[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Notices]
[Pages 31423-31427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12636]


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 DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0154]


Qualification of Drivers; Application for Exemptions; National 
Association of the Deaf

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

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SUMMARY: FMCSA announces that the National Association of the Deaf 
(NAD) has applied for exemptions on behalf of 45 individuals from the 
hearing requirement in the Federal Motor Carrier Safety Regulations 
(FMCSRs). In accordance with the statutory requirements concerning 
applications for exemptions, FMCSA requests public comments on NAD's 
request. The statute and implementing regulations concerning exemptions 
require that exemptions must provide an equivalent or greater level of 
safety than if they were not granted. If the Agency determines the 
exemptions would satisfy the statutory requirements and decides to 
grant the NAD's request after reviewing the public comments submitted 
in response to this notice, the exemptions would enable these 45 
individuals to qualify as drivers of CMVs in interstate commerce 
without meeting the Federal hearing standard.

DATES: Comments must be received on or before June 25, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2012-0154 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., 
ET, 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 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., ET, 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: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's Privacy Act Statement for the FDMS published in 
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit 
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief Medical 
Programs, (202) 366-4001, [email protected], FMCSA, Department of 
Transportation, 1200 New Jersey Avenue SE., Room W64-

[[Page 31424]]

224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 
p.m., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    The Federal Motor Carrier Safety Administration has authority to 
grant exemptions from many of the Federal Motor Carrier Safety 
Regulations (FMCSRs) under 49 U.S.C. 31315 and 31136(e), as amended by 
Section 4007 of the Transportation Equity Act for the 21st Century 
(TEA-21) (Pub. L. 105-178, June 9, 1998, 112 Stat. 107, 401). FMCSA has 
published in 49 CFR part 381, subpart C final rules implementing the 
statutory changes in its exemption procedures made by section 4007, 69 
FR 51589 (August 20, 2004).\1\ Under the rules in part 381, subpart C, 
FMCSA must publish a notice of each exemption request in the Federal 
Register. The Agency must provide the public with an opportunity to 
inspect the information relevant to the application, including any 
safety analyses that have been conducted and any research reports, 
technical papers and other publications referenced in the application. 
The Agency must also provide an opportunity to submit public comment on 
the applications for exemption.
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    \1\ This action adopted as final rules the interim final rules 
issued by FMCSA's predecessor in 1998 (63 FR 67600 (Dec. 8, 2008)), 
and adopted by FMCSA in 2001 (66 FR 49867 (Oct. 1, 2001)).
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    The Agency reviews the safety analyses and the public comments and 
determines whether granting the exemption would likely achieve a level 
of safety equivalent to or greater than the level that would be 
achieved without the exemption. The decision of the Agency must be 
published in the Federal Register. If the Agency denies the request, it 
must state the reason for doing so. If the decision is to grant the 
exemption, the notice must specify the person or class of persons 
receiving the exemption and the regulatory provision or provisions from 
which an exemption is granted. The notice must also specify the 
effective period of the exemption (up to 2 years) and explain the terms 
and conditions of the exemption. The exemption may be renewed.
    The current provisions of the FMCSRs concerning hearing state that 
a person is physically qualified to drive a CMV if that person

    First perceives a forced whispered voice in the better ear at 
not less than 5 feet with or without the use of a hearing aid or, if 
tested by use of an audiometric device, does not have an average 
hearing loss in the better ear greater than 40 decibels at 500 Hz, 
1,000 Hz, and 2,000 Hz with or without a hearing aid when the 
audiometric device is calibrated to American National Standard 
(formerly ASA Standard) Z24.5--1951.

49 CFR 391.41(b)(11). This standard was adopted in 1970, with a 
revision in 1971 to allow drivers to be qualified under this standard 
while wearing a hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36 
FR 12857 (July 3, 1971).

    FMCSA also issues instructions for completing the medical 
examination report and includes advisory criteria on the report itself 
to provide guidance for medical examiners in applying the hearing 
standard. See 49 CFR 391.43(f). The current advisory criteria for the 
hearing standard include a reference to a report entitled ``Hearing 
Disorders and Commercial Motor Vehicle Drivers'' prepared for the 
Federal Highway Administration, FMCSA's predecessor, in 1993.\2\
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    \2\ This report is available on the FMCSA Web site at http://www.fmcsa.dot.gov/facts-research/research-technology/publications/medreport_archives.htm.
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National Association of the Deaf Application for Exemptions

