CHAPTER 6 - TRANSIT, RAIL, AND AVIATION

 

SUBCHAPTER 6A - TRANSPORTATION SYSTEMS PLANNING

 

19A NCAC 06A .0101 DEFINITION

19A NCAC 06A .0102 STUDY COORDINATION

 

History Note: Authority G.S. 143B‑346; 143B‑10(j);

Eff. July 1, 1978;

Repealed Eff. December 1, 1993.

 

 

SUBCHAPTER 06B ‑ PUBLIC TRANSPORTATION AND RAIL PROGRAM

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

19A NCAC 06B .0101 DEFINITION

The term "public transportation" as used in this Subchapter means transportation by bus, rail, or other conveyance, either publicly or privately owned, which provides to the public general or special service on a regular and continuing basis. The term "public transportation" does not include school buses or charter or sight‑seeing service.

 

History Note: Authority G.S. 136‑44.20; 143B-348;

Eff. July 1, 1978;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

 

19A NCAC 06B .0102 LEAD STATE AGENCY

19A NCAC 06B .0103 DIRECTOR OF PUBLIC TRANSPORTATION

 

History Note: Authority G.S. 136‑44.20;

Eff. July 1, 1978;

Repealed Eff. November 1, 1991.

 

SECTION .0200 ‑ TECHNICAL ASSISTANCE

 

19A NCAC 06B .0201 ELIGIBILITY

(a) Public Agencies. State and local public agencies are eligible to receive technical assistance on all aspects of public transportation. These agencies include:

(1) municipalities, or other political subdivisions of the state;

(2) public agencies and instrumentalities of one or more municipalities, or of other political subdivisions of the state;

(3) public corporations, boards, and commissions established under state law; and

(4) public institutions of higher learning.

(b) Private Organizations. Private public transportation companies, private non‑profit corporations providing public transportation services, and private non‑profit institutions of higher learning are eligible to receive technical assistance on all aspects of public transportation providing the requests for such assistance are made on their behalf by eligible public agencies.

 

History Note: Authority G.S. 136‑44.20; 143B-348;

Eff. July 1, 1978;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

 

19A NCAC 06B .0202 ASSISTANCE IN PREPARING GRANT APPLICATIONS

Eligible public agencies may receive assistance in the preparation of applications for grants of state and federal public transportation funds. Requests for assistance shall be made in writing to the Department of Transportation stating the nature of the assistance required. The offer of assistance is made contingent upon the availability of staff.

 

History Note: Authority G.S. 136‑44.20; 143B-348;

Eff. July 1, 1978;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

 

19A NCAC 06B .0203 ASSISTANCE IN CONDUCTING PLANNING AND MANAGEMENT STUDIES

Eligible public agencies may receive assistance on technical matters during the conduct of public transportation planning and management studies. Requests for assistance shall be made to the Department of Transportation prior to the start of the study and the requests shall state the nature of the technical assistance. The offer of assistance is made contingent upon the availability of staff.

 

History Note: Authority G.S. 136‑44.20; 143B-348;

Eff. July 1, 1978;

Amended Eff. November 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

 

19A NCAC 06B .0204 ASSISTANCE IN OPERATIONAL TECHNIQUES

Eligible public agencies may receive advice on administrative and operational aspects of public transportation systems that have received state or federal financial assistance. Requests for assistance shall be made in writing to the Department of Transportation stating the nature of the assistance. The offer of assistance is made contingent upon the availability of staff.

 

History Note: Authority G.S. 136‑44.20; 143B-348;

Eff. July 1, 1978;

Amended Eff. November 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

 

19A NCAC 06B .0205 ASSISTANCE IN TRAINING ACTIVITIES

Eligible agencies may receive training assistance on operational and administrative aspects of public transportation systems. Requests for assistance shall be in writing to the Department of Transportation stating the nature of the assistances. The offer of assistance is made contingent upon the availability of staff.

 

History Note: Authority G.S. 136‑44.20; 143B-348;

Eff. November 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

 

SECTION .0300 ‑ FINANCIAL ASSISTANCE

 

19A NCAC 06B .0301 ELIGIBILITY

(a) Public Agencies. State and local public agencies are eligible to receive financial assistance from state and federal public transportation programs. These agencies include:

(1) municipalities, or other political subdivisions of the state;

(2) public agencies and instrumentalities of one or more municipalities, or of other political subdivisions of the state;

(3) public corporations, boards, and commissions established under state law; and

(4) public institutions of higher learning.

(b) Private Organizations. Private public transportation companies, private non‑profit corporations providing public transportation services, and private non‑profit institutions of higher learning are eligible to receive state and federal financial assistance providing the request for financial assistance is endorsed by resolution of the local public body. Such financial assistance may be made directly to the private organization or may be channeled through an eligible public agency.

 

History Note: Authority G.S. 136‑44.20; 143B-348;

Eff. July 1, 1978;

Amended Eff. February 1, 1980;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

 

19A NCAC 06B .0302 FINANCIAL ASSISTANCE FOR PLANNING AND MANAGEMENT

Eligible agencies may receive state and/or federal funds for the planning, management, engineering, design, and evaluation of public transportation projects. Requests for state financial assistance shall be made in writing to the Department of Transportation.

 

History Note: Authority G.S. 136‑44.20; 143B‑10(j);

Eff. July 1, 1978;

Amended Eff. November 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

 

19A NCAC 06B .0303 FINANCIAL ASSISTANCE FOR CAPITAL IMPROVEMENTS

Eligible agencies may receive state and federal financial assistance in financing the acquisition, construction, reconstruction, and improvement of facilities and equipment for use, by operation or lease or otherwise, in public transportation services. Requests for state and federal financial assistance shall be made in writing to the Department of Transportation.

