Both Concentra and ACOEM commented than any discussion of field of vision should specify if it is from nasal, temporal, or total. The MRB notes it does not have sufficient data to establish a specific waiting period for an individual who has a new vision deficiency. My Response to comments: A detailed discussion of the rationale for the proposed alternative vision standard is set forth in the NPRM (86 FR 2356-61) and will not be repeated here. The rule includes safeguards to ensure that only individuals who have developed the skills to adapt to and compensate for the vision loss will be physically qualified. Additional employment opportunities may also result from the removal of the 3 years of intrastate driving experience requirement, which is a criterion of the current exemption program. This rule establishes an alternative vision standard, as proposed in the NPRM (86 FR 2344 (Jan. 12, 2021)), with minor clarifications. Post-operative fractures of the right knee, ankle, thigh, or calf bone: Patients could reasonably return to driving after six weeks of weight-bearing therapy. (1) During the evaluation of the individual, the ophthalmologist or optometrist must complete the Vision Evaluation Report, Form MCSA-5871. FMCSA changes a citation in paragraph (d)(4) from 391.41(b)(10) to 391.41(b)(10)(i) to clarify that the existing vision standard is being referenced. FMCSA data as of August 5, 2021. Concentra also commented that the alternative vision standard shifts responsibility to the employer for performing a road test. 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. 31149(a)). The information documents the driver's ability to operate a CMV safely. The commenter also stated the rule would reduce barriers of entry. 601 note. FMCSA removes section II.J., Vision: 391.41(b)(10), in the Medical Advisory Criteria of appendix A to part 391 in its entirety as proposed. driving task] on a sustained basis, regardless of whether it is limited to a specific operational design domain (ODD); this term is used specifically to describe a Level 3, 4, or 5 driving automation system." SAE International J3016_201806 Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles. Estimated responses: with respect to the information collection titled Medical Qualification Requirements, FMCSA attributes 2,236 annual burden hours at a cost of $67,486 for drivers to request and maintain a vision exemption. The Vision Evaluation Report, Form MCSA-5871, contains the information necessary for an ME to determine whether the individual satisfies the existing vision standard using more sophisticated testing equipment or requires certification under the alternative vision standard. The benefits, at a minimal cost, to the carriers and the industry of additions to the pool of CMV drivers are clear. NPRM: Burden estimates: Visual Disorders and Commercial Drivers. In addition, FMCSA changes physical examinations to physical qualification examinations to reflect current Agency terminology. 868 motor carriers. A Rule by the Federal Motor Carrier Safety Administration on 01/21/2022. To do so, the driver must submit a letter of application and supporting documents to enable FMCSA to evaluate the safety impact of the exemption. So, how are speed limits set? 31136(a)(3)). Therefore, this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Impact Statement. $52,130. To estimate costs, FMCSA assumes a compliance officer will be the person who will complete the road test form and associated certificate, and a file clerk will be the person who will store the documents. FMCSA clarifies in the last of the four standards that there must be a period for the individual to adapt to and compensate for the vision loss after the vision deficiency is deemed stable by a medical professional. In addition, the net effect of the rule with respect to costs is a reduction of $15,356 ($52,130 related to the report $67,486 related to the current vision exemption program = $15,356). As stated in the NPRM, and affirmed by Dr. Morris, it is well recognized in the medical literature that individuals with vision loss in one eye can and do develop compensatory viewing behavior to mitigate the vision loss. The proposed alternative vision standard, however, seems to allow any driver to meet the vision standard if vision in one eye is at least 20/40 with or without corrective lenses. Finally, the MRB's 2021 recommendations supersede its 2019 recommendations. Revision of a currently approved information collection. They stated a simple road test cannot substitute for drivers lacking experience operating CMVs. They stated that removing the 3-year driving experience requirement will only amplify this issue. Response: My experience in treating patients with the loss of vision in one eye is that these individuals, over time, are not limited by their lack of binocularity with respect to driving once they have adapted to and compensated for the change in