reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53C - RAIL FREIGHT ASSISTANCE PROGRAM › Subchapter 1 - PURPOSE AND SCOPE › Section 16:53C-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The New Jersey Statewide Freight Rail
				Strategic Plan (Plan) was developed for the purpose of maintaining and
				supporting an efficient freight rail system in the State of New Jersey. The
				Plan assesses the state and efficiency of the existing system; projects future
				freight rail demands; analyzes infrastructure improvements that are in progress
				and determines what needs to be done in order to complete those projects; and
				prioritizes a series of improvements and actions to ensure the efficiency and
				effectiveness of New Jersey's freight rail system.
(b) Consistent with the Statewide Freight
				Rail Strategic Plan, the New Jersey Rail Freight Assistance Program (RFAP)
				provides funding for capital improvements that result in the continuation of
				economically viable rail freight services. The purpose of the program is to
				support a safe, efficient, and effective rail freight system in the State of
				New Jersey through the provision of financial assistance to preserve,
				rehabilitate, and enhance rail freight facilities. This chapter governs the
				administration of the program. All projects must show a positive cost benefit
				ratio, taking into consideration such factors as job creation and increased
				railroad revenues. Sponsors are also required to continue freight service on
				the improved line for at least five years after completion of the
				project.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53C - RAIL FREIGHT ASSISTANCE PROGRAM › Subchapter 1 - PURPOSE AND SCOPE › Section 16:53C-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Financial assistance under the New Jersey
				Rail Freight Assistance Program (RFAP) is available to Class I, Class II, and
				Class III railroads. Class I, Class II, and Class III railroads are defined by
				regulations of the Interstate Commerce Commission (49 CFR Part 1201; General
				Instructions 1-1), and applied by order of the Commission (including
				modifications in class thresholds based revenue deflator
				adjustments).
(b) Financial
				assistance may be made to owners of rail properties, operators of rail freight
				service, or responsible public agencies or authorities for projects included in
				the annual list of projects eligible for participation in the RFAP.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53C - RAIL FREIGHT ASSISTANCE PROGRAM › Subchapter 2 - DEFINITIONS › Section 16:53C-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise:
"Commissioner" means the Commissioner of the New Jersey
				  Department of Transportation or such person as the Commissioner may designate,
				  when legally permissible.
"Common carrier" means that entity providing railroad
				  transportation for compensation and which is subject to the jurisdiction of the
				  Interstate Commerce Commission.
"Demonstration project" means a project that uses methods or
				  materials that are considered non-standard or experimental, which may require a
				  more substantial initial capital investment than a project using traditional
				  methods or materials, but has the potential to offer long-term cost savings or
				  environmental benefit over the life of the material or facility.
"Department" means the New Jersey Department of
				  Transportation.
"Facilities" means track, ties, roadbed, and related
				  structures used or usable for rail freight operations.
"Rail line" means a section of track certificated by the
				  United States Surface Transportation Board.
"Rehabilitation" means the work necessary to restore the
				  structural integrity of portions of a rail line or bridge.
"Routine maintenance" means inspection and minor repairs and
				  the planned program of periodic maintenance necessary to keep a line at its
				  existing condition but not below specified Federal Railroad Administration
				  safety standards.
"SAGE" means the Department's online grant management system,
				  System for Administering Grants Electronically.
"Sponsor" means an applicant that has been awarded and has
				  accepted financial assistance pursuant to this chapter.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53C - RAIL FREIGHT ASSISTANCE PROGRAM › Subchapter 3 - NEW JERSEY RAIL FREIGHT ASSISTANCE PROGRAM › Section 16:53C-3.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The New Jersey Rail Freight Assistance
				Program (RFAP) (formerly known as the State Rail Plan) was established in 1976
				and has been updated annually since October 1978. The RFAP and the updates are
				based on a comprehensive, coordinated, and continuing planning process and are
				developed with an opportunity for participation by all interested
				parties.
(b) Annually, the
				Department shall present the RFAP and current update at a public meeting.
