Other minor editorial and formatting changes are made throughout the report for clarity, consistency, or as a result of making the report a fillable document. However, FMCSA finds that the minor changes to the Vision Evaluation Report, Form MCSA-5871, do not require revision of FMCSA's time estimate to complete the report. i.e., Commenters did not provide in response to the NPRM or NOA any new data that shows drivers with a horizontal field of vision of 70 degrees in the better eye are less safe than drivers with a field of vision of 120 degrees. This approach of MEs making the physical qualification determination, instead of FMCSA, as in the exemption program, is consistent with Congress' directive in 49 U.S.C. While some of the individuals will already be required to obtain a road test under 391.31, in the absence of the requirement in 391.44(d), FMCSA lacks internal data to estimate how many individuals will already be required to obtain a road test. 01/20/2022 at 8:45 am. Chapters 311 and 315 as they relate to CMV operators, programs, and safety. To be sure someone is there to help you, please call (202) 366-9317 or (202) 366-9826 before visiting Dockets Operations. Accordingly, FMCSA removes there has not been sufficient time and inserts sufficient time has not passed since the vision deficiency became stable. Section 391.44(c)(2)(iv) reads, The individual is not physically qualified to operate a commercial motor vehicle if sufficient time has not passed since the vision deficiency became stable to allow the individual to adapt to and compensate for the change in vision.. To provide additional clarity, the Agency changes no later than to not more than 45 days. Although MnDOT initiated the effort to develop the vision, this is a vision for all forms of transportation, and ownership of the vision is a shared responsibility. The Agency stated in the NPRM that it was not proposing changes to the current vision standard found in 391.41(b)(10) (86 FR 2358). The third commenter stated that, as the study results are mixed, a more detailed study or review of the available literature should be conducted before this rule is finalized. The other commenter stated that a one-time driving test may not be sufficient because individuals know they are under observation and can perform the one test safely. Agencies review all submissions and may choose to redact, or withhold, certain submissions (or portions thereof). FMCSA organizes this final rule as follows: B. FMCSA clarifies in this final rule that only individuals who do not satisfy, with the worse eye, either the distant visual acuity standard with corrective lenses or the field of vision standard, or both, in the existing vision standard are eligible to be physically qualified under the alternative vision standard. This is the same type of communication that occurs when the ME needs to follow up with an individual's primary care provider regarding the individual's health and exchanges information. Address: 3rd Floor, 5th Factory, NO. [22] However, the current number of exemption holders, grandfathered drivers, and applicants denied exemptions annually represents less than 1 percent of all interstate CMV drivers. ATA stated it has consistently advocated that a revised but universally applied vision standard would be superior to the current exemption program and the inconsistency that results from its ad hoc application. ATA noted that its members accept FMCSA's analysis that the Agency `has observed no adverse impact on CMV safety due to the vision exemption program. The removal of the 3-year experience criterion under this final rule will more readily allow these individuals to operate in interstate commerce. Effective immediately FMCSA will not process any requests for exemption under the previous vision exemption program and has removed the Federal Vision Exemption Application Packages from its website. The Agency has determined that the final rule results in cost savings. on The comment period closed on September 23, 2021. The intrastate driving experience criterion has the limitation that some States do not have waiver programs through which drivers can obtain the driving experience necessary to meet the criteria of the Federal vision exemption program. The Agency deletes (if applicable) after the request for a driver's license number because it is not necessary. Consequently, I certify that this action will not have a significant economic impact on a substantial number of small entities. Drivers and carriers should be aware of the regulatory differences among nations. The current literature does not appear to support the argument that there will be no impact on safety., One commenter noted a finding in the November 2016 Analysis Brief that the crash rate of vision exemption drivers was statistically different and higher than the crash rate in the control group. In contrast, one commenter, who has been driving for more than 34 years, stated the vision standard should be left alone. Details of the meeting, including MRB Task 21-1, the MRB Task 21-1 Report, and supporting materials used by the MRB, are posted on the Agency's public website at 31502(b), authorizes the Secretary to prescribe requirements for the qualifications of employees of a motor carrier and the safety of operation and equipment of a motor carrier. NPRM: Comments on the Role of Ophthalmologists and Optometrists: (2) The medical examiner must determine whether the individual meets the physical qualification standards in 391.41 to operate a commercial motor vehicle. In