This request is a revision due to the
Qualifications of Drivers; Vision Standard NPRM in order to permit
individuals who cannot meet either FMCSA’s current distant visual
acuity or field of vision standard or both in one eye to be
physically qualified to operate a CMV in interstate commerce under
specified conditions. Currently, such individuals are prohibited
from driving CMVs in interstate commerce unless they obtain an
exemption from FMCSA. The need for the Federal Vision Exemption
Program would be eliminated by adding a new requirement for an
ophthalmologist or optometrist to complete the Vision Evaluation
Report, Form MCSA-5871, that would be provided to the certified ME.
The collection is mandatory. IC-1: Physical Qualification
Standards; MEs must provide driver medical exam information for
drivers they examine on medical forms and in the National Registry.
The ME must complete and furnish the original paper MEC to the
driver. The driver must complete driver health history portion of
the MER Form at least every 2 years. The motor carrier must file a
MEC in DQ record. IC-2: Resolution of Medical Conflict; The medical
conflict application provision allows drivers and motor carriers to
request FMCSA to make a final decision to resolve conflicting
medical evaluations when either party does not accept the decision
of a medical specialist. Motor carriers are required to submit an
application to FMCSA for resolution (up to 3 cases a year) and
attend a hearing (1 per year) if FMCSA deems necessary. IC-3:
Medical Exemptions; FMCSA may grant a hearing or seizure exemption
from a physical qualification standard. The driver is to complete
an application for new exemption and exemption renewal every 2
years and the motor carrier is to copy and file the exemption in
the DQ file. The vision exemption program would be eliminated if
the proposed rule is finalized. IC4: Skill Performance Evaluation
Certificate; The SPE Certificate program requires drivers to
complete an application for the new SPE certificate, complete an
application for renewal every 2 years, provide a copy of the MER
Form and MEC to FMCSA, and for motor carriers to copy and file the
SPE Certificate in the DQ record. IC-5: National Registry of
Certified Medical Examiners; MEs are required to provide contact
and employment data when registering to become a certified ME to
provide the public with contact information for those medical
professionals who are certified by FMCSA to conduct interstate CMV
driver medical exams. MEs are required to submit the results of
each CMV driver medical exam they complete daily, copies of MER
forms, and MECs via the National Registry. IC-6: Medical Examiner’s
Certification Integration Final Rule; as of June 22, 2021, the
information for CDL/CLP drivers will be electronically transmitted
to the SDLA by FMCSA for entry into the appropriate CDLIS driver
record, eliminating the need for these drivers to provide the SDLA
with the original paper MEC. FMCSA will electronically transmit
medical information for all CMV drivers to the SDLAs, eliminating
the requirement for drivers to provide it. The annual burden hours
and costs are not covered in this supporting statement. IC-7:
Qualifications of Drivers; Diabetes Standard; An individual with
ITDM is able to obtain an MEC from an ME for up to a maximum of 12
months if the TC, the healthcare professional attests to the ME the
individual maintains a stable insulin regimen and proper control of
diabetes, and the ME determines the individual meets FMCSA’s
physical qualification standards. IC-8: Qualifications of Drivers:
Vision Standard; The Vision Evaluation Report, Form MCSA-5871,
requires the collection and submission of detailed medical
information related to drivers who cannot meet either the distant
visual acuity or field of vision standard or both in one eye that
FMCSA would not otherwise collect as part of the physical
qualification processes.
PL:
Pub.L. 109 - 59 4116 Name of Law: Safe, Accountable, Flexible,
Efficent Transportation Equity Act:: A legacy for Users
(SAFETEA-LU)
PL:
Pub.L. 109 - 59 4129 Name of Law: Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users
PL: Pub.L. 109 - 59 4129 Name of Law: Safe,
Accountable, Flexible and Efficient Transporataion Equity Act: A
Legacy for Users
PL: Pub.L. 106 - 159 215 Name of Law: Motor Carrier Safety
Improvement Act of 1999 (MCSIA)
The program change due agency
discretion is a net decrease in information collection requirements
associated with the Qualification of Drivers; Vision Standard
proposed rule. IC3 had to be broken into IC3a, b, and c in order to
remove the vision exemption, IC3a, and IC8 was added. The
Qualifications of Drivers; Vision Standard proposed rule would add
482 annual burden hours and $39,717 annual salary costs. However,
eliminating the Vision Exemption Program results in removing IC3a,
2,236 less annual burden hours and $69,136 less annual salary
costs. Therefore, the proposed rule would provide a net decrease of
1,754 (482 - 2,236) in annual burden hours and $29,419 in salary
costs. The program change in agency estimate is due to updated
driver population, program statistics, National Registry
statistics, and wage data. There was a program change of a decrease
in 456,390 burden hours and a decrease of 8,345,473 respondents due
to a decrease in respondents and hours in IC1, removing IC3 in
order to divide it into IC3a, b, and c in order to remove IC3a; and
IC-5 was removed in order to be broken into IC5a, b, c, and d in
order to report changes in estimates. There is an overall decrease
of 445,908 (-456,390+482) annual burden hours. The final rule is
expected to be published in February 2022 and will bring all data
up to date.
$3,425,962
No
Yes
Yes
No
No
No
No
Robin Hamilton 202
366-0072
No
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Form MCSA-5871 IC8: Qualification of Drivers: Vision Standard
30-day FR for 2126-0006 10.14.21.pdf
PRA-2126-0006 SS Vision NPRM final.docx
Section4116 of SAFETEA-LU(Public Law 109-59) 081005.doc
IC1 - FMCSA Physical Qualification Standards