 

History Note: Authority G.S. 136‑44.20; 143B-348;

Eff. July 1, 1978;

Amended Eff. November 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

 

19A NCAC 06B .0304 FINANCIAL OPERATING ASSISTANCE

Eligible agencies may receive state and federal financial assistance in financing either the operation of public transportation service or projects of limited duration which demonstrate innovative approaches in the provision of local or area‑wide public transportation services. Requests for state and federal financial assistance shall be made in writing to the Department of Transportation.

 

History Note: Authority G.S. 143B‑10(j); 136‑44.20;

Eff. July 1, 1978;

Amended Eff. November 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

 

SECTION 0400 - RAIL INDUSTRIAL ACCESS PROGRAM

 

19A NCAC 06B .0401 DEFINITION OF PROGRAM

For purposes of this Subchapter, the following definitions shall apply:

(1) The term "Rail Industrial Access Program" or "RIAP" means the Department of Transportation program which provides funding to cover a portion of the costs of constructing or rehabilitating railroad industrial access tracks to serve a new or expanded industry.

(2) "Department" means the North Carolina Department of Transportation.

(3) "Grantee" means the entity which receives a RIAP grant from DOT.

(4) "Project" means the construction of a railroad track and related facilities under the RIAP.

 

History Note: Authority G.S. 136-44.36; 143B-350(f) and (g);

Eff. April 30, 1997;

Amended Eff. April 1, 1999;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

 

19A NCAC 06B .0402 IDENTIFYING INFORMATION

Information related to RIAP may be obtained from:

 

Branch Manager, Planning and Development

North Carolina Department of Transportation

(Mail) 1553 Mail Service Center

Raleigh, NC 27699-1553

 

(Delivery) 1 South Wilmington Street

Raleigh, NC 27601

Telephone 919-707-4700

 

http://www.ncbytrain.org/projects/industrial/default.html

 

History Note: Authority G.S. 136-44.36; 143B-348;

Eff. April 30, 1997;

Readopted Eff. December 1, 2016.

 

19A NCAC 06B .0403 ELIGIBLE GRANTEES

The following organizations shall be eligible to apply for Rail Industrial Access Funding:

(1) Municipal and county governments;

(2) Non-profit or for-profit community development organizations;

(3) Railroads; and

(4) Industries.

 

History Note: Authority G.S. 136-44.36; 143B-350(f) and (g);

Eff. April 30, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

 

19A NCAC 06B .0404 ELIGIBLE COSTS

Costs eligible for RIAP funding are as follows:

(1) Reasonable engineering costs;

(2) Site preparation, including necessary grading and drainage to construct track(s);

(3) Track construction;

(4) Switches; and

(5) Grade crossings and signals.

 

History Note: Authority G.S. 136-44.36; 143B-350(f) and (g);

Eff. April 30, 1997;

Amended Eff. April 1, 1999;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

 

19A NCAC 06B .0405 INELIGIBLE COSTS

Costs which are not eligible for RIAP program costs are as follows:

(1) Relocation of utilities;

(2) Acquisition of rights of way; and

(3) Rail dock.

 

History Note: Authority G.S. 136-44.36; 143B-348;

Eff. April 30, 1997;

Amended Eff. April 1, 1999;

Readopted Eff. December 1, 2016.

 

19A NCAC 06B .0406 APPLICATION

Candidates for RIAP funding shall complete and submit a funding application as specified in Rule .0410 of this Section to the Department of Transportation. Copies of the application may be obtained from:

 

Branch Manager, Planning and Development

North Carolina Department of Transportation

(Mail) 1553 Mail Service Center

Raleigh, NC 27699-1553

 

(Delivery) 1 South Wilmington Street

Raleigh, NC 27601

 

Telephone 919-707-4700

 

History Note: Authority G.S. 136-44.36; 143B-348;

Eff. April 30, 1997;

Readopted Eff. December 1, 2016.

 

19A NCAC 06B .0407 COUNTY AND CITY CERTIFICATION

An applicant shall provide a certified copy of the resolution of support from the county and city government (if applicable) to the Department. An interim letter of support may be accepted pending receipt of a formal resolution.

 

History Note: Authority G.S. 136-44.36; 143B-350(f) and (g);

Eff. April 30, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

 

19A NCAC 06B .0408 REQUIRED EASEMENT CERTIFICATIONS

A property easement certification shall be provided by the applicant with the completed application that provides written assurance that all required easements have or will be obtained.

 

History Note: Authority G.S. 136-44.36; 143B-350(f) and (g);

Eff. April 30, 1997;

Pursuant to G.S. 150B21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

 

19A NCAC 06B .0409 INDUSTRY CERTIFICATION

The industry shall certify that it will provide the jobs and rail traffic (annual carloads) indicated in the project application.

 

History Note: Authority G.S. 136-44.36; 143B-350(f) and (g);

Eff. April 30, 1997;

Amended Eff. April 1, 1999;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

 

19A NCAC 06B .0410 APPLICATION EVALUATION

The Department shall evaluate the following when recommending rail projects to the Board of Transportation for approval:

(1) Employment created by the project during the first two years;

(2) Capital investment in the project during the first two years;

(3) Annual rail traffic created by the project;

(4) Whether the project is served by a shortline railroad; and

(5) Impact on local or regional income or economic development.

 

History Note: Authority G.S. 136-44.36; 143B-348;

Eff. April 30, 1997;

Amended Eff. April 1, 1999;

Readopted Eff. December 1, 2016.

