Rule2026-03258
Qualifications of Drivers; Vision Standards Grandfathering Provision
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 19, 2026
Effective
March 23, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA amends the Federal Motor Carrier Safety Regulations to remove the grandfathering provision under the physical qualifications standards for interstate drivers operating under the vision waiver study program administered from 1992 through 1994, and the vision exemption program operated from 1998 through 2022, as the grandfathering provision is now obsolete. FMCSA's current rules permit individuals who do not satisfy, with the worse eye, either the existing distant visual acuity standard with corrective lenses or the field of vision standard, or both, to be physically qualified to operate a commercial motor vehicle (CMV) in interstate commerce under specified conditions.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 33 (Thursday, February 19, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 33 (Thursday, February 19, 2026)]
[Rules and Regulations]
[Pages 7864-7867]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03258]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 391
[Docket No. FMCSA-2025-0113]
RIN 2126-AC87
Qualifications of Drivers; Vision Standards Grandfathering
Provision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: FMCSA amends the Federal Motor Carrier Safety Regulations to
remove the grandfathering provision under the physical qualifications
standards for interstate drivers operating under the vision waiver
study program administered from 1992 through 1994, and the vision
exemption program operated from 1998 through 2022, as the
grandfathering provision is now obsolete. FMCSA's current rules permit
individuals who do not satisfy, with the worse eye, either the existing
distant visual acuity standard with corrective lenses or the field of
vision standard, or both, to be physically qualified to operate a
commercial motor vehicle (CMV) in interstate commerce under specified
conditions.
DATES: Effective March 23, 2026. Petitions for reconsideration of this
final rule must be submitted to the FMCSA Administrator no later than
March 23, 2026.
FOR FURTHER INFORMATION CONTACT: Evangela Hollowell, Acting Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001; (202) 527-4750; <a href="/cdn-cgi/l/email-protection#583e353b2b39353d3c313b3934183c372c763f372e"><span class="__cf_email__" data-cfemail="bbddd6d8c8dad6dedfd2d8dad7fbdfd4cf95dcd4cd">[email protected]</span></a>. Office
hours are from 8:30 a.m. to 5 p.m. ET Monday through Friday, except
Federal holidays. If you have questions on viewing or submitting
material to the docket, call Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION: FMCSA organizes this final rule as follows:
I. Availability of Rulemaking Documents
II. Background
III. Abbreviations
IV. Legal Basis
V. Discussion of the Proposed Rulemaking and Comments
A. Proposed Rulemaking
B. Comments and Responses
C. Final Rule
V. International Impacts
VI. Section-by-Section Analysis
VII. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
C. Advance Notice of Proposed Rulemaking
D. Regulatory Flexibility Act
E. Assistance for Small Entities
F. Unfunded Mandates Reform Act of 1995
G. Paperwork Reduction Act
H. E.O. 13132 (Federalism)
I. Privacy
J. E.O. 13175 (Indian Tribal Governments)
K. National Environmental Policy Act of 1969
I. Availability of Rulemaking Documents
To view any documents mentioned as being available in the docket,
go to <a href="https://www.regulations.gov/docket/FMCSA-2025-0113/document">https://www.regulations.gov/docket/FMCSA-2025-0113/document</a> and
choose the document to review. To view comments, click this final rule,
then click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
at U.S. Department of Transportation, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., 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. Abbreviations
CE Categorical Exclusion
CFR Code of Federal Regulations
CMV Commercial motor vehicle
DOT Department of Transportation
FHWA Federal Highway Administration
FMCSA Federal Motor Carrier Safety Administration
FR Federal Register
ME Medical examiner
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
PIA Privacy Impact Assessment
PII Personally Identifiable Information
PTA Privacy Threshold Assessment
UMRA Unfunded Mandates Reform Act of 1995
U.S.C. United States Code
III. Background
FMCSA's mission is to reduce crashes, injuries, and fatalities
involving large trucks and buses. As discussed above, FMCSA is
authorized by statute to establish minimum physical qualification
standards for drivers of CMVs operating in interstate commerce.
