[Congressional Record Volume 154, Number 9 (Tuesday, January 22, 2008)]
[House]
[Pages H365-H367]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ESTABLISHING NATIONAL TUNNEL INSPECTION STANDARDS
Mr. DeFAZIO. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 409) to amend title 23, United States Code, to inspect
highway tunnels, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 409
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. NATIONAL TUNNEL INSPECTION PROGRAM.
(a) In General.--Title 23, United States Code, is amended
by inserting after section 149 the following:
``Sec. 150. National tunnel inspection program
``(a) National Tunnel Inspection Standards.--The Secretary,
in consultation with State transportation departments and
interested and knowledgeable private organizations and
individuals, shall establish national tunnel inspection
standards for the proper safety inspection and evaluation of
all highway tunnels. The standards established under this
subsection shall be designed to ensure uniformity among the
States in the conduct of such inspections and evaluations.
``(b) Minimum Requirements for Inspection Standards.--The
standards established under subsection (a) shall, at a
minimum--
``(1) specify, in detail, the method by which highway
tunnel inspections shall be carried out by the States;
``(2) establish the maximum time period between the
inspections based on a risk-management approach;
``(3) establish the qualifications for those charged with
carrying out the inspections;
``(4) require each State to maintain and make available to
the Secretary upon request--
``(A) written reports on the results of the inspections
together with notations of any action taken pursuant to the
findings of the inspections; and
``(B) current inventory data for all highway tunnels
located in the State reflecting the findings of the most
recent highway tunnel inspections conducted;
``(5) establish procedures for national certification of
highway tunnel inspectors;
``(6) establish procedures for conducting annual compliance
reviews of State inspections and State implementation of
quality control and quality assurance procedures; and
``(7) establish standards for State tunnel management
systems to improve the tunnel inspection process and the
quality of data collected and reported by the States to the
Secretary for inclusion in the national tunnel inventory to
be established under this section.
``(c) Training and Certification Program for Tunnel
Inspectors.--The Secretary, in cooperation with State
transportation departments, shall establish a program
designed to ensure that all individuals carrying out highway
tunnel inspections receive appropriate training and
certification. Such program shall be revised from time to
time to take into account new and improved techniques.
``(d) National Tunnel Inventory.--The Secretary shall
establish a national inventory of highway tunnels reflecting
the findings of the most recent highway tunnel inspections
conducted by States under this section.
``(e) Availability of Funds.--To carry out this section,
the Secretary may use funds made available pursuant to the
provisions of sections 104(a) and 502.''.
(b) Surface Transportation Program.--Section 133(b)(1) of
such title is amended by inserting ``, tunnels that are
eligible for assistance under this title (including safety
inspection of such tunnels),'' after ``highways)''.
(c) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by inserting after the item relating to
section 149 the following:
``150. National tunnel inspection program.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Oregon (Mr. DeFazio) and the gentleman from Tennessee (Mr. Duncan) each
will control 20 minutes.
The Chair recognizes the gentleman from Oregon.
General Leave
Mr. DeFAZIO. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and to include extraneous material on H.R. 409.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Oregon?
There was no objection.
Mr. DeFAZIO. Madam Speaker, this legislation will fill a gap in the
national inspection regime and in public safety, one that was brought
to our attention by the gentleman from Massachusetts (Mr. Capuano).
Obviously, a failing infrastructure is very much on the minds of the
public, given the collapse in Minnesota this last year, but,
unfortunately, the Minnesota instance is not unique and it points to
the need for constant vigilance and inspection of the critical
infrastructure to avoid tragic accidents. And in this case, the
gentleman from Massachusetts has pointed out that we do not have a
regular regime of tunnel inspection, nor do we have standards which are
set nationally for tunnel safety and inspection, nor do we have
certified tunnel inspectors. All of that would be rectified by this
legislation, so I'm very supportive of the legislation.
Madam Speaker, I reserve the balance of my time.
Mr. DUNCAN. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I would like to voice my strong support for H.R. 409,
and I would also like to commend Chairman DeFazio and the gentleman
from Massachusetts (Mr. Capuano) for bringing this bill to the floor at
this time.
On August 2, the Transportation and Infrastructure Committee passed
an earlier version of this bill on a voice vote. I believe that the
entire committee agreed with the main objective of this bill, to ensure
that our Nation's highway tunnels are safe. But some members had
concerns about the new tunnel inspections directly competing with
ongoing bridge inspections. This substitute bill addresses these
concerns.