vision., OOIDA stated the prolonged period of required intrastate driving can discourage drivers from staying in the industry. There are approximately 1,806 grandfathered drivers. In addition, the Agency fails to discern different considerations for administering road tests for drivers physically qualified under the alternative vision standard as compared to drivers who are not. Previously qualified interstate CMV drivers who are no longer able to meet either the distant visual acuity or field of vision standard, or both, in one eye would be able to return sooner to operating interstate. After 1 year, any MEC, Form MCSA-5876, issued under 391.64(b) will be void. these drivers represent less than 0.1 percent of the population. FMCSA continues to find that once an individual has adapted to and compensated for the loss of vision in one eye the individual has the visual capacity to operate a CMV safely. Rather than continuing the criterion, FMCSA proposed for the alternative vision standard that an individual is not physically qualified to operate a CMV if there has not been sufficient time to allow the individual to adapt to and compensate for the change in vision. FMCSA did not propose a minimum period for the time to adapt to and compensate for the change in vision. asks ophthalmologists and optometrists to provide an opinion on whether a vision evaluation is required more often than annually for the individual evaluated. In making the physical qualification determination, the ME considers the information in the Vision Evaluation Report, Form MCSA-5871, and utilizes independent medical judgment to apply the following four standards. July 15-16, 2019. Estimated burden hours: The physical qualification regulations for drivers in interstate commerce are found at 391.41. It also included a discussion of the reports and analyses undertaken since 1990 to gather information and evaluate the vision standard, the vision waiver study program, and the vision exemption program, as well as the MRB recommendations pertaining to vision and FMCSA's conclusions regarding those reports and analyses. When must a driver take a 30-minute break? | FMCSA FMCSA did not propose and declines to require the use of an ophthalmologist in any particular case. Need To Separate the Physical Qualification Process From Driving Skill, 2. Eliminating the prohibition on certifying individuals who do not satisfy, in the worse eye, either the existing visual acuity standard with corrective lenses or field of vision standard, or both, without an exemption will enable more qualified individuals to operate as interstate CMV drivers without compromising safety. However, ATA referenced a 30-minute road test, which is consistent with FMCSA's estimate for the road test. Table 4Net Burden of Medical Qualifications Requirements ICR and Road Test ICR. The Agency has nearly 30 years of experience with drivers who have been physically qualified under the vision waiver study and the exemption programs with a field of vision of at least 70 degrees. FMCSA estimates this rule will reduce barriers to entry, thereby increasing employment opportunities, for current and future CMV drivers. The NPRM afforded the opportunity for all interested parties, including eye professionals and their organizations, to provide comment on the proposed rule and report. While not repeated here, these discussions can be found in the NPRM (86 FR 2348-56). FMCSA adopts 391.31(f) as proposed and removes the driver's social security number, the driver's license number, and the State of issuance of the driver's license from the Certification of Road Test. Drivers are not considered small entities because they do not meet the definition of a small entity in section 601 of the RFA. The Vision Evaluation Report, Form MCSA-5871, NPRM: The alternative vision standard eliminates the need for the Federal vision exemption program and the related information collection (IC-3a). Thus, the estimated annual burden hours associated with the information collection is 619 hours (4,641 forms 8 minutes per form 60 minutes = 619 hours, rounded to the nearest whole hour). See Section X.A. 13. 114, Pub. 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. As a result of this final rule, an individual who does not satisfy, in the worse eye, either the existing distant visual acuity standard with corrective lenses or field of vision standard, or both, can be physically qualified without applying for or receiving an exemption. ACOEM commented that some carriers, especially smaller ones, may be more lenient on the passing criteria of the road test. Another commenter noted motor carriers have a self-interest in making sure drivers pass the road test and many make the road test simple with a limited number of ways it can be failed. Total estimated responses: No safety organizations commented on the NOA. 2. In addition, ophthalmologists and optometrists completing the report must attest that the information provided is true and correct to the best of their knowledge. Estimated burden hours: MRB Task 21-1 Report: The commenter asked if individuals designated as legally blind could be medically certified for 2 years because their vision is not going to change. 