Notice2026-09622
Commercial Driver's License: State of Hawaii Department of Transportation; 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
May 14, 2026
Effective
May 14, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to grant in part and deny in part the exemption application from the Hawaii Department of Transportation (HDOT). FMCSA grants all State Driver's Licensing Agencies (SDLAs) a five-year exemption to issue a non-domiciled commercial driver's license (CDL) or non-domiciled commercial learner's permit (CLP) to citizens of Freely Associated States (FAS) who reside in the United States and who have a valid, unexpired passport issued by an FAS and a Form I-94 or I -94A. The FAS are the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. 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 achieved absent the exemption. FMCSA denies HDOT's request to issue standard, rather than non-domiciled, CLPs and CDLs to FAS citizens. This exemption decision supersedes the exemption previously granted to the Oregon Department of Transportation that allowed Oregon to issue standard, rather than non-domiciled, CLPs and CDLs to FAS citizens.
Full Text
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<title>Federal Register, Volume 91 Issue 93 (Thursday, May 14, 2026)</title>
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[Federal Register Volume 91, Number 93 (Thursday, May 14, 2026)]
[Notices]
[Pages 27481-27483]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09622]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0221; FMCSA-2023-0266]
Commercial Driver's License: State of Hawaii Department of
Transportation; Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; grant in part, and deny in part,
application for exemption.
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SUMMARY: FMCSA announces its decision to grant in part and deny in part
the exemption application from the Hawaii Department of Transportation
(HDOT). FMCSA grants all State Driver's Licensing Agencies (SDLAs) a
five-year exemption to issue a non-domiciled commercial driver's
license (CDL) or non-domiciled commercial learner's permit (CLP) to
citizens of Freely Associated States (FAS) who reside in the United
States and who have a valid, unexpired passport issued by an FAS and a
Form I-94 or I -94A. The FAS are the Federated States of Micronesia,
the Republic of the Marshall Islands, and the Republic of Palau. 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
achieved absent the exemption. FMCSA denies HDOT's request to issue
standard, rather than non-domiciled, CLPs and CDLs to FAS citizens.
This exemption decision supersedes the exemption previously granted to
the Oregon Department of Transportation that allowed Oregon to issue
standard, rather than non-domiciled, CLPs and CDLs to FAS citizens.
DATES: The exemption is effective May 14, 2026 and expires May 14,
2031.
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) 507-0363; <a href="/cdn-cgi/l/email-protection#492b2c3b27282d2c3d3d2c673e2825222c3b092d263d672e263f"><span class="__cf_email__" data-cfemail="335156415d5257564747561d44525f58564173575c471d545c45">[email protected]</span></a>. If you have
questions on viewing or submitting material to the docket, contact
Dockets Operations at (202) 366-9317 or (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to <a href="https://www.regulations.gov/docket/FMCSA-2024-0221/document">https://www.regulations.gov/docket/FMCSA-2024-0221/document</a> or
<a href="https://www.regulations.gov/docket/FMCSA-2023-0266/document">https://www.regulations.gov/docket/FMCSA-2023-0266/document</a> and choose
the document to review. To view comments, click the applicable notice,
then click ``Document Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
in room W58-213 of the DOT West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., 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 the 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 analysis. The
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Agency must provide an opportunity for public comment on the request.
The Agency reviews the application, 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 without the exemption, pursuant to the
standard set forth in 49 U.S.C. 31315(b)(1). The Agency must publish
its decision in the Federal Register (49 CFR 381.315(b)). If granted,
the notice will identify the person or class of persons granted the
exemption, the regulatory provision(s) from which the person or class
of persons is 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 reason for the denial (49 CFR
381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).
III. Background
The United States Relationship with FAS Nations
The United States governs its relationships with FAS nations by
agreements known as Compacts of Free Association (Compacts).\1\ The
Compacts grant unique status to FAS citizens based in part on the role
of the FAS in supporting the United States security presence in the
Pacific Islands region.\2\ Under the Compacts, the United States may
establish military facilities in the FAS and FAS citizens have the
right to work and reside in the United States as lawful nonimmigrants
without obtaining a visa.\3\ FAS citizens are also eligible to join the
United States military. FMCSA's Non-Domiciled CDL final rule considered
comments that requested that FAS citizens be admitted to the eligible
categories allowed to receive a non-domiciled CDL (91 FR at 7055).
FMCSA responded to those comments by explaining that FMCSA would
continue to address the status of FAS citizens through FMCSA's
exemption process (Id. at 7056).
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\1\ Public Law 99-239, 99 Stat. 1770, Jan. 14, 1986 (Compact of
Free Association (COFA) with the Federated States of Micronesia and
the Republic of the Marshall Islands); Public Law 99-658, 100 Stat.
3672, Nov. 14, 1986 (Compact of Free Association with the Republic
of Palau); Public Law 108-188, 117 Stat. 2720, Dec. 17, 2003 (COFA
Amendments Act of 2003).
\2\ See Congressional Research Service, ``The Freely Associated
States and Issues for Congress,'' Dec. 10, 2004, available at The
Freely Associated States and Issues for Congress [verbar]
<a href="http://Congress.gov">Congress.gov</a> [verbar] Library of Congress.
