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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 [www.gpo.gov]
[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:
     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; [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 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 
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 [email protected]. 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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