Current through Register Vol. 35, No. 18, September 24, 2024
A. Exempt projects.
Notwithstanding the other requirements of this part, highway and transit
projects of the types listed in table 2 of this section are exempt from the
requirement to determine conformity. Such projects may proceed toward
implementation even in the absence of a conforming transportation plan and TIP.
A particular action of the type listed in table 2 (of this section) is not
exempt if the MPO in consultation with other agencies (e.g. the department, see
Subsection C of 20.2.99.120 NMAC, the US EPA, and the FHWA (in the case of a
highway project) or the FTA (in the case of a transit project)) concur that it
has potentially adverse emissions impacts for any reason. NMDOT and the MPO, in
consultation with the department, as appropriate, must assure that exempt
projects do not interfere with TCM implementation. Table 2 follows. Table 2.
Exempt Projects.
(1) Safety:
(a) railroad/highway crossing;
(b) projects that correct, improve, or
eliminate a hazardous location or feature;
(c) safer non-federal-aid system
roads;
(d) shoulder
improvements;
(e) increasing sight
distance;
(f) highway safety
improvement program implementation;
(g) traffic control devices and operating
assistance other than signalization projects;
(h) railroad/highway crossing warning
devices;
(i) guardrails, median
barriers, crash cushions;
(j)
pavement resurfacing or rehabilitation;
(k) pavement marking;
(l) emergency relief (
23 U.S.C. 125
);
(m) fencing;
(n) skid treatments;
(o) safety roadside rest areas;
(p) adding medians;
(q) truck climbing lanes outside the
urbanized area;
(r) lighting
improvements;
(s) widening narrow
pavements or reconstructing bridges (no additional travel lanes);
(t) emergency truck pullovers.
(2) Mass transit:
(a) operating assistance to transit
agencies;
(b) purchase of support
vehicles;
(c) rehabilitation of
transit vehicles (In PM10 and PM2.5 nonattainment or maintenance areas, only if
projects are in compliance with control measures in the SIP.);
(d) purchase of office, shop, and operating
equipment for existing facilities;
(e) purchase of operating equipment for
vehicles (e.g., radios, fareboxes, lifts, etc.);
(f) construction or renovation of power,
signal, and communications systems;
(g) construction of small passenger shelters
and information kiosks;
(h)
reconstruction or renovation of transit buildings and structures (e.g., rail or
bus buildings, storage and maintenance facilities, stations, terminals, and
ancillary structures);
(i)
rehabilitation or reconstruction of track structures, track, and trackbed in
existing rights-of-way;
(j)
purchase of new buses and rail cars to replace existing vehicles or for minor
expansions of the fleet (In PM10 nonattainment or maintenance areas, such
projects are exempt only if projects are in compliance with control measures in
the SIP.);
(k) construction of new
bus or rail storage/maintenance facilities categorically excluded in 23 CFR
771.
(3) Air quality:
(a) continuation of ride-sharing and
van-pooling promotion activities at current levels;
(b) bicycle and pedestrian
facilities.
(4) Other:
(a) specific activities which do not involve
or lead directly to construction, such as:
(i) planning and technical studies;
(ii) grants for training and research
programs;
(iii) planning activities
conducted pursuant to titles 23 and 49 U.S.C.; or
(iv) federal-aid systems
revisions;
(b)
engineering to assess social, economic, and environmental effects of the
proposed action or alternatives to that action;
(c) noise attenuation;
(d) emergency or hardship advance land
acquisitions (
23 CFR
710.503);
(e) acquisition of scenic
easements;
(f) plantings,
landscaping, etc.;
(g) sign
removal;
(h) directional and
informational signs;
(i)
transportation enhancement activities (except rehabilitation and operation of
historic transportation buildings, structures, or facilities);
(j) repair of damage caused by natural
disasters, civil unrest, or terrorist acts, except projects involving
substantial functional, locational, or capacity changes.
B. Projects exempt from regional
emissions analyses. Notwithstanding the other requirements of this part,
highway and transit projects of the types listed in table 3 of this section are
exempt from regional emissions analysis requirements. The local effects of
these projects with respect to CO concentrations must be considered to
determine if a hot-spot analysis is required prior to making a project-level
conformity determination. The local effects of projects with respect to PM10
and PM2.5 concentrations must be considered and a hot-spot analysis performed
prior to making a project-level conformity determination, if a project in table
3 also meets the criteria of Paragraph (1) of Subsection B of section
20.2.99.148 NMAC. These projects may then proceed to the project development
process even in the absence of a conforming transportation plan and TIP. A
particular action of the type listed in table 3 (of this section) is not exempt
from regional emissions analysis if the MPO in consultation with other agencies
(e.g. the department, see Subsection C of 20.2.99.120 NMAC), the US EPA, and
the FHWA (in the case of a highway project) or the FTA (in the case of a
transit project) concur that it has potential regional impacts for any reason.
Table 3 follows. Table 3. Projects Exempt from Regional Emissions Analyses:
(1) intersection channelization
projects;
(2) intersection
signalization projects at individual intersections;
(3) interchange reconfiguration
projects;
(4) changes in vertical
and horizontal alignment;
(5) truck
size and weight inspection stations;
(6) bus terminals and transfer
points.
