### 50730 Federal Register / Vol. 75, No. 158 / Tuesday, August 17, 2010 / Proposed Rules

are generally caused by exposure to a harmful substance or condition. If the individual claims compensation for an occupational illness or infection, the date of injury is the date the illness becomes ‘‘manifest’’ to the individual. The injury is ‘‘manifest’’ when the individual learns, or reasonably should have learned, that he or she is suffering from the illness, that the illness is related to his or her work with the responsible employer, and that he or she is disabled as a result of the illness.

(3) Hearing loss. If the individual claims compensation for hearing loss, the date of injury is the date the individual receives an audiogram with an accompanying report which indicates the individual has suffered a loss of hearing that is related to employment.

(4) Death-benefit claims. If the individual claims compensation for an employee’s death, the date of injury is the date of the employee’s death, even if his or her death was the result of an event or incident that happened on an earlier date.

(b) If the date of injury is before February 17, 2009, the individual’s entitlement is governed by section 2(3)(F) as it existed prior to the 2009 amendment.

(c) If the date of injury is on or after February 17, 2009, the employee’s eligibility is governed by the 2009 amendment to section 2(3)(F).

9. Add § 701.505 to read as follows:

**§ 701.505 May an employer stop paying benefits awarded prior to the effective date**  **of the recreational vessel exclusion amendment if the employee would now fall**  **within the exclusion?**

No. If an individual was awarded compensation for an injury occurring before February 17, 2009, the employer must still pay all benefits awarded, including disability compensation and medical benefits, even if the employee would be excluded from coverage under the amended exclusion.

Signed at Washington, DC, this 9th day of August 2010. Shelby Hallmark, Director, Office of Workers’ Compensation Programs.
[FR Doc. 2010–20080 Filed 8–16–10; 8:45 am]

**BILLING CODE 4510–CF–P ENVIRONMENTAL PROTECTION**  **AGENCY**

**40 CFR Part 52**
**[EPA–R05–OAR–2010–0529; FRL–9189–9]**
**Approval and Promulgation of Air Quality Implementation Plans; Indiana;**  **Transportation Conformity Consultation Requirement** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.

**SUMMARY :**  EPA is proposing to approve a revision to the Indiana State Implementation Plan (SIP) submitted on June 4, 2010. This revision consists of transportation conformity criteria and procedures related to interagency consultation and enforceability of certain transportation related control measures and mitigation measures. This approval will meet a requirement of the Clean Air Act and Transportation Conformity regulations.

**DATES :**  Comments must be received on or before September 16, 2010.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–R05– OAR–2010–0529, by one of the following methods:

1. www.regulations.gov: Follow the on-line instructions for submitting
comments.

2. E-mail: bortzer.Jay@epa.gov. 3. Fax: (312) 692–2054.
4. Mail: Jay Elmer Bortzer, Chief, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.

5. Hand Delivery: Jay Elmer Bortzer, Chief, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

Please see the direct final rule which is located in the Rules section of this Federal Register for detailed instructions on how to submit
comments.

**FOR FURTHER INFORMATION CONTACT :**  Patricia Morris, Environmental Scientist, Criteria Pollutant Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353–8656, morris.patricia@epa.gov. **SUPPLEMENTARY INFORMATION :**  In the Final Rules section of this Federal Register , EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the Rules section of this Federal Register

.

Dated: August 5, 2010. Bharat Mathur, Acting Regional Administrator, Region 5.
[FR Doc. 2010–20183 Filed 8–16–10; 8:45 am]

**BILLING CODE 6560–50–P**

**DEPARTMENT OF HEALTH AND HUMAN SERVICES** 

**42 CFR Part 73**

**RIN 0920–AA34**
**Public Health Security and Bioterrorism Preparedness and**  **Response Act of 2002: Biennial Review and Republication of the Select Agent**  **and Toxin List**

**AGENCY :**  Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

**ACTION :**  Extension of public comment period.

**SUMMARY :**  On July 21, 2010, the Department of Health and Human Services (HHS) published an Advanced Notice of Proposed Rulemaking (ANPRM) requesting public comment on the current HHS list of select agents and toxins. This document is extending the comment period for that ANPRM in order to align the comment period with the comment period of a related document published by the Animal and Plant Health Inspection Service (APHIS)