28160 Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Rules and Regulations 

FDC date State City Airport FDC No. Subject 

05/26/09 ........ AZ PHOENIX ......... PHOENIX SKY HARBOR INTL ................ 9/0233 ILS OR LOC RWY 25L, AMDT 1C. 

05/26/09 ........ CA PALO ALTO ..... PALO ALTO ARPT OF SANTA CLARA 

CO.

9/0236 VOR/DME RWY 31, ORIG–A. 

[FR Doc. E9–13874 Filed 6–12–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Part 634 

[FHWA Docket No. FHWA–2008–0157] 

RIN 2125–AF28 

Worker Visibility 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Final rule. 

SUMMARY: The FHWA adopts as final an 

Interim Final Rule that amends its 

regulations to address safety concerns 

raised by the firefighting community 

regarding high-visibility safety apparel. 

The purpose of adopting the Interim 

Final Rule as final is to reflect the 

exemption of firefighters from the 

requirement to use high-visibility safety 

apparel, as defined in this rule, when 

they are exposed to hazardous 

conditions where the use of such 

apparel may increase the risk of injury 

to firefighter personnel. 

DATES: Effective Date: June 15, 2009. 

The interim rule became effective 

November 24, 2008. 

FOR FURTHER INFORMATION CONTACT: For 

technical information: Mr. Hari Kalla, 

Office of Transportation Operations, 

(202) 366–5915. For legal information: 

Mr. Raymond Cuprill, Office of Chief 

Counsel, (202) 366–0791, Federal 

Highway Administration, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590–0001. Office hours are from 7:45 

a.m. to 4:15 p.m., e.t., Monday through 

Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing 

This document, the Interim Final 

Rule, and all comments received may be 

viewed online through http:// 

www.regulations.gov. Electronic 

submission and retrieval help and 

guidelines are available on the Web site. 

It is available 24 hours each day, 365 

days each year. An electronic copy of 

this document may also be downloaded 

from the Office of the Federal Register’s 

home page at: http://www.archives.gov 

and the Government Printing Office’s 

Web page at: http:// 

www.access.gpo.gov/nara. 

Background 

The FHWA published an Interim 

Final Rule on 23 CFR Part 634 on 

November 21, 2008, at 73 FR 70593. 

Interested persons were invited to 

submit comments to FHWA Docket No. 

FHWA–2008–0157. The Interim Final 

Rule revised existing regulations to 

address safety concerns raised by the 

firefighting community in order to 

provide an exemption for firefighters 

actively engaged in emergency 

operations where they are directly 

exposed to flame, fire, heat and/or 

hazardous materials. This rule has been 

in effect since November 24, 2008. 

Summary of Comments 

The FHWA received three comments 

to the docket from private individuals. 

The first commenter expressed his 

opinion that a statement contained in 

the background information of the 

Interim Rule created confusion and the 

false impression that a firefighter does 

not need to comply with the regulation 

if he is wearing an NFPA 1971 standard 

compliant garment. He recommended 

that this language be clarified to ensure 

the rule is interpreted correctly by all 

firefighters. The FHWA disagrees with 

this comment. The background 

information was included to justify the 

issuance of the Interim Final Rule due 

to safety concerns expressed by the 

firefighting community. However, the 

language in the Interim Final Rule is 

accurate and does not require 

modification. 

The second commenter supported the 

concept of the Interim Final Rule, but 

also expressed concern about the 

confusion that has resulted from the 

existence of several standards for high 

visibility garments and how they are 

being referenced in this rulemaking as 

well as a separate rulemaking in Docket 

No. FHWA–2007–28977. This 

rulemaking proposes to revise the 2003 

edition of the Manual on Uniform 

Traffic Control Devices. This comment 

does not require any response to this 

docket, but rather it will be considered 

in the analysis of comments to Docket 

No. FHWA–2007–28977. 

The third commenter expressed the 

opinion that the Interim Final Rule 

should not have provided any 

exemptions for firefighters under any 

circumstances. In his opinion, the 

requirements contained in 23 CFR 634 

should, in the interest of safety, apply 

to all firefighters all the time. Prior to 

the issuance of this Interim Final Rule, 

the FHWA was made aware of several 

competing safety issues that could 

develop under certain conditions with 

the high visibility garments that are 

currently available, such as having the 

background material either catch fire or 

melt when exposed directly to fire. The 

FHWA, therefore, did issue the 

exemption for firefighters and other 

emergency workers when they are 

working under the conditions 

specifically listed in the Interim Final 

Rule. This exemption should provide a 

balance of increasing the visibility of the 

workers under most conditions, but not 

create a condition that could endanger 

them with other hazards. 

Conclusion 

For the reasons stated above, the 

FHWA adopts as final the Interim Final 

Rule published on November 21, 2008, 

at 73 FR 70593. 

Rulemaking Analyses and Notices 

Executive Order 12866 (Regulatory 

Planning and Review) and DOT 

Regulatory Policies and Procedures 

The FHWA has determined that this 

final rule is not a significant regulatory 

action within the meaning of Executive 

Order 12866 and is not significant 

within the meaning of U.S. Department 

of Transportation regulatory policies 

and procedures. The economic impact 

of this rulemaking will be minimal. The 

final rule would not adversely affect, in 

a material way, any sector of the 

economy. In addition, the final rule 

would not interfere with any action 

taken or planned by another agency and 

would not materially alter the budgetary 

impact of any entitlements, grants, user 

fees, or loan programs. Consequently, a 

full regulatory evaluation is not 

required. 

