy.  Updated education material should also include fentanyl with substance awareness.

She also noted a positive test for fentanyl may have a legitimate medical explanation. A medical review officer, or MRO, may verify and report a negative test with safety concerns.

Public comments on Docket DOT-OST-2025-0049 are due by Oct. 17 online, by mail or in person.

Related: Update: Feds Withdraw Oral Fluid Collection for CDL Drug Tests Rule
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Related: Marijuana Use Dominates Positive Drug Testing Rates of Commercial Drivers

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