TITLE 18 TRANSPORTATION AND HIGHWAYS
CHAPTER 14 RAILROADS
PART 2 RAILROAD SAFETY
18.14.2.1 ISSUING AGENCY: Public Regulation Commission.
[18.14.2.1 NMAC - N, 9/30/11]
18.14.2.2 SCOPE: 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 commission has been delegated authority pursuant to
federal railroad safety laws together with regulations promulgated and orders
issued under those federal laws.
[18.14.2.2 NMAC - N, 9/30/11; A, 1/15/16]
18.14.2.3 STATUTORY AUTHORITY: Sections 8-8-4, 8-8-11, 63-3-36, and 63-7-1.1
NMSA.
[18.14.2.3 NMAC - N, 9/30/11]
18.14.2.4 DURATION: Permanent.
[18.14.2.4 NMAC - N, 9/30/11]
18.14.2.5 EFFECTIVE DATE: September 30, 2011, unless a later date is
cited at the end of a section.
[18.14.2.5 NMAC - N, 9/30/11]
18.14.2.6 OBJECTIVE: 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.
[18.14.2.6 NMAC - N,
9/30/11; A, 1/15/2016]
18.14.2.7 DEFINITIONS: 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.
[18.14.2.7 NMAC - N, 9/30/11; A, 6/14/13; A, 1/15/16]
18.14.2.8 REFERENCES
TO OTHER DOCUMENTS: 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.
[18.14.2.8 NMAC - N, 9/30/11]
18.14.2.9 ADOPTION
OF MINIMUM SAFETY REQUIREMENTS BY REFERENCE: The commission adopts by reference as part of this
rule, and a railroad company shall comply with the safety requirements 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 commenced
on or after September 30, 2011 shall comply with Chapter 28, clearances, of the manual for railway engineering published
by the American railway engineering and maintenance-of-way association (AREMA);
copies may be obtained from AREMA, 10003 Derekwood Lane, Lanham,
Maryland 20706.
[18.14.2.9 NMAC - N, 9/30/11;
A, 6/14/13, A, 1/15/2016]
18.14.2.10 RENEWAL OF STATE PARTICIPATION
AGREEMENT: The director of the
transportation division, on behalf of the commission, may annually renew the
agreement between New Mexico and the federal railroad administration for state
participation in the national railroad safety program.
[18.14.2.10 NMAC - N,
9/30/11]
18.14.2.11 GOVERNMENTAL AGREEMENTS: The director of the transportation division,
with the express approval of the commission, 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.
[18.14.2.11 NMAC -
N, 1/15/2016]
18.14.2.12 OPENING AND
CLOSING OF PUBLIC GRADE CROSSINGS:
A. Railroad
companies are subject to the construction and maintenance requirements set
forth in Section 63-3-36 NMSA 1978.
B. Exclusion
of property owned by New Mexico department of transportation: The New Mexico department of
transportation, and not the New Mexico public regulation commission, shall
determine whether to open or close a crossing on railroad property owned by the
New Mexico department of transportation or on a state highway that crosses a
railroad.
C. Subject to the
exclusion set out in subsection B of 18.14.2 NMAC, any person who believes that
an additional public grade crossing is necessary and in the public interest may
petition the commission for a determination regarding the need for such a
crossing. The transportation division
director shall promptly notice the pending petition for public comment, and the
commission shall, as soon as practicable consistent with due process, hold a
hearing, whereupon it may issue an order prohibiting or permitting the
additional public grade crossing.
D. Subject to the
exclusion set out in subsection B of 18.14.2 NMAC, any person who believes that
an existing public grade crossing is unnecessary or not in the public interest
may petition the commission for a determination regarding the need for such a
public grade crossing. The transportation division director shall promptly
notice the pending petition for public comment, and the commission shall, as
soon as practicable consistent with due process, hold a hearing, whereupon it
may issue an order requiring that the existing public grade crossing be
closed, kept open, or modified as needed to conform with current applicable
safety standards.
