N.M. Code R. § 20.11.3.126
Notwithstanding the other requirements of 20.11.3 NMAC, highway and transit projects of the types listed in Table 2 of 20.11.3.126 NMAC 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 20.11.3.126 NMAC is not exempt if the MPO in consultation with other agencies (see Subparagraph (c) of Paragraph (1) of Subsection D of 20.11.3.105 NMAC), the 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. States and MPOs shall ensure that exempt projects do not interfere with TCM implementation. Table 2 follows:
TABLE 2. EXEMPT PROJECTS
SAFETY
Railroad/highway crossing
Projects that correct, improve or eliminate a hazardous location or feature
Safer non-federal-aid system roads
Shoulder improvements
Increasing sight distance
Highway safety improvement program implementation
Traffic control devices and operating assistance other than signalization projects
Railroad/highway crossing warning devices
Guardrails, median barriers, crash cushions
Pavement resurfacing or rehabilitation
Pavement marking
Emergency relief ( 23 U.S.C. 125 )
Fencing
Skid treatments
Safety roadside rest areas
Adding medians
Truck climbing lanes outside the urbanized area
Lighting improvements
Widening narrow pavements or reconstructing bridges (no additional travel lanes)
Emergency truck pullovers
MASS TRANSIT
Operating assistance to transit agencies
Purchase of support vehicles
Rehabilitation of transit vehicles1
Purchase of office, shop and operating equipment for existing facilities
Purchase of operating equipment for vehicles (e.g., radios, fare boxes, lifts, etc.)
Construction or renovation of power, signal and communications systems
Construction of small passenger shelters and information kiosks
Reconstruction or renovation of transit buildings and structures (e.g., rail or bus buildings, storage and maintenance facilities, stations, terminals and ancillary structures)
Rehabilitation or reconstruction of track structures, track, and trackbed in existing rights-of-way
Purchase of new buses and rail cars to replace existing vehicles or for minor expansions of the fleet1
Construction of new bus or rail storage/maintenance facilities categorically excluded in 23 CFR Part 771
AIR QUALITY
Continuation of ride-sharing and van-pooling promotion activities at current levels
Bicycle and pedestrian facilities
OTHER
Specific activities which do not involve or lead directly to construction, such as:
Planning and technical studies
Grants for training and research programs
Planning activities conducted pursuant to Titles 23 and 49 U.S.C. Federal-aid systems revisions
Engineering to assess social, economic and environmental effects of the proposed action or alternatives to that action
Noise attenuation
Emergency or hardship advance land acquisitions 23 CFR Part 710.503
Acquisition of scenic easements
Plantings, landscaping, etc.
Sign removal
Directional and informational signs
Transportation enhancement activities (except rehabilitation and operation of historic transportation buildings, structures or facilities)
Repair of damage caused by natural disasters, civil unrest or terrorist acts, except projects involving substantial functional, locational or capacity changes
Note:1In PM10 and PM2.5 nonattainment or maintenance areas, such projects are exempt only if they are in compliance with control measures in the applicable implementation plan.
N.M. Code R. § 20.11.3.126