Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules 63425 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

• Hand Delivery: Bring comments to 

Docket Operations in Room W12–140 of 

the West Building Ground Floor at 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For more information on the rulemaking 

process, see the SUPPLEMENTARY

INFORMATION section of this document. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http:// 

DocketsInfo.dot.gov. 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to Docket Operations in Room W12– 

140 of the West Building Ground Floor 

at 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Shirley Stroman, ARM–104, Office of 

Rulemaking, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; email shirley.stroman@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

You may refer to the NPRM published 

in the Federal Register (75 FR 55852) on 

September 14, 2010 for detailed 

instructions on filing your comments to 

the proposed rule and how we will 

handle them. 

Availability of Rulemaking Documents 

You can get an electronic copy using 

the Internet by: 

(1) Searching the Federal 

eRulemaking Portal at http:// 

www.regulations.gov; 

(2) Visiting the Office of Rulemaking’s 

Web page at http://www.faa.gov/avr/ 

arm/index.cfm; or 

(3) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue, 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the docket number, notice 

number, or amendment number of this 

rulemaking. 

Background 

On September 14, 2010, the FAA 

published an NPRM (75 FR 55852) 

entitled ‘‘Flightcrew Member Duty and 

Rest Requirements.’’ The proposed 

regulation recognizes the growing 

similarities between the types of 

operations and the universality of 

factors that lead to fatigue in most 

individuals. Fatigue threatens aviation 

safety because it increases the risk of 

pilot error that could lead to an 

accident. The new requirements, if 

adopted, would eliminate the current 

distinctions between domestic, flag and 

supplemental operations. The proposal 

provides different requirements based 

on the time of day, whether an 

individual is acclimated to a new time 

zone, and the likelihood of being able to 

sleep under different circumstances. 

The NPRM comment period is 

scheduled to close on November 15, 

2010. 

Since publication of the NPRM, the 

FAA has received several petitions to 

extend the comment period. Requests 

for extension include those from 

National Air Carrier Association, Cargo 

Airline Association (CAA), United 

Parcel Service (UPS), Atlas Air 

Worldwide Holdings, Inc., Air 

Transport Association of America, Inc., 

(ATA), Air Carrier Association of 

America, Regional Airline Association, 

and others. The requests include ones 

for a 30-day extension, 45-day 

extension, 60-day extension, and 180- 

day extension. 

In general, the petitioners said the 

additional time is necessary due to the 

length and complexity of the NPRM and 

Regulatory Impact Analysis. Several 

petitioners, including CAA, UPS, and 

ATA, also said the recent statutory 

mandate that requires carriers to submit 

a Fatigue Risk Management Plan to the 

FAA by October 30, 2010, will take time 

and resources away from developing 

comments to the NPRM. 

The FAA has reviewed the requests 

for an extension of the comment period 

on the ‘‘Flightcrew Member Duty and 

Rest Requirements’’ NPRM. While we 

understand the reasons for these 

requests, we do not believe an extension 

is necessary for the reasons stated 

below. 

FAA Response to Comment Period 

Extension Requests 

In 2009, the FAA established the 

Flight and Duty Time Limitations and 

Rest Requirements Aviation Rulemaking 

Committee (ARC). The ARC provided a 

forum for the aviation industry to give 

extensive input on revising current 

flight and duty time limitations 

regulations. Therefore, the FAA does 

not believe it is necessary to extend the 

comment period for the proposed rule. 

Consequently, the requests for an 

extension of the comment period are 

denied. Also, in the recently passed 

Airline Safety and Federal Aviation 

Administration Extension Act of 2010, 

Congress mandated that the FAA issue 

a final rule on pilot fatigue by August 

1, 2011. To help ensure that we meet 

this deadline, the FAA must receive 

comments to its proposed rule by 

November 15, 2010. However, as stated 

in Title 14 Code of Federal Regulations 

§ 11.45, we will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. 

The requests for extension and this 

Notice will be included in the 

rulemaking docket. 

Issued in Washington, DC, on October 12, 

2010. 

