[Federal Register Volume 59, Number 193 (Thursday, October 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24802]


[[Page Unknown]]

[Federal Register: October 6, 1994]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 391

[FHWA Docket No. MC-91-1]

 

Qualification Of Drivers; Vision Deficiencies; Waivers

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Determination; request for comments.

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SUMMARY: The FHWA announces a Determination which will extend, for 
thirty days, waivers issued to certain vision-impaired drivers as part 
of a study instituted in July, 1992. The purpose of the study is to 
gather information and data to determine whether there should be a 
change in the current vision standards for operators of commercial 
motor vehicles (CMVs) in interstate commerce, or provision for 
individualized waivers. This action is directed solely at those drivers 
who had been granted temporary waivers to participate in the previously 
authorized vision waiver study, who numbered 2,411 as of September 30, 
1994. This Notice also proposes to revalidate the waivers, allowing the 
aforementioned drivers to continue to participate in the study until 
its conclusion, which will occur on or before March 31, 1996. This 
revalidation would be based upon the Determination made in this 
document. This action follows, and is consistent with, the decision of 
the U.S. Court of Appeals for the D.C. Circuit in the case captioned 
Advocates for Highway and Auto Safety v. Federal Highway 
Administration, 28 F.3d 1288, D.C. Cir. 1994, which vacated the rule 
authorizing the temporary waivers and remanded the matter to the agency 
for further action not inconsistent with the Court's ruling.

DATES: Comments must be received on or before October 21, 1994.

ADDRESSES: Submit written, signed comments to FHWA Docket No. MC-91-1, 
Room 4232, HCC-10, Office of the Chief Counsel, Federal Highway 
Administration, 400 Seventh Street, SW., Washington, DC 20590. All 
comments received will be available for examination at the above 
address from 8:30 a.m. to 3:30 p.m., e.t., Monday through Friday, 
except Federal holidays. Those desiring notification of receipt of 
comments must include a self-addressed, stamped postcard.

FOR FURTHER INFORMATION CONTACT: The FHWA has established a special 
telephone number to receive inquiries regarding this notice. The number 
is 1-800-832-5660. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., 
Monday through Friday, except legal Federal holidays. No Further Waiver 
Applications Are Required To Be Submitted, Nor Will Any New Waiver 
Applications For Participation In This Study Be Considered As A Result 
Of This Action.

SUPPLEMENTARY INFORMATION: Section 206(f) of the Motor Carrier Safety 
Act of 1984, (MCSA) Pub. L. No. 98-554, 98 Stat. 2832 (codified at 49 
U.S.C. 31136(e), formerly 49 U.S.C. app. 2505(f)) allows the Secretary 
of Transportation to grant waivers from the Federal Motor Carrier 
Safety Regulations only after a determination that such waivers are not 
contrary to the public interest and are consistent with the safe 
operation of CMVs. Historically, except for a limb-handicap waiver 
program established in 1979 (49 CFR 391.49), the agency had granted no 
individual waivers to drivers who did not meet the physical 
qualification requirements set forth at 49 CFR 391.41.

Current Vision Standard

    The current Federal vision standard for CMV drivers requires:

    Distant visual acuity of at least 20/40 (Snellen) in each eye 
without corrective lenses or visual acuity separately corrected to 
20/40 (Snellen) or better with corrective lenses, distant binocular 
acuity of at least 20/40 (Snellen) in both eyes with or without 
corrective lenses, field of vision of at least 70 degrees in the 
horizontal meridian in each eye, and the ability to recognize the 
colors of traffic signals and devices showing standard red, green, 
and amber.