    On July 28, 2011, the National Association of the Deaf (NAD), wrote 
FMCSA asking for exemptions for a number of drivers from the hearing 
requirements in 49 CFR 391.41(b)(11).\3\ In support of these 
applications for exemption, the NAD cited and relied on a study 
requested by FMCSA and presented to the Agency in 2008. The evidence 
report was prepared for the purpose of providing information regarding 
the current state of knowledge on hearing and CMV driver safety.\4\ The 
evidence report reached two conclusions regarding the matter of hearing 
loss and CMV driver safety: (1) No studies that examined the 
relationship between hearing loss and crash risk exclusively among CMV 
drivers were identified; and (2) evidence from studies of the private 
driver license holder population does not support the contention that 
individuals with hearing impairment are at an increased risk for a 
crash. In addition, according to NAD, ``The same report also questioned 
the validity of the DOT's `forced whisper test' concluding that the 
`forced whisper test' has a high sensitivity, but low specificity, 
meaning that some people with normal hearing fail the forced whisper 
test.''
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    \3\ Vargas, Mary C., National Association of the Deaf, to Larry 
Minor, Associate Administrator, FMCSA, July 28, 2011, ``Re: 
Exemption from 49 CFR 391.41 (b)(11).'' See the docket for this 
notice. Initially, the request was for exemptions for 21 drivers, 
and NAD later submitted information for 24 additional drivers 
requesting exemptions, for a total of 45 included in this notice.
    \4\ Price, N., Tiller, M, Reston, J., & Tregear, S., ``Executive 
Summary on Hearing, Vestibular Function and Commercial Motor Driving 
Safety,'' presented to FMCSA on August 26, 2008. Retrieved April 27, 
2012, from: http://www.fmcsa.dot.gov/rules-regulations/TOPICS/mep/report/Hearing-Evidence-Report-Final-Executive-Summary-prot.pdf. See 
the docket for this notice. The full text of the Evidence Report is 
available through a link at http://ntl.bts.gov/lib/30000/30400/30459/Hearing_DOT-FMCSA_-_FINAL_8-29-08.pdf. The evidence report 
also reviewed vestibular disorders, which are not included in these 
exemption applications.
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    The NAD maintains that communication in trucking is no longer 
hampered by hearing loss because drivers increasingly rely on 
smartphones and other technology to communicate with dispatch. The NAD 
conducted over 100 hours of interviews with individuals who are deaf 
and hard of hearing and reports that deaf drivers face fewer 
distractions behind the wheel.

FMCSA Requests Comments on the Exemption Applications

    FMCSA requests comments from all interested parties on whether a 
driver who cannot meet the hearing standard should be permitted to 
operate a CMV in interstate commerce. Further, the Agency asks for 
comments on whether a driver who cannot meet the hearing standard 
should be limited to operating only certain types of vehicles in 
interstate commerce, for example, vehicles without air brakes. The 
statute and implementing regulations concerning exemptions require that 
the Agency request public comments on all applications for exemptions. 
The Agency is also required to make a determination that an exemption 
would likely achieve a level of safety that is equivalent to, or 
greater than, the level that would be achieved absent such exemption 
before granting any such requests. 49 U.S.C. 31315(b)(1). See also 49 
CFR 381.305(a).

Individual Applicants for Exemptions

    The NAD has applied for an exemption for each of the 45 individuals 
listed in this notice from the hearing requirement in 49 CFR 
391.41(b)(11), which applies to drivers of CMVs in interstate commerce. 
The NAD states that each of these drivers has ``a proven track record 
of safe driving'' and ``can satisfy all of the Physical Qualification 
Standards, with the exception of the hearing test contained in Sec.  
391.41(b)(11).'' Accordingly, after receiving public comment on the 
requests for exemption and the impacts on safety, the Agency will 
evaluate each application for an exemption to determine whether 
granting an

[[Page 31425]]

exemption will achieve the required level of safety mandated by 
statute.

Information on Individual Applicants

David W. Bateman

    Mr. Bateman holds a class A commercial drivers license (CDL) from 
the state of Minnesota. He has driven intrastate for the past 14 years, 
including driving dump trucks and tractor trailer trucks. He would like 
to drive tractor trailer trucks in interstate commerce, if he is 
granted an exemption.

William B. Britt, Jr.

    Mr. Britt holds a class D drivers license from the state of 
Tennessee. Class D has a for-hire endorsement that allows a person to 
drive vehicles such as limousines and taxis. He operates his personal 
vehicle in his job as a repairman. He would like to obtain a CDL and 
drive passenger buses, if granted an exemption.

