Rule Chapter 14-94 is being amended to add references to the Strategic Intermodal System and Transportation Regional Incentive Program, add and revise the definitions, and update statutory references. Documents incorporated by reference are being ...

RULE CHAPTER NO.: RULE CHAPTER TITLE:

14-94 Statewide Minimum Level of Service Standards

RULE NOS.: RULE TITLES:

14-94.003 Statewide Minimum Level of Service Standards

PURPOSE AND EFFECT: Rule Chapter 14-94 is being amended to add references to the Strategic Intermodal System and Transportation Regional Incentive Program, add and revise the definitions, and update statutory references. Documents incorporated by reference are being updated. Rule 14-94.003, F.A.C., is substantially reworded, including a revised table. A rule development workshop was conducted on January 9, 2006.

SUMMARY: Rule Chapter 14-94, F.A.C., is being amended to include references to the Strategic Intermodal System and Transportation Regional Incentive Program, add and revise definitions, and update statutory references.

SPECIFIC AUTHORITY: 163.3180(10) FS., 344.044(2) FS.

LAW IMPLEMENTED: 163.3180(10) FS., 163.3184(4) FS., 334.03 FS., 334.044(10)(a), (12), (19) FS., 339.155(2) FS., 339.2819 FS., 339.61 FS., 339.64 FS.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: No Statement of Estimated Regulatory Cost has been prepared.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES 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 RULES IS:

14-94.001 Purpose.

(1) The purpose of this rule chapter is to establish statewide minimum level of service standards to be used in the planning and operation of the State Highway System (SHS), roadway facilities on the Strategic Intermodal System (SIS), the Florida Intrastate Highway System (FIHS), and roadway facilities funded in accordance with Section 339. 2819, Florida Statutes, which creates the Transportation Regional Incentive Program (TRIP). This rule chapter is intended to promote protect public safety and general welfare, ensure the mobility of people and goods, and preserve the facilities on the SHS, SIS, and facilities funded by the TRIP State Highway System. The minimum level of service standards for the SIS, FIHS, and facilities funded by the TRIP State Highway System will be used by the Department in the review of local government comprehensive plans, assessing impacts related to developments of regional impact, and assessing other developments affecting the SIS, FIHS, and roadways funded by the TRIP. The minimum level of service standards for the SIS, FIHS, and roadways funded by the TRIP will be used by local governments for complying with applicable provisions of Section 163.3180, Florida Statutes. to determine system deficiencies; assist in determining Department work program priorities; and review local government comprehensive plans and metropolitan planning organization comprehensive transportation plans, traffic circulation impacts related to developments of regional impact, and other developments affecting the State Highway System.

(2) This rule chapter does not supersede or negate the provisions of Chapter 9J-5, F.A.C., pertaining to the preparation and adoption of local comprehensive plans or plan amendments by local governments.

Specific Authority 163.3180(10) FS., 344.044(2) FS. Law Implemented 163.3180(10) FS., 163.3184(4) FS., 334.03 FS., 334.044(10)(a), (12), (19), (21) FS., 339.155(2), (5), (6) FS 339.2819 FS., 339.61 - 339.64 FS. History–New 4-14-92, Amended_________.

14-94.002 Definitions.

As used in this rule chapter, the following definitions apply:

(1) “Backlogged Roadways” are roads on the State Highway System operating at a level of service below the minimum level of service standards, not programmed for construction in the first three years of FDOT=s adopted work program or the first five years of the schedule of improvements contained in a local government=s capital improvements element, and not constrained.

(1) (2) “Communities” means are incorporated places outside urban or urbanized areas, or unincorporated developed areas having a 500 population of 500 or more identified by local governments in their local government comprehensive plans and located outside of urban or urbanized areas.

(3) “Constrained Roadways” are roads on the State Highway System which FDOT has determined will not be expanded by the addition of two or more through-lanes because of physical, environmental or policy constraints. Physical constraints primarily occur when intensive land use development is immediately adjacent to roads, thus making expansion costs prohibitive. Environmental and policy constraints primarily occur when decisions are made not to expand a road based on environmental, historical, archaeological, aesthetic or social impact considerations.

(2)(4) “Controlled Access Facilities Highways” means are non-limited access arterial facilities where access connections, median openings, and traffic signals are highly regulated.

(3)(5) “Exclusive Through Lanes” means are roadway lanes exclusively designated for intrastate travel, which are physically separated from general use lanes, and to which access is highly regulated. These lanes may be used for high occupancy vehicles and express buses during peak hours if the level of service standards can be maintained.

