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The New Mexico Department of Transportation (NMDOT) is purposing to repeal rule, 17.4.2 NMAC, Requirements for Occupancy of State Highway System Right-of-Way by Utility Facilities.

Purpose: Pursuant to New Mexico State Transportation Commission Policy 4, dated August 18, 2022, NMDOT rules shall be reviewed by the appropriate Department division or other organizational unit every five years. The review found that 17.4.2 NMAC should be repealed, and approval of the initial rulemaking action for this repeal was granted to NMDOT by the New Mexico State Transportation Commission on May 19, 2022, pursuant to Section 67-3-11, Subsection C of Section 67-3-12 and Section 67-8-13 NMSA 1978.

Summary of Repeal: NMDOT proposes to repeal the following rule:
17.4.2 NMAC – Requirements for Occupancy of State Highway System Right-of-Way by Utility Facilities
Repeal of entire part 17.4.2.1 through 17.4.2.28 NMAC.

Rulemaking Hearing: NMDOT will hold a public hearing for the purpose of receiving oral and written public comments from interested parties on the repeal of rule, 17.4.2 NMAC. The hearing is scheduled on February 29, 2024, from 9:00 a.m. to 10:30 a.m. at the NMDOT, General Office, Training Rooms 1 and 2, 1120 Cerrillos Road, Santa Fe, NM 87504-1149. Any further information regarding the public hearing may be provided on the NMDOT website under the following tabs:
Legal Notices tab: https://www.dot.nm.gov/public-legal-notices, and
Public Involvement tab: https://www.dot.nm.gov/public-involvement.
Written Comments: To submit written comments on or before February 29, 2024, please send to: Lauren Vigil, PO Box 1149, Room 209, Santa Fe, NM 87504-1149; Telephone: (505) 487-0626; Email: lauren.vigil@dot.nm.gov. Written comments will be accepted from the date this notice is published in the 2024 New Mexico Register, January 16, 2024, and until the close of the hearing scheduled in this rulemaking, February 29, 2024. If you plan to submit written comments, please make sure any documentation contains your name, phone number and email address, and if you plan to submit written comments at the hearing, please bring three copies of any documents to the hearing. If submitting written comments by email, please indicate the rule number (17.4.2 NMAC) in the subject line. Oral comments will only be accepted at the public hearing, and may be subject to time limitations. After the close of the hearing scheduled in this rulemaking, the rulemaking record will be closed, and no other comments will be accepted. All written comments will be posted on the NMDOT’s website within three days of receipt.
Accommodations: Any individual with a disability who is in need of an auxiliary aid or service to attend or participate in the hearing may contact: Lauren Vigil at Telephone: (505) 487-0626 or at Email: lauren.vigil@dot.nm.gov at least ten days before the hearing.

18.1.3 REQUIREMENT FOR USE AND OCCUPANCY OF PROPERTY AND RIGHT OF WAY

The New Mexico Department of Transportation (NMDOT) is proposing new rule, 18.1.3 NMAC, Requirement for Use and Occupancy of Property and Right of Way.

Purpose: Pursuant to New Mexico State Transportation Commission Policy 4, dated August 18, 2022, NMDOT rules shall be reviewed by the appropriate Department division or other organization unit every five years. The review found that 18.1.3 NMAC should be purposed as a new rule, and approval of the initial rulemaking action for the new rule was granted to NMDOT by the New Mexico State Transportation Commission on May 19, 2022, pursuant to Section 67-3-11, Subsection C of Section 67-3-12 and Section 67-8-13 NMSA 1978.

Summary of Full Text: The proposed rule addresses NMDOT’s obligation to prescribe by rule the conditions under which third-party access to NMDOT rights of way may be used under the authority given to the NMDOT to require permits that specify the reasonable conditions and requirements for third-party access to NMDOT rights of way.

