reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 9 - GOVERNING THE APPROVAL OF GRANTS › Section 18.11.9.9 - PROJECT APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Before being eligible for consideration by the aviation
				  division, a sponsor must submit a request for a project grant to the aviation
				  division in accordance with the process established by the division. The
				  project request shall include an accurate project description and cost of work
				  to be done.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 9 - GOVERNING THE APPROVAL OF GRANTS › Section 18.11.9.10 - PROJECT APPROVAL

Current through Register Vol. 35, No. 13, July 16, 2024
The aviation division shall give priority for the award of
				  grants based on the aviation division's determination as to the need for the
				  project. If the aviation division determines that the project meets all
				  requirements of eligibility, that it meets the existing or future needs of
				  aviation in the state, and that state aid is required to accomplish the
				  project, the aviation division will prepare the grant agreement paperwork to be
				  sent to the sponsor. The aviation division shall require the adoption of an
				  airport maintenance resolution; and may also require the adoption of
				  appropriate airspace and land use zoning ordinances. Copies of any required
				  documentation shall be furnished to the aviation division prior to the full
				  processing of the grant agreement. . The grant agreement shall become a legal
				  document upon approval and execution by all required parties.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 9 - GOVERNING THE APPROVAL OF GRANTS › Section 18.11.9.11 - EXECUTION OF PROJECT

Current through Register Vol. 35, No. 13, July 16, 2024
The project shall be accomplished in accordance with the
				  provision of the applicable state laws, aviation division policies and
				  procedures, and conditions of the approved grant agreement.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 9 - GOVERNING THE APPROVAL OF GRANTS › Section 18.11.9.12 - STATE PARTICIPATION

Current through Register Vol. 35, No. 13, July 16, 2024
The aviation division is not restricted, other than by funds
				  available, to a percentage of total amount of participation in any given
				  project. At the discretion of the division a sponsor may use in kind services
				  for its participating in the project.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 9 - GOVERNING THE APPROVAL OF GRANTS › Section 18.11.9.13 - SPECIAL PROJECTS

Current through Register Vol. 35, No. 13, July 16, 2024
The aviation division may occasionally find it prudent and
				  advisable to participate in projects which are not related to a specific
				  airport or which may be beneficial to aviation as a whole in New Mexico. In the
				  event state funds are used for such purposes, the aviation division shall work
				  with the sponsor to assist in the development of all needed
				  documentation.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 9 - GOVERNING THE APPROVAL OF GRANTS › Section 18.11.9.14 - PROCUREMENT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Sponsors that receive assistance shall comply with the requirements of the New
				Mexico Procurement Code, Sections
				13-1-28 to
				13-1-199
				NMSA 1978, as amended.
B. Sponsors
				exempted from complying with the Procurement Code pursuant to Section
				13-1-98
				K shall comply with their own purchasing ordinances and must provide a copy of
				those ordinances to the aviation division.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 10 - RURAL AIR SERVICE ENHANCEMENT GRANT PROGRAM › Section 18.11.10.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Aviation Division of the New Mexico Department of
				  Transportation, 3501 Access Road C, Albuquerque, New Mexico 87106.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 10 - RURAL AIR SERVICE ENHANCEMENT GRANT PROGRAM › Section 18.11.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Municipalities and counties located within the state of New
				  Mexico who owns and operates an airport which is located either within its
				  jurisdiction or the jurisdiction of any other political
				  subdivision.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 10 - RURAL AIR SERVICE ENHANCEMENT GRANT PROGRAM › Section 18.11.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Adoption of this regulation is pursuant to authority granted
				  to the aviation division of department of transportation under Section
				  64-1-13,
				  Sections
				  67-3-11,
				  67-3-28
				  NMSA 1978 and SB 133, Laws 2021, Chapter 47.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 10 - RURAL AIR SERVICE ENHANCEMENT GRANT PROGRAM › Section 18.11.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 26, 2021, unless a later date is cited at the end of
				  a section or paragraph.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 10 - RURAL AIR SERVICE ENHANCEMENT GRANT PROGRAM › Section 18.11.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 18.11.3 NMAC is to establish eligibility
				  requirements, including the maximum amount a recipient may receive, under the
				  Rural Air Service Enhancement Act. The purpose of this regulation is to
				  describe the eligibility requirements of an eligible recipient, and the process
				  for the application, evaluation, awarding of grants under the Rural Air Service
				  Enhancement Act.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 10 - RURAL AIR SERVICE ENHANCEMENT GRANT PROGRAM › Section 18.11.10.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Definitions beginning with "A":
(1)
"Aircraft"
means
				airplane.
(2)
"Air
				carrier"
has the same meaning as defined in
				49 U.S.C §
											40102(a) (2).
(3)
"Air route"
means any
				scheduled operation or public charter.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 10 - RURAL AIR SERVICE ENHANCEMENT GRANT PROGRAM › Section 18.11.10.8 - ELIGIBILITY FOR ASSISTANCE