[[Page 7865]]
Physical qualification requirements date back to 1937, as implemented
by the ICC's Bureau of Motor Carrier Safety (2 FR 113, Jan. 22, 1937).
Regulations setting forth the physical qualification standards are
currently found in 49 CFR part 391, with the vision requirements at 49
CFR 391.41(b)(10).
The Federal Highway Administration (FHWA), which administered the
physical qualification standards for CMV drivers prior to the transfer
of this function to FMCSA, revised the vision standard in 1970 (35 FR
6458, 6463, Apr. 22, 1970). Although medical examiners (MEs) who are
knowledgeable about the on-the-job functions performed by a commercial
driver make the determination about a driver's qualifications and
whether the driver has a condition that would interfere with the
operation of a CMV for most of the 13 physical qualification standards,
FHWA's vision standard was absolute and provided no discretion to the
ME. Thus, any individual who did not meet the vision standard in its
entirety could not be physically qualified to drive a CMV in interstate
commerce.
In July 1992, FHWA announced its decision to issue waivers of the
vision requirements and published the final criteria for the vision
waiver study program (57 FR 31458, July 16, 1992). Under the vision
waiver study program, FHWA issued waivers to drivers following an
individual determination of each driver's capability to operate a CMV
safely. On August 2, 1994, the United States Court of Appeals for the
District of Columbia Circuit found that FHWA's determination that the
vision waiver study program would not adversely affect the safe
operation of CMVs lacked empirical support in the record (Advocates for
Highway and Auto Safety v. FHWA, 28 F.3d 1288, 1294 (D.C. Cir. 1994)).
Accordingly, the court found that FHWA failed to meet the exacting
statutory requirements to grant a waiver. Consequently, the court
concluded that FHWA's adoption of the waiver program was contrary to
law and vacated and remanded the decision to FHWA.
On November 17, 1994, FHWA published notice of its final
determination to continue the vision waiver study program through March
31, 1996, and announced a change in the research plan (59 FR 59386). On
March 26, 1996, FHWA issued a rule to allow those drivers participating
in the vision waiver study program and holding valid waivers from the
vision standard to continue to operate in interstate commerce after
March 31, 1996 (61 FR 13338). FHWA amended 49 CFR part 391 by adding a
new provision at section 391.64 to grant grandfather rights to these
drivers, subject to certain conditions.
Following the enactment of the Transportation Equity Act for the
21st Century (TEA-21) (Pub. L. 105-178, 112 Stat. 107, 401, June 9,
1998), which made amendments to the statutes governing exemptions, FHWA
established a vision exemption program on December 8, 1998 (63 FR
67600). FHWA, and later FMCSA, monitored the safety performance of
drivers in the vision waiver study and the current exemption programs
continuously. Based on the experience with the vision waiver study and
exemption programs, FMCSA determined that the safety performance of
individuals in these programs is at least as good as that of the
general population of CMV drivers. Accordingly, in 2022, FMCSA amended
its regulations to permit an individual who does not satisfy, with the
worse eye, either the existing distant visual acuity standard with
corrective lenses or the field of vision standard, or both, to be
physically qualified to operate a CMV in interstate commerce if the
individual satisfies the new alternative vision standard found at
section 391.44, along with FMCSA's other physical qualification
standards and other requirements (87 FR 3390, Jan. 21, 2022). The 2022
rule eliminated the need for both the vision exemption program that
then existed and the grandfather provision in section 391.64 for
drivers operating under the previously administered vision waiver study
program.
The grandfathering provision remained in effect until March 22,
2023. After that date, all drivers were required to meet the new
alternative vision standard and all Medical Examiner Certificates, Form
MCSA-5876, issued under section 391.64 were voided. As the
grandfathering provision is no longer applicable to any drivers, FMCSA
has determined it should now be removed.
