The Oregon Department of Transportation has applied for a limited exemption from federal CDL rules regarding acceptable proof of citizenship or lawful permanent residency.
In a notice scheduled to publish in the Federal Register on Tuesday, June 11, the Federal Motor Carrier Safety Administration announced that the Oregon DOT requested an exemption for citizens of Freely Associated States who now reside in the state and wish to obtain a CDL.
The Freely Associated States are the Federated States of Micronesia, the Republic of the Marshall Islands and the Republic of Palau. If the exemption is granted, Oregon would be allowed to issue standard commercial learner’s permits and CDLs to these individuals rather than issuing non-domiciled permits and CDLs.
“The United States’ relationships with the FAS are governed by agreements known as Compacts of Free Association,” FMCSA wrote in the notice. “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.”
Under current rules, a State Driver Licensing Agency may issue a CDL or learner’s permit only to an applicant who presents proof of U.S. citizenship or lawful permanent residency. If the applicant is unable to present this proof, the state may issue a non-domiciled version.
Citing the REAL ID Act Modification for Freely Associated States Act, Oregon requests that FMCSA authorize it to issue CDLs and commercial learner’s permits to applicable individuals.
Ordinarily, a person who is not a U.S. citizen must present a valid, unexpired Permanent Resident Card. For a person who is a citizen of Freely Associated States, Oregon would accept a valid, unexpired passport and an I-94 form to prove that the individual entered the United States lawfully.
How to comment
FMCSA will accept comments on the Oregon Department of Transportation’s exemption request for 30 days. To make a comment, go to Regulations.gov and enter Docket No. FMCSA-2023-0266. LL
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