The Federal Role in Railroad Bridge Safety

The Federal Role in Railroad Bridge Safety

October 5, 2018
The Federal Role in Railroad Bridge Safety
Railroad bridges carry heavy and potentially dangerous
Prior to 1995, no federal policy specifically addressed the
loads over busy roadways and important waterways. Many
inspection or maintenance of railroad bridges, leaving
of these bridges are a century old or more. For example, the
railroads to decide how and when to inspect their bridges.
Metropolis and Sciotoville bridges over the Ohio River,
The Rail Safety Improvement Act of 1988 (P.L. 100-342)
owned and maintained by freight railroads BNSF and CSX,
directed FRA to issue regulations regarding the safety of
respectively, were built in 1917. Near Baltimore, CSX
maintenance-of-way employees working on bridges,
freight trains and MARC commuter trains use a stone arch
including the use of nets, handrails, and walkways, but it
bridge built in 1835. These bridges, built to conservative
did not address bridge inspections themselves.
standards in the age of heavy steam locomotives, have
proven to be durably engineered, and rail accidents
FRA undertook a survey of the nation’s railroad bridges
resulting from bridge failure have been rare.
starting in 1991, estimating that there were approximately
100,700 bridges in service. In its survey, FRA also assessed
Nevertheless, the presence of visibly aging infrastructure
the bridge management policies of 80 railroads, and
can be alarming to residents, especially in the aftermath of
observed inspections of more than 8,000 bridges (there
the rare incidents where bridges do fail. For example, on
were 597 railroads that reported safety data to FRA that
July 5, 2018, two 30-ton pieces of non-load-bearing
year). FRA released the results of its survey in 1995, when
concrete fell from the Onondaga Street Bridge, owned by
it issued its first interim statement of policy for the safety of
the New York, Susquehanna & Western Railway (NYSW),
railroad bridges (60 Federal Register 20654).
in Syracuse, NY; no one was hurt. In a separate incident in
2012, a Conrail train derailed and a tank car carrying
The interim statement of policy concluded that the
hazardous materials was punctured while crossing a
country’s largest railroads “are following a course of action
movable bridge in Paulsboro, NJ. While the bridge was
that corresponds with the public interest in prevention of
structurally sound, it was not fully locked in place, which
bridge failures.” Consequently, FRA opted to publish
went unnoticed during crew inspection. There were no
policy guidance, not regulations that would give the agency
fatalities or serious injuries, but hundreds of residents were
the authority to issue violations and collect fines, because
evacuated.
“the industry has no apparent systemic bridge safety
problem.”
As entities engaged in interstate commerce, railroads are
regulated by the federal government. However, unlike road
FRA found that there was greater variation in the
bridges, which are the responsibility of public entities,
effectiveness of bridge safety plans adopted by shortline
railroad bridges are the responsibility of the private railroad
railroads, small rail lines that have in many cases been spun
companies that own or operate them, including the
off from larger railroads as independent companies. (Class I
responsibility to maintain records of bridge inspections and
railroads are the largest operators, and regional railroads
repairs. Congress has acted in recent years to improve
form a middle tier between Class I railroads and shortlines.)
oversight of railroad bridge safety, but incidents such as the
Shortlines, whether independent or consolidated under a
ones noted above have prompted concerns about whether
holding company, control a comparatively small portion of
enough is being done to protect the public.
the rail system in the form of several hundred separate
lines, including the two most recent railroads to have
Background
bridges taken out of service by FRA emergency order.
Although NYSW—the railroad involved in the Syracuse
Growing Federal Role Since the 1990s
incident—is a regional railroad, the 1991 FRA survey
Aspects of railroad safety have been the subject of federal
found this tier more consistent with the larger railroads in
law and regulation since the 1890s. With the passage of the
the development and execution of bridge safety plans.
Federal Railroad Safety Act of 1970, the relatively new
Federal Railroad Administration (FRA) became responsible
Final guidance on bridge safety, issued in 2000 as
for all aspects of rail safety, including railroad operations
Appendix C to 49 C.F.R. Part 213, recommended that all
and the condition of track supports. Since that time, FRA
railroad bridge owners periodically inspect bridges using
has had the authority to inspect railroad facilities and to
competent inspectors, noting that the prevailing industry
remove from service any infrastructure that poses a safety
practice is to inspect bridges annually at a minimum.
hazard (49 U.S.C. 20104). This is rare; only two emergency
Railroads were also recommended to determine the
orders removing a bridge from service have been issued in
capacity of all railroad bridges in their systems, and to limit
the last 20 years.
operational loads to stay within that capacity; maintain
records of bridge design, construction, maintenance, and
inspection documents; and adhere to the design and rating
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The Federal Role in Railroad Bridge Safety
of bridges found in the American Railway Engineering and
Current Issues
Maintenance-of-Way Association (AREMA) Manual for
Railway Engineering.
Inconsistent Oversight of Smaller Railroads
In 2007, a Government Accountability Office (GAO) audit
In response to incidents involving trains that operated over
found variability in bridge safety programs among shortline
bridges with deficiencies, FRA issued a safety advisory