Dennis Pratte, 

Acting Deputy Director, Office of Rulemaking. 

[FR Doc. 2010–26142 Filed 10–14–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Office of Workers’ Compensation 

Programs 

20 CFR Part 701 

RIN 1240–AA02 

Regulations Implementing the 

Longshore and Harbor Workers’ 

Compensation Act: Recreational 

Vessels 

AGENCY: Office of Workers’ 

Compensation Programs, Labor. 

ACTION: Notice of proposed rulemaking; 

request for comments. 

SUMMARY: The Office of Workers’ 

Compensation Programs (OWCP) is 

republishing the Notice of Proposed 

Rulemaking entitled Longshore and 

Harbor Workers’ Compensation Act: 

Recreational Vessels, published on 

August 17, 2010 (75 FR 50718), and 

affording the public an additional 

period for submitting comments. This 

document contains proposed 

regulations implementing amendments 

to the Longshore and Harbor Workers’ 

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63426 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules 

Compensation Act (LHWCA) by the 

American Recovery and Reinvestment 

Act of 2009 (ARRA), relating to the 

exclusion of certain recreational-vessel 

workers from the LHWCA’s definition of 

‘‘employee.’’ These regulations would 

clarify both the definition of 

‘‘recreational vessel’’ and those 

circumstances under which workers are 

excluded from LHWCA coverage when 

working on those vessels. The proposed 

rules also codify the Department’s 

longstanding view that employees are 

covered under the LHWCA so long as 

some of their work constitutes 

‘‘maritime employment’’ within the 

meaning of the statute. 

DATES: The Department invites written 

comments on the proposed rule from 

interested parties. The Department is 

particularly interested in receiving 

comments regarding the proposed 

definition of ‘‘recreational vessel.’’ When 

first published, the Department set 

October 18, 2010 as the deadline for 

comments on the NPRM, which 

afforded the public 60 days to submit 

comments. 75 FR 50718 (Aug. 17, 2010). 

As explained in the supplementary 

information section below, the 

Department is republishing the NPRM 

to accommodate revising the title of 20 

CFR chapter VI. The Department is also 

effectively lengthening the comment 

period by 30 days. The Department 

believes that the combined comment 

period—a total of 90 days—will allow 

interested members of the public 

sufficient time to review the NPRM and 

submit comments. Accordingly, written 

comments must be received by 

November 17, 2010. 

ADDRESSES: You may submit written 

comments, identified by RIN number 

1240–AA02, by any of the following 

methods. To facilitate the receipt and 

processing of comment letters, OWCP 

encourages interested parties to submit 

their comments electronically. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions on the Web site for 

submitting comments. 

• Facsimile: (202) 693–1380 (this is 

not a toll-free number). Only comments 

of ten or fewer pages (including a FAX 

cover sheet and attachments, if any) will 

be accepted by FAX. 

• Regular Mail: Submit comments on 

paper, disk, or CD–ROM to the Division 

of Longshore and Harbor Workers’ 

Compensation, Office of Workers’ 

Compensation Programs, U.S. 

Department of Labor, Room C–4315, 200 

Constitution Avenue, NW., Washington, 

DC 20210. The Department’s receipt of 

U.S. mail may be significantly delayed 

due to security procedures. You must 

take this into consideration when 

preparing to meet the deadline for 

submitting comments. 

• Hand Delivery/Courier: Submit 

comments on paper, disk, or CD–ROM 

to the Division of Longshore and Harbor 

Workers’ Compensation, Office of 

Workers’ Compensation Programs, U.S. 

Department of Labor, Room C–4315, 200 

Constitution Avenue, NW., Washington, 

DC 20210. 

Instructions: All submissions received 

must include the agency name and the 

Regulatory Information Number (RIN) 

for this rulemaking. All comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Michael Niss, Director, Division of 

Longshore and Harbor Workers’ 

Compensation, Office of Workers’ 

Compensation Programs, U.S. 

