View Rule

View EO 12866 Meetings

Printer-Friendly Version Download RIN Data in XML

DOT/FHWA

RIN: 2125-AF28

Publication ID: Spring 2009

Title: ●Worker Visibility
Abstract: FHWA´s Worker Visibility regulations (23 CFR part 634) currently require workers whose duties place them on or in close proximity to a Federal-aid highway to wear high-visibility safety apparel, which is defined as any garment meeting the American National Standards Institute (ANSI) 107-2004 Class 2 or 3 standard. The FHWA is amending the current regulations to provide an exemption for firefighters actively engaged in emergency operations where they are directly exposed to flame, fire, heat and/or hazardous materials. The firefighting community has raised safety concerns that the required high-visibility safety apparel could cause operational problems for firefighters and could result in decreased safety for individual firefighters because a material that meets the fluorescent color of the ANSI 107-2004 standard and is heat- and flame-resistant to the degree required by firefighters and the National Fire Protection Association (NFPA) standards have not been developed. Therefore, it is possible that, by complying with 23 CFR part 634, a firefighter wearing a high-visibility garment could be at a greater risk of injury. Due to imminent safety implications to firefighters, the FHWA has determined that there is good cause under the Administrative Procedure Act to dispense with notice and opportunity for comment as it would be contrary to the public interest and has developed an interim final rule to respond to these safety concerns.
Agency: Department of Transportation(DOT)	Priority: Substantive, Nonsignificant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 23 CFR 634
Legal Authority: 23 USC 101(a) 23 USC 315 23 USC 114(a) 23 USC 109(d) 23 USC 402(a)

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Interim Final Rule	11/21/2008	73 FR 70593
Interim Final Rule Effective	11/24/2008
Interim Final Rule Comment Period End	12/22/2008
Final Action	04/00/2009

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Information URL: www.regulations.gov	Public Comment URL: www.regulations.gov
RIN Data Printed in the FR: No
Agency Contact: Hari Kalla Department of Transportation Federal Highway Administration 1200 New Jersey Avenue, SE, Washington, DC 20590 Phone:202-366-5915 Email: hari.kalla@fhwa.dot.gov