Two Rail Runner Express tunnels completed under Interstate 25 and an overpass under way in La Cienega are not as tall as state rules require.

But state officials say there will be no need to rebuild the tunnels — technically called box culverts — or the overpass because they are within the federal standards for passenger trains.

The state standards were written in the 1950s for freight trains that use double-decked cars — and shouldn't apply to the Rail Runner track, which will carry only passenger trains, the officials say.

The state Public Regulation Commission on Tuesday tabled a state Department of Transportation request for a variance from the state standards so the staffs of the two state agencies can work out jurisdictional issues.

DOT and PRC officials said later that they don't believe a variance is needed because the PRC, which regulates private transportation firms, doesn't have jurisdiction over the state-run railroad.

"It's not a safety problem; it's a jurisdictional issue," DOT Secretary Rhonda Faught said after the meeting. "That's what we're working on now. As you know, we're new in this business, the rail business ... and that's what we're trying to hash out: — who has jurisdiction over heights and so forth."

PRC Chief of Staff Danny Mayfield, who met with Faught, said more meetings are needed to resolve the jurisdiction.

PRC Vice Chairman Sandy Jones, who did not attend the meeting, said the commissioners may need to vote on whatever the staffs of the two agencies work out.

"Let's say there's an accident. We've already had a couple of accidents," Jones said. "We want to make sure that the people investigating the accidents are the people who are supposed to be investigating the accidents. ...

"The federal government has identified the PRC as the safety investigators for passenger railroads in New Mexico. Does that apply to state-owned railroads or not? We want to clear this up. Those are issues that are going to be dealt with over the next 20 years or 30 years or longer so we want to clear up those confusions now."

Jones, who used to run a road- and railroad-building firm in Williamsburg, N.M., near Truth or Consequences, said state standards call for bridges and culverts to have clearances of at least 22 1/2 feet, while American Railway Engineering and Maintenance-of-Way Association standards require only 19 1/2 feet for passenger trains. Some passenger trains pass through tunnels only 6 inches taller than the train, he said.

The DOT first asked for the variance for smaller tunnel clearances last fall, then withdrew the request. Faught said that request was withdrawn because the DOT's legal staff found no PRC jurisdiction necessary. She said she isn't sure why the issue was put on the PRC's agenda again this week.

"The people who work for us doing the construction are used to working for these private rail companies," she said. "They said we needed to apply for a variance so we put in an application for a variance, and then we started looking at the jurisdictional issues after the fact."

Asked who is responsible for building the tunnels and overpass before getting a variance from the PRC, Faught didn't answer, but Jones joked the mistake occurred because state officials had "a lot of balls in the air" with the Rail Runner.

"We just wanted to clear this up so we avoid any confusion going forward," he added. "Like I said, there's a lot of balls in place. There's a lot of issues to building a railroad track, and these guys (DOT) are breaking new ground, so to speak."

One of the tunnels or box culverts is directly south of Santa Fe, where the track passes under the southbound lanes of I-25 and parallels St. Francis Drive into town. The other is where the track passes under I-25's northbound lanes near the rest stop at the crest of La Bajada. The La Cienega overpass, which is being rebuilt, will allow vehicular traffic to pass over I-25.

Contact Tom Sharpe at 986-3080 or tsharpe@sfnewmexican.com.