				Public notice shall be provided at least 15 days in advance by publication in
				newspapers of general circulation throughout the State, the Department's web
				site at
http://www.state.nj.us/transportation/
,
				and letters sent to elected officials representing affected
				communities.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53C - RAIL FREIGHT ASSISTANCE PROGRAM › Subchapter 4 - FINANCIAL ASSISTANCE › Section 16:53C-4.1 - Project eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Financial Assistance under the Rail
				Freight Assistance Program (RFAP) is limited to the following categories of
				projects:
1. Rail facility construction shall
				be as follows:
i. A project for the design
				and construction of rail facilities for the purpose of improving the safety,
				quality, and efficiency of existing rail freight service, or providing the
				benefits of rail service to users not located on existing rail lines. This
				includes, but is not limited to, new connections between two or more existing
				lines, relocation of lines or sidings, modernization of existing facilities,
				and construction of new facilities;
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53C - RAIL FREIGHT ASSISTANCE PROGRAM › Subchapter 4 - FINANCIAL ASSISTANCE › Section 16:53C-4.2 - Amount and form of financial assistance

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Financial assistance may be provided to projects as follows:
1. For Class I railroads, financial
				assistance may be provided at 50 percent of the total eligible cost with the
				remaining 50 percent to be paid by the sponsor;
2. For Class II railroads, financial
				assistance may be provided at 70 percent of the total eligible cost with the
				remaining 30 percent to be paid by the sponsor; and
3. For Class III railroads, financial
				assistance may be provided at 90 percent of the total eligible cost with the
				remaining 10 percent to be paid by the sponsor.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53C - RAIL FREIGHT ASSISTANCE PROGRAM › Subchapter 4 - FINANCIAL ASSISTANCE › Section 16:53C-4.3 - Duration of financial assistance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Financial
				assistance for a project is limited in duration to a period not to exceed three
				years from the date of execution of the project agreement. Should circumstances
				dictate that a project's duration extend beyond the agreement's expiration
				date, the sponsor shall request such an extension from the Department in
				writing, including a detailed justification for the request.
(b) Circumstances to be considered upon a
				request for an extension of the duration of assistance shall include, but not
				be limited to: unanticipated additional work directly associated with the
				project; inability to accomplish the project within the specified time-frame
				due to circumstances beyond the sponsor's control; and forced staging of
				financing over a period greater than three years.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53C - RAIL FREIGHT ASSISTANCE PROGRAM › Subchapter 4 - FINANCIAL ASSISTANCE › Section 16:53C-4.4 - Acquisition of real property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Property, which
				the Department has identified as an essential component of a rail freight
				network vital to the economic well-being of the State is also eligible for
				acquisition by the State under the Rail Freight Assistance Program (RFAP). Such
				acquisitions may be funded up to 100 percent of the cost of the property.
				Inactive rail lines, which have value for future use as rail freight facilities
				or as components of an intermodal network are eligible. Property over which
				continued rail operations can be maintained through ownership by the private
				sector is not eligible.
(b) Sources
				other than RFAP funding will be sought before RFAP funds are expended for
				property acquisition.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53C - RAIL FREIGHT ASSISTANCE PROGRAM › Subchapter 5 - PROJECT APPLICATION, SELECTION AND AGREEMENT › Section 16:53C-5.1 - Application process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will notify the potential
				sponsors as to whether Rail Freight Assistance Program (RFAP) funding is
				anticipated for the following fiscal year on or about December 1 of each year.
				If funding is anticipated, the notification shall include instructions on
				completing an application using SAGE, the Department's online grant management
				system, at http://njsage.intelligrants.com [File Link Not Available].
				Interested parties may request notification from the Manager, Bureau of
				Multimodal Grants and Programs, Division of Multimodal Services, New Jersey
				Department of Transportation, PO Box 600, Trenton, NJ 08625 or through the
				Department's website at
http://www.state.nj.us/transportation/airwater/multimodal/
.
(b) A hard copy of the completed application
				shall be submitted within 90 days of receiving notice or as otherwise specified
				in the notification. Each application submitted shall be dated and signed by an
				authorized agent of the entity submitting the application.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53C - RAIL FREIGHT ASSISTANCE PROGRAM › Subchapter 5 - PROJECT APPLICATION, SELECTION AND AGREEMENT › Section 16:53C-5.2 - Contents of application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department's application form will require, but not be limited to:
1. The full name and principal business
				address of the applicant;
2. The
				name, title, address and phone number of the persons to whom correspondence
				regarding the application should be addressed;
3. A project description and
				benefits;
4. Data for Benefit/Cost
				analysis;
5. Photographs of the
				project area;
6. Scope of the work
				and current project cost estimate;
7. Assurances that the applicant is able to
				meet all the requirements of the financial assistance, including the provision
				of the sponsor's share of total project costs; and
8. A certification signed by the owner of the
				property granting permission to the applicant to undertake the project.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53C - RAIL FREIGHT ASSISTANCE PROGRAM › Subchapter 5 - PROJECT APPLICATION, SELECTION AND AGREEMENT › Section 16:53C-5.3 - Additional application contents for demonstration projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				meeting the requirements of
				16:53C-4.2, applications for
				demonstration projects shall include:
1. A
				detailed description of methods or materials to be used in the project,
				including an estimate of useful life, long-term cost savings and a schedule for
				completion of the work;
2.
