The federal government’s most aggressive commercial licensing enforcement action in years sits in legal limbo after a federal appeals court determined FMCSA likely violated multiple legal requirements when it attempted to strip approximately 200,000 drivers of their commercial privileges.

The U.S. Court of Appeals for the District of Columbia Circuit delivered two decisive blows to DoT’s emergency rulemaking within days. On November 10, a three-judge panel issued an administrative stay blocking implementation of the interim final rule titled “Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses” (90 Fed. Reg. 46,509). The order in Rivera Lujan v. FMCSA (Case No. 25-1215, consolidated with 25-1224) was not unanimous, Circuit Judge Karen LeCraft Henderson dissented, signaling early disagreement about whether the stay was warranted.

Three days later, on November 13, the court upgraded that procedural pause to a full emergency stay pending judicial review, with the majority finding petitioners “likely to succeed” on multiple claims that FMCSA violated federal law, acted arbitrarily, and failed to justify bypassing standard rulemaking procedures.

The controversy centers partly on how FMCSA implemented the rule, not just what the rule requires. Under the Administrative Procedure Act, federal agencies must follow specific procedures when creating regulations that affect the public. This typically means:

Notice of Proposed Rulemaking (NPRM): The agency publishes proposed rules in the Federal Register, explaining the problem, proposed solution, legal authority, and regulatory impact analysis.

Public Comment Period: The agency must allow at least 30-60 days (often longer for complex rules) for public input. Industry stakeholders, affected individuals, state agencies, safety advocates, and any interested party can submit comments raising concerns, providing data, or suggesting modifications.

Agency Response: FMCSA must review and consider all substantive comments, addressing major concerns in the final rule’s preamble. This often results in modifications based on industry feedback or additional data.

Final Rule Publication: After considering comments, the agency publishes the final rule with an effective date (typically 30+ days out), giving affected parties time to prepare for compliance.

State Consultation: For CDL-related rules, federal law specifically requires FMCSA to consult with states before establishing standards, a recognition that states actually administer licensing programs and implementation requires coordination.

This process typically takes 6-18 months, sometimes longer for controversial or complex regulations. The deliberate pace serves important purposes: it prevents hasty decisions, surfaces unintended consequences, incorporates stakeholder expertise, and ensures affected parties can prepare for changes.