Your peripheral vision is within normal limits. 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. Accordingly, the comments recommending changes to the existing vision standard are out of the scope of this rulemaking and will not be addressed here. Remove and reserve paragraph II.J. Therefore, the respondent universe of motor carriers is also 868. They stated that removing the 3-year driving experience requirement will only amplify this issue. DO T& non-DOT Drug and Alcohol Testing Services, Consortium for Random Drug testing. FMCSA adopts the changes to 391.43(b)(1) as proposed in the NPRM with one minor change. Therefore, FMCSA opted for a conservative approach of assuming all 868 individuals would require a road test. 18. Comments on the Meaning of Stable Vision: 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. Conformity with guidance is voluntary. Next, an ME would perform an examination and determine whether the individual meets the proposed vision standard, as well as FMCSA's other physical qualification standards. In paragraph (d)(3)(ii)(A), FMCSA inserts in the specific before excepted interstate commerce to remind the reader that only interstate commerce excepted by either 390.3T(f) or 391.2 satisfies the requirements of the regulation. The Agency states that the standard is provided For general informational purposes only to ensure that ophthalmologists and optometrists understand that they do not determine whether the individual meets the alternative vision standard for medical certification to operate a CMV. A commenter, who holds a Federal vision exemption, stated that when an individual has reduced vision in one eye the peripheral field sharpens over time. Response: Road Test Creates Employer Conflicts of Interest, 5. FMCSA has fully factored in the safety implications of not continuing the 3 years of intrastate driving experience criterion in the alternative vision standard. With respect to the requirement for a road test as part of the alternative vision standard, the Agency also has completed a Privacy Threshold Assessment to evaluate the risks and effects the requirement has on collecting, storing, and sharing personally identifiable information. 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. exemption from the standard to operate CMVs in interstate commerce (49 CFR part 381, subpart C). FMCSA amends its regulations to 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. 22, 1970)). 1312, 1548, 1560; sec. 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). 3. 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). The Curriculum Vitae submitted establishes Dr. Morris as an expert in the vision field (see Additionally, with such a small percentage of drivers having monocular vision, Concentra stated the data will continue to be difficult to obtain in a statistically significant manner., Two commenters, who are medical doctors and MEs, stated that the existing vision standard should not be changed. Concentra made a similar comment. 12866 (Regulatory Planning and Review), E.O. The Vision Evaluation Report, Form MCSA-5871, specifically questions whether the individual has corrected or uncorrected vision, and whether the correction is by glasses or contacts. Finally, the AOA commented that considerations may come into play when determining vision issues that can hinder driving beyond monocular Snellen visual acuity, horizontal visual fields, and color testing, which include inferior, superior, and central field visual assessment; contrast sensitivity assessment; visual processing assessments; and eye and systemic disease assessments. To pass, drivers will need 20/40 vision (with or without aid), a 70-degree field of vision, and the ability to differentiate between common traffic control colors such as red and green. (1) During the evaluation of the individual, the ophthalmologist or optometrist must complete the Vision Evaluation Report, Form MCSA-5871. The role and responsibility of the ME, who is licensed by a State authority to perform physical examinations and is trained in FMCSA's physical qualification standards and the demands of operating a CMV, is to exercise independent medical judgment to medically certify that the individual can safely operate a CMV. In addition, the Agency must monitor the implementation of each exemption and immediately revoke an exemption if: The driver fails to comply with the terms and conditions; the exemption has resulted in a lower level of safety than was maintained before the exemption; or continuation of the exemption would not be consistent with the goals and objectives of the Federal Motor Carrier Safety Regulations (49 CFR 381.330). The cost for each road test is estimated to be about $50.77, for a total annual cost of $44,000,[9] Response: This rule affects drivers and motor carriers. The final rule does not impose any responsibilities on CMV drivers that 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)). D. The MRB recommends that the Agency change the order of the requested information to be questions 1 through 9, 10, 12, 13, and then 11. A one-time road test is less burdensome on drivers than obtaining 3 years of intrastate driving experience and addresses the consideration that some drivers live in States that do not issue vision waivers. Chapters 311 and 315 as they relate to CMV operators, programs, and safety. 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. of the Regulatory Analyses below for a full description of how this number is calculated. 