80_FR_18765 80 FR 18699 - Response to Comments on Updates to National Transit Database Annual Information Collection

80 FR 18699 - Response to Comments on Updates to National Transit Database Annual Information Collection

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 80, Issue 66 (April 7, 2015)

Page Range18699-18703
FR Document2015-07879

This notice provides the Federal Transit Administration's response to comments on proposed changes to the National Transit Database (NTD) Reporting Manual, and provides notice that the final Reporting Manual for the 2014 Report Year is now available. The guidance changes in this notice primarily relate to urbanized area transit providers.

Federal Register, Volume 80 Issue 66 (Tuesday, April 7, 2015)
[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Notices]
[Pages 18699-18703]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07879]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[FTA Docket No. FTA-2014-0009]


Response to Comments on Updates to National Transit Database 
Annual Information Collection

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of Revised NTD Reporting Manual and Response to 
Comments.

-----------------------------------------------------------------------

SUMMARY: This notice provides the Federal Transit Administration's 
response to comments on proposed changes to the National Transit 
Database (NTD) Reporting Manual, and provides notice that the final 
Reporting Manual for the 2014 Report Year is now available. The 
guidance changes in this notice primarily relate to urbanized area 
transit providers.

DATES: Upon publication of this notice the rules and guidance it 
describes will become final.

FOR FURTHER INFORMATION CONTACT: Keith R. Gates, National Transit 
Database Program Manager, FTA Office of Budget and Policy, (202) 366-
1794, or email: keith.gates@dot.gov

SUPPLEMENTARY INFORMATION:
    Title: 49 U.S.C. 5335(a) and (b) National Transit Database. (OMB 
Number: 2132-0008).
    Background: Sections 5335(a) and (b) of title 49, United States 
Code, require the Secretary of Transportation to maintain a reporting 
system, using a uniform system of accounts, to collect financial and 
operating information from the Nation's public transportation systems. 
Congress established the National Transit Database (NTD) to be the 
repository of national transit data to support public transportation 
service planning. The Federal Transit Administration (FTA) administers 
the NTD to meet these requirements and has collected data for over 30 
years. The NTD is comprised of the Annual, Rural, Monthly, and Safety 
modules. Each module has a Reporting Manual, which FTA updates from 
time to time to provide new guidance to reporters. This notice provides 
final updates to the Annual Reporting Manual for the 2014 Report Year.
    Approximately 850 urban transit systems currently report to the NTD 
Annual Module. Each system provides a report on their sources and uses 
of funds, their capital assets, the amount of service they provide and 
a Chief Executive Officer (CEO) certification of the data. The 
reporting requirements for the NTD are within the level that received 
Paperwork Reduction Act (PRA) approval as part of the entire NTD PRA 
notice published in the Federal Register on November 7, 2011 (76 FR 
6881) and approved by the Office of Management and Budget (OMB) on 
April 29, 2012.
    On August 19, 2014, FTA published a Federal Register notice for 
comment on revisions to the NTD Reporting Manual (79 FR 49146). That 
notice described various changes to the NTD Annual Module that are 
taking effect with the FY 2014 NTD Report Year. The

[[Page 18700]]

FTA responds herein to comments on whether, and how, agencies reporting 
this data might experience difficulties meeting the revised 
requirements.
    The updated guidance in the Annual Reporting Manual will provide 
better data to the NTD which is used in the grant apportionment 
formulas and for analysis of industry trends. These changes also 
implement many of the policy changes enacted in the Moving Ahead for 
Progress in the 21st Century Act (MAP-21). This notice is independent 
of the larger rulemaking process that is underway to implement a 
National Transit Asset Management system and other FTA rulemaking 
activities.
    FTA previously proposed 11 changes to NTD reporting:

