[Federal Register Volume 85, Number 142 (Thursday, July 23, 2020)]
[Notices]
[Pages 44571-44575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15906]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2018-0010]
National Transit Database Reporting Changes and Clarifications
AGENCY: Federal Transit Administration (FTA), Transportation (DOT).
ACTION: Final notice; response to comments.
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SUMMARY: This notice responds to comments received and finalizes
proposed changes and clarifications to the National Transit Database
(NTD) reporting requirements published in the Federal Register on April
9, 2019 (ID: FTA-2018-0010).
DATES: FTA will implement some changes and clarifications in Report
Year 2019 and will implement other changes in Report Year 2020 or
Report Year 2021.
FOR FURTHER INFORMATION CONTACT: John D. Giorgis, FTA Office of Budget
and Policy, (202) 366-5430 or [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Background and Overview
B. Additional Types of Service
a. New Type of Service To Distinguish Demand Response Taxi
Service
b. New Type of Service Classification for Demand Responsive
Service Provided by Transportation Network Companies
C. Changes to the A-30--Revenue Vehicle Asset Forms
a. Add New Data Element To Identify Automated Vehicles
b. New Reporting on Safety Equipment on Rail Transit Vehicles
D. Changes to the A-20--Adjust the Reporting Categories for Special
Trackwork
E. Changes to the D-10--New Reporting on the Use of Automatic
Passenger Counters
F. Changes to the FFA-10--New Reporting on Vehicle Revenue Miles by
State for Urbanized Area Reporters
G. Changes to Safety Event Reporting
a. Clarification of Reportable Attempted Suicides
b. Modified Data Collection on Vehicles Involved in Reportable
Safety Events
c. Additional Information on Drug and Alcohol Post-Accident
Testing
H. Clarification on Reporting Service Information on a Temporary Bus
Bridge
I. Clarification of Incidental Use for Transit Asset Reporting
J. Establish Separate Mode Reporting for Geographically and Resource
Separated Modes
K. Clarification on Commuter Service Survey Standards
L. Clarification on Reporting Linear Miles and Track Miles to the
Asset Inventory
M. Clarification of Rural Financial Data Reporting Requirement
A. Background and Overview
Pursuant to 49 CFR 630.4(a), each applicant for and beneficiary of
FTA assistance must comply with the applicable National Transit
Database (NTD) reporting requirements, as set forth in the current
editions of the NTD Reporting Manuals and Uniform System of Accounts
(USOA) (https://www.transit.dot.gov/ntd/uniform-system-accounts-usoa).
These reference documents are subject to periodic revision.
Pursuant to 49 CFR 630.4(b), the Federal Transit Administration
(FTA) published a notice in the Federal Register on April 9, 2019 (84
FR 14189) seeking public comment on several changes and clarifications
to the NTD reporting requirements contained in these reference
documents. The comment period closed on June 10, 2019. FTA received
seventy-three (73) comments from twenty-nine (29) unique commenters.
FTA intended to implement the proposed changes in Report Year 2019;
however, due to the timing of the notice's publication, FTA will
implement some changes finalized in this Federal Register notice in
Report Year 2019, and will defer others to Report Years 2020 or 2021.
Implementation details are included within the responses. Following is
a summary of the comments received with FTA responses.
This document on its own does not have the force and effect of law
and is not meant to bind the public in any way. This document is
intended to provide clarity to the public regarding existing
requirements under the law. In addition, FTA will update the NTD Policy
Manual to include appropriate guidance disclaimer language, pursuant to
49 CFR 5.29.
B. Additional Types of Service
a. New Type of Service To Distinguish Demand Response Taxi Service
Two comments expressed concern about how the new proposed types of
service would impact Americans with Disabilities Act (ADA) or
paratransit reporting. Both commenters stated that the new taxi type of
service must account for ADA/paratransit taxi trips. One commenter
stated that ``the definition of taxi service in the proposed changes. .
