DAR File No. 28774

Transportation, Preconstruction

R930-6

Manual of Accommodation of Utility Facilities and the Control and Protection of State Highway Rights-of-Way

NOTICE OF PROPOSED RULE

DAR File No.: 28774
Filed: 06/01/2006, 03:37
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The amendment is made necessary to include text inadvertently omitted from previous editions and to include procedures for replacement of the Utah Department of Transportation (UDOT) fiber optic lines if someone accidentally cuts into it. The rule change was also made to incorporate minor editing changes.

Summary of the rule or change:

Section 5.14.1 of the incorporated manual is totally new, and identifies replacement procedures when someone cuts into UDOT fiber optic lines. This was a policy maintained by the Traffic Operations Center (TOC), and is now being moved into rule. No new costs are incurred to anyone per se, but this section does require that anyone breaking UDOT fiber pay for the replacement of that line. This was already being done by the TOC. This practice follows accepted industry standards and best practices. Section 5.22 of the manual was modified to include text that was in previous editions but had been inadvertently removed in the 2003 edition. This requires that parties that desire to attach conduits or other items to UDOT bridges take into account both a threshold cost, and a multiplier for the detour cost. No additional cost is imposed, but there may be future applicants that will be unable to attach items to UDOT structures. Chapter 7, Access management, received several editing changes, and several substantial ones. An option to allow for permit applicants to use the recommendations of the region traffic engineer was added, which would incur no additional costs to applicants. Spacings for additional categories were added, and physical spacing of accesses was clarified, which will aid in permit processing, but do not increase costs to permit applicants. Requirements for sidewalks were changed to reflect current UDOT standard drawings, no costs expected.

State statutory or constitutional authorization for this rule:

Section 72-1-201

Manual of Accommodation of Utility Facilities and the Control and Protection of State Highway Rights-of-Way, January 2006

Anticipated cost or savings to:

the state budget:

The amendment may reduce state costs by creating a method by which the state can impose costs on third parties who break UDOT fiber optic lines. There should not be additional costs or savings to the state as a result.

local governments:

Local governments will incur only costs resulting from breaks into UDOT fiber optic lines, attaching fiber optic conduit to UDOT structures. It is unknown what those costs may be or if they will even ever occur. UDOT does not charge local governments under the access provisions.

other persons:

It is unknown what costs may result from breakages into UDOT lines since those costs can only be calculated when, or if, they occur. The same is true for attachment of conduit to UDOT structures. Costs to obtain a permit for access stay the same.

Compliance costs for affected persons:

Costs to obtain a permit will not change.

Comments by the department head on the fiscal impact the rule may have on businesses:

These changes attempt to fix costs for damage to fiber optic lines and for attachment of conduit to UDOT structures to those entities causing the cost. The fiscal impact is unknowable at this time, but should not be borne by the public. John R. Njord, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

James Beadles at the above address, by phone at 801-965-4168, by FAX at 801-965-4796, or by Internet E-mail at jbeadles@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/17/2006

This rule may become effective on:

07/25/2006

Authorized by:

John R. Njord, Executive Director

RULE TEXT

R930. Transportation, Preconstruction.

R930-6. Manual of Accommodation of Utility Facilities and the Control and Protection of State Highway Rights-of-Way.

R930-6-1. Incorporation by Reference.

In order to implement its federally-mandated responsibility to ensure the safe use and protection of federal-aid highways, the department incorporates by reference the Manual of Accommodation of Utility Facilities and the Control and Protection of State Highway Rights-of-Way, [November, 2005]January 2006 edition, copies of which are available at the department's headquarters, 4501 South 2700 West, Salt Lake City, Utah 84114, and on the department's Internet site, http://www.udot.utah.gov/dl.php/tid=674/Utility_Accomodation_and_Access_Management.pdf[http://www.udot.utah.gov/index.php/m=c/tid=423/item=3825/d=full/type=1]. The provisions of this Manual also apply to non-federal aid state highways.

KEY: utility rules, utilities access

Date of Enactment or Last Substantive Amendment: [January 27], 2006

Notice of Continuation: January 22, 2002

Authorizing, and Implemented or Interpreted Law: 72-3-109; 72-6-116; 72-7-102; 72-7-108

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact James Beadles at the above address, by phone at 801-965-4168, by FAX at 801-965-4796, or by Internet E-mail at jbeadles@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.