80 FR 49302 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 158 (August 17, 2015)

Page Range		49302-49304
FR Document		2015-20189

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 22 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

Federal Register, Volume 80 Issue 158 (Monday, August 17, 2015)

[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Notices]
[Pages 49302-49304]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20189]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2000-8398; FMCSA-2003-14504; FMCSA-2005-20560; FMCSA-
2009-0154; FMCSA-2009-0303; FMCSA-2011-0124]


Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces its decision to renew the exemptions from the 
vision requirement in the Federal Motor Carrier Safety Regulations for 
22 individuals. FMCSA has statutory authority to exempt individuals 
from the vision requirement if the exemptions granted will not 
compromise safety. The Agency has concluded that granting these 
exemption renewals will provide a level of safety that is equivalent to 
or greater than the level of safety maintained without the exemptions 
for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective September 22, 2015. Comments must be 
received on or before September 16, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2000-
8398; FMCSA-2003-14504; FMCSA-2005-20560; FMCSA-2009-0154; FMCSA-

[[Page 49303]]

2009-0303; FMCSA-2011-0124], 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 or Courier: 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 number for this notice. Note that DOT posts all comments 
received without change to http://www.regulations.gov, including any 
personal information included in a comment. Please see the Privacy Act 
heading below.
    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 Federal Docket Management System (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: Charles A. Horan, III, Director, 
Carrier, Driver and Vehicle Safety Standards, 202-366-4001, 
[email protected], FMCSA, Department of Transportation, 1200 New 
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office 
hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except 
Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption 
from the vision requirements in 49 CFR 391.41(b)(10), which applies to 
drivers of CMVs in interstate commerce, for a two-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.'' The procedures for requesting an exemption (including 
renewals) are set out in 49 CFR part 381.

II. Exemption Decision

    This notice addresses 22 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 22 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:
Carl W. Adams (MN)
Michael K. Adams (OH)
Mark R. Anderson (MI)
Eleazar R. Balli (TX)
Darrell W. Bayless (TX)
Keith A. Bliss (NY)
Lloyd D. Burgess (OH)
Clifford D. Carpenter (MO)
Cecil A. Evey (ID)
Kamal A. Gaddah (OH)
Terry L. Hudgens (OH)
Eric M. Kousgaard (NE)
James F. McMahon, Jr. (NH)
Samuel A. Miller (IN)
Angelo D. Rogers (AL)
Larry T. Rogers (IL)
Ricky J. Sanderson (UT)
Marcial Soto-Rivas (OR)
Boyd D. Stamey (NC)
David C. Sybesma (ID)
Temesgn H. Teklezig (WA)
Matthew K. Tucker (MN)
    The exemptions are extended subject to the following conditions: 
(1) That each individual has a physical examination every year (a) by 
an ophthalmologist or optometrist who attests that the vision in the 
better eye continues to meet the requirements in 49 CFR 391.41(b)(10), 
and (b) by a medical examiner who attests that the individual is 
otherwise physically qualified under 49 CFR 391.41; (2) that each 
individual provides a copy of the ophthalmologist's or optometrist's 
report to the medical examiner at the time of the annual medical 
examination; and (3) that each individual provide a copy of the annual 
medical certification to the employer for retention in the driver's 
qualification file and retains a copy of the certification on his/her 
person while driving for presentation to a duly authorized Federal, 
State, or local enforcement official. Each exemption will be valid for 
two years unless rescinded earlier by FMCSA. The exemption will be 
rescinded if: (1) The person fails to comply with the terms and 
conditions of the exemption; (2) the exemption has resulted in a lower 
level of safety than was maintained before it was granted; or (3) 
continuation of the exemption would not be consistent with the goals 
and objectives of 49 U.S.C. 31136(e) and 31315.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application for additional two year periods. In accordance with 49 
U.S.C. 31136(e) and 31315, each of the 22 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (65 FR 78256; 66 FR 16311; 68 FR 13360; 68 FR 19598; 68 FR 
33570; 70 FR 12265; 70 FR 17504; 70 FR 25878; 70 FR 30997; 72 FR 11426; 
72 FR 28093; 72 FR 40362; 74 FR 19270; 74 FR 20523; 74 FR 34394; 74 FR 
37295; 74 FR 48343; 74 FR 60022; 75 FR 4623; 76 FR 34136; 76 FR 37173; 
76 FR 53708; 76 FR 54530; 76 FR 55463; 78 FR 78477; 79 FR 53708). Each 
of these 22 applicants has requested renewal of the exemption and has 
submitted evidence showing that the vision in the better eye continues 
to meet the requirement specified at 49 CFR 391.41(b)(10) and that the 
vision impairment is stable. In addition, a review of each record of 
safety while driving with the respective vision deficiencies over the 
past two years indicates each applicant continues to meet the vision 
exemption requirements.
    These factors provide an adequate basis for predicting each 
driver's ability to continue to drive safely in interstate commerce. 
Therefore, FMCSA concludes that extending the exemption for each 
renewal applicant for a period of two years is likely to achieve a 
level of safety equal to that existing without the exemption.