A. Clarification for reporting subset data on Americans with 
Disabilities Act (ADA) paratransit services
B. Clarification on the reporting of contractual relationships
C. Update the definition of the bus rapid transit mode (per FTA C 
5300.1 SGR Grants Program)
D. Policy change so that certain High Occupancy Toll (HOT) lanes are no 
longer fixed guideway for purposes of the State of Good Repair Formula
E. Updates to the definition of commuter service (related to Amtrak 
services) and allocation of data to urbanized areas
F. Elimination of consolidated reporting in favor of Small System 
Waiver reporting.
G. Clarification on consistent use of transit system names and 
organization types
H. Policy clarification allowing delegation of CEO certification 
responsibility
I. Elimination of unnecessary reporting requirements (dropping unneeded 
forms)
J. Elimination of outdated Circulars related to sampling procedures.
K. Expansion of capital asset reporting required by MAP-21

    FTA received 119 comments from 75 sources. This notice will respond 
to comments on items A through J. The FTA received a substantial number 
of comments on item K, the expansion of capital asset reporting. As FTA 
originally proposed that the expanded asset reporting would not take 
effect until at least the FY 2015 Report Year, FTA is taking additional 
time to consider these comments, and will respond to them in a future 
notice in the Federal Register.

Response to Comments

A. Clarification for Reporting Subset Data on ADA Paratransit 
Services--(27 comments)

    FTA proposed the following guidance to improve the consistency and 
specificity of urban transit systems' ADA data reporting. This proposed 
guidance would have only applied to full reports from urbanized areas; 
not to rural reporting, nor to reporting under a small systems waiver.
    (1) Transit systems that operate demand response services that are 
not intended to fulfill the ADA paratransit requirements of any fixed 
route service should report that zero (0) of their service and 
operating expenses are attributable to ADA requirements.
    (2) Transit systems that operate demand response services to 
fulfill the ADA paratransit requirements of fixed-route service must 
report their unlinked trips provided to all eligible paratransit 
passengers (eligibility determined by local policy), excluding only the 
following:
    (i) Trips that are sponsored by a third party (e.g. Medicare-
sponsored trips);
    (ii) Trips whose origin or destination (or both) are outside the 
minimum service (within \3/4\ of a mile of fixed route service) area 
required by the ADA; and,
    (iii) Trips taken during times when the fixed-route system is not 
operating.
    (3) Transit systems that operate demand response services to 
fulfill the ADA paratransit requirements of a fixed-route service would 
then report their operating expenses for such services as attributable 
to the ADA on the same basis. In general, if a transit system does not 
have an accounting system to track this, then it may report on the 
basis of the percentage of total demand response trips that were 
identified as ADA trips, per the above criteria. That is, if ADA trips 
were 76 percent of all demand-response mode trips, then ADA operating 
expenses would be reported as 76 percent of total demand-response mode 
operating expenses.
    FTA received 27 comments on the clarification of the ADA 
Paratransit Services reporting standards. Comments indicated that 
agencies have integrated ADA requirements into their demand-response 
systems to such an extent that it is technically difficult for them to 
separate this service from their normal operations. Their responses 
noted that it would constitute a considerable burden for them to report 
this data separately. As FTA does not wish to impose additional 
reporting burden to collect this data, we withdraw this proposal.

B. Clarification on the Reporting of Contractual Relationships--(9 
comments)

    FTA proposed to clarify that in order for service to be classified 
as Purchased Transportation (PT), the service must meet three criteria:
    (1) The contract or agreement must provide for the buyer to be 
responsible for the fully-allocated cost of providing the service;
    (2) The service must be operated in the name of the buyer (i.e. the 
presence of the seller must be generally transparent to the riding 
public); and,
    (3) The seller must operate and manage the service.
    Public transportation services that do not meet the above criteria 
may still be reported to the NTD. However, these services would instead 
be reported to the NTD as directly operated and would be reported by 
the organization that is actually operating the service.
    FTA received nine (9) comments in response to the clarifications on 
the reporting of contractual relationships. Three (3) transit providers 
indicated that they support this clarification or that their business 
practices are already in compliance with these reporting standards. One 
(1) additional commenter believes this clarification may be unnecessary 
because any buyer/seller relationship anomalies would be apparent from 
the type of NTD forms submitted by the reporter. The remaining five (5) 
comments are summarized below:

    One commenter suggests that the language be changed from the 
fully allocated cost to the market rate for providing the service; 
with the market rate being defined as the rate achieved either 
through a competitive procurement process or a negotiated 
procurement. Requiring the seller to provide complete accounting 
records to support the fully allocated rate would be cumbersome and 
could lead to unintended consequences for transit agencies seeking 
to provide purchased transportation services at the lowest cost.