 

19A NCAC 06B .0411 ALLOCATION OF FUNDING

(a) After evaluation of public benefits, including new employment, capital investment, and available funding, the Department may award up to a maximum 50 percent of total project costs. Except as provided in Paragraph (b) of this Rule, a project shall receive no more than 20 percent of the total RIAP budget allocated for the RIAP in any fiscal year.

(b) The North Carolina Board of Transportation may approve funding above the maximum for individual projects based on the following criteria:

(1) Comparison of project costs, benefits, and grantee resources; and

(2) Availability of funding.

 

History Note: Authority G.S. 136-44.36; 143B-348;

Eff. April 30, 1997;

Readopted Eff. December 1, 2016.

 

19A NCAC 06B .0412 PROCUREMENTS

 

History Note: Authority G.S. 136-44.36; 143-129; 143B-350(f) and (g);

Eff. April 30, 1997;

Repealed Eff. April 1, 1999.

 

19A NCAC 06B .0413 REQUESTS FOR REIMBURSEMENT

(a) Upon execution of the Grant Agreement, the Grantee shall be required by the Project Manager or Grants Administrator to submit periodic progress reports to the Department until the project tracks are completed.

(b) The Department shall not reimburse the Grantee for eligible expenses until the Department verifies completion of the project tracks, the railroad certifies that it has used the project tracks, or the Department confirms that the railroad has used the project tracks.

(c) The Grantee shall submit one itemized request that includes project information, sponsor, amount due, and contact information for reimbursement to the Department upon completion of project work at the following address:

Rail Planning Manager

Rail Industrial Access Program

North Carolina Department of Transportation

(Mail) 1553 Mail Service Center

Raleigh, NC 27699-1553

 

(Delivery) 1 South Wilmington Street

Raleigh, NC 27601

 

Telephone 919-707-4700

 

(d) The Department shall examine the request for reimbursement to verify that the costs were necessary to accomplish the project.

 

History Note: Authority G.S. 143B-348;

Eff. April 30, 1997;

Amended Eff. April 1, 1999;

Readopted Eff. December 1, 2016.

 

19A NCAC 06B .0414 RETAINAGE

 

History Note: Authority G.S. 143B-350(f) and (g);

Eff. April 30, 1997;

Repealed Eff. April 1, 1999.

 

19A NCAC 06B .0415 OWNERSHIP AND MAINTENANCE RESPONSIBILITY

(a) Once constructed, all rail industrial access tracks shall be owned by the Grantee or by the industry served.

(b) After construction, the track owner shall be responsible for maintaining the project tracks.

 

History Note: Authority G.S. 136-44.36; 143B-350(f) and (g);

Eff. April 30, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

 

19A NCAC 06B .0416 REPORTING REQUIREMENTS

The grant recipient shall report to the Department as follows:

(1) After each of the first two years following completion, the grant recipient shall provide information verifying the industry's employment as indicated in the project application and industry certification;

(2) For the first five years following project completion, the grant recipient shall provide verification of the industry's rail use as indicated in the project application and industry certification.

 

History Note: Authority G.S. 136-44.36; 143B-350(f) and (g);

Eff. April 30, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

 

19A NCAC 06B .0417 REPAYMENT

(a) If within five years the project tracks are abandoned, relocated, or sold without the consent of the Department, the track owner shall repay the Department the state's contribution to the cost of construction and materials.

(b) The Grantee may also be required to repay the Department if:

(1) During the first five years rail use falls below the goal levels specified in the industry certification;

(2) Job goals (as specified in the industry certification) for the first two years are not met.

 

History Note: Authority G.S. 136-44.36; 143B-350(f) and (g);

Eff. April 30, 1997;

Amended Eff. April 1, 1999;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

 

19A NCAC 06B .0418 GRANT AGREEMENT

(a) Upon grant approval by the Board of Transportation, the Grantee shall enter into a Grant Agreement with the Department of Transportation specifying the terms and conditions of the RIAP grant.

(b) The Grantee shall not be eligible for reimbursement until a Grant Agreement has been fully executed by both the Grantee and the Department.

 

History Note: Authority G.S. 136-44.36; 143B-350(f) and (g);

Eff. April 1, 1999;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

 

 

 

SUBCHAPTER 6C ‑ DIVISION OF AERONAUTICS

 

SECTION .0100 ‑ FACILITY DEVELOPMENT ‑ FINANCIAL ASSISTANCE PROGRAM: GENERAL PROVISIONS

 

19A NCAC 06C .0101 GENERAL

 

History Note: Authority G.S. 63‑65; 143B‑355;

Eff. July 1, 1978;

Amended Eff. March 1, 1982;

Repealed Eff. December 1, 1993.

 

19A NCAC 06C .0102 DEFINITIONS

19A NCAC 06C .0103 AERONAUTICS COUNCIL

19A NCAC 06C .0104 ACTIVITIES ELIGIBLE FOR STATE AID

19A NCAC 06C .0105 LIMITATIONS ON STATE FINANCIAL AID

19A NCAC 06C .0106 STATE FINANCIAL AID SHARE

 

History Note: Authority G.S. 113‑28.5; 113‑28.7; 113‑28.8(1); 113‑28.8(2); 113‑28.11; 143B‑10(j);

143B‑356; 14 C.F.R. 151.37;

Eff. July 1, 1978;

Repealed Eff. March 1, 1982.

 

19A NCAC 06C .0107 RETROACTIVE REIMBURSEMENT

In its discretion, the Department may grant state financial assistance for any construction commenced prior to the execution of a State Aid to Airports Grant Agreement, provided that concurrence is received from the Department prior to the start of construction. Retroactive reimbursement for land acquisition and planning will be eligible for a period of time consistent with policies and standards of the Federal Aviation Administration.