Department of Labor, Room C–4315, 200 

Constitution Avenue, NW., Washington, 

DC 20210. Telephone: (202) 693–0038 

(this is not a toll-free number). TTY/ 

TDD callers may dial toll free 1–800– 

877–8339 for further information. 

SUPPLEMENTARY INFORMATION: 

I. Background of This Rulemaking 

A. Statutory Background 

Section 2(3) of the LHWCA defines 

‘‘employee’’ to mean ‘‘any person 

engaged in maritime employment, 

including any longshoreman or other 

person engaged in longshoring 

operations, and any harbor-worker 

including a ship repairman, shipbuilder, 

and ship-breaker * * *.’’ 33 U.S.C. 

902(3). The remainder of this provision, 

initially enacted as part of the 1984 

amendments to the LHWCA, lists eight 

categories of workers who are excluded 

from the definition of ‘‘employee’’ and 

therefore excluded from LHWCA 

coverage. 33 U.S.C. 902(3)(A)–(H). 

Section 2(3)(F) in particular excluded 

from coverage ‘‘individuals employed to 

build, repair, or dismantle any 

recreational vessel under sixty-five feet 

in length,’’ provided that such 

individuals were ‘‘subject to coverage 

under a State workers’ compensation 

law.’’ 33 U.S.C. 902(3)(F). 

Section 803 of Title IX of the 

American Recovery and Reinvestment 

Act of 2009, Public Law 111–5, 123 Stat. 

115, 127 (2009), amended the section 

2(3)(F) exclusion. That provision now 

excludes ‘‘individuals employed to 

build any recreational vessel under 

sixty-five feet in length, or individuals 

employed to repair any recreational 

vessel, or to dismantle any part of a 

recreational vessel in connection with 

the repair of such vessel,’’ and retains 

the State-workers’-compensationcoverage proviso. 33 U.S.C. 902(3)(F), as 

amended by Public Law 111–5 section 

803, 123 Stat 115, 187 (2009) (emphasis 

supplied). 

Thus, under the original version of 

section 2(3)(F), all individuals working 

on recreational vessels shorter than 

sixty-five feet were excluded from the 

definition of ‘‘employee.’’ The amended 

exclusion retains this same rule for 

employees building recreational vessels. 

For individuals who repair or dismantle 

recreational vessels, however, the 

amended exclusion provides for 

different treatment. Now, workers who 

repair recreational vessels or dismantle 

them for repair are excluded from the 

definition of ‘‘employee’’ regardless of 

the vessel’s length. With the removal of 

the sixty-five feet length limit, the 

number of vessels that will be 

considered recreational for LHWCA 

purposes will increase; and as vessel 

numbers increase, the number of 

workers who repair or dismantle them 

for repair will naturally increase as well. 

On the other hand, amended section 

2(3)(F) no longer excludes workers who 

dismantle recreational vessels, except 

when the dismantling is in connection 

with a repair. Thus, some workers 

previously excluded may now be 

considered ‘‘employees’’ under section 

2(3). 

The proposed regulations clarify how 

amended section 2(3)(F) should be 

interpreted and applied in several 

respects. 

B. Reasons for Republication 

The NPRM proposes revisions to 

regulations contained in 20 CFR chapter 

VI governing the administration of the 

LHWCA and its extensions, and the 

Black Lung Benefits Act (BLBA). When 

the NPRM was initially published on 

August 17, 2010, Chapter VI was titled 

‘‘Employment Standards 

Administration, Department of Labor.’’ 

Because the Secretary dissolved the 

Employment Standards Administration 

on November 8, 2009 (see Secretary’s 

Order 10–2009, 74 FR 58834 (Nov. 13, 

2009)), that title was no longer accurate. 

The Department has now issued a final 

rule revising the title to reflect the 

Secretary’s delegation of her authority to 

administer the LHWCA and its 

extensions, and the BLBA to the 

Director, OWCP. Accordingly, OWCP is 

republishing the NPRM under the 

current Chapter VI title, ‘‘Office of 

Workers’ Compensation Programs, 

Department of Labor (Divisions of 

Longshore and Harbor Workers’ 

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Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules 63427 

Compensation and Coal Mine Workers’ 

Compensation).’’ 

