No. 36653 (Amendment): Rule R930-6. Manual of Accommodation of Utility Facilities and the Control and Protection of State Highway Rights-of-Way

(Amendment)

DAR File No.: 36653
Filed: 08/15/2012 06:20:10 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to exclude those portions of the Manual of Accommodation of Utility Facilities and the Control and Protection of State Highway Rights-of-Way that relate to utility accommodation and reimbursement because those items will be addressed in the new Rule R930-7, Utility Accommodation. (DAR NOTE: The proposed new Rule R930-7 is under DAR No. 36654 in this issue, September 1, 2012, of the Bulletin.)

Summary of the rule or change:

This amendment excludes those portions of the Manual of Accommodation of Utility Facilities and the Control and Protection of State Highway Rights-of-Way that relate to utility accommodation and reimbursement because those items will be addressed in the new Rule R930-7.

State statutory or constitutional authorization for this rule:

• Section 72-3-109
• Section 72-6-116
• Section 72-7-102
• Section 72-7-108

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget because this amendment only excludes portions of the incorporated manual dealing with utility accommodation, which will be addressed in the new Rule R930-7.

local governments:

There are no anticipated costs or savings to local government because this amendment only excludes portions of the incorporated manual dealing with utility accommodation, which will be addressed in the new Rule R930-7.

small businesses:

There are no anticipated costs or savings to small businesses because this amendment only excludes portions of the incorporated manual dealing with utility accommodation, which will be addressed in the new Rule R930-7.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to persons other then small businesses, businesses, or local government because this amendment only excludes portions of the incorporated manual dealing with utility accommodation, which will be addressed in the new Rule R930-7.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons because this amendment only excludes portions of the incorporated manual dealing with utility accommodation, which will be addressed in the new Rule R930-7.

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

There are no anticipated fiscal impacts on businesses because this amendment only excludes portions of the incorporated manual dealing with utility accommodation, which will be addressed in the new Rule R930-7.

John Njord, Executive Director

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

Transportation
Preconstruction
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]

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:

10/01/2012

This rule may become effective on:

10/08/2012

Authorized by:

John 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.

(1) In order to implement its federally-mandated responsibility to ensure the safe use and protection of federal-aid highways, except as stated in R930-6-1(2), the department incorporates by reference the Manual of Accommodation of Utility Facilities and the Control and Protection of State Highway Rights-of-Way, 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/main/uconowner.gf?n=200402231315131. The provisions of this Manual also apply to non-federal aid state highways.

(2) Inasmuch as utility accommodation is now governed by R930-7, Section 5 of the Manual of Accommodation of Utility Facilities and the Control and Protection of State Highway Rights-of-Way is not incorporated, nor are any terms in the manual that refer to utility accommodation or utilities in the right-of-way or percent of reimbursement.

 

KEY: utility rules, utilities access

Date of Enactment or Last Substantive Amendment: [July 28, 2006]2012

Notice of Continuation: November 14, 2011

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

 

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