Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
January 12, 2016
[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)]
[Notices]
[Pages 1474-1478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00472]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0347]
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 28 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 [Insert date 30 days
after date of publication in the Federal Register]. 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-2015-0347 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
[[Page 1475]]
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 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 28 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
David W. Anderson
Mr. Anderson, 47, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/50. Following an examination in 2015, his optometrist stated,
``It is my opinion that David's vision is more than sufficient to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Anderson reported that he has driven straight trucks for 19 years,
accumulating 190,000 miles and tractor-trailer combinations for 19
years, accumulating 190,000 miles. He holds a Class A CDL from Oregon.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Charles H. Baim
Mr. Baim, 57, has had a retinal detachment in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/150. Following an examination in 2015, his optometrist stated,
``In my medical opinion, Mr. Bain has sufficient vision to p0erform
[sic] the driving tasks required to operate a commercial vehicle.'' Mr.
Baim reported that he has driven tractor-trailer combinations for 35
years, accumulating 2.1 million miles. He holds a Class AM CDL from
Pennsylvania. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Troy C. Blackburn
Mr. Blackburn, 40, has had an embryonic cataract 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, ``Based on Mr. Blackburn's exemplary
driving records, and the excellent vision he possesses in his left eye,
I strongly feel that he has the necessary vision to be a safe and
effective truck driver/operator.'' Mr. Blackburn reported that he has
driven straight trucks for 11 years, accumulating 385,000 miles and
tractor-trailer combinations for 11 years, accumulating 363,000 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.
Johnnie E. Byler
Mr. Byler, 38, has had refractive amblyopia in his right eye since
birth. 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,
``In my opinion, Johnnie's corrected vision and ocular health status
are adequate for him operate [sic] the driving tasks required to
operate a commercial vehicle.'' Mr. Byler reported that he has driven
straight trucks for 6 years, accumulating 498,000 miles. He holds an
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.
Raymond E. Catanio
Mr. Catanio, 75, 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 ophthalmologist
stated, ``In my medical opinion, he has sufficient vision to perform
tasks required to operate a commercial vehicle.'' Mr. Catanio reported
that he has driven straight trucks for 55 years, accumulating 2.2
million miles and tractor-trailer combinations for 55 years,
accumulating 165,000 miles. He holds a Class A CDL from New Jersey. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Dana L. Colberg
Mr. Colberg, 63, has optic atrophy in his left eye due to a
traumatic incident in 1971. The visual acuity in his right eye is 20/
20, and in his left eye, hand motion. Following an examination in 2015,
his optometrist stated, ``In my opinion, Dana's right eye provides
vision sufficient to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Colberg reported that he has driven straight
trucks for 5 years, accumulating 225,000 miles and tractor-trailer
combinations for 32 years, accumulating 2.72 million miles. He holds a
Class A CDL from Oregon. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Peter D. Costas
Mr. Costas, 56, has had a retinal detachment in his right eye since
2009. The visual acuity in his right eye is 20/400, and in his left
eye, 20/30. Following an examination in 2015, his ophthalmologist
stated, ``It is my clinical opinion that he is able to drive and has
sufficient visualization to meet the criteria for commercial vehicle
operation and that his visual acuity has been stable since his last
operation, which was in 2010.'' Mr. Costas reported that he has driven
straight trucks for 28 years, accumulating 420,000 miles. He holds a
operator's
[[Page 1476]]
license from New York. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Darrin G. Davis
Mr. Davis, 49, has had strabismic amblyopia in his right eye since
birth. 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,
``In my medical opinion, Mr [sic] Davis has sufficient vision to
perform the driving tasks required to operate a commercial motor
vehicle.'' Mr. Davis reported that he has driven tractor-trailer
combinations for 25 years, accumulating 3 million miles. He holds a
Class ABCD CDL from Wisconsin. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Rene Hernandez Gonzalez
Mr. Hernandez Gonzalez, 44, has had strabismus amblyopia in his
left eye since birth. The visual acuity in his right eye is 20/20, and
in his left eye, 20/500. Following an examination in 2015, his
optometrist stated, ``Patient does have sufficient vision OU to operate
a commercial vehicle, but the field of vision has not been examined at
our office today.'' Mr. Hernandez Gonzalez reported that he has driven
straight trucks for 3 years, accumulating 48,000 miles. He holds an
operator's license from Florida. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Johnnie W. Hines, Jr.
Mr. Hines, 49, has complete loss of vision in his right eye due to
a traumatic incident in 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, ``He has sufficient vision
on [sic] OS to perform commercial vehicle driving tasks with the
assistance of passenger and drivers side mirrors.'' Mr. Hines reported
that he has driven straight trucks for 15 years, accumulating 750,000
miles. He holds an operator's license from Florida. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Dean L. Knutson
Mr. Knutson, 61, has had amblyopia in his right eye since birth.
