Proposed Recommendations on Obstructive Sleep Apnea, 25226-25227 [2012-10176]

Download as PDF 25226 Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Notices respective agencies that is valued in excess of $25,000, information that can be used to verify the employment of Iraqi nationals by such contractor or grantee. To the extent possible, biographical information, to include employee name, date(s) of employment, biometric, and other data must be collected and used to verify employment for the processing and adjudication of refugee, asylum, special immigrant visa, and other immigration claims and applications. Methodology The Department of State will collect the information via electronic submission. Additional Information This information collection will be used to fulfill the requirements under Section 1248 of the National Defense Authorization Act of 2008 (Pub. L. 108– 181). Dated: April 23, 2012. Amy B. Nelson, Acting Office Director, Office of Refugee Admissions, Bureau of Populations, Refugees, and Migration, Department of State. possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the Federal Register. FOR FURTHER INFORMATION CONTACT: For further information, including a description of the exhibit object, contact Paul W. Manning, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202– 632–6469). The mailing address is U.S. Department of State, SA–5, L/PD, Fifth Floor (Suite 5H03), Washington, DC 20522–0505. Dated: April 18, 2012. J. Adam Ereli, Principal Deputy Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2012–10251 Filed 4–26–12; 8:45 am] BILLING CODE 4710–05–P DEPARTMENT OF STATE [FR Doc. 2012–10247 Filed 4–26–12; 8:45 am] BILLING CODE 4710–33–P SUMMARY: [Public Notice 7860] Culturally Significant Object Imported for Exhibition Determinations: ‘‘The Wealth of a Nation: British Silver From the Museum’s Collection’’ Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, and Delegation of Authority No. 236–3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the object to be included in the exhibition ‘‘The Wealth of a Nation: British Silver from the Museum’s Collection,’’ imported from abroad for temporary exhibition within the United States, is of cultural significance. The object is imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit object at the Metropolitan Museum of Art, New York, New York, from on or about May 15, 2012, until on or about October 28, 2012, and at mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 19:06 Apr 26, 2012 Jkt 226001 Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, and Delegation of Authority No. 236–3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the objects to be included in the exhibition ‘‘1812: A Nation Emerges,’’ imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at The National Portrait Gallery, Washington, DC from on or about June 15, 2012, until on or about January 27, 2013, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the Federal Register. FOR FURTHER INFORMATION CONTACT: For further information, including a list of the exhibit objects, contact Ona M. Hahs, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202–632–6473). The mailing PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 Dated: April 19, 2012. J. Adam Ereli, Principal Deputy Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2012–10249 Filed 4–26–12; 8:45 am] BILLING CODE 4710–05–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA–2012–0102] Proposed Recommendations on Obstructive Sleep Apnea Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Withdrawal of Notice. AGENCY: FMCSA is withdrawing its proposed regulatory guidance for obstructive sleep apnea (OSA) and request for comment as published on April 20, 2012. The Agency is still in the process of carefully reviewing the recommendations submitted by the Motor Carrier Safety Advisory Committee and Medical Review Board. The initial publication was a clerical error. We anticipate requesting public comment on the recommendations later this year. DATES: This withdrawal is effective April 27, 2012. FOR FURTHER INFORMATION CONTACT: Angela Ward, Nurse Consultant Medical Programs, (202) 366–4001, fmcsamedical@dot.gov, 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: SUMMARY: [Public Notice 7858] Culturally Significant Objects Imported for Exhibition Determinations: ‘‘1812: A Nation Emerges’’ DEPARTMENT OF STATE address is U.S. Department of State, SA– 5, L/PD, Fifth Floor (Suite 5H03), Washington, DC 20522–0505. Background A notice was published in the Federal Register on April 20, 2012 (77 FR 23794) announcing proposed regulatory guidance on OSA and the medical certification of commercial motor vehicle drivers based on joint recommendations from the Agency’s Motor Carrier Safety Advisory Committee and the Medical Review Board. Because there are a number of initiatives and programs for which the Agency is currently seeking public engagement and comment, however, the Agency defers until later this year, a request for public comment on the E:\FR\FM\27APN1.SGM 27APN1 Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Notices regulatory guidance on OSA. This will enable interested parties a better opportunity to focus on and provide comments on this important safety issue. Issued on: April 20, 2012. William Bronrott, Deputy Administrator. [FR Doc. 2012–10176 Filed 4–26–12; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2011–0383] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt seventeen individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce. DATES: The exemptions are effective April 27, 2012. The exemptions expire on April 28, 2014. FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Room W64–224, Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: SUMMARY: mstockstill on DSK4VPTVN1PROD with NOTICES Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: https:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to https:// www.regulations.gov and/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. Privacy Act: Anyone may search the electronic form of all comments received into any of DOT’s dockets by the name of the individual submitting the comment (or of the person signing VerDate Mar<15>2010 17:44 Apr 26, 2012 Jkt 226001 the comment, if submitted on behalf of an association, business, labor union, or other entity). You may review DOT’s Privacy Act Statement for the Federal Docket Management System (FDMS) published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit https://edocket.access.gpo.gov/ 2008/pdf/E8-785.pdf. Background On March 7, 2012, FMCSA published a notice of receipt of Federal diabetes exemption applications from seventeen individuals and requested comments from the public (77 FR 13686). The public comment period closed on April 6, 2012, and no comments were received. FMCSA has evaluated the eligibility of the seventeen applicants and determined that granting the exemptions to these individuals would achieve a level of safety equivalent to or greater than the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(3). Diabetes Mellitus and Driving Experience of the Applicants The Agency established the current requirement for diabetes in 1970 because several risk studies indicated that drivers with diabetes had a higher rate of crash involvement than the general population. The diabetes rule provides that ‘‘A person is physically qualified to drive a commercial motor vehicle if that person has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control’’ (49 CFR 391.41(b)(3)). FMCSA established its diabetes exemption program, based on the Agency’s July 2000 study entitled ‘‘A Report to Congress on the Feasibility of a Program to Qualify Individuals with Insulin-Treated Diabetes Mellitus to Operate in Interstate Commerce as Directed by the Transportation Act for the 21st Century.’’ The report concluded that a safe and practicable protocol to allow some drivers with ITDM to operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal Register notice in conjunction with the November 8, 2005 (70 FR 67777), Federal Register notice provides the current protocol for allowing such drivers to operate CMVs in interstate commerce. These seventeen applicants have had ITDM over a range of 1 to 16 years. These applicants report no severe hypoglycemic reactions resulting in loss of consciousness or seizure, requiring the assistance of another person, or resulting in impaired cognitive function PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 25227 that occurred without warning symptoms, in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the past 5 years. In each case, an endocrinologist verified that the driver has demonstrated a willingness to properly monitor and manage his/her diabetes mellitus, received education related to diabetes management, and is on a stable insulin regimen. These drivers report no other disqualifying conditions, including diabetes-related complications. Each meets the vision requirement at 49 CFR 391.41(b)(10). The qualifications and medical condition of each applicant were stated and discussed in detail in the March 7, 2012, Federal Register notice and they will not be repeated in this notice. Discussion of Comment FMCSA received one comment in this proceeding. The Pennsylvania Department of Transportation stated that it has reviewed the driving history for William F. Watkins, Jr. and is in favor of granting him a Federal Diabetes exemption. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. To evaluate the effect of these exemptions on safety, FMCSA considered medical reports about the applicants’ ITDM and vision, and reviewed the treating endocrinologists’ medical opinion related to the ability of the driver to safely operate a CMV while using insulin. Consequently, FMCSA finds that in each case exempting these applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is likely to achieve a level of safety equal to that existing without the exemption. Conditions and Requirements The terms and conditions of the exemption will be provided to the applicants in the exemption document and they include the following: (1) That each individual submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation; (2) that each individual reports within 2 business days of occurrence, all episodes of severe hypoglycemia, significant complications, or inability to manage E:\FR\FM\27APN1.SGM 27APN1