    The issue presented here is that records must be kept to 
demonstrate that the amount paid for the purchased service is the 
actual cost of providing that service. The FTA reserves the right to 
audit that claim. In general, it can be presumed that if the seller is 
not receiving funds from any source other than the buyer, then the 
buyer is paying the fully-allocated cost.

    A commenter from an industry association suggested that final 
guidance should not prohibit the identity of the seller from being 
displayed on vehicles or uniforms. They also requested clarity on 
how to identify 'fully allocated costs' of contracted service when 
some services are provided by the buyer.

[[Page 18701]]

    A commenter from a transit agency also requested clarification 
on whether the name of the seller can be included on the vehicle or 
advertisements.

    FTA replies that, although the vehicle used for purchased 
transportation must prominently display the name of the buyer, this 
does not preclude the name of the seller, manufacturer or advertisers 
from also being on the vehicle.

    A commenter from a transit agency expressed concern that the 
proposed change would eliminate the ability to report ridership for 
its program of `last mile' shuttles from its rail stations.

    FTA will address the specifics of this situation directly with the 
reporter, but nothing in this proposal would prevent any transit 
service from being reported to the NTD and included in the formula 
apportionment. Any transit service that cannot be reported as purchased 
transportation could be reported to the NTD as a directly operated 
service instead.

    One commenter from a transit agency suggested that certain 
demand response services provided by a third party should be exempt 
from the requirement to be operated in the name of the buyer. For 
example, some transit systems use car services with non-dedicated 
fleets to provide some ADA paratransit services.

    FTA agrees and will clarify in the Reporting Manual that demand-
response taxi services need not be operated in the name of the buyer.
    Comments received in response to this item did not identify any 
significant issues preventing its implementation and FTA will proceed 
with publishing these clarifications.

C. Updates to Definition of the Bus Rapid Transit Mode--(5 comments)

    On January 28, 2015, FTA published a notice in the Federal Register 
finalizing Circular FTA C 5300.1 State of Good Repair Grants Programs: 
Circular and Application Instructions. In that circular FTA defines the 
bus rapid transit (BRT) mode as a service that meets five criteria. 
These criteria were re-published with the August 19, 2014 Federal 
Register notice to provide additional notice to impacted parties, in 
particular with regards to changing the definition of the BRT Mode in 
the NTD. However, comments on whether the below criteria should be used 
for funding eligibility in the State of Good Repair Formula Program 
have been addressed through notice and comment on the circular and FTA 
has accepted these criteria. The five criteria are as follows:
    (1) Over 50 percent of the route operates in a separated right-of-
way (ROW) dedicated for transit use during peak periods (though other 
traffic may make turning movements through the separated right-of-way);
    (2) the route has defined stations that are accessible for persons 
with disabilities, offer shelter from the weather, and provide 
information on schedules and routes;
    (3) the route offers faster passenger travel times through 
congested intersections by using active signal priority in separated 
guideway, and either queue-jump lanes or active signal priority in non-
separated guideway;
    (4) the route offers short headway, bi-directional, service that is 
provided for at least a 14 hour span on weekdays and a 10 hour span on 
weekends; (Short headway service on weekdays, consists of maximum 
headways that are either: 15 minutes or less throughout the day; or, 10 
minutes or less during peak periods and 20 minutes or less at all other 
times. Short headway service on weekends consists of maximum headways 
that are 30 minutes or less for at least 10 hours for the day) and,
    (5) a separate and consistent brand identity applied to stations 
and vehicles.
    Bus services that implement features of bus rapid transit systems, 
but which do not meet all of the above criteria, particularly corridor-
based bus rapid transit projects, would still be reported to the NTD 
under the fixed-route bus (MB) mode.
    FTA received five (5) comments in response to the proposed 
definition of the bus rapid transit mode.

    Two (2) commenters suggested that this change was premature 
given that Circular C5300.1 is still under development and could 
have an impact on this definition. Both commenters suggested that 
these changes should be deferred and reconsidered after the circular 
has been completed.

    The final circular was posted in the Federal Register on