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Friday, November 13, 2009
Feds: I-40 Closure Violated Rules
By Colleen Heild / Journal Investigative Reporter
The three-hour closure of Interstate 40 for a movie shoot last month has landed the state Department of Transportation in hot water with the feds.
At the insistence of the Federal Highway Administration, the state DOT is now developing policies and procedures for future nonemergency closures of the interstate.
"Until the NMDOT has policy and procedures regarding non-emergency closures ... that have been approved by the FHWA, the Department is in violation of federal regulations," Pamela M. Kordenbrock of the FHWA in New Mexico wrote in a Nov. 9 e-mail to state transportation officials.
Kordenbrock has been pressing the state for a meeting on the issue since the Journal published a report about the Oct. 24-25 closure, according to e-mails obtained Thursday from the NMDOT.
The Journal reported on Oct. 28 that filming of the comedy "Due Date" shut down the interstate from the Paseo del Volcan exit to the 98th Street exit for several hours, leading to a 10-mile-long traffic jam involving truckers, travelers and about 800 people coming into the city from a boxing match at Acoma's Sky City Casino.
Filming ended early after the movie crew realized the massive traffic mess.
Kordenbrock wrote that without federal approval of new policies, "the NMDOT accepts the liability for any issues, problems or costs that occur during a non-emergency closing."
"This is an important issue and we don't want to see it drag on indefinitely," she added.
NMDOT officials agreed to meet Tuesday.
The e-mails followed an Oct. 30 letter from FHWA division administrator J. Don Martinez to state Transportation Secretary Gary Girón.
"This letter is to express our concern and displeasure at the approval process, traffic control and State oversight for the recent closure," Martinez wrote.
Promotion of the film industry is an important economic benefit to New Mexico, but must be weighed against the safety risks "and the economic loss of an extended disruption to commercial and automobile traffic on a major east-west highway of national significance," his letter stated.
He cited a federal "guidance" that says "proposals to use Interstate Highways for special events which will disrupt the flow of traffic or endanger the safety of the public should be vigorously discouraged."
He chided the NMDOT for not having a satisfactory traffic control plan in place before the closure and not giving the public advance notice.
Moreover, relying on frontage roads for any significant period of time is "operationally unsatisfactory," Martinez added.
He also had concerns about the "oversight and supervision of this closure."
"If the film production crew had not decided to discontinue their activities, would the State have allowed an indefinite backup in traffic?" Martinez asked.
The Journal on Nov. 2 asked NMDOT for copies of any communication on the closure issue from federal highway officials and was told state transportation officials hadn't received anything.
On Thursday, the NMDOT said it had received the letter and provided the Journal with a copy.
In the interim, at least two other movie shoots occurred that involved the closure of interstates in Bernalillo County or the surrounding area.
Department spokesman Mark Slimp said Thursday the agency is "taking a look at all our policies and procedures with an eye toward becoming more efficient."
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