11 and 13 both be retained. General requirements for driver qualification files. The first is when the road test is required by 391.31 (IC-1); the second is when the road test is required as part of the alternative vision standard in 391.44 (IC-2). 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. Start Printed Page 3412 any drivers who fall within the proposed alternative vision standard for the sake of the driving public and as a personal liability concern.. to reflect the changes made by this rule as proposed. [5] FMCSA does not expect the ophthalmologist or optometrist conducting the vision evaluation to independently determine the appropriate period of time to adapt to or compensate for the vision loss or to determine whether an individual meets the relevant standard. . Start Printed Page 3403 The second commenter supported the idea of this rule, but the commenter stated FMCSA data as of August 5, 2021. An official website of the United States government Here's how you know. Several additional commenters opposed the alternative vision standard based on general safety concerns. 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)). In May 2021, the MRB held a public meeting to consider MRB Task 21-1, among other topics. Summary. In paragraph (b)(2), FMCSA replaces his or her with the ophthalmologist or optometrist's., To improve readability in introductory paragraph (c), FMCSA removes the clause but no later than 45 days after an ophthalmologist or optometrist signs and dates the Vision Evaluation Report, Form MCSA-5871, and includes the substance in a new second sentence. It would give individuals with vision that does not meet the existing outdated vision standard the opportunity to drive CMVs. The medical literature also shows the time needed to adapt to and compensate for the loss of vision in one eye varies. The driver must receive an annual vision evaluation by an ophthalmologist or optometrist and an annual physical qualification examination by an ME. If any potentially disqualifying information is identified, FMCSA will request a copy of the violation or crash report from the driver. What commercial drivers need to renew their medical certificate for Michigan CDL. The Road Test Requirement Creates a Burden on Motor Carriers, 3. Commenters presenting an issue that is outside of the scope of this rulemaking may wish to consult 389.31 for information on how to petition FMCSA to establish, amend, interpret, clarify, or withdraw a regulation to the extent such options relate to their concerns. and have been assigned OMB control number 2126-0072. Invest in purpose-driven research and innovation to meet the challenges of the present and modernize a transportation system of the future that serves everyone today and in the decades to come. documents in the last year, 43 Occupational Employment and Wages, May 2020, 53-0000 Transportation and Material Moving Occupations. Before an individual may be medically certified under the alternative vision standard, the individual must have a vision evaluation conducted by an ophthalmologist or optometrist. The MRB agree[d] that the requirement for sufficient time to adapt to and compensate for the vision deficiency should not be changed in the proposed alternative vision standard. It is the ME who makes the physical qualification determination in the collaborative process. 2126-0072. FMCSA concluded that the available information did not call into question the validity of the vision exemption program. ACOEM commented, however, that the MRB recommended in September 2015 that, if the vision standard is changed, a form should be designed to be completed by the ophthalmologist or optometrist that includes all the information required by the current vision exemption program, which could then be reviewed by the ME. Accordingly, FMCSA inserts the question about progressive eye conditions before the medical opinions. To become DOT certified, a driver must pass a physical exam as well as a series of safe-driving tests. The second sentence reads, The examination must begin not more than 45 days after an ophthalmologist or optometrist signs and dates the Vision Evaluation Report, Form MCSA-5871., FMCSA makes clarifying changes to paragraph (c)(2)(iv). On August 24, 2021, FMCSA published a notice of availability (NOA) of the MRB's recommendations in the 3501-3520) requires that an agency consider the impact of paperwork and other information collection burdens imposed on the public. Thus, the 3 years of intrastate driving experience criterion far exceeds the findings of the medical community that it can take up to a year to adapt to and compensate for vision loss in one eye. Dr. Morris concluded, as has FMCSA, that if an individual meets the proposed vision standard there will be no adverse impact on safety due to the individual's vision. The employer then retains both the road test form and the certificate (or a copy) in the driver qualification file required by 49 CFR 391.51, along with additional documentation that supports a determination that the individual can operate safely. Thus, the approach in the alternative vision standard is consistent with the vision exemption program. (ii) 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; 4. Accordingly, in May 2021, FMCSA requested in MRB Task 21-1 that the MRB review and analyze the nine comments from medical professionals and associations, make recommendations regarding the proposed alternative vision standard, and identify factors the Agency should consider regarding next steps in the vision rulemaking. These can be useful 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. Secure .gov websites use HTTPS As stated above, experience shows 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 Vision Evaluation Report, Form MCSA-5871, requests objective information that is the basis for the medical opinions rendered by the ophthalmologist or optometrist. Executive Order (E.O.) 