Alan T. Brown

    Mr. Brown holds a class B CDL from the state of New Jersey. He 
currently drives a pick-up truck for a gas company and operates in 
intrastate commerce. He would like to apply for work as a CMV driver in 
interstate commerce, if granted an exemption.

David W. Brown

    Mr. Brown holds a class A CDL from the state of Maine but is 
limited to intrastate operations. He has driven trucks since 1983 in 
intrastate commerce and has operated a number of different types of 
trucks, including vehicles with airbrakes. He would like to operate a 
CMV in interstate commerce, if granted an exemption.

Ernest W. Brown

    Mr. Brown holds a class D driver's license from the state of 
Kentucky. He would like to obtain a CDL and drive CMVs greater than 
26,001 pounds in interstate commerce, if granted an exemption.

Cody J. Campbell

    Mr. Campbell holds a class D driver's license from Louisiana. He 
currently is a ``light duty driver,'' driving a tractor. He would like 
to obtain a CDL and drive heavy equipment such as a dump truck, or rig 
truck with a trailer, if granted an exemption.

Tyjuan M. Davis

    Mr. Davis holds a class D driver's license from the state of 
Florida. His family is in the trucking business and he would like to 
obtain a class A CDL and drive tractor trailers in interstate commerce, 
if granted an exemption.

Randall R. Doane

    Mr. Doane holds a class AM CDL from the state of Texas. He has 
logged over 250,000 miles driving trucks in interstate commerce prior 
to failing his hearing test recently. He has experience driving double/
triple trailers, tankers and hazardous material transport. He is 
currently permitted to drive a CMV in intrastate commerce. He would 
like to return to driving CMVs in interstate commerce, if granted an 
exemption.

Allen W. Estes

    Mr. Estes holds a class B CDL from the state of Louisiana. He has 
driven a bus transporting students to and from school since 1990. He 
would like to obtain a CDL so that he can transport students to events 
outside of Louisiana, if granted an exemption.

Leslie A. Fairbanks

    Mr. Fairbanks held a class A CDL driver's license from the state of 
Minnesota from 2001 until 2010, when he failed his hearing test. During 
that time he drove a variety of tractor trailer trucks in interstate 
commerce. He would like to obtain a CDL and return to driving tractor 
trailer trucks, if he is granted an exemption.

Edward T. Geariety

    Mr. Geariety held a class A CDL from the state of Minnesota from 
1996 until 2011, when he failed his hearing test. During that time he 
drove large trucks carrying stone from a quarry to customers. He would 
like to return to driving CMVs in interstate commerce, if granted an 
exemption.

Donald W. Gordon

    Mr. Gordon holds a class CM driver's license from the state of 
Pennsylvania. He operates a mini-van as an independent contractor 
picking up and delivering materials. He would like to obtain a CDL and 
drive CMVs for a national carrier, if granted an exemption.

William Edward Haab

    Mr. Haab holds a class D driver's license from the state of 
Louisiana. He is interested in obtaining a CDL and pursuing a career in 
commercial trucking, if granted an exemption.

Charles L. Harper

    Mr. Harper holds a driver's license from the state of Washington. 
He has driven rental vehicles and a12-seat van for a group home. He 
would like to obtain a CDL and have the opportunity to drive CMVs in 
interstate commerce, if granted an exemption.

Cornelio Hernandez

    Mr. Hernandez holds a driver's license from the state of 
California. He has enrolled in a driving course for a class B CDL, but 
was unable to complete it as he did not pass the hearing test. He would 
like to obtain a class A or B CDL to pursue work driving CMVs in 
interstate commercial driver, if granted an exemption.

David Hoffman

    Mr. Hoffman has experience operating commercial motor vehicles in 
intrastate commerce. This includes experience driving heavy equipment, 
dump trucks and public works trucks with trailers while living in the 
state of Tennessee. He relocated to South Dakota, but is unable to 
obtain a class A CDL because he could not pass the hearing test. He 
would like to obtain a CDL to drive trucks in interstate commerce, if 
granted an exemption.

Alvin L. Johnson

    Mr. Johnson holds a class CM driver's license from the state of 
Georgia. He would like to attend driving school to obtain a CDL and 
drive CMVs in interstate commerce, if granted an exemption.

Jerry D. Jones

    Mr. Jones holds a class C CDL from the state of Texas. He has 7 
years experience driving a variety of forklifts for a construction 
company. He would like to pursue opportunities driving CMVs in 
interstate commerce, if granted an exemption.

