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63 flooding of their adjacent property. The Tenth Circuit held that the ICCTA did not expressly preempt their state tort claims, but on remand the district court would have to determine whether allowing a remedy for the injury would interfere with railroad transportation.278 5. Claim for Gas and Smoke Caused by a Railroad Tunnel 407 In Richards v. Washington Terminal Company,279 arising out of a railroad companyâs construction of a tunnel and tracks near but not adjoining the plaintiffâs home, the Supreme Court held that gas and smoke directed toward and into the plaintiffâs house constituted a private nuisance for which the landowner could recover damages. XVI. DEMONSTRATION PROJECTS OR PROGRAMS 409 A. Introduction 409 FRA currently is sponsoring the Confidential Close Call Reporting System (C3RS) Demonstration Project to improve railroad safety by allowing railroad companies to report close calls without being penalized by FRA. The statutes summarized in Sections B and C authorize the Secretary of Transportation to create demonstration projects to improve railroad safety. The articles discussed in Section D focus on the C3RSâs benefits and challenges. Statutes and Regulations 410 B. Section 163 of the Federal-Aid Highway Act of 1973 410 The Federal-Aid Highway Act of 1973 authorized the Secretary of Transportation to implement demonstration projects to improve safety at railroadâhighway grade crossings.280 C. Grade Crossings and Railroad Rights-of-Way 410 The Secretary of Transportation is required to establish demonstration projects to determine whether train accidents would be reduced by using reflective markers and stop or yield signs at railroad grade crossings and speed bumps or rumble strips prior to a crossing.281 278 Id. at 1128, 1130. 279 233 U.S. 546, 551â52, 34 S. Ct. 654, 58 L. Ed. 1088 (1914). 280 Federal Aid Highway Act of 1973, Pub. L. No. 93-87, §§ 163 and 230, 87 Stat. 250 (1973). See 23 U.S.C. § 130 (2014); § 230 repealed by Federal Aid Highway Act of 1976, Pub. L. No. 94-280, § 135(c), 90 Stat. 442. 281 49 U.S.C. § 20134(c) (2014).