II. Summary of the Proposed Rule 

The Department summarized each 

proposed regulation in the August 17, 

2010 NPRM. 75 FR 50719–24. Those 

summaries apply with equal force to 

this republished NPRM. 

III. Statutory Authority 

The Department’s statement of its 

statutory authority for proposing these 

rules is set forth in the August 17, 2010 

NPRM. 75 FR 50724. 

IV. Other Legal Analyses 

The Department’s analysis of the 

following legal requirements is set forth 

in the August 17, 2010 NPRM: 

A. Information Collection 

Requirements (subject to the Paperwork 

Reduction Act) Imposed under the 

Proposed Rule, 75 FR 50724. 

B. Executive Order 12866 (Regulatory 

Planning and Review), 75 FR 50724. 

C. Small Business Regulatory 

Enforcement Fairness Act of 1996, 75 

FR 50725. 

D. Unfunded Mandates Reform Act of 

1995, 75 FR 50725. 

E. Regulatory Flexibility Act and 

Executive Order 13272 (Proper 

Consideration of Small Entities in 

Agency Rulemaking), 75 FR 50725–28. 

F. Executive Order 13132 

(Federalism), 75 FR 50728. 

G. Executive Order 12988 (Civil 

Justice Reform), 75 FR 50728. 

H. Congressional Review Act, 75 FR 

50728. 

List of Subjects in 20 CFR Part 701 

Longshore and harbor workers, 

Organization and functions (government 

agencies), Workers’ compensation. 

For the reasons set forth in the 

preamble, the Department of Labor 

proposes to amend 20 CFR part 701 as 

follows: 

PART 701—GENERAL; 

ADMINISTERING AGENCY; 

DEFINITIONS AND USE OF TERMS 

1. The authority citation for part 701 

is revised to read as follows: 

Authority: 5 U.S.C. 301 and 8171 et seq.; 

33 U.S.C. 939; 36 DC Code 501 et seq.; 42 

U.S.C. 1651 et seq.; 43 U.S.C. 1331; 

Reorganization Plan No. 6 of 1950, 15 FR 

3174, 3 CFR, 1949–1953 Comp., p. 1004, 64 

Stat. 1263; Secretary’s Order 10–2009; Pub. L. 

111–5 § 803, 123 Stat. 115, 187 (2009). 

2. Revise the undesignated center 

heading following § 701.203 to read as 

follows: 

Definitions and Use of Terms 

* * * * * 

2a. Amend § 701.301 as follows: 

a. Revise the section heading; 

b. Redesignate paragraph (a)(12) as 

§ 701.302, with its sub-paragraphs 

redesignated according to the following 

table: 

Former designation in 

§ 701.301 

New designation in 

§ 701.302 

(a)(12)(i) introductory 

text.

(a) introductory text. 

(a)(12)(i)(A) ............... (a)(1). 

(a)(12)(i)(B) ............... (a)(2). 

(a)(12)(i)(C) ............... (a)(3). 

(a)(12)(ii) introductory 

text.

(b) introductory text. 

(a)(12)(ii)(A) ............... (b)(1). 

(a)(12)(ii)(B) ............... (b)(2). 

(a)(12)(iii) introductory 

text.

(c) introductory text. 

(a)(12)(iii)(A) .............. (c)(1). 

(a)(12)(iii)(B) .............. (c)(2). 

(a)(12)(iii)(C) .............. (c)(3). 

(a)(12)(iii)(D) .............. (c)(4). 

(a)(12)(iii)(E) .............. (c)(5). 

(a)(12)(iii)(F) .............. (c)(6). 

c. Redesignate paragraphs (a)(13) 

through (a)(16) as (a)(12) through (a)(15). 

The revision reads as follows: 

§ 701.301 What do certain terms in this 

subchapter mean? 

* * * * * 

3. Amend newly designated § 701.302 

by adding a section heading, and by 

revising paragraph (c)(6) to read as 

follows: 

§ 701.302 Who is an employee? 

