Hi,
I'm not sure where you are located. I'm in PA and have my safety/emission license. What I can tell you is this. In PA, we have to fail any rust holes that would allow fumes to enter the passenger compartment, cause a loss of structural integrity, or holes that are in some way dangerous.
In this case, if it is only the exterior of the panel and the vehicle is still structurally sound, you could patch the hole with body filler, and it would pass. In PA, if there are small holes that wouldn't allow fumes to enter the vehicle, it would pass without repairs.
Let me know if that helps and where you are located. I can try to research your state and determine if the same rules apply.
If you want, take a few pics of the rust and upload them for me to see.
Take care,
Joe
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