N.M. Code R. § 20.2.99.132

Current through Register Vol. 35, No. 11, June 11, 2024

Section 20.2.99.132 - CRITERIA AND PROCEDURES - TIMELY IMPLEMENTATION OF TCMS

A. The transportation plan, TIP, or any FHWA/FTA project which is not from a conforming plan and TIP must provide for the timely implementation of TCMs from the SIP.

B. For transportation plans, this criterion is satisfied if the following two conditions are met:

(1) The transportation plan, in describing the envisioned future transportation system, provides for the timely completion or implementation of all TCMs in the SIP, which are eligible for funding under title 23 U.S.C. or the Federal Transit Laws, consistent with schedules included in the SIP.

(2) Nothing in the transportation plan interferes with the implementation of any TCM in the SIP.

C. For TIPs, this criterion is satisfied if the following conditions are met:

(1) An examination of the specific steps and funding source(s) needed to fully implement each TCM indicates that TCMs, which are eligible for funding under title 23 U.S.C. or the Federal Transit Laws, are on or ahead of the schedule established in the SIP, or, if such TCMs are behind the schedule established in the SIP, the MPO (or the NMSHTD in the absence of an MPO) and US DOT have determined that past obstacles to implementation of the TCMs have been identified and have been or are being overcome, and that all State and local agencies with influence over approvals or funding for TCMs are giving maximum priority to approval or funding of TCMs over other projects within their control, including projects in locations outside the nonattainment or maintenance area.

(2) If TCMs in the applicable SIP have previously been programmed for Federal funding but the funds have not been obligated and the TCMs are behind the schedule in the implementation plan, then the TIP cannot be found to conform if the funds intended for those TCMs are reallocated to projects in the TIP other than TCMs (or if there are no other TCMs in the TIP, if the funds are reallocated to projects in the TIP other than projects which are eligible for Federal funding intended for air quality improvement projects, e.g., the Congestion Mitigation and Air Quality Improvement Program).

(3) Nothing in the TIP interferes with the implementation of any TCM in the SIP.

D. For FHWA/FTA projects which are not from a conforming transportation plan and TIP, this criterion is satisfied if the project does not interfere with the implementation of any TCM in the SIP.

N.M. Code R. § 20.2.99.132

12/14/94; 11/23/98; 20.2.99.132 NMAC - Rn, 20 NMAC 2.99.132 10/31/02