.must be clarified to ensure that taxi paratransit trips. . .can
continue to be reported through the NTD.'' Another commenter expressed
concern that the ``proposed revisions suddenly eliminates [sic]
transit-sponsored taxi-based subsidy programs'' for ADA paratransit
customers from reporting to the NTD.
FTA Response: FTA reiterates that it is not changing any reporting
eligibilities or requirements. If a transit system uses a partnership
with a taxi company to provide ADA complimentary paratransit service,
then that service can be reported to the NTD through the new type of
service. However, taxi-based subsidy programs are already excluded from
the NTD, as they do not meet the definition of public transportation,
as they are not shared-ride.
b. New Type of Service Classification for Demand Responsive Service
Provided by Transportation Network Companies
FTA received 19 comments on the proposal to create two new types of
service. Five commenters supported the changes as proposed. One
commenter stated that collecting these data will help all levels of
government develop a better understanding of the role transportation
network companies (TNCs) play in transit service, how effective they
are in delivering first mile/last mile service, and whether TNCs
augment or compete with traditional public transit service.
[[Page 44572]]
Three commenters directly opposed the inclusion of service provided
by TNCs in the NTD. All three commenters expressed concerns about the
impact on FTA's formula funding programs. One commenter expressed
``serious concerns that the FTA is setting the table to normalize the
use of transportation network companies in cooperation with or as a
substitute for public transportation without fully considering the
effects of this policy on safety, the fair distribution of federal
funds, and ensuring a level playing field for workers.'' The commenter
further stated that FTA should not implement this change ``without
accounting for the limitations of the service (TNCs) provide and the
true costs of those services when compared to transit buses.'' Two
commenters stated that the vehicle revenue miles provided by TNCs
should not be counted in the same way as bus vehicle revenue miles in
the federal formula programs. The commenters further asserted that FTA
should not implement this change until Congress deliberates
reauthorization of the surface transportation programs.
Six comments were submitted related to the proposed data structure.
One commenter suggested that service provided by a TNC should be
reported as a new mode rather than as a new type of service. Two
commenters suggested that the two proposed types of service should be
consolidated into one new type of service. Three commenters recommended
including microtransit such as scooters and bikeshares in NTD
reporting. Two commenters suggested that microtransit should be added
as a new type of service.
FTA Response: In response to comments opposing the proposal, FTA
clarifies that it did not propose changing the reporting eligibility
for demand response services. Rather, FTA proposed a new data structure
for collecting information on demand response services that are already
eligible to be reported to the NTD under existing law. The NTD collects
data on services that meet the definition of public transportation in
Federal law (49
U.S.C. 5302(14)). These data on public transportation services are
then used in the apportionment of formula grants by FTA. FTA intends to
permit service provided by TNCs that meets the statutory definition of
public transportation to be reported to the NTD and included in the
data sets used for the apportionment of formula grants. Likewise,
because all public transportation service funded through the Urbanized
Area Formula Program must be reported to the NTD pursuant to 49 U.S.C.
5335(b), FTA cannot prohibit these services from being reported to the
NTD without also prohibiting the use of Urbanized Area Formula Program
funds on these services. Thus, FTA does not believe that it is prudent
to defer this issue until Congress debates a new surface transportation
reauthorization bill. These services are being provided now, and FTA
believes that the NTD must have an appropriate means of accounting for
these services in the present.
Further, there is no statutory basis for including microtransit
services in the NTD for inclusion in the formula programs, as they do
not meet the statutory definition of public transportation as they are
not shared-ride services. Additional information about demand response
services provided by TNCs that meet the definition of public
transportation, and thus may be reported to the NTD, can be found in
Appendix E of the NTD Policy Manual. (https://www.transit.dot.gov/ntd/manuals).
FTA does not have the statutory authority to count TNC vehicle
revenue miles different from other bus vehicle revenue miles. Current
law divides all public transportation vehicle revenue miles into either
``bus vehicle revenue miles'' or ``fixed guideway vehicle revenue
miles.'' See 49 U.S.C. 5336. The category of ``bus vehicle revenue
miles'' already includes miles operated by the fixed-route bus mode, as
well as the demand response mode and the vanpool mode. FTA doesn't have
a statutory basis for treating a demand response vehicle revenue mile
operated through an agreement with a TNC any differently than a demand
response vehicle revenue mile operated by a transit agency's own
employees.
After considering the comments received, FTA continues to believe
that creating two new types of service is the best way to collect and
track service provided by taxi companies and TNCs. Creating two new
types of service will allow data users to quickly identify and compare
these services across transit agencies and will also provide a clear
basis for comparison among traditional directly-operated and contracted
demand response services. These two new types of service will be
implemented in report year 2020 (beginning in September 2020).
Two commenters requested additional clarification on when TNC-
provided service is considered public transportation and may be
reported to the NTD. One commenter stated that NTD reporting should
continue to be done by the transit agencies and not by the TNCs.
FTA Response: FTA reiterates that it is not changing any reporting
eligibilities or requirements. When a transit agency enters into a
purchased transportation agreement with a TNC, it is the transit agency
that reports the service. If the TNC is providing public transportation
service on its own, without a purchased transportation agreement with a
transit agency, then the TNC reports the service on its own. The
definition of a purchased transportation agreement can be found in the
existing NTD Policy Manual.
FTA also received several comments that were related to this
proposal but were not directly relevant to the request. In several
cases, these comments misstated current NTD reporting requirements. For
the sake of clarity, a summary of these comments and any necessary
clarifications are included in this response.
Three commenters expressed concerns over differing safety
requirements for TNC providers versus traditional public transit
providers. One commenter expressed concern that the taxi exemption will
``create an environment in which transit operators are held to a
different safety standard than operators contracted under TNC
service.'' A second commenter requested clarification on the taxi
exemption as it relates to drug testing for TNC services. The commenter
further asserted that when TNCs ``clearly stand in the shoes of the
transit provider, they should be subject to Part 655 requirements.''
FTA Response: This notice does not impact safety standards or
requirements. FTA is not providing an ``exemption'' to TNC providers.
This notice simply articulates how a transit agency that partners with
a TNC to provide public transportation service can meet its NTD
reporting obligation for that service.
One commenter challenged FTA's current interpretation of ``shared-
ride'' service. FTA currently requires all demand response modes to use
a dispatch service to attempt to share all ride requests. 49 CFR
630.4(a). The commenter argued that FTA should ``adopt a more holistic
approach . . . for demand responsive services by designating the
performed services, rather than the potential for sharing of the
dispatch system, as the fundamental standard for evaluating NTD
reporting eligibility.'' In other words, all trips sponsored by a
public transit agency should be reportable to the NTD even if they are
trips on a subsidized single-occupancy taxi service used for first-
mile/last-mile service.
FTA Response: FTA disagrees. FTA has a long-standing policy that
vouchers
[[Page 44573]]
or subsidies for single-person taxi service are not public
transportation because they are not shared-ride services, even when
provided by an operator of public transportation services. The same
principle would apply to vouchers of subsidies for single-person TNC
service. Public transportation is defined in Section 5302(14) as being
``shared-ride'' service, and FTA cannot change this definition
administratively.
After considering the comments received, FTA will adopt the
proposed changes to create the two new types of service. These changes
will be implemented in Report Year 2020 (beginning in September 2020).
C. Changes to the A-30 Revenue Vehicle Asset Forms
a. Add New Data Element To Identify Automated Vehicles
FTA received four comments related to reporting automated vehicles.
Two commenters supported this change as proposed. One commenter noted
that the SAE standard referenced in the notice is ``copyrighted by SAE
and distribution within an organization is prohibited without special
license.'' The commenter suggested that FTA should provide a more
comprehensive definition in the NTD glossary to ``avoid
misinterpretation.'' A final commenter stated that automated bus
service should only be reported as ``fixed guideway'' service to the
NTD if it is operated in dedicated right-of-way.
FTA Response: FTA concurs that the use of an automated vehicle does
not impact whether the fixed-route bus service should be reported as
``fixed guideway'' or not. In response to the comment noting that the
SAE standard is under copyright by SAE, FTA amends the definition of
automated vehicle to align with the description of SAE Level 4
automation provided by the National Highway Traffic Safety
Administration (NHTSA): A vehicle that can itself perform all driving
tasks and monitor the driving environment in certain circumstances. FTA
will adopt these changes effective in Report Year 2019; effective
August 31, 2019.
b. New Reporting on Safety Equipment on Rail Transit Vehicles
FTA received three comments related to reporting on safety
equipment on rail transit vehicles. One commenter asked for a
clarification on whether these reporting criteria apply to commuter
rail modes regulated by the Federal Railroad Administration (FRA). A
second commenter stated that this reporting would be a significant
burden because their data is not currently kept at this level of
detail. The third commenter noted that the American Public
Transportation Association (APTA) Standards identified in the notice
have changed. The commenter requested clarification on how FTA will
account for changing standards for NTD reporting in the future.
FTA Response: FTA clarifies that these reporting requirements will
not apply to rail modes that are regulated by the FRA.
In response to the request for clarification regarding changing
APTA Standards, FTA will clarify in each edition of the NTD Reporting
Manual the date of the APTA Standard that is in effect at the time the
NTD Reporting Manual is published. Transit systems can then report
whether their vehicles carry this equipment based on the date of the
APTA Standard listed in the Reporting Manual. FTA believes that keeping
track of the safety equipment present on rail vehicles is a sound
business practice and believes that that the cost of tracking safety
equipment will ultimately be de minimis, as the NTD will retain this
information year after year. FTA will implement these changes to the
asset inventory for the 2020 Report Year.
D. Changes to the A-20--Adjust the Reporting Categories for Special
Trackwork
FTA received three comments related to adjusting the reporting
categories for special trackwork. All commenters supported updating the
special trackwork categories. One agency requested clarification on
whether special trackwork reporting only applies to main line track. A
second commenter requested that special trackwork categories be
modified to align with the naming conventions used by their agency.
FTA Response: FTA clarifies that all special trackwork, including
main line, yard, and pocket track, are reportable to the NTD.
After consultation with industry experts, FTA believes that the
proposed categories represent the most common track-naming conventions
used in the industry. FTA will implement this change, as proposed,
effective immediately.
E. Changes to the D-10--New Reporting on the Use of Automatic Passenger
Counters
FTA did not receive any comments on the proposed change regarding
reporting on the use of automatic passenger counters (APC). FTA will
implement its proposal and begin capturing the use of APCs on the D-10
effective immediately.
F. Changes to the FFA-10--New Reporting on Vehicle Revenue Miles by
State for Urbanized Area Reporters
FTA received two comments on the proposal to collect vehicle
revenue miles (VRM) by state for urbanized area reporters. One transit
agency expressed concern that reporting VRM by state may impact its
funding. The commenter further stated that reporting in this manner
would require a route by route analysis and requested that this
reporting be considered ``optional.''
A second agency stated that reporting VRM by state would be a
significant burden because most of its service is operated within a
single state. The agency requested that FTA provide an exemption for
agencies that are primarily operating within a single state with only a
negligible amount of service in a second state.
FTA Response: FTA is sensitive to concerns about increasing
reporting burden. Both respondents indicated that reporting their
service by state would require them to change their current data
collection methods. As such, FTA withdraws this proposal and will not
implement it. Therefore, FTA will not revise reporting to include VRM
by state.
G. Changes to Safety Event Reporting
a. Clarification of Reportable Attempted Suicide
FTA received four comments on the proposed clarification of the
definition of reportable attempted suicides. One agency expressed
concern about the requirements that both the attempt and the intent
must be verified by a third party. It stated that it is ``unlikely to
have a police report to provide in a timely manner.'' A second agency
recommended including ``apparent'' or ``perceived'' before
``intention'' and ``intent'' in the clarification of attempted suicide.
A third commenter stated that an agency ``may not even notice,
rendering it difficult if not impossible to report'' on events
resulting in an individual being transported for mental health
evaluation. A fourth commenter stated that attempted suicides should
only be reported if there is an injury; incidents of an individual
being transported for mental health evaluation should not be reported
to the NTD.
FTA Response: FTA clarifies that under this proposal, a major event
report is only necessary for an attempted suicide that results in a
physical injury. 49 CFR 630.4(a). FTA further clarifies that third-
party
[[Page 44574]]
verification of the event may be in the form of eyewitness statements;
a police report is not required.
In response to the request to include ``apparent'' or ``perceived''
before ``intention'' and ``intent,'' FTA amends the definition of
attempted suicide as follows: Self-inflicted physical harm where death
does not occur, but the intention of the person was to cause a fatal
outcome. Per regulation, the person's attempt and intent, whether
perceived or stated, must be accounted for by a third party in the form
of police reports, security personnel reports, or other eyewitness
statements. The NTD report should identify the actions of the person in
carrying out the apparent suicide attempt.
If a person is transported away from the scene for mental health
evaluation following an event meeting this definition of attempted
suicide, then per regulation a major event report in the NTD is
required, even if the physical injuries alone were not sufficient to
require medical transportation away from the scene. On the other hand,
if a person is transported away from the scene for mental health
evaluation without any self-inflicted physical harm occurring, then per
regulation the event only needs to be reported on the Non-Major Monthly
Summary Report. FTA will implement this change effective immediately.
b. Modify Data Collection on Vehicles Involved in Reportable Safety
Events
FTA received two comments related to modifying data collection on
vehicles involved in reportable safety events. One agency supported
this proposal but suggested that individual vehicles should not be
identified. A second agency noted that it would be unable to link
vehicles that have not yet been included in the asset inventory.
FTA Response: FTA clarifies that this change would not necessarily
identify individual vehicles. Rather, this change would indicate the
reported vehicle fleet that contains the vehicle involved in a major
safety event. The individual vehicle would be identifiable only if the
reported vehicle fleet in the vehicle inventory only contains a single
active vehicle. In instances where a vehicle is involved in a major
safety event, but the fleet has not yet been added to the asset
inventory, agencies would indicate that the fleet does not yet exist in
the inventory, and they would be prompted to enter the basic vehicle
information currently captured in the major events safety form. FTA
will implement this change effective immediately.
c. Add Information on Drug and Alcohol Post-Accident Testing
FTA received four comments related to the proposal to include
information on drug and alcohol post-accident testing. Only three of
these comments are directly salient to this proposal and are included
in this response. One professional association stated that this
proposal is duplicative and burdensome. One agency supported this
proposal so long as no personal information is included. One agency
stated that the burden to report this data would be negligible.
FTA Response: FTA recognizes that this reporting is duplicative
with existing drug and alcohol post-accident testing reporting
requirements and will not implement this change.
H. Clarification on Reporting Service Information on a Temporary Bus
Bridge
FTA received two comments related to reporting on temporary bus
bridge service. One commenter restated the requirement and noted how it
may apply to its agency. The second commenter stated that this proposal
is too burdensome and that it does not support this change.
FTA Response: FTA restates that the proposed clarification of
reporting a temporary bus bridge is not a change to current policy.
Rather, it is a clarification of existing policy. The policy is
intended to reduce the burden of reporting temporary bus bridge service
by allowing agencies the option to report this information as a capital
cost rather than creating a new mode or type of service for temporary
bus bridge service. FTA will implement this clarification effective
immediately.
I. Clarification of Incidental Use for Transit Asset Reporting
FTA received four comments on the clarification of incidental use
for reporting administrative and maintenance facilities to the NTD. All
four commenters agreed that FTA should define incidental as meaning
less than 50 percent of the space. One commenter requested that this
definition should also be applied to passenger facilities.
FTA Response: FTA disagrees with the suggestion that the 50 percent
definition should be applied to passenger facilities. FTA confirms that
all passenger facilities used in public transportation are reportable
to the NTD asset inventory. Agencies must only conduct a condition
assessment of passenger facilities for which they have direct capital
replacement responsibility. See 49 CFR 625.25(b); 49 U.S.C. 5335(c).
Accordingly, the definition of incidental use does not apply to the
reporting of passenger facilities. FTA will implement this
clarification effective immediately.
J. Allow Separate Mode Reporting for Geographically and Resource
Separated Modes
FTA did not receive any comments on the proposal to begin
collecting separate mode reporting for geographically and resource-
separated modes. After further analysis, FTA has decided to postpone
implementation of this change until the 2021 Report Year, to allow for
the necessary time to update the online reporting system to accommodate
this change.
K. Clarification on Commuter Service Survey Standards
FTA received three comments related to the proposed clarification
of commuter service survey standards. Only two of the comments were
relevant to the proposal. One agency requested additional clarification
on how many times a survey must be conducted over a 12-month period to
satisfy the requirement of accounting for seasonal variations. An
industry association stated that it would not support a policy defining
services of more than 90 minutes of one-way travel time as intercity
services. The same association also sought clarification on whether
this policy applies to new entrants or existing services.
FTA Response: FTA clarifies that there is no policy stating that
services of more than 90 minutes will be irrefutably considered
intercity service. Under existing policy, FTA will generally presume
that services with a one-way trip time of less than 90 minutes are
commuter services. Although FTA will generally presume that a service
with a one-way travel time of less than 90 minutes is commuter service,
FTA may still request that this presumption be confirmed by passenger
survey data. FTA will generally not presume that service with a one-way
travel time of more than 90 minutes is commuter service. In these
cases, FTA will consider such a service to be intercity service until
survey data establishes that more than 50% of the riders make a same
day return trip. These standards apply to any new services entering the
NTD, as well as to any existing services that FTA chooses to examine in
accordance with the NTD Policy Manual.
In response to the request for additional clarification on how many
times a survey should be conducted to
[[Page 44575]]
account for seasonal variations, FTA clarifies that the survey
methodology must be approved by a qualified statistician. 49 CFR
630.4(a). To ensure that a survey methodology is compliant with the
requirement for 95% confidence, FTA further clarifies that per
regulation, the survey methodology and evidence of an approval by a
qualified statistician must be reviewed and approved by FTA prior to
conducting the survey. A statistically valid survey will give every
passenger on the service for the year an equal chance of selection or
will use sample stratification to give every passenger a representative
chance of selection. FTA will implement this change effective
immediately.
L. Clarification on Reporting Linear Miles and Track Miles to the Asset
Inventory
FTA received three comments related to the proposed definitions of
linear miles and track miles. One agency supported the clarification as
written. One agency suggested that FTA should require the collection of
both linear miles and track miles to allow for comparisons across
systems. A third agency expressed continued confusion over the
distinction between linear miles and track miles.
FTA Response: In response to comments, and to simplify reporting in
the future, FTA will remove linear miles from the reporting system. All
reporters should report their guideway using the definition of track
miles provided in this notice: The cumulative length in miles of all
track--including multiple track railways over the same area. This
should represent the total length of all laid track. FTA will implement
this change in Report Year 2020.
M. Clarification of Rural Financial Data Reporting Requirement
FTA received one comment requesting that the clarification of the
rural financial data reporting requirement should be applied to all
non-dedicated providers of demand response rides.
FTA Response: FTA clarifies that per 49 CFR 630.4(a), all modes and
types of service must be reported to the NTD consistent with the
Uniform System of Accounts (USOA), which requires agencies to report
the total cost of delivering each mode of transit service, including
both direct and shared costs of providing service. FTA will implement
this clarification effective immediately.
K. Jane Williams,
Acting Administrator.
[FR Doc. 2020-15906 Filed 7-22-20; 8:45 am]
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