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). All individuals obtaining a vision evaluation will have some type of driver's license. (2) The individual has the vision evaluation required by paragraph (b) of this section and the medical examination required by paragraph (c) of this section. The alternative vision standard requires that the vision deficiency must be stable first, and then there must be time to adapt and compensate for the vision change. Grow an inclusive and sustainable economy. documents in the last year, by the Coast Guard L. 103-311, 108 Stat. 17. A. 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. 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. Motor carriers already routinely review and evaluate driving records for prospective and current employees, including employees with Federal vision exemptions. 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. According to ACOEM and Concentra, the drivers in these programs were a carefully selected (subject to very specific criteria that included 3 years of driving experience and a good driving record), highly motivated, and closely vetted and monitored group. https://www.bls.gov/oes/current/oes131041.htm Motor carriers would conduct the road test in accordance with the road test already required by 49 CFR 391.31. major rule Finally, the Agency removes the following quoted language that provides the ME is knowledgeable about whether a particular condition would interfere with the driver's ability to operate a CMV safely. In its place, FMCSA inserts the driver's physical condition is adequate to enable the driver to operate the vehicle safely. The inserted language aligns with the requirements in 49 U.S.C. While every effort has been made to ensure that This rule leads to a reduction in burden, as drivers will no longer be required to create and assemble the substantial amount of information and documentation necessary to apply for or renew an exemption, or to respond to subsequent requests for information. on FMCSA disagrees with commenters that the road test outlined in 391.31 is fairly minimal. (last accessed Aug. 26, 2021). include documents scheduled for later issues, at the request FMCSA further revises question 12 to incorporate the MRB's recommendation to expand the medical opinion provided by the ophthalmologist or optometrist to require that the individual can drive a CMV safely with the vision condition. (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. Comments on the Role of MEs: without emphasizing which medical professional first assesses the individual. Instead of providing information about progressive eye conditions in a table, the report now uses a narrative format. An individual physically qualified under this section for the first time must inform the motor carrier responsible for completing the road test under 391.31(b) that the individual is required by paragraph (d) of this section to have a road test. The Vision Evaluation Report, Form MCSA-5871, is used exclusively as part of the physical qualification process. As for ACOEM's concerns about the number of road tests increasing significantly, FMCSA does not find this will be the case. Official websites use .govA .gov website belongs to an official government organization in the United States. Comments on MRB Task 21-1 Report: Six commenters remarked favorably regarding the collaborative physical qualification process. Currently, such individuals are prohibited from driving CMVs in interstate commerce unless they obtain an exemption from FMCSA. 2022-01021 Filed 1-20-22; 8:45 am], updated on 4:15 PM on Monday, November 7, 2022, updated on 8:45 AM on Tuesday, November 8, 2022. Another commenter also noted an improvement in the field of vision due to compensation when compared to before the vision loss. Finally, the Secretary has discretionary authority under 49 U.S.C. ATA repeated its prior comments that the data on which the rule is based is insufficient. However, the affected population is small (less than 1 percent of CMV drivers), and the relative advantages for these individuals are unlikely to affect market conditions in the truck and bus industries. Summaries of the relevant provisions of the NPRM are included in the discussion of the comments below. In paragraph (f), removing the entries Social Security No, Operator's or Chauffeur's License No, and State in the Certification of Road Test form; and. 3. 405, 830; secs. The road test requirement in 391.31 has been a long-standing provision that was adopted in 1970 to promote CMV safety by ensuring that drivers have demonstrated their skill and knowledge (35 FR 6458, 6459 (Apr. A Rule by the Federal Motor Carrier Safety Administration on 01/21/2022. 2,604. https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/regulations/medical/driver-medical-requirements/10451/vision-exemption-package-0918.pdf 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. NPRM: Similarly, ATA stated that a road test is an inadequate method to determine if an individual's vision deficiency will impact driving ability. FMCSA changes the title of 391.44 and introductory paragraphs (a) and (c) to conform to the change in 391.41(b)(10)(ii). The Vision Evaluation Report, Form MCSA-5871, provides a means for healthcare professionals to exchange information about an individual for purposes of regulatorily required medical certification to operate a CMV. They must review both the motor vehicle records and the safety performance history, which must include accident information from previous employers for the prior 3 years when hiring a driver (49 CFR 391.23(a) and (d)). Just over 40 percent of commenters supporting the proposed alternative vision standard stated it will provide more job opportunities for individuals to become interstate CMV drivers or provide the opportunity for existing drivers to stay in the industry. 