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13563, and does not require an assessment of potential costs and benefits under section 6(a)(3) of E.O. The road test, when required under the alternative vision standard, is only one of multiple regulatory elements that can work together to ensure that an individual physically qualified under the standard can operate a CMV safely. The MRB's recommendations and public comments responsive to them are addressed where applicable in the discussion of comments and responses below. They stated a simple road test cannot substitute for drivers lacking experience operating CMVs. Response: The three tasks are: 1. FMCSA seeks approval for the revision of the ICR due to the Agency's development of this rule, which includes the use of the Vision Evaluation Report, Form MCSA-5871. Several additional commenters opposed the alternative vision standard based on general safety concerns. 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. The alternative vision standard uses a collaborative process for physical qualification. That commenter would feel safer if the vision standards became a little stricter for CMVs., Another commenter stated the proposed amendment finds the perfect balance between the correct qualification need for these individuals and road safety. The commenter continued that modification of the existing vision standard is needed and the proposal seems to provide a framework for who ensures proper evaluation and criteria are met. to the courts under 44 U.S.C. https://www.regulations.gov/docket/FMCSA-2019-0049/document (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 road test examiner should observe and evaluate activities involved in operation of a CMV in the same manner for all drivers requiring a road test. 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. 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. Rather than responding to the proposed rule, one commenter reported on the commenter's own driving record. 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. Concerning the comments on drivers self-selecting ophthalmologists and optometrists and doctor shopping for favorable results, FMCSA anticipates that often the ophthalmologist or optometrist completing the report will have treated the individual seeking evaluation and have knowledge of the individual's vision medical history. (last accessed Aug. 9, 2021). Public Law 104-121, 110 Stat. Several commenters supported the alternative vision standard because the more individualized approach allows capable individuals to demonstrate their ability to operate a CMV safely. The 1935 Act, as codified at 49 U.S.C. In contrast, ACOEM stated the proposed standard would shift considerable responsibility to the ME who may not have the training or experience to adequately assess the vision deficiency. Moreover, the MRB generally supports moving ahead with an alternative vision standard. 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. A Rule by the Federal Motor Carrier Safety Administration on 01/21/2022. 2829 (Oct. 30, 1984). While every effort has been made to ensure that Summary of Hours of Service Regulations | FMCSA FMCSA numbers the medical opinion asking if a vision evaluation is required more often than annually as question 13. However, one of the commenters stated that a single driving test may be too lenient to evaluate the full scope of driving capabilities. $27.5 million in revenue). The alternative vision standard emphasizes the separate but collaborative roles of ophthalmologists or optometrists and MEs in the medical certification process. Drivers with BCVA between 20/40 and 20/160 are required to see a vision specialist before reattempting to pass the test. Agency identifier FMCSA-MED-391.41-Q3, available at ADDRESSES The road test ensures a driver operating under the alternative vision standard can physically drive the CMV safely. 6. ). To drive legally in Illinois, you must have a valid Illinois driver's license. To isolate the impact of a vision deficiency on driving, the Agency excluded drivers with a history of unsafe driving behaviors. 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. The final rule clarifies that the alternative vision standard is applicable to individuals who do not satisfy, with the worse eye, the existing FMCSA distant visual acuity standard with corrective lenses or the field of vision standard, or both. Additionally, previously qualified interstate CMV drivers who no longer satisfy, with the worse eye, either the distant visual acuity standard with corrective lenses or field of vision standard, or both, will be able to return sooner than 3 years to operating in interstate commerce. Contrary to ATA's interpretation, Dr. Morris did not support a 120-degree field of vision for the alternative vision standard. that further study must be done to determine the full impact of this rule before it is adopted. The commenter continued that it might be in the public interest to revise the proposed rule to scrutinize more than the proposed driving test. FMCSA proposed that an individual must have, in the better eye, field of vision of at least 70 degrees in the horizontal meridian to be physically qualified under the alternative vision standard. (last accessed Sept. 21, 2021). and services, go to Section 522 of title I of division H of the Consolidated Appropriations Act, 2005,[30] It is therefore appropriate that there be inconsistency in the time intervals it takes to adapt to and compensate for the loss of vision in one eye. FMCSA amends 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 under specified conditions. Accordingly, the comments recommending changes to the existing vision standard are out of the scope of this rulemaking and will not be addressed here. They are fundamental to traffic flow, and are sometimes referred to as the rule of the road. Start Printed Page 3399 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. Comments on MRB Task 21-1 Report: According to Concentra and ACOEM, the road test also is not specific to a vehicle. , OOIDA stated that the research presented demonstrates that individuals with monocular vision can safely operate a CMV. OOIDA stated further that There is also considerable medical literature indicating that individuals with vision loss in one eye can and do develop compensatory viewing behavior to mitigate their vision loss. OOIDA commented that the alternative vision standard ensures sufficient physical qualifications are met.. If so, they are to state how often a vision evaluation should be required. This rule amends a regulation that has associated guidance. 