 

History Note: Authority G.S. 63‑66; 63‑68; 143B-348;

Eff. July 1, 1978;

Amended Eff. November 1, 1991.

 

19A NCAC 06C .0108 STATE FINANCIAL ASSISTANCE CONSTRUCTION STANDARDS

In order to qualify for state financial assistance, local governments or airport authorities currently operating or proposing to develop a publicly owned airport, seaplane port or heliport which will be open to the public without restriction shall meet criteria and standards of construction as specified by the Director of Aeronautics. Generally, this will coincide with the standards contained in the AC 150 Series of FAA Advisory Circulars, available from the United States Department of Transportation, Washington, D. C. and on file in the Division of Aeronautics. Sponsors may alternately meet the applicable construction standards contained in "Standard Specifications for Roads and Structures" available from the Division of Highways, Raleigh, and on file in the Division of Aeronautics. On a case by case basis, the Director of Aeronautics may require adherence to the FAA Advisory Circular Series, the North Carolina "Standard Specifications for Roads and Structures", or any other standards as he may prescribe.

 

History Note: Authority G.S. 63‑66; 143B‑348; 143B‑355;

Eff. July 1, 1978;

Amended Eff. December 1, 1993.

 

19A NCAC 06C .0109 PROJECT APPLICATION PROCEDURES

(a) Applications for State financial assistance shall be made as part of the Department's overall Transportation Improvement Program (TIP), which is the Department's annual program for expenditure of funds for all modes of transportation under the control of the Department. Deadlines for submission of applications, procedures, and forms shall be provided annually to local governments or airport authorities currently operating or proposing to develop a publicly owned airport, seaplane port or heliport which shall be open to the public without restriction. This information shall be furnished upon request to the Director of Aviation of the Department of Transportation.

(b) Applications for State Aid to Airports shall be made on the approved Request for Aid Form to the Director of Aeronautics. Applications shall contain:

(1) an executed state financial assistance Request for Aid Form,

(2) a current airport layout plan depicting the proposed project,

(3) a detailed cost estimate showing construction quantities and their costs, and

(4) a narrative statement outlining the facts about the project and giving the rationale for its need.

 

History Note: Authority G.S. 63‑66; 63‑70; 143B‑350(f),(g); 143B‑355;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; November 1, 1991.

 

19A NCAC 06C .0110 ENVIRONMENTAL ASSESSMENT

Under the provisions of the North Carolina Environmental Policy Act, each State Aid to Airports project shall be reviewed to determine if, and to what degree, assessment of the environmental impact of the project is required. The Director of Aeronautics shall determine if the project requires full environmental assessment and coordination. Should environmental assessment be necessary, the sponsor, which is the local government or airport authority currently operating or proposing to develop a publicly owned airport, seaplane port or heliport which shall be open to the public without restriction, shall prepare an assessment and circulate it to state agencies through the State Clearinghouse and to appropriate federal agencies through direct submission. The sponsor shall then answer all substantive questions and comments and receive the concurrence of the commenting agency that the responses are acceptable. Upon submission of the assessment and all comments, the Director of Aeronautics shall complete any further review and approvals needed. The Secretary of Transportation shall then determine if State funds may be expended on the project within the provisions of the North Carolina Environmental Policy Act.

 

History Note: Authority G.S. 63‑66; 63‑68; 113A‑4; 143B‑350(f),(g);

Eff. July 1, 1978;

Amended Eff. December 1, 1993; November 1, 1991.

 

19A NCAC 06C .0111 PROJECT APPROVAL PROCEDURES

Applications for state financial assistance will be presented to the Aeronautics Council at a regular meeting. After seeking the advice of the Division of Aeronautics professional staff, the Aeronautics Council will recommend approval, disapproval, or modification of project requests to the Secretary of Transportation. The Secretary of Transportation will make the final decision on approval, disapproval or modification of the request.

 

History Note: Authority G.S. 63‑66; 63‑70; 143B‑350(f),(g); 143B‑356;

Eff. July 1, 1978;

Amended Eff. March 1, 1982.

 

19A NCAC 06C .0112 ALLOWABLE PROJECT COSTS

Eligible items of work and state funds amounts shall be stipulated in the Grant Agreement mutually executed by the Department and the sponsor, which is the local governments or airport authorities currently operating or proposing to develop a publicly owned airport, seaplane port or heliport which shall be open to the public without restriction. Items eligible for state financial assistance are those eligible for assistance under the federal Airport Improvement Program. These items are contained in Federal Aviation Regulation Part 152 and Federal Aviation Administration Order 5100.38A, "Airport Improvement Program Handbook," which is incorporated by reference and includes subsequent editions and amendments. Allowable costs and project accounting requirements are contained in the Federal Procurement Regulations. These documents are available upon request to the Director of Aviation of the Department of Transportation at no cost. A Program Guidance Handbook is available upon request to the Director of Aviation of the Department of Transportation.

 

History Note: Authority G.S. 63‑66; 63‑67; 63‑68; 143B‑348;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; November 1, 1991; March 1, 1982.