42-47. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. FMCSA recognizes this is a high estimation and overstates the burden associated with the road test. Summary: Additional information for the assumptions, calculations, and methodology summarized above is provided in the supporting statement for the Medical Qualification Requirements ICR. An agency is prohibited from collecting or sponsoring an information collection, as well as imposing an information collection requirement, unless it displays a valid OMB control number (5 CFR 1320.8(b)(3)(vi)). FMCSA has not previously accounted for the burden associated with 391.31 road tests; accordingly, the ICR accounts for the burden. An hourly wage rate for ophthalmologists is not available. The motor carrier must conduct the road test in accordance with 391.31(b) thorough (g). 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. FMCSA adopts 391.51(b)(3) as proposed, which provides the driver qualification file must include the written statement from the motor carrier and certification from the driver required by 391.44(d)(3). The alternative vision standard is therefore adequate to enable them to operate the vehicles safely (49 U.S.C. [13] FMCSA proposed that, at least annually, but no later than 45 days after an ophthalmologist or optometrist signs and dates the Vision Evaluation Report, Form MCSA-5871, an ME would conduct a physical qualification examination and determine whether the individual meets the alternative vision standard, as well as the other physical qualification standards. The ophthalmologist or optometrist must submit the formal perimetry for each eye and interpret the results in degrees of field of vision. The report also requires a medical opinion from the ophthalmologist or optometrist regarding whether the individual has adapted to and compensated for the change in vision and can drive a CMV safely. The alternative vision standard allows previously qualified interstate CMV drivers who are no longer able to satisfy, in the worse eye, either the existing distant visual acuity standard with corrective lenses or field of vision standard, or both, to return sooner to operating interstate. There will be approximately 868 drivers requiring a road test under 391.44 each year. To provide additional clarity, the Agency changes no later than to not more than 45 days. Truck Costing Model for Transportation Managers. To view any documents mentioned as being available in the docket or comments received, go to (b) Nevertheless, ATA expressed concern that without any guidance, there will be an inconsistency in the certification of a driver depending on the judgement of his or her optometrist, ophthalmologist, or medical examiner. ATA stated FMCSA should seek to gather more data and establish clearer guidance on when a medical examiner can assure that a driver has sufficiently adapted to their vision deficiency.. Concentra and ACOEM commented that the existing vision standard considers 70 degrees in the horizontal meridian in each eye to be sufficient; however, normal field of vision is twice that, Most importantly, employers have a strong financial interest in ensuring the safety of their operations by engaging drivers, including those physically qualified with a vision deficiency under the alternative standard, who are able to operate safely. The Vision Evaluation Report, Form MCSA-5871, is used exclusively as part of the physical qualification process. The commenter inferred that was because the wavier and control groups were monitored in some manner. Traffic code - Wikipedia 1673, 1677; sec. 13175 (Indian Tribal Governments), J. It reads, In your medical opinion, has sufficient time passed since the vision deficiency became stable to allow the individual to adapt to and compensate for the change in vision and to drive a commercial motor vehicle safely?. 6,226,330 CMV drivers, motor carriers, MEs, treating clinicians, ophthalmologists, and optometrists. i.e., Ensure that the gear shifter is in the neutral position then turn the ignition with the key. 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, in 391.41(b)(10)(i) is physically qualified to operate a commercial motor vehicle in interstate commerce provided: (1) The individual meets the other physical qualification standards in 391.41 or has an exemption or skill performance evaluation certificate, if required; and. It noted the MRB previously recommended that a 120-degree field of vision be adopted.[8]. 29, 1996), 5 U.S.C. without emphasizing which medical professional first assesses the individual. 