IV. 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 (FMCSA-2000-8398; FMCSA-2003-14504; FMCSA-2005-20560; FMCSA-
2009-0154; FMCSA-2009-0303; FMCSA-2011-0124), indicate the specific 
section of this document to

[[Page 49304]]

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, got to http://www.regulations.gov 
and put the docket number, ``FMCSA-2000-8398; FMCSA-2003-14504; FMCSA-
2005-20560; FMCSA-2009-0154; FMCSA-2009-0303; FMCSA-2011-0124'' 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 any documents mentioned in this 
preamble as being available in the docket, go to http://www.regulations.gov and in the search box insert the docket number, 
``FMCSA-2000-8398; FMCSA-2003-14504; FMCSA-2005-20560; FMCSA-2009-0154; 
FMCSA-2009-0303; FMCSA-2011-0124'' in the ``Keyword'' box and click 
``Search.'' Next, click ``Open Docket Folder'' button 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: August 7, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-20189 Filed 8-14-15; 8:45 am]
 BILLING CODE 4910-EX-P

49302 Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices

methylphenidate as the second-line of for drivers with narcolepsy. One exemptions would achieve a level of
treatment. The AASM also recommends anonymous commenter encouraged the safety equivalent to or greater than the
amphetamine, methamphetamine, or FMCSA not to grant exemptions to these level of safety maintained without the
dextroamphetamine as alternative individuals due to concerns of the high exemption. Each applicant has, prior to
second-line treatments. No studies that risk of the underlying medical condition this notice, received a letter of final
directly examined the impact of in combination with operating a large disposition on his/her exemption
treatment with modafinil, armodafinil, CMV. request. Those decision letters outlined
sodium oxybate (used with narcolepsy FMCSA Response fully the basis for the denial and
with cataplexy), or anti-depressants on constitute final Agency action. The list
crash risk or driving performance were To evaluate the effects of these published today summarizes the
identified during the literature searches. exemption requests on safety, FMCSA Agency’s recent denials as required
Evidence-based conclusions pertaining reviewed and considered the content of under 49 U.S.C. 31315(b)(4).
to treatment with these medications on each request individually and all The following three applicants are
crash risk and driving performance comments received. denied exemptions from the physical
could not be drawn. FMCSA acknowledges comments qualification standards in [49 CFR
Currently available evidence suggests received attesting that individual 391.41(b)(8)] and [49 CFR 391.41(b)(9)]:
that amphetamines and/or applicants are responsible drivers Thomas Skagen, Charles Larry Peterson,
methylphenidate are effective in currently on a stable therapeutic and Stanley Jandreau.
improving symptoms of EDS in regimen which includes medication
therapy. The Agency considered Issued on: August 3, 2015.
individuals with narcolepsy (quality of Larry W. Minor,
studies range from ‘‘moderate to low’’). available medical and scientific data
concerning medication therapy for Associate Administrator for Policy.
However, these improvements do not
result in levels of daytime sleepiness narcolepsy. As discussed in the [FR Doc. 2015–20187 Filed 8–14–15; 8:45 am]
that can be considered to be normal in background section of this notice, BILLING CODE 4910–EX–P

