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Federal Register provide legal notice to the public and judicial notice 2,705,862. Comments on MRB Task 21-1 Report: Finally, FMCSA makes minor style changes to conform punctuation and formatting throughout the report. The commenter noted that it is difficult, particularly for local small businesses, to find qualified CDL operators. These can be useful This would permit a driver who chooses not to obtain corrective lenses to use the proposed standard if the driver's vision in the better eye meets the existing vision standard. 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. 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. The alternative vision standard eliminates the need for the Federal vision exemption program and the related information collection (IC-3a). Three commenters endorsed requiring an individual to be seen by an ophthalmologist or optometrist. ATA stated further that the NPRM fails to sufficiently address why the Agency moved forward with a revision against the MRB's support to maintain the status quo. The Agency finds, as did Dr. Morris, that the requirements adopted are appropriate and will not adversely impact safely. It provides, If yes, cause of the monocular vision (describe), which was question 8 in the draft report. An ME commented that the ME would refuse to examine L. 102-240, 105 Stat. Another commenter noted many motor carrier 391.31 road tests are an exercise in check the box, and not a thorough test of the driver's ability. With respect to the medical aspects of the proposed alternative vision standard only, if the MRB does not make a specific recommendation to change a provision, the MRB concurs with the provision as proposed in the January 2021 NPRM. The individual will still have to receive a vision evaluation by an ophthalmologist or optometrist. 543 (Aug. 9, 1935). The alternative vision standard is comparable to the regulatory framework FMCSA adopted in 391.46 for individuals with insulin-treated diabetes mellitus (see 83 FR 47486 (Sept. 19, 2018)). The American Optometric Association (AOA) supported the two-step process to physically qualify drivers and the requirement to have the first step be for the individual to seek an evaluation by an ophthalmologist or optometrist. Children under a certain age or weight may be required to sit in a child safety seat or booster seat. FMCSA adds a follow-up request in question 11 for the date the vision deficiency became stable if it is deemed stable. 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. Chapters 311 and 315 as they relate to CMV operators, programs, and safety. In addition, ophthalmologists and optometrists completing the report must attest that the information provided is true and correct to the best of their knowledge. However, by requiring a road test, FMCSA takes an additional step to ensure that, even though medically certified, the individual can operate a CMV safely. [22] Determining when vision is stable requires an individualized assessment. 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. 42-47. As discussed above, it was not the Agency's intent to change the scope of the current vision exemption program in this regard or to allow individuals who simply need corrective lenses to be physically qualified under the alternative vision standard. The report would be provided to and considered by the ME in making a qualification determination. Increasing the distance between you and the car ahead can help give you the time you need to recognize a hazard and respond safely. On July 20, 2021, the MRB provided its recommendations to FMCSA in MRB Task Report 21-1. Instead, the ophthalmologist or optometrist makes that determination based on multiple factors such as the clinical examination, test results, history of the cause and duration of the vision loss, and medical information regarding the time needed to adapt to and compensate for the vision loss based on all the relevant factors. 601 note. The experience with the vision waiver and exemption programs has not revealed the need for specialized training for drivers with a vision deficiency. 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?. If the road test is successfully completed, the motor carrier completes a certificate of driver's road test and provides a copy to the driver. SBA establishes separate standards for each industry, as defined by the NAICS. 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. [13] 2126-0072. Section 391.31 requires a motor carrier to conduct a road test when the motor carrier hires a new driver. ATA stated it strongly opposes replacing the Agency review of an individual's driving record, as is done in the current exemption program, with the road test required in 391.31. Response: Finally, another commenter stated that FMCSA needs to be more worried about other issues and that the existing standard is not a cause in that many accidents. Comments on the Review of an Individual's Safety Performance: 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. Additional information for the assumptions, calculations, and methodology summarized above is provided in the supporting statement for the Medical Qualification Requirements ICR. In response to the NPRM, FMCSA received 69 submissions. ACOEM stated the alternative vision standard shifts responsibility to the employer, who would be responsible for conducting a road test, which could result in inconsistent standards for assessing driver safety. 16. FMCSA disagrees that the alternative vision standard presents a loosening or reduction in vision standards. In particular, the crash information did not consider whether the CMV driver was at fault in any given crash. 12866, as supplemented by E.O. 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. In making that determination, the medical examiner must consider the information in the Vision Evaluation Report, Form MCSA-5871, signed by an ophthalmologist or optometrist and, utilizing independent medical judgment, apply the following standards in determining whether the individual may be certified as physically qualified to operate a commercial motor vehicle. FMCSA Medical Review Board, Meeting Summary, Oct. 19, 2012, available at ATA cautioned that deemphasizing the two-step process might result in additional burdens for a driver who would need to make multiple visits to a medical examiner. ATA emphasized that individuals who know they will be physically qualified under the alternative vision standard should see the vision specialist first. 14. Response: The documents posted on this site are XML renditions of published Federal They stated a simple road test cannot substitute for drivers lacking experience operating CMVs. Visual Disorders and Commercial Drivers. The road test examiners required by 391.31(b) must be able to evaluate and determine whether the person who takes the test has demonstrated that he/she is capable of operating the commercial motor vehicle. Observation by the road test examiner of the specific minimum operational tasks specified in 391.31(c) (as well as any additional tasks included because of the type of CMV to be operated) does not require any specialized knowledge about the vision deficiency. 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)). It noted the MRB previously recommended that a 120-degree field of vision be adopted.[8]. 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. Response: Small businesses may send comments on the actions of Federal employees who enforce or otherwise determine compliance with Federal regulations to the SBA's Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. (4) 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 individual held on March 22, 2022, a valid exemption from the vision standard in 391.41(b)(10)(i) issued by FMCSA under 49 CFR part 381. This section-by-section analysis provides changes from the proposed rule. For example, OOIDA stated that, in many cases, drivers with decades of experience without any at-fault crashes must leave the profession because of the economic obstacles associated with the Federal vision exemption criteria. The MRB notes further 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. The provisions of 49 CFR 391.41(b)(10) do not apply to drivers who were in good standing on March 31, 1996 in a vision waiver study program; provided, they meet certain conditions (49 CFR 391.64(b)). FMCSA did not propose and declines to require the use of an ophthalmologist in any particular case.
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