Full Text of the Proposed Rule: A copy of the full text of the proposed rule may be found on the NMDOT website for 30 days prior to the public hearing scheduled in this rulemaking, February 29, 2024, under the following tabs: Legal Notices tab: https://www.dot.nm.gov/public-legal-notices, and

Public Involvement tab: https://www.dot.nm.gov/public-involvement .
A copy of the proposed rule may also be requested by contacting Lauren Vigil at (505) 487-0626 or lauren.vigil@dot.nm.gov. A reasonable fee may be charged for printed copies.

Rulemaking Hearing: NMDOT will hold a public hearing for the purpose of receiving oral and written public comments from interested parties on the proposed new rule, 18.1.3 NMAC. The hearing is scheduled on February 29, 2024, from 10:30 a.m. to 12:00 p.m. at the NMDOT, General Office, Training Rooms 1 and 2, 1120 Cerrillos Road, Santa Fe, NM 87504-1149. Any further information regarding the public hearing may be provided on the NMDOT website under the following tabs:
Legal Notices tab: https://www.dot.nm.gov/public-legal-notices , and
Public Involvement tab: https://www.dot.nm.gov/public-involvement .

Written Comments: To submit written comments on or before February 29, 2024, please send to: Lauren Vigil, PO Box 1149, Room 209, Santa Fe, NM 87504-1149; Telephone: (505) 487-0626; Email: lauren.vigil@dot.nm.gov. Written comments will be accepted from the date this notice is published in the 2024 New Mexico Register, January 16, 2024, and until the close of the hearing scheduled in this rulemaking, February 29, 2024. If you plan to submit written comments, please make sure any documentation contains your name, phone number and email address, and if you plan to submit written comments at the hearing, please bring three copies of any documents to the hearing. If submitting written comments by email, please indicate the rule number (18.1.3 NMAC) in the subject line. Oral comments will only be accepted at the public hearing, and may be subject to time limitations. After the close of the hearing scheduled in this rulemaking, the rulemaking record will be closed, and no other comments will be accepted. All written comments will be posted on the NMDOT’s website within three days of receipt.
Accommodations: Any individual with a disability who is in need of an auxiliary aid or service to attend or participate in the hearing may contact: Lauren Vigil at Telephone: (505) 487-0626 or at Email: lauren.vigil@dot.nm.gov at least ten days before the hearing.

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Notice of Proposed Rule Making - 18.28.6 NMAC, Transportation Construction Manager General Contractor Rule

The New Mexico Department of Transportation (NMDOT) is proposing new rule, 18.28.6 NMAC, Transportation Construction Manager General Contractor Rule.

Purpose: In 2022, the New Mexico legislature enacted the Transportation Construction Manager General Contractor Act compiled at Section 13-1-122.1 through -122.4 NMSA 1978. to provide construction manager general contractor (CMGC) as an alternative project delivery method for certain NMDOT projects. The proposed rule establishes procedures for the solicitation and award of a CMGC project delivery procurement method for certain NMDOT projects.

Summary of Full Text: The proposed rule addresses use of the CMGC project delivery method, including scope of services and procurement method. The rule also establishes the evaluation criteria, composition of the selection committee, and the process for award of CMGC contracts.

Full Text of the Proposed Rule: A copy of the full text of the proposed rule may be found on the NMDOT website at the following internet links, under the Legal Notices tab: https://www.dot.nm.gov/public-legal-notices/ and under the Public Involvement tab: https://www.dot.nm.gov/public-involvement/. A copy of the proposed rule may also be requested by contacting Lauren Vigil at (505) 487-0626 or lauren.vigil@dot.nm.gov. A reasonable fee may be charged for printed copies.

Rulemaking Hearing: NMDOT will hold a public hearing with an option to participate virtually for the purpose of receiving oral and written public comment from interested parties on the proposed rule, 18.28.6 NMAC. The hearing is scheduled on October 12, 2023, from 2:00 p.m. to 3:30 p.m. at the NMDOT, General Office, Training Rooms 1 and 2, 1120 Cerrillos Road, Santa Fe, New Mexico. To participate virtually in the public hearing, a link will be provided on the NMDOT website under the Legal Notices and Public Involvement links above. You may also request a link to participate virtually by emailing Lauren Vigil at lauren.vigil@dot.nm.gov.