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, ``I also
certify, that in my medical opinion, the patient has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Knutson reported that he has driven straight trucks for
5 years, accumulating 180,000 miles. He holds a Class A3 CDL from South
Dakota. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Melvin L. Lester
Mr. Lester, 52, has complete loss of vision 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, no light perception. Following an
examination in 2015, his optometrist stated, ``It is my opinion that
Mr. Lester is capable of perform [sic] the driving tasks required to
operate a commercial vehicle.'' Mr. Lester reported that he has driven
straight trucks for 8 years, accumulating 576,000 miles, and tractor-
trailer combinations for 16 years, accumulating 1.84 million miles. He
holds a Class A CDL from Mississippi. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Gerald R. Metzler
Mr. Metzler, 60, has a prosthetic right eye due to a traumatic
incident in 1962. 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, ``In my medical opinion Gerald Metzler
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Metzler reported that he has driven
straight trucks for 31 years, accumulating 542,500 miles and tractor-
trailer combinations for 3 years, accumulating 24,000 miles. He holds a
Class AM CDL from Pennsylvania. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Kory M. Nelson
Mr. Nelson, 32, has a prosthetic left eye due to a traumatic
incident in 2001. The visual acuity in his right eye is 20/15, and in
his left eye, no light perception. Following an examination in 2015,
his ophthalmologist stated, ``The examination of the right eye is
entirely normal with the exception of mild refractive error which has
not changed significantly when compared to his current glasses. I
believe that he is able to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Nelson reported that he has driven
straight trucks for 3 years, accumulating 262,500. He holds an
operator's license from Maryland. His driving record for the last 3
years shows no crashes and 2 convictions for moving violations in a
CMV; in one he exceeded the speed limit by 15 mph and in the other he
was impeding traffic with a commercial motor vehicle.
Douglas L. Peterson
Mr. Peterson, 76, has had age-related macular degeneration in his
left eye since 2010. The visual acuity in his right eye is 20/20, and
in his left eye, 20/400. Following an examination in 2015, his
ophthalmologist stated, ``In my medical opinion, Douglas Peterson has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Peterson reported that he has driven straight
trucks for 35 years, accumulating 700,000 miles, and tractor-trailer
combinations for 10 years, accumulating 750,000 miles. He holds a Class
ABCD CDL from Wisconsin. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Ramon S. Puente
Mr. Puente, 34, has a macular scar in his right eye due to a
traumatic incident in 2003. The visual acuity in his right eye is 20/
300, and in his left eye, 20/20. Following an examination in 2015, his
optometrist stated, ``I certify that his medical/visual condition does
NOT preclude him from operating a commercial vehicle.'' Mr. Puente
reported that he has driven straight trucks for 10 years, accumulating
3,500 miles and tractor-trailer combinations for 10 years, accumulating
3,500 miles. He holds a Class A CDL from Iowa. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Dennis W. Rhoades
Mr. Rhoades, 59, has had refractive amblyopia in his right eye
since childhood. The visual acuity in his right eye is 20/60, and in
his left eye, 20/20. Following an examination in 2015, his optometrist
stated, ``It remains my opinion that Mr. Dennis Rhoades has more that
[sic] sufficient vision to safely operate a commercial vehicle.'' Mr.
Rhoades reported that he has driven straight trucks for 39 years,
accumulating 1.17 million miles and tractor-trailer combinations for 39
years, accumulating 585,000 miles. He holds a Class A CDL from Vermont.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Jose H. Rivas
Mr. Rivas, 56, has optic nerve damage in his left eye due to a
traumatic
[[Page 1477]]
incident in 1987. 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 certify in my medical opinion Mr. Rivas
is able to perform the task required to operate a commercial vehicle.''
Mr. Rivas reported that he has driven tractor-trailer combinations for
32 years, accumulating 576,000 miles. He holds a Class A CDL from New
Mexico. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Joseph T. Saba
Mr. Saba, 36, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/160, and in his left eye, 20/
20. Following an examination in 2015, his optometrist stated, ``The
amblyopia in his right eye has not changed since I first examined him
on 7/28/1998 . . . In my opinion has condition has not changed and
therefore should not restrict ability to operate a commercial motor
vehicle.'' Mr. Saba reported that he has driven straight trucks for 15
years, accumulating 375,000 miles. He holds a Class B CDL from
Minnesota. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
LeRoy W. Scharkey
Mr. Scharkey, 74, has had a corneal scar in his left since 2005.
The visual acuity in his right eye is 20/25, and in his left eye, 20/
100. Following an examination in 2015, his optometrist stated, ``In my
opinion, Mr. Scharkey has sufficient vision to perform vision tasks
required to operate a commercial vehicle.'' Mr. Scharkey reported that
he has driven straight trucks for 5 years, accumulating 50,000 miles,
tractor-trailer combinations for 5 years, accumulating 12,500 miles. He
holds a Class A CDL from Minnesota. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Roger H. Schwisow
Mr. Schwisow, 72, has had amblyopia in his left eye since birth.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
400. Following an examination in 2014, his optometrist stated, ``Based
on this testing I would say that in my opinion he has sufficient vision
to perform driving tasks required to operate a commercial vehicle.''