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. and services, go to For the final Vision Evaluation Report, Form MCSA-5871, FMCSA makes several editorial changes on page 1. Concentra noted pilots are required to have normal field of vision. Start Printed Page 3407 The Paperwork Reduction Act of 1995 (44 U.S.C. (1935 Act) and the Motor Carrier Safety Act of 1984[29] Washington, DC, DC 20590 Sections 391.31 and 391.51 are based on the authority of the Motor Carrier Act of 1935[28] the annual cost of the road test requirement at approximately $44,000. In the case of hearing and epilepsy, the current standards are absolute, providing no discretion to the medical examiner. However, drivers who do not meet the current requirements may apply for an exemption as provided by 49 CFR part 381. MRB Task 21-1 Report: The Agency does not expect negative impacts on safety. The motor carrier must retain the signed road test form and the signed certificate in the driver qualification file. Finally, FMCSA makes minor style changes to conform punctuation and formatting throughout the report. While most drivers benefit from practice and experience, the Agency finds there is no persuasive evidence that supports continuing to hold individuals physically qualified under the alternative vision standard to the higher standard of driving in intrastate commerce after they have adapted to and compensated for the vision loss. The new alternative vision standard replaces the current vision exemption program as the basis for determining the physical qualification of these individuals. In paragraph (2) of FMCSA's definition of There is privacy risk not controlled by the Agency because the Vision Evaluation Report, Form MCSA-5871, is retained by MEs. The report must be retained by the ME for at least 3 years from the date of the physical qualification examination. offers a preview of documents scheduled to appear in the next day's $194,994,040. The paragraph reminding that the report contains sensitive information moves to the footer and appears on every page. 24. The revised total annual estimated burden associated with the Medical Qualification Requirements ICR that reflects the addition of the information collection for the Vision Evaluation Report, Form MCSA-5871, and elimination of the Federal vision exemption program is as follows. Start Printed Page 3410, In introductory paragraph (b), the Agency inserts the word licensed before optometrist for consistency and clarity. FMCSA checks the driving records of grandfathered drivers to determine if they continue to operate CMVs safely. FMCSA proposed that an individual is not physically qualified under the alternative vision standard to operate a CMV if the individual's vision deficiency is not stable. FMCSA did not propose a definition for what constitutes stable vision. ACOEM stated that the change allowing an ophthalmologist to complete the vision portion of the examination appears to be an oversight not previously identified and certainly makes sense. 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. A motor carrier would only make the information available when requested by an FMCSA or State safety investigator for an investigation or audit. approach to medical certification that includes a medical specialist, in this case an ophthalmologist or optometrist, in addition to a medical examiner (ME) on FMCSA's National Registry of Certified Medical Examiners. This information is not part of the official Federal Register document. In addition, ACOEM stated there is a concern the number of employer-required road tests will increase significantly. ATA stated the road test could create conflicts of interest if a motor carrier has a financial interest in permitting the evaluated individual to work or a personal relationship with the individual. Each document posted on the site includes a link to the This rule does not change the existing vision standard. Texas CDL Endorsements. Finally, the AOA made suggestions that relate to the physical qualification standard for individuals who are treated with insulin to control diabetes mellitus. 2126-0006. The employer, rather than the ME, is most familiar with the nature of the operation and the type of equipment the individual will be expected to operate, a particularly important consideration given the substantial variety of commercial vehicles operated in the industry. 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. Regardless of how an individual begins the certification process, an individual being evaluated under the alternative vision standard must have an eye evaluation by an ophthalmologist or optometrist to be medically certified. Manche 1 - Chpt la Runion Ocan Racing 2022-23. 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.. 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 the previously administered vision waiver study program in 391.64(b). The new alternative vision standard replaces the current vision exemption program as a basis for determining the physical qualification of drivers who cannot otherwise meet the vision standard. 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