[DOCID: f:hr454.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-454
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TO AMEND TITLE 23, UNITED STATES CODE, TO INSPECT HIGHWAY TUNNELS
_______
November 15, 2007.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 409]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 409) to amend title 23, United
States Code, to inspect highway tunnels, having considered the
same, report favorably thereon without amendment and recommend
that the bill do pass.
Purpose of the Legislation
H.R. 409 amends section 151 and section 131(b) (1) of title
23, United States Code, to ensure the safety of highway tunnels
by expanding the National Bridge Inspection Program (``NBIP'')
to include a program to inspect highway tunnels.
Background and Need for Legislation
On July 10, 2006, at approximately 11 p.m., a section of
the suspended concrete ceiling above the eastbound lanes of the
Interstate 90 connector tunnel in Boston, Massachusetts, fell
onto a vehicle traveling to Logan International Airport. A
passenger, riding in the right front seat of the vehicle, was
killed, while the driver escaped with minor injuries.
A number of investigations, including one conducted by the
National Transportation Safety Board (``NTSB''), were launched
to examine the causes of the ceiling panel collapse. The NTSB
issued its accident report on July 10, 2007, identifying the
failure of the epoxy adhesive used to attach the panels to the
anchors in the ceiling to sustain long-term loads, technically
known as ``creep'', as the probable cause of the accident.
The NTSB report further made the observation that ``had the
Massachusetts Turnpike Authority [that operated the Central
Artery/Tunnel project of which the Interstate 90 connector
tunnel is a part], at regular intervals . . . inspected the
area above the suspended ceilings . . ., the anchor creep that
led to this accident would likely have been detected, and
action could have been taken that would have prevented this
accident.''\1\
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\1\National Transportation Safety Board 2007; Ceiling Collapse in
the Interstate 90 Connector Tunnel, Boston, Massachusetts, July 10,
2006; Highway Accident Report, NTSB/HAR-07/02.
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The NTSB identified, as part of its investigation,
``inadequate regulatory requirements for tunnel inspections''
as a safety issue requiring redress. The NTSB recommended that
the Federal Highway Administration (``FHWA''), ``seek
legislation authorizing the Federal Highway Administration to
establish a mandatory tunnel inspection program similar to the
National Bridge Inspection Program.''
The FHWA's NBIP was established under the Federal-Aid
Highway Act of 1968. The 1968 Act required the Secretary of
Transportation to establish national bridge inspection
standards (``NBIS'') designed to locate and evaluate existing
bridge deficiencies to ensure the safety of highway bridges.
The Act also required States to prepare and maintain an
inventory of Federal-Aid highway system bridges. Subsequent
Federal-Aid highway authorizations expanded the NBIS to cover
all publicly-owned bridges greater than 20 feet in length.
The NBIS also established inspection criteria and
procedures, as well as inspector training and qualification
requirements. Under the NBIS, States are required to conduct
routine inspections on each bridge at least once every 24
months. FHWA may extend the routine inspection interval for
certain bridges based on findings and analysis from previous
inspections. The inspection interval may not exceed 48 months.
Activities authorized under the NBIP are eligible to
receive funding through FHWA administrative funds, the Highway
Bridge Program, and the Surface Transportation Research
Program.
In addition to the physical structure, tunnels are made up
of a series of complex systems critical to operation and safety
of tunnels. These systems include: mechanical, electrical,
ventilation, firefighting, and other systems relating to
safety, lighting, and signage. Compared to bridges, tunnels
require very different skills, knowledge, and procedures to
inspect. In recognition of this fact, the FHWA, working in
conjunction with the Federal Transit Administration, has
published highway and rail transit tunnel inspection manuals.
The FHWA is also in the process of working with State
departments of transportation, highway tunnel owners, and other
stakeholders to develop National Tunnel Inspection Standards.
These standards will be similar to the National Bridge
Inspection Standards established under the NBIP, and will
attempt to standardize tunnel inspection processes and
requirements, as well as establish minimum training and
qualification requirements. Resources for these activities are
being funded through existing FHWA administrative and research
funds.
Summary of the Legislation
Section 1. Highway tunnel inspections
Section 1 expands the National Bridge Inspection Program to
include the inspection of highway tunnels. This section
requires the Secretary of Transportation, in consultation with
State departments of transportation and private organizations
and individuals, to establish national tunnel inspection
standards for safety inspections and evaluations of all highway
tunnels. This section also requires FHWA to establish criteria
for certification and training of tunnel inspectors, and
requires States to prepare and maintain an inventory of public
highway tunnels.
This section authorizes the Secretary to use funds made
available for the U.S. Department of Transportation's
administrative expenses and the Surface Transportation Research
Program to implement the highway tunnel inspection program. In
addition, the section makes tunnel inspection activities
eligible under the Surface Transportation Program.
