Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
December 8, 2015
[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)]
[Notices]
[Pages 76345-76349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30863]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0344]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemptions; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 30 individuals
for exemption from the vision requirement in the Federal Motor Carrier
Safety Regulations. They are unable to meet the vision requirement in
one eye for various reasons. The exemptions will enable these
individuals to operate commercial motor vehicles (CMVs) in interstate
commerce without meeting the prescribed vision requirement in one eye.
If granted, the exemptions would enable these individuals to qualify as
drivers of commercial motor vehicles (CMVs) in interstate commerce.
DATES: Comments must be received on or before January 7, 2016. All
comments will be investigated by FMCSA. The exemptions will be issued
the day after the comment period closes.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2015-0344 using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or
[[Page 76346]]
Room W12-140 on the ground level of the West Building, 1200 New Jersey
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The FDMS is available 24 hours each
day, 365 days each year. If you want acknowledgment that we received
your comments, please include a self-addressed, stamped envelope or
postcard or print the acknowledgement page that appears after
submitting comments on-line.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical
Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption.'' FMCSA can renew exemptions at the end of each
2-year period. The 30 individuals listed in this notice have each
requested such an exemption from the vision requirement in 49 CFR
391.41(b)(10), which applies to drivers of CMVs in interstate commerce.
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
II. Qualifications of Applicants
Thomas G. Ashbrook
Mr. Ashbrook, 63, has had complete loss of vision in his left eye
since childhood. The visual acuity in his right eye is 20/25, and in
his left eye, no light perception. Following an examination in 2015,
his optometrist stated, ``I certify that Tom Ashbrook has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle with full distance correction.'' Mr. Ashbrook reported that he
has driven tractor-trailer combinations for 45 years, accumulating 3.6
million miles. He holds a Class A CDL from New York. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Howard D. Barton
Mr. Barton, 64, has a retinal hole in his left eye due to a
traumatic incident in 2009. The visual acuity in his right eye is 20/
20, and in his left eye, 20/100. Following an examination in 2015, his
optometrist stated, ``It is my professional opinion that Mr. Barton has
more than sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Barton reported that he has driven
straight trucks for 2 years, accumulating 100,000 miles and tractor-
trailer combinations for 46 years, accumulating 5.52 million miles. He
holds a Class A CDL from Indiana. His driving record for the last 3
years shows no crashes and one conviction for a moving violation in a
CMV; he exceeded the speed limit by 10 miles per hour.
Bryan Borrowman
Mr. Borrowman, 50, has had a chorioretinal scar in his right eye
since 2011. The visual acuity in his right eye is 20/100, and in his
left eye, 20/20. Following an examination in 2015, his optometrist
stated, ``Patient's left visual field compensates well for his right
visual field defect and should not have any problems operating a
commercial vehicle.'' Mr. Borrowman reported that he has driven
tractor-trailer combinations for 9 years, accumulating 1.35 million
miles. He holds a Class A CDL from Utah. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
George R. Cornell
Mr. Cornell, 53, has had a retinal detachment in his left eye in
2010. The visual acuity in his right eye is 20/20, and in his left eye,
no light perception. Following an examination in 2015, his optometrist
stated, ``Vision sufficient for commercial vehicle.'' Mr. Cornell
reported that he has driven straight trucks for 5 years, accumulating
50,000 miles, tractor-trailer combinations for 22 years, accumulating
1.1 million miles. He holds a Class A CDL from Ohio. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Mr. Bruce J. Dowd
Mr. Dowd, 60, has been blind in his right eye due to a traumatic
incident in 1964. The visual acuity in his right eye is no light
perception, and in his left eye, 20/15. Following an examination in
2015, his optometrist stated, ``I certify in my medical opinion that
Bruce has sufficient vision to perform the driving tasks required to
operate a heavy vehicle under 26,001 as he has for the past twenty
years.'' Mr. Dowd reported that he has driven straight trucks for 44
years, accumulating 1 million miles. He holds a Class D operator's
license from Connecticut. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Raul A. Gonzalez
Mr. Gonzalez, 46, has optic atrophy in his left eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
20/20, and in his left eye, 20/400. Following an examination in 2015,
his optometrist stated, ``He has been functioning successfully as a
commercial driver for many years and nothing has changed to date. He
has proven his ability to continue to function as a driver and we
believe his vision is adequate for that purposes [sic].'' Mr. Gonzalez
reported that he has driven tractor-trailer combinations for 25 years,
accumulating 1.94 million miles. He holds a Class A CDL license from
California. His driving record for the last 3 years shows no crashes
and one conviction for a moving violation in a CMV; he was cited for
stopping on a non-emergency shoulder.