				Engineering or scientific evidence that the method or material to be used in
				the project does in fact offer long-term cost savings; and
3. Engineering or scientific evidence that
				the proposed method or material is safe for use.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53C - RAIL FREIGHT ASSISTANCE PROGRAM › Subchapter 5 - PROJECT APPLICATION, SELECTION AND AGREEMENT › Section 16:53C-5.4 - Project selection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The total budget amount for funding
				projects within the Rail Freight Assistance Program (RFAP) is appropriated
				annually. The number and funding levels of individual projects shall be
				dependent upon the level of annual appropriations, the number of applications
				received, the amount of funding requested, and the merit of the application.
				Not all eligible projects will receive funding in a given year. If an eligible
				project does not receive funding under the RFAP, the sponsor may reapply for
				funding in the next fiscal year.
(b) At the discretion of the Commissioner,
				projects will be selected for funding on an annual basis from the projects
				contained in the list of eligible projects. The Department may require that
				cost estimates for projects from previous program years be updated by the
				sponsor to accurately reflect the anticipated costs in the current program
				year. Factors considered will include: economic benefit, efficient and
				responsive freight distribution, energy and environmental factors, and highway
				congestion mitigation.
(c)
				Applicants shall be notified of the status of their applications not later than
				30 days after selection for funding by the Commissioner.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53C - RAIL FREIGHT ASSISTANCE PROGRAM › Subchapter 5 - PROJECT APPLICATION, SELECTION AND AGREEMENT › Section 16:53C-5.5 - Selection criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) During the selection process, the New
				Jersey Department of Transportation evaluates each project according to the
				extent that they advance the following criteria:
1. Economic growth, as follows:
i. The project supports and promotes economic
				activity in New Jersey by preserving and improving the freight transportation
				system;
ii. Increases employment
				potential with new or improved rail freight services and intermodal
				facilities;
iii. Increases the
				number of businesses served by rail freight; and
iv. Protects the critical corridors and
				connections to the national network;
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53C - RAIL FREIGHT ASSISTANCE PROGRAM › Subchapter 5 - PROJECT APPLICATION, SELECTION AND AGREEMENT › Section 16:53C-5.6 - Project agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After
				an applicant has been notified of selection and has accepted financial
				assistance for a project, a project agreement shall be executed.
(b) The project agreement will include, but
				not be limited to, the following terms and conditions:
1. The amount of the State and the sponsor's
				respective shares of the project costs;
2. A detailed scope of the work and detailed
				cost estimate;
3. Assurances that
				the sponsor will provide or cause to be provided common carrier service for a
				period of no less than five years utilizing the rail facilities that are the
				subject of assistance. In the event that the railroad receives approval for
				abandonment during that period, the State may seek reimbursement for a
				proportionate share of the amount of the funds expended;
4. Assurances that the sponsor will provide
				or cause to be provided continued maintenance on the improved facility for at
				least five years from the date the State deems the project complete;
5. That the State reserves the right to
				inspect the project, including materials and workmanship. The sponsor shall
				assist with all necessary arrangements for such inspection;
6. Proof that the sponsor has notified, in
				writing, the governing body of each affected municipality;
7. That the sponsor shall conform to all
				applicable State and Federal environmental laws and regulations;
8. That the sponsor shall provide
				professional engineering plans at the discretion of the Department;
9. That the sponsor shall agree to retain and
				make available to the Commissioner, for the purpose of audit and examination,
				any financial records, supporting documents, papers, statistical records,
				contracts, and all other records pertinent to, arising out of, or connected
				with the implementation of the project. The records shall be available for a
				period of three years after project closeout, or for any longer period
				necessary to resolve audit findings, following the payment by the Commissioner
				of the final invoice under the agreement; and
10. A certification signed by the applicant,
				or the owner of the property if other than the applicant, agreeing that the
				State may record a lien against the property in an amount equivalent to the
				full value of the Rail Freight Assistance Program funding as a guarantee that
				the applicant, or owner of the property if other than the applicant, will cause
				or use its best efforts to cause common rail freight service to be provided
				using the rail freight facilities or right-of-way that is the subject of
				assistance for a period of no less than five years from the date the State
				provides written notification of acceptance of the funded project is
				complete.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53C - RAIL FREIGHT ASSISTANCE PROGRAM › Subchapter 6 - ANNUAL LISTING OF ELIGIBLE PROJECTS › Section 16:53C-6.1 - Listing of eligible projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Annually, the
				Department shall publish a list of projects that are eligible for assistance
				from the State Rail Freight Assistance Program on its website at
http://www.state.nj.us/transportation/freight/rail/
.
(b) The list shall include project
				descriptions and cost.