Mr. Schwisow reported that he has driven straight trucks for 59 years,
accumulating 1.18 million miles, tractor-trailer combinations for 44
years, accumulating 220,000 miles. He holds a Class B CDL from
Nebraska. 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 6-10 MPH.
Walton W. Smith, Jr.
Mr. Smith, Jr., 62, has a prosthetic right eye due to a traumatic
incident in 1971. 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, ``In my opinion Mr. Smith has sufficient
vision to continue safely operating a commercial vehicle.'' Mr. Smith
reported that he has driven straight trucks for 40 years, accumulating
120,000 miles, tractor-trailer combinations for 30 years, accumulating
450,000 miles. He holds a Class A CDL from Virginia. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Dustin W. Tharp
Mr. Tharp, 34, has had a prosthetic right eye due to a persistent
primary hyperplastio vitreous since childhood. The visual acuity in his
right eye has no light perception, and in his left eye, 20/20.
Following an examination in 2015, his optometrist stated, ``It is my
medical opinion that Mr. Tharp has sufficient vision to perform the
driving task required to operate a commercial vehicle.'' Mr. Tharp
reported that he has driven straight trucks for 8 months, accumulating
15,000 miles and tractor-trailer combinations for 15 years,
accumulating 187,500 miles. He holds a Class A CDL from Iowa. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Aaron D. Tillman
Mr. Tillman, 48, has had refractive amblyopia in his right eye
since childhood. The visual acuity in his right eye is 20/70, and in
his left eye, 20/20. Following an examination in 2015, his optometrist
stated, ``It is my opinion that his vision is sufficient to drive and
operate a commercial vehicle.'' Mr. Tillman reported that he has driven
straight trucks for 5 years, accumulating 340,000 miles, tractor-
trailer combinations for 8 years, accumulating 680,000 miles, and buses
for 2 years, accumulating 38,000 miles. He holds a Class CA CDL from
Delaware. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Larry J. Weber
Mr. Weber, 73, has had refractive amblyopia in his left eye since
birth. The visual acuity in his right eye is 20/25, and in his left
eye, 20/200. Following an examination in 2015, his optometrist stated,
``In my medical opinion, Larry Weber has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr. Weber
reported that he has driven straight trucks for 2 years, accumulating
24,000 miles, tractor-trailer combinations for 40 years, accumulating
2.6 million miles, and buses for 3 years, accumulating 240,000 miles.
He holds a Class ABCDM CDL from Wisconsin. His driving record for the
last 3 years shows no crashes and one conviction for a moving violation
in a CMV; the driver was cited for improper/erratic lane change.
Richard N. Wescott
Mr. Wescott, 50, has had refractive amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/80. Following an examination in 2015, his optometrist stated,
``Mr. Wescott has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Wescott reported that
he has driven tractor-trailer combinations for 13 years, accumulating
1.43 million miles. He holds a Class A CDL from Maine. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Oscar M. Wilkins
Mr. Wilkins, 65, has had reduced vision due to retinal membrane in
his left eye since 2010. The visual acuity in his right eye is 20/25,
and in his left eye, 20/50. Following an examination in 2015, his
optometrist stated, ``It is my professional opinion that Mr. Wilkins
has adequate visual skills to operate commercial vehicles without
restrictions.'' Mr. Wilkins reported that he has driven straight trucks
for 35 years, accumulating 700,000 miles, and tractor-trailer
combinations for 35 years, accumulating 700,000 miles. He holds a Class
A CDL from Maine. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Rodney W. Wright
Mr. Wright, 51, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/15, and in his left eye, 20/
60. Following an examination in 2015, his optometrist stated, ``As a
result, without question, it is my professional medical opinion that
[[Page 1478]]
Rodney has more than sufficient vision to perform all the tasks
necessary for operating a commercial vehicle.'' Mr. Wright reported
that he has driven straight trucks for 20 years, accumulating 520,000
miles. He holds a Class B CDL from Pennsylvania. 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-2015-0347 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-2015-0347 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.
Dated: December 31, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-00472 Filed 1-11-16; 8:45 am]
BILLING CODE 4910-EX-P
[Federal Register Volume 81, Number 28 (Thursday, February 11, 2016)]
[Notices]
[Page 7406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: C1-2016-00472]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0347]
Qualification of Drivers; Exemption Applications; Vision
Correction
In notice document 2016-00472 beginning on page 1474 in the issue
of Tuesday, January 12, 2016, make the following correction:
1. On page 1474, in the third column, in the DATES section,
``[Insert date 30 days after date of publication in the Federal
Register].'' should read ``February 11, 2016.''
[FR Doc. C1-2016-00472 Filed 2-10-16; 8:45 am]
BILLING CODE 1501-01-D