Calvin N. Gregory, Jr.
Mr. Gregory, 65, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/200, and in his
left eye, 20/20. Following an examination in 2015, his optometrist
stated, ``Stable amblyopia . . . no impact on horizontal or vertical
visual field . . . OK to operate a commercial vehicle.'' Mr. Gregory,
reported that he has driven straight trucks for 44 years, accumulating
4.4 million miles. He holds a Class A CDL from Maryland. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Thomas E. Gross
Mr. Gross, 59, has a prosthetic left eye due to a traumatic
incident over 45 years ago. The visual acuity in his right eye is 20/
20, and in his left eye, no light perception. Following an examination
in 2015, his ophthalmologist stated, ``I certainly certify that in my
professional medical opinion that he has as he has
[[Page 76347]]
had in the past sufficient vision to perform the driving tasks required
to operate a commercial vehicle as he has in the past.'' Mr. Gross
reported that he has driven straight trucks for 40 years, accumulating
200,000 miles. He holds a Class C operator's license from Pennsylvania.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Ethan A. Hale
Mr. Hale, 24, has had a prosthetic left eye due to a traumatic
incident in 2005. The visual acuity in his right eye is 20/15, and in
his left eye, no light perception. Following an examination in 2015,
his optometrist stated, ``The applicant was found to be visually able
to safely operate a commercial motor vehicle.'' Mr. Hale reported that
he has driven straight trucks for 4 years, accumulating 80,000 miles.
He holds a Class DA CDL from Kentucky. His driving record for the last
3 years shows no crashes and one conviction for a moving violation in a
CMV; he was cited for speeding.
Steven G. Hall
Mr. Hall, 47, has had a macular hole in his left eye since 1990.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
400. Following an examination in 2015, his optometrist stated, ``In my
professional and medical opinion, Mr. Steven Hall has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Hall reported that he has driven straight trucks for 3
years, accumulating 234,000 miles, and tractor-trailer combinations for
5 years, accumulating 390,000 miles. He holds a Class A CDL from North
Carolina. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Jason F. Huddleston
Mr. Huddleston, 40 has glaucoma in his right eye due to a traumatic
incident in 2003. The visual acuity in his right eye is 20/400, and in
his left eye, 20/20. Following an examination in 2015, his optometrist
stated, ``I certify in my medical opinion that Mr. Jason Huddleston has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Huddleston reported that he has driven
straight trucks for 17 years, accumulating 208,080 miles. He holds a
Class C operator's license from Texas. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.
David A. Luke
Mr. Luke, 60, has complete loss of vision due to a traumatic
incident in his right eye since childhood. The visual acuity in his
right eye is no light perception, and in his left eye, 20/20. Following
an examination in 2015, his optometrist stated, ``I have no problem
with his ability to see adequately to drive a commercial vehicle.'' Mr.
Luke reported that he has driven straight trucks for 44 years,
accumulating 22,000 miles, and tractor-trailer combinations for 7
years, accumulating 252,000 miles. He holds a Class A CDL from
Nebraska. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Raymond J. Mannarino
Mr. Mannarino, 68, has had a macular pucker in his left eye since
1995. The visual acuity in his right eye is 20/30, and in his left eye,
20/80. Following an examination in 2015, his ophthalmologist stated,
``Certify that as per above, pt [sic] has sufficient vision to perform
commercial driving.'' Mr. Mannarino reported that he has driven
straight trucks for 40 years, accumulating 80,000 miles and tractor-
trailer combinations for 30 years, accumulating 1.2 million miles. He
holds a Class A CDL from New York. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Samuel T. Mazza, Jr.
