FRA Proposes Higher Fines for Violations of Federal Rail Safety Regulations
The civil penalty guideline amounts assessed against railroads for violating numerous federal rail safety regulations would be substantially increased under a proposal announced by Federal Railroad Administrator Joseph H. Boardman. “Higher fines across all categories of federal regulations will encourage railroads to focus on safety compliance and improve the rail industry’s overall performance,” Boardman stated, noting that the proposed statements of agency policy would double the current amounts for most violations. Boardman explained that FRA evaluated each of the more than 2,000 provisions of the federal rail safety regulations using a five-point severity scale. The measure takes into consideration the likelihood that a rail accident will occur as a result of failing to comply with a particular section of the regulations. At the low end of the scale, the guideline penalty amount would be $1,500. At the high end of the scale where a violation is extremely likely to result in an accident or incident, the guideline penalty amount would be $8,500. Willful violations would range from $2,500 to $11,000. The current statutory maximum of $27,000 for grossly negligent violations or for patterns of repeated violations that have caused an imminent hazard of death or injury, or have caused death or injury to individuals, would remain unchanged.

FHWA Issues Interim Guidance For CMAQ Under SAFETEA-LU

Interim guidance on implementation of the Congestion Mitigation and Air Quality (CMAQ) Improvement program was posted on the Federal Highway Administration Web site Nov. 9.  The guidance, which replaces the previous version issued in April 1999, provides information related to implementation of the program, which was reauthorized under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The CMAQ program provides funding for transportation projects or programs that will contribute to attainment or maintenance of the national ambient air quality standards for ozone, carbon monoxide, and particulate matter. SAFETEA-LU authorized more than $8.6 billion over the five-year program (2005-2009), with annual authorization amounts increasing each year. "The CMAQ program supports two important goals of the Department of Transportation: improving air quality and relieving congestion. While these goals are not new elements of the program, they are strengthened in a new provision added to the CMAQ statute by SAFETEA-LU, establishing priority consideration for cost-effective emission reduction and congestion mitigation activities when using CMAQ funding," the interim guidance said. Copies of this guidance are available online at the FHWA website at: http://www.fhwa.dot.gov/environment/cmaqpgs/index.htm

DHS Announces $445 Million in Grants For Transit, Port, Other Security Efforts

The Department of Homeland Security released fiscal year 2007 grant guidance and application kits Jan. 9 for five grant programs that will total about $445 million--including $178 million for transit security--in funding for state, local, and private industry infrastructure protection initiatives. The five programs comprise the Infrastructure Protection Program (IPP), which has provided more than $1.5 billion in grants to strengthen security at critical facilities ranging from chemical plants to mass transit systems and seaports, according to DHS. "We're investing resources where risk is greatest and where the funds will have the most significant impact," said Homeland Security Secretary Michael Chertoff. IPP funding totals have increased by $46 million over last year. Specific totals include: Transit Security Grant Program - $171.8 million; Port Security Grant Program - $201.2 million; Buffer Zone Protection Program - $48.5 million; Intercity Bus Security Grant Program -  $11.6 million; and Trucking Security Grant Program: $11.6 million.

NCSL Tracks Countdown to REAL ID as Deadline Approaches

As the May 11, 2008 implementation deadline of the REAL ID Act approaches, states are facing an uncertain future. The U.S. Department of Homeland Security (DHS) has yet to release regulations and Congress has appropriated only $40 million to assist states with the implementation. Without adequate assistance from the federal government and regulations to guide state efforts to implement the REAL ID Act, states are unable to comply with this mandate.  More information on REAL ID and up to date tracking can be found on NCSL’s website at http://www.ncsl.org/realid/.