49 CFR 391.41(b)(10).
    This standard has been applied absolutely in the sense that any 
individual who does not meet the standard is determined to be 
physically unqualified to drive a CMV in interstate commerce without 
further consideration of individual ability. Public policy enunciated 
in the Rehabilitation Act of 1973 (Pub. L. 93-112, 87 Stat. 355, as 
amended) and the Americans with Disabilities Act of 1991 (Pub. L. 101-
336, 104 Stat. 327, as amended) indicates that a preferable standard 
would allow drivers to demonstrate their individual ability to drive 
safely, in spite of their vision deficiency. However, because no 
practical means of testing the ability of an individual with various 
vision deficiencies to safely operate a CMV were known to exist, except 
actual driving experience, the agency could not grant waivers and be 
certain that such waivers were ``consistent with the safe operation of 
commercial motor vehicles'' as required by the MCSA. The FHWA 
determined that a group of drivers did exist who, although they did not 
meet the standard, had already demonstrated their ability to drive 
safely. These drivers were either operating in intrastate commerce and 
subject to a less stringent State vision standard, or were operating, 
unwittingly or otherwise, in contravention of the existing interstate 
standard. Adoption of the Federal standard by many States, along with 
stepped-up enforcement at both the State and Federal levels, exposed 
these drivers to disqualification determinations. This was not 
inadvertent, however. Laws enacted over the past ten years have 
effectively increased resources dedicated to the enforcement of the 
Federal safety regulations or compatible State regulations by a factor 
of ten. Congress has insisted on uniform standards consistent with 
Federal regulations issued pursuant to the MCSA of 1984, and has 
authorized programs to encourage states to adopt those standards. 
Moreover, Federal regulations implementing the Commercial Motor Vehicle 
Safety Act of 1986 and its commercial driver's license provisions, have 
further helped detect drivers operating in interstate commerce who did 
not meet the Federal physical qualification requirements. Because of 
these efforts, more than 5,000 unqualified drivers have been identified 
and removed from interstate driving positions. That is, in fact, the 
intent of establishing minimum Federal standards and insuring they are 
enforced.

Vision Waiver Study

    At the same time that these enforcement efforts were increasing, 
heightened awareness of the rights of disabled individuals, and the 
fact that some of the physical qualification standards were absolute in 
that they permitted no demonstration of ability notwithstanding the 
physical deficit, caused the FHWA to reexamine its vision standard. 
Several research studies, although acknowledging that visual capacity 
was an essential element of safe commercial vehicle operation, had 
failed to fully resolve the issue of what level of visual capacity 
would be required to assure safety. The FHWA decided to conduct a 
further study in an attempt to gather essential information that would 
lead to an improved standard. The difficulties with some of the 
previous studies included insufficient subjects and the absence of 
exposure data. The FHWA believed these difficulties could be overcome, 
in part, by using as subjects drivers who, although they did not meet 
the Federal vision standards, had been safely operating CMVs for some 
time and were now, for the reasons mentioned above, becoming more 
readily identifiable.
    The FHWA announced its vision waiver study in a Notice of Intent to 
accept applications for waivers on March 25, 1992, (57 FR 10295). The 
intent of the proposed program was to obtain valuable information on 
the relationship between visual capacity and the ability to operate a 
CMV safely. This vision waiver study was initiated as part of an 
overall regulatory review of the medical qualification standards 
applicable to interstate CMV drivers. It was also responsive to several 
Congressional Committee reports accompanying the Americans With 
Disabilities Act directing the Secretary within two years to 
``undertake a thorough review of (the driver qualification) regulations 
to ascertain whether the standards conform with current knowledge * * * 
and whether such regulations are valid under this Act.'' (42 U.S.C. 
12101, Pub. L. 101-336, 104 Stat. 327). (See H. Rep. 596, 101st Cong., 
2d Sess. 60-61 (1990) (conference report); H. Rep. 485, Part 2, 101st 
Cong., 2d Sess. 57 (1990) (House Committee on Education and Labor); H. 
Rep. 458, Part 3, 101st. Cong., 2d Sess. 34 (1990) (House Committee on 
the Judiciary); S. Rep. 116, 101st Cong., 1st Sess. 27-28 (1989) 
(Senate Committee on Labor and Human Resources).
    A further notice with request for comments was published on June 3, 
1992, (57 FR 23370), and a notice of final disposition was published on 
July 16, 1992, (57 FR 31458). The period during which applications for 
participation in this waiver program would be considered expired on 
December 31, 1992, after having been extended from September 21, 1992 
(57 FR 45002, September 30, 1992). Over 3,700 applications were 
received.
    To assure consistency with safety, the FHWA set minimum 
requirements which a driver would have to meet before being considered 
eligible for a waiver. These included visual acuity of at least 20/40 
(Snellen) in the better eye, three years driving experience with the 
vision deficiency, a safe driving record for that period, and a report 
on the condition of the applicant's vision from an ophthalmologist or 
optometrist, including an opinion as to the driver's ability to operate 
a CMV safely with the condition. A safe driving record was defined as 
the absence of chargeable accidents, no convictions for serious traffic 
offenses, and no more than two convictions for other moving violations. 
The agency based its requirement that drivers participating in the 
study have a three-year safe driving history with their vision 
impairment upon studies (discussed more fully in ``Rationale for the 
Determination'') indicating that past experience can be used to predict 
future performance, especially when combined with other predictive 
factors such as geographic location, mileage driven, and conviction 
history. The agency also relied upon opinions from the medical 
community that individuals with vision impairments are often able to 
compensate for that impairment over a period of time. Because of the 
discrepancy as to how much time is necessary to allow an individual to 
compensate for an impairment (which generally ranged from several 
months to a full year), the agency's choice of three years provided 
added assurance that drivers would have had sufficient time to develop 
compensatory behavior. It was also the longest period for which driver 
histories were uniformly available from State motor vehicle departments 
(MVD).