the first paragraph under the new heading Information for the Ophthalmologist or Optometrist, FMCSA adds in the first sentence that the individual is being evaluated as part of the process to determine whether the individual meets FMCSA's vision standard. This table of contents is a navigational tool, processed from the The road test conducted by the employer is separate from the physical qualification determination made by the ME. Subject to limited exceptions, individuals physically qualified under the alternative vision standard for the first time must satisfactorily complete a road test before operating in interstate commerce. This section provides that this rule does not apply to individuals certified under 391.64(b) for 1 year from the effective date of this rule. Another commenter stated that the August 1992 to November 1995 study found the accident rates of the waiver group and control group were significantly lower than that of the national rate. The MRB made the following recommendations: A. https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices Additional information for the assumptions, calculations, and methodology summarized above is provided in the supporting statement for the 391.31 Road Test Requirement ICR. Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACOEM also asked if a modest change in vision in the worse eye over a 5- to 10-year period would be considered stable. Instead of providing information about progressive eye conditions in a table, the report now uses a narrative format. two medical conditions), and removes vision from the list of conditions for which an ME has no discretion. The motor carrier must retain the signed road test form and the signed certificate in the driver qualification file. 2,705,862. A commenter noted that not adopting the alternative vision standard would prolong the process for previously qualified interstate CMV drivers who are no longer able to meet the existing vision standard to return to driving. The MRB stated generally that with respect to the medical aspects of the proposed alternative vision standard, if the MRB did not make a specific recommendation to change a provision, the MRB concurred with the provision as proposed in the January 2021 NPRM. (1) The medical examiner must receive a completed Vision Evaluation Report, Form MCSA-5871, signed and dated by an ophthalmologist or optometrist for each required examination. This road test requirement (or the equivalent skills test for commercial driver's license (CDL) drivers, see 49 CFR 391.33(a)(1)) is an important aspect of the employer's obligation to ensure that drivers they employ can operate a CMV safely, such as pre-employment record checks (49 CFR 391.23(a) and (d)) and the annual review of a drivers safety performance (49 CFR 391.25). Start Printed Page 3409 13563, and does not require an assessment of potential costs and benefits under section 6(a)(3) of E.O. General. It provides that FMCSA acknowledged Data on the relationship between monocular vision and crash involvement is sparse, conflicting with respect to crash risk, and not definitive. Receive email updates about the latest in Safety, Innovation, and Infrastructure. The Agency expects that the Vision Evaluation Report, Form MCSA-5871, will be safeguarded along with all the other medical information that these healthcare providers retain. Instead, the physical qualification determination of individuals in, or who would be applying to, the exemption program will be made by an ME, who is trained and qualified to make such determinations, considering the information received in the Vision Evaluation Report, Form MCSA-5871, from the ophthalmologist or optometrist. 2. Estimated responses: 29, 1996), 5 U.S.C. A person's qualification to drive is determined by a medical examiner who is knowledgeable about the driver's functions and whether the driver's physical condition is adequate to enable the driver to operate the vehicle safely. This repetition of headings to form internal navigation links Evaluation by an ophthalmologist or optometrist. ADDRESSES FMCSA estimates that the final rule will result in incremental cost savings of approximately $1.6 million annually from the elimination of the Federal vision exemption program and contract expenditures (Table 1). Public Law 104-121, 110 Stat. The alternative vision standard uses a collaborative process for physical qualification. documents in the last year, 946 In this final rule, FMCSA establishes an alternative vision standard for individuals who do not satisfy, with the worse eye, either FMCSA's existing distant visual acuity standard with corrective lenses or the field of vision standard, or both, in renumbered 49 CFR 391.41(b)(10)(i) to be physically qualified to operate a CMV in interstate commerce under specified conditions. Official websites use .govA .gov website belongs to an official government organization in the United States. MEs routinely confer with and obtain opinions from treating providers concerning the stability of individuals' underlying medical conditions and how the medical conditions may impact safety. 13175 (Indian Tribal Governments), J. MRB Task 21-1 Report: As indicated above, there are three reporting and recordkeeping tasks motor carriers perform regarding the road test required by 391.31 when they hire a new driver. 