(4) “Florida Intrastate Highway System (FIHS)” means the highway system established pursuant to Section 338.001, Florida Statutes, which comprises a statewide network of limited and controlled access facilities. The primary function of the system is for high speed and high volume traffic movements within the state.

(5)(6) “General Use Lanes” means are roadway lanes on the FIHS not exclusively designated for long distance high speed travel. In urbanized areas general use lanes include high occupancy vehicle lanes not physically separated from other travel lanes.

(7) “Intrastate” means the Florida Intrastate Highway System (FIHS) which comprises a statewide network of limited and controlled access highways. The primary function of the system is for high speed and high volume traffic movements within the state. Access to abutting land is subordinate to this function and such access must be prohibited or highly regulated. Highways included as part of this system are designated in the Florida Transportation Plan.

(6)(8) “Level of Service (LOS)” for highways means is a quantitative stratification of the quality of service to a typical traveler on a facility into six letter grade levels with AA@ describing the highest quality and AF@ describing the lowest quality qualitative measure describing operational conditions within the traffic during the peak hour. The indicated LOS standards designate Alevels of service@ designate lowest acceptable quality operating conditions for the 100th highest volume hour of the year in the predominant traffic flow direction from the present through a 20-year planning horizon. The 100th highest volume hour represents approximates the typical peak hour during the peak season. Definitions and measurement criteria used for minimum LOS level of service standards are based on the 1985 National Transportation Research Board Highway Capacity Manual 2000 Special Report 209. All LOS level of service evaluations are to be based on the 1985 National Transportation Research Board Highway Capacity Manual 2000, the Department=s 2002 Quality/Level of Service Handbook, Special Report 209 or a methodology determined which has been accepted by the Department to be of FDOT as having comparable reliability. The Transportation Research Board Highway Capacity Manual 2000 and the Department’s 2002 Quality/Level of Service Handbook are This manual is hereby incorporated by reference and made a part of these rules. The National Transportation Research Board’s Highway Capacity Manual 2000 Special Report 209, is available from the Transportation Research Board, National Research Council, Washington, D.C. The Department’s 2002 Quality/Level of Service Handbook may be found at: http://www.dot.state.fl.us/planning/systems/sm/los/los_sw2.htm.

(7)(9) “Limited Access Facilities Highways (Freeways)” means are multilane divided highways having a minimum of two lanes for exclusive use of traffic in each direction and full control of ingress and egress; this includes freeways and all fully controlled access roadways.

(10) “Maintain” means continuing operating conditions at a level such that significant degradation does not occur.

(a) For roadways in rural areas, transitioning urbanized areas, urban areas or communities, “significant degradation” means:

1. “n average annual daily traffic increase in two-way traffic volume of five percent or

2. A reduction in operating speed for the peak direction in the 100th highest hour of five percent.

(b) For roadways in urbanized areas, for roadways parallel to exclusive transit facilities, or for intrastate roadways in transportation concurrency management areas, Asignificant degradation@ means:

1. An average annual daily traffic increase in two-way traffic volume of 10 percent or

2. A reduction in operating speed for the peak direction in the 100th highest hour of 10 percent.

(c) For other state roads in transportation concurrency management areas, “significant degradation” is defined in the transportation element or traffic circulation element, if applicable.

(d) For constrained roadways meeting or exceeding the level of service standards, Amaintain@ does not apply until the roadway is operating below the applicable minimum level of service standard.

(8)(11) “Other State Roads” means are roads on the SHS State Highway System which are not part of the FIHS Florida Intrastate Highway System.

(9)(12) “Peak Hour” means the 100th highest volume hour of the year in the predominant traffic flow direction from the present through a 20-year planning horizon. The 100th highest hour approximates the typical peak hour during the peak season.

(10) “Multimodal Transportation Districts (MMTDs)” means areas in which secondary priority is given to vehicle mobility and primary priority is given to assuring a safe, comfortable and attractive pedestrian environment with convenient interconnection to transit. Local government comprehensive plans may establish multimodal LOS standards within MMTDs pursuant to Section 163.3180(15), Florida Statutes.

(11) “Regionally Significant Roadways” means as established pursuant to Section 339.2819, Florida Statutes.

(12)(13) “Roadways Parallel to Exclusive Transit Facilities” means are roads that generally run parallel to and within one-half mile of exclusive transit facilities, which are a physically separated rail or roadway lanes reserved for multipassenger use by rail cars or buses serving large volumes of home/work trips during peak travel hours. Exclusive transit facilities do not include downtown people-movers, or high occupancy vehicle lanes unless physically separated from other travel lanes.