Current through Register Vol. 35, No. 13, July 16, 2024
Applicants shall meet the following minimum criteria to be
				  eligible for a grant:
A. the
				municipality or county shall have a minimum population of 20,000 persons
				residing within a 50 mile radius of the airport unless the municipality or
				county has existing scheduled air service;
B. the aircraft to be used to service
				proposed new air routes served by the rural air service enhancement grant
				program shall have a passenger capacity of not more than 100 persons;
C. the route or routes to be served by the
				program shall be a new air route or routes that were not served at the time the
				grant was made; and
D. the selected
				air carrier must be licensed by the state.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 10 - RURAL AIR SERVICE ENHANCEMENT GRANT PROGRAM › Section 18.11.10.9 - AIR CARRIER PROCUREMENT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In selecting an air carrier, an eligible
				recipient must comply with:
(1) the
				requirements of the New Mexico Procurement Code, Sections
				13-1-28 to
				13-1-199 NMSA 1978, as amended,
				or
(2) if exempted from complying
				with the Procurement Code pursuant to Section
				13-1-98K NMSA 1978, their own
				purchasing ordinances. Such an eligible recipient must provide a copy of those
				ordinances to the division.
(3)
				Applicants will be required to provide proof of compliance with the New Mexico
				Procurement Code or its own purchasing ordinances if exempted from complying
				with the Procurement Code.
(4) An
				eligible entity must award a contract only to an air carrier who is licensed by
				the state.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 10 - RURAL AIR SERVICE ENHANCEMENT GRANT PROGRAM › Section 18.11.10.10 - AIR CARRIER CONTRACT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The following provisions shall be required
				in the contract between grant recipient and the air carrier:
(1) Payment to the air carrier shall be made
				in arrears on a per-flight-completed basis.
(2) The air carrier should submit an invoice
				at the beginning of each month for the prior month based on the number of
				flights that it actually completed in conformance with the contract.
(3) Submitted invoices should request an
				amount in accordance with the allowances stipulated by the parties' contract,
				detailing the service actually completed, including date of service, aircraft
				type, routing, and frequency of service, and any actual variations from the
				service contemplated by the contract.
(4) If a carrier is forced by operational
				exigencies to make ad hoc service adjustments to its service, such as aircraft
				type or routing, the carrier should report those deviations on its invoice with
				the appropriate adjustments. For instance, if the carrier substituted a
				smaller, less expensive aircraft type than agreed to, due to mechanical or
				other problems involving the larger aircraft, the subsidy rate should be
				reduced accordingly.
(5) Flights
				that did not conform to the terms and stipulations of the contract between the
				grant recipient and the air carrier will not be compensable unless approved in
				advance by the grant recipient.
(6)
				Only completed flights are considered eligible for payment unless otherwise
				excused under the terms of the contract between the grant recipient and the air
				carrier. For example, weather conditions may require the aircraft to return to
				its airport of origin before reaching its scheduled destination.
(7) Flights that never take-off because of
				weather, mechanical problems, air traffic control issues, crew shortages/flight
				and duty time issues, are not compensable.
(8) All flights that can be safely operated
				must be completed to be compensable; flights that overfly points for lack of
				traffic will not be compensated.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 10 - RURAL AIR SERVICE ENHANCEMENT GRANT PROGRAM › Section 18.11.10.11 - Application FOR GRANT