12866 (Regulatory Planning and Review), Impact of the Final Rule: Physical Qualification and Road Test, a. As an alternative to the driving experience criterion, FMCSA proposed that individuals physically qualified for the first time ever under the alternative vision standard must satisfactorily complete a road test before operating in interstate commerce, with limited exceptions. ATA also strongly disagreed with FMCSA's assessment that, by eliminating the intrastate CMV experience requirement and replacing it with the mandated road test in 391.31, the alternative vision standard could increase the number of drivers entering the industry without adversely impacting safety. Overview. Thus, the Agency has 30 years of experience evaluating individuals driving all types of CMVs. They commented that, not only will eye care professionals have different opinions on stability, but many MEs will not have sufficient knowledge of vision disorders to evaluate whether an eye disorder is stable or progressive. Specifically, the Agency adds the limitation in 391.41(b)(10)(ii) that a person is physically qualified to operate a CMV who meets the requirements in 391.44, if the person does not satisfy, with the worse eye, either the distant visual acuity standard with corrective lenses or the field of vision standard, or both, in paragraph (b)(10)(i) of this section.. The commenter's characterization of the process for enabling drivers with a vision deficiency to operate a CMV is mistaken. However, it is possible that the ME could issue a certificate that is valid for a shorter time to monitor the condition. NPRM: However, individuals are excepted from the road test requirement if they have 3 years of intrastate or specific excepted interstate CMV driving experience with the vision deficiency, hold a valid Federal vision exemption, or are medically certified under 391.64(b). The Vision Evaluation Report, Form MCSA-5871, is provided to FMCSA only upon request if there is an investigation or audit. One commenter, who has been driving for more than 34 years, stated the vision standards should be left alone. As the MRB recommended, FMCSA adds the alternative vision standard that individuals with monocular vision, as defined by FMCSA, must satisfy to be physically qualified. The 30 years of experience with the vision waiver study and exemption programs has shown that individuals with vision loss in one eye are not limited by their lack of binocularity with respect to driving once they have adapted to and compensated for the change in vision. The webinar also provides a review of the new Vision Evaluation Report, Form MCSA-5871 and its requirements. 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 new alternative vision standard requires that the individual: have, in the better eye, distant visual acuity of at least 20/40 (Snellen), with or without corrective lenses, and field of vision . Fourteen commenters were anonymous. It is based on actual reports from credentialed professionals. The commenter noted that safeguards will be in place to catch and mitigate any safety issues. For example, an ME makes the vision determinations instead of an FMCSA employee. For those who do not obtain an MEC, Form MCSA-5876, the result may or may not have been the same under the vision exemption program. One commenter noted a finding in the November 2016 Analysis Brief that the crash rate of vision exemption drivers was statistically different and higher than the crash rate in the control group. Federal Motor Carrier Safety Administration, United States Department of Transportation, National Registry of Certified Medical Examiners, ADA Requirements for Over-the-Road Bus Companies, Apply for a New USDOT Number and/or Authority, Pocket Guide to Large Truck and Bus Statistics, National Registry Technical Support Request Form, Vision Evaluation Report Form MCSA-5871_0.pdf. The Qualification of Drivers; Vision Standard final rule (87 FR 3390, Jan. 21, 2022) requires that at least annually, an individual who does not satisfy, with the worse eye, either the distant visual acuity standard with corrective lenses or the field of vision standard, or both, must be medically examined and certified by a Medical Examiner as physically qualified to operate a commercial motor vehicle. FLHSMV requires vision forms depending on the age of the driver and medical follow-ups. The new alternative vision standard replaces the current vision exemption program as the basis for determining the physical qualification of these individuals. Commenters provided no new information or data that persuades the Agency to depart from its conclusion that the safety performance of individuals in the vision waiver study and the current exemption programs is at least as good as that of A maximum of 868 motor carriers will be impacted in a given year. Thus, the approach in the alternative vision standard is consistent with the vision exemption program. The MRB's recommendations and public comments responsive to them are addressed where applicable in the discussion of comments and responses below. In other words, even if an individual with the vision deficiency is certified as physically qualified by an ME for the first time under the alternative standard, CMV operation will not be permitted by the individual unless and until safe operation can be demonstrated. With respect to question 7 on page 2, which asks if the individual has monocular vision as defined by FMCSA, the Agency includes a follow-up request. Guidance for specific regulations is available through the Guidance Portal on FMCSA's website. documents in the last year. Secure .gov websites use HTTPS at the beginning of this final rule. provided: (4) On March 22, 2022, the provisions of paragraph (b) of this section are no longer in effect, and any medical examiner's certificate issued under 391.43 on the basis that the driver is qualified by operation of the provisions of paragraph (b) of this section, related to drivers with visual impairment in one eye, is void. (3) An individual physically qualified under this section for the first time is not required to complete a road test in accordance with 391.31 if the motor carrier responsible for completing the road test under 391.31(b) determines the individual possessed a valid commercial driver's license or non-commercial driver's license to operate, and did operate, a commercial motor vehicle in either intrastate commerce or in interstate commerce excepted by 390.3T(f) of this subchapter or 391.2 from the requirements of this subpart with the vision deficiency for the 3-year period immediately preceding the date of physical qualification under this section for the first time. The motor carrier retains in the driver qualification file the original signed road test form and the original, or a copy, of the signed certificate of driver's road test (49 CFR 391.31(g)(1) and (2)). This process is no different from current practice for other conditions when an ME makes a request for a referral to or consultation with another appropriate healthcare provider. 114, Pub. Sections 391.31 and 391.51 are based on the authority of the Motor Carrier Act of 1935[28] There is nothing different about evaluating a motor vehicle record for an individual medically certified under the alternative vision standard as compared to any other driver. October 28, 2022 at 11:11 am. Here is what you need to know. 601(6)). FMCSA deletes certified before medical examiner in this section, as well as in the Information for the Ophthalmologist or Optometrist section, because it is no longer necessary. If an individual required to have a road test by paragraph (d)(1) of this section successfully completes the road test and is issued a certificate of driver's road test in accordance with 391.31, then any otherwise applicable provisions of 391.33 will apply thereafter to such individual. The Infrastructure Investment and Jobs Act, also known as the "Bipartisan Infrastructure Law," is the largest long-term investment in our infrastructure and economy in our nation's history.It provides $550 billion over fiscal years 2022-2026 in new federal investment in roads, bridges, and mass transit, water infrastructure, resilience, and broadband. exemption from the standard to operate CMVs in interstate commerce (49 CFR part 381, subpart C). FMCSA agrees with the MRB that reordering the medical opinions and information about progressive eye conditions improves the report. ATA, ACOEM, and Concentra commented generally that establishing an alternative vision standard contradicts the MRB's advice, which they stated consistently supported continuing the existing vision standards and current exemption program. Considering the long period over which the vision waiver and exemption programs have operated, the Agency has sufficient information and experience to reach generalized conclusions. Therefore, FMCSA opted for a conservative approach of assuming all 868 individuals would require a road test. This rule does not change the existing vision standard. 11/08/2022, 810 Therefore, FMCSA considers this final rule to be safety neutral. Specifically, drivers are considered neither a small business under section 601(3) of the RFA, nor are they considered a small organization under section 601(4) of the RFA. et seq. The commenter asked if there could be direct numbers or procedures assigned to the driver's eye evaluation to prevent that from happening. Another commenter also noted an improvement in the field of vision due to compensation when compared to before the vision loss. Therefore, employers should apply the same road test requirements to all drivers. in addition to the costs of road tests already required. To determine the NAICS industries potentially affected by this rule, FMCSA cross-referenced occupational employment statistics from the BLS with NAICS industry codes. Specifically, the ophthalmologist or the optometrist performs a vision evaluation and completes the required Vision Evaluation Report, Form MCSA-5871, based on the clinical findings of the evaluation of the individual and knowledge of the individual's medical history. FMCSA adds a follow-up request in question 11 for the date the vision deficiency became stable if it is deemed stable. Finally, the proposed 12-month maximum certification period ensures a driver will be re-evaluated in a year to determine continued eligibility for CMV driving. As described in the NPRM, individuals will be excepted from the road test requirement if they have 3 years of intrastate or specific excepted interstate CMV driving experience with the vision deficiency, hold a valid Federal vision exemption, or are medically certified under 391.64(b). The ICR estimates the information-collection burden incurred by motor carriers associated with the 391.31 road test in two circumstances. ATA strongly objected to FMCSA's use of vision exemption program data without factoring in the safety implications of removing essential safeguards of the program. The Agency noted the available information did not establish strong relationships between specific measures of vision and their correlation to driver safety. [15] Then, an ME performs a physical qualification examination and determines whether the individual meets the alternative vision standard, as