CONSIDERATION OF CLOSING AN EXISTING CROSSING:

1. A. If the department seeks the closure of an existing crossing or if the rail manager receives a proposal to close an existing crossing that is determined to merit consideration based on the rail manager’s review of the proposal, the department shall provide public notice of the proposed closure:

   (1) the department shall inform the local government in which the crossing is located of the proposed closure;

   (2) the department shall post signs at the crossing notifying the public that the crossing is under consideration for closure and requesting public comment;

   (3) the department shall publish a notice in a newspaper of general circulation in the community in which the crossing is located inviting public comment.

2. B. The rail manager shall evaluate the impacts of closing the crossing and the options to closure. In preparing a recommendation to the secretary regarding a proposed closing of an existing crossing, the rail manager shall utilize the criteria contained in the references cited in 18.14.4.8 NMAC, the results of the diagnostic study and consider any public comments received. The rail manager shall provide a recommendation and a summary of any public comments received to the secretary.
3. C. The approval of the secretary or their designee is required in order to close an existing crossing.

[18.14.4.13 NMAC - N, 12/1/2010]