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HDOT requests, under 49 CFR Part 381 Subpart C, a full five-year exemption for citizens of Freely Associated States from CDL proof-of-legal-presence requirements. The request explains FMCSA’s prior determination, describes REAL ID Act modifications and DHS Federal Register updates, and urges an aligned rulemaking to amend 49 CFR 383.71(b)(9) Table 1, emphasizing safety equivalence and reduced confusion for CDL/CLP issuance in Hawaii.",{"@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/hawaii-department-of-transportation-request-for-fmcsa-five-year-exemption-for-freely-associated-states-cdl-legal-presence-requirements-july-16-2024/299050/",{"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/hawaii-department-of-transportation-request-for-fmcsa-five-year-exemption-for-freely-associated-states-cdl-legal-presence-requirements-july-16-2024/299050.png","ImageObject",300,407,{"name":92,"@type":93},"Đào","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-11-01","2026-09-18",true,{"@type":102,"interactionType":103,"userInteractionCount":105},"InteractionCounter",{"@type":104},"ViewAction",12,{"@type":107,"mainEntity":108},"FAQPage",[109,115,119],{"name":110,"@type":111,"acceptedAnswer":112},"What is HDOT requesting from FMCSA in this letter?","Question",{"text":113,"@type":114},"HDOT requests a full five-year exemption, under 49 CFR Part 381 Subpart C, for citizens of Freely Associated States from the CDL proof of legal presence requirements in 49 CFR § 383.71(b)(9) Table 1.","Answer",{"name":116,"@type":111,"acceptedAnswer":117},"Why does HDOT believe the exemption should be granted?",{"text":118,"@type":114},"HDOT argues that accepting an unexpired passport issued from the Freely Associated States and a valid Form I-94 would be consistent with Public Law 115-323, and that granting the exemption should not lower highway safety.",{"name":120,"@type":111,"acceptedAnswer":121},"What rulemaking change does HDOT urge alongside the exemption request?",{"text":122,"@type":114},"HDOT strongly urges FMCSA to initiate a new rulemaking process amending 49 CFR § 383.71(b)(9) Table 1 by adopting the appropriate REAL ID-related documents for proof of citizenship or legal presence from the most recent DHS list.","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},299050,1790012698,{"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":81,"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":144,"read_time":39,"preview_page_count":4},1374402968488,"https://ap-avatar.wpscdn.com/davatar_29158cc5080c5b710cf443261637dec0","JOSH GREEN, M. D.  \nGOVERNOR KE KIAʻĀINA  \nEDWIN H. SNIFFEN  \nDIRECTOR KA LUNA HOʻOKELE  \nDeputy Directors Nā Hope Luna Hoʻokele DREANALEE K. KALILI TAMMY L. LEE CURT T. OTAGURO ROBIN K. SHISHIDO  \nSTATE OF HAWAIʻI | KA MOKUʻĀINA ʻO HAWAIʻI DEPARTMENT OF TRANSPORTATION | KA ʻOIHANA ALAKAU  \n869 PUNCHBOWL STREET  \nHONOLULU, HAWAII 96813-5097  \nIN REPLY REFER TO:  \nHWY-V 9.7349  \nJuly 16, 2024  \nMr. Vinn White, Acting Administrator  \nFederal Motor Carrier Safety Administration  \nU.S. Department of Transportation 1200 New Jersey Avenue S.E.  \nWashington, D.C. 20590  \nDear Mr. White:  \nThe Hawaii Department of Transportation (HDOT) requests under 49 Code of Federal Regulations (CFR) Part 381, Subpart C, for a full five-year exemption for citizens of nationstates that have entered into Compacts of Free Association with the United States (Freely Associated States) 1 from the commercial driver’s license (CDL) proof of legal presence requirements codified at 49 CFR § 383.71(b)(9) Table 1.  \nIn June of 2024, the Federal Motor Carrier Safety Administration (FMCSA) notified the HDOT that citizens of the Freely Associated States (FAS) are eligible only for the non-domiciled CDLsand commercial learner permit (CLPs) described in § 383.71(f) and § 383.73(f) . The FMCSA has issued a finding against the HDOT relative to HDOT’s CDL program when it was discovered that the State has been issuing full-term CDLs and CLPs to citizens of the FAS. The HDOT notes that Congress has given specific statutory direction to the Department of Homeland Security (DHS) regarding citizens of the FAS through the REAL ID Act Modification for Freely Associated States Act.2 Subsequently, the DHS announced in the Federal Register (FR) notice (84 FR 46423 and 84 FR 46556) modifications to the REAL ID Act allowing citizens of the FAS to be eligible for permanent REAL ID issuance and designating an unexpired foreign passport and valid Form I-94 (Arrival-Departure Record) as acceptable identity documentation. Under the DHS regulations, States may not issue temporary or limited-term credentials to citizens of the FAS.3 “Citizens of the FAS are eligible to be admitted to the United States as nonimmigrants without a visa, and live and work in the United States indefinitely. The REAL ID Act Modification for Freely Associated States Act, Public Law 115-323, signed into law on  \n1 Nation states have Compacts of Free Association with the United States include the Federated States of Micronesia, the Republic of Palau, and the Republic of the Marshall Islands.  \n2 Public Law No. 115-323 (132 Stat. 4443) .  \n3 6 CFR § 37.21 provides that temporary or limited-term REAL IDs are limited to individuals with “temporary lawful status,” and § 37.3 defines “temporary lawful status” to exclude citizens of the FAS.  \nMr. Vinn White, Acting Administrator HWY-V 9.7349  \nJuly 16, 2024 Page 2  \nDecember 17, 2018, addresses this issue by amending the REAL ID Act to authorize states to issue to citizens of the FAS residing indefinitely in the United States full-term REAL ID driver's licenses or identification cards. With this change, citizens of the FAS residing in the United States are eligible for full-term REAL ID driver's licenses and identification cards, provided they satisfy the other requirements of the REAL ID Act and regulations.”4 The legislative history of the REAL ID Act Modification For Freely Associated States Act did not indicate any significant cost incurred to the DHS or related resulting from the acceptance ofFAS credentials as part of the driver licensing process.5  \nDuring the FMCSA’s rulemaking to implement the legal presence requirement, the FMCSA aimed to “adopt the appropriate documents from the most recent list that the DHS adopted for proof of citizenship or legal presence” and aimed to “ensure greater compatibility with the DHS programs including REAL ID”(76 FR 26857 and 26858) . Along with this exemption request, the HDOT strongly urges the FMCSA to engage in a new rul","cbCaiqYcWbMQyiZC","https://ap.wps.com/l/cbCaiqYcWbMQyiZC","pdf",213470,"English","# Request Summary\n## Legal Basis and Regulatory Context\n## FMCSA Findings and HDOT Rationale\n## REAL ID and DHS Federal Register Modifications\n## Requested Rulemaking Alignment and Safety Considerations\n## Potential Workforce and Equity Impacts","[{\"question\":\"What is HDOT requesting from FMCSA in this letter?\",\"answer\":\"HDOT requests a full five-year exemption, under 49 CFR Part 381 Subpart C, for citizens of Freely Associated States from the CDL proof of legal presence requirements in 49 CFR § 383.71(b)(9) Table 1.\"},{\"question\":\"Why does HDOT believe the exemption should be granted?\",\"answer\":\"HDOT argues that accepting an unexpired passport issued from the Freely Associated States and a valid Form I-94 would be consistent with Public Law 115-323, and that granting the exemption should not lower highway safety.\"},{\"question\":\"What rulemaking change does HDOT urge alongside the exemption request?\",\"answer\":\"HDOT strongly urges FMCSA to initiate a new rulemaking process amending 49 CFR § 383.71(b)(9) Table 1 by adopting the appropriate REAL ID-related documents for proof of citizenship or legal presence from the most recent DHS list.\"}]","Hawaii Department of Transportation Request for FMCSA Five-Year Exemption for Freely Associated States CDL Legal Presence Requirements - July 16, 2024 | PDF",1789766752]