Notice2026-11016
Commercial Driver's License: Jenifer Sanchez Vilchis; Application for Exemption
Primary source
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Published
June 2, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA requests public comment on Jenifer Sanchez Vilchis's application for an exemption to permit Deferred Action for Childhood Arrivals (DACA) recipients with valid Employment Authorization Documents to obtain and hold a Class B passenger-vehicle Commercial Driver's License (CDL) under the same conditions as other lawfully work-authorized individuals. Ms. Sanchez Vilchis requests an immediate, temporary exemption to allow States to issue Class B CDLs to DACA holders. FMCSA is required by statute to publish a notice explaining each exemption request. This notice does not indicate that FMCSA intends to grant the requested exemption. FMCSA reviews the application, safety analyses, and public comments submitted and may grant or deny the exemption.
Full Text
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<title>Federal Register, Volume 91 Issue 105 (Tuesday, June 2, 2026)</title>
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[Federal Register Volume 91, Number 105 (Tuesday, June 2, 2026)]
[Notices]
[Pages 33016-33017]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11016]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-0886]
Commercial Driver's License: Jenifer Sanchez Vilchis; 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 requests public comment on Jenifer Sanchez Vilchis's
application for an exemption to permit Deferred Action for Childhood
Arrivals (DACA) recipients with valid Employment Authorization
Documents to obtain and hold a Class B passenger-vehicle Commercial
Driver's License (CDL) under the same conditions as other lawfully
work-authorized individuals. Ms. Sanchez Vilchis requests an immediate,
temporary exemption to allow States to issue Class B CDLs to DACA
holders. FMCSA is required by statute to publish a notice explaining
each exemption request. This notice does not indicate that FMCSA
intends to grant the requested exemption. FMCSA reviews the
application, safety analyses, and public comments submitted and may
grant or deny the exemption.
DATES: Comments must be received on or before July 2, 2026.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2025-0886 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, W58-213, Washington, DC
20590-0001.
<bullet> Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, W58-213,
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.
<bullet> Fax: (202) 493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments. Each submission must include the Agency name and the docket
number (FMCSA-2025-0886) 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.
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 (Federal Docket Management System (FDMS)), which
can be reviewed at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>. The comments are posted without
edit and are searchable by the name of the submitter.
FOR FURTHER INFORMATION CONTACT: Richard Clemente, Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards, FMCSA; (771) 216-2436; or <a href="/cdn-cgi/l/email-protection#a5d7ccc6cdc4d7c18bc6c9c0c8c0cbd1c0e5c1cad18bc2cad3"><span class="__cf_email__" data-cfemail="11637872797063753f727d747c747f657451757e653f767e67">[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.
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2025-0886), 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 FMCSA can contact you if there are questions regarding
your submission.
To submit your comment online, go to <a href="https://www.regulations.gov/docket/FMCSA-2025-0886/document">https://www.regulations.gov/docket/FMCSA-2025-0886/document</a>, click on this notice, click
``Comment,'' and type your comment into the text box on the following
screen.
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.
FMCSA will consider all comments and material received during the
comment period. Comments received after the comment closing date will
be filed in the public docket and will be considered to the extent
practicable.
B. 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 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#c9abbba0a8a7e7aee7ada8a1a5a0a789ada6bde7aea6bf"><span class="__cf_email__" data-cfemail="1674647f777838713872777e7a7f785672796238717960">[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
[[Page 33017]]
receives not specifically designated as CBI will be placed in the
public docket for this notice.
C. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to <a href="https://www.regulations.gov/docket/FMCSA-2025-0886/document">https://www.regulations.gov/docket/FMCSA-2025-0886/document</a> and choose the document to review. To
view comments, click this notice, then click ``Document Comments.'' If
you do not have access to the internet, you may view the docket by
visiting Docket 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., 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 the Federal Motor Carrier Safety Regulations. 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 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 absent such 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 regulatory provision 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 reason for the denial (49 CFR
381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).