IV. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(a) and 31502(b)--
delegated to the Agency by 49 CFR 1.87(f) and (i), respectively--to
establish minimum qualifications, including physical qualifications,
for individuals operating commercial motor vehicles (CMVs) in
interstate commerce. Section 31136(a)(3) requires specifically that the
Agency's safety regulations ensure that the physical condition of CMV
drivers is adequate to enable them to operate their vehicles safely and
that certified MEs trained in physical and medical examination
standards perform the physical examinations required of such drivers.
In addition to the statutory requirements specific to the physical
qualifications of CMV drivers, section 31136(a) requires the Secretary
of Transportation (Secretary) to issue regulations on CMV safety,
including regulations to ensure that CMVs ``are maintained, equipped,
loaded, and operated safely'' (section 31136(a)(1)). The remaining
statutory factors and requirements in section 31136(a), to the extent
they are relevant, are also satisfied here. The final rule will not
impose any ``responsibilities . . . on operators of [CMVs that would]
impair their ability to operate the vehicles safely'' (section
31136(a)(2)), or ``have a deleterious effect on the physical
condition'' of CMV drivers (section 31136(a)(4)). FMCSA also does not
anticipate that drivers will be coerced to operate a vehicle because of
this final rule (section 31136(a)(5)).
Finally, prior to prescribing any regulations, FMCSA must consider
their ``costs and benefits'' (49 U.S.C. 31136(c)(2)(A) and 31502(d)).
Those factors are discussed in the Regulatory Analyses section of this
final rule.
V. Discussion of Proposed Rulemaking and Comments
A. Proposed Rulemaking
In a proposed rulemaking published on May 30, 2025 (90 FR 22912),
FMCSA proposed removing 49 CFR 391.64(b), which set out the
requirements for participants in the vision waiver study program to
remain grandfathered into that program until March 22, 2023. This
change will not affect any current CMV drivers because, under the 2022
final rule, all drivers have been required to satisfy the alternative
vision standard set out at 49 CFR 391.44 since March 22, 2023.
While the 2022 final rule amended 49 CFR 391.64(b) to include the
date the provisions of that paragraph would no longer be in effect, it
did not contain any instructions for the removal of those provisions
from the CFR. Thus, the Agency proposed removing the obsolete language
from FMCSA's regulations.
B. Comments and Responses
FMCSA solicited comments concerning the NPRM for 60 days ending
July 29, 2025. By that date, the Agency received three comments. The
American Trucking Associations and the Owner-Operator Independent
Drivers Association both supported removing the obsolete provision. The
third comment, received from an
[[Page 7866]]
individual commenter, raised issues outside of the scope of this
rulemaking.
C. Final Rule
The Agency did not receive any suggestions for modifications or
comments that would cause it to reevaluate its proposal during the
public comment period. Therefore, FMCSA is finalizing the rule as
proposed, without change.
VI. International Impacts
Motor carriers and drivers are subject to the laws and regulations
of the countries where they operate, unless an international agreement
states otherwise. Drivers and carriers should be aware of the
regulatory differences between nations.
VII. Section-by-Section Analysis
This section-by-section analysis describes the changes in numerical
order.
SECTION 391.64 Grandfathering for certain drivers who participated
in a vision waiver study program.
FMCSA will remove 49 CFR 391.64 (b). As paragraph (a) is currently
reserved, the title of the section will be amended to indicate that the
entire section is now reserved.
VIII. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review) and
DOT Regulatory Policies and Procedures
FMCSA has considered the impact of this final rule under E.O. 12866
(58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, and DOT
Order 2100.6B.\1\ The Office of Information and Regulatory Affairs
within the Office of Management and Budget (OMB) determined that this
final rule is not a significant regulatory action under section 3(f) of
E.O. 12866 and has not reviewed it under that E.O.