Current through Register Vol. 35, No. 13, July 16, 2024
A. In any
				fiscal year in which funds will be available for distribution from the rural
				service enhancement fund the director will request applications from eligible
				recipients interested in receiving a rural air service enhancement
				grant.
B. Two or more communities
				may enter into a shared or common services arrangements, memorandum of
				understanding, intergovernmental agreement, joint powers agreements, or other
				similar agreement to provide air service over a linear route, e.g., community A
				to community B. The applicant shall submit a fully executed letter of intent
				together with its application defining the respective responsibilities of the
				communities in implementing the project and to define the requirements, terms,
				conditions, type of funds, and considerations attendant upon each party to the
				agreement. If awarded a grant, prior to the disbursement of any funds by the
				division, the communities shall execute the agreement in a manner provided by
				law for entering into binding contractual agreements. Two or more communities
				entering into such an agreement need to make their own determination of the
				legality of such a relationship and the form and the content of the
				agreement.
C. Eligible recipients
				shall submit a single application to the division in a format provided by the
				division. An applicant shall comply with deadlines and guidelines published by
				the director. The director shall reject any application that is not submitted
				by the deadline. Each applicant is solely responsible for soliciting, reviewing
				and selecting an air carrier for inclusion in the application.
D. A grant application shall include the
				items listed in Section
				64-6-4 NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 10 - RURAL AIR SERVICE ENHANCEMENT GRANT PROGRAM › Section 18.11.10.12 - ELIGIBLE INFRASTRUCTURE IMPROVEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
To be eligible for grant funding for infrastructure
				  improvements, the improvements must be an integral part of, or necessary for
				  the development, or the provision of scheduled air service. Infrastructure
				  grants will be processed in accordance with 18.11.9 NMAC Governing the Approval
				  of Grants.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 10 - RURAL AIR SERVICE ENHANCEMENT GRANT PROGRAM › Section 18.11.10.13 - CRITERIA FOR EVALUATING GRANT APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The division shall give priority for the
				award of grants based on the division's determination that the application
				meets the following criteria and subject to the availability of funds. It
				should be emphasized that the ranking process does not require that the
				director fund projects in order of their ranking. The ranking is a means to
				help the director generally prioritize projects.
B. The minimum criteria is as follows:
(1) the demand for service on the proposed
				air routes;
(2) the economic impact
				on the eligible recipient of the proposed new air routes; and
(3) the feasibility of a common carrier
				licensed by the state servicing the proposed new air routes.
(4) the amount of the requested enhancement
				grant and the corresponding matching funds above the minimum requirement to be
				provided by the applicant; and
(5)
				the existence of a plan by the municipality or county to market the service to
				the community.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 10 - RURAL AIR SERVICE ENHANCEMENT GRANT PROGRAM › Section 18.11.10.14 - Approval of Grant

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the
				division approves an application for a grant, the recipient of the grant must
				enter into an agreement with the division. The agreement must specify:
(1) The amount of the grant;
(2) The amount of the matching funds from the
				eligible recipient. Minimum matching funds shall not be less than:
(a) ten percent if the eligible recipient has
				no existing scheduled air service at the time of application; and
(b) twenty percent if the eligible recipient
				has existing scheduled air service at the time of application. In-kind
				contributions may not be used in satisfying the required minimum matching
				funds.
(3) the proper
				use of the money obtained from the grant;
(4) the date on which the division approved
				the grant;
(5) the specific
				indicators of performance by which the division and the recipient of the grant
				will measure the progress of the project;
(6) the projected estimates of
				costs;
(7) a requirement that the
				recipient of the grant report to the division on an annual basis.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 10 - RURAL AIR SERVICE ENHANCEMENT GRANT PROGRAM › Section 18.11.10.15 - REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
Each grant recipient must submit annual reports on the
				  progress made during the previous period in implementing its grant no later
				  than 90 days after the end of the each 12 month period. These reports must
				  include:
(1) a description of the air
				service, including the frequency of flight operations from the applicant's
				airport to regional airport hubs, its consistency of service, on-time
				performance, reliability, and the number of enplanements;
(2) a description of the economic benefit, or
				any new business opportunities or an expansion of existing business resulting
				from the availability of the air service; and
(3) a description of the benefits to the
				community, the convenient travel times for both business and leisure travelers
				data and quantitative information about the project's impact.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 10 - RURAL AIR SERVICE ENHANCEMENT GRANT PROGRAM › Section 18.11.10.16 - FUNDING RESTRICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Each eligible recipient awarded a grant will be expected to
				  execute a grant agreement with the division before it begins spending funds
				  under a grant award. Applicants should therefore not assume they have received
				  grants, nor obligate or spend local funds, prior to receiving and fully
				  executing grant agreements. Funding from the grant may not be used to pay for
				  expenditures made prior to the execution of the grant agreements. The division
				  may not disburse any money from a grant until approval and execution by all
				  required parties and the division has received a request to draw money from the
				  grant from the recipient of the grant.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 10 - RURAL AIR SERVICE ENHANCEMENT GRANT PROGRAM › Section 18.11.10.17 - GRANT REIMBURSEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				recipient of a grant must make a request to draw money from the grant on a form
				prescribed by the director. The division shall reimburse the grantee in
				accordance with the terms of agreement. Claims for reimbursement shall be
				completed on form A-1159, Request for Reimbursement. Each request for
				reimbursement shall contain proof of payment for valid expenditures for
				services rendered by a third party or items of tangible property received by
				the grantee for the implementation of the grant. The division reserves the
				right to withhold reimbursement on requests that are incorrect or incomplete.
				The Final reimbursement request must be received no later than 30 days after
				the expiration of the grant. The grantee shall not be reimbursed for any costs
				incurred prior to the full execution of the grant, after the expiration of the
				grant or in excess of the maximum dollar amount of the grant unless the maximum
				dollar amount is duly amended prior to incurring the service or deliverable.
				Any unexpended portion of funds subject to this grant shall revert to the state
				aviation fund.
B. The director
				shall review and approve or deny a request to draw money from a grant within 10
				working days after the date on which the director receives the request. If the
				director approves a request to draw money from a grant, the director shall
				cause a check to be issued to the recipient of the grant in the amount
				requested by the recipient. If the director denies a request to draw money from
				a grant, the director shall provide the recipient who made the request with a
				written statement:
(1) stating the reason for
				the denial of the request; and
(2)
				describing any actions the recipient must take to receive approval of the
				request from the director.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 10 - RURAL AIR SERVICE ENHANCEMENT GRANT PROGRAM › Section 18.11.10.18 - PROJECT DOCUMENTATION

Current through Register Vol. 35, No. 13, July 16, 2024
The eligible entity shall maintain a complete set of project
				  files for a period of not less than six years following the completion of the
				  grant term. The project files shall contain all documents that are specified as
				  required by the grant agreement.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 11 - AIRPORTS › Part 10 - RURAL AIR SERVICE ENHANCEMENT GRANT PROGRAM › Section 18.11.10.19 - NON-COMPLIANT GRANTEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				division shall, at its discretion, investigate noncompliant grantees and pursue
				all appropriate legal means including termination of any grant agreement and
				any or all items and shall seek remediation for monies expended by the division
				and received by non-compliant grantee.
B. If the division finds that the recipient
				of a grant is not using money from the grant in accordance with the provisions
				of the grant agreement, the division will immediately cease providing the
				recipient with money from the grant and may determine that the agreement is
				void.
C. If the division finds that
				money from the grant is not used in accordance with the agreement, the division
				may require the repayment of the grant or any portion of the grant.
D. The division reserves the right to audit
				any rural air service enhancement grant. The eligible entity must make records
				available for review or audit upon request by the department. The division is
				entitled to recover amounts based on the results of an audit.
E. The department reserves the right to
				request the eligible entity to submit additional documentation to demonstrate
				completion of the terms and conditions required by the grant program. It is the
				responsibility of the eligible entity to comply in full with all such requests
				and to submit the requested documentation in a timely manner.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 14 - RAILROADS › Part 2 - RAILROAD SAFETY › Section 18.14.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Except as provided herein, this rule applies to all railroad
				  companies and other common carriers, as provided in Paragraph (3) of Subsection
				  A of Section 63-7-1.1 NMSA 1978 and to all rail safety activities as to which
				  the department has authority pursuant to federal railroad safety laws and
				  orders.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 14 - RAILROADS › Part 2 - RAILROAD SAFETY › Section 18.14.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections 63-3-36, 67-3-6.1, 67-3-11 NMSA, and 2023 N.M. Laws,
				  Chapter 100, Section 81.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 14 - RAILROADS › Part 2 - RAILROAD SAFETY › Section 18.14.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to establish safety requirements
				  for railroad companies and other common carriers operating in New Mexico and to
				  establish basic procedures for use when public grade crossings are sought to be
				  opened or closed.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 14 - RAILROADS › Part 2 - RAILROAD SAFETY › Section 18.14.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions set out in 49 CFR Parts 200
				  to 268 and in the American railway engineering and maintenance-of-way
				  association (AREMA) clearances manual, as used in this rule:
A.
Commission
means the New
				Mexico public regulation commission.
B.
Private grade crossing
means
				any railroad crossing of a roadway which is not a public grade crossing,
				including any at-grade crossing where the highway, road or street is privately
				owned.
C.
Public grade
				crossing
means a location within the state, other than a location where
				one or more railroad tracks cross one or more railroad tracks at-grade, where a
				public highway, public road, or public street, including any associated public
				sidewalks and public pathways, crosses one or more railroad tracks at-grade.
				The term includes a crossing only if any public authorities maintain the
				roadway on all sides of the crossing.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 14 - RAILROADS › Part 2 - RAILROAD SAFETY › Section 18.14.2.8 - REFERENCES TO OTHER DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Whenever this rule refers to a federal or state statute,
				  rule, or regulation, or to a technical or other document, the reference, unless
				  specifically stated to the contrary, is continuous and is intended to refer to
				  the most current version of the document.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 14 - RAILROADS › Part 2 - RAILROAD SAFETY › Section 18.14.2.9 - ADOPTION OF MINIMUM SAFETY REQUIREMENTS BY REFERENCE