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. The report must be retained by the ME for at least 3 years from the date of the physical qualification examination. NPRM: [12] A different commenter stated the alternative vision rule allows for a larger pool of qualified drivers without compromising safety, and noted the country is short of drivers. the official SGML-based PDF version on govinfo.gov, those relying on it for There is privacy risk not controlled by the Agency because the Vision Evaluation Report, Form MCSA-5871, is retained by MEs. Should the driver successfully pass the road test, FMCSA assumes it will take the motor carrier 2 minutes to complete the certification of driver's road test and an additional 1 minute to store documents in the driver qualification file. The road test provision in 391.31 provides an individual must not drive a CMV until the individual has successfully completed a road test and has been issued a certificate of driver's road test. The MRB did not recommend a change with respect to eligibility for the alternative vision standard; therefore, the MRB concurred with the alternative standard as proposed in this regard. 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 Response: While the 3-second rule should be the basic principle of using a safe following distance, the amount of time you need to react could be longer. Another commenter who is an ME has been unable to certify a few good drivers after they did not pass the vision standard. The AOA stated the MRB noted that the medical opinion provided by the ophthalmologist or optometrist must be respected regarding whether the individual has stable vision deficiency. Accordingly, at least annual physical qualification examinations are appropriate for individuals designated as legally blind in one eye. ATA repeated its prior comments that the data on which the rule is based is insufficient. FMCSA did not propose to restrict eligibility to use the alternative vision standard based on the type of vehicle an individual operates. FMCSA checks the driving records of grandfathered drivers to determine if they continue to operate CMVs safely. 9. In the Information for the Individual section, FMCSA changes no later than to not more than 45 calendar days to conform the report to the revised regulatory text. The position of Chief Medical Examiner was authorized at the same time (49 U.S.C. NHTSA Finalizes First Occupant Protection Safety Standards for Vehicles Public Law 74-255, 49 Stat. At the same time, ATA stated its concern that deemphasizing the two-step certification process would result in some individuals with a vision deficiency being wrongly issued medical certification because MEs are not vision specialists, so individuals should see an ophthalmologist or optometrist before the physical qualification examination. 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. Individuals who choose not to obtain corrective lenses for the worse eye when the better eye meets the existing vision standard must not be physically qualified under 391.44. (h) The information collection requirements of this section have been reviewed by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. FMCSA agrees with the MRB that reordering the medical opinions and information about progressive eye conditions improves the report. (last accessed Aug. 17, 2021). the fundamental skills necessary to operate a CMV safely. It continued that ensuring all individuals are thoroughly evaluated by an expert in eye care is critical and the information and opinions should be carefully considered and respected. The commenter concluded that the alternative vision standard will have a profound impact on public safety and hope[d] the FMCSA discards this NPRM in the interest of public safety.. Right of way at marked and unmarked intersections under various conditions. informational resource until the Administrative Committee of the Federal Instead of requiring 3 years of intrastate driving experience with the vision deficiency as in the current exemption program, individuals physically qualified under the alternative vision standard for the first time must complete a road test before operating in interstate commerce. The motor carrier would spend 30 minutes administering the road test, and 3 minutes on the associated paperwork, leading to a total of 33 minutes, or 0.55 hours. 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. Section 31136(a) requires the Secretary to issue regulations on CMV safety, including regulations to ensure that CMVs are operated safely. To provide additional clarity, the Agency changes no later than to not more than 45 days. It can be achieved by adhering to general guidelines, such as keeping a two- or three-second gap between the driver's vehicle and the vehicle in front to ensure adequate space to stop.It is a form of training for drivers that goes . FMCSA agrees that the alternative vision standard would lessen the complexity of the medical certification process for individuals who do not meet the vision standard without an exemption. (1984 Act), both as amended. The new standard would open the field to many drivers who do not have or have not been able to get a vision waiver. 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. The OFR/GPO partnership is committed to presenting accurate and reliable 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. C. The MRB recommends that the requests for information about stability in questions FMCSA adds a request for additional information if the condition is not stable. The alternative vision standard includes the additional safeguards of the collaborative physical qualification process by medical professionals and limiting certification to 12 months. 0.55 hours $61.35 = $33.74. For those who obtain an MEC, Form MCSA-5876, this action may represent a streamlined process compared to the requirements of the vision exemption program in that the driver will not need to compile and submit the letter of application and supporting documentation to FMCSA, or respond to any subsequent requests for information. et seq. respectivelyto establish minimum qualifications, including physical qualifications, for individuals operating CMVs in interstate commerce. (Conwal). FMCSA adds the limitation in 391.41(b)(10)(ii) that a person who meets the requirements in 391.44 is physically qualified to operate a CMV 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 Agency makes conforming changes in the title of 391.44, in paragraphs (a) and (c) of 391.44, and in new 391.45(f). The Agency has determined that the final rule results in cost savings. i.e., Finally, the AOA made suggestions that relate to the physical qualification standard for individuals who are treated with insulin to control diabetes mellitus. The commenter noted that it is difficult, particularly for local small businesses, to find qualified CDL operators. 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. Revise 391.41(b)(10) to read as follows: (10)(i) Has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70 in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing standard red, green, and amber; or. This feature is not available for this document. 