---------------------------------------------------------------------------
\1\ DOT Order 2100.6B is available at <a href="https://www.transportation.gov/regulations/dot-order-21006b-policies-and-procedures-rulemakings">https://www.transportation.gov/regulations/dot-order-21006b-policies-and-procedures-rulemakings</a>.
---------------------------------------------------------------------------
This final rule will remove obsolete language that is no longer
relevant. FMCSA does not expect that any regulated entities will change
their behavior as a result of this rule, and therefore the final rule
will not result in any impacts to regulated entities other than
removing unnecessary language from the CFR. It could result in some
cost savings by reducing the amount of time to become familiar with the
regulations. FMCSA assumes any realized cost savings to be de minimis.
FMCSA does not have data to estimate the reduction in costs that will
result from this final rule.
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192 (90 FR 9065, Jan. 31, 2025), Unleashing Prosperity
Through Deregulation, requires that for ``each new [E.O. 14192
regulatory action] issued, at least ten prior regulations be identified
for elimination.'' \2\
---------------------------------------------------------------------------
\2\ Executive Office of the President, Executive Order 14192 of
January 31, 2025, Unleashing Prosperity Through Deregulation, 90 FR
9065-9067, (Feb. 6, 2025).
---------------------------------------------------------------------------
Implementation guidance for E.O. 14192 issued by OMB (Memorandum M-
25-20, Mar. 26, 2025) defines two different types of E.O. 14192
actions: an E.O. 14192 deregulatory action, and an E.O. 14192
regulatory action.\3\
---------------------------------------------------------------------------
\3\ OMB, Guidance Implementing Section 3 of Executive Order
14192, Titled ``Unleashing Prosperity Through Deregulation,''
Memorandum M-25-20, (Mar. 26, 2025).
---------------------------------------------------------------------------
An E.O. 14192 deregulatory action is defined as ``an action that
has been finalized and has total costs less than zero.'' This final
rule is expected to have total costs less than zero and therefore is
considered an E.O. 14192 deregulatory action. The cost savings of this
final rule could not be quantified.
Congressional Review Act
This rule is not a major rule as defined under the Congressional
Review Act (5 U.S.C. 801-808).'' \4\
---------------------------------------------------------------------------
\4\ A major rule means any rule that OMB finds has resulted in
or is likely to result in (a) an annual effect on the economy of
$100 million or more; (b) a major increase in costs or prices for
consumers, individual industries, geographic regions, Federal,
State, or local government agencies; or (c) significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and export
markets (5 U.S.C. 804(2)).
---------------------------------------------------------------------------
D. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,\5\
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. The term small entities means small
businesses and not-for-profit organizations that are independently
owned and operated and are not dominant in their fields, and
governmental jurisdictions with populations of less than 50,000 (5
U.S.C. 601(6)). Accordingly, DOT policy requires an analysis of the
impact of all regulations on small entities, and mandates that agencies
strive to lessen any adverse effects on these businesses.
---------------------------------------------------------------------------
\5\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
---------------------------------------------------------------------------
No regulatory flexibility analysis is required, however, if the
head of an agency or an appropriate designee certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. This final rule will remove obsolete regulatory text
that is no longer impacting regulated entities and will not impose
costs or benefits. Therefore, it will not impact a substantial number
of small entities. It can result in some cost savings by reducing the
amount of time necessary to become familiar with the regulations. FMCSA
considers any realized cost savings to be de minimis. Consequently, I
certify that the final rule will not have a significant economic impact
on a substantial number of small entities.
E. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857),
FMCSA wants to assist small entities in understanding this final rule
so they can better evaluate its effects on themselves and participate
in the rulemaking initiative. If the final rule will affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
consult the person listed under FOR FURTHER INFORMATION CONTACT.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman (Office of the National
Ombudsman, see <a href="https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman">https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman</a>) and the Regional Small Business Regulatory Fairness
Boards. The Ombudsman evaluates these actions annually and rates each
agency's responsiveness to small business. If you wish to comment on
actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247).