Written Comments: To submit written comments on or before October 12, 2023, please send to: Lauren Vigil, PO Box 1149, Room 209, Santa Fe, NM 87504-1149; Telephone (505) 487-0626; Email: lauren.vigil@dot.nm.gov  Written comments will be accepted from the date this notice is published in the New Mexico Register, September 12, 2023, and until the close of the hearing scheduled in this rulemaking, October 12, 2023. If you plan to submit written comments, please make sure any documentation contains your name, phone number and email address, and please bring (3) copies of any documents to the hearing. If submitting written comments by email, please indicate the rule number in the subject line. Oral comments will only be accepted at the public hearing, and may be subject to time limitations. After the close of the hearing scheduled in this rulemaking, the rulemaking record will be closed, and no other comments will be accepted. All written comments will be posted on the department’s website within three days of receipt.

Accommodations: Any individual with a disability who is in need of an auxiliary aid or service to attend or participate in the hearing, or who needs copies of the proposed rule revisions in an accessible form may contact: Lauren Vigil at (505) 487-0626 or lauren.vigil@dot.nm.gov at least ten days before the hearing.

The Aviation Division of the New Mexico Department of Transportation is proposing to amend Rule 18.11.10. NMAC, Rural Air Service Enhancement Grant Program.

The Aviation Division of the New Mexico Department of Transportation is proposing to amend Rule 18.11.10. NMAC, Rural Air Service Enhancement Grant Program.

Approval of the initial rulemaking action for the proposed amendment was granted to the Aviation Division by the New Mexico State Transportation Commission on May 18th, 2023, pursuant to Sections 9-1-5, 67-3-8, 67-3-11, 67-3-14, and 67-3-28 NMSA 1978.  The legal authority authorizing this rulemaking is Section 64-1-13 NMSA 1978 and Section 64-6-3 NMSA 1978.

PurposeThe purpose of this rule is to amend the rule governing the Rural Air Service Enhancement grant program to reflect changes to the program made by House Bill 433 as passed during the 2023 regular session of the New Mexico Legislature and signed by the Governor.

Summary of Full TextThe Rural Air Service Enhancement Act was established to provide grant funds to municipalities and counties for use in establishing and maintaining rural air service.  The proposed amended rule implements provisions of the Act necessary for the Aviation Division to administer the grant program.cessary provisions that are to be included in a service agreement between the municipality or county and the selected air carrier, the contents of the grant application to be submitted to the Aviation Division, the criteria that the Aviation Division will use in awarding a grant, the process for the eventual award of grant to a municipality or county, and the reimbursement process.

Notice of Proposed Rulemaking: Proposed New Rule, 18.11.3

The New Mexico Department of Transportation (Aviation Division) is proposing to repeal and replace rule, 18.11.3. NMAC, Air Service Assistance Program.

Approval of the initial rulemaking action for the proposed repeal and replace rule was granted to the Aviation Division by the New Mexico State Transportation Commission on January 6th, 2022, pursuant to Sections 9-5-1, 67-3-8, 67- 3-11, 67-1-13, 67-3-28 and 67-1-13 NMSA 1978.  The legal authority authorizing this rulemaking is Section 64-1-13 NMSA 1978.

A prior public hearing for the proposed repeal and replace rule, 18.11.3 NMAC, was held on May 23, 2022.  Subsequent to that hearing, the Aviation Division determined that the proposed repeal and replace rule, 18.11.3 NMAC, needed to be revised before final action was taken. Pursuant to that revision, the Aviation Division has determined that a second comment period and public hearing is necessary.