Regulatory Flexibility Act 

In compliance with the Regulatory 

Flexibility Act (Pub. L. 96–354, 5 U.S.C. 

601–612) the FHWA has evaluated the 

effects of this action on small entities 

and has determined that the action 

would not have a significant economic 

impact on a substantial number of small 


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Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Rules and Regulations 28161 

entities. This action does not affect any 

funding distributed under any of the 

programs administered by the FHWA. 

For these reasons, the FHWA certifies 

that this action would not have a 

significant economic impact on a 

substantial number of small entities. 

Unfunded Mandates Reform Act of 1995 

This final rule would not impose 

unfunded mandates as defined by the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4, 109 Stat. 48). This rule 

would not result in the expenditure by 

State, local, and tribal governments, in 

the aggregate, or by the private sector, of 

$128.1 million or more in any one year 

(2 U.S.C. 1532). 

Executive Order 13132 (Federalism 

Assessment) 

This action has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132, and the FHWA has determined 

that this action would not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

assessment. The FHWA has also 

determined that this action would not 

preempt any State law or State 

regulation or affect the States’ ability to 

discharge traditional State governmental 

functions. 

Executive Order 13211 (Energy Effects) 

We have analyzed this action under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use, dated May 18, 

2001. We have determined that it is not 

a significant energy action under that 

order since it is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Therefore, 

a Statement of Energy Effects is not 

required. 

Executive Order 12372 

(Intergovernmental Review) 

Catalog of Federal Domestic 

Assistance Program Number 20.205, 

Highway Planning and Construction. 

The regulations implementing Executive 

Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities apply to 

this program. 

Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (PRA) (44 U.S.C. 3501), Federal 

agencies must obtain approval from the 

Office of Management and Budget for 

each collection of information they 

conduct, sponsor, or require through 

regulations. The FHWA has determined 

that this rule does not contain collection 

of information requirements for the 

purposes of the PRA. 

Executive Order 12988 (Civil Justice 

Reform) 

This action meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Executive Order 13045 (Protection of 

Children) 

The FHWA has analyzed this rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. The FHWA certifies that this 

action would not cause any 

environmental risk to health or safety 

that might disproportionately affect 

children. 

Executive Order 12630 (Taking of 

Private Property) 

The FHWA has analyzed this rule 

under Executive Order 12630, 

Governmental Actions and Interface 

with Constitutionally Protected Property 

Rights. The FHWA does not anticipate 

that this action would affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630. 

National Environmental Policy Act 

The agency has analyzed this action 

for the purpose of the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4347) and has determined 

that this action would not have any 

effect on the quality of the environment. 

Regulation Identification Number 

A regulation identification number 

(RIN) is assigned to each regulatory 

action listed in the Unified Agenda of 

Federal Regulations. The Regulatory 

Information Service Center publishes 

the Unified Agenda in April and 

October of each year. The RIN contained 

in the heading of this document can be 

used to cross reference this action with 

the Unified Agenda. 

List of Subjects in 23 CFR Part 634 

Design standards, Highways and 

roads, incorporation by reference, 

Traffic regulations, Workers. 

■ In consideration of the foregoing, and 

under the authority of 23 U.S.C. 101(a), 

109(d), 114(a), 315, and 402(a); Sec. 

1402 of Pub. L. 109–59; 23 CFR 1.32; 

and 49 CFR 1.48(b), the Interim Final 

Rule amending 23 CFR Part 634 that 

was published on November 21, 2008 at 

73 FR 70593, is adopted as a final rule 

without change. 

Issued on: May 14, 2009. 

Jeffrey F. Paniati, 

Acting Deputy Federal Highway 

Administrator. 

[FR Doc. E9–13988 Filed 6–12–09; 8:45 am] 

BILLING CODE 4910–22–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Parts 4022 and 4044 

Allocation of Assets in SingleEmployer Plans; Benefits Payable in 

Terminated Single-Employer Plans; 

Interest Assumptions for Valuing and 

Paying Benefits 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 

SUMMARY: Pension Benefit Guaranty 

Corporation’s regulations on Allocation 

of Assets in Single-Employer Plans and 

Benefits Payable in Terminated SingleEmployer Plans prescribe interest 

assumptions for valuing and paying 

certain benefits under terminating 

single-employer plans. This final rule 

amends the asset allocation regulation 

to adopt interest assumptions for plans 

with valuation dates in the third quarter 

of 2009 and amends the benefit 

payments regulation to adopt interest 

assumptions for plans with valuation 

dates in July 2009. Interest assumptions 

are also published on PBGC’s Web site 

(http://www.pbgc.gov). 

DATES: Effective July 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion, Manager, Regulatory 

and Policy Division, Legislative and 

Regulatory Department, Pension Benefit 

Guaranty Corporation, 1200 K Street, 

NW., Washington, DC 20005, 202–326– 

4024. (TTY/TDD users may call the 

Federal relay service toll-free at 1–800– 

877–8339 and ask to be connected to 

202–326–4024.) 

SUPPLEMENTARY INFORMATION: PBGC’s 

regulations prescribe actuarial 

assumptions—including interest 

assumptions—for valuing and paying 

plan benefits of terminating singleemployer plans covered by title IV of 

the Employee Retirement Income 

Security Act of 1974. The interest 

assumptions are intended to reflect 

current conditions in the financial and 

annuity markets. 

These interest assumptions are found 

in two PBGC regulations: the regulation 

on Allocation of Assets in SingleEmployer Plans (29 CFR part 4044) and 

the regulation on Benefits Payable in 

Terminated Single-Employer Plans (29 

CFR part 4022). Assumptions under the 


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