James E. Karr

    Mr. Karr holds a class DM driver's license from the state of 
Kentucky. He would like to obtain a CDL and seek employment 
opportunities driving CMVs in interstate commerce, if granted an 
exemption.

Lorin W. King

    Mr. King holds a class D driver's license from the state of 
Oklahoma. The class D license permits one to drive regular automobiles 
and trucks. He has experience driving single trailer vehicles with 
airbrakes. He would like to obtain a CDL and seek employment 
opportunities driving CMVs in interstate commerce, if granted an 
exemption.

Christopher Kuller

    Mr. Kuller holds a class M driver's license from the state of 
Indiana. In the past, he held a CDL and hazmat license, and drove in 
interstate commerce for 14

[[Page 31426]]

years, until he was unable to pass the DOT hearing test. He would like 
to obtain a CDL and return to driving CMVs in interstate commerce, if 
granted an exemption.

Julio Cesar Medrano

    Mr. Medrano holds a driver's license from the state of Washington. 
He is currently a student majoring in diesel technology, graduating in 
May 2012. Most job descriptions for diesel engine technicians include a 
requirement that he hold a CDL, due to the need to pick up and drive 
trucks back to the shop for repair. He would like to obtain a CDL and 
drive CMVs in interstate commerce, if granted an exemption.

Hal A. Miller

    Mr. Miller holds a class C driver's license from the state of Iowa. 
A class C allows the operation of vehicles under 26,000 pounds. He has 
experience operating a Ryder rental truck and personal farm tractors. 
He would like to obtain a CDL and drive CMVs in interstate commerce, if 
granted an exemption.

Kathy K. Miller

    Ms. Miller holds a class C driver's license from the state of Iowa. 
She has experience driving students to and from local activities. She 
is limited at work due to her not being able to pass the hearing test 
and obtain a DOT medical card. She would like to obtain a CDL and drive 
CMVs in interstate commerce, if granted an exemption. She is interested 
in career opportunities with package delivery companies.

Brian J. Minch

    Mr. Minch holds a driver's license from the state of New Hampshire. 
He currently drives super duty pick-up trucks for landscape and 
construction companies. He would like to obtain a CDL and drive CMVs in 
interstate commerce, if granted an exemption.

Larry J. Moss

    Mr. Moss holds a driver's license from the state of California. He 
currently works for a delivery and hauling service, driving trucks and 
often pulling a trailer. He would like to attend trucking school, 
obtain a CDL and drive CMVs in interstate commerce, if granted an 
exemption.

Leslie R. O'Rorke

    Mr. O'Rorke holds a class D driver's license from the state of 
Illinois. He has experience driving super duty pick-up trucks with a 
trailer and dump trucks for a tree service company. He would like to 
obtain a CDL and drive CMVs in interstate commerce, if granted an 
exemption.

Timothy A. Parker

    Mr. Parker holds a class C driver's license from the state of 
California. The class C license in California allows one to operate a 
traditional two-axle vehicle. He has experience operating 18-wheel 
trucks as well as forklifts. He would like to obtain a CDL so he can 
drive the tractor trailer trucks in interstate commerce, if granted an 
exemption.

Gregory M. Potter

    Mr. Potter holds a class C driver's license from the state of 
Texas. He has experience driving a company van and rental trucks towing 
a trailer. He would like to obtain a class A CDL to drive tanker trucks 
in interstate commerce, if granted an exemption.

Gerson P. Rameriez

    Mr. Rameriez holds a class D driver's license from the state of 
Montana. He has experience driving a dump truck towing a trailer. He 
also drove a truck for five years while working as a painter. He would 
like to obtain a class A CDL and attend a trucking school in Montana, 
if granted an exemption.

Jeremy Reams

    Mr. Reams holds a class D driver's license from the state of 
Kentucky. The class D is valid for any single motor vehicle, and a 
trailer with weights not greater than 26,000 pounds. He has experience 
driving 24-foot moving trucks, fifth wheel vehicles and has hauled 
ATV's for personal use. He would like to obtain a CDL to drive CMVs in 
interstate commerce, if granted an exemption.

Noel A. Rodriguez

    Mr. Rodriguez holds a driver's license from the state of 
Connecticut. He has experience towing rental trailers and as a delivery 
driver for a dental lab. He would like to obtain a class A or B CDL and 
drive tractor trailer combination vehicles in interstate commerce, if 
granted an exemption.