(13)(14) “Rural Areas” means are areas not included in an urbanized area, a transitioning urbanized area, an urban area, or a community.

(14) “Strategic Intermodal System (SIS)” means as established pursuant to Sections 339.61 - 339.64, Florida Statutes.

(15) “SIS Connectors” means designated roadways that connect SIS hubs to SIS highways. These may be either on or off the SHS.

(16) “SIS Hubs” means ports and terminals that move goods or people between Florida regions or between Florida and other markets in the United States and the rest of the world. These include commercial service airports, deepwater seaports, space ports, interregional rail and bus terminals, and freight rail terminals.

(17)(15) “Transitioning Urbanized Areas” means are the areas outside urbanized areas, but within the MPO Metropolitan Planning Area Boundaries, that are expected to be included within the urbanized areas within the next 20 years based primarily on the U.S. Bureau of Census urbanized criteria.

(18) ATransportation Concurrency Exception Area (TCEA)@ means an area which is so designated by a local government pursuant to Section 163.3180, Florida Statutes.

(19)(16) “Transportation Concurrency Management Areas (TCMA)” means a are geographically compact areas with an existing network of roads where multiple, viable alternative travel paths or modes are available for common trips. A TCMA may be designated in local government comprehensive plans designated in local government comprehensive plans where intensive development exists or is planned in a manner that will ensure an adequate level of mobility and further the achievement of identified important state planning goals and policies, including discouraging the proliferation of urban sprawl, encouraging the revitalization of existing downtowns and designated redevelopment areas, protecting natural resources, protecting historic resources, maximizing the efficient use of existing public facilities, and promoting public transit, bicycling, walking, and other alternatives to the single occupant automobile. Transportation concurrency management areas may be established in a comprehensive plan in accordance with Section 163.3180, Florida Statutes. Rule 9J-5.0057, Florida Administrative Code.

(17) ATransportation Mobility Elements@ are integrated, multi-modal plans that meet the requirements of Rule 9J-5.0057.

(20) “Transportation Regional Incentive Program (TRIP)” means as established pursuant to Section 339.2819, Florida Statutes.

(21)(18) “Urban Areas” means are places with a population of at least 5,000 which and are not included in urbanized areas based on the most recent U.S. Census. The applicable boundary encompasses the 1990 urban area as well as the surrounding geographical area as determined agreed upon by the Federal Highway Administration (FHWA), the Department FDOT, and local government, and Federal Highway Administration (FHWA). The boundaries are commonly called FHWA Urban Area Boundaries and include areas expected to have medium density development before the next decennial census.

(22)(19) “Urbanized Areas” means are the 1990 urbanized areas, designated by the U.S. Bureau of Census as well as the surrounding geographical areas, as determined agreed upon by the FHWA, the Department FDOT, and the Metropolitan Planning Organization (MPO), and are Federal Highway Administration (FHWA), commonly called FHWA Urbanized Area Boundaries. The over or under 500,000 classifications distinguish urbanized areas with a populations over or under 500,000 based on the most recent 1990 U.S. Census.

Specific Authority 163.3180(10) FS, 344.044(2) FS. Law Implemented 163.3180(10) FS., 163.3184(4) FS., 334.03 FS., 334.044(10)(a), (12), (19), (21) FS., 339.155(2), (5), (6) FS. 339.2819 FS., 339.61 - 339.64 FS. History–New 4-14-92, Amended________.

(Substantial rewording of Rule 14-94.003 follows. See Florida Administrative Code for present text.)

14-94.003 Statewide Minimum Level of Service Standards.

(1) The Statewide Minimum LOS Standards are as follows:

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[Editorial Note: Insert Table Here. The table totally replaces the table on V. 4, P. 369, F.A.C.]

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STATEWIDE MINIMUM LEVEL OF SERVICE STANDARDS FOR THE STATE HIGHWAY SYSTEM, ROADWAYS ON THE STRATEGIC INTERMODAL SYSTEM (SIS), ROADWAYS ON THE

FLORIDA INTRASTATE HIGHWAY SYSTEM (FIHS) AND ROADWAY FACILITIES FUNDED IN ACCORDANCE WITH SECTION 339.2819, FLORIDA STATUTES, THE TRANSPORTATION REGIONAL INCENTIVE PROGRAM (TRIP)

SIS AND FIHS FACILITIES

TRIP FUNDED FACILITIES AND OTHER STATE ROADS3

Limited Access Highway4(Freeway)

Controlled Access Highway4

Other Multilane4

Two-Lane4

Rural Areas

Transitioning Urbanized Areas, Urban Areas, or Communities

Urbanized Areas Under 500,000

C(D)

Urbanized Areas Over 500,000

D(E)

Roadways Parallel to Exclusive Transit Facilities

Inside TCMAs

D(E)2

--2

Inside TCEAs2and MMTDs2

--2

Level of service standards inside of parentheses apply to general use lanes only when exclusive through lanes exist.

