78428 Federal Register / Vol. 89, No. 186 / Wednesday, September 25, 2024 / Notices 

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). 

time of registration, as well as the name, 

address, and organizational affiliation of 

the proposed speaker. If the number of 

registrants requesting to make 

statements is greater than can be 

reasonably accommodated during the 

meeting, the FAA may conduct a lottery 

to determine the speakers. Speakers are 

asked to submit a written copy of their 

prepared remarks for inclusion in the 

meeting records and for circulation to 

REDAC members before the deadline 

listed in the DATES section. All prepared 

remarks submitted on time will be 

accepted and considered as part of the 

meeting’s record. Any member of the 

public may present a written statement 

to the committee at any time. 

Issued in Washington, DC. 

Chinita Roundtree-Coleman, 

REDAC PM/Lead, Federal Aviation 

Administration. 

[FR Doc. 2024–21913 Filed 9–24–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0266] 

Commercial Driver’s License: Oregon 

Department of Transportation; 

Application for Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition; grant 

of application for exemption. 

SUMMARY: FMCSA announces its 

decision to grant a five-year exemption 

to the Oregon Department of 

Transportation (Oregon) 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 reside in 

Oregon and wish to obtain a CDL or 

commercial learner’s permit (CLP). The 

FAS are the Federated States of 

Micronesia, the Republic of the 

Marshall Islands, and the Republic of 

Palau. The U.S. Department of 

Homeland Security (DHS) allows States 

to issue full-term REAL ID licenses and 

ID cards to citizens of the FAS. The 

exemption allows Oregon to accept from 

citizens of the FAS a valid, unexpired 

passport issued by a FAS and an 

Arrival/Departure Record, meaning an 

I–94 or I–94A form, as proof of lawful 

entry into the United States, and issue 

standard CLPs and CDLs, rather than 

non-domiciled CLPs and CDLs, to these 

individuals. 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 obtained absent the 

exemption. 

DATES: The exemption is effective 

September 25, 2024 and expires 

September 25, 2029. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Pearlie Robinson, Driver and Carrier 

Operations Division; Office of Carrier, 

Driver and Vehicle Safety Standards, 

FMCSA; 1200 New Jersey Avenue SE, 

Washington, DC 20590–0001; (202) 366– 

4225; pearlie.robinson@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 

Viewing Comments and Documents 

To view comments, go to 

www.regulations.gov, insert the docket 

number ‘‘FMCSA–2023–0266’’ in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

click ‘‘Browse Comments.’’ 

To view documents mentioned in this 

notice as being available in the docket, 

go to www.regulations.gov, insert the 

docket number ‘‘FMCSA–2023–0266’’ in 

the keyword box, click ‘‘Search,’’ and 

chose the document to review. 

If you do not have access to the 

internet, you may view the docket 

online by visiting Dockets 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. 

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, and provide an opportunity 

for public comment. 

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)). The exemption may be 

renewed (49 CFR 381.300(b)). 

III. Background 

Current Regulation(s) Requirements 

Under 49 CFR 383.71(a) and (b), a 

State Driver Licensing Agency (SDLA) 

may issue a CDL or CLP only to an 

applicant who presents proof of United 

States citizenship or lawful permanent 

residency, as listed in Table 1 to 

§ 383.71, List of Acceptable Proofs of 

Citizenship or Lawful Permanent 

Residency. If the applicant cannot 

present this proof, then the SDLA may 

issue the applicant a non-domiciled 

CDL or CLP instead, under 49 CFR 

383.71(f). Thus, under 49 CFR 383.71, a 

citizen of a 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 relationships of the United States 

with the FAS are governed by 

agreements known as Compacts of Free 

Association. 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 the individual has no 

end date to their authorized stay in the 

country, then the license or ID that is 

issued may be valid for a maximum of 

one year. Under this law, as originally 

enacted, because citizens of the FAS 

may remain in the country indefinitely 

these individuals could be issued REAL 

ID driver’s licenses and ID cards lasting 

only one year.4

Subsequently, however, Congress 

enacted a modifying statute entitled the 

‘‘REAL ID Act Modification for Freely 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 186 / Wednesday, September 25, 2024 / Notices 78429 

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

2018. 

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

7 Id. 

Associated States Act,’’ 5 and DHS 

issued a corresponding amendment to 

its regulation. These changes permitted 

REAL ID compliant States to issue fullterm 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 permits complying 

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 . . . 