(c) Notice
				of the list's publication shall be provided to elected officials representing
				communities where the projects are located. Requests for hard copies may be
				addressed to:
New Jersey Department of Transportation
Bureau of Multimodal Grants and Programs
Division of Multimodal Services
Main Office Building, 3rd Floor
1035 Parkway Avenue
PO Box 600
Trenton, NJ 08625-0600
Phone: (609) 530-2847
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53C - RAIL FREIGHT ASSISTANCE PROGRAM › Subchapter 7 - AUDIT › Section 16:53C-7.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Recipients of
				financial assistance shall comply with the State of New Jersey Single Audit
				Policy defined by the Department of the Treasury, Office of Management and
				Budget (OMB Circular 04-04 or as superseded). The circular is available in
				electronic format on the New Jersey Department of the Treasury, Office of
				Management and Budget website at:
http://www.state.nj.us/infobank/circular/circindx.htm
.
(b) A single audit of the recipient shall be
				performed annually by an independent auditor or public accountant who meets the
				independence standards specified in generally accepted government auditing
				standards in conformity with the State of New Jersey Single Audit
				Policy.
(c) Audit costs incurred by
				the recipient to comply with this subchapter shall not be
				reimbursable.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53D - ZONE OF RATE FREEDOM › Subchapter 1 - GENERAL PROVISIONS › Section 16:53D-1.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any regular route autobus carrier
				operating within the State, which carrier seeks to revise its rates, fares, or
				charges in effect as of the time of the promulgation of this rule, shall not be
				required to conform with
				N.J.A.C.
				16:51-3.10, Tariff filings that do not
				propose increases in charges to customers, or 3.11, Tariff petitions that
				propose increases in charges to customers, provided the increase or decrease in
				the rate, fare, or charge, or the aggregate of increases and decreases in any
				single rate, fare, or charge is not more than the maximum percentage increase
				(10 percent for 2024) or decrease (10 percent for 2024), upgraded to the
				nearest $.05.
1. For illustrative purposes,
				the following chart sets forth the 2024 percentage maximum for increases to
				particular rates, fares, or charges and the resultant amount as upgraded to the
				nearest $.05:
Present Fare
Percent of Increase
Increase Upgraded To Nearest $.05
$2.00 or less
10.0%
$.20
$2.05-$2.50
10.0%
$.25
$2.55 upward
10.0%
$.30+
2.
				For 2024 purposes, the following chart sets forth the 2024 percentage maximum
				for decreases to particular rates, fares, or charges and the resultant amount
				as upgraded to the nearest $.05:
Present Fare
Percent of Increase
Increase Upgraded To Nearest $.05
$.50 or less
10%
$.05
$.55 to $1.00
10%
$.10
$1.05 upward
10%
$.15+
3.
				Except as may be provided in the Certificate of Public Convenience and
				Necessity, changes to student, senior, transfer, interline and other unique
				rates, fares or charges for a regular route shall not be subject to the
				requirements of this chapter, provided they remain less than the current or
				adjusted regular route fare applicable to the route.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53D - ZONE OF RATE FREEDOM › Subchapter 1 - GENERAL PROVISIONS › Section 16:53D-1.2 - Requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any regular
				route autobus carrier that seeks a fare adjustment that is subject to this
				subchapter shall be required to comply with the following:
1. Notify the Motor Vehicle Commission by
				filing a complete schedule of all current fares and all fares to be adjusted at
				least 30 days prior to the effective date of the new fare adjustment;
				and
2. Post a public notice in all
				autobuses providing service on the regular routes to be affected by the
				adjusted fares and in all bus terminals served by those autobuses on the
				regular routes at least 30 days prior to the effective date of the new fare
				adjustment. The autobus carrier shall verify its compliance with this paragraph
				by filing with the Motor Vehicle Commission a copy of said public notice and an
				affidavit confirming that it has in fact posted such public notice at least 30
				days prior to the effective date of the new fare adjustment.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53D - ZONE OF RATE FREEDOM › Subchapter 1 - GENERAL PROVISIONS › Section 16:53D-1.3 - Exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
The Motor Vehicle Commission hereby exempts casino or
				  regular route in the nature of special, charter and special autobus operations
				  from the rate regulation provisions set forth in
				  16:53D-1.1 and
				  16:53D-1.2 and in Title 48 of the
				  Revised Statutes. Notwithstanding the rate regulation exemption, casino or
				  regular route in the nature of special, charter and special autobus operators
				  shall annually file with the Motor Vehicle Commission by January 2 the then
				  current schedules of their rates, fares or charges for such operations.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53E - FIXED GUIDEWAY STATE SAFETY OVERSIGHT › Subchapter 1 - PURPOSE, SCOPE, AND APPLICABILITY › Section 16:53E-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter establishes rules concerning the State's
				  oversight of the safety of rail fixed guideway systems through the Department
				  of Transportation (Department), designated as the State's oversight agency by
				  Executive Order No. 65 (1997). This chapter carries out the mandate at
				  49 U.S.C. §
										5329(e) and (k) for State
				  safety oversight of rail fixed guideway public transportation systems. The
				  Office of Fixed Guideway Oversight in the New Jersey Department of
				  Transportation is responsible for the administration of this
				  chapter.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53E - FIXED GUIDEWAY STATE SAFETY OVERSIGHT › Subchapter 1 - PURPOSE, SCOPE, AND APPLICABILITY › Section 16:53E-1.2 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Rail fixed
				guideway public transportation systems are any fixed guideway system that uses
				rail; is operated for public transportation; is within the jurisdiction of this
				State; and is not subject to the jurisdiction of the Federal Railroad
				Administration or any such system in engineering or construction. Rail fixed
				guideway public transportation systems include, but are not limited to, rapid
				rail, heavy rail, light rail, monorail, trolley, inclined plane, funicular, and
				automated guideway.
