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The exemption requires advance FMCSA notification, prohibits issuing standard CLPs/CDLs to FAS citizens, limits validity to one year, mandates status verification and record retention, and requires annual driver reporting. It includes monitoring, preemption of conflicting state rules during the exemption period, and potential early termination or revocation for noncompliance or reduced safety.",{"@graph":69,"@context":123},[70,84,106],{"@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/fmcsa-cdl-exemption-decision-for-fas-citizens-applicability-and-terms-and-conditions/299047/",{"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/fmcsa-cdl-exemption-decision-for-fas-citizens-applicability-and-terms-and-conditions/299047.png","ImageObject",300,407,{"name":92,"@type":93},"Chumphorn","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-11-03","2026-09-18",true,{"@type":102,"interactionType":103,"userInteractionCount":105},"InteractionCounter",{"@type":104},"ViewAction",18,{"@type":107,"mainEntity":108},"FAQPage",[109,115,119],{"name":110,"@type":111,"acceptedAnswer":112},"Who is eligible to receive non-domiciled CLPs and CDLs under this exemption?","Question",{"text":113,"@type":114},"SDLAs may issue non-domiciled CLPs and CDLs to FAS citizens who are otherwise eligible and present required proof of lawful entry, including a valid unexpired FAS passport and an Arrival/Departure Record (Form I-94 or I-94A).","Answer",{"name":116,"@type":111,"acceptedAnswer":117},"What conditions must an SDLA meet before issuing a non-domiciled CLP or CDL?",{"text":118,"@type":114},"An SDLA must notify FMCSA of its intent before issuing, must not issue standard CLPs/CDLs to FAS citizens under the exemption, must limit validity to the maximum term available (one year), and must follow verification and document-retention requirements.",{"name":120,"@type":111,"acceptedAnswer":121},"How can the exemption be modified or revoked?",{"text":122,"@type":114},"FMCSA will closely monitor safety impacts and may modify or terminate the exemption if warranted. Revocation may occur for SDLA noncompliance, a lower safety level than before, or inconsistency with the goals and objectives of Title 49, chapter 313 or section 31136.","https://schema.org",{"og:url":83,"og:type":125,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":127,"canonical":83},"index,follow",{"doc_id":129,"site_id":62},299047,1789766747,{"code":4,"msg":5,"data":132},{"doc_id":129,"user_id":133,"nickname":92,"user_avatar":134,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":135,"file_id":136,"file_url":137,"file_type":138,"file_size":139,"view_count":105,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":14,"language":140,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":141,"faqs":142,"seo_title":143,"seo_description":67,"update_tm":130,"read_time":24,"preview_page_count":4},2336475401981,"https://ap-avatar.wpscdn.com/avatar/22000c94efd8d5204d?x-image-process=image/resize,m_fixed,w_180,h_180&k=1786935347598174694","granting the exemption would negatively impact safety.  \nFMCSA also believes that it would be inconsistent with the Agency’s NonDomiciled CDL final rule to allow SDLAs to issue standard CLPs and CDLs to individuals who are not domiciled in the United States. The final rule, and the CDL regulations in 49 CFR part 383, draw a bright line between individuals who are United States citizens and lawful permanent residents and those who are not. Therefore, this exemption decision also supersedes the prior exemption granted to the Oregon Department of Transportation that allowed Oregon to issue standard CLPsand CDLs to FAS citizens, rather than non-domiciled CLPs and CDLs. However, a non-domiciled CLP or CDL still permits citizens of the FAS‘‘to pursue a CLP/CDL and a career in the motor carrier industry,’’ as requested by Hawaii in its application.8 The exemption also permits SDLAs to issue a non-domiciled CLP or CDL for the maximum term available under 49 CFR 383.73(f)(2)(iv), which is one year. Accordingly, under this exemption, FAS citizens may obtain a non-domiciled CLP or DCDL from a State that issues non-domiciled CLPs and CDLs, subject to the domicile requirements imposed under State law.  \nBased on the information provided by HDOT, FMCSA concludes that the exemption, subject to the terms and conditions set forth in section V.B, would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption, in accordance with 49 U. S.C. 31315(b)(1) .  \nA. Applicability of Exemption  \nFMCSA grants an exemption to all SDLAs, for a period of five years, from the condition that an individual’s Form I–94/I–94A indicate an H–2A, H–2B, or E–2 classification, as described in paragraph (1)(ii) of the definition of‘‘Evidence of lawful immigration status’’in 49 CFR 383.5 and as required under 49 CFR 383. 73(f)(3)(ii)(A), for FAS citizens residing in the United States, subject to the terms and conditions of this decision. SDLAs may issue nondomiciled CLPs and CDLs under this exemption in accordance with State procedures in 49 CFR 383.73(a) and (b) to an FAS citizen who is otherwise eligible and who presents a valid, unexpired passport issued by an FASand an Arrival/Departure Record, meaning a Form I–94 or I–94A, to prove that the individual has entered the United States lawfully.  \n8 Application at 2.  \nFMCSA intends to closely monitor the safety impacts of the relief granted under this exemption. As necessary, FMCSA may take action to modify the exemption, including scaling back the regulatory relief provided, or to terminate the exemption sooner, if conditions warrant.  \nB. Terms and Conditions  \n1. An SDLA must notify FMCSA at [MCPSD@dot.gov](MCPSD@dot.gov) that the SDLA intends to issue non-domiciled CLPs or CDLs under this exemption before issuing anon-domiciled CLP or CDL under this exemption.  \n2. An SDLA must not issue standard CLPs or CDLs to FAS citizens under this exemption.  \n3. An SDLA must comply with all other requirements for issuing nondomiciled CLPs and CDLs, including, but not limited to, ensuring that the period of validity of the non-domiciled CLP or CDL does not exceed one year under 49 CFR 383.73(f)(2)(iv), querying the Systematic Alien Verification for Entitlements system specified in 49 CFR  \n383. 73(m)(2)(ii) to confirm the applicant’s lawful immigration status, and retaining copies of all documents involved in the licensing process, as required by 49 CFR 383.73(m)(2)(iii) .  \n4. An SDLA must comply with all other applicable Federal Motor Carrier Safety Regulations (49 CFR part 350– 399) .  \n5. An SDLA must provide to FMCSA, [annually at](annually at MCPSD@dot.gov)[ MCPSD@dot.gov](annually at MCPSD@dot.gov) and upon request, the names and CLP/CDL numbers of all drivers who are issued anon-domiciled CLP or CDL pursuant to the terms of this exemption, as authorized by 49 CFR 383.73(h) and 384. 225(e)(2) .  \n6. This exemption supersedes the exemption previously ","cbCaigootneNaG7w","https://ap.wps.com/l/cbCaigootneNaG7w","pdf",212088,"English","# Applicability of Exemption\n## Terms and Conditions\n## Preemption\n## Termination","[{\"question\":\"Who is eligible to receive non-domiciled CLPs and CDLs under this exemption?\",\"answer\":\"SDLAs may issue non-domiciled CLPs and CDLs to FAS citizens who are otherwise eligible and present required proof of lawful entry, including a valid unexpired FAS passport and an Arrival/Departure Record (Form I-94 or I-94A).\"},{\"question\":\"What conditions must an SDLA meet before issuing a non-domiciled CLP or CDL?\",\"answer\":\"An SDLA must notify FMCSA of its intent before issuing, must not issue standard CLPs/CDLs to FAS citizens under the exemption, must limit validity to the maximum term available (one year), and must follow verification and document-retention requirements.\"},{\"question\":\"How can the exemption be modified or revoked?\",\"answer\":\"FMCSA will closely monitor safety impacts and may modify or terminate the exemption if warranted. Revocation may occur for SDLA noncompliance, a lower safety level than before, or inconsistency with the goals and objectives of Title 49, chapter 313 or section 31136.\"}]","FMCSA CDL Exemption Decision for FAS Citizens - Applicability and Terms and Conditions | PDF"]