73744 Federal Register / Vol. 89, No. 176 / Wednesday, September 11, 2024 / Notices 

22. RENEWAL—Chesapeake 

Appalachia, L.L.C.; Pad ID: Hunter; 

ABR–201408001.R2; Meshoppen 

Township, Wyoming County, Pa.; 

Consumptive Use of Up to 7.5000 mgd; 

Approval Date: August 30, 2024. 

23. RENEWAL—Seneca Resources 

Company, LLC; Pad ID: CRV Pad C09– 

G; ABR–201408002.R2; Shippen 

Township, Cameron County, Pa.; 

Consumptive Use of Up to 4.0000 mgd; 

Approval Date: August 30, 2024. 

24. RENEWAL—Seneca Resources 

Company, LLC; Pad ID: T. Wivell 

Horizontal Pad; ABR–20090814.R3; 

Covington Township, Tioga County, Pa.; 

Consumptive Use of Up to 4.0000 mgd; 

Approval Date: August 30, 2024. 

Authority: Public Law 91–575, 84 

Stat. 1509 et seq., 18 CFR parts 806 and 

808. 

Dated: September 6, 2024. 

Jason E. Oyler, 

General Counsel and Secretary to the 

Commission. 

[FR Doc. 2024–20578 Filed 9–10–24; 8:45 am] 

BILLING CODE 7040–01–P 

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. 

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: 

• Federal eRulemaking Portal: 

www.regulations.gov. See the Public 

Participation and Request for Comments 

section below for further information. 

• Mail: Dockets Operations, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Washington, DC 20590– 

0001. 

• 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. 

• 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 

www.regulations.gov, 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 

www.regulations.gov as described in the 

system of records notice DOT/ALL–14 

FDMS, which can be reviewed at 

https://www.transportation.gov/privacy. 

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; Bernadette.walker@dot.gov. 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 

www.regulations.gov 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 81⁄2 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, selfaddressed 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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 176 / Wednesday, September 11, 2024 / Notices 73745 

1See H. Rept. 115–945. 

2Public Law 109–13, Div. B, 119 Stat.’’ 302, May 

11, 2005. 

3See 73 FR 5272 (January 29, 2008). 

4See 84 FR 46423 (September 4, 2019). 

5Public Law 115–323. 132 Stat. 4443, Dec. 17, 

2018. 

6See 84 FR 46556 (September 4, 2019). 

7 Id. 

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 brian.g.dahlin@

dot.gov. 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

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

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

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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