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. 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). 31133(a)(8) to prescribe recordkeeping and reporting requirements. Issued under the authority of delegation in 49 CFR 1.87. ATA stated that, regardless of age, years of experience consistently equates to lower rates of crashes, crash involvements, and moving violations, which are factors that were overlooked in the NPRM. A commenter, who has always had monocular vision and has a terrific driving record, stated Having one eye increases your awareness of the need to be diligent about your surroundings., In contrast, ACOEM and Concentra commented that the studies cited are inconsistent in the definition of the conditions studied ( A rule has implications for federalism under section 1(a) of E.O. Response: 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 MRB notes it does not have sufficient data to establish a specific waiting period for an individual who has a new vision deficiency. There will be approximately 868 drivers requiring a road test under 391.44 each year. Generally, driver qualification files must be maintained at the motor carrier's principal place of business. Twenty commenters generally opposed the proposed rule (including commenters who supported the proposal in concept but wanted further study before implementing it). The Unfunded Mandates Reform Act of 1995 (2 U.S.C. The Agency clarifies that study did not include a control group. The commenter stated that FMCSA would have no way to be aware of drivers who doctor shop. The AOA commented that Using 120 degrees in the horizontal meridian as a requirement would create greater consistency with recognized driving standards. ATA noted Concentra and Dr. Morris supported a 120-degree field of vision instead of the proposed 70 degrees. Comments on the Vision Evaluation Report, Form MCSA-5871: Table 1Cost Savings: Federal Vision Exemption Program Contract and Road Test. The comment period closed on September 23, 2021. What are the physical qualification requirements for operating a CMV in interstate commerce? 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. Use the PDF linked in the document sidebar for the official electronic format. This rule establishes an alternative vision standard, as proposed in the NPRM (86 FR 2344 (Jan. 12, 2021)), with minor clarifications. These drivers are also relieved of the time and paperwork burden associated with applying for or renewing an exemption. 2 Evaluate what you have seen. One commenter, who has been driving for more than 34 years, stated the vision standards should be left alone. NOW WATCH: Sub taking tourists to see the Titanic goes missing - Insider Another commenter stated the proposed regulation has far reaching benefits. The Vision Evaluation Report, Form MCSA-5871, is based on the September 2015 recommendations and information obtained in the current vision exemption program. INDIANAPOLIS - In March, Indiana lawmakers wrapped up the 2023 legislative session. 16. Available at As also noted above, the road test, contrary to commenters' assertions, does require the use of the specific type of vehicle that will be assigned to the individual to operate (see 49 CFR 391.31(c)). 22, 1970)). The NPRM provided that following the closure of the comment period FMCSA would ask the MRB to review all comments from medical professionals and associations. the creation of studies, defined terms, data collection, reports, documentation standards, safety standards, etc.). If BCVA is between 20/70 and 20/50 using both eyes, then the driver passes with daylight driving restriction and with speed restriction. NPRM: 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. If you are using public inspection listings for legal research, you 7:29 AM PST March 6, 2023. This final rule is not a Frequency: The Agency deletes (if applicable) after the request for a driver's license number because it is not necessary. The Three-Second Rule. 11 and 13 both be retained. The road test provides more drivers the opportunity to operate a CMV. 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. above describes all the changes made to the report in the final rule. Neither the vision waiver study program nor the current exemption program restricted participation in the program based on the type of CMV the individual operated. Both ACOEM and Concentra commented that the proposed alternative vision standard would permit having one eye corrected to distant vision and the other corrected for near vision. Comments on the Two-Step Physical Qualification Process: The estimated incremental annual burden associated with the requirement in this rule that certain individuals physically qualified under 391.44 for the first time must complete a road test in accordance with 391.31 (IC-2), is as follows. On July 20, 2021, the MRB provided its recommendations to FMCSA in MRB Task Report 21-1. (5) An individual physically qualified under this section for the first time is But in the U.S . Another commenter also noted an improvement in the field of vision due to compensation when compared to before the vision loss. Federal Motor Carrier Safety Administration. FMCSA renumbers the following questions accordingly. Document Drafting Handbook While not repeated here, these discussions can be found in the NPRM (86 FR 2348-56). L. 102-240, 105 Stat. Exemption holders have 1 year after the effective date of this rule to comply with the alternative vision standard, at which time all exemptions issued under 49 U.S.C. NPRM: The DOT Chief Privacy Officer will determine whether a new system of records notice for this rule is required. Restricting Eligibility To Use the Alternative Vision Standard by Vehicle Type, P. The Alternative Vision Standard Creates More Employment Opportunities, Q. FMCSA acknowledged Data on the relationship between monocular vision and crash involvement is sparse, conflicting with respect to crash risk, and not definitive. 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. FMCSA stated the 3 years of intrastate driving experience with the vision deficiency criterion in the vision exemption program has been equated to sufficient time for the driver to adapt to and compensate for the change in vision. 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. FMCSA estimates this rule will reduce barriers to entry, thereby increasing employment opportunities, for current and future CMV drivers. Start Printed Page 3411 Total estimated responses: Otherwise, FMCSA adopts 391.64 as proposed. ACOEM and Concentra concluded that these observations actually support maintaining the requirement for experience over a road test..

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