New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 14 - RAILROADS
Part 2 - RAILROAD SAFETY
Section 18.14.2.16 - WAIVER OF OR VARIANCE FROM RULE REQUIREMENTS

Universal Citation: 18 NM Admin Code 18.14.2.16

Current through Register Vol. 35, No. 6, March 26, 2024

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.

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