III. Applicant's Request
Current Regulatory Requirements
On February 13, 2026, FMCSA published a final rule amending the
Federal regulations for State Driver's Licensing Agencies (SDLAs)
issuing commercial driving credentials to foreign-domiciled
individuals, effective March 16, 2026 (91 FR 7044).\1\ Under 49 CFR
383.73(f)(3)(ii)(A), as amended, SDLAs must not issue non-domiciled
commercial learner's permit or CDL privileges unless the applicant
provides evidence of lawful immigration status, as defined under 49 CFR
383.5. Section 383.5 provides that ``evidence of lawful immigration
status'' means a Form I-94/94A with an unexpired Admit Until Date
indicating a classification of H-2A-Temporary Agricultural Workers, H-
2B-Temporary Non-Agricultural Workers, or E-2-Treaty Investors. DACA
recipients who do not possess evidence of lawful immigration status are
thus ineligible for a non-domiciled CLP or CDL (91 FR 7044, 7055).
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\1\ The final rule reaffirms, with minor changes, the provisions
of the interim final rule (IFR) published on September 29, 2025 (90
FR 46509). However, as explained in the final rule, the U.S. Court
of Appeals for the District of Columbia Circuit issued an Order on
November 10, 2026 that administratively stayed the effective date of
the IFR in response to two Petitions for Review challenging the IFR
(91 FR 7047). FMCSA is therefore treating Ms. Sanchez Vilchis'
exemption application as both a comment on the IFR and as a request
for relief from the final rule provision, as amended (as opposed to
the IFR provision). Various comments from Ms. Sanchez Vilchis were
posted to the docket at <a href="https://www.regulations.gov/docket/FMCSA-2025-0622/document">https://www.regulations.gov/docket/FMCSA-2025-0622/document</a> (retrievable by entering ``Vilchis'' into the
comments search box) and addressed in the final rule response to
comments (91 FR 7054-7055).
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Applicant's Request
Ms. Sanchez Vilchis states that she is a DACA recipient residing in
California. She states that California denied her application for Class
B CDL with Passenger and School Bus endorsements because of FMCSA's
amended regulations limiting eligibility for non-domiciled CDLs. She
requests an exemption to obtain and hold a Class B passenger-vehicle
CDL under the same conditions as other lawfully work-authorized
individuals, stating that the denial was based solely on her
immigration category, not on any safety or qualification deficiency.
The applicant's exemption application also included a petition to
amend FMCSA's regulations to allow SDLAs to issue CDLs to DACA
recipients with valid work authorization under federal immigration
programs. That petition was added to FMCSA's rulemaking docket, FMCSA-
2025-0622, during the comment period and was considered as a filed
comment.
Applicant's Equivalent Level of Safety
Ms. Sanchez Vilchis believes the exemption would not compromise
safety, as she states that she lawfully possesses a DACA-based
Employment Authorization Document and has completed all of the
California and Highway Patrol requirements for a Class B CDL with a
Passenger and School-Bus endorsement.
The applicant asserts that she trained five days a week for six
hours a day, passed the General Knowledge, Passenger, and Air Brakes
tests, and passed the pre-trip and road exams on her first attempt. Ms.
Sanchez Vilchis states that the training she received was rigorous,
safety-focused, and conducted under State and Federal standards. She
further provides the following information to support what she believes
is an equivalent level of safety:
(1) She has resided in the U.S. since the age of one;
(2) She holds three associate degrees and one bachelor's degree
with honors;
(3) Class B training is held to a higher standard than Class A
[training] and focuses on the transport of human passengers with zero
risk tolerance;
(4) She has no criminal record or traffic violations.
Ms. Sanchez Vilchis further added that FMCSA's amended regulations
arose from incidents involving Class A tractor-trailer drivers engaged
in freight transport. Conversely, Class B licensing governs passenger
vehicles such as school buses and coaches, which are subject to more
stringent testing, supervision, and background-check requirements.
A copy of Ms. Sanchez Vilchis' 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 Jenifer Sanchez Vilchis'
application for an exemption from the restrictions on State issuance of
non-domiciled CDLs in 49 CFR 383.73(f) and/or the definition of
``evidence of lawful immigration status'' in 49 CFR 383.5. The
requested exemption would allow States to issue non-domiciled Class B
CDLs to DACA recipients who have valid Employment Authorization
Documents. All comments received before the close of business on the
comment closing date will be considered and will be available for
examination in the docket at the location listed under the Addresses
section of this notice.
Larry W. Minor,
Associate Administrator of Policy.
[FR Doc. 2026-11016 Filed 6-1-26; 8:45 am]
BILLING CODE 4910-EX-P
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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.