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 

believes its allowance of these 

documents is ‘‘consistent with the 

intent of Congress.’’ 7

Applicant’s Request 

Oregon’s application for exemption 

was described in detail in a Federal 

Register notice on June 11, 2024, (89 FR 

49265) and will not be repeated here as 

the facts have not changed. 

IV. Public Comments 

In response to the notice of Oregon’s 

application, there were five comments 

submitted to the docket. Four 

individuals commented in opposition to 

the exemption, and the Hawaii 

Department of Transportation (HDOT) 

commented in support of the 

exemption. 

Curt Smith, an individual opposing 

the exemption, said: ‘‘The exemption 

take[s] away from US citizens who want 

a CDL. [I]f the applicants are not US 

citizens, they should not get the same 

CDL as the driver that is a US citizen. 

A Nondomiciled CDL is just fine for 

someone that is not permanently 

domiciled in the continental United 

States.’’ The other comments in 

opposition expressed similar views. 

HDOT submitted comments in 

support of the exemption and wrote, 

‘‘HDOT agrees with Oregon and suggests 

that a valid, unexpired passport issued 

to a citizen of FAS, accompanied by an 

I–94 . . . form, is sufficient to prove 

that an individual has entered the 

United States lawfully.’’ 

V. FMCSA Safety Analysis and 

Decision 

FMCSA has evaluated Oregon’s 

application for exemption and the 

public comments and based on its 

analysis, decided to grant an exemption 

to Oregon from 49 CFR 383.71 for 

citizens of the FAS. The Agency 

believes that granting an exemption 

allowing Oregon to issue CDLs or CLPs 

to citizens of the FAS in accordance 

with all other State procedures in 49 

CFR 383.73(a) and (b) will achieve a 

level of safety that is equivalent to, or 

greater than, the level of safety that 

would be achieved without the 

exemption (49 CFR 381.305(a)). The 

exemption allows Oregon to accept a 

valid, unexpired passport issued by a 

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, and issue 

standard CLPs and CDLs to these 

individuals. 

In making this determination, FMCSA 

notes that DHS allows States to issue 

full-term REAL ID licenses and ID cards 

to citizens of FAS. DHS provides 

requirements for citizens of FAS to 

present proof of lawful permanent 

residency such that these individuals 

may receive REAL ID credentials, and 

the exemption pertains only to proof of 

lawful permanent residency. 

VI. Exemption Decision 

A. Applicability of Exemption 

FMCSA grants 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 

residing in Oregon for a period of five 

years subject to the terms and 

conditions of this decision. Oregon may 

issue CLPs and CDLs under this 

exemption in accordance with State 

procedures in 49 CFR 383.73(a) and (b) 

only to a citizen of a FAS who presents 

a valid, unexpired passport issued by a 

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. 

B. Terms and Conditions 

Oregon must comply with all other 

applicable Federal Motor Carrier Safety 

Regulations (49 CFR part 350–399). 

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. Notification to FMCSA 

Oregon must provide to FMCSA, 

upon request, a list of all drivers issued 

CLPs or CDLs under this exemption. 

E. Termination 

FMCSA does not believe that Oregon 

will experience any deterioration of its 

safety record. The Agency will, 

however, rescind the exemption if: (1) 

Oregon fails to comply with the terms 

and conditions of the exemption; (2) the 

exemption results 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 objective of 49 U.S.C. 

31136(e) and 31315(b). 

Vincent G. White, 

Deputy Administrator. 

[FR Doc. 2024–21926 Filed 9–24–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[FTA Docket No. FTA 2024–0010] 

Agency Information Collection Activity 

Under OMB Review: Generic Clearance 

for the Collection of Qualitative 

Feedback on Agency Service Delivery 

AGENCY: Federal Transit Administration, 

Department of Transportation. 

ACTION: Notice of request for comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the intention of the 

Federal Transit Administration (FTA) to 

request the Office of Management and 

Budget (OMB) to approve a request for 

an extension without change to an 

existing information collection: Generic 

Clearance for the Collection of 

Qualitative Feedback on Agency Service 

Delivery. 

DATES: Comments must be submitted 

before November 25, 2024. 

ADDRESSES: To ensure that your 

comments are not entered more than 

once into the docket, submit comments 

identified by the docket number by only 

one of the following methods: 

1. Website: https://

www.regulations.gov. Follow the 

instructions for submitting comments 

on the U.S. Government electronic 

docket site. All electronic submissions 

must be made to the U.S. Government 

electronic docket site at https://

www.regulations.gov. Commenters 


ddrumheller on DSK120RN23PROD with NOTICES1