[Federal Register Volume 89, Number 186 (Wednesday, September 25, 2024)]
[Notices]
[Pages 78428-78429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21926]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0266]


Commercial Driver's License: Oregon Department of Transportation; 
Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of final disposition; grant of application for 
exemption.

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SUMMARY: FMCSA announces its decision to grant a five-year exemption to 
the Oregon Department of Transportation (Oregon) from the commercial 
driver's license (CDL) rules concerning acceptable proof of citizenship 
or lawful permanent residency for citizens of Freely Associated States 
(FAS) who reside in Oregon and wish to obtain a CDL or commercial 
learner's permit (CLP). The FAS are the Federated States of Micronesia, 
the Republic of the Marshall Islands, and the Republic of Palau. The 
U.S. Department of Homeland Security (DHS) allows States to issue full-
term REAL ID licenses and ID cards to citizens of the FAS. The 
exemption allows Oregon to accept from citizens of the FAS a valid, 
unexpired passport issued by a FAS and an Arrival/Departure Record, 
meaning an I-94 or I-94A form, as proof of lawful entry into the United 
States, and issue standard CLPs and CDLs, rather than non-domiciled 
CLPs and CDLs, to these individuals. FMCSA concludes that granting the 
exemption, subject to the terms and conditions set forth below, is 
likely to achieve a level of safety equivalent to or greater than the 
level of safety that would be obtained absent the exemption.

DATES: The exemption is effective September 25, 2024 and expires 
September 25, 2029.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA; 1200 New Jersey Avenue SE, Washington, DC 
20590-0001; (202) 366-4225; [email protected]. If you have 
questions on viewing or submitting material to the docket, contact 
Dockets Operations at (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, go to www.regulations.gov, insert the docket 
number ``FMCSA-2023-0266'' in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, click ``Browse Comments.''
    To view documents mentioned in this notice as being available in 
the docket, go to www.regulations.gov, insert the docket number 
``FMCSA-2023-0266'' in the keyword box, click ``Search,'' and chose the 
document to review.
    If you do not have access to the internet, you may view the docket 
online by visiting Dockets Operations on the ground floor of the DOT 
West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 
9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. 
To be sure someone is there to help you, please call (202) 366-9317 or 
(202) 366-9826 before visiting Dockets Operations.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from Federal Motor Carrier Safety Regulations (FMCSRs). 
FMCSA must publish a notice of each exemption request in the Federal 
Register (49 CFR 381.315(a)). The Agency must provide the public an 
opportunity to inspect the information relevant to the application, 
including the applicant's safety analyses, and provide an opportunity 
for public comment.
    The Agency reviews safety analyses and public comments submitted 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305(a)). The Agency must 
publish its decision in the Federal Register (49 CFR 381.315(b)). If 
granted, the notice will identify the regulatory provision(s) from 
which the applicant will be exempt, the effective period, and all terms 
and conditions of the exemption (49 CFR 381.315(c)(1)). If the 
exemption is denied, the notice will explain the reasons for the denial 
(49 CFR 381.315(c)(2)). The exemption may be renewed (49 CFR 
381.300(b)).

III. Background

Current Regulation(s) Requirements

    Under 49 CFR 383.71(a) and (b), a State Driver Licensing Agency 
(SDLA) may issue a CDL or CLP only to an applicant who presents proof 
of United States citizenship or lawful permanent residency, as listed 
in Table 1 to Sec.  383.71, List of Acceptable Proofs of Citizenship or 
Lawful Permanent Residency. If the applicant cannot present this proof, 
then the SDLA may issue the applicant a non-domiciled CDL or CLP 
instead, under 49 CFR 383.71(f). Thus, under 49 CFR 383.71, a citizen 
of a FAS, who is not a lawful permanent resident, is not eligible for a 
CDL or CLP and may be issued only non-domiciled credentials.
    The relationships of the United States with the FAS are governed by 
agreements known as Compacts of Free Association. Under these 
agreements, citizens of the FAS may enter the United States as 
nonimmigrants, and, without obtaining a visa, they may remain in and 
work in the country indefinitely.\1\
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    \1\ See H. Rept. 115-945.
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    Under the ``REAL ID Act of 2005'' \2\ and its accompanying 
regulation promulgated by the Department of Homeland Security (DHS) at 
6 CFR part 37,\3\ REAL ID compliant States are permitted to issue REAL 
ID compliant driver's licenses and identification cards to certain 
individuals with nonimmigrant status. However, under 6 CFR 37.21(b)(1), 
if the individual has no end date to their authorized stay in the 
country, then the license or ID that is issued may be valid for a 
maximum of one year. Under this law, as originally enacted, because 
citizens of the FAS may remain in the country indefinitely these 
individuals could be issued REAL ID driver's licenses and ID cards 
lasting only one year.\4\
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    \2\ Public Law 109-13, Div. B., 119 Stat. 302, May 11, 2005.
    \3\ See 73 FR 5272 (January 29, 2008).
    \4\ See 84 FR 46423 (September 4, 2019).
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    Subsequently, however, Congress enacted a modifying statute 
entitled the ``REAL ID Act Modification for Freely