1. For rural two-lane facilities, the standard is C.

2. Means the Department must be consulted as provided by Section 163.180(5), (7), or (15), Florida Statutes, regarding level of service standards set on SIS or TRIP facilities impacted by TCMAs, MMTDs, or TCEAs respectively.

3. Means the level of service standards for non TRIP facilities may be set by local governments in accordance with Rule 9J-5.0055, F.A.C.

4. It is recognized that certain roadways (i.e., constrained roadways) will not be expanded by the addition of through lanes for physical, environmental, or policy reasons. In such instances, a variance to the level of service may be sought pursuant to Section 120.542, Florida Statutes.

NOTE: Level of service letter designations are defined in the Department’s 2002 Quality/Level of Service Handbook.

(2) Specific assumptions and restrictions that apply to these minimum LOS standards are:

(a) The minimum LOS standards represent the lowest acceptable operating conditions in the peak hour.

(b) Definitions and measurement criteria used for the minimum LOS standards can be found in the Transportation Research Board’s Highway Capacity Manual 2000.

(c) When calculating or evaluating level of service pursuant to this rule, all calculations and evaluations shall be based on the methodology contained in Transportation Research Board’s Highway Capacity Manual 2000, the Department’s 2002 Quality/Level of Service Handbook, or a methodology determined by the Department to be of comparable reliability. Any methodology superseded by the Highway Capacity Manual 2000, such as a methodology based on the 1997 Highway Capacity Manual or Circular 212, shall not be used.

(3) Minimum LOS Standards for SIS Connectors and TRIP Funded Facilities are:

(a) Minimum LOS Standards for SIS Highways.

1. Limited access SIS highways shall adhere to the limited access FIHS LOS standards.

2. Controlled access SIS highways shall adhere to the controlled access FIHS LOS standards.

3. These standards shall apply regardless whether the facility is FIHS, SHS, or under other jurisdiction.

(b) Minimum LOS Standards for SIS Connectors. The minimum LOS standard for SIS connectors connectors shall be LOS D.

1. Regionally significant roadways utilizing TRIP funding shall adhere to the Other State Roads Standards in Chapter 14-94, F.A.C.

2. These LOS standards apply to the TRIP funded portions of the roadway facilities extending to their logical termini for LOS analysis.

Specific Authority 163.3180(10) FS., 344.044(2) FS. Law Implemented 163.3180(10) FS., 163.3184(4) FS., 334.03 FS., 334.044(10)(a), (12), (19), (21) FS., 339.155(2), (5), (6) FS. 339.2819 FS., 339.61 - 339.64 FS. History–New 4-14-92, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULES: Martin Guttenplan, AICP, Transportation Planner, Systems Planning Office

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Denver J. Stutler, Jr., P.E., Secretary

DATE PROPOSED RULES APPROVED BY AGENCY HEAD: March 1, 2006

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 23, 2005

Document Information

Comments Open:: 3/17/2006
Summary:: Rule Chapter 14-94, F.A.C., is being amended to include references to the Strategic Intermodal System and Transportation Regional Incentive Program, add and revise definitions, and update statutory references.
Purpose:: Rule Chapter 14-94 is being amended to add references to the Strategic Intermodal System and Transportation Regional Incentive Program, add and revise the definitions, and update statutory references. Documents incorporated by reference are being updated. Rule 14-94.003, F.A.C., is substantially reworded, including a revised table. A rule development workshop was conducted on January 9, 2006.
Rulemaking Authority:: 163.3180(10) FS., 344.044(2) FS.
Law:: 163.3180(10) FS., 163.3184(4) FS., 334.03 FS., 334.044(10)(a), (12), (19) FS., 339.155(2) FS., 339.2819 FS., 339.61 FS., 339.64 FS.
Contact:: 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
Related Rules: (3): 14-94.001. Purpose; 14-94.002. Definitions; 14-94.003. Statewide Minimum Level of Service Standards