Notice of Proposed Rule

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.
SUMMARY: The Utility Accommodation Manual is being amended.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
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 WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE 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 FULL TEXT OF THE PROPOSED RULE 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, October 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. This Utility Accommodation Manual (UAM) also incorporates by reference and makes part of this rule additional documents, namely those contained in the UAM section entitled “References.” The extent to which these documents are made a part of this rule through incorporation by reference into the UAM is limited to the scope of application(s) specifically referenced within the text of the UAM, subject to any modifications, exceptions, or qualifications set forth in the UAM. 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. 10/07 08/04, is incorporated herein by reference. Copies of FDOT Form 710-010-85, Rev. 10/07 08/04, are available from the FDOT Department Utility Web Site listed above.

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,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Thomas R. Bane, State Utilities Engineer
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Stephanie C. Kopelousos, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 15, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 31, 2007