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. The alternative vision standard enhances employment opportunities while remaining consistent with FMCSA's safety mission. i.e., As discussed below in section X.F. This final rule impacts an existing information collection request (ICR) titled Medical Qualification Requirements (OMB control number 2126-0006), and a new ICR titled 391.31 Road Test Requirement (OMB control number 2126-0072). Concentra commented that the term `stable' is too broad and is guaranteed to cause controversy and confusion. Similarly, ACOEM asked how stable would be defined. Start Printed Page 3401 Commercial Driver's License Program | FMCSA Estimated number of respondents: 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. 7:29 AM PST March 6, 2023. 31136, provides concurrent authority to regulate drivers, motor carriers, and vehicle equipment. The alternative vision standard adopts the major vision criteria of the current Federal vision exemption program, which were also used in the preceding Federal vision waiver study program since the early 1990s. the fundamental skills necessary to operate a CMV safely. The Road Test Requirement Creates a Burden on Motor Carriers, 3. However, FMCSA changes the Vision Evaluation Report, Form MCSA-5871, by adding a question after the ophthalmologist or optometrist provides an opinion regarding whether the individual's vision deficiency is stable. The MRB recommended the information about stability in questions 11 (vision deficiency) and 13 (progressive eye conditions) be retained because the questions solicit different information. Change to the Medical Examination Process in, Section 391.41Physical Qualifications for Drivers, Section 391.43Medical Examination; Certificate of Physical Examination, Section 391.44Physical Qualification Standards for 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, Section 391.45Persons Who Must Be Medically Examined and Certified, Section 391.51General Requirements for Driver Qualification Files, Section 391.64Grandfathering for Certain Drivers Who Participated in a Vision Waiver Study Program, Appendix A to Part 391Medical Advisory Criteria. The new rule would require heavy vehicles that weigh in excess of . This section-by-section analysis provides changes from the proposed rule. Start Printed Page 3411 11 and 13 both be retained. The 1935 Act, as codified at 49 U.S.C. The Agency has determined that the final rule results in cost savings. ACOEM commented that the current requirement for 3 years of commercial driving experience with the vision deficiency would allow the individual with a vision impairment a period of time under which they could adjust to the vision deficit. ACOEM and Concentra stated that a simple road test is insufficient evaluation for drivers lacking experience operating CMVs. Start Printed Page 3414 Comments on the Review of an Individual's Safety Performance: McKnight et al. Dr. Morris, a board-certified retina surgeon and ophthalmologist, encouraged FMCSA, without any reservation, to adopt the alternative vision standard. Document page views are updated periodically throughout the day and are cumulative counts for this document. Then, an ME performs a physical qualification examination and uses the information provided on the report to determine whether the individual meets the alternative vision standard. The short-haul exception maximum allowable workday is changing from 12 to 14 hours, and the distance the driver may operate is extending from a 100 air-mile radius to a 150 air-mile radius. NPRM: The net effect of this rule on this ICR is a reduction in burden hours of 1,617 hours (619 hours related to the Vision Evaluation Report, Form MCSA-5871 2,236 hours related to the current vision exemption program = 1,617). Comments on the Addition of a Driver Training Requirement: 31149(b)). Five commenters provided general support for the alternative vision standard. Thus, the Agency expects there will be no adverse impact on safety from eliminating the intrastate driving experience criterion. Many of the laws . The visual and driving performance of monocular and binocular FHWA. (C) Retain in the individual's driver qualification file the original of the written statement and the original, or a copy, of the individual's certification regarding the date the vision deficiency began. The Agency invites public comment on the report under the Paperwork Reduction Act as provided in the information collection, titled Medical Qualification Requirements, discussed in section X.F. Determining the three-second gap is relatively easy. Under FMCSA's existing vision standard, it is permissible for an individual to have one eye corrected to distant vision and the other corrected for near vision if each eye meets the existing visual acuity standard. [22] Determining when vision is stable requires an individualized assessment. PDF KNOW HE FACTS: UPDATES TO HOURS OF SERVICE RULES - Transportation The MRB recommended that the field of vision requirement be changed from 