The Federal Motor Carrier Safety Administration (FMCSA) granted an exemption request allowing the issuance of non-domiciled commercial driver’s licenses (CDLs) to certain citizens of Freely Associated States (FAS).
On May 14, FMCSA announced it would partially grant and partially deny an exemption application from the Hawaii Department of Transportation (HDOT).
FMCSA awarded a five-year exemption that will allow all State Driver’s Licensing Agencies (SDLAs) to issue a non-domiciled CDL or commercial learner’s permit (CLP) to citizens of Freely Associated States (FAS) who reside in the United States and who have a valid, unexpired passport issued by an FAS and a Form I-94 or I -94A.
FAS citizens include individuals from the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
The FMCSA opted to deny HDOT’s request that the FAS citizens be granted a standard CDL instead of a non-domiciled CDL.
FMCSA’s May 14 action will supersede a 2024 exemption granted to the Oregon Department of Transportation allowing the state to issue standard CLPs and CDLs to FAS citizens with a valid, unexpired passport and an I-94or I-94A form.
Under the Compacts of Free Association, FAS citizens hold unique citizenship status due to the role of the FAS in supporting the United States security presence in the Pacific Islands region. FAS citizens are permitted to join the U.S. military and may also work and reside in the United States as lawful nonimmigrants without obtaining a visa.
“FMCSA concludes that granting the exemption … is likely to achieve a level of safety equivalent to or greater than the level of safety that would be achieved absent the exemption,” the agency said.