 

19A NCAC 06C .0113 PLANS AND SPECIFICATIONS

19A NCAC 06C .0114 NOTICE TO PROCEED

19A NCAC 06C .0115 PAYMENT PROCEDURES

19A NCAC 06C .0116 PROJECT COMPLETION PROCEDURES

19A NCAC 06C .0117 PROJECT CLOSEOUT PROCEDURES

19A NCAC 06C .0118 PROJECT COST OVERRUNS AND UNDERRUNS

19A NCAC 06C .0119 FEDERAL AUDIT

19A NCAC 06C .0120 ACCEPTANCE: RECEIPT: ACCOUNTING AND EXPENDITURE OF FUNDS

19A NCAC 06C .0121 FEDERAL REIMBURSEMENT

19A NCAC 06C .0122 FEDERAL FUNDS REFUND

 

History Note: Authority G.S. 113‑28.6; 113‑28.8; 113‑28.10; 143B‑350(f),(g); 143‑355;

49 U.S.C. 1711(14);

Eff. July 1, 1978;

Repealed Eff. March 1, 1982.

 

19A NCAC 06C .0123 SPONSOR CERTIFICATION OF LOCAL MATCHING FUNDS

Allocations of State Aid to Airports funds shall be made only for current projects which can get underway without delay. Sponsors requesting funds shall have the local matching funds in their approved budget or be able to approve the funds on an immediate basis. Upon arrival of a State Aid to Airports allocation and its placement in the TIP, the sponsor shall have no less than 60 calendar days to certify the availability of the local share of funds for the project. Failure to certify funds availability on a timely basis may result in the cancellation of the allocation by the Department.

 

History Note: Authority G.S. 63‑66; 63‑68;

Eff. November 1, 1991;

Amended Eff. December 1, 1993.

 

19A NCAC 06C .0124 LIMITS ON USE OF ALLOCATED FUNDS

Allocation of state funds for a State Aid to Airports project is on the basis of a specific amount of funds for a specific work element. If all approved funds are not needed for the approved work element the excess funds shall be returned to the State Aid to Airports Program unobligated balance. Local governments or airport authorities currently operating or proposing to develop a publicly owned airport, seaplane port or heliport which shall be open to the public without restriction may not transfer current funds to other work elements unless the transfer has been reviewed and approved by the Department. Such approval shall be made only after application of the State Aid to Airports priority system and the project is of sufficiently high priority compared to other pending project requests.

 

History Note: Authority G.S. 63‑66; 63‑68;

Eff. November 1, 1991;

Amended Eff. December 1, 1993.

 

19A NCAC 06C .0125 TIME LIMITS ON CONSTRUCTION OF THE PROJECT

All projects receiving State Aid to Airports shall get underway and be completed without undue delay. The Grant Agreement for the project shall stipulate the completion time expected for the project. The Agreement shall provide at least one year from the time of the offer of the Grant Agreement to complete the project. The maximum time allowed shall be two years, unless the project involves complex procedures for which additional time is needed. Failure to complete the project within the stipulated time period may be cause for cancellation of the project.

 

History Note: Authority G.S. 63‑66; 63‑68;

Eff. November 1, 1991;

Amended Eff. December 1, 1993.

 

19A NCAC 06C .0126 REQUEST FOR EXTENSION OF TIME TO COMPLETE PROJECT

In the event a project is not completed within the stipulated time frame as contained in the Grant Agreement, no state funds will be granted for work completed after the completion date. On a case by case basis, the time for completion may be extended if extenuating circumstances prevent the sponsor, which for purposes of this Rule and all other rules in this Section, is the local government or airport authority currently operating or proposing to develop a publicly owned airport, seaplane port or heliport which shall be open to the public without restriction, from completion by the date specified. In order to extend the time for completion, the sponsor must submit a written request for time extension in the format specified by the Department explaining in detail the reason why the project was not completed by the specified completion date. In its discretion, the Department may approved the extension and specify a new completion date. Only under extraordinary circumstances will more than one time extension be granted on the same project.

 

History Note: Authority G.S. 63‑66; 63‑68;

Eff. November 1, 1991;

Amended Eff. December 1, 1993.

 

19A NCAC 06C .0127 SANCTIONS FOR NON‑PERFORMANCE ON STATE AID PROJECTS

In the event a sponsor is not responsive to requests to complete a project, provide financial documentation, has a pending required refund on another project, or otherwise is grossly deficient in the conduct of a project, the Department may withhold new grants or suspend existing grants until the project deficiency has been corrected.

 

History Note: Authority G.S. 63‑66; 63‑68;

Eff. November 1, 1991;

Amended Eff. December 1, 1993.

 

19A NCAC 06C .0128 STATE AID TO AIRPORTS PROGRAM GUIDANCE HANDBOOK

 

History Note: Authority G.S. 63‑66; 63‑68;

Eff. November 1, 1991;

Repealed Eff. December 1, 1993.

 

19A NCAC 06C .0129 DEPARTMENT TO ACT AS AGENT FOR FEDERAL GRANT PROGRAMS

The Department is authorized under the provisions of G.S. 63 to act as an agent for sponsors in their relations with the Federal Aviation Administration and other federal agencies. Sponsors which wish to have the Department act in their behalf shall submit a written proposal detailing the type of assistance desired and the proposed role of the Department in obtaining this assistance. The proposal shall be submitted to the Director of Aeronautics.

 

History Note: Authority G.S. 63‑66; 63‑71;

Eff. November 1, 1991;

Amended Eff. December 1, 1993.

 

19A NCAC 06C .0130 FEDERAL FLOW THROUGH FUNDING PROGRAMS

19A NCAC 06C .0131 STATE/FED PARTICIPATION RATES/FED FLOW THROUGH FUND PROGRAMS

19A NCAC 06C .0132 PROCUREMENT OF CONSULTANTS FOR ENGINEERING SERVICES

 

History Note: Authority G.S. 63‑66; 63‑71;

Eff. November 1, 1991;

Repealed Eff. December 1, 1993.