railroads, similar to what FRA’s own 1991 survey found,
clarifying its bridge policy in 2007. The advisory
but now also found variability among regional railroads.
recommended that railroads maintain an accurate inventory
Noting that this variability did not always seem to inform
of the bridges for which they are responsible (72 Federal
FRA’s selection of railroads for audit, GAO recommended
Register 51898).
the development of a risk-based methodology for auditing
bridge safety programs. A 2016 audit conducted by the
Guidance Becomes Law: RSIA and FAST
Department of Transportation Inspector General (OIG)
The 2007 safety advisory, and the collapse of the Interstate
found that this risk-based prioritization effort ended after
35W highway bridge in Minneapolis, MN, that same year,
the enactment of RSIA, and recommended that FRA issue
prompted Congress to include a provision in the Rail Safety
more detailed guidance to bridge specialists that defines
Improvement Act of 2008 (RSIA; P.L. 110-432, §417) that
how they should conduct and track their reviews. This
requires railroads to maintain bridge safety plans (also
recommendation and the five others arising from the audit
referred to as Bridge Management Programs), and to make
were closed by OIG by November 2016. Noting that the
those plans available to FRA for review. FRA had been
Syracuse bridge incident occurred after this audit, that the
conducting evaluations of railroad bridge safety plans since
bridge had been evaluated by NYSW to be safe, and that
the 1980s, before the 1995 interim statement of policy was
NYSW was in compliance with the FAST Act, some have
first issued, but they were not required until RSIA was
contended that additional transparency is needed in order to
implemented.
avoid similar incidents in the future.
The final rule implementing RSIA was published in 2010
Shortage of FRA Bridge Specialists and Data
and closely follows the structure of the FRA bridge policy
Enforcement of bridge safety law and regulation is often
statements, incorporating them into the Code of Federal
constrained by a lack of FRA bridge specialists, a position
Regulations (49 C.F.R, Part 237). The regulations require
which requires specific engineering expertise that other
railroad bridge owners to implement safety plans that
inspectors may lack. FRA employs several hundred safety
include at minimum annual inspections of bridges; conduct
inspectors but in 2016 eight were dedicated to bridges. At
special inspections if the weather or other conditions
that staffing level, FRA estimated it would take 8-10 years
warrant such inspections; maintain an inventory of all
to review all bridge safety plans. FRA has sought funding
bridges and know their safe load capacities; maintain design
to double its bridge specialist staff. As of August 2018,
documents and document all repairs, modifications, and
FRA had added one bridge specialist position for a total of
inspections of each bridge; ensure bridge engineers,
nine, three of which were vacant. Funds for additional
inspectors, and supervisors meet minimum qualifications;
bridge inspectors and $500,000 for the creation of a
make sure bridge inspections are conducted under the direct
nationwide bridge inventory similar to the FHWA’s
supervision of a designated railroad bridge inspector;
National Bridge Inventory have been requested by FRA but
conduct internal audits of bridge management programs and
not yet appropriated.
inspections; and retain all bridge safety documents for at
least two years, providing FRA access to those documents.
Availability of Federal Financial Assistance
Bridge projects are eligible for federal grants and loans,
In response to concerns raised over oil trains after the 2013
depending on their size and scope, but such assistance has
Lac-Mégantic, Quebec, derailment which killed 47,
been limited. Bridges on shortline, regional, or intercity
Congress further amended bridge safety laws by requiring
passenger railroads are eligible for funding from the
FRA to establish a means for state and local governments to
Consolidated Rail Infrastructure and Safety Improvements
obtain public versions of bridge inspection reports. To
(CRISI) program. They are also eligible for funding from
comply with the Fixing America’s Surface Transportation
the Better Utilizing Investments to Leverage Development
(FAST) Act of 2015 (P.L. 114-94), in 2016 FRA launched a
(BUILD) and Infrastructure for Rebuilding America
website where officials can submit request forms for bridge
(INFRA) programs, but must compete with highway,
inspection records. RSIA already required that FRA be
transit, and other projects. Furthermore, the Railroad
granted access to bridge safety records upon request. The
Rehabilitation and Infrastructure Finance (RRIF) loan
FAST Act provision aims to make this easier. Public
program guarantees up to $35 billion to finance railroad
versions of bridge inspection reports contain basic
infrastructure projects, with $7 billion set aside for shortline
information such as a bridge’s general condition and the
railroads. Direct loans can fund up to 100% of a project
date of its last inspection. Typically, railroads have
with repayment periods of up to 35 years and interest rates
preferred not to make public too many details about the
equal to the cost of borrowing to the government.
condition of their infrastructure or the volume of their
traffic, citing security concerns.
Shortline and regional railroads like NYSW have been
eligible to benefit from Section 45G of the Internal
Revenue Code of 1986, which entitles qualified railroads to
a tax credit equal to 50% of their track maintenance
expenses. This credit is not permanent, though it has been
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The Federal Role in Railroad Bridge Safety
extended several times in recent years. It most recently
Ben Goldman, Analyst in Transportation Policy
expired at the end of 2017.
IF10995

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