* * * * * 

(c) * * * 

(6) Individuals employed to build any 

recreational vessel under sixty-five feet 

in length, or individuals employed to 

repair any recreational vessel, or to 

dismantle any part of a recreational 

vessel in connection with the repair of 

such vessel. For purposes of this 

paragraph, the special rules set forth at 

§§ 701.501 through 701.505 apply. 

4. Add § 701.303 to read as follows: 

§ 701.303 Is a worker who engages in both 

qualifying ‘‘maritime employment’’ and nonqualifying duties in the course of 

employment an ‘‘employee’’ covered by the 

LHWCA? 

(a) An individual is a covered 

‘‘employee’’ if he or she performs at least 

some work in the course of employment 

that qualifies as ‘‘maritime employment’’ 

and that work is not- 

(1) Infrequent, episodic, or too 

minimal to be a regular part of his or her 

overall employment; or 

(2) Otherwise excluded from coverage 

under § 701.302. 

(b) The individual’s status as a 

covered ‘‘employee’’ does not depend on 

whether he or she was engaged in 

qualifying maritime employment or 

non-qualifying work when injured. 

5. Add a new undesignated center 

heading following § 701.401 and add 

§ 701.501 to read as follows: 

Special Rules for the Recreational 

Vessel Exclusion From the Definition of 

‘‘Employee’’ 

§ 701.501 What is a Recreational Vessel? 

(a) Recreational vessel means a 

vessel— 

(1) Being manufactured or operated 

primarily for pleasure; or 

(2) Leased, rented, or chartered to 

another for the latter’s pleasure. 

(b) Recreational vessel does not 

include a— 

(1) ‘‘Passenger vessel’’ as defined by 46 

U.S.C. 2101(22); 

(2) ‘‘Small passenger vessel’’ as 

defined by 46 U.S.C. 2101(35); 

(3) ‘‘Uninspected passenger vessel’’ as 

defined by 46 U.S.C. 2101(42); 

(4) Vessel routinely engaged in 

‘‘commercial service’’ as defined by 46 

U.S.C. 2101(5); or 

(5) Vessel that routinely carries 

‘‘passengers for hire’’ as defined by 46 

U.S.C. 2101(21a). 

(c) All subsequent amendments to the 

statutes referenced in paragraph (b) of 

this section are incorporated. The 

statutes referenced in paragraph (b) and 

all subsequent amendments thereto 

apply as interpreted by regulations in 

Title 46 of the Code of Federal 

Regulations. 

6. Add § 701.502 to read as follows: 

§ 701.502 What types of work may exclude 

a recreational-vessel worker from the 

definition of ‘‘employee’’? 

(a) An individual who works on 

recreational vessels may be excluded 

from the definition of ‘‘employee’’ when: 

(1) The individual’s date of injury is 

before February 17, 2009, the injury is 

covered under a State workers’ 

compensation law, and the individual is 

employed to: 

(i) Build any recreational vessel under 

sixty-five feet in length; or 

(ii) Repair any recreational vessel 

under sixty-five feet in length; or 

(iii) Dismantle any recreational vessel 

under sixty-five feet in length. 

(2) The individual’s date of injury is 

on or after February 17, 2009, the injury 

is covered under a State workers’ 

compensation law, and the individual is 

employed to: 

(i) Build any recreational vessel under 

sixty-five feet in length; or 

(ii) Repair any recreational vessel; or 

(iii) Dismantle any recreational vessel 

to repair it. 

(b) In applying paragraph (a) of this 

section, the following rules apply: 

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63428 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules 

(1) ‘‘Length’’ means a straight line 

measurement of the overall length from 

the foremost part of the vessel to the 

aftmost part of the vessel, measured 

parallel to the center line. The 

measurement must be from end to end 

over the deck, excluding sheer. Bow 

sprits, bumpkins, rudders, outboard 

motor brackets, handles, and other 

similar fittings, attachments, and 

extensions are not included in the 

measurement. 