(b) This
				chapter is applicable to rail fixed guideway public transportation systems that
				operate exclusively within the boundaries of this State or between this State
				and adjacent states; and entities that own or operate rail fixed guideway
				public transportation systems with Federal financial assistance authorized
				under Chapter 53 of Title 49 of the United States Code.
(c) This chapter is applicable to every
				transit agency operating exclusively within the boundaries of this State or
				between this State and adjacent states. The Department may designate other
				fixed guideway systems to which this rule shall apply.
(d) Except as provided in
				N.J.A.C.
				16:53E-1.3, nothing in this chapter prevents
				the transit agency or the Department from using contractors or consultants
				(public, non-profit, or private) to assist with their respective duties under
				this chapter or in the course of their respective business
				operations.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53E - FIXED GUIDEWAY STATE SAFETY OVERSIGHT › Subchapter 1 - PURPOSE, SCOPE, AND APPLICABILITY › Section 16:53E-1.3 - Conflict of interest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A party or
				entity is prohibited from providing services to both the Department and the
				transit agency when a conflict of interest, as determined by the Department,
				exists.
(b) A transit agency may
				not be a contractor for the Department under the State safety oversight
				program.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53E - FIXED GUIDEWAY STATE SAFETY OVERSIGHT › Subchapter 1 - PURPOSE, SCOPE, AND APPLICABILITY › Section 16:53E-1.4 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
The Department incorporates herein by reference 49 CFR Part
				  674 , State Safety Oversight.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53E - FIXED GUIDEWAY STATE SAFETY OVERSIGHT › Subchapter 2 - STATE SAFETY OVERSIGHT PROGRAM STANDARD › Section 16:53E-2.1 - State Safety Oversight Program Standard

Current through Register Vol. 56, No. 14, July 15, 2024
The Department, in its role as the oversight agency, develops
				  safety oversight program rules that establish processes and procedures that
				  govern the conduct of the oversight agency. The rules also provide guidance to
				  the regulated transit agencies and other fixed guideway systems regarding the
				  content of the plans and procedures they must have in place in order to be in
				  compliance with the State program.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53E - FIXED GUIDEWAY STATE SAFETY OVERSIGHT › Subchapter 3 - SAFETY PLAN › Section 16:53E-3.1 - Safety plan requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A transit
				agency shall not operate a fixed guideway system unless the Department has
				provided written approval of, and the transit agency has implemented, its
				safety plan for that system.
(b)
				Every transit agency shall develop and implement a written safety plan that
				complies with the requirements of the New Jersey Department of Transportation
				Safety Oversight Program Standard (NJDOT SSOPS) for each fixed guideway system
				it operates. Copies of the NJDOT SSOPS may be obtained on the Department's
				website at:
http://www.state.nj.us/transportation
or in person at:
New Jersey Department of Transportation
Office of Fixed Guideway Oversight
1035 Parkway Avenue
PO Box 600
Trenton, New Jersey 08625-0600
Phone: 609-963-2090
or by email at:
NJOFGSSO@dot.nj.gov.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53E - FIXED GUIDEWAY STATE SAFETY OVERSIGHT › Subchapter 3 - SAFETY PLAN › Section 16:53E-3.2 - Department inspections

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Pursuant to 49 U.S.C. §
										5329(k), every transit
				agency shall provide access to the rail fixed guideway public transportation
				system and agency. The Department shall conduct inspections of the rail fixed
				guideway public transportation system and agency with and without advance
				notice. Inspections include, but are not limited to, the infrastructure,
				property leading to the infrastructure, equipment, records, data, personnel,
				and other deemed information, structure, or persons necessary for the safety
				inspection.
(b) Access to entries
				shall be provided to the Department by the fixed guideway public transportation
				agency, which may include, but is not limited to, keys, codes, data cards, or
				remotes.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53E - FIXED GUIDEWAY STATE SAFETY OVERSIGHT › Subchapter 5 - SYSTEM SECURITY PLAN › Section 16:53E-5.1 - Requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A transit
				agency shall not operate a fixed guideway system unless the Department has
				provided written approval of, and the transit agency has implemented, its SSP
				for that system. If a transit agency is found to be in violation of any Federal
				or State requirement, the Department can withdraw its approval of a transit
				system's current SSP after giving a 30-day advance notice by certified letter
				sent to the chief executive officer of the transit agency.
