The proposed rule amendments will repeal Rule Chapter 14-94, F.A.C.

 

DEPARTMENT OF TRANSPORTATION

RULE NO.: RULE TITLE:
14-94.001: Purpose
14-94.002: Definitions
14-94.003: Statewide Minimum Level of Service Standards

PURPOSE AND EFFECT: The proposed rule amendments will repeal Rule Chapter 14-94, F.A.C.

SUMMARY: Section 163.3180(10), F.S., which required the Department to adopt rules for the lowest acceptable level of service standards for transportation facilities, was repealed. Local governments will consult with the Department as required by Section 163.3180(5)(h)1., F.S.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based upon the Department’s economic impact analysis, the agency has determined that this rule chapter does not require a SERC. In addition, the agency has determined that the rule(s) will not require legislative ratification pursuant to Section 120.541(3), Florida Statutes.

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.

RULEMAKING AUTHORITY: 163.3180(10), 334.044(2) FS.

LAW IMPLEMENTED: 163.3180(10), 163.3184(4), 334.03, 334.044(10)(a), (12), (19), 339.155(2), 339.2819, 339.61, 339.62, 339.63, 339.64 FS.

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: Deanna R. Hurt, Assistant General Counsel and Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458, [phone], [e-mail]

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, F.S. which creates the Transportation Regional Incentive Program (TRIP). This rule chapter is intended to promote 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. The minimum level of service standards for the SIS, FIHS, and facilities funded by the TRIP 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, F.S.

(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.

Rulemaking Specific Authority 163.3180(10), 344.044(2) FS. Law Implemented 163.3180(10), 163.3184(4), 334.03, 334.044(10)(a), (12), (19), 339.155(2), 339.2819, 339.61-.64 FS. History–New 4-14-92, Amended 5-8-06, Repealed_________.

14-94.002 Definitions.

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

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

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

(3) “Exclusive Through Lanes” means 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, F.S., 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) “General Use Lanes” means roadway lanes 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.

(6) “Level of Service (LOS)” for highways means a quantitative stratification of the quality of service to a typical traveler on a facility into six letter grade levels with “A” describing the highest quality and “F” describing the lowest quality. The indicated LOS standards designate lowest acceptable operating conditions for the 100th highest volume hour of the year in the predominant traffic flow direction. The 100th highest volume hour represents the typical peak hour during the peak season. Definitions and measurement criteria used for minimum LOS standards are based on the Transportation Research Board Highway Capacity Manual 2000. All LOS evaluations are to be based on the Transportation Research Board 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. The Transportation Research Board Highway Capacity Manual 2000 and the Department’s 2002 Quality/Level of Service Handbook are hereby incorporated by reference and made a part of these rules. The National Transportation Research Board’s Highway Capacity Manual 2000, 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) “Limited Access Facilities” means 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.

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

(9) “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.

(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), F.S.

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

(12) “Roadways Parallel to Exclusive Transit Facilities” means roads that generally run parallel to and within one-half mile of exclusive transit facilities, which are 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) “Rural Areas” means 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-.64, F.S.

(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) “Transitioning Urbanized Areas” means 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) “Transportation Concurrency Exception Area (TCEA)” means an area which is so designated by a local government pursuant to Section 163.3180, F.S.

(19) “Transportation Concurrency Management Area (TCMA)” means a geographically compact area 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 in accordance with Section 163.3180, F.S.

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

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

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

Rulemaking Specific Authority 163.3180(10), 334.044(2) FS. Law Implemented 163.3180(10), 163.3184(4), 334.03, 334.044(10)(a), (12), (19), 339.155(2), 339.2819, 339.61-.64 FS. History–New 4-14-92, Amended 5-8-06, Repealed________.

14-94.003 Statewide Minimum Level of Service Standards.

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

 

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	B	B1	B	C
Transitioning Urbanized Areas, Urban Areas, or Communities	C	C	C	C
Urbanized Areas Under 500,000	C(D)	C	D	D
Urbanized Areas Over 500,000	D(E)	D	D	D
Roadways Parallel to Exclusive Transit Facilities	E	E	E	E
Inside TCMAs	D(E)2	E2	--2	--2
Inside TCEAs2 and MMTDs2	--2	--2	--2	--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 163.3180(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 Special Report 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 Special Report 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 shall be LOS D.

(c) Minimum LOS Standards for Regionally Significant Roadways Funded by the TRIP.

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.

Rulemaking Specific Authority 163.3180(10), 334.044(2) FS. Law Implemented 163.3180(10), 163.3184(4), 334.03, 334.044(10)(a), (12), (19), 339.155(2), 339.2819, 339.61-.64 FS. History–New 4-14-92, Amended 5-8-06, Repealed_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Douglas McLeod, Manager, Highway Data Analysis

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ananth Prasad, P.E., Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 10, 2012