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. 

[FR Doc. 2012–10247 Filed 4–26–12; 8:45 am] 

BILLING CODE 4710–33–P 

DEPARTMENT OF STATE 

[Public Notice 7860] 

Culturally Significant Object Imported 

for Exhibition Determinations: ‘‘The 

Wealth of a Nation: British Silver From 

the Museum’s Collection’’ 

SUMMARY: 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 

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 

[Public Notice 7858] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘1812: 

A Nation Emerges’’ 

SUMMARY: 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 

address is U.S. Department of State, SA– 

5, L/PD, Fifth Floor (Suite 5H03), 

Washington, DC 20522–0505. 

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 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Withdrawal of Notice. 

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 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Notices 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 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2011–0383] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: 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: 

Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at: http:// 

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

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 

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 http://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 

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 

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