E. Subject to the
exclusion set out in subsection B of 18.14.2 NMAC, 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 transportation
division director at least sixty (60) days prior to any actual closure of such
public grade crossing. The transportation division director shall promptly
notice the pending closure for public comment, and the commission shall, as
soon as practicable consistent with due process, hold a hearing, whereupon it
may issue an order prohibiting or permitting the closure.
F. Railroad United
States department of transportation (USDOT) identifiers shall be posted at each
existing railroad crossing in New Mexico.
[18.14.2.12 NMAC - Rp,
SCC-85-7, Rule 1, 9/30/11; A, 6/14/13; 18.14.2.12 NMAC - Rn & A, 18.14.2.11
NMAC, 1/15/2016]
18.14.2.13 REPORTS OF
ACCIDENTS AND INCIDENTS:
A. Whenever
a railroad company is required by 49 CFR 225.9 to report an accident/incident
promptly by telephone to the federal railroad administration, the railroad
shall promptly report the same accident/incident information by telephone to
the transportation division of the public regulation commission at (505)
827-4310.
B. A
railroad company must immediately report by telephone to the New Mexico state
police at (505) 827-9126 and to the New Mexico environment department at (505)
827-9239 or (505) 827-1557 as well as to local law enforcement authorities and
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:
(1) the name of the railroad;
(2) the name, title, and telephone number
of the person making the report;
(3) the time, date, and location of the
accident/incident;
(4) the circumstances of the
accident/incident;
(5) the number of fatalities and injuries
involved, if any; and
(6) the specific hazardous commodity, if
any, involved in the accident/incident.
C. A
railroad company shall furnish to the transportation division of the public
regulation commission a copy of each monthly accident/incident report it files
with the federal railroad administration pursuant to 49 CFR 225. The report
shall be filed with the transportation division at the same time it is filed
with the federal railroad administration.
D. Persons
affected by railroad crossing safety issues may follow the commission’s
informal complaint procedures by contacting the commission’s consumer relations
division. In addition, they may follow
the commission’s formal complaint procedures as set forth at 1.2.2 NMAC.
E. The
furnishing of any report required under Subsections A, B, and C of 18.14.2 NMAC
is not intended to constitute a waiver of any evidentiary privilege as to such
report provided for by federal or state law.
F. The
Commission will not exercise any authority with respect to the opening or
closing of a private grade crossing.
[18.14.2.13 NMAC - Rp,
SCC-85-7, Rule 3, 9/30/11; A, 6/14/13; 18.14.2.13 NMAC - Rn & A, 18.14.2.12
NMAC, 1/15/2016]
18.14.2.14 MAPS AND PROFILES: A railroad company shall file with the
commission the first January 15 after this rule takes effect a map showing all
showing all lines and grade crossings and a list of all grade crossings the
railroad has in New Mexico, and on or before January 15 of each year a map
showing any changes to its lines and grade crossings in New Mexico since the
previous filing and a list of changes to its grade crossings in New Mexico 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.
[18.14.2.14 NMAC - Rp,
SCC 85-7, Rule 7, 9/30/11; A, 6/14/13; 18.14.2.14 NMAC - Rn & A, 18.14.2.13
NMAC, 1/15/2016]
18.14.2.15 NON-APPLICABILITY: This rule
shall not apply to government owned railroad operations or government owned
railroad property. Notwithstanding this
provision, railroad companies and other common carriers operating on government
owned railroad property or government owned railroad right of way are subject
to the provisions of this rule.
[18.14.2.15 NMAC -
N, 1/15/2016]
18.14.2.16 WAIVER
OF OR VARIANCE FROM RULE REQUIREMENTS:
A. The commission may, in its
discretion, waive or vary any state-imposed requirement of these rules whenever
the commission finds that such waiver or variance would be in the public
interest.
B. A railroad company that cannot meet
one or more of the state-imposed requirements of these rules may petition the
commission for a waiver or variance. The petition shall be in writing and shall
include:
(1) a list of those state-imposed requirements which the
railroad company wishes to have waived or varied;
(2) an explanation and description of the
specific conditions which prevent the requirement from being met; and
(3) a statement of steps already taken
and to be taken, with projected time limits for each step, in attempting to
meet the requirements.