Agencies

[Federal Register Volume 77, Number 82 (Friday, April 27, 2012)]
[Notices]
[Pages 25226-25227]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10176]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA-2012-0102]


Proposed Recommendations on Obstructive Sleep Apnea

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

ACTION: Withdrawal of Notice.

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SUMMARY: FMCSA is withdrawing its proposed regulatory guidance for 
obstructive sleep apnea (OSA) and request for comment as published on 
April 20, 2012. The Agency is still in the process of carefully 
reviewing the recommendations submitted by the Motor Carrier Safety 
Advisory Committee and Medical Review Board. The initial publication 
was a clerical error. We anticipate requesting public comment on the 
recommendations later this year.

DATES: This withdrawal is effective April 27, 2012.

FOR FURTHER INFORMATION CONTACT: Angela Ward, Nurse Consultant Medical 
Programs, (202) 366-4001, fmcsamedical@dot.gov, 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:

Background

    A notice was published in the Federal Register on April 20, 2012 
(77 FR 23794) announcing proposed regulatory guidance on OSA and the 
medical certification of commercial motor vehicle drivers based on 
joint recommendations from the Agency's Motor Carrier Safety Advisory 
Committee and the Medical Review Board. Because there are a number of 
initiatives and programs for which the Agency is currently seeking 
public engagement and comment, however, the Agency defers until later 
this year, a request for public comment on the

[[Page 25227]]

regulatory guidance on OSA. This will enable interested parties a 
better opportunity to focus on and provide comments on this important 
safety issue.

    Issued on: April 20, 2012.
William Bronrott,
 Deputy Administrator.
[FR Doc. 2012-10176 Filed 4-26-12; 8:45 am]
BILLING CODE 4910-EX-P

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