[House Report 110-454]
[From the U.S. Government Publishing Office]






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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