SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

FMCSA encourages you to participate by submitting comments and related materials.

A. Submitting Comments

If you submit a comment, please include the docket number for this notice (FMCSA-2025-0886), indicate the specific section of this document to which the comment applies, and provide a reason for your suggestions or recommendations. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so FMCSA can contact you if there are questions regarding your submission.

To submit your comment online, go to https://www.regulations.gov/​docket/​FMCSA-2025-0886/​document, click on this notice, click “Comment,” and type your comment into the text box on the following screen.

If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying and electronic filing.

FMCSA will consider all comments and material received during the comment period. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable.

B. Confidential Business Information (CBI)

CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to the notice contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to the notice, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission that constitutes CBI as “PROPIN” to indicate it contains proprietary information. FMCSA will treat such marked submissions as confidential under the Freedom of Information Act, and they will not be placed in the public docket of the notice. Submissions containing CBI should be sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or via email at brian.g.dahlin@dot.gov. At this time, you need not send a duplicate hardcopy of your electronic CBI submissions to FMCSA headquarters. Any comments FMCSA ( printed page 33017) receives not specifically designated as CBI will be placed in the public docket for this notice.

C. Viewing Comments and Documents

To view comments, as well as any documents mentioned in this notice as being available in the docket, go to https://www.regulations.gov/​docket/​FMCSA-2025-0886/​document and choose the document to review. To view comments, click this notice, then click “Document Comments.” If you do not have access to the internet, you may view the docket by visiting Docket Operations in room W58-213 of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., ET Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366-9317 or (202) 366-9826 before visiting Dockets Operations.

II. Legal Basis

FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant exemptions from the Federal Motor Carrier Safety Regulations. FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including the applicant's safety analysis. The Agency must provide an opportunity for public comment on the request.

The Agency reviews the application, safety analyses, and public comments submitted and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved absent such exemption, pursuant to the standard set forth in 49 U.S.C. 31315(b)(1). The Agency must publish its decision in the Federal Register (49 CFR 381.315(b)). If granted, the notice will identify the regulatory provision from which the applicant will be exempt, the effective period, and all terms and conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is denied, the notice will explain the reason for the denial (49 CFR 381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).

III. Applicant's Request

Current Regulatory Requirements

On February 13, 2026, FMCSA published a final rule amending the Federal regulations for State Driver's Licensing Agencies (SDLAs) issuing commercial driving credentials to foreign-domiciled individuals, effective March 16, 2026 (91 FR 7044).^[1] Under 49 CFR 383.73(f)(3)(ii)(A), as amended, SDLAs must not issue non-domiciled commercial learner's permit or CDL privileges unless the applicant provides evidence of lawful immigration status, as defined under 49 CFR 383.5. Section 383.5 provides that “evidence of lawful immigration status” means a Form I-94/94A with an unexpired Admit Until Date indicating a classification of H-2A-Temporary Agricultural Workers, H-2B-Temporary Non-Agricultural Workers, or E-2-Treaty Investors. DACA recipients who do not possess evidence of lawful immigration status are thus ineligible for a non-domiciled CLP or CDL (91 FR 7044, 7055).

Applicant's Request

Ms. Sanchez Vilchis states that she is a DACA recipient residing in California. She states that California denied her application for Class B CDL with Passenger and School Bus endorsements because of FMCSA's amended regulations limiting eligibility for non-domiciled CDLs. She requests an exemption to obtain and hold a Class B passenger-vehicle CDL under the same conditions as other lawfully work-authorized individuals, stating that the denial was based solely on her immigration category, not on any safety or qualification deficiency.

The applicant's exemption application also included a petition to amend FMCSA's regulations to allow SDLAs to issue CDLs to DACA recipients with valid work authorization under federal immigration programs. That petition was added to FMCSA's rulemaking docket, FMCSA-2025-0622, during the comment period and was considered as a filed comment.

Applicant's Equivalent Level of Safety

Ms. Sanchez Vilchis believes the exemption would not compromise safety, as she states that she lawfully possesses a DACA-based Employment Authorization Document and has completed all of the California and Highway Patrol requirements for a Class B CDL with a Passenger and School-Bus endorsement.

The applicant asserts that she trained five days a week for six hours a day, passed the General Knowledge, Passenger, and Air Brakes tests, and passed the pre-trip and road exams on her first attempt. Ms. Sanchez Vilchis states that the training she received was rigorous, safety-focused, and conducted under State and Federal standards. She further provides the following information to support what she believes is an equivalent level of safety:

(1) She has resided in the U.S. since the age of one;

(2) She holds three associate degrees and one bachelor's degree with honors;

(3) Class B training is held to a higher standard than Class A [training] and focuses on the transport of human passengers with zero risk tolerance;

(4) She has no criminal record or traffic violations.

Ms. Sanchez Vilchis further added that FMCSA's amended regulations arose from incidents involving Class A tractor-trailer drivers engaged in freight transport. Conversely, Class B licensing governs passenger vehicles such as school buses and coaches, which are subject to more stringent testing, supervision, and background-check requirements.

A copy of Ms. Sanchez Vilchis' application for exemption is available for review in the docket for this notice.

IV. Request for Comments

In accordance with 49 U.S.C. 31315(b), FMCSA requests public comment from all interested persons on Jenifer Sanchez Vilchis' application for an exemption from the restrictions on State issuance of non-domiciled CDLs in 49 CFR 383.73(f) and/or the definition of “evidence of lawful immigration status” in 49 CFR 383.5. The requested exemption would allow States to issue non-domiciled Class B CDLs to DACA recipients who have valid Employment Authorization Documents. All comments received before the close of business on the comment closing date will be considered and will be available for examination in the docket at the location listed under the Addresses section of this notice.

91 FR 33016