(b) Every transit agency shall develop and
				implement a written SSP that complies with requirements of this chapter. The
				SSP shall be developed and maintained as a separate document and may not be
				part of the transit agency's SSPP. Updated or revised SSP's shall be submitted
				to the Department for review and written approval each time a major
				modification, extension or update is made to the system or as directed by the
				Department.
(c) A transit agency
				shall not publicly disclose the security aspects of its approved system
				security plan.
(d) The SSP shall
				include the following:
1. A policy statement
				that acknowledges the Department's oversight responsibility regarding the
				transit agency's internal safety and security review process;
2. A statement establishing the procedures
				for notification to the Department prior to the commencement of the transit
				agency's internal review;
3. An
				identification of the policies, goals and objectives for the security program
				endorsed by the transit agency's chief executive;
4. The process for managing threats and
				vulnerabilities during operations, and for major projects, extensions, new
				vehicles and equipment, including integration with the safety certification
				process;
5. An identification of
				the controls in place that address the security of visitors, passengers and
				employees;
6. The process for
				conducting internal security reviews to evaluate compliance and measure the
				effectiveness of the SSP; and
7.
				The process for making its SSP, along with any updates or revisions and
				accompanying procedures available to the Department for review and
				approval.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53E - FIXED GUIDEWAY STATE SAFETY OVERSIGHT › Subchapter 6 - DEPARTMENT APPROVAL OF THE SYSTEM SAFETY PROGRAM PLAN › Section 16:53E-6.1 - SSPP approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall approve a transit agency's SSPP if:
1.
				The SSPP addresses the requirements of N.J.A.C. 16:53E-4 and as described in
				the Department's Safety and Security Oversight Program Standards and
				Procedures;
2. The necessary
				controls are in place to assure the transit agency's compliance with this
				chapter, including the notification of incidents, accidents and
				hazards;
3. The SSPP meets the
				minimum requirements for the internal safety audit process; and
4. The SSPP provides a clear and feasible
				process for the identification, recording and classification of
				hazards.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53E - FIXED GUIDEWAY STATE SAFETY OVERSIGHT › Subchapter 7 - DEPARTMENT APPROVAL OF THE SYSTEM SECURITY PLAN › Section 16:53E-7.1 - SSP approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall approve a transit agency's system security plan if:
1. The SSP addresses the requirements of
				N.J.A.C. 16:53E-5 and as described in the Department's Safety and Security
				Oversight Program Standard and Procedures; and
2. The SSP meets the requirements for the
				internal security audit process.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53E - FIXED GUIDEWAY STATE SAFETY OVERSIGHT › Subchapter 8 - TRANSIT AGENCY ANNUAL INTERNAL AUDIT REPORTS › Section 16:53E-8.1 - Annual internal audit reports

Current through Register Vol. 56, No. 14, July 15, 2024
Every transit agency shall annually submit to the Department
				  for its review, a copy of the transit agency's annual safety audit report and
				  its annual security audit report prepared by the transit agency as a result of
				  the internal safety and security audit processes. The deadline for submission
				  shall be February 28. The internal audit process and internal audit reports
				  conducted for each system shall meet the specifications described in the "New
				  Jersey Department of Transportation Safety and Security Oversight Program
				  Standard and Procedures."
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53E - FIXED GUIDEWAY STATE SAFETY OVERSIGHT › Subchapter 9 - DEPARTMENT SAFETY AND SECURITY REVIEW › Section 16:53E-9.1 - Safety and security review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At least every
				three years, the Department shall conduct a comprehensive on-site safety review
				and security review at each transit agency.
(b) The three-year safety review shall assess
				the efficacy of the transit agency's SSPP and its SSP in their
				entirety.
(c) The Department shall
				issue its findings from the on-site safety and security review in a written
				report, which shall include a determination of whether the transit agency shall
				be required to update or correct its SSPP and SSP.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53E - FIXED GUIDEWAY STATE SAFETY OVERSIGHT › Subchapter 10 - TRANSIT AGENCY NOTIFICATION OF INCIDENTS, ACCIDENTS AND HAZARDS › Section 16:53E-10.1 - Notification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The transit
				agency or its contractor-operator shall provide the notifications for the
				following incidents to the Department within two hours. Said notification shall
				be by telephone where one or more of the following occurs:
1. A fatality at the scene; or where an
				individual is confirmed dead within 30 days of a rail transit-related
				incident;
2. Injuries requiring
				immediate medical attention away from the scene for two or more
				individuals;
3. Property damage to
				rail transit vehicles, non-rail transit vehicles, other rail transit property
				or facilities and non-transit property that equals or exceeds $
				25,000;
4. An evacuation due to
				life safety reasons;
5. A collision
				at a grade crossing;
6. A main-line
				collision;
7. A collision with an
				individual on rail right-of-way;
8.
