Notice of Development of Rulemaking

DEPARTMENT OF TRANSPORTATION
RULE NO: RULE TITLE
14-46.001: Utilities Installation or Adjustment
PURPOSE AND EFFECT: The proposed amendment to Rule 14-46.001, F.A.C., is to incorporate by reference a revised Utility Accommodation Manual and revised Utility Permit form. Other documents, which are incorporated by reference, are listed within the text of the rule as opposed to being included as secondary references within the manual.
SUBJECT AREA TO BE ADDRESSED: The Utility Accommodation Manual is being amended.
SPECIFIC AUTHORITY: 334.044(2) FS.
LAW IMPLEMENTED: 316.006, 334.044, 335.02, 337.401, 337.402, 337.403, 337.405, 339.05 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James C. Myers, Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

14-46.001 Utilities Installation or Adjustment.

(1) Purpose. This rule is established to regulate the location and manner for installation and adjustment of utility facilities on any FDOT right of way, in the interest of safety and the protection, utilization, and future development of such rights of way, with due consideration given to public service afforded by adequate and economical utility installations, and to provide procedures for the issuance of permits.

(2) Permits.

(a) The FDOT will issue permits for the construction, alteration, operation, relocation, and maintenance of utilities upon the right of way in conformity with the FDOT Utility Accommodation Manual, February 2007, August 2004 edition, FDOT Document No. 710-020-001-fe, which is hereby incorporated by reference and made part of this rule, and which supersedes all previous editions. Copies of this document are available from the FDOT Maps and Publications Office via the Office of Roadway Design, Utility Section at 605 Suwannee Street, MS 12 32, Tallahassee, Florida 32399-0450, or the FDOT Department Utility Web Site: http://www.dot.state.fl.us/rddesign/utilities/files/utilities.htm.

(b) The Utility Permit, FDOT Form 710-010-85, Rev. 08/04, is incorporated herein by reference. Copies of FDOT Form 710-010-85, Rev. 08/04, are available from the Department Utility Web Site listed above.

(c) The FDOT Utility Accommodation Manual, February 2007, edition includes and modifies the following references:

1. Policy on Accommodation of Utilities Within Freeway R/W, prepared by the American Association of State Highway and Transportation Officials (AASHTO) Standing Committee on Highways, February 1989. Copies of this document are available from the AASHTO Bookstore website: http://bookstore.transportation.org/.

2. US Department of Transportation Federal Highway Administration Program Guide, Utility Adjustments and Accommodation on Federal-Aid Highway Projects, Third Edition, July 1995, prepared by the Federal-Aid and Design Division, Office of Engineering, Federal Highway Administration (FHWA), Publication No. FHWA-PD-95-029. Copies of this document are available from the FDOT Utility Website listed above.

3. Roadside Design Guide, published by AASHTO, 2002. Copies of this document are available from the AASHTO Bookstore website: http:/bookstore.transportation.org/

4. The Manual on Uniform Traffic Control Devices, which is incorporated by reference under Rule 14-15.010, F.A.C.

5. AASHTO Design Specification, Standard Specifications for Structural Supports for Highway Signs, Luminaries and Traffic Signals, 4th Edition, with 2002, 2003, and 2006 Interims. Copies of this document are available from AASHTO Bookstore website: https://bookstore.transportation.org/.

6. American Petroleum Institute Standard 1104. Copies of this document are available from the American Petroleum Institute website: http://www.api.org.

7. AASHTO Publication, A Policy on Geometric Design of Highways and Streets, 2004, edition. Copies of this document are available from the AASHTO Bookstore website: https://bookstore.transportation.org/.

8. FHWA Technical Advisory entitled, Motor Vehicle Accident Costs, dated October 31, 1994. Copies of this document are available from the FDOT Utility website listed above.

9. FDOT Standard Specifications for Road and Bridge Construction, 2007, effective January 1, 2007. Copies of this document are available from the FDOT Maps and Publications Office at 605 Suwannee Street, MS 12, Tallahassee, Florida 33299-0450.

10. FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, January 2006. Copies of this document are available from the FDOT Roadway Design Utility website:  http://www.dot.state.fl/rddesign/DesignStandards/Standards.htm.

Specific Authority 334.044(2) FS. Law Implemented 316.006, 334.044, 335.02, 337.401, 337.402, 337.403, 337.405, 339.05 FS. History–New 5-13-70, Amended 8-10-78, 7-22-82, Formerly 14-46.01, Amended 7-5-90, 6-8-93, 10-15-96, 8-30-99, 11-10-05,________.