DOT has a policy regarding the rights of small entities to regulatory
enforcement fairness and an explicit policy against retaliation for
exercising these rights.
F. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. The Act addresses actions that may result in the
expenditure by a State, local, or Tribal government, in the aggregate,
or by the private sector of $206 million (which is the value
[[Page 7867]]
equivalent of $100 million in 1995, adjusted for inflation to 2024
levels) or more in any 1 year. Because this final rule will not result
in such an expenditure, a written statement is not required.
G. Paperwork Reduction Act
This final rule contains no new information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
H. E.O. 13132 (Federalism)
A rule has implications for federalism under section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.''
FMCSA has determined that this final rule will not have substantial
direct costs on or for States, nor will it limit the policymaking
discretion of States. Nothing in this document preempts any State law
or regulation. Therefore, this final rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Impact Statement.
I. Privacy
The Consolidated Appropriations Act, 2005,\6\ requires the Agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. This final rule will not require the collection
of personally identifiable information (PII).
---------------------------------------------------------------------------
\6\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
---------------------------------------------------------------------------
The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency that receives records contained in a system
of records from a Federal agency for use in a matching program.
The E-Government Act of 2002,\7\ requires Federal agencies to
conduct a Privacy Impact Analysis (PIA) for new or substantially
changed technology that collects, maintains, or disseminates
information in an identifiable form. No new or substantially changed
technology will collect, maintain, or disseminate information as a
result of this final rule. Accordingly, FMCSA has not conducted a PIA.
---------------------------------------------------------------------------
\7\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17,
2002).
---------------------------------------------------------------------------
In addition, the Agency submitted a Privacy Threshold Assessment
(PTA) to evaluate the risks and effects the rulemaking may have on
collecting, storing, and sharing personally identifiable information.
The PTA was adjudicated by DOT's Chief Privacy Officer on September 17,
2025.
J. E.O. 13175 (Indian Tribal Governments)
This final rule does not have Tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes.
K. National Environmental Policy Act of 1969
FMCSA analyzed this final rule pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Agency
believes this final rule will not have a reasonably foreseeable
significant effect on the quality of the human environment. This action
falls under a published categorical exclusion (CE) and is thus excluded
from further analysis and documentation in an environmental assessment
or environmental impact statement under DOT Order 5610.1D,\8\ Subpart
B, paragraphs (e)(6)(b) and (e)(6)(z)(1). The CE in paragraph (e)(6)(b)
covers regulations that are procedural or technical in nature, and
(e)(6)(z)(1) covers the minimum qualifications for persons who drive
CMVs.
---------------------------------------------------------------------------
\8\ Available at <a href="https://www.transportation.gov/mission/dots-procedures-considering-environmental-impacts">https://www.transportation.gov/mission/dots-procedures-considering-environmental-impacts</a>.
---------------------------------------------------------------------------
List of Subjects in 49 CFR Part 391
Motor carriers, Reporting and recordkeeping requirements, Safety,
Transportation.
Accordingly, FMCSA amends 49 CFR part 391 to read as follows:
PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS
0
1. The authority citation for part 391 continues to read as follows:
Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149, 31502; sec.
4007(b), Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114, Pub. L.
103-311, 108 Stat. 1673, 1677; sec. 215, Pub. L. 106-159, 113 Stat.
1748, 1767; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; secs.
5403 and 5524, Pub. L. 114-94, 129 Stat. 1312, 1548, 1560; sec. 2,
Pub. L. 115-105, 131 Stat. 2263; and 49 CFR 1.87.
Sec. 391.64 [Removed and Reserved]
0
2. Remove and reserve section 391.64.
Issued under authority delegated in 49 CFR 1.87.
Derek Barrs,
Administrator.
[FR Doc. 2026-03258 Filed 2-18-26; 8:45 am]
BILLING CODE 4910-EX-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 19, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.