Court Decision

    The Advocates for Highway and Auto Safety (Advocates) filed suit in 
the United States Court of Appeals for the D.C. Circuit, requesting a 
review of the FHWA's notice of final disposition granting waivers to 
individuals who otherwise did not meet the Federal vision standard 
required for the qualification of CMV drivers in interstate commerce. 
The Advocates asserted that the waiver program was in violation of the 
Administrative Procedures Act (5 U.S.C. 553) because the rule 
implementing the program was not issued with opportunity for meaningful 
comment and was otherwise arbitrary, capricious, or not in accordance 
with law.
    A three-judge panel for the D.C. Circuit issued its opinion in the 
case on August 2, 1994. The Court found that the FHWA's notices of the 
program did provide for meaningful comment and that the comments 
received were given consideration. The Court also held that the FHWA's 
approach, given the apparently conflicting demands, was reasonable, and 
therefore not arbitrary and capricious. The Court observed, however, 
that the FHWA ``initiated a program to issue temporary waivers to 
visually impaired drivers in order to procure the hard evidence needed 
to determine the effect of visual deficiencies on safety. Yet, before 
it may grant a waiver, the Safety Act required the agency to determine 
that such waiver * * * is consistent with the safe operation of 
commercial motor vehicles.'' 28 F.3d at 1294. The Court found that the 
agency's ``determination that the waiver program will not adversely 
affect the safe operation of CMVs is devoid of empirical support in the 
record,'' 28 F.3d at 1294, and that ``the FHWA has failed to meet the 
exacting requirements of section 2505(f) (now 49 U.S.C. 31136(e)).'' 28 
F.3d at 1294. Consequently, the Court concluded that the FHWA's 
adoption of the waiver program was contrary to law, and vacated and 
remanded the rule to the agency.