the vast majority of individuals. evidence-based conclusions pertaining
Evidence-based conclusions pertaining to treatment with medications on crash
risk and driving performance could not DEPARTMENT OF TRANSPORTATION
to the impact of treatment with
amphetamines, methylphenidate, or be drawn.
Concerning ATAs comments Federal Motor Carrier Safety
other related stimulant drugs on Administration
cognitive and psychomotor function recommending granting fewer
among individuals with narcolepsy exemptions and revising the current [Docket No. FMCSA–2000–8398; FMCSA–
cannot be drawn at this time. medical standards, FMCSA 2003–14504; FMCSA–2005–20560; FMCSA–
In January 2010, the FMCSA’s acknowledges ATA’s concerns. The 2009–0154; FMCSA–2009–0303; FMCSA–
Medical Review Board (MRB) FMCSA has statutory authority (49 2011–0124]
recommended that individuals with U.S.C. 31136(e) and 31315), to consider
granting exemptions from the Federal Qualification of Drivers; Exemption
narcolepsy be ineligible for a Applications; Vision
commercial driver’s license, even with Motor Carrier Safety Regulations for a 2-
treatment.2 year period if it finds ‘‘such exemption AGENCY: Federal Motor Carrier Safety
would likely achieve a level of safety Administration (FMCSA), DOT.
Discussion of Public Comments that is equivalent to or greater than the ACTION: Notice of renewal of
The FMCSA published the names of level that would be achieved absent exemptions; request for comments.
three individuals seeking exemption in such exemption.’’ The FMCSA reviews
a Federal Register Notice, on April 17, its medical standards through the use of SUMMARY: FMCSA announces its
2015, and requested public comment. evidence reports, various medical expert decision to renew the exemptions from
The public comment period closed on panels and the Agency’s Medical the vision requirement in the Federal
May 18, 2015. A total of 17 commenters Review Board and proposes evidence- Motor Carrier Safety Regulations for 22
responded. The majority of commenters based revisions to the medical standards individuals. FMCSA has statutory
were in favor of the applicants through the rulemaking process which authority to exempt individuals from
continuing to drive CMV’s with takes a considerable length of time. the vision requirement if the
Narcolepsy. Fourteen commenters The exemption process is the exemptions granted will not
consisting mainly of private citizens Agency’s most viable alternative in the compromise safety. The Agency has
stated that the individual drivers listed short term to consider whether drivers concluded that granting these
in the notice were responsible drivers, with disqualifying medical conditions exemption renewals will provide a level
were stable and compliant with their and who are found to meet an of safety that is equivalent to or greater
medication therapy, had safe driving equivalent level of safety, should be than the level of safety maintained
histories, and believed that the permitted to operate in interstate without the exemptions for these
individuals would continue to be safe commerce. commercial motor vehicle (CMV)
drivers while on medication The State Conclusion drivers.
of New York’s medical consultants DATES: This decision is effective
FMCSA evaluated the three
reviewed the docket and suggested that September 22, 2015. Comments must be
individual exemption requests on their
drivers with narcolepsy be allowed to received on or before September 16,
mstockstill on DSK4VPTVN1PROD with NOTICES

merits and available data from FMCSA’s
operate commercially only if they have 2015.
Evidence Reports, the Medical Review
been treated medically and have been
Board recommendations and public ADDRESSES: You may submit comments
event-free for at least one year. Three
comments received. The Agency has bearing the Federal Docket Management
commenters did not support exemption
determined that the available medical System (FDMS) numbers: Docket No.
2 Medical Review Board Meeting; January 6, 2010; and scientific literature and research [Docket No. FMCSA–2000–8398;
http://www.mrb.fmcsa.dot.gov/documents/Final_ provides insufficient data to enable the FMCSA–2003–14504; FMCSA–2005–
Jan_6_2010_MRB_Meeting_Summary.pdf. Agency to conclude that granting the 20560; FMCSA–2009–0154; FMCSA–

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Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices 49303