C. The commission may order a
hearing on the merits of the petition.
D. A railroad
company shall be required to comply with requirements it has petitioned to have
waived or varied until the commission has issued an order on the merits of the
petition, unless the commission or its designee grants an interim waiver of or
variance from one of more of the requirements that are the subject of the
petition.
E. No waiver or variance of any
state-imposed requirement of these rules granted by the commission is
transferable.
[18.14.2.16 NMAC - N,
9/30/11; 18.14.2.16 NMAC - Rn & A, 18.14.2.14 NMAC, 1/15/2016]
18.14.2.17 RULES OF PROCEDURE: In all hearings before the
commission involving railroad companies, the commission shall follow the public
regulation commission rules of procedure as codified at 1.2.2.7 NMAC, et seq.,
except that a specific provision in this rule shall control over a conflicting
general provision in the rules of procedure.
[18.14.2.17 NMAC - N,
7/30/11; 18.14.2.17 NMAC - Rn, 18.14.2.15 NMAC, 1/15/2016]
18.14.2.18 FILING OF DOCUMENTS:
A. Address for filing pleadings.
(1) By
mail. Pleadings to be filed by mail
must be sent to public regulation commission, records management bureau, P.O.
Box 1269, Santa Fe, New Mexico 87504-1269.
(2) In
person. Pleadings to be filed in
person must be delivered to public regulation commission, records management
bureau, 1120 Paseo de Peralta, at the corner of Paseo de Peralta and Old Santa
Fe Trail, Santa Fe, New Mexico.
(3) By
facsimile. Pleadings filed by
facsimile must be sent to (505) 476-0324.
(4) By
electronic mail. Call the records
management bureau at 505-827-4526 for the correct email address for filing
pleadings by electronic mail.
B. Address for filing all other
documents.
(1) By
mail. Documents other than pleadings
to be filed by mail must be sent to public regulation commission,
transportation division, P.O. Box 1269, Santa Fe, New Mexico 87504-1269.
(2) In
person. Documents to be filed in
person must be delivered to the public regulation commission, transportation
division, 1120 Paseo de Peralta, at the corner of Paseo de Peralta and Old
Santa Fe Trail, Santa Fe, New Mexico.
(3) By
facsimile. Documents filed by
facsimile must be sent to (505) 827-4417.
(4) By
electronic mail. Call the chief of
the transportation division investigations bureau at 505-827-4393 for the
correct email address for filing documents by electronic mail.
C. Photocopies
of forms permitted. The
commission will accept filings made on photocopies of commission forms,
provided the copies are legible.
D. Filing
by facsimile. Persons filing
documents by facsimile should also file the original with the commission either
by mail or in person. The document will
be deemed filed on the date of receipt of either the facsimile or the original,
whichever occurs first. The commission will
accept filing by facsimile of the following documents:
(1) change of address reports;
(2) reports of fatal accidents;
(3) complaints; and
(4) other documents the commission, in
its discretion, or its designee permits.
[18.14.2.18 NMAC - N, 9/30/11; Rn, 18.14.2.16 NMAC 1/15/16]
HISTORY OF 18.14.2 NMAC:
Pre-NMAC History. The material in
this rule was previously filed with the State Records Center:
SCC 72-4, Order No. 2202, Docket 335, Regulations Governing Clearances
on Railroads with Reference to Side and Overhead Structures and Parallel
Tracks, filed 10/2/72
SCC-85-7, In Re Adoption of Railroad Rules and Regulations, filed
9/18/85
History of Repealed Material.
SCC 72-4, Order No. 2202, Docket 335, Regulations Governing Clearances
on Railroads with Reference to Side and Overhead Structures and Parallel
Tracks, filed 10/2/72 - Repealed effective 9/30/2011
SCC-85-7, In Re Adoption of Railroad Rules and Regulations, filed
9/18/85 - Repealed effective 9/30/2011