Rationale for the Determination

    This notice of determination is issued in response to the Court's 
remand. The FHWA has analyzed the Court's decision and its effect on 
the vision waiver study, and has evaluated evidence that was not before 
the Court, including considerable data gathered through the vision 
waiver study during its two years of operation. As of September 30, 
1994, there were 2,411 individuals participating in the vision waiver 
study. Unless the agency acts on the D.C. Circuit Court's remand, the 
waivers, without which most of these drivers would not be qualified, 
would have to be rescinded immediately because the decision of the 
Court, when mandated, will invalidate the existing rule authorizing the 
waivers.
    Generally, a truck driver's ability to operate is demonstrated by 
possession of a currently valid commercial driver's license or other 
authorized license, and based upon other safety-related information 
pertaining to the type of vehicle to be operated. A commercial driver's 
license or other authorized license is issued after subjecting the 
driver to knowledge and performance tests usually administered in the 
course of a few hours. Some employers may add a performance test, or a 
safe driving probationary period before permanent employment. How 
safely the driver may operate thereafter is based on compliance with 
traffic laws and regulations and involvement in accidents.
    The drivers accepted for the waiver study had to meet the licensing 
requirement of their States and any employer-mandated prerequisites, in 
addition to demonstrating beforehand a safe driving record for three 
years as required by the Vision Waiver Program.
    By allowing these drivers to continue to drive under a waiver 
program, i.e., in effect, grandfathering them, the FHWA placed itself 
in the position of receiving information on the relationship between 
visual capacity and the ability to operate a CMV safely. Because they 
did not meet existing vision standards, these drivers could not be 
allowed to operate in interstate commerce, unless they obtained 
waivers. The Court acknowledged that ``this approach may be entirely 
reasonable,'' but it found that the FHWA lacked data to support the 
conclusion that the conditions it imposed on the granting of waivers 
assured consistency with the safe operation of CMVs.
    In order to revalidate the waivers, and to remain consistent with 
the Court's remand, the FHWA is relying upon several research studies 
demonstrating the effectiveness of methods to ascertain the probability 
of an individual experiencing accidents in the future based on accident 
history. The first major effort in this area was done in England by 
Greenwood and Yule in 1920. Subsequent studies, building on that model, 
concluded that accident rates for the same individual exposed to 
certain risks for two different time periods vary only slightly. (See 
Bates and Neyman, University of California Publications in Statistics, 
April 1952.) Other studies demonstrated theories of predicting accident 
proneness from accident history coupled with other factors. These 
factors, such as age, sex, geographic location, mileage driven and 
conviction history, are used every day by insurance companies and motor 
vehicle bureaus to predict the probability of an individual 
experiencing future accidents. (See Weber, Donald C., ``Accident Rate 
Potential: An Application of Multiple Regression Analysis of a Poisson 
Process,'' Journal of American Statistical Association, June, 1971). A 
1964 California Driver Record Study prepared by the California 
Department of Motor Vehicles concluded that the best overall accident 
predictor for both concurrent and nonconcurrent events is the number of 
single convictions. This California study used three consecutive years 
of data, comparing the experience of drivers in the first two years 
with the experience of those same drivers the final year. Copies of the 
several studies relied upon here have been added to the docket.
    Based upon the studies and practices noted above, the FHWA has 
determined that three years safe driving experience with the vision 
deficiency not only allowed for sufficient adjustment by drivers to the 
condition, but also provided for the longest period of experience for 
which records were uniformly available from which to predict future 
performance. As noted above, the California study was limited to a two-
year base period because, like many jurisdictions, the accumulation of 
accurate driver histories does not exceed three years. The use of a 
three-year base period improves the predictability of the future period 
because the longer the period, the more likely the elimination of 
random anomalies. (See Bates and Neyman, University of California 
Publications in Statistics, April 1952.) Therefore, the FHWA believes 
it has required and applied a sufficiently long period of safe driving 
to project continued safe driving over a future period of the same 
duration.
    The FHWA accepted only those drivers with no chargeable accidents 
for the three-year period of most recent driving experience. This 
translated into no chargeable accidents, as verified through motor 
vehicle records, in approximately 300 million vehicle miles travelled 
(VMT), as reported by the applicants. Although the FHWA certainly could 
not conclude that this rate would remain at zero, some of the studies 
noted above concluded that the correlation between the accident 
experience of the same individual over two different time periods was 
strongest when the rate of accidents was lowest. Moreover, the FHWA is 
confident that the chargeable accident rate of the general commercial 
driving population over three years could not be less than 0. In fact, 
the chargeable accident rate for the year 1991, the year prior to the 
inception of the vision study, for the general truck driving population 
was 0.46 per 1 million vmt.
    If the waived drivers were not permitted to continue to drive, they 
would have to be replaced by other drivers. These ``replacement'' 
drivers come from the general commercial driving population, which 
includes new, inexperienced commercial drivers. The FHWA has 
established that the chargeable accident rate for the general 
commercial driving population for the year 1992 well exceeds that of 
the drivers participating in the vision waiver program. Information 
about the past performance of new, inexperienced commercial drivers, 
many of whom are younger in age, does not exist. Studies have shown, 
however, that younger drivers of passenger vehicles produce the highest 
accident rates. Consequently, the agency required a three-year 
experience factor for applicants to the waiver program as a means of 
eliminating a similar risk posed by inexperienced commercial drivers. 
See Wyckoff, D. Truck Drivers in America, D.C. Heath & Co., Lexington, 
Mass. 1979.
    The good driving record demonstrated by the waiver applicants not 
only required the absence of chargeable accidents over a three-year 
period, but also the absence of serious traffic violations and no more 
than two minor traffic violations. According to the California Driver 
Record Study mentioned above, this is the best predictor of future safe 
driving.
    The requirement of three years safe driving experience with the 
vision deficit severely limited participation by the highest accident-
risk age group. Each driver's application was individually examined, 
any missing information was required to be furnished, and each driver 
was measured against the waiver standards to assure that all the 
conditions were met, i.e., individualized determinations were made on 
the basis of complete data submitted by each applicant, to determine 
eligibility for participation in the waiver program.
    The FHWA now has new, significant data, which had also not been 
considered by the Court in reaching its decision, to support its 
present determination. The vision waiver study has now been in effect 
since July 1992, and has collected driver safety and performance data 
periodically for approximately two years. Individuals driving pursuant 
to waivers are required to submit reports of vehicle miles travelled 
monthly. They are also required to report any citation for a moving 
violation involving a CMV and the judicial or administrative 
disposition of such charge, and, within 15 days of occurrence, any 
accident involvement whatsoever while operating a CMV. All accident 
information is verified periodically through each driver's State motor 
vehicle record (MVR) by the FHWA's contractor, Conwal, Inc. of Falls 
Church, Virginia. Participants in the waiver program also submitted, 
prior to their acceptance, detailed information of their individual 
vital statistics, employment history, current status of driving 
privilege as recorded on the licensing State's MVR and the license 
status for the past three years, and expert medical opinion by an 
ophthalmologist or optometrist as to current visual acuity and its 
effect on his or her ability to perform the driving task safely. 
Participating drivers are required to submit annual reports from an 
ophthalmologist or optometrist attesting to the present condition of 
their vision. Any loss of vision bringing them below the waiver 
standard of 20/40 in the better eye results in immediate discharge from 
the program.
    Drivers participating in the program are subject to revocation of 
their waiver for failure to meet certain reporting requirements or if 
the vision in their better eye falls below the required standard. The 
agency strictly holds waived drivers to these requirements and 
standards. As of September 30, 1994, a total of 201 drivers have had 
their waivers revoked. Of that number, 21 drivers were revoked for 
failing to submit an annual medical exam. The remaining 180 drivers 
were revoked for failing to submit monthly driving reports on time. No 
drivers have had their waivers revoked for decreasing visual acuity; 
however, two drivers have voluntarily withdrawn from the program on 
this basis.
    Based upon statistical analysis of this information conducted by 
the contractor, the agency can conclude that the driving performance of 
individuals participating in the vision waiver program is better than 
the driving performance of all CMV drivers collectively, based on data 
obtained from the General Estimates Service (GES). The GES is a 
national survey conducted by the National Highway Traffic Safety 
Administration, and was selected for use as the best measure of the 
prevailing national norm relative to large truck accidents.
    The Third Interim Monitoring Report, prepared by the contractor 
responsible for FHWA's vision waiver program, dated June 27, 1994, 
reported on the cumulative driving performance of those individuals 
participating in the waiver group between July 1992 and February 1994. 
During that period, a total of 211 accidents were reported and a total 
of 136.4 million VMT had been recorded. The number of accidents in this 
period divided by the VMT give an accident rate of 1.547 accidents per 
million VMT. The national accident rate for large truck accidents, as 
reported by the GES for the year 1992, is 2.531 accidents per million 
VMT. A copy of this report is contained in the docket.
    The reports submitted by the drivers are independently verified 
through periodic records checks with State MVDs. While drivers in the 
study are required to report all accident involvement, the State MVDs 
only record accidents warranting reports under existing State 
requirements. Similarly, the GES data only contain accidents recorded 
by State MVDs. Therefore, the drivers in the waiver study are held 
accountable for more accidents than those included in GES statistics.
    The FHWA's contractor, which is performing the data collection, the 
statistical analysis and preparation of the interim reports, was 
subjected to a peer review of its procedures and methodology, a summary 
of which is included in the docket. A Fourth Interim Report is in 
preparation at this time, and covers cumulative activities and mileage 
through June 30, 1994. A review of the data indicates that the 
performance of the study group remains relatively unchanged, as the 
accident rate is only slightly higher than previously reported, i.e. 
1.636 accidents per one million VMT. The completed report will be 
placed in the docket along with all preceding Interim Reports.