Robert R. Rotondi

    Mr. Rotondi holds a driver's license from the state of South 
Carolina. He has experience driving rental trucks and forklifts. He 
currently owns a 12-foot trailer he uses to tow his motorcycle. He 
would like to obtain a class A or B CDL and drive CMVs in interstate 
commerce, if granted an exemption.

Daniel Schoultz

    Mr. Schoultz holds a class C driver's license from the state of 
Pennsylvania. He has 25 years experience driving trucks, but he is 
currently not able to pass the DOT hearing test. He would like to 
obtain a CDL again and drive CMVs in interstate commerce, if granted an 
exemption.

Stanley W. Shields

    Mr. Shields holds a class D driver's license from the state of 
Kentucky. He would like to obtain a CDL and to seek employment 
opportunities as a CMV driver, if granted an exemption.

James M. Skinner

    Mr. Skinner holds a driver's license from the state of Florida that 
allows him to drive any non-commercial vehicle less than 26,001 pounds. 
He has experience driving rental trucks and towing rental trailers. He 
would like to obtain a class A CDL and drive an interstate tractor 
trailer weighing over 26,001 pounds with airbrakes, if granted an 
exemption.

Ronald J. Taylor

    Mr. Taylor holds a class C driver's license from the state of 
Texas. He is currently a student, but would like to seek opportunities 
in driving. He would like to obtain a CDL to drive CMVs in interstate 
commerce, if granted an exemption.

Morris W. Townsend

    Mr. Townsend holds a class A CDL from the state of North Carolina, 
allowing him to drive CMV's in intrastate commerce. He has owned a 
towing company for nine years and has experience driving a roll back 
truck with which he can carry two cars. He would like to be able to 
expand his business. He would like to obtain a CDL allowing him to 
drive CMVs in interstate commerce, if granted an exemption.

Justin J. Trethewey

    Mr. Trethewey holds a class C chauffeur license from the state of 
Michigan. He is starting his own transit business after working as a 
chauffeur. He would like to obtain a CDL and tow a gooseneck trailer to 
transport cars, recreational vehicles or small trailers, if granted an 
exemption.

Gilbert J. Valdez

    Mr. Valdez holds a driver's license from the state of Rhode Island. 
He currently works part-time and would like to obtain a CDL to seek 
employment opportunities driving CMVs in interstate commerce, if 
granted an exemption.

Mark L. Valimont

    Mr. Valimont holds a class C driver's license from the state of 
Texas. He is

[[Page 31427]]

currently a package handler. He has 13 years experience driving dump 
trucks and three years experience driving a tractor. He would like to 
obtain a CDL and drive CMVs in interstate commerce, if granted an 
exemption.

Billy J. Warnock

    Mr. Warnock holds a class M driver's license from the state of 
Indiana. He has 14 years experience driving CMV's in interstate 
commerce and has logged more than three million miles crossing 48 
states. He recently was unable to pass the DOT hearing test and is no 
longer able to operate CMV's in interstate commerce. He would like to 
return to driving CMVs and possibly start his own business, if granted 
an exemption.

Kevin C. Willis

    Mr. Willis holds a class C driver's license from the state of 
California. He has held a FAA Private Pilot Certificate since 2006 and 
flies private planes that weigh up to 12,500 pounds. He would like to 
obtain a CDL and pursue employment opportunities in the commercial 
transportation business, if granted an exemption.

James R. Wilson

    Mr. Wilson holds a class C driver's license from the state of 
Georgia. He has experience driving forklifts and a super duty pickup 
truck for a private employer. He would like to obtain a CDL and drive 
CMV's in interstate commerce, if granted an exemption.

Holly Cameron Wright, Jr.

    Mr. Wright holds a class C driver's license from the state of North 
Carolina. He has experience driving forklifts and commercial vehicles 
at his family-owned business site. He would like to obtain a CDL and 
drive CMVs in interstate commerce, if granted an exemption.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA 
requests public comment from all interested persons on the exemption 
petitions described in this notice. The Agency will consider all 
comments received before the close of business June 25, 2012. Comments 
will be available for examination in the docket at the location listed 
under the ADDRESSES section of this notice. The Agency will file 
comments received after the comment closing date in the public docket, 
and will consider them to the extent practicable. In addition to late 
comments, FMCSA will also continue to file, in the public docket, 
relevant information that becomes available after the comment closing 
date. Interested persons should monitor the public docket for new 
material.

    Issued on: May 16, 2012.
Anne S. Ferro,
 Administrator.
[FR Doc. 2012-12636 Filed 5-24-12; 8:45 am]
BILLING CODE 4910-EX-P