Current through Register Vol. 35, No. 13, July 16, 2024
The department adopts by reference and requires a railroad
				  company to comply with the safety requirements as set forth in:
A.
Code of federal regulations.
49 CFR parts 200 to 268; and 23 CFR Part 655, Subpart F;
B.
AREMA clearances manual.
All
				new construction shall comply with Chapter 28, clearances, of the manual for
				railway engineering (MRE) published by the American railway engineering and
				maintenance-of-way association (AREMA); available at:
www.arema.org
.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 14 - RAILROADS › Part 2 - RAILROAD SAFETY › Section 18.14.2.10 - RENEWAL OF STATE PARTICIPATION AGREEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The department may annually renew the agreement between New
				  Mexico and the federal railroad administration for state participation in the
				  national railroad safety program.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 14 - RAILROADS › Part 2 - RAILROAD SAFETY › Section 18.14.2.11 - GOVERNMENTAL AGREEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The department may enter into any agreement with another
				  governmental entity, such as the New Mexico department of transportation, in
				  order to cooperatively enhance railroad safety, promote compliance with the
				  federal railroad safety laws, and implement the benefits of the national
				  railroad safety program.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 14 - RAILROADS › Part 2 - RAILROAD SAFETY › Section 18.14.2.12 - OPENING AND CLOSING OF PUBLIC GRADE CROSSINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Railroad companies are subject to the
				construction and maintenance requirements set forth in Section 63-3-36 NMSA
				1978.
B. The department shall
				determine whether to open or close a crossing on its own railroad property or
				on a state highway that crosses a railroad.
C. Any person who believes that an additional
				public grade crossing is necessary and in the public interest, or that an
				existing public grade crossing is unnecessary and not in the public interest,
				may request that the department review the necessity of such a crossing. The
				department shall consider the request and act to ensure that public grade
				crossings conform with applicable safety standards.
D. Any railroad company contemplating the
				closure of an existing public grade crossing of a public highway, city, town or
				village street at grade, must notify the department at least 60 days prior to
				any actual closure of such public grade crossing. The department shall promptly
				notice the pending closure, conduct a review, the department and issue an order
				prohibiting or permitting the closure.
E. United States department of transportation
				(USDOT) railroad identifiers shall be posted at each existing railroad crossing
				in New Mexico.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 14 - RAILROADS › Part 2 - RAILROAD SAFETY › Section 18.14.2.13 - REPORTS OF ACCIDENTS AND INCIDENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Whenever a railroad company is required by
				49 CFR
				225.9 to report an accident/incident promptly
				to the federal railroad administration, the railroad shall promptly report the
				same accident/incident information by telephone to the department.
B. A railroad company must immediately report
				to the New Mexico state police and to the New Mexico environment department as
				well as to local law enforcement or tribal police whenever it learns of the
				occurrence of an accident/incident involving a railroad car carrying hazardous
				material as provided in 49 CFR 172 . Each report must state the:
(1) name of the railroad;
(2) name, title, and telephone number of the
				person making the report;
(3) time,
				date, and location of the accident/incident;
(4) circumstances of the
				accident/incident;
(5) number of
				fatalities and injuries involved, if any; and
(6) specific hazardous commodity, if any,
				involved in the accident/incident..
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 14 - RAILROADS › Part 2 - RAILROAD SAFETY › Section 18.14.2.14 - MAPS AND PROFILES

