North Carolina Administrative Code

19A NCAC 05D .0404 STATUS OF NONEXPENDABLE EQUIPMENT History Note: Authority G.S. 136-18(5) and (12); 143B-357; 143B-360; Eff. July 1, 1978; Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982; Transferred and Recodified from 19A NCAC 3H .0400 Eff. January 1, 1999; E…

19A NCAC 05D .0503 STANDARD VAN AMBULANCE TYPE II SPECIFICATIONS History Note: Authority G.S. 143B-360; Eff. July 1, 1978; Repealed Eff. February 1, 1982; Transferred and Recodified from 19A NCAC 3H .0500 Eff. January 1, 1999.

19A NCAC 05D .0504 AMBULANCE VEHICLE INSPECTION History Note: Authority G.S. 143B-360; Eff. July 1, 1978; Amended Eff. February 1, 1982; Repealed Eff. November 1, 1991; Transferred and Recodified from 19A NCAC 3H .0500 Eff. January 1, 1999.

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 p…

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 subdivisio…

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 Tran…

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…

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 writin…

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…

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 politi…

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 …

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 otherwis…

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 lo…

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 fun…

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, N…

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:…

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. His…

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, 1…

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 Nort…

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. Hi…

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; 14…

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…

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 fi…

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 p…

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 s…

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 No…

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 appli…

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 als…

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 reimbur…

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 .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 History Note: Authority G.S. 63-66; 63-71; Eff. November 1, 1991; Amended Eff. December 1, 1993; Repealed Eff. January 1, 2018.

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 History Note: Authority G.S. 63-66; Eff. November 1, 1991; Repealed Eff. January 1, 2018.

SECTION .0300 - FACILITY DEVELOPMENT - TECHNICAL ASSISTANCE PROGRAM 19A NCAC 06C .0301 PROMOTION OF AVIATION FACILITY SAFETY 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; Repealed Eff. Januar…

19A NCAC 06C .0304 PROJECT APPLICATION AND APPROVAL PROCEDURES History Note: Authority G.S. 63-66; 63-70; 143B-350(f),(g); 143B-355; Eff. July 1, 1978; Amended Eff. December 1, 1993; Repealed Eff. January 1, 2018.

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 History Note: Authority G.S. 63-68; 143B-350(f),(g); 143B-355; Eff. July 1, 1978; Amended Eff. March 1, 1982; Repealed Eff. January 1, 2018.

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 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; Repealed Eff. January 1, 2018.

19A NCAC 06C .0408 SPONSOR'S RESPONSIBILITIES 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; Repealed Eff. January 1, 2018.

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 .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.

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…

19A NCAC 06D .0203 DESIGNING 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; Repealed Eff. February 1, 2018.