This bill requires the Federal Highway Administration to establish a
new national highway tunnel inspection program in consultation with
State DOTs and other knowledgeable organizations. The new tunnel
inspection program is modeled directly on the existing highway bridge
inspection program and addresses three major areas: One, it establishes
national highway tunnel inspection standards to ensure tunnel
inspection uniformity. Secondly, this establishes a national tunnel
inventory
[[Page H366]]
to publish the findings of all tunnel inspections. And thirdly, it
develops a national program for training and certification of highway
tunnel inspectors.
This bill will make tunnel inspection requirements consistent with
the current bridge inspection requirements. I think this is a concept
we can all agree on.
There are approximately 400 highway tunnels in the United States, and
we need to make sure that those tunnels are safe. But there are more
than 580,000 road and highway bridges in the United States, including
almost 55,000 interstate bridges. I'm pleased that instead of having
tunnel inspections compete directly with highway bridge inspections,
the substitute bill before us makes tunnel inspections eligible for
funding from other highway programs: the Surface Transportation
Program, the Federal Highway Administration administrative expenses, or
surface transportation research funds.
I hope that if this legislation secures Senate passage and becomes
law, we can further fine-tune the tunnel inspection funding source
issue so that the different tunnel inspection activities are funded
from the appropriate program.
Again, I voice my support for H.R. 409, and I urge its passage.
Madam Speaker, I reserve the balance of my time.
Mr. DeFAZIO. Madam Speaker, I yield such time as he may consume to
the gentleman from Massachusetts (Mr. Capuano).
Mr. CAPUANO. Madam Speaker, the substance of the bill has already
been outlined. I just want to rise to thank the chairman and ranking
member of the full committee, Mr. Oberstar and Mr. Mica, and the
chairman and ranking member of the subcommittee, Mr. DeFazio and Mr.
Duncan, for moving this forward; also thank the staff for working out a
few items that need to be worked out.
And I would also want to take a moment just to thank the National
Transportation Safety Board. This legislation was done in conjunction
with them. We had a tragedy in Boston that led me, no different than
any other American. I didn't come to Congress knowing that tunnels were
not inspected, and I have not met anyone, anyone who thinks that they
are not. And when they find out that they are not, it's one of those
deals where, well, why not? Of course you should. This legislation will
fix this. The National Transportation Safety Board took their duties
investigating a tragedy we had in Boston and went, I think, the extra
step, and I think the proper extra step, to call on us to pass
legislation just like this. I think it was the right thing to do, the
courageous thing to do. I think it's good for the country. And again, I
want to extend my thanks to those people that made this possible.
Mr. OBERSTAR. Madam Speaker, I rise in strong support of H.R. 409, to
amend title 23 of the United States Code, to ensure the safety of the
traveling public by establishing a national program to inspect highway
tunnels, modeled after the National Bridge Inspection Program.
I thank the gentleman from Massachusetts, Mr. Capuano, for
introducing this important piece of legislation that will address the
absence of comprehensive inspections standards for our Nation's highway
tunnels.
Madam Speaker, recent tragic events have highlighted the very real
crisis facing our Nation's transportation infrastructure. America's
transportation network is aging and increasingly in need of maintenance
or reconstruction. Many facilities are being stretched to the limit of
their design life and beyond.
The tragic collapse of the Interstate 35W bridge in my home State
illustrated the deteriorating conditions of our bridges and the need
for routine inspections. Similarly, another tragedy in Massachusetts
has shown that we must do the same for highway tunnels.
On Monday, 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. The driver escaped with
minor injuries.
The National Transportation Safety Board, NTSB, immediately launched
an investigation into the cause of the ceiling panel collapse.
On July 10, 2007, the NTSB issued its accident report, identifying
the failure of the epoxy adhesive used to attach the panels to the
anchors in the ceiling to sustain long-term loads as the probable cause
of the accident.
The NTSB report observed that had the Massachusetts Turnpike
Authority inspected the area above the suspended ceilings at regular
intervals, the anchor creep that led to this accident would likely have
been detected, and this tragedy could have been prevented.
The NTSB report also found that the Federal Highway Administration,
FHWA, lacked the regulatory authority to conduct tunnel inspections,
and recommended that the FHWA seek legislation authorizing the agency
to establish a mandatory tunnel inspection program similar to the
National Bridge Inspection Program.
H.R. 409 will fulfill the NTSB recommendation, and establish a
national program to inspect highway tunnels.
Under this legislation, the Secretary of Transportation, in
consultation with State departments of transportation, private
organizations and individuals, is required to establish national tunnel
inspection standards for safety inspections and evaluations of all
public highway tunnels.