Current through Register Vol. 35, No. 13, July 16, 2024
On or before January 15 of each year, a railroad company
				  shall provide the department with a map showing all lines and grade crossings
				  the railroad has in New Mexico and any changes to its lines and grade crossings
				  since the previous filing. In addition, the company shall provide a list of its
				  grade crossings in New Mexico and any changes to its grade crossings since the
				  previous filing. The furnishing of this information may be accomplished
				  electronically, through the provision of appropriate access to the national
				  highway-rail crossing inventory, obtainable from the federal railroad
				  administration.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 14 - RAILROADS › Part 4 - GRADE CROSSINGS ON LAND AND RAILROAD TRACKS CONTROLLED BY THE DEPARTMENT OF TRANSPORTATION › Section 18.14.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  67-3-11,
				  67-3-12,
				  63-3-35,
				  63-3-36,
				  63-3-37,
				  63-3-38,
				  and
				  67-3-67 through
				  67-3-70
				  NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 14 - RAILROADS › Part 4 - GRADE CROSSINGS ON LAND AND RAILROAD TRACKS CONTROLLED BY THE DEPARTMENT OF TRANSPORTATION › Section 18.14.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 1, 2010, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 14 - RAILROADS › Part 4 - GRADE CROSSINGS ON LAND AND RAILROAD TRACKS CONTROLLED BY THE DEPARTMENT OF TRANSPORTATION › Section 18.14.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To create procedures and standards for any new and all
				  existing grade crossings on land and railroad tracks controlled by the
				  department of transportation.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 14 - RAILROADS › Part 4 - GRADE CROSSINGS ON LAND AND RAILROAD TRACKS CONTROLLED BY THE DEPARTMENT OF TRANSPORTATION › Section 18.14.4.8 - REFERENCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The reference
				documents listed in Subsection B of 18.14.4.8 NMAC are supplementary and will
				be used by the department to evaluate requests for a new crossing or
				modification to an existing crossing or a request for a change in designation
				from a private crossing to a public crossing or the closing of a crossing or
				the grade separation of a crossing or in any diagnostic study of a crossing
				that is conducted. The most recent edition of each technical reference shall be
				used.
B. Technical reference
				documents.
(1) FHWA, railroad-highway grade
				crossing handbook.
(2) FHWA,
				MUTCD.
(3) Institute of
				transportation engineers,
geometric design criteria for highway-rail
				intersections (grade crossings).
(4) Institute of transportation engineers,
traffic engineering handbook.
(5) The department railroads and utilities
				manual, most current version.
(6)
				Any applicable department engineering standards.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 14 - RAILROADS › Part 4 - GRADE CROSSINGS ON LAND AND RAILROAD TRACKS CONTROLLED BY THE DEPARTMENT OF TRANSPORTATION › Section 18.14.4.10 - STANDARDS TO BE USED FOR ALL CROSSINGS OF DEPARTMENT OWNED RAILROAD PROPERTY

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				crossings shall be subject to an agreement between the department and a second
				party.
B. An agreement between the
				department and the second party at the crossing shall address the party that is
				responsible for the maintenance, repair and replacement of the crossing and
				installation and maintenance, repair and replacement of any traffic control
				signage at the crossing.
C. The
				department shall require the second party at the crossing to pay the department
				for the installation and maintenance, repair and replacement as needed of the
				traffic controls and signage determined to be necessary based upon a diagnostic
				study of the crossing and as approved by the secretary. If payment is not
				provided the department may close the crossing after providing written notice
				to the second party.
D. The
				following passive warning traffic control devices will be installed and
				maintained at all crossings unless the secretary determines that additional
				passive warning traffic control devices or active traffic control devices are
				required at a crossing. All passive warning traffic control devices shall be
				installed as specified in section 8B.04 of the MUTCD and shall include:
(1) a yield sign (an R1-2 sign as shown in
				figure 8B-1 and sized as shown in table 8B-1 of the MUTCD) shall be the default
				traffic control device, unless the secretary or a diagnostic study determines
				that a stop sign (an R1-1 sign as shown in figure 8B-1 and sized as shown in
				table 8B-1 of the MUTCD) is appropriate and shall be installed in compliance
				with the provisions of Part 2 of section 2B.10 of the MUTCD and figures 8B-2
				and 8B-3 of the MUTCD;
(2) a
				railroad cross buck sign (an R15-1 sign as shown in figure 8B-1 and sized as of
				Table 8B-1 of the MUTCD) that complies with the provisions of section 8B.03 of
				the MUTCD;
(3) a sign indicating
				the number of tracks at the crossing at the location if two or more tracks are
				present that complies with the provisions of section 8B.03 of the
				MUTCD;
(4) reflective striping on
				the front and back of the signpost but may be omitted from the back sides of
				crossbuck sign supports installed on one-way streets;
(5) an emergency notification sign as shown
				in figure 1 below with a telephone number for the railroad dispatcher who
				dispatches trains using the tracks at the crossing;
Click
				  to View Image
Figure 1
(6) roadway striping where
				appropriate;
(7) advance
				highway-railroad grade crossing warning signs for each direction of
				traffic.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 14 - RAILROADS › Part 4 - GRADE CROSSINGS ON LAND AND RAILROAD TRACKS CONTROLLED BY THE DEPARTMENT OF TRANSPORTATION › Section 18.14.4.11 - ADDITIONAL REQUIREMENTS FOR PRIVATE CROSSINGS OF DEPARTMENT OWNED RAILROAD PROPERTY