FHWA's Determination

    Statistical studies mentioned above support the proposition that 
accident-free performance coupled with low numbers of traffic 
violations over a three-year period is a reliable predictor of 
continued safe performance over a similar period in the future. As a 
condition of admission into the waiver program, each applicant had to 
demonstrate a three-year period of safe driving performance prior to 
being admitted into the study group. The performance data obtained from 
the waived drivers since the study began confirms the FHWA's 
determination that the continued operation of the waived group, as 
provided for in this notice, will not diminish safety. The data also 
show that this class of drivers performed and is performing more safely 
than the pool of drivers from which its replacements would have to be 
drawn, that is, the general driving population. Accordingly, the FHWA 
has determined that to revalidate waivers, as stated in this notice, 
for drivers in the class of drivers defined by the study and operating 
under the conditions of the study is consistent with the safe operation 
of CMVs.
    This evidence, examined in conjunction with the previously 
available medical and scientific evidence, and detailed driving records 
provided prior to acceptance into the waiver program and periodically 
thereafter by each individual participating in the waiver group, 
clearly indicates that the continued operation of CMVs by the group of 
drivers currently participating in the waiver program will not 
adversely affect CMV safety.
    The FHWA has also determined that to conduct the waiver study 
program under the conditions prescribed herein is consistent with the 
public interest of assuring the physical condition of operators of CMVs 
is adequate to enable them to operate the vehicles safely and of 
providing opportunities for drivers with real or perceived visual 
disabilities to demonstrate their ability to drive safely and continue 
in their chosen field of occupation.
    Finally, the FHWA believes that the information contained in this 
notice provides a sufficient degree of empirical evidence to satisfy 
the safety requirement mandated by both the MCSA and the D.C. Circuit 
Court.