\3\ See U.S. Citizenship & Immigration Services, Fact Sheet:
Status of Citizens of the Freely Associated States of the Federated
States of Micronesia and the Republic of the Marshall Islands,
available at Status of Citizens of the Freely Associated States of
the Federated States of Micronesia and the Republic of the Marshall
Islands Fact Sheet [verbar] USCIS; U.S. Citizenship & Immigration
Services, Fact Sheet: Status of Citizens of the Republic of Palau,
available at Fact Sheet: Status of Citizens of the Republic of
Palau.
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Under the ``REAL ID Act Modification for Freely Associated States
Act,'' \4\ Congress authorized States to issue full-term REAL ID
licenses and ID cards to citizens of the FAS. In its implementing
regulations, the Department of Homeland Security (DHS) 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.\5\ Under its authority in 6 CFR 37.11(c)(1)(x), DHS permits
compliant 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.'' \6\
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\4\ Public Law 115-323, 132 Stat. 4443, Dec. 17, 2018.
\5\ See 84 FR 46556 (Sept. 4, 2019).
\6\ Id. at 46557. See 8 CFR 1.4 for a definition of Form I-94,
which includes the collection of arrival/departure and admission or
parole information by DHS, whether in paper or electronic format.
This would therefore include the paper Form I-94A, a sample of which
is available on U.S. Citizenship and Immigration Services's website
at <a href="https://www.uscis.gov/i-9-central/form-i-94">https://www.uscis.gov/i-9-central/form-i-94</a>.
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Current Regulatory Requirements
Under 49 CFR 383.71(a) and (b), an SDLA may issue a CLP or CDL 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.
FMCSA published a final rule titled ``Restoring Integrity to the
Issuance of Non-Domiciled Commercial Drivers Licenses (CDL)'' (Non-
Domiciled CDL final rule) on February 13, 2026 with an effective date
of March 16, 2026 (91 FR 7044). Under the Non-Domiciled CDL final rule,
an SDLA may issue a non-domiciled CLP or CDL to an applicant domiciled
in a foreign jurisdiction only if the applicant provides a Form I-94/
94A with an unexpired Admit Until Date indicating a nonimmigrant status
classification of H-2A-Temporary Agricultural Workers, H-2B-Temporary
Non-Agricultural Workers, or E-2-Treaty Investors (see 49 CFR
383.73(f)(3)(ii) which requires in part that the applicant provide the
Form I-94/94A as evidence of lawful immigration status as defined under
49 CFR 383.5). Thus, under 49 CFR 383.71, an FAS citizen who is not a
lawful permanent resident is not eligible for a standard CLP or CDL, or
for a non-domiciled CLP or CDL, because FAS citizens do not qualify for
H-2A, H-2B, or E-2 nonimmigrant status.
On September 25, 2024, FMCSA granted an exemption to the Oregon
Department of Transportation allowing the State to issue standard CLPs
and CDLs to FAS citizens with a valid, unexpired passport and an I-94or
I-94A form (89 FR 78428).
Applicant's Request
HDOT's application for exemption was described in detail in a
Federal Register notice on September 11, 2024 (89 FR 73744) and will
not be repeated here as the facts have not changed.
IV. Public Comments
FMCSA requested comment on HDOT's application and on whether, if
granted, the exemption should apply to all SDLAs, and not just HDOT.
The Agency received no comments.
V. FMCSA Decision
FMCSA has evaluated HDOT's application for exemption and based on
its analysis, grants all SDLAs an exemption, applicable to FAS citizens
only, from the condition in paragraph (1)(ii) of the definition of
``evidence of lawful immigration status'' in 49 CFR 383.5 that an
individual's Form I-94 or I-94A indicate one of the following
classifications: H-2A, H-2B, or E-2, as such evidence is required under
49 CFR 383.73(f)(3)(ii)(A). The exemption allows SDLAs to accept a
valid, unexpired passport issued by an FAS and an Arrival/Departure
Record, meaning a Form I-94 or I-94A issued by DHS, to prove that the
individual has entered the United States lawfully, and to issue non-
domiciled CLPs and CDLs to those individuals that otherwise meet the
eligibility requirements. Under this exemption, FAS citizens do not
need an H-2A, H-2B, or E-2 visa to receive a non-domiciled CLP or CDL.
Congress granted FAS citizens a unique work status. FAS citizens do not
require a visa to work in the United States and do not have expiration
dates on their Form I-94s or I-94As. However, those forms are still
considered to have an ``unexpired'' Admit Until Date ``[b]ecause FAS
citizens are authorized to have an indefinite period of stay in the
United States (known as 'duration of status' or 'D/S').'' \7\ FMCSA
believes that granting this exemption is consistent with Congressional
intent to allow FAS citizens to live and work in the United States as
lawful nonimmigrants. The Agency has no data indicating that
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granting the exemption would negatively impact safety.
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\7\ 84 FR 46423, 46424 (Sept. 4, 2019).
