Notice2024-20613
Commercial Driver's License: The Hawaii Department of Transportation (HDOT); Application for Exemption
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 11, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces that the Hawaii Department of Transportation (HDOT) has applied for a limited exemption 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 now reside in Hawaii and wish to obtain a CDL. The FAS are the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. If the exemption is granted, HDOT would be allowed to issue standard commercial learner permits (CLPs) and CDLs to FAS citizens, rather than issuing non-domiciled CLPs and CDLs. FMCSA requests public comment on the applicant's request and on the question of whether FMCSA should grant the exemption to all State Driver's Licensing Agencies (SDLAs).
Full Text
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<title>Federal Register, Volume 89 Issue 176 (Wednesday, September 11, 2024)</title>
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[Federal Register Volume 89, Number 176 (Wednesday, September 11, 2024)]
[Notices]
[Pages 73744-73745]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20613]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0221]
Commercial Driver's License: The Hawaii Department of
Transportation (HDOT); Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA announces that the Hawaii Department of Transportation
(HDOT) has applied for a limited exemption 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 now reside in Hawaii and wish to obtain a CDL. The FAS are
the Federated States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau. If the exemption is granted, HDOT
would be allowed to issue standard commercial learner permits (CLPs)
and CDLs to FAS citizens, rather than issuing non-domiciled CLPs and
CDLs. FMCSA requests public comment on the applicant's request and on
the question of whether FMCSA should grant the exemption to all State
Driver's Licensing Agencies (SDLAs).
DATES: Comments must be received on or before October 11, 2024.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2024-0221 by any of the following
methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. See the
Public Participation and Request for Comments section below for further
information.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: West Building, Ground Floor,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
<bullet> Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2024-0221) for this notice. Note that DOT posts all comments
received without change to <a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Docket: If you do not have access to the internet, you may view the
docket by visiting Docket 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.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption process. DOT
posts these comments, including any personal information the commenter
provides, to <a href="http://www.regulations.gov">www.regulations.gov</a> as described in the system of records
notice DOT/ALL-14 FDMS, which can be reviewed at <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>. The comments are posted without edit
and are searchable by the name of the submitter.
FOR FURTHER INFORMATION CONTACT: Ms. Bernadette Walker, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA; 1200 New Jersey Avenue SE, Washington, DC
20590-0001; (202) 385-2415; <a href="/cdn-cgi/l/email-protection#347651465a5550514040511a4355585f514674505b401a535b42"><span class="__cf_email__" data-cfemail="e5a780978b848180919180cb9284898e8097a5818a91cb828a93">[email protected]</span></a>. If you have
questions on viewing or submitting material to the docket, contact
Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2024-0221), indicate the specific section of this
document to which the comment applies, and provide a reason for your
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to <a href="http://www.regulations.gov">www.regulations.gov</a> and put
the docket number ``FMCSA-2024-0221'' in the ``Keyword'' box, and click
``Search.'' When the new screen appears, click on the ``Comment''
button and type your comment into the text box in the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit. If you submit your comments by
mail or hand delivery, submit them in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you
submit comments by mail and would like to know that they reached the
facility, please enclose a stamped, self-addressed postcard or
envelope. FMCSA will consider all comments and material received during
the comment period.
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the notice contain commercial or
financial information that is customarily treated as private, that you
actually treat as private, and that is relevant or responsive to the
notice, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission that
constitutes CBI as ``PROPIN'' to indicate it contains proprietary
information. FMCSA will treat such marked submissions as confidential
under the Freedom of Information Act, and they will not be placed in
the public docket of the notice. Submissions containing CBI
[[Page 73745]]
should be sent to Brian Dahlin, Chief, Regulatory Evaluation Division,
Office of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC
20590-0001 or via email at <a href="/cdn-cgi/l/email-protection#4d2f3f242c23632a63292c252124230d292239632a223b"><span class="__cf_email__" data-cfemail="5f3d2d363e317138713b3e373336311f3b302b71383029">[email protected]</span></a>. At this time, you
need not send a duplicate hardcopy of your electronic CBI submissions
to FMCSA headquarters. Any comments FMCSA receives not specifically
designated as CBI will be placed in the public docket for this notice.
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.
The Agency must provide an opportunity for public comment on the
request. 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)).
III. Background
Under 49 CFR 383.71(b), an SDLA may issue a CDL or CLP only to an
applicant who presents proof of United States citizenship or lawful
permanent residency. If the applicant cannot present this proof, then
the SDLA may issue the applicant a non-domiciled CDL or CPL instead,
under 49 CFR 383.71(f). Thus, under 49 CFR 383.71, a citizen of an 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 United States' relationships with the FAS are governed by
agreements known as Compacts of Free Association (COFA). 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 individuals have no end date to their authorized stay in the
country, then the license or ID that is issued is valid for a maximum
of one year. Because citizens of the FAS may remain in the country
indefinitely, these individuals at first 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, Congress enacted a modifying statute entitled the
``REAL ID Act Modification for Freely Associated States Act,'' \5\ and
DHS issued a corresponding amendment to its regulation. These changes
permitted 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 stated that complying States may 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 further stated
that its allowance of these documents was ``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
HDOT seeks 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. HDOT cited in its application
the REAL ID Act Modification for Freely Associated States Act, and the
amended DHS regulations ensuring that citizens of the FAS residing in
the United States are eligible for full-term REAL ID licenses and
identification cards.
According to HDOT, ``citizens of the Freely Associated States are
able to meet the domicile requirement described in [49 CFR]
383.71(b)(10)'' and noted that ``the [COFAs] provide for citizens of
the Freely Associated States to reside and work indefinitely within the
United States.''
HDOT requests that FMCSA grant the proposed exemption and authorize
it to issue CDLs and CLPs to citizens of the FAS in accordance with
State procedures in 49 CFR 383.73(a) and (b). Ordinarily, a person who
is not a United States citizen must present a valid, unexpired
Permanent Resident Card. For a person who is a citizen of an FAS, HDOT
would instead accept a valid, unexpired passport issued by an 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.
FMCSA also requests public comment on whether the exemption, if
granted, should apply to all SDLAs.
A copy of the HDOT's application for exemption is available for
review in the docket for this notice.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on HDOT's application for an
exemption from the requirement in Table 1 to 49 CFR 383.71 for citizens
of the FAS. FMCSA also requests public comment and on the question of
whether, if granted, the exemption should apply to all SDLAs, and not
just HDOT. All comments received before the close of business on the
comment closing date indicated at the beginning of this notice will be
considered and will be available for examination in the docket at the
location listed under the Addresses section of this notice. Comments
received after the comment closing date will be filed in the public
docket and will be considered to the extent practicable. In addition to
late comments, FMCSA will also continue to file, in the public docket,
relevant information that becomes available after the comment closing
date. Interested persons should continue to examine the public docket
for new material.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024-20613 Filed 9-10-24; 8:45 am]
BILLING CODE 4910-EX-P
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