Revalidation of Waivers and Request for Comments

    In view of the above, the agency is revalidating the vision waivers 
possessed by drivers as of September 30, 1994, for thirty days from the 
date of this notice.
    The FHWA is also proposing that this evidence is sufficient to 
allow those drivers currently participating in the vision waiver study 
(2,411 as of September 30, 1994) to continue operating CMVs with 
waivers, subject to the same standards and conditions applicable to the 
original waivers, for the duration of the study, which shall conclude 
not later than March 31, 1996. By that date, approximately 93 percent 
of the drivers presently participating in the study will have completed 
at least three years driving in the study program.
    The FHWA is requesting comments on this proposal. A short comment 
period is necessitated by the precarious position in which the drivers 
participating in the study, as well as the FHWA, are placed by virtue 
of the Court's decision. If this determination is delayed, individuals 
who have received a waiver from the application of certain regulations 
will immediately be subject to irreparable harm in the form of job loss 
and financial hardship. Moreover, if the agency allows the waiver 
program to continue without presenting a reasoned analysis and 
justification, it could be found to be acting contrary to the order of 
the Court. Finally, this additional period of 15 days for comments will 
allow for the submission of persuasive reasons why the FHWA should not 
complete its study by revalidating waivers to the study participants 
subject to the same standards or conditions.

Public Hearing on the Vision Standard and Waiver Program

    Due to the strong public interest surrounding this matter, the FHWA 
will conduct a public hearing within six months of the date of this 
notice of determination to explore the remaining issues surrounding the 
vision standard and the vision waiver program. Examples of issues to be 
addressed at the public hearing include:
    (1) The relationship of visual capacity to the commercial driving 
task;
    (2) Identification of research and data helpful in defining the 
vision standard;
    (3) What additional research is needed to help the FHWA define its 
vision standard;
    (4) Upon conclusion of the Vision Waiver Program, what should be 
the driving status of waived drivers, assuming continued safe driving 
performance.
    The FHWA is eager to gain a broader perspective of the public's 
viewpoint concerning other studies, data and experiences which will 
enhance the agency's knowledge on the subject. The FHWA is also 
interested in sharing its data with other researchers and modes which 
may undertake useful analysis and initiate studies leading to more 
enlightened approaches to establishing future physical qualification 
standards, standards that are both necessary and valid to increasing 
opportunities in the truck-driving profession while ensuring that 
society's high expectations of CMV safety are realized. Notice of the 
hearing will be published in the Federal Register and will contain 
further questions to which the agency seeks responses, as well as 
directions on how to obtain information about the data collected during 
the vision waiver study.

Conclusion

    The FHWA will publish, within 30 days of the date of publication of 
this notice, its determination regarding the continuation of the vision 
waiver program through the proposed March 31, 1996 deadline. This 
determination will be based upon comments received in response to this 
notice, as well as all empirical evidence gathered to date.
    If the FHWA determines, based upon comments and related 
information, not to extend the program to such date, the agency will 
publish its rationale for such determination and the date upon which 
waived drivers may no longer operate in interstate commerce. 
Additionally, waived drivers will be notified directly of the agency's 
decision to terminate the program.
    If the FHWA determines, based upon comments and related 
information, that the waiver program may continue until March 31, 1996, 
the agency will also publish that determination as well in the Federal 
Register.

Appendix--The Vision Waiver Standards and Conditions

    The vision waiver application procedure, standards and conditions 
are being reproduced here for informational purposes only. The agency 
is not accepting applications for vision waivers at this time.
    Applicants for a waiver from the vision qualification requirement 
were required to submit their applications on plain paper (there is no 
application form), include all supporting documents, and use the format 
set forth below. Each information item must have been completed by an 
appropriate answer or marked ``None'', or ``NA'' if not applicable.

Vital Statistics

Name of applicant (first name, middle initial, last name);
Address (street number and name);
City, State, and Zip Code; 
Telephone Number (area code and number);
Sex (male or female);
Date of Birth (month, day, and year);
Age; 
Social Security Number; 
State Driver's License Number (List all licenses held during the three-
year period either immediately preceding the date of application, or 
the three-year period immediately preceding the date you last held a 
license (after April 1, 1990) to operate a CMV.);
Issuing State;
Driver's License Expiration Date; and
Driver's License Classification Code (If not a CDL classification code, 
specify what vehicles may be operated under such code).