70 degrees to 120 degrees for the alternative vision standard. If an individual meets the alternative vision standard, the Agency expects there will be no adverse impact on safety due to the individual's vision. and have been assigned OMB control number 2126-0072. Start Printed Page 3419 For the hourly wage rates, FMCSA used $31 for the drivers[18] 9. FMCSA continues to find it appropriate for individuals medically certified under the alternative vision standard to have physical qualification examinations at least every 12 months and to be medically certified for a maximum of 12 months. If an ME determines that additional information is necessary to make the certification determination, the ME could confer with the ophthalmologist or the optometrist for more information on the individual's vision medical history and current status, make requests for other appropriate referrals, or request medical records from the individual's treating provider, all with the appropriate consent. Addition of a Driver Training Requirement, Q. two medical conditions), and removes vision from the list of conditions for which an ME has no discretion. Dr. Morris indicated that if an individual meets the proposed vision standard there will be no adverse impact on safety due to the individual's vision, and that the loss of vision is not likely to play a significant role in whether the individual can drive a CMV safely. If the driver successfully passes the road test, the motor carrier completes a certificate of driver's road test in substantially the form prescribed in 391.31(f) (49 CFR 391.31(e)) and gives the driver a copy (49 CFR 391.31(g)). The ICR estimates the information-collection burden incurred by motor carriers associated with the 391.31 road test in two circumstances. 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. In response to the NOA on the MRB Task 21-1 Report, FMCSA received 14 submissions. The motor carrier completes and signs the road test form while the driver performs a pre-trip inspection and the driving portion of the road test (49 CFR 391.31(d)). No matter what your intentions are toward driving, learning the rules of the road will keep you safe in an unfamiliar nation. 477. Comments should be submitted to OIRA at OMB as provided in the FMCSA proposed that review of the safety performance of individuals medically certified under the alternative vision standard be performed by motor carriers in accordance with current regulatory requirements applicable to all drivers. If the ME determines the individual meets the physical qualification standards, the ME may issue an MEC, Form MCSA-5876, for a maximum of 12 months. Use the PDF linked in the document sidebar for the official electronic format. Examination by a medical examiner. These conditions are covered by the separate standard for insulin-treated diabetes mellitus. Also, the potential for such conflicts is not unique to drivers physically qualified under the alternative vision standard but is possible with respect to all drivers tested. 10. ) The certificate required to be issued by the road test examiner is subject to the requirement that it not be fraudulent or intentionally false (49 CFR 390.35) and includes an affirmative statement from the road test examiner that the individual tested can operate safely (49 CFR 391.31(f)). 31149(d)). Left-hand traffic ( LHT) and right-hand traffic ( RHT) are the practices, in bidirectional traffic, of keeping to the left side or to the right side of the road, respectively. The DOT Chief Privacy Officer will determine whether a new system of records notice for this rule is required. FMCSA adds a follow-up request in question 11 for the date the vision deficiency became stable if it is deemed stable. All but two of the standards require a judgment by the medical examiner. The final Vision Evaluation Report, Form MCSA-5871, is available in the docket for this rulemaking. If you are using public inspection listings for legal research, you 2126-0072. SiriusXM announces layoffs of 475 people, or 8% of its total workforce. How to Drive a Car (with Pictures) - wikiHow Currently, such individuals are prohibited from driving CMVs in interstate commerce unless they obtain an exemption from FMCSA. Another commenter, an ME, stated similarly that FMCSA should seek comment from professional associations for ophthalmologists or optometrists regarding comorbid conditions, disease processes, and any other additional helpful information. The process creates a clear and consistent framework to assist MEs with the physical qualification determination that is equally as effective as a program based on considering exemptions under 49 U.S.C. https://www.regulations.gov/docket/FMCSA-2019-0049/document When following a vehicle, pick an overhead road sign . Find the particular information collection by selecting Currently under ReviewOpen for Public Comments or by entering the OMB control number in the search bar.