This bill also establishes criteria for certification and training of
tunnel inspectors, and requires States to prepare and maintain an
inventory of public highway tunnels.
FHWA has already begun to develop a tunnel inspection regime modeled
after the bridge inspection program. This regime must account for the
inherent differences between bridges and tunnels. Working in
conjunction with the Federal Transit Administration, the agency has
published highway and rail transit tunnel inspection manuals.
FHWA has also begun the process of working with State departments of
transportation, highway tunnel owners, and other stakeholders to
develop National Tunnel Inspection Standards and establish minimum
training and qualification requirements for inspectors.
These are important steps, but the passage of this legislation will
ensure that FHWA has the resources necessary to develop and implement
comprehensive tunnel inspection standards and training.
I thank the gentleman from Florida, Ranking Member Mica, and his
staff for working with us to ensure that this legislation accomplished
its goal of increasing tunnel safety without inadvertently diverting
resources from bridge inspections.
Madam Speaker, while we cannot undo the damage caused by this
accident, we can, and we must, take the necessary actions to prevent
future tunnel collapses. H.R. 409 establishes a framework to address
the serious safety concerns raised by the NTSB, and ensures that
tragedies like that of July 10, 2006, will never occur again.
I urge my colleagues to join me in strongly supporting H.R. 409.
Mr. MARKEY. Madam Speaker, I rise in strong support of H.R. 409. This
legislation will require that tunnels are inspected with the same kind
of intensity and scrutiny as bridges in every community in the United
States.
In Massachusetts for years now we have been working on the Central
Artery/Tunnel Project, also known as the ``Big Dig'', a system of
tunnels that has made it much easier to get around in and outside of
Boston. In July of 2006 there was a tragic death in the Ted Williams
tunnel due to a collapse of a concrete panel in the ceiling. By adding
tunnels to all inspection legislation we will give states the vital
jurisdiction they need to look into important transportation
structures.
This bill will not require excessive funds or staffing. As of right
now it is estimated by the Department of Transportation that it will
cost less than $1 million and require 5 employees or less to run the
program. This is a small amount to ask for the safety it would provide
to all of our constituents across the U.S.
The legislation calls for standards that must be met for all of the
tunnel inspections and timelines for states to fix any reported
deficiencies. We have seen first hand in Minnesota this year what can
happen if a structurally deficient bridge is left unchecked. This bill
would help reduce the risk of more tragedies occurring as a result of
tunnels that have fallen into disrepair. In addition, the Federal
Highway Administration would be required to work with state
transportation departments to establish a certification and training
program for tunnel inspectors as well as keep an inventory of highway
tunnels.
I urge adoption of this important legislation.
Ms. TSONGAS. Madam Speaker, I rise today in strong support of H.R.
409, a bill that will go a long way toward making our highway
infrastructure safer. I want to give special thanks to my colleague
from Somerville, Congressman Capuano, for introducing this common-sense
bill.
H.R. 409 expands the National Bridge Inspection Program to include
the inspection of highway tunnels. Current law does not contain
national standards or requirements for inspecting tunnels. This bill
corrects that flaw. In doing so, I believe that lives will be saved.
It is, sadly, because of the loss of life that this bill came to be.
[[Page H367]]
On the evening of July 10, 2006, Milena Del Valle was killed
tragically as she and her husband traveled to Boston's Logan Airport,
utilizing the Ted Williams Tunnel. Milena was killed when sections of
the concrete ceiling collapsed.
A number of investigations were launched in the wake of this tragedy.
One, undertaken by the National Transportation Safety Board, cited
``inadequate regulatory requirements for tunnel inspections'' as a
major safety issue that merited correction.
This bill puts in place those needed requirements, mandatory tunnel
inspections, and creates a national list of tunnels, to complement
existing lists of bridges. I hope that swift action today in the House
will be followed by the Senate, so that any future tragedies like we
saw in Massachusetts can be averted, Again, I want to thank Congressman
Capuano, and am pleased to support this bill.
Mr. DUNCAN. Madam Speaker, I have no additional speakers, and I
simply will urge passage, and yield back the balance of my time.
Mr. DeFAZIO. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Oregon (Mr. DeFazio) that the House suspend the rules
and pass the bill, H.R. 409, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title was amended so as to read: ``A bill to amend title 23,
United States Code, to direct the Secretary of Transportation to
establish national tunnel inspection standards for the proper safety
inspection and evaluation of all highway tunnels, and for other
purposes.''.
A motion to reconsider was laid on the table.
____________________