Experience

    Note: List separately the number of years and the number of 
miles driving for each type of vehicle specified below. If you have 
no experience in a particular type of vehicle, indicate with ``0'' 
or ``None.''

Total number of years driving a commercial motor vehicle;
Number of years driving straight trucks;
Approximate number of miles driving straight trucks;
Number of years driving tractor/trailer combinations;
Approximate number of miles driving tractor/trailer combinations;
Number of years driving buses; and
Approximate number of miles driving buses.

Anticipated Operations After Waiver is Issued

Your employer's/prospective employer's name, address, and telephone 
number;
The type of vehicle you will operate (straight truck, tractor/trailer 
combination, bus);
The commodities that will be transported (e.g., general freight, 
liquids in bulk (in cargo tanks), steel, dry bulk, large heavy 
machinery, refrigerated products);
The States in which you will drive;
The estimated number of miles you will drive per year;
The estimated number of daylight driving hours per week; and
The estimated number of nighttime driving hours per week;

Experience Factor

    An applicant must have accumulated at least three years of 
experience operating a CMV on a regular basis. If the applicant does 
not currently hold a commercial license, that experience must have been 
accumulated during the three years that the applicant most recently 
held a commercial license after April 1, 1990.

    Note: To qualify for a waiver, an applicant must have been 
vision-impaired during the period from the date of the application 
back through the date the documented cumulative three-years of 
driving experience began.

Supporting Documents

    The application must include supporting documents for each of the 
four areas listed below:
    (1) You must submit one of the following:
    (a) A legible photostatic copy of both sides of the commercial 
driver's license (CDL) you now possess; or
    (b) A legible photostatic copy of both sides of the driver's 
license (non-CDL) you now possess; or
    (c) A legible photostatic copy of both sides of the driver's 
license you last possessed to operate a CMV after April 1, 1990; or
    (d) A certification from the State licensing agency showing the 
type and effective dates of your last license;
    (2) That you have operated a CMV for the three-year period 
immediately preceding:
    (a) The date of the application, if you are currently licensed to 
drive a CMV; or
    (b) The date (after April 1, 1990) you last held a valid license to 
operate a CMV by submitting the following:
    (i) A signed statement from all your present and/or past 
employer(s) on company letterhead. If letterhead is unavailable, you 
must obtain a notarized statement from the employer(s). In the event 
your previous employer(s) are no longer in business, or you were 
operating as an independent motor carrier, submit a notarized 
statement, signed by you;
    (ii) Information in the statements must indicate if your job was 
driving a CMV; the type of vehicles you operated; whether it was full-
time or part-time employment (part-time employment must be explained in 
detail); and the dates (month and year) you started and stopped driving 
a CMV;
    (3) A State-issued motor vehicle driving record (MVR) for the 
period from the date of the application back to the date the documented 
cumulative three-years of driving experience began, which:
    (a) Contains no suspensions, cancellations, or revocations of your 
driver's license for the operation (moving violations) of any motor 
vehicle (including your personal vehicle);
    (b) Contains no involvement in an accident, as defined in 49 CFR 
390.5, for which you received a citation and were subsequently 
convicted for a moving traffic violation while operating a CMV;
    (c) Contains no convictions for a disqualifying offense, as defined 
in 49 CFR 383.51(b)(2), or more than one serious traffic violation, as 
defined in 49 CFR 383.5, while driving a CMV which disqualified, or 
should have disqualified, you in accordance with the driver 
disqualification provisions of 49 CFR 383.51; and
    (d) Contains no more than two convictions for any other moving 
traffic violations in a CMV; (You must submit an MVR from each State in 
which you were licensed during that cumulative three-year period);

    Note: The driving record must be furnished by an official State 
agency, on its letterhead, bear the State seal, or official stamp 
and be signed by an authorized State official. No other 
documentation will be accepted. If the MVR shows either convictions 
for moving violations or accident involvement but does not indicate 
the type of vehicle operated or the number of miles above the posted 
speed limit, additional official documentation must be provided by 
you (e.g., a copy of the citation or accident report, or copies of 
court records).