				A collision between a rail transit vehicle and a second rail transit vehicle or
				a rail transit non-revenue vehicle; or
9. An incident for which the rail transit
				agency must also notify the Federal Railroad Administration according to FRA
				regulations.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53E - FIXED GUIDEWAY STATE SAFETY OVERSIGHT › Subchapter 11 - TRANSIT AGENCY INVESTIGATION REPORTS ON INCIDENTS, ACCIDENTS AND HAZARDS › Section 16:53E-11.1 - Reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every transit
				agency shall investigate incidents, accidents and hazards according to their
				Department-approved incident and accident procedure and hazard process, to
				determine the root cause(s) and contributing cause(s).
(b) The transit agency's written report to
				the Department shall include the time of the accident or discovery of the
				hazard; description of the incident, accident or hazard; any analysis; an
				estimate of damages; and a determination by the transit agency of the probable
				cause of the incident, accident or hazard. The report shall contain a
				corrective action section with any corrective actions noted.
(c) If the report is incomplete or further
				information is needed, the Department may request additional investigation or
				analysis or require additional information or notations be included in the
				report. The request by the Department to do additional analysis may include
				engineering, scientific and technical analysis by outside firms at the expense
				of the transit agency.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53E - FIXED GUIDEWAY STATE SAFETY OVERSIGHT › Subchapter 12 - DEPARTMENT INVESTIGATIONS › Section 16:53E-12.1 - Investigations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every transit
				agency shall fully cooperate with the Department in its investigation of
				incidents, accidents and hazards.
(b) The Department's investigation shall
				consist of, but in the Department's discretion need not be limited to, the
				review and approval of the transit agency's determination of the probable cause
				of the incident, accident or hazard.
(c) If the Department determines that the
				transit agency's determination of probable cause is not supported by a
				preponderance of the evidence submitted by the agency, the Department may
				require additional submissions as it deems necessary until it is satisfied that
				the transit agency's determination is appropriate, or that a preponderance of
				the evidence submitted by the agency supports a determination other than that
				of the agency.
(d) Neither the
				transit agency's report of an incident, accident or hazard under this section,
				nor any investigation report that may be prepared by the Department or its
				contractor regarding such incident, accident or hazard, shall be admitted into
				evidence or used in a civil action for damages resulting from a matter
				mentioned in either of the reports.
(e) The Department may delegate generally, or
				on an individual basis, the investigation of incidents, accidents and hazards
				to the transit agency and once delegated to the transit agency may take such
				delegation back on an individual or wholesale basis. Such delegation does not
				affect the responsibility of the transit agency to notify the Department of all
				incidents, accidents or hazards.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53E - FIXED GUIDEWAY STATE SAFETY OVERSIGHT › Subchapter 13 - CORRECTIVE ACTIONS › Section 16:53E-13.1 - Corrective action plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After the
				occurrence of an incident, accident or the discovery of a hazard, the transit
				agency shall submit to the Department a corrective action plan that sets forth
				in detail the actions the agency shall take to minimize, control, correct or
				eliminate it. The agency shall specify the person and department or section
				responsible for the resolution and provide a schedule. Corrective action plans
				shall be submitted to the Department as a result of any internal audits
				together with the internal audit report, inspections or investigations by any
				agencies of State, local or Federal government together with the agency notice,
				memo or report. Corrective action plans shall also be submitted as a result of
				any findings from a review, audit or inspection done by the
				Department.
(b) After the
				Department reviews and approves the corrective action plan, and within the time
				period specified by the Department, the transit agency shall implement the
				approved corrective action plan.