Mr. Mazza, Jr., 35, has had dense anisometropic amblyopia in his
left eye since childhood. The visual acuity in his right eye is 20/20,
and in his left eye, 20/400. Following an examination in 2015, his
optometrist stated, ``Samuel's visual status is stable and unchanged
since I first saw him in 2010, and in my opinion, he is fit to drive a
commercial motor vehicle.'' Mr. Mazza reported that he has driven
straight trucks for 11 years, accumulating 110,000 miles, tractor-
trailer combinations for 11 years, accumulating 220,000 miles. He holds
a Class A CDL from Connecticut. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Ralph S. Miller
Mr. Miller, 59, has had a prosthetic right eye due to ocular
melanoma since 1998. The visual acuity in his right eye is no light
perception, and in his left eye, 20/20. Following an examination in
2015, his optometrist stated, ``It is my opinion that Mr. Miller has
sufficient vision to operate a commercial vehicle.'' Mr. Miller
reported that he has driven straight trucks for 35 years, accumulating
350,000 miles. He holds a Class B CDL from West Virginia. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
John M. Moore
Mr. Moore, 55, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/400, and in his left eye, 20/
20. Following an examination in 2015, his optometrist stated, ``This
patient has stable longstanding (since childhood) amblyopia in his
right eye . . . he has sufficient vision to perform the tasks required
to operate a commercial vehicle.'' Mr. Moore reported that he has
driven straight trucks for 35 years, accumulating 875,000 miles, and
tractor-trailer combinations for 35 years, accumulating 35,000 miles.
He holds a Class A CDL from Pennsylvania. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Samuel M. Mosman
Mr. Mosman, 33, has a retinal scar in his left eye due to a
traumatic incident in 2007. The visual acuity in his right eye is 20/
20, and in his left eye, 20/200. Following an examination in 2015, his
ophthalmologist stated, ``Mr. Mosman's Visual [sic] acuity has been
stable since June 2007 . . . Mr. Mosman states that he has driven a
commercial vehicle for 9 years and I believe there is nothing to
interfere with his future driving.'' Mr. Mosman reported that he has
driven straight trucks for 10 years, accumulating 400,000 miles and
tractor-trailer combinations for 8 years, accumulating 520,000 miles.
He holds a Class A CDL license from Washington. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Josh D. Nichols
Mr. Nichols, 37, had his left eye enucleated due to a traumatic
incident in 1993. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2015,
his optometrist stated, ``It is my professional opinion that Joshua D
[sic] Nichols possesses sufficient vision to perform the driving tasks
required to operate a commercial motor vehicle.'' Mr. Nichols reported
that he has driven straight trucks for 15 years, accumulating 450,000
miles. He holds an operator's license from Illinois. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
[[Page 76348]]
John P. Pitts
Mr. Pitts, 61, has vision loss in his left eye due to ocular nerve
damage in 2009. The visual acuity in his right eye is 20/20, and in his
left eye, counting fingers. Following an examination in 2015, his
optometrist stated, ``In my opinion, John Pitts has sufficient vision
to operate a commercial vehicle.'' Mr. Pitts reported that he has
driven straight trucks for 4 years, accumulating 10,000 miles and
tractor-trailer combinations for 30 years, accumulating 3 million
miles. He holds an operator's license from Arizona. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Alexander L. Resh
Mr. Resh, 24, had an infection and subsequent complete loss of
vision in his right eye due to a traumatic incident in 2013. The visual
acuity in his right eye is no light perception, and in his left eye,
20/20. Following an examination in 2015, his optometrist stated, ``He
has excellent vision in his left eye and should have no difficulty
operating a commercial vehicle.'' Mr. Resh reported that he has driven
straight trucks for 7 years, accumulating 84,000 miles. He holds a
Class C operator's license from Pennsylvania. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
August Roberts, Jr.
Mr. Roberts, 68, has had macular degeneration in his left eye since
2010. The visual acuity in his right eye is 20/20, and in his left eye,
20/50. Following an examination in 2015, his optometrist stated, ``I,
Yen Le, OD, certify that Mr. August Roberts have [sic] sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Roberts reported that he has driven straight trucks for
43 years, accumulating 645,000 miles. He holds a Class A CDL from North
Carolina. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Phillip D. Satterfield
Mr. Satterfield, 51, has had toxoplasmosis in his left eye since
birth. The visual acuity in his right eye is 20/20, and in his left
eye, 20/200. Following an examination in 2015, his optometrist stated,
``It is my medical opinion the above-referenced patient does have
sufficient vision to operate a commercial vehicle.'' Mr. Satterfield
reported that he has driven tractor-trailer combinations for 30 years,
accumulating 315,000 miles. He holds a Class A CDL from Georgia. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Fred Schmidt
Mr. Schmidt, 58, has had a prosthetic left eye due to a traumatic
incident at age 11. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2015,
his optometrist stated, ``In my opinion, this patient has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Schmidt reported that he has driven straight trucks for
40 years, accumulating 800,000 miles, tractor-trailer combinations for
30 years, accumulating 900,000 miles. He holds a Class AM CDL from
Illinois. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Robert L. Simpson
Mr. Simpson, 54, has had optic nerve atrophy in his right eye since
2012 due to a pituitary tumor. The visual acuity in his right eye is
20/200, and in his left eye, 20/20. Following an examination in 2015,
his ophthalmologist stated, ``He does see well enough to drive a
commercial vehicle.'' Mr. Simpson reported that he has driven straight
trucks for 1 year, accumulating 80,000 miles, tractor-trailer
combinations for 15 years, accumulating 1.5 million miles. He holds a
Class A CDL from North Carolina. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Franklin Tso
Mr. Tso, 72, has had a corneal scar in his right eye since
childhood. The visual acuity in his right eye is 20/80, and in his left
eye, 20/30. Following an examination in 2015, his ophthalmologist
stated, ``In my professional opinion Mr. Tso has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Tso reported that he has driven straight trucks for 56 years,
accumulating 3.4 million miles. He holds an operator's license from New
Mexico. His driving record for the last 3 years shows no crashes and 1
conviction for a moving violation in a CMV; he exceeded the speed limit
by 7 mph.