 

19A NCAC 06C .0133 PROHIBITION/CONTRACTORS REMOVED/DIV HWYS PRE‑QUALIFIED BIDDERS

 

History Note: Authority G.S. 63‑66;

Eff. November 1, 1991;

Amended Eff. December 1, 1993;

Expired Eff. November 1, 2015 pursuant to G.S. 150B-21.3A.

 

19A NCAC 06C .0134 HOSPITAL HELIPORTS

A hospital heliport will be eligible for State Aid to Airports provided it is made available to the general public for use without undue restriction. Hospital heliports which are restricted to medical helicopter operations will be considered to be private facilities and are not eligible for State Aid to Airports.

 

History Note: Authority G.S. 63‑66;

Eff. November 1, 1991.

 

SECTION .0200 ‑ AVIATION FACILITY DEVELOPMENT PROGRAM: CONTRACTUAL PROVISIONS

 

19A NCAC 06C .0201 TIME FRAME FOR INITIATING CONSTRUCTION

19A NCAC 06C .0202 FUNDS ACCOUNTING

19A NCAC 06C .0203 ACCESS TO RECORDS

19A NCAC 06C .0204 REIMBURSEMENT FOR OVEREXPENDING OF STATE FUNDS

19A NCAC 06C .0205 DELAYS IN CONSTRUCTION

19A NCAC 06C .0206 ELIGIBLE ITEMS

19A NCAC 06C .0207 ADHERING TO STATE AID POLICIES AND PROCEDURES

19A NCAC 06C .0208 PROTECTION OF AIRPORT APPROACHES

19A NCAC 06C .0209 PROTECTION OF SURROUNDING LAND USES

19A NCAC 06C .0210 REQUIREMENTS FOR EXECUTION

 

History Note: Authority G.S. 113‑28.6; 113‑28.10; 132‑6; 143B‑10(j); 143B‑350(f),(g); 14 C.F.R. 151.55; 14 C.F.R. 77.23; 14 C.F.R. 77.25; 49 U.S.C. 1718(4);

Eff. July 1, 1978;

Repealed Eff. March 1, 1982.

 

SECTION .0300 ‑ FACILITY DEVELOPMENT ‑ TECHNICAL ASSISTANCE PROGRAM

 

19A NCAC 06C .0301 PROMOTION OF AVIATION FACILITY SAFETY

The Department of Transportation, through the Division of Aeronautics shall promote development and improvement of air routes, airport facilities, seaplane bases, and heliports for the protection of the public and economics welfare of the State. Assistance is offered to all North Carolina airports, but priority is given to publicly‑owned airports and their safety programs. Technical assistance, advice, and non‑financial assistance are available for planning, design and review of any project relating to safe and efficient use of all airports and airway facilities. Specific airport planning and engineering remains the responsibility of the airport facility requesting assistance.

 

History Note: Authority G.S. 63‑66; 63‑70; 143B‑350(f),(g); 143B‑355;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; March 1, 1982.

 

19A NCAC 06C .0302 RECIPIENTS ELIGIBILITY STANDARDS

19A NCAC 06C .0303 PROJECT ELIGIBILITY STANDARDS

 

History Note: Authority G.S. 113‑28.6; 113‑28.10; 143B‑350(f),(g); 143B‑355;

Eff. July 1, 1978;

Repealed Eff. March 1, 1982.

 

19A NCAC 06C .0304 PROJECT APPLICATION AND APPROVAL PROCEDURES

Airport owners desiring technical assistance from the Division of Aeronautics shall apply in writing to the Director of Aeronautics. The inquiry shall explain the reason for the request and outline the type of assistance desired. The Director of Aeronautics will then determine if the request can be handled within the time limitations of other duties. If the request is approved, the Director of Aeronautics shall notify the airport owner and assign a member of the professional staff to coordinate the project.

 

History Note: Authority G.S. 63‑66; 63‑70; 143B‑350(f),(g); 143B‑355;

Eff. July 1, 1978;

Amended Eff. December 1, 1993.

 

19A NCAC 06C .0305 REPRESENTATION OF LOCAL AIRPORT SPONSORS

 

History Note: Authority G.S. 113‑28.8(2); 143B‑350(f),(g); 143B‑355; 14 C.F.R. 151.33;

Eff. July 1, 1978;

Repealed Eff. March 1, 1982.

 

SECTION .0400 ‑ FACILITY DEVELOPMENT ‑ EMERGENCY STATE AVIATION AID PROGRAM

 

19A NCAC 06C .0401 CORRECTION OF AVIATION SAFETY HAZARDS

Pursuant to G.S. 63‑68, the Department is authorized to provide funding and services to publicly‑owned airports for various activities and safety purposes. Application for the assistance provided under this statute shall be made to the Division of Aeronautics on an application form approved by the director.

 

History Note: Authority G.S. 63‑68; 143B‑350(f),(g); 143B‑355;

Eff. July 1, 1978;

Amended Eff. March 1, 1982.

 

19A NCAC 06C .0402 PROJECT ELIGIBILITY

 

History Note: Authority G.S. 113‑28.8(2); 113‑28.10; 143B‑350(f),(g);

Eff. July 1, 1978;

Repealed Eff. March 1, 1982.

 

19A NCAC 06C .0403 PROJECT APPLICATION AND APPROVAL

Airport sponsors desiring projects related to the emergency pavement marking, air marking, safety deficiency correction, or air navigation aid shall apply in writing to the Director of Aeronautics. The application shall identify the airport or airports to be served, describe the proposed project, and, in the case of air navigational aids, explain the relevance of the proposed installation to surrounding airports. The Director of Aeronautics shall determine if the project is within the scope of the aviation aid programs and, should the project be approved, shall schedule action on the project in relation to its priority among all such requests. In each case, enhancement of flight safety shall be the primary determination of project priority.