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FMCSA also believes that it would be inconsistent with the Agency's
Non-Domiciled CDL final rule to allow SDLAs to issue standard CLPs and
CDLs to individuals who are not domiciled in the United States. The
final rule, and the CDL regulations in 49 CFR part 383, draw a bright
line between individuals who are United States citizens and lawful
permanent residents and those who are not. Therefore, this exemption
decision also supersedes the prior exemption granted to the Oregon
Department of Transportation that allowed Oregon to issue standard CLPs
and CDLs to FAS citizens, rather than non-domiciled CLPs and CDLs.
However, a non-domiciled CLP or CDL still permits citizens of the FAS
``to pursue a CLP/CDL and a career in the motor carrier industry,'' as
requested by Hawaii in its application.\8\ The exemption also permits
SDLAs to issue a non-domiciled CLP or CDL for the maximum term
available under 49 CFR 383.73(f)(2)(iv), which is one year.
Accordingly, under this exemption, FAS citizens may obtain a non-
domiciled CLP or DCDL from a State that issues non-domiciled CLPs and
CDLs, subject to the domicile requirements imposed under State law.
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\8\ Application at 2.
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Based on the information provided by HDOT, FMCSA concludes that the
exemption, subject to the terms and conditions set forth in section
V.B, would likely achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent such exemption,
in accordance with 49 U.S.C. 31315(b)(1).
A. Applicability of Exemption
FMCSA grants an exemption to all SDLAs, for a period of five years,
from the condition that an individual's Form I-94/I-94A indicate an H-
2A, H-2B, or E-2 classification, as described in paragraph (1)(ii) of
the definition of ``Evidence of lawful immigration status'' in 49 CFR
383.5 and as required under 49 CFR 383.73(f)(3)(ii)(A), for FAS
citizens residing in the United States, subject to the terms and
conditions of this decision. SDLAs may issue non-domiciled CLPs and
CDLs under this exemption in accordance with State procedures in 49 CFR
383.73(a) and (b) to an FAS citizen who is otherwise eligible and who
presents a valid, unexpired passport issued by an FAS and an Arrival/
Departure Record, meaning a Form I-94 or I-94A, to prove that the
individual has entered the United States lawfully.
FMCSA intends to closely monitor the safety impacts of the relief
granted under this exemption. As necessary, FMCSA may take action to
modify the exemption, including scaling back the regulatory relief
provided, or to terminate the exemption sooner, if conditions warrant.
B. Terms and Conditions
1. An SDLA must notify FMCSA at <a href="/cdn-cgi/l/email-protection#19545a494a5d597d766d377e766f"><span class="__cf_email__" data-cfemail="5b16180b081f1b3f342f753c342d">[email protected]</span></a> that the SDLA intends
to issue non-domiciled CLPs or CDLs under this exemption before issuing
a non-domiciled CLP or CDL under this exemption.
2. An SDLA must not issue standard CLPs or CDLs to FAS citizens
under this exemption.
3. An SDLA must comply with all other requirements for issuing non-
domiciled CLPs and CDLs, including, but not limited to, ensuring that
the period of validity of the non-domiciled CLP or CDL does not exceed
one year under 49 CFR 383.73(f)(2)(iv), querying the Systematic Alien
Verification for Entitlements system specified in 49 CFR
383.73(m)(2)(ii) to confirm the applicant's lawful immigration status,
and retaining copies of all documents involved in the licensing
process, as required by 49 CFR 383.73(m)(2)(iii).
4. An SDLA must comply with all other applicable Federal Motor
Carrier Safety Regulations (49 CFR part 350-399).
5. An SDLA must provide to FMCSA, annually at <a href="/cdn-cgi/l/email-protection#5d101e0d0e191d393229733a322b"><span class="__cf_email__" data-cfemail="f3beb0a3a0b7b3979c87dd949c85">[email protected]</span></a> and
upon request, the names and CLP/CDL numbers of all drivers who are
issued a non-domiciled CLP or CDL pursuant to the terms of this
exemption, as authorized by 49 CFR 383.73(h) and 384.225(e)(2).
6. This exemption supersedes the exemption previously granted to
the Oregon Department of Transportation (89 FR 78428), which is no
longer in effect. Absent receipt of information as specified in 49 CFR
383.73(f)(5), any CLP or CDL that the Oregon SDLA issued in accordance
with the terms and conditions of the Oregon exemption may remain in
effect until expiration. However, at the next licensing transaction
following the effective date of this exemption (for example,
reissuance, amending, correcting, reprinting, or otherwise duplicating
a previously issued CLP or CDL; transfer; renewal; or upgrade), the
SDLA must apply the terms and conditions of this exemption.
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. Termination
FMCSA does not believe the SDLAs or FAS citizen CLP- and CDL-
applicants covered by this exemption will experience any deterioration
of their safety record. However, the exemption will be revoked if: (1)
an SDLA fails to comply with the terms and conditions of the exemption;
(2) the exemption has resulted 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 objectives of Title 49,
chapter 313 or section 31136.
Derek D. Barrs,
Administrator.
[FR Doc. 2026-09622 Filed 5-13-26; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on May 14, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.