Keith D. Turnbow
Mr. Turnbow, 61, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
400. Following an examination in 2015, his optometrist stated, ``Vision
is sufficient to operate a commercial vehicle.'' Mr. Turnbow reported
that he has driven straight trucks for 41 years, accumulating 1.23
million miles and tractor-trailer combinations for 13 years,
accumulating 1.3 million miles. He holds a Class A CDL from Missouri.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
James L. Urbach
Mr. Urbach, 45, has had a chronic rhegmatagenous retinal detachment
in his left eye since 2011. The visual acuity in his right eye is 20/
15, and in his left eye, 20/60. Following an examination in 2015, his
ophthalmologist stated, ``It is my medical opinion that Mr. Urbach
possesses sufficient vision to perform the driving tasks necessary to
operate a commercial vehicle.'' Mr. Urbach reported that he has driven
tractor-trailer combinations for 10 years, accumulating 1.13 million
miles. He holds a Class A CDL from Pennsylvania. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Eric C. Weidley
Mr. Weidley, 39, has had optic neuritis in his right eye since
2009. The visual acuity in his right eye is no light perception, and in
his left eye, 20/20. Following an examination in 2015, his
ophthalmologist stated, ``In my medical opinion, you have sufficient
vision and experience to perform the driving tasks required to operate
a commercial vehicle.'' Mr.Weidley reported that he has driven straight
trucks for 16 years, accumulating 640,000 miles. He holds a Class CM
operator's license from Pennsylvania. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Jackie G. Wells
Mr. Wells, 65, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/80, and in his left eye, 20/
20. Following an examination in 2015, his optometrist stated, ``I feel
Mr. Wells has sufficient vision to perform the driving tasks required
to operate a commercial vehicle due to the fact that he is able to see
20/20 with both eyes open and has full visual fields in each eye.'' Mr.
Wells reported that he has driven straight trucks for 20 years,
accumulating 160,000 miles. He holds an operator's license from
Virginia. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
[[Page 76349]]
Charles T. Whitehead
Mr. Whitehead, 66, has had hyperopic astigmatism and refractive
amblyopia in his right eye since birth. The visual acuity in his right
eye is 20/70, and in his left eye, 20/25. Following an examination in
2015, his optometrist stated, ``Mr. Whitehead is diagnosed with
Hyperopic Astigmatism and Refractive Amblyopia [sic] of the right eye
that he has had since birth. It is my opinion that Mr. Whitehead is
capable of operating a commercial vehicle.'' Mr. Whitehead reported
that he has driven tractor-trailer combinations for 43 years,
accumulating 3.4 million miles. He holds a Class A CDL from North
Carolina. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
III. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice, indicate the specific section of this document to which each
comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so the
Agency can contact you if it has questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov and
put the docket number FMCSA-2015-0344 in the ``Keyword'' box, and click
``Search. When the new screen appears, click on ``Comment Now!'' button
and type your comment into the text box in the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit. If you submit your comments by mail
or hand delivery, submit them in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying and electronic filing. If you
submit comments by mail and would like to know that they reached the
facility, please enclose a stamped, self-addressed postcard or
envelope.
FMCSA will consider all comments and material received during the
comment period and may change this notice based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov and
insert the docket number FMCSA-2015-0344 in the ``Keyword'' box and
click ``Search.'' Next, click ``Open Docket Folder'' button and choose
the document listed to review. If you do not have access to the
Internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.
Issued on: November 30, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-30863 Filed 12-7-15; 8:45 am]
BILLING CODE 4910-EX-P