 

History Note: Authority G.S. 63‑66; 63‑68; 63‑70; 143B‑350(f),(g); 143B‑355;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; March 1, 1982.

 

19A NCAC 06C .0404 PAVEMENT MARKING PROGRAM

19A NCAC 06C .0405 AIR MARKING PROGRAM

19A NCAC 06C .0406 SAFETY DEFICIENCY CORRECTION PROGRAM

19A NCAC 06C .0407 AIR NAVIGATIONAL AIDS

 

History Note: Authority G.S. 113‑28.6; 113‑28.8; 113‑28.10; 143B‑350(f),(g); 143B‑355;

Eff. July 1, 1978;

Repealed Eff. March 1, 1982.

 

19A NCAC 06C .0408 SPONSOR'S RESPONSIBILITIES

The sponsor shall assure that property upon which Emergency State Aviation Aid Program funds, which are funds expended entirely by the Department of Transportation without local participation for work done by personnel and equipment of the Department, are expended is owned, leased, or otherwise controlled by the sponsor. In the case of projects which require action to be taken on or near airport property lines, such as obstruction clearing, it shall be the responsibility of the sponsor to mark the airport boundaries clearly and to clearly mark the boundaries of the area to be affected by the project. The sponsor shall take special precaution to insure that no activities are carried out beyond the official airport boundaries.

 

History Note: Authority G.S. 63‑65; 63‑66; 63‑68; 63‑70;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; March 1, 1982.

 

19A NCAC 06C .0409 FORMAL AGREEMENT

 

History Note: Authority G.S. 63‑65; 63‑66; 63‑68;

Eff. July 1, 1978;

Repealed Eff. December 1, 1993.

 

SECTION .0500 ‑ AIR TRANSPORTATION DEVELOPMENT PROGRAM

 

19A NCAC 06C .0501 AIR COMMERCE PROMOTION

 

History Note: Authority G.S. 63‑65; 63‑66; 143B‑350(f),(g); 143B‑355;

Eff. July 1, 1978;

Repealed Eff. December 1, 1993.

 

19A NCAC 06C .0502 RECIPIENTS ELIGIBILITY STANDARDS

The Department of Transportation may offer advice and non‑financial assistance under the Air Transportation Development Program to any governmental unit, individual, or corporate entity doing business in North Carolina.

 

History Note: Authority G.S. 63‑66;

Eff. July 1, 1978;

Amended Eff. December 1, 1993.

 

19A NCAC 06C .0503 PROJECT ELIGIBILITY STANDARDS

Assistance under the Air Transportation Development Program is limited to technical assistance for those persons and organizations desiring to establish or improve air transportation services offered to North Carolina. Such assistance includes socio‑economic guidance to determine demand for air transportation services, assistance in developing service levels and operating procedures, and overview of operations to insure adequacy and efficiency of service. This assistance is offered to Civil Aeronautics Board certificated air carriers, commuter airlines and non‑scheduled air services.

 

History Note: Authority G.S. 63‑65; 63‑66; 63‑70; 143B‑350(f),(g);

Eff. July 1, 1978;

Amended Eff. December 1, 1993; March 1, 1982.

 

19A NCAC 06C .0504 ASSISTANCE GUIDELINES: CERTIFICATED AIR CARRIER

19A NCAC 06C .0505 ASSISTANCE GUIDELINES: COMMUTER AIRLINES

19A NCAC 06C .0506 ASSISTANCE GUIDELINES: NON‑SCHEDULED SERVICE

 

History Note: Authority G.S. 113‑28.5; 113‑28.6; 143B‑350(f),(g); 143B‑355;

Eff. July 1, 1978;

Repealed Eff. March 1, 1982.

 

19A NCAC 06C .0507 PARTICIPATION IN REGULATORY HEARINGS

 

History Note: Authority G.S. 63‑65; 63‑66; 143B‑350(f),(g); 143B‑355;

Eff. July 1, 1978;

Repealed Eff. December 1, 1993.

 

SECTION .0600 ‑ AIR SAFETY PROGRAM

 

19A NCAC 06C .0601 AIR SAFETY AND EDUCATION PROMOTION

 

History Note: Authority G.S. 63‑65; 63‑66; 143B‑350(f),(g); 143B‑355;

Eff. July 1, 1978;

Amended Eff. March 1, 1982;

Repealed Eff. December 1, 1993.

 

19A NCAC 06C .0602 RECIPIENT'S ELIGIBILITY

19A NCAC 06C .0603 SEMINARS

19A NCAC 06C .0604 AEROSPACE EDUCATION

19A NCAC 06C .0605 SAFETY PUBLICATIONS

19A NCAC 06C .0606 AIRPORT SAFETY

19A NCAC 06C .0607 SPECIAL PROJECTS

 

History Note: Authority G.S. 113‑28.5; 113‑28.6; 143B‑350(f),(g); 143B‑355;

Eff. July 1, 1978;

Repealed Eff. March 1, 1982.

 

SECTION .0700 ‑ STATE AIRPORTS

 

19A NCAC 06C .0701 AUTHORITY TO OPERATE AND EXPEND FUNDS FOR STATE AIRPORTS

19A NCAC 06C .0702 RULES OF OPERATION OF STATE CONTROLLED AIRPORTS

 

History Note: Authority G.S. 113‑28.12; 143B‑350(f),(g); 143B‑355;

Eff. July 1, 1978;

Repealed Eff. March 1, 1982.