(2) ‘‘Repair’’ means any repair of a 

vessel including installations, painting 

and maintenance work. Repair does not 

include alterations or conversions that 

render the vessel a non-recreational 

vessel under § 701.501. For example, a 

worker who installs equipment on a 

private yacht to convert it to a 

passenger-carrying whale-watching 

vessel is not employed to ‘‘repair’’ a 

recreational vessel. Repair also does not 

include alterations or conversions that 

render a non-recreational vessel 

recreational under § 701.501. 

(3) ‘‘Dismantle’’ means dismantling 

any part of a vessel to complete a repair 

but does not include dismantling any 

part of a vessel to complete alterations 

or conversions that render the vessel a 

non-recreational vessel under § 701.501, 

or render the vessel recreational under 

§ 701.501, or to scrap or dispose of the 

vessel at the end of the vessel’s life. 

(c) An individual who performs 

recreational-vessel work not excluded 

under paragraph (a) of this section or 

who engages in other qualifying 

maritime employment in addition to 

recreational-vessel work excluded under 

paragraph (a) of this section will not be 

excluded from the definition of 

‘‘employee.’’ (See § 701.303). 

7. Add § 701.503 to read as follows: 

§ 701.503 Did the American Recovery and 

Reinvestment Act of 2009 Amend the 

Recreational Vessel Exclusion? 

Yes. The amended exclusion was 

effective February 17, 2009, the effective 

date of the American Recovery and 

Reinvestment Act of 2009. 

8. Add § 701.504 to read as follows: 

§ 701.504 When does the 2009 amended 

version of the recreational vessel exclusion 

apply? 

(a) Date of injury. Whether the 

amended version applies depends on 

the date of the injury for which 

compensation is claimed. The following 

rules apply to determining the date of 

injury: 

(1) Traumatic injury. If the individual 

claims compensation for a traumatic 

injury, the date of injury is the date the 

employee suffered harm. For example, if 

the individual injures an arm or leg in 

the course of his or her employment, the 

date of injury is the date on which the 

individual was hurt. 

(2) Occupational disease or infection. 

Occupational illnesses and infections 

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. 

Shelby Hallmark, 

Director, Office of Workers’ Compensation 

Programs. 

[FR Doc. 2010–25895 Filed 10–14–10; 8:45 am] 

BILLING CODE 4510–CF–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 67 

RIN 1024–AD65 

Historic Preservation Certifications for 

Federal Income Tax Incentives 

AGENCY: National Park Service, Interior. 

ACTION: Proposed rule. 

SUMMARY: The National Park Service 

(NPS) proposes to amend its procedures 

for obtaining historic preservation 

certifications for rehabilitation of 

historic structures. Individuals and 

corporations must obtain these 

certifications to be eligible for tax 

credits from the Internal Revenue 

Service (IRS). This rule: Incorporates 

references to the revised sections of the 

Internal Revenue Code containing the 

requirements for obtaining a tax credit; 

replaces references to NPS’s regional 

offices with references to its Washington 

Area Service Office (WASO); requires 

NPS to accept appeals for denial of 

certain certifications; and removes the 

certification fee schedule from the 

regulation. These latter two revisions 

provide an additional avenue for 

appeals and allow NPS to update fees by 

publishing a notice in the Federal 

Register as administrative costs change. 

DATES: Comments must be received by 

December 14, 2010. 

ADDRESSES: You may submit comments, 

identified by the number 1024–AD65, 

by any of the following methods: 

—Federal rulemaking portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

—Mail: National Park Service, Attn. 

Michael J. Auer, 1849 C Street, NW. 

(org. code 2255), Washington, DC 

20240. 

All submissions must include the 

agency name and the number 1024– 

AD65. We will post all comments 

without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

additional information, see ‘‘Public 

Participation’’ under SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Michael J. Auer, National Park Service, 

1849 C Street, NW. (org. code 2255), 

Washington, DC 20240; 

Michael_Auer@nps.gov; fax: 202–371– 

1616. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 47 of Title 26 of the United 

States Code (the Internal Revenue 

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