Legislative History and Committee Consideration
On January 11, 2007, Representative Michael E. Capuano
introduced H.R. 409.
On August 2, 2007, the Committee on Transportation and
Infrastructure met in open session, and ordered the bill
reported favorably to the House by voice vote with a quorum
present.
Record Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each record vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. There
were no recorded votes taken in connection with ordering H.R.
409 reported. A motion to order H.R. 409 reported favorably to
the House was agreed to by voice vote with a quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included in the report.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
ensure the safety of highway tunnels by expanding the National
Bridge Inspection Program to inspect highway tunnels.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the enclosed cost estimate for H.R. 409
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 4, 2007.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 409, a bill to
amend title 23, United States Code, to inspect highway tunnels.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sarah Puro.
Sincerely,
Peter R. Orszag.
Enclosure.
H.R. 409--A bill to amend title 23, United States Code, to inspect
highway tunnels
H.R 409 would require the Department of Transportation
(DOT) to establish standards to inspect the safety of tunnels
on all roads nationwide and to implement training programs for
tunnel inspectors. Based on information from DOT, CBO estimates
that implementing the bill would cost less than $1 million a
year, subject to the availability of appropriations. Enacting
the legislation would not affect direct spending or revenues.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. Any
costs state, local, or tribal governments incur would result
from complying with conditions for receiving federal
assistance.
H.R 409 would require DOT to establish standards that would
be used to inspect the safety of tunnels on all roads
nationwide and to provide training programs for tunnel
inspectors. While there is some uncertainty about the number of
tunnels nationwide, DOT and other experts estimate that there
are more than 300 on the combination of the interstate system,
the national highway system, the public lands system, and the
systems operated by state and local governments. This program
would be similar to the current program in place to inspect
bridges, and state and local governments receiving federal
highway funds would primarily be responsible for inspecting
such tunnels.
Based on information from DOT that it would need fewer than
five additional employees to operate such a program, CBO
estimates that implementing the bill would cost less than $1
million a year.
The CBO staff contact for this estimate is Sarah Puro. This
estimate was approved by Theresa A. Gullo, Chief, State and
Local Government Cost Estimates Unit, Budget Analysis Division.
Compliance With House Rule XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, H.R. 409 does not contain any congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9(d), 9(e), or 9(f) of rule XXI of the Rules
of the House of Representatives.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 409 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 23, UNITED STATES CODE
* * * * * * *
CHAPTER 1--FEDERAL-AID HIGHWAYS
* * * * * * *
Sec. 133. Surface transportation program
(a) * * *
(b) Eligible Projects.--A State may obligate funds
apportioned to it under section 104(b)(3) for the surface
transportation program only for the following:
(1) Construction, reconstruction, rehabilitation,
resurfacing, restoration, and operational improvements
for highways (including Interstate highways), tunnels,
including safety inspection, and bridges (including
bridges on public roads of all functional
classifications), including any such construction or
reconstruction necessary to accommodate other
transportation modes, and including the seismic
retrofit and painting of and application of calcium
magnesium acetate, sodium acetate/formate, or other
environmentally acceptable, minimally corrosive anti-
icing and de-icing compositions on bridges and
approaches thereto and other elevated structures,
mitigation of damage to wildlife, habitat, and
ecosystems caused by a transportation project funded
under this title.
* * * * * * *
Sec. 151. National bridge and tunnel inspection program
(a) National Bridge and Tunnel Inspection Standards.--The
Secretary, in consultation with the State transportation
departments and interested and knowledgeable private
organizations and individuals, shall establish national bridge
and tunnel inspection standards for the proper safety
inspection and evaluation of all highway bridges and tunnels.
(b) Minimum Requirements of Inspection Standards.--The
standards established under subsection (a) shall, at a
minimum--
(1) * * *
* * * * * * *
(4) require each State to maintain and make available
to the Secretary upon request--
(A) written reports on the results of highway
bridge and tunnel inspections together with
notations of any action taken pursuant to the
findings of such inspections; and
(B) current inventory data for all highway
bridges and tunnels reflecting the findings of
the most recent highway bridge and tunnel
inspections conducted; and
(5) establish a procedure for national certification
of highway bridge and tunnel inspectors.
(c) Training Program for Bridge and Tunnel Inspectors.--The
Secretary, in cooperation with the State transportation
departments, shall establish a program designed to train
appropriate governmental employees to carry out highway bridge
and tunnel inspections. Such training program shall be revised
from time to time to take into account new and improved
techniques.
(d) Availability of Funds.--To carry out this section, the
Secretary may use funds made available pursuant to the
provisions of section 104(a), section 502, and section 144 [of
this title] for the bridge inspection program and section
104(a) and section 502 for the tunnel inspection program..
* * * * * * *
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