FMCSA approves non-domiciled CDL exemption for citizens of Freely Associated States
FMCSA has approved a five-year exemption allowing state licensing agencies to issue non-domiciled CDLs to eligible citizens of the Federated States of Micronesia, Marshall Islands and Palau.
A key change to commercial licensing rules is set to take effect for citizens of the Freely Associated States, after the U.S. transportation regulator approved an exemption that allows states to issue non-domiciled commercial driver’s licenses to eligible people.
The Federal Motor Carrier Safety Administration (FMCSA) approved an exemption request permitting all State Driver’s Licensing Agencies to issue non-domiciled CDLs to citizens of the Freely Associated States who meet specified requirements.. The Freely Associated States are the Federated States of Micronesia. the Republic of the Marshall Islands and the Republic of Palau.
To qualify, applicants must reside in the United States, hold a valid, unexpired passport issued by an FAS, and provide a Form I-94 or I-94A. The exemption is designed for people living in the U.S. who have lawful non-immigrant status.
Hawaii was the first state to move the issue forward. In 2024, the state applied for a limited exemption from CDL rules, focused on acceptable proof of citizenship or lawful permanent residency for citizens of the Freely Associated States who had relocated to Hawaii and wanted to obtain a CDL.
FMCSA partially granted that request. The five-year exemption authorizes states to issue non-domiciled CDLs to citizens of the Freely Associated States. At the same time, the agency denied Hawaii’s request to issue standard CDLs and commercial learner’s permits to FAS citizens.
In its written notice. scheduled to be published in the Federal Register on Thursday. May 14. FMCSA said it expects the exemption to align with Congress’s intent and not undermine roadway safety.. “FMCSA believes that granting this exemption is consistent with Congressional intent to allow FAS citizens to live and work in the United States as lawful non-immigrants. ” the agency wrote.. It added that it has “no data indicating that granting the exemption would negatively impact safety. ” and that extending broader license types would conflict with FMCSA’s non-domiciled CDL rule. which the agency said applies to individuals who are domiciled in the U.S.
The decision comes after FMCSA put a final rule in place in March aimed at tightening the non-domiciled CDL system.. The rule was meant to ensure that only legal. safe and vetted individuals are issued licenses for commercial motor vehicle operation.. Citizens of the Freely Associated States were not included among the rule’s eligible categories. leaving their cases to be handled through FMCSA’s exemption process.
FMCSA’s new exemption also changes the landscape for states that had pursued similar approvals.. The agency’s recent exemption supersedes an earlier exemption granted to the Oregon Department of Transportation. which had allowed Oregon to issue standard CDLs. rather than non-domiciled CDLs. to citizens of the Freely Associated States.
For FAS citizens who live in the United States and can document their status through the passport and I-94 or I-94A requirements, the approved exemption opens a pathway to non-domiciled CDLs under a five-year authorization framework.
FMCSA non-domiciled CDL Freely Associated States Federated States of Micronesia Marshall Islands Republic of Palau commercial driver’s license