New Mexico Register / Volume XXXV,
Issue 1 / January 16, 2024
NOTICE
OF PROPOSED RULEMAKING
The New Mexico Department
of Transportation (NMDOT) is purposing to repeal rule, 17.4.2 NMAC,
Requirements for Occupancy of State Highway System Right-of-Way by Utility
Facilities.
Purpose: Pursuant to New Mexico State Transportation
Commission Policy 4, dated August 18, 2022, NMDOT rules shall be reviewed by
the appropriate Department division or other organizational unit every five
years. The review found that 17.4.2 NMAC
should be repealed, and approval of the initial rulemaking action for this
repeal was granted to NMDOT by the New Mexico State Transportation Commission
on May 19, 2022, pursuant to Section 67-3-11, Subsection C of Section 67-3-12
and Section 67-8-13 NMSA 1978.
Summary of Repeal: NMDOT proposes to repeal the following rule:
17.4.2 NMAC – Requirements
for Occupancy of State Highway System Right-of-Way by Utility Facilities
Repeal of entire
part 17.4.2.1 through 17.4.2.28 NMAC.
Rulemaking
Hearing: NMDOT will hold a public hearing for the
purpose of receiving oral and written public comments from interested parties
on the repeal of rule, 17.4.2 NMAC. The
hearing is scheduled on February 29, 2024, from 9:00 a.m. to 10:30 a.m. at the
NMDOT, General Office, Training Rooms 1 and 2, 1120 Cerrillos Road, Santa Fe,
NM 87504-1149. Any further information
regarding the public hearing may be provided on the NMDOT website under the
following tabs:
Legal Notices tab: https://www.dot.nm.gov/public-legal-notices,
and
Public Involvement
tab:
https://www.dot.nm.gov/public-involvement.
Written Comments: To submit written
comments on or before February 29, 2024, please send to: Lauren Vigil, PO Box
1149, Room 209, Santa Fe, NM 87504-1149; Telephone: (505) 487-0626; Email: lauren.vigil@dot.nm.gov. Written comments will be accepted from the
date this notice is published in the 2024 New Mexico Register, January 16,
2024, and until the close of the hearing scheduled in this rulemaking, February
29, 2024. If you plan to submit written
comments, please make sure any documentation contains your name, phone number
and email address, and if you plan to submit written comments at the hearing,
please bring three copies of any documents to the hearing. If submitting written comments by email,
please indicate the rule number (17.4.2 NMAC) in the subject line. Oral comments will only be accepted at the
public hearing,
and may be subject to
time limitations. After the close of the
hearing scheduled in this rulemaking, the rulemaking record will be closed, and
no other comments will be accepted. All written
comments will be posted on the NMDOT’s website within three days of receipt.
Accommodations: Any individual with a
disability who is
in need of an auxiliary
aid or service to attend or participate in the hearing may contact: Lauren
Vigil at Telephone: (505) 487-0626 or at Email: lauren.vigil@dot.nm.gov
at least ten days before the hearing.