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				liability at a private crossing will lie with the second party named in any
				existing or future crossing agreement. The department will bear no liability
				for these crossings.
B. The
				liability for the use and the responsibility for funding the inspection,
				maintenance and improvement of a private crossing shall be the responsibility
				of the second party, as the owner of the road that crosses the department owned
				railroad property.
C. If the
				department can not locate or acquire a valid agreement that has been issued to
				allow a private crossing of the department owned railroad property, and the
				department is unable to execute an agreement with an applicant for the
				crossing, the department shall initiate a process to consider closing the
				crossing utilizing the procedures included in 18.14.4.13 NMAC.
D. The department shall have the right to
				terminate an agreement in the event that the department determines any of the
				following:
(1) the crossing is being used for
				a purpose or in a manner not set forth in the agreement; or
(2) there is a significant change in the
				volume or nature of road traffic at the crossing; or
(3) the second party has in any way breached
				the terms or conditions of any applicable agreement.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 14 - RAILROADS › Part 4 - GRADE CROSSINGS ON LAND AND RAILROAD TRACKS CONTROLLED BY THE DEPARTMENT OF TRANSPORTATION › Section 18.14.4.12 - FOR REQUESTS THAT A DESIGNATION OF A PRIVATE CROSSING BE CHANGED TO A PUBLIC CROSSING

Current through Register Vol. 35, No. 13, July 16, 2024
A. A local
				government or regional transit district may request that a private crossing be
				changed to a public crossing by submitting a written request to the rail
				manager. The request shall include the reasons for such redesignation, the
				supporting documents referenced in Paragraph (2) of Subsection (A) of 18.14.4.9
				NMAC, and a resolution from the governing body of the local government or
				regional transit district committing to maintain the approach roads to the
				grade crossing. The process referenced in 18.14.4.9 NMAC shall be used by the
				department in considering the redesignation request.
B. The rail manager shall make a
				recommendation to the secretary regarding the request to redesignate a private
				crossing to a public crossing. The secretary shall decide whether such
				redesignation shall be made. Upon approval by the secretary of the
				redesignation, an agreement between the department and the second party that
				will assume responsibility for the redesignated crossing shall be executed
				regarding the responsibilities of the second party.
C. The rail manager shall submit all changes
				in crossing designation to the FRA to update the FRA crossing
				inventory.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 14 - RAILROADS › Part 4 - GRADE CROSSINGS ON LAND AND RAILROAD TRACKS CONTROLLED BY THE DEPARTMENT OF TRANSPORTATION › Section 18.14.4.13 - CONSIDERATION OF CLOSING AN EXISTING CROSSING: CONSIDERATION OF CLOSING AN EXISTING CROSSING

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the
				department seeks the closure of an existing crossing or if the rail manager
				receives a proposal to close an existing crossing that is determined to merit
				consideration based on the rail manager's review of the proposal, the
				department shall provide public notice of the proposed closure:
(1) the department shall inform the local
				government in which the crossing is located of the proposed closure;
(2) the department shall post signs at the
				crossing notifying the public that the crossing is under consideration for
				closure and requesting public comment;
(3) the department shall publish a notice in
				a newspaper of general circulation in the community in which the crossing is
				located inviting public comment.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 14 - RAILROADS › Part 4 - GRADE CROSSINGS ON LAND AND RAILROAD TRACKS CONTROLLED BY THE DEPARTMENT OF TRANSPORTATION › Section 18.14.4.14 - CONSIDERATION OF OPENING A NEW CROSSING

