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US DOT News Digest: FRA Issues Safety Advisory for Rail Yard Safety and Proposed Rules for Rail Relocation Grant Program

Contact: Steve Kulm
Telephone: 202-493-6024

Friday, January 19, 2007 (Washington, DC) DOT Cautions Consumers on Super Bowl Air Travel Ticket Scams. Air travelers going to Super Bowl XLI this year should be aware that not all tour packages include a ticket to the Feb. 4 game in Miami. U.S. Department of Transportation (DOT) consumer protection rules require any operator marketing a Super Bowl air package that is promoted as including game tickets to have the tickets in hand or have a written contract for the tickets before the operator does any advertising. The Department cautions travelers that if a game ticket is not specifically mentioned in newspaper advertisements or other solicitation material or listed as a tour feature, the ticket is probably not included. DOT’s rules state that if a tour was described as including a game ticket and you do not receive one, you are entitled to a full refund of the entire package price upon your return. People may file complaints about Super Bowl tours that advertise tickets but do not provide them by contacting the Aviation Consumer Protection Division by e-mail at airconsumer@dot.gov, by voice-mail at (202) 366-2220 or by TTY at (202) 366-0511. Contact Bill Mosley, (202) 366-4570.

FRA Issues Safety Advisory for Rail Yard Movements. As a result of a fatal December 14, 2006 rail yard switching accident in Manlius, New York, the Federal Railroad Administration (FRA) has issued a Safety Advisory recommending that railroads assess their existing rules addressing safety at yard grade crossings. The agency also urges railroads to review, or as necessary, amend their rules governing yard movements to clarify what actions employees must take under various circumstances to fully adhere to operating procedures. In the December accident, a worker backing a pickup truck over a yard grade crossing was struck by rail cars being moved by a remote control locomotive. The remote control operator did not maintain continuous supervision of the movement, resulting in a fatal accident instead of a minor incident. Compounding the incident was a radio communications failure involving other yard personnel who were attempting to notify the operator to stop the movement. FRA noted that, should railroads and employees fail to take these steps, it may take additional more stringent actions or corrective measures under its regulatory authority. Contact Steve Kulm: (202) 493-6024.

FRA Issues Proposed Guidelines for Rail Relocation and Improvement Grant Program. The Federal Railroad Administration (FRA) issued a Notice of Proposed Rulemaking detailing proposed qualifications and standards for capital grants under the rail line relocation and improvement program created in the SAFETEA-LU legislation. In order to be eligible for a grant, a project must mitigate the adverse effects of rail traffic on safety, motor vehicle traffic flow, community quality of life or involve a lateral or vertical relocation of any portion of the rail line. Under the FRA proposal, half of all grant funds are reserved for projects costing no more than $20 million each. A state or other eligible entity will be required to pay at least 10 percent of the shared costs of the project. Congress authorized $350 million per year for this program, but has not appropriated any funding. Public comment will be accepted until March 5, using docket number FRA 2005-23774. For more detailed information, the complete NPRM can be found at www.fra.dot.gov. Contact Steve Kulm: (202) 493-6024.

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