2009–0303; FMCSA–2011–0124], using I. Background enforcement official. Each exemption
any of the following methods: Under 49 U.S.C. 31136(e) and 31315, will be valid for two years unless
• Federal eRulemaking Portal: Go to FMCSA may renew an exemption from rescinded earlier by FMCSA. The
http://www.regulations.gov. Follow the the vision requirements in 49 CFR exemption will be rescinded if: (1) The
on-line instructions for submitting 391.41(b)(10), which applies to drivers person fails to comply with the terms
comments. of CMVs in interstate commerce, for a and conditions of the exemption; (2) the
exemption has resulted in a lower level
• Mail: Docket Management Facility; two-year period if it finds ‘‘such
of safety than was maintained before it
U.S. Department of Transportation, 1200 exemption would likely achieve a level
was granted; or (3) continuation of the
New Jersey Avenue SE., West Building of safety that is equivalent to or greater
exemption would not be consistent with
Ground Floor, Room W12–140, than the level that would be achieved
the goals and objectives of 49 U.S.C.
Washington, DC 20590–0001. absent such exemption.’’ The
31136(e) and 31315.
• Hand Delivery or Courier: West procedures for requesting an exemption
Building Ground Floor, Room W12–140, (including renewals) are set out in 49 III. Basis for Renewing Exemptions
1200 New Jersey Avenue SE., CFR part 381. Under 49 U.S.C. 31315(b)(1), an
Washington, DC, between 9 a.m. and 5 II. Exemption Decision exemption may be granted for no longer
p.m., Monday through Friday, except than two years from its approval date
Federal Holidays. This notice addresses 22 individuals and may be renewed upon application
who have requested renewal of their
• Fax: 1–202–493–2251. for additional two year periods. In
exemptions in accordance with FMCSA accordance with 49 U.S.C. 31136(e) and
Instructions: Each submission must procedures. FMCSA has evaluated these
include the Agency name and the 31315, each of the 22 applicants has
22 applications for renewal on their satisfied the entry conditions for
docket number for this notice. Note that merits and decided to extend each
DOT posts all comments received obtaining an exemption from the vision
exemption for a renewable two-year requirements (65 FR 78256; 66 FR
without change to http:// period. They are:
www.regulations.gov, including any 16311; 68 FR 13360; 68 FR 19598; 68 FR
Carl W. Adams (MN) 33570; 70 FR 12265; 70 FR 17504; 70 FR
personal information included in a Michael K. Adams (OH)
comment. Please see the Privacy Act 25878; 70 FR 30997; 72 FR 11426; 72 FR
Mark R. Anderson (MI) 28093; 72 FR 40362; 74 FR 19270; 74 FR
heading below. Eleazar R. Balli (TX) 20523; 74 FR 34394; 74 FR 37295; 74 FR
Docket: For access to the docket to Darrell W. Bayless (TX) 48343; 74 FR 60022; 75 FR 4623; 76 FR
read background documents or Keith A. Bliss (NY)
34136; 76 FR 37173; 76 FR 53708; 76 FR
comments, go to http:// Lloyd D. Burgess (OH)
54530; 76 FR 55463; 78 FR 78477; 79 FR
www.regulations.gov at any time or Clifford D. Carpenter (MO)
53708). Each of these 22 applicants has
Room W12–140 on the ground level of Cecil A. Evey (ID)
requested renewal of the exemption and
the West Building, 1200 New Jersey Kamal A. Gaddah (OH)
has submitted evidence showing that
Avenue SE., Washington, DC, between 9 Terry L. Hudgens (OH)
the vision in the better eye continues to
a.m. and 5 p.m., Monday through Eric M. Kousgaard (NE)
meet the requirement specified at 49
Friday, except Federal holidays. The James F. McMahon, Jr. (NH)
CFR 391.41(b)(10) and that the vision
Federal Docket Management System Samuel A. Miller (IN)
impairment is stable. In addition, a
(FDMS) is available 24 hours each day, Angelo D. Rogers (AL)
review of each record of safety while
365 days each year. If you want Larry T. Rogers (IL)
driving with the respective vision
acknowledgment that we received your Ricky J. Sanderson (UT)
deficiencies over the past two years
comments, please include a self- Marcial Soto-Rivas (OR)
indicates each applicant continues to
addressed, stamped envelope or Boyd D. Stamey (NC)
meet the vision exemption
postcard or print the acknowledgement David C. Sybesma (ID)
requirements.
page that appears after submitting Temesgn H. Teklezig (WA) These factors provide an adequate
comments on-line. Matthew K. Tucker (MN) basis for predicting each driver’s ability
Privacy Act: In accordance with 5 The exemptions are extended subject to continue to drive safely in interstate
U.S.C. 553(c), DOT solicits comments to the following conditions: (1) That commerce. Therefore, FMCSA
from the public to better inform its each individual has a physical concludes that extending the exemption
rulemaking process. DOT posts these examination every year (a) by an for each renewal applicant for a period
comments, without edit, including any ophthalmologist or optometrist who of two years is likely to achieve a level
personal information the commenter attests that the vision in the better eye of safety equal to that existing without
provides, to www.regulations.gov, as continues to meet the requirements in the exemption.
described in the system of records 49 CFR 391.41(b)(10), and (b) by a
notice (DOT/ALL–14 FDMS), which can medical examiner who attests that the IV. Public Participation and Request for
be reviewed at www.dot.gov/privacy. individual is otherwise physically Comments
qualified under 49 CFR 391.41; (2) that FMCSA encourages you to participate
FOR FURTHER INFORMATION CONTACT:
each individual provides a copy of the by submitting comments and related
Charles A. Horan, III, Director, Carrier, ophthalmologist’s or optometrist’s
Driver and Vehicle Safety Standards, materials.
report to the medical examiner at the
202–366–4001, fmcsamedical@dot.gov, Submitting Comments
mstockstill on DSK4VPTVN1PROD with NOTICES

time of the annual medical examination;
FMCSA, Department of Transportation, and (3) that each individual provide a If you submit a comment, please
1200 New Jersey Avenue SE., Room copy of the annual medical certification include the docket number for this
W64–224, Washington, DC 20590–0001. to the employer for retention in the notice (FMCSA–2000–8398; FMCSA–
Office hours are from 8:30 a.m. to 5 p.m. driver’s qualification file and retains a 2003–14504; FMCSA–2005–20560;
Monday through Friday, except Federal copy of the certification on his/her FMCSA–2009–0154; FMCSA–2009–
holidays. person while driving for presentation to 0303; FMCSA–2011–0124), indicate the
SUPPLEMENTARY INFORMATION: a duly authorized Federal, State, or local specific section of this document to

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Document Created: 2015-12-15 11:06:41
Document Modified: 2015-12-15 11:06:41

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of renewal of exemptions; request for comments.
Dates		This decision is effective September 22, 2015. Comments must be received on or before September 16, 2015.
Contact		Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays.
FR Citation		80 FR 49302

80 FR 49302 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 158 (August 17, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration