Federal train bridge reports include little information, Ohio senators pushing for more

CINCINNATI (WKRC) – Local 12 obtained federal train bridge inspection reports nearly a year after an initial investigation showed some Butler County train bridges were in poor or critical condition as rated by the county engineer.

The lack of detail and specifics in the reports made both of Ohio’s U.S. senators upset and asking for more information.

One local report from the county engineer about a bridge showed specific details on an 123-year-old structure located over Hamilton Mason Road in Liberty Township.

The report stated the substructure was in poor condition and decay caused debris to drop onto traffic passing underneath.

Compared with a federal report provided by owner Norfolk Southern and the Federal Railroad Administration (FRA), showed only the address of the bridge and if it met capacity requirements.

Unlike publicly owned highway bridges, train bridges are owned by private railroad companies.

U.S. Sen. Sherrod Brown, D-Ohio, obtained the records and provided them to Local 12.

"Norfolk Southern don't want to admit any wrongdoing," said Brown.

Brown pushed for detailed inspection reports of train bridges throughout Ohio for nearly a year.

That came following Local 12’s investigation highlighting the conditions of these bridges, especially in Butler County.

This week, he wrote a letter to Norfolk Southern's CEO.

"If the company is investing sufficiently in its Ohio bridges, then Norfolk Southern should have no objection to sharing actual bridge condition reports with concerned officials instead of offering heavily redacted summaries which ignore community concerns," said Brown.

A Norfolk Southern spokesman referred questions about what bridge information is available to the FRA.

An agency spokeswoman there wrote in a statement that a law called the FAST Act passed by congress in 2015, limits what information can be released for security or proprietary reasons and any changes need to come from Congress. Here are Local 12’s questions and her responses:

1. "As you can see in this letter, he was not happy with the amount of information presented. Is this all that the FRA requires be released?"

While we acknowledge and appreciate Senator Brown's dissatisfaction with the extent of information currently provided, it's important to emphasize that the Federal Railroad Administration (FRA) is bound by the congressional mandate set forth in the FAST Act regarding the public disclosure requirements for bridge inspection reports. As stipulated by the statute and related regulations, railroads are mandated to include specific information in the public version of their bridge inspection reports. This information encompasses details such as the date of the last inspection, bridge length, location, type of superstructure and substructure, features crossed by the bridge, railroad contact information, and a general statement on the bridge's condition. As such, the FRA does not possess the authority to unilaterally alter the information disclosure requirements imposed upon private companies by Congress.

2. "Would the agency be open to changing the process, even if it took an act of Congress?"

The process by which railroad bridge inspections are conducted is delineated by the 2015 congressional mandate, and the Federal Railroad Administration (FRA) lacks the unilateral authority to modify this framework. Additionally, it is imperative to acknowledge that the FRA is fully committed to adhering to any statutory revisions enacted by Congress pertaining to this issue.

3. "Is there more information in such reports that is NOT available to the public, and if so, why is it not public?"

As the Federal Railroad Administration (FRA), we adhere to transparency guidelines dictated by Congress governing public access to information on this subject. The information contained in bridge reports is subject to these guidelines, and any additional data contained therein withheld from the public is done so in accordance with applicable laws and regulations. Factors contributing to non-disclosure may include sensitive infrastructure details, proprietary information, or security considerations. Our commitment remains to balance the public's right to access pertinent information with the imperative to safeguard critical infrastructure and proprietary interests.

Local 12 asked Brown if he considered pushing for new legislation that would require railroads to reveal more information about these bridges.

Brown said he wouldn't commit to a new bill and that his priority is the Railway Safety Act that is currently waiting a floor vote in the senate. But he said he's going to keep up the pressure for more transparency.

"Elected officials all over the state, both parties, city county state, are frustrated as hell because they try to keep this stuff maintained and Norfolk Southern and pretty much CSX too don't call them back,” said Brown.

U.S. Sen. J.D. Vance, R-Ohio, told Local 12 he's heard complaints from mayors and is looking into solutions to make bridge information more available.

"We hope of course that we don't have a major disaster, but God forbid if we do, we'd like to have some information beforehand so we can hopefully prevent it before it does happen," said Vance.

Brown asked for a detailed inspection report for a different Norfolk Southern bridge in Steubenville. He asked after a resident there wrote with similar concerns about falling debris and cracks.

He can't get the short federal summary himself.

The FAST Act law only allows local officials such as county engineers to request and receive those reports. Not even a sitting U.S. Senator can get them.

Brown and Vance teamed up to introduce the Railway Safety Act last year after the East Palestine derailment disaster.

It would require more staffing on trains, limit the length of some trains and require more heat sensors along tracks. A failed bearing is what is thought to cause the derailment last year.

But after passing out of committee last spring, it has yet to be called to the full Senate floor.

Brown told Local 12 he anticipates a vote soon but is unsure whether there are the 60 votes needed to overcome any potential filibuster.

Vance also said he has been assured by Democratic Senate Majority Leader, Chuck Schumer, it would get a vote soon.