    Special Note: Any waiver applicant who is arrested or cited for, 
or convicted of, any disqualifying offense or other moving violation 
during the period of time the application is pending must 
immediately report such arrests, citations, or convictions to the 
Vision Waiver Program, 400 Seventh Street, SW., Washington, DC 
20590. Failure to do so may result in a denial or rescission of the 
waiver. No waiver will be issued while any charge against an 
applicant, for what would be a disqualifying offense, is still 
pending. Convictions occurring during the processing of the 
application will be considered in the overall driving record.

    (4) That you have been examined by an ophthalmologist or an 
optometrist after the FHWA reaches its decision on the reopening of the 
vision waivers program, and a notice of final disposition announcing 
such decision has appeared in the Federal Register; and that 
ophthalmologist or optometrist, in writing, has:
    (a) Identified and defined the visual deficiency;
    (b) Certified that the visual deficiency has not worsened since the 
last vision examination required by your State's driver licensing 
agency;
    (c) Certified that your visual acuity is at least 20/40 (Snellen), 
corrected or uncorrected, in the better eye; and
    (d) Certified that in his/her professional opinion, you are able to 
perform the driving tasks required to operate a commercial motor 
vehicle.

    Note: Do not submit other medical records, bills, etc.

Conditions for Retaining A Vision Waiver Once Issued

    There would be special requirements attached to any waiver issued 
to a vision-impaired driver. These requirements would be imposed to 
ensure that the FHWA receives the data needed to complete the research 
effort. The reporting requirements, a six month verification of every 
waived driver's MVR, and the CDL standards applicable to waived drivers 
will ensure that unsafe, vision-impaired drivers are removed from 
operation in the same manner as other unsafe drivers. Waived drivers 
will not be afforded any additional privileges that would allow them to 
operate differently from other CMV drivers in interstate commerce. Each 
driver would be required to:
    (a) Report, in writing, any citation for a moving violation 
involving the operation of a CMV to the Vision Waiver Program within 15 
days following issuance (a photostatic copy of the citation issued must 
accompany the written report);
    (b) Report, in writing, the judicial or administrative disposition 
of any citation for a moving violation involving the operation of a CMV 
to the Vision Waiver Program within 15 days following the notice of 
disposition;
    (c) Report, in writing, any accident involvement whatsoever while 
operating a CMV to the Vision Waiver Program within 15 days following 
the accident (include State, insurance company, and/or motor carrier 
accident reports);
    (d) Report, in writing, any change of residential address or 
telephone number to the Vision Waiver Program within 15 days after such 
a change;
    (e) Report, in writing, any change of employer, (include name, 
address, and telephone number of new employer), or type of vehicle 
operated to the Vision Waiver Program within 15 days after such a 
change.
    (f) Submit documentation of an annual examination by an 
ophthalmologist or an optometrist to the FHWA at least 15 days before 
each anniversary of the waiver issuance date, that you have been 
reexamined within the past 6 weeks. The documentation must contain the 
medical specialist's certification that the individual is still 
eligible under the waiver's vision criteria and the vision deficiency 
has not worsened since the last vision examination required by the 
waiver; and
    (g) Report to the Vision Waiver Program, by the 15th calendar day 
of each month (not including the month in which the waiver becomes 
effective), the following information:
    (1) The number of interstate/intrastate miles you drove a 
commercial motor vehicle (CMV) during the preceding month. For example, 
if you drove 3,000 miles for the preceding month (July), you must 
report that information by the 15th day of the next month (August);
    (2) The number of daylight hours and the number of nighttime hours 
you drove a CMV during the preceding month. For example, if you drove 
170 daylight hours and 50 nighttime hours during the preceding month 
(July), you must report that information by the 15th day of the next 
month (August); and
    (3) The number of days you did not drive a CMV during the preceding 
month. For example, if you did not drive a CMV a total of 9 days during 
the preceding month (July), you must report that information by the 
15th day of the next month (August).

    Note: The monthly report should be mailed within the first few 
days of each month in order to ensure that the report will be 
received at the office of the Vision Waiver Program by the 15th day 
of each month.

    If the answer to one or all of the above questions is 0, then state 
``0'' or ``none'', do not leave any question unanswered or it will be 
considered ``Failure to report,'' and your waiver is in jeopardy. All 
documentation described in items (a) through (g) above, must be mailed 
to the Vision Waiver Program, 400 Seventh Street, SW., Washington, DC 
20590. Failure to submit reports within the time periods described 
above may be cause for revocation of the waiver.

(49 U.S.C. 31136 and 31502; 49 CFR 1.48).

    Issued on: September 30, 1994.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 94-24802 Filed 10-5-94; 8:45 am]
BILLING CODE 4910-22-P