well as FMCSA's other physical qualification standards. This document has been published in the Federal Register. Motor carriers and drivers are subject to the laws and regulations of the countries in which they operate unless an international agreement states otherwise. Three commenters endorsed requiring an individual to be seen by an ophthalmologist or optometrist. MRB Task 21-1 Report: You must meet the Federal DOT medical certificate requirements. (last accessed Aug. 17, 2021). Contrary to the implication by one commenter, FMCSA finds no basis for the assertion that the experience of drivers in the programs occurred in limited markets with less traffic. Comments should be submitted to OIRA at OMB as provided in the informational resource until the Administrative Committee of the Federal Comments to the NOA Outside the Scope of the Rulemaking: Estimated cost: The alternative vision standard with its collaborative physical qualification approach and one-time road test ensures drivers are visually capable of driving a CMV safely before they operate a CMV in interstate commerce. These tools are designed to help you understand the official document Submitted comments may not be available to be read until the agency has approved them. documents in the last year, 500 13563 (76 FR 3821 (Jan. 21, 2011)), Improving Regulation and Regulatory Review; and DOT's regulatory policies and procedures. NPRM: FMCSA uses collaborative to describe the process The assessment considers impacts of the rule on the privacy of information in an identifiable form and related matters. Official websites use .govA .gov website belongs to an official government organization in the United States. That section goes on to specify the minimum tasks that the employer must include in the road test, all of which are essential aspects for safe operation of the particular CMV to be operated by the individual. Conformity with guidance is voluntary. These individuals have already demonstrated they can operate a CMV safely with the vision deficiency. FMCSA proposed that an ophthalmologist or optometrist would record the findings from the vision evaluation and provide specific medical opinions on the Vision Evaluation Report, Form MCSA-5871. However, the SBA, in guidance to government agencies, provides some objective measures of significance that the agencies can consider using. 10. The additional information could assist MEs to evaluate whether the period over which the individual adapted to and compensated for the change in vision seems reasonable. FMCSA makes other minor changes for clarity, grammar, and to delete the use of pronouns. All but two of the standards require a judgment by the medical examiner. The Road Test Requirement Creates a Burden on Motor Carriers, 3. Comments on the Alternative Vision Standard Creates More Employment Opportunities: e.g., Weight: 2.1 oz / 60 g (sight only) Submersible to 115 feet (35 meters) Optimized for pistol and applications which require a low-profile red dot system. Response: DOT Drug and Alcohol Clearinghouse 1200 New Jersey Avenue SE Our guests praise the breakfast and the helpful staff . 31149(d)). A motor carrier would only make the information available when requested by an FMCSA or State safety investigator for an investigation or audit. FMCSA continues to find that at least annual vision evaluations are appropriate for individuals physically qualified under the alternative vision standard. The MRB further noted that question 12 sufficiently implies that time is needed to adapt and compensate for the change in vision, but appropriately relies on the ophthalmologist or optometrist conducting the vision evaluation to determine the appropriate period of time on a case-by-case basis. Twenty commenters generally opposed the proposed rule (including commenters who supported the proposal in concept but wanted further study before implementing it). This rule will affect many different industry sectors in addition to the Transportation and Warehousing sector (NAICS sectors 48 and 49); for example, the Construction sector (NAICS sector 23), the Manufacturing sector (NAICS sectors 31, 32, and 33), and the Retail Trade sector (NAICS sectors 44 and 45). The alternative vision standard emphasizes the separate but collaborative roles of ophthalmologists or optometrists and MEs in the medical certification process. In response to the NOA on the MRB Task 21-1 Report, FMCSA received 14 submissions. The minimum requirements are: Binocular vision Visual acuity (Snellen) of at least 20/40 or better in each eye A field of vision of at least 70 degrees in each eye The ability to distinguish between red, green and amber colors FMCSA disagrees that under the alternative vision standard more responsibility or liability is shifted to MEs for which they are not trained or have experience. Relevant information about this document from Regulations.gov provides additional context. Instead, ophthalmologists and optometrists who are trained to evaluate vision and know what constitutes stable vision are to provide medical opinions regarding when an individual's vision is stable. This PDF is The other commenter asked what would prevent a driver with recent loss of vision from doctor shopping until the driver finds an ophthalmologist or optometrist who is willing to state the driver has adjusted to the loss of vision. 30. The purpose of establishing the Department was to coordinate and administer Federal transportation programs; provide leadership .
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