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the department seeks the opening of a
				new crossing or if the rail manager receives a proposal to open a new crossing
				that is determined to have merit based on the rail manager's review of the
				proposal, the department shall provide public notice of the proposed new
				crossing.
(1) The department shall inform the
				local government in which the crossing is located of the proposed new
				crossing.
(2) The department shall
				post signs at the site of the proposed crossing notifying the public that a new
				crossing is under consideration at this site and requesting public
				comment.
(3) The department shall
				publish a notice in a newspaper of general circulation in the community in
				which the crossing is located inviting public comment.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 14 - RAILROADS › Part 4 - GRADE CROSSINGS ON LAND AND RAILROAD TRACKS CONTROLLED BY THE DEPARTMENT OF TRANSPORTATION › Section 18.14.4.15 - CONSIDERATION OF REQUESTS FOR GRADE SEPARATION OF A CROSSING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The rail manager
				in preparing their recommendation to the secretary regarding a request for
				grade separation of a crossing shall utilize:
(1) the criteria contained in the references
				cited in 18.14.4.8 NMAC;
(2) the
				results of the diagnostic study of the grade crossing;
(3) the cost of the project;
(4) the availability of funding for the
				project;
(5) the impact on the
				community in which the crossing is located.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 15 - OFF-HIGHWAY MOTOR VEHICLE SAFETY › Part 2 - OFF-HIGHWAY MOTOR VEHICLE SAFETY BOARD OPEN MEETINGS › Section 18.15.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Persons interested in and affected by actions of the
				  off-highway motor vehicle advisory board and the department of game and
				  fish.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 15 - OFF-HIGHWAY MOTOR VEHICLE SAFETY › Part 2 - OFF-HIGHWAY MOTOR VEHICLE SAFETY BOARD OPEN MEETINGS › Section 18.15.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  10-15-1
				  to 4 NMSA 1978, (as amended through 2012, "Open Meetings Act") and Section
				  66-3-1018
				  NMSA 1978, that provide the New Mexico department of game and fish director
				  with the authority to establish rules that it may deem necessary to carry out
				  the purpose of Off-Highway Motor Vehicle Act, Sections
				  66-3-1001
				  to 21 NMSA 1978 and all other acts pertaining to off-highway motor vehicles.
				  Section
				  66-3-1017
				  NMSA 1978 provides that the "off-highway motor vehicle advisory board is
				  created to advise the department on matters related to administration of the
				  Off-Highway Motor Vehicle Act.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 15 - OFF-HIGHWAY MOTOR VEHICLE SAFETY › Part 2 - OFF-HIGHWAY MOTOR VEHICLE SAFETY BOARD OPEN MEETINGS › Section 18.15.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 14, 2016, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 15 - OFF-HIGHWAY MOTOR VEHICLE SAFETY › Part 2 - OFF-HIGHWAY MOTOR VEHICLE SAFETY BOARD OPEN MEETINGS › Section 18.15.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish rules pursuant to the "Open Meetings Act,"
				  determining what constitutes reasonable notice of off-highway motor vehicle
				  advisory board public meetings.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 15 - OFF-HIGHWAY MOTOR VEHICLE SAFETY › Part 2 - OFF-HIGHWAY MOTOR VEHICLE SAFETY BOARD OPEN MEETINGS › Section 18.15.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Department"
shall mean the New Mexico department of game and
				fish.
B.
"Board"
means
				the off-highway motor vehicle advisory board.
C.
"Department's public website"
means: www.wildlife.state.nm.us [File Link Not Available].
D.
"Emergency meeting"
is a
				meeting called to address unforeseen circumstances that, if not addressed
				immediately by the board, will likely result in injury or damage to persons or
				property, or substantial financial loss to the trail safety fund or the
				department.
E.
"Publish"
shall mean to publish via paid legal advertisement in a
				newspaper of general circulation.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 15 - OFF-HIGHWAY MOTOR VEHICLE SAFETY › Part 2 - OFF-HIGHWAY MOTOR VEHICLE SAFETY BOARD OPEN MEETINGS › Section 18.15.2.8 - OPEN MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Reasonable notice
: Reasonable notice shall be given, as
				hereinafter provided, of all meetings of a quorum of the off-highway motor
				vehicle advisory board held for the purpose of discussing or making
				recommendations to the director of the department for consideration regarding
				the Off-Highway Motor Vehicle Act, sections
				66-3-1001
				to 21 NMSA 1978.
(1) Ten day notice for
				regular meetings: At least 10 days in advance of each regularly scheduled
				meeting, notice will be posted on the department's public website and social
				media sites and in addition will be sent to newspapers, radio stations, wire
				services, and television stations in the state that have provided a written
				request for the notice of meetings per Section
				10-15-1(D)
				NMSA 1978. These notices shall contain the date, time, and place of the meeting
				and information on how a copy of the agenda can be obtained.
(2) Three day notice for special meetings: At
				least three days in advance of each special meeting, notice will be posted on
				the department's public website and social media sites and given by telephone
				to newspapers, radio stations, wire services and television stations in the
				state that have provided a written request for the notice of meetings per
				Section
				10-15-1(D)
				NMSA 1978. These notices shall contain the date, time, and place of the meeting
				and information on how a copy of the agenda can be obtained.
(3) Twenty-four hour notice for emergency
				meetings: Notwithstanding any other provisions of this rule, the chairman of
				the off-highway motor vehicle board may call an emergency meeting to consider
				any unforeseen urgent matter that demands immediate board action. Notice of an
				emergency meeting shall be posted on the department's public website and social
				media sites at least 24 hours in advance unless threat of personal injury or
				property damage requires less notice, and shall be given by telephone to the
				associated press and, if time permits, via news release faxed or hand delivered
				to at least one daily newspaper of general circulation in the state.
(4) Telephone participation: Board members
				may choose to participate in properly noticed meetings of the board by
				telephone or other similar communications equipment, but only when attendance
				in person is difficult or impossible. Each board member participating by
				telephone or other similar equipment must be identified when speaking. All
				board members must be able to hear each other at the same time and hear any
				speaker, and members of the public attending the meeting must be able to hear
				any board member.