(c) A transit agency shall submit monthly
				status reports to the Department and notify the Department in writing when its
				approved corrective action plan has been fully implemented.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53E - FIXED GUIDEWAY STATE SAFETY OVERSIGHT › Subchapter 14 - REPORTS › Section 16:53E-14.1 - Reports

Current through Register Vol. 56, No. 14, July 15, 2024
All reports and information required to be submitted under
				  this chapter shall be submitted to
New Jersey Department of Transportation
Office of Fixed Guideway Safety and Security Oversight
PO Box 600
Trenton, New Jersey 08625-0600
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 54 - LICENSING OF AERONAUTICAL FACILITIES › Subchapter 1 - PURPOSE, SCOPE, AND APPLICABILITY › Section 16:54-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter identifies those types of aeronautical
				  facilities required to be licensed by the State of New Jersey; outlines the
				  procedures for obtaining license(s); specifies the licensing requirements that
				  applicants must meet; specifies the minimum acceptable design standards for
				  each type of facility; specifies certain operational standards for each type of
				  facility; specifies the liability and penalty for failure to observe the
				  requirements; and describes the procedure for requesting exemption from this
				  chapter.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 54 - LICENSING OF AERONAUTICAL FACILITIES › Subchapter 1 - PURPOSE, SCOPE, AND APPLICABILITY › Section 16:54-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The rules specified in this chapter, if not in conformity
				  with the laws, rules, and regulations concerning aeronautics set forth by the
				  Federal Aviation Administration, are subject to preemption. If not specifically
				  preempted by Federal standards, the ultimate authority over the regulating and
				  licensing of aeronautical activities and facilities in New Jersey resides with
				  the Commissioner, as provided for in N.J.S.A. 6:1 -29 et seq. Decisions
				  regarding denial, issuance, renewal, suspension, or revocation of licenses are
				  decided by the Director of the Division of Multimodal Services, unless the
				  Department forwards the case to the Office of Administrative Law for a hearing
				  and initial decision as a contested case. The final agency decision is
				  determined by the Commissioner.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 54 - LICENSING OF AERONAUTICAL FACILITIES › Subchapter 1 - PURPOSE, SCOPE, AND APPLICABILITY › Section 16:54-1.3 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of this chapter apply to
				the following types of aeronautical facilities:
1. Fixed wing aeronautical facility:
i. Airport--Public Use (land or
				water);
ii. Airport--Restricted Use
				(land or water);
iii.
				Airport--Special Use (land or water); and
iv. Ultralight Recreational Facility (land or
				water);
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 54 - LICENSING OF AERONAUTICAL FACILITIES › Subchapter 2 - DEFINITIONS › Section 16:54-2.2 - Definitions incorporated by reference

Current through Register Vol. 56, No. 14, July 15, 2024
Other definitions as described in 14 CFR Part 1, the FAA
				  Airman's Information Manual, and FAA Advisory Circulars are incorporated herein
				  by reference, as amended and supplemented, except where the definitions are
				  inconsistent with this chapter, in which case, this chapter shall
				  control.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 54 - LICENSING OF AERONAUTICAL FACILITIES › Subchapter 3 - APPLICATION FOR LICENSE › Section 16:54-3.1 - Application forms for permanent facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				persons proposing the opening of a new aeronautical facility, the alteration to
				an existing aeronautical facility listed at
				N.J.A.C.
				16:54-1.3shall submit to the Bureau an
				"Application for Aeronautical Facility License," Form DA-1, and "Aeronautical
				Facility Agreement," Form DA-2, including all applicable attachments and FAA
				Form 7480-1 "Notice of Landing Area Proposal," if required. The forms may be
				found at
http://www.nj.gov/transportation/freight/aviation/forms.shtm
.
1. The application shall include, at a
				minimum:
i. For Form DA-1 applications, all
				of the items listed in this section as applicable to the type of facility
				desired;
ii. A description of the
				expected use and activity level of the new or altered facility;
iii. Proof that the applicant has notified
				the appropriate governing body where the proposed facility would be located and
				provided at least one set of certified plan drawings and project
				description;
iv. Additional
				materials as may be requested by the Manager, to substantiate the application;
				and
v. The appropriate application
				or license renewal fee in accordance with the following schedule:
(1) For any public use airport, seaplane
				base, heliport, helistop, airship base, balloonspot, or vertiport, the fee for
				initial application for license or for annual renewal of any license shall be $
				35.00.
(2) For any restricted use
				airport, seaplane base, heliport, helistop, airship base, balloonspot, or
				vertiport, the fee for initial application for license or for annual renewal of
				any license shall be $ 25.00.
(3)
				For any special use airport, seaplane base, heliport, helistop, airship base,
				balloonspot, or vertiport, the fee for initial application for license or for
				annual renewal of any license shall be $ 15.00.
(4) For any temporary airport, seaplane base,
				heliport, helistop, airship base, balloonspot, or vertiport, the fee for
				application for license shall be $ 10.00.
(5) For any parachute drop zone or
				parachuting event, the fee for license shall be $ 20.00.
(6) For any ultralight recreational facility,
				the fee for license shall be $ 15.00.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 54 - LICENSING OF AERONAUTICAL FACILITIES › Subchapter 3 - APPLICATION FOR LICENSE › Section 16:54-3.2 - Notice to the public

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The applicant
				shall publish a legal notice as shown in Appendix A, incorporated herein by
				reference, upon notification by the Bureau that a complete application has been
				received.
1. The legal notice shall be
				published in at least two newspapers serving the jurisdiction of the
				appropriate governing body.
2. One
				of the papers shall be the official publication designated by the appropriate
				governing body for public notices and the second shall be the newspaper
				designated as secondary, or, if not so designated, shall be a newspaper
				circulated widely in that political subdivision.