 

19A NCAC 06C .0703 TRESPASS ON STATE AIRPORTS

No person shall enter upon the runway(s), taxiway(s), aircraft parking apron(s), building(s), or adjacent areas of Billy Mitchell Airport at Hatteras and Ocracoke Island Airport at Ocracoke which are owned or operated by the Department of Transportation unless that person is a pilot, aircraft owner, passenger, or other person who has business on the airport directly related to the provision of air transportation services.

 

History Note: Authority G.S. 63‑72; 143B‑350(f),(g);

Eff. November 1, 1991;

Amended Eff. December 1, 1993.

 

19A NCAC 06C .0704 PROHIBITION AGAINST GROUND VEHICLES ON STATE AIRPORTS

No person shall operate a ground vehicle on the runway(s), taxiway(s), aircraft parking apron(s), or adjacent areas of Billy Mitchell Airport at Hatteras and Ocracoke Island Airport at Ocracoke which are owned or operated by the Department of Transportation unless prior permission has been obtained from the Director of Aeronautics.

 

History Note: Authority G.S. 63‑72; 143B‑350(f),(g);

Eff. November 1, 1991;

Amended Eff. December 1, 1993.

 

19A NCAC 06C .0705 CLOSURE OF STATE AIRPORTS DURING HOURS OF DARKNESS

The Billy Mitchell Airport at Frisco, NC and the Ocracoke Island Airport at Ocracoke, NC are closed to all flight operations between a time beginning 30 minutes after civil sunset and extending to a time ending 30 minutes prior to civil sunrise.

 

History Note: Authority G.S. 63‑72;

Eff. November 1, 1991.

 

19A NCAC 06C .0706 COMMERCIAL FLIGHT OPERATIONS PROHIBITED WITHOUT APPROVAL

No person shall base or otherwise conduct commercial aeronautical activities from a state airport without the permission of the Director of Aeronautics. With regard to the Billy Mitchell Airport at Frisco, NC and the Ocracoke Island Airport at Ocracoke, NC, any such commercial operations shall also require the approval of the National Park Service operating through the Cape Hatteras Management Group in Manteo, NC.

 

History Note: Authority G.S. 63‑72;

Eff. November 1, 1991.

 

SECTION .0800 ‑ RULEMAKING

 

19A NCAC 06C .0801 RULEMAKING HEARINGS

19A NCAC 06C .0802 HEARING OFFICER

 

History Note: Authority G.S. 113‑28.10; 143B‑350(f); 143B‑346; 150A‑12;

Eff. July 1, 1978;

Repealed Eff. February 1, 1981.

 

 

 

SUBCHAPTER 6D ‑ BICYCLE AND BIKEWAY PROGRAM

 

SECTION .0100 ‑ ORGANIZATION

 

19A NCAC 06D .0101 PROGRAM DEVELOPMENT

19A NCAC 06D .0102 PLANNING ASSISTANCE

19A NCAC 06D .0103 BICYCLE COORDINATOR

19A NCAC 06D .0104 NORTH CAROLINA BICYCLE ADVISORY COMMITTEE

19A NCAC 06D .0105 RECORDS OF THE BICYCLE ADVISORY COMMITTEE

 

History Note: Authority G.S. 132‑8.1; 136‑71.9; 136‑71.10; 136‑71.13; 143B‑10(c),(f),(j);

Eff. July 1, 1978;

Repealed Eff. December 1, 1993.

 

SECTION .0200 ‑ BOARD POLICY RELATING TO BIKEWAYS

 

19A NCAC 06D .0201 GENERAL POLICY DEFINED

 

History Note: Authority G.S. 136‑71.8; 136‑71.10; 136‑71.11; 143B‑350(f);

Board of Transportation Minutes for November 10, 1978;

Eff. January 1, 1979;

Repealed Eff. December 1, 1993.

 

19A NCAC 06D .0202 PLANNING FOR BICYCLES AND BIKEWAYS

 

History Note: Authority G.S. 136‑71.10; 136‑71.11; 143B‑350(f);

Board of Transportation Minutes for November 10, 1978;

Eff. January 1, 1979;

Amended Eff. December 1, 1993;

Expired Eff. November 1, 2015 pursuant to G.S. 150B-21.3A.

 

19A NCAC 06D .0203 DESIGNING FOR BICYCLES AND BIKEWAYS

Bicycle transportation facilities shall be designed in conjunction with state and federal highway projects, consistent with the following guidelines:

(1) New bridges, grade separated interchanges, tunnels, and viaducts are to be designed to give safe access to bicycles.

(2) All improvements to bridges, grade separated interchanges, tunnels, and viaducts are to be designed to give safe access to bicycles where feasible.

(3) Secondary bicycle facilities shall be designed to be within highway rights‑of‑way.

(4) Paved shoulders shall be designed in a manner which will accommodate bicycle traffic.

 

History Note: Authority G.S. 136‑71.10; 136‑71.11; 143B‑350(f);

Board of Transportation Minutes for November 10, 1978;

Eff. January 1, 1979;

Amended Eff. December 1, 1993.

 

19A NCAC 06D .0204 CONSTRUCTION OF BICYCLE FACILITIES AND BIKEWAYS

19A NCAC 06D .0205 MAINTENANCE OF BICYCLE FACILITIES AND BIKEWAYS

19A NCAC 06D .0206 FUNDING FOR BICYCLE FACILITIES AND BIKEWAYS

 

History Note: Authority G.S. 136‑71.10; 136‑71.11; 136‑71.12; 143B‑350(f);

Board of Transportation Minutes for November 10, 1978;

Eff. January 1, 1979;

Amended Eff. December 1, 1993;

Expired Eff. November 1, 2015 pursuant to G.S. 150B-21.3A.