The New Mexico Department of Transportation (NMDOT) is proposing to repeal and replace rule 18.20.11 NMAC, Ignition Interlock Program Rule.

Approval of the initial rulemaking action for the proposed repeal and replacement of rule 18.20.11 NMAC was granted to NMDOT by the New Mexico State Transportation Commission on March 24, 2022, pursuant to Sections 9-1-5, 67-3-8 and 67-3-11, NMSA 1978. The legal authority authorizing this rulemaking is Sections 67-3-8 and Sections 66-5-35, 66-5-501 et seq., 66-7-506, 66-8-102 and 66-8-102.3NMSA 1978.

Summary of Full Text: The NMDOT is statutorily responsible for oversight and regulation of the use of ignition interlock devices, as well as oversight and regulation of ignition interlock device manufacturers, service center operators, installers, and service technicians in New Mexico, pursuant to NMSA 1978 §§ 66-5-35 and 66-8-102. The proposed rule replaces the outdated existing rule, thereby aligning the regulatory framework with currently available technology and practices regarding ignition interlock devices. The proposed rule includes rules regulating the licensing of ignition interlock device manufacturers; the licensing of ignition interlock device service centers; the certification of installers and service technicians; the training of certain employees of ignition interlock device service centers, including installers and service technicians; the use, maintenance, and reporting requirements for ignition interlock devices; and the availability of and criteria for assisting indigent drivers required to use an ignition interlock device.

Purpose: The purpose for this proposed repeal and replacement of rule 18.20.11 NMAC is to make appropriate updates since the ignition interlock program rule has not been updated since 2003. In the intervening years, major changes in technologies and program delivery have occurred; as a consequence, certain modifications to the rule are required at this time.

Full Text of the Proposed Rule: A copy of the full text of the proposed replacement rule 18.20.11 NMAC may be found on the NMDOT website at the following Internet link, under the Public Notices tab: https://dot.state.nm.us/content/nmdot/en/public-notices.html. To obtain a printed copy of the proposed replacement rule, contact Leann Adams at: Telephone (505) 629-2948 or Email: Leann.Adams@dot.nm.gov. A reasonable fee may be charged for printed copies.

Rulemaking Hearing: NMDOT will hold one statewide public hearing for the purpose of receiving oral and written public comment from interested parties on the proposed replacement rule, 18.20.11 NMAC. The hearing is scheduled on Friday, January 27, 2023, from 1:00 PM to 3:00 PM at New Mexico Department of Transportation General Office, Training rooms #1 and #2, 1120 Cerrillos Rd., Santa Fe, New Mexico 87504.

Written Comments: To submit written comments on or before date of hearing, please send to: Leann Adams, New Mexico Department of Transportation, P.O. Box 1149, Santa Fe, New Mexico 87504, at Telephone: (505) 629-2948 or Email: Leann.Adams@dot.nm.gov. Written comments will be accepted from the date this notice is published in the New Mexico Register, December 27, 2022, until the close of the hearing scheduled in this rulemaking. If you plan to submit written comments, argument or data, please make sure any documentation contains your name, phone number and email address. If submitting written comments by email, please indicate the rule number in the subject line. Oral comments will only be accepted at the public hearing, and may be subject to time limitations. After the close of the final hearing scheduled in this rulemaking, the rulemaking record will be closed and no other comments will be accepted. All written comments will be posted on the department’s website within three days of receipt.

Accommodations: Any individual with a disability who is in need of an auxiliary aid or service to attend or participate in the hearing, or who needs copies of the proposed rule revisions in an accessible form may contact Leann Adams at Telephone: (505) 629-2948, or Email: Leann.Adams@dot.nm.gov at least ten days before the hearing.

Payments for Deposit

Per state statute [SS 6-10-3 NMSA 1978] state agencies must deposit any and all funds received within 24 hours of receipt.  The NMDOT Financial Control Bureau is the central location that should receive all payments for deposit. All payments for deposit to NMDOT must be mailed or walked into the address below. Payments must be submitted with a correspondence and/or other documentation supporting what the payment is for.

Address:
Attention Financial Control Room #130
NMDOT 1120 Cerrillos Rd., P.O. Box 1149
Santa Fe, NM 87504

The New Mexico Department of Transportation (NMDOT) is proposing a new rule, 18.24.1 NMAC, Autonomous Vehicle Testing Rule

Approval of the initial rulemaking action for the proposed new rule was granted to NMDOT by the New Mexico State Transportation Commission on May 20, 2021, pursuant to Sections 9-15, 67-3-8 and 67-3-11, NMSA 1978. The legal authority authorizing this rulemaking is Section 66-7-12 and 66-7-13, NMSA 1978.

Summary of Full Text: Title 18, Chapter 24, Part 1, Autonomous Vehicle (AV) Testing introduces definitions that are specific to AV as established in the Society of Autonomous Engineers (SAE) Standard J-3016, the standard recognized by National Highway Traffic and Safety Administration (NHTSA), the federal regulatory authority on AV operations. It also establishes the required information to be submitted to the New Mexico Department of Transportation prior to testing and operations of AVs on public roadways. It establishes the necessary content of a Police Interaction Plan that must be in place by an AV tester in the event of a crash involving the operations and/or testing of an AV on public roadways. It establishes the minimum liability coverage for AV operations and/or testing on public roadways.

Notice of Proposed Rulemaking: Repeal and Replacement of 17.4.2 NMAC

The New Mexico Department of Transportation (NMDOT or the Department) gives notice of its proposed adoption of rulemaking to repeal and replace 17.4.2 NMAC, requirements for occupancy of state highway system right-ofway by utility facilities. The rules that may be adopted as the final rules in this proceeding may include all, part, or none of the language in the proposed rules issued by the Department.

Written initial comments shall be filed no later than March 26, 2021 and response comments shall be filed no later than April 9, 2021.

A public hearing will be held on April 23, 2021 at 1:00 p.m., which shall be accomplished through Zoom. Instructions on how to connect will be posted prior to the hearing.

For more information as to how to submit comments please contact:

Dean Serna, Utility Section Manager
505-795-1608

Public Notice: Conversion of Checks to Automated Clearing House (ACH)

PUBLIC NOTICE:CONVERSION OF CHECKS TO AUTOMATED CLEARING HOUSE (ACH)

The State of New Mexico’s fiscal agent contract was renewed on May 1, 2014 with Wells Fargo Fiscal Agent Banking Services.  The contract is administered by our oversight agency, the Department of Finance and Administration (DFA) and State Treasurer’s Office (STO). Read More…

Public Notice: Notice of Proposed Rulemaking: 18.27.6 NMAC, Local Government Transportation Project Fund

Public Notice:Notice of Proposed Rulemaking: 18.27.6 NMAC, Local Government Transportation Project Fund

The New Mexico Department of Transportation (NMDOT) is proposing a new rule, 18.27.6 NMAC, Local Government Transportation Project Fund. Read More…


Public Notice: Notice of Proposed Rulemaking Hearing: 18.27.5 NMAC, Contractor Prequalification Rule

Public Notice:Notice of Proposed Rulemaking Hearing: 18.27.5 NMAC, Contractor Prequalification Rule

The New Mexico Department of Transportation (NMDOT) is proposing to repeal and replace 18.27.5 NMAC, Contractor Prequalification Rule. Read More…


Fiscal Year 2020 Municipal Separate Storm Sewer System (MS4) Annual Reports

New Department of Transportation is seeking comments for the following Fiscal Year 2020 Municipal Separate Storm Sewer System (MS4) Annual Reports.

New Mexico Department of Transportation District 1

New Mexico Department of Transportation District 3

New Mexico Department of Transportation District 5

Comments concerning any of the above annual reports can be made to NMDOT.IDDE@STATE.NM.US no later than Monday, November 9, 2020