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

Universal Citation: 18 NM Admin Code 18.11.10.7

Current through Register Vol. 35, No. 18, September 24, 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.

B. Definitions beginning with "B": [RESERVED]

C. Definitions beginning with "C": "Charter flight" means a flight operated under the terms of a charter contract between a direct air carrier and the carrier's customer.

D. Definitions beginning with "D":

(1) "Department" has the same meaning as defined in Subsection D of Section 64-1-12 NMSA 1978 (2020).

(2) "Director" has the same meaning as defined in Subsection F of Section 64-1-12 NMSA 1978 (2020).

(3) "Division" has the same meaning as defined in Subsection E of Section 64-1-12 NMSA 1978 (2020).

E. Definitions beginning with "E":

(1) "Eligible recipient" means a municipality or county 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 and have a minimum population of twenty thousand persons residing within a fifty-mile radius of the airport.

(2) "Enhancement grant" means an award of financial assistance of rural air service enhancement funds to an eligible entity. Individual grants shall not exceed two million two hundred fifty thousand dollars ($2,250,000) per year for municipalities or counties with existing scheduled air service; or exceed two million seven hundred fifty thousand dollars ($2,750,000) per year for municipalities or counties not served by existing scheduled air service.

(3) "Expanded air route" means an air route served by the rural air service enhancement grant program that expands passenger capacity or the number of scheduled operations or public charter flights from what was served at the time a grant was made.

F. Definitions beginning with "F": [RESERVED]

G. Definitions beginning with "G":

(1) "Grant" or "grant award" means an award of financial assistance though the rural air service enhancement program.

(2) "Grant Agreement" means a legal instrument of financial assistance between the division and an eligible recipient. "Grant agreement" and "agreement" are used interchangeably.

(3) "Grantee" or "grant recipient" means the direct recipient of a grant award. The grantee is legally accountable to the department for the use of grant funds and is bound by the provisions and terms and conditions of the grant agreement. The grantee is responsible for ensuring that the selected air carrier carrying out activities under the award comply with the provisions and terms and conditions of the grant agreement.

(4) "Grant term" means the timeframe for the use of the grant award as set forth in the grant award agreement. Grant awards shall cover a timeframe of at least two years.

H. Definitions beginning with "H": [RESERVED]

I. Definitions beginning with "I": "In-kind contribution" means any non-monetary contribution. Goods or services offered free or at less than the usual charge are considered in an in-kind contribution. Similarly, when a person or entity pays for services on the committee's behalf, the payment is an in-kind contribution.

J. Definitions beginning with "J": [RESERVED]

K. Definitions beginning with "K": [RESERVED]

L. Definitions beginning with "L": "Licensed by the state" for purposes of the Rural Air Service Enhancement Act means a common carrier who has obtained from the United States department of transportation economic authority from the office of the secretary of transportation in the form of a certificate for interstate or foreign passenger and a safety authority in the form of an air carrier certificate and operations specifications from the federal aviation administration.

M. Definitions beginning with "M":

(1) "Minimum level of airline service" means:
(a) service for one or more New Mexico municipalities or counties to one or more airports by a reliable airline;

(b) flights that are at reasonable times considering the needs of passengers and at prices that are not excessive compared to the generally prevailing prices of other air carriers for like service between similar places; and

(c) operated by pilots that meet the minimum requirements of the federal aviation administration based on the type of service provided.

(2) "Minimum revenue guarantee" means the amount of money guaranteed by a municipality or county to be earned by an airline providing scheduled air services to and from that municipality or county, which is the difference between the minimum flight charge revenue specified in the contract between the municipality or county and the airline and the amount of actual flight charge revenue received by the airline that is less than the contractual amount.

N. Definitions beginning with "N": "New air route" means an air route to be served by the rural air service enhancement grant program that was not served prior to January 1, 2021.

O. Definitions beginning with "O": [RESERVED]

P. Definitions beginning with "P":

(1) "Passenger" has the same meaning as defined in Subsection C of Section 64-1-12 NMSA 1978 (2020).

(2) "Pilot" means any person including a co-pilot participating in the operation of an aircraft while it is in flight.

(3) "Public charter" means a one-way or round-trip charter flight to be performed by one or more direct air carriers that is arranged and sponsored by a charter operator.

Q. Definitions beginning with "Q": [RESERVED]

R. Definitions beginning with "R": [RESERVED]

S. Definitions beginning with "S": Scheduled air service or "scheduled operation" means any common carriage passenger-carrying operation for compensation or hire conducted by an air carrier for which the air carrier or its representatives offers in advance the departure location, departure time, and arrival location.

T. Definitions beginning with "T": [RESERVED]

U. Definitions beginning with "U": [RESERVED]

V. Definitions beginning with "V": [RESERVED]

W. Definitions beginning with "W": [RESERVED]

X. Definitions beginning with "X": [RESERVED]

Y. Definitions beginning with "Y": [RESERVED]

Z. Definitions beginning with "Z": [RESERVED]

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