[[Page 78429]]

Associated States Act,'' \5\ and DHS issued a corresponding amendment 
to its regulation. These changes permitted REAL ID compliant States to 
issue full-term REAL ID licenses and ID cards to citizens of the FAS. 
When issuing this regulatory amendment, DHS also modified the 
identification documents that citizens of the FAS may present when 
applying for a REAL ID driver's license or ID card from a compliant 
State.\6\ Under its authority in 6 CFR 37.11(c)(1)(x), DHS permits 
complying States to accept ``a valid unexpired passport issued by the 
Republic of the Marshall Islands, the Republic of Palau, or the 
Federated States of Micronesia with an approved Form I-94 . . . 
documenting the applicant's most recent admission to the United States 
under the Compact of Free Association between the United States and the 
nation that issued the passport.'' DHS believes its allowance of these 
documents is ``consistent with the intent of Congress.'' \7\
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    \5\ Public Law 115-323, 132 Stat. 4443, Dec. 17, 2018.
    \6\ See 84 FR 46556 (September 4, 2019).
    \7\ Id.
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Applicant's Request

    Oregon's application for exemption was described in detail in a 
Federal Register notice on June 11, 2024, (89 FR 49265) and will not be 
repeated here as the facts have not changed.

IV. Public Comments

    In response to the notice of Oregon's application, there were five 
comments submitted to the docket. Four individuals commented in 
opposition to the exemption, and the Hawaii Department of 
Transportation (HDOT) commented in support of the exemption.
    Curt Smith, an individual opposing the exemption, said: ``The 
exemption take[s] away from US citizens who want a CDL. [I]f the 
applicants are not US citizens, they should not get the same CDL as the 
driver that is a US citizen. A Nondomiciled CDL is just fine for 
someone that is not permanently domiciled in the continental United 
States.'' The other comments in opposition expressed similar views.
    HDOT submitted comments in support of the exemption and wrote, 
``HDOT agrees with Oregon and suggests that a valid, unexpired passport 
issued to a citizen of FAS, accompanied by an I-94 . . . form, is 
sufficient to prove that an individual has entered the United States 
lawfully.''

V. FMCSA Safety Analysis and Decision

    FMCSA has evaluated Oregon's application for exemption and the 
public comments and based on its analysis, decided to grant an 
exemption to Oregon from 49 CFR 383.71 for citizens of the FAS. The 
Agency believes that granting an exemption allowing Oregon to issue 
CDLs or CLPs to citizens of the FAS in accordance with all other State 
procedures in 49 CFR 383.73(a) and (b) will achieve a level of safety 
that is equivalent to, or greater than, the level of safety that would 
be achieved without the exemption (49 CFR 381.305(a)). The exemption 
allows Oregon to accept a valid, unexpired passport issued by a FAS and 
an Arrival/Departure Record, meaning an I-94 or I-94A form, to prove 
that the individual has entered the United States lawfully, and issue 
standard CLPs and CDLs to these individuals.
    In making this determination, FMCSA notes that DHS allows States to 
issue full-term REAL ID licenses and ID cards to citizens of FAS. DHS 
provides requirements for citizens of FAS to present proof of lawful 
permanent residency such that these individuals may receive REAL ID 
credentials, and the exemption pertains only to proof of lawful 
permanent residency.

VI. Exemption Decision

A. Applicability of Exemption

    FMCSA grants an exemption from the CDL ``List of Acceptable Proofs 
of Citizenship or Lawful Permanent Residency'' requirements in Table 1 
to 49 CFR 383.71 for citizens of the FAS residing in Oregon for a 
period of five years subject to the terms and conditions of this 
decision. Oregon may issue CLPs and CDLs under this exemption in 
accordance with State procedures in 49 CFR 383.73(a) and (b) only to a 
citizen of a FAS who presents a valid, unexpired passport issued by a 
FAS and an Arrival/Departure Record, meaning an I-94 or I-94A form, to 
prove that the individual has entered the United States lawfully.

B. Terms and Conditions

    Oregon must comply with all other applicable Federal Motor Carrier 
Safety Regulations (49 CFR part 350-399).

C. Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate commerce that 
conflicts with or is inconsistent with this exemption with respect to a 
firm or person operating under the exemption.

D. Notification to FMCSA

    Oregon must provide to FMCSA, upon request, a list of all drivers 
issued CLPs or CDLs under this exemption.

E. Termination

    FMCSA does not believe that Oregon will experience any 
deterioration of its safety record. The Agency will, however, rescind 
the exemption if: (1) Oregon fails to comply with the terms and 
conditions of the exemption; (2) the exemption results in a lower level 
of safety than was maintained before it was granted; or (3) 
continuation of the exemption would not be consistent with the goals 
and objective of 49 U.S.C. 31136(e) and 31315(b).

Vincent G. White,
Deputy Administrator.
[FR Doc. 2024-21926 Filed 9-24-24; 8:45 am]
BILLING CODE 4910-EX-P