[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, [email protected], 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