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The letter argues that COFA citizens from the FSM, Marshall Islands, and Palau—lawfully present and work-authorized under long-standing statutory authority—are effectively excluded from non-domiciled CDL access and renewals due to documentation requirements tied to specific visa categories. It requests interpretive guidance or rulemaking to revise 49 C.F.R. § 383.5 to expressly include COFA citizens and keep safety objectives intact.",{"@graph":69,"@context":126},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/1750-informational-materials-20260625-2/299051/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/1750-informational-materials-20260625-2/299051.png","ImageObject",300,407,{"name":92,"@type":93},"Terk","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-30","2026-09-18",true,{"@type":102,"interactionType":103,"userInteractionCount":56},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118,122],{"name":109,"@type":110,"acceptedAnswer":111},"What specific FMCSA final rule is addressed in the letter?","Question",{"text":112,"@type":113},"The letter addresses the FMCSA final rule “Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses (CDL)” under Docket Number FMCSA-2025-0622.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"Why does the letter claim COFA citizens are being excluded from CDL access or renewal?",{"text":117,"@type":113},"It states the rule restricts eligibility to people who can provide documentation tied to narrow employment-based visa categories (H-2A, H-2B, and E-2), even though COFA citizens are not required to obtain visas to live and work in the United States and are lawfully present and work-authorized.",{"name":119,"@type":110,"acceptedAnswer":120},"What corrective actions does the author urge the Department to take?",{"text":121,"@type":113},"The letter urges prompt action, including issuing interpretive guidance or initiating rulemaking to revise 49 C.F.R. § 383.5 so COFA citizens are expressly included in the definition of “evidence of lawful immigration status.”",{"name":123,"@type":110,"acceptedAnswer":124},"What example documentation does the letter suggest would be sufficient?",{"text":125,"@type":113},"It suggests recognizing a valid passport issued by a Freely Associated State together with a Form I-94 documenting admission under COFA (e.g., CFA/FSM, CFA/RMI, CFA/PAL) as sufficient documentation.","https://schema.org",{"og:url":83,"og:type":128,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":130,"canonical":83},"index,follow",{"doc_id":132,"site_id":62},299051,1789766757,{"code":4,"msg":5,"data":135},{"doc_id":132,"user_id":136,"nickname":92,"user_avatar":137,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":138,"file_id":139,"file_url":140,"file_type":141,"file_size":142,"view_count":56,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":14,"language":143,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":144,"faqs":145,"seo_title":146,"seo_description":67,"update_tm":133,"read_time":24,"preview_page_count":4},1099525198933,"https://ap-avatar.wpscdn.com/davatar_155a257f0dc6eb9ab79c44ca47cae57d","Received by NSD/FARA Registration Unit 06/25/202612:50:13 PM  \nThe Honorable Sean DuffySecretary  \nU.S.Department of Transportation1200 New Jersey Avenue,S.E.Washington,DC 20590  \nDear Secretary Duffy:  \nI write to bring your attention to a significant issue arising from the Department of Transportation's finalrule,Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses (CDL),issuedby the Federal Motor Carrier Safety Administration(FMCSA),Docket Number FMCSA-2025-0622.  \nSince the rule took effect on March 16,2026,citizens of the Compact of Free Association(COFA)Nations—the Federated States of Micronesia(FSM),the Republic of the Marshall Islands,and theRepublic of Palau—residing in certain U.S.states have reported that their CDLs have been revoked,downgraded,or denied for renewal.While the rule was promulgated as part of a broader effort tostrengthen oversight of non-domiciled CDLs and enhance roadway safety,I am very concerned that thefinal rule does not provide a durable or uniform pathway for citizens of the Freely Associated States(FAS)to access CDLs.This problem requires correction to allow FAS citizens to continue to obtain andrenew CDLs.  \nUnder the Compacts of Free Association,citizens of these three nations are permitted to live and work inthe U.S.indefinitely without a visa.The special statutory and legal authority places COFA citizens in aunique category under U.S.law that has been in place since 1986 that does not align with traditionalnonimmigrant visa classifications.In practical terms,these individuals are lawfully present,work-authorized residents whose status is more analogous to lawful permanent residents than to temporary visaholders.  \nHowever,the final rule limits eligibility for non-domiciled CDLs to individuals who can presentdocumentation tied to specific and narrow employment-based visa categories-namely H-2A,H-2B,andE-2 classifications.Because COFA citizens are not required to obtain visas to live and work in the UnitedStates,they are unable to meet this requirement despite their lawful status and statutory authorization towork.As a result,the rule effectively excludes them from obtaining or renewing non-domiciled CDLs andis thus inconsistent with U.S.law.  \nThe rule,issued on February 13,2026,does explicitly acknowledge this issue,stating generally that theFMCSA\"understands the lawful presence of the Citizens of the FAS,\"but then declining to provideclarity or a clear regulatory carve-out.Instead,DOT indicates that it willaddress FAS citizens throughstate-specific exemptions.  \nThis approach creates uncertainty for states,employers,and FAS citizens,and risks inconsistent treatmentacross jurisdictions.It also leaves many lawfully present,work-authorized individuals without a clearpathway to obtain or retain CDLs,particularly in states that have not sought or received exemptions.Thisincludes FAS citizens across multiple sectors in the U.S.economy,including those providing services tothe U.S.federal government,including the U.S.military.Further,the state exemption process can takemany months;the pending exemption application that the rule points to as an example has been pendingsince September 2024.Absent corrective action,this rule risks undermining longstanding U.S.commitments under the COFA and limiting access to lawful employment opportunities for individualswho are authorized to live and work in this country.  \nThis material is distributed by Arnold &Porter on behalf of the Federated States of Micronesia.Additional information is available at the Department of Justice,Washington,DC.  \nAccordingly,I respectfully urge the Department to take prompt action to address this issue.This couldinclude issuing interpretive guidance or initiating a rulemaking to revise 49 C.F.R.§383.5 to expresslyinclude COFA citizens lawfully living and working in the United States within the definition of “evidenceof lawful immigration status.\"For example,the regulation could recognize a valid passpo","cbCaij3evNbQp1N5","https://ap.wps.com/l/cbCaij3evNbQp1N5","pdf",456034,"English","# Purpose and concern\n## Impact on COFA citizens and eligibility limits\n## Requested regulatory fixes and proposed documentation\n## Call to action and alignment with safety objectives","[{\"question\":\"What specific FMCSA final rule is addressed in the letter?\",\"answer\":\"The letter addresses the FMCSA final rule “Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses (CDL)” under Docket Number FMCSA-2025-0622.\"},{\"question\":\"Why does the letter claim COFA citizens are being excluded from CDL access or renewal?\",\"answer\":\"It states the rule restricts eligibility to people who can provide documentation tied to narrow employment-based visa categories (H-2A, H-2B, and E-2), even though COFA citizens are not required to obtain visas to live and work in the United States and are lawfully present and work-authorized.\"},{\"question\":\"What corrective actions does the author urge the Department to take?\",\"answer\":\"The letter urges prompt action, including issuing interpretive guidance or initiating rulemaking to revise 49 C.F.R. § 383.5 so COFA citizens are expressly included in the definition of “evidence of lawful immigration status.”\"},{\"question\":\"What example documentation does the letter suggest would be sufficient?\",\"answer\":\"It suggests recognizing a valid passport issued by a Freely Associated State together with a Form I-94 documenting admission under COFA (e.g., CFA/FSM, CFA/RMI, CFA/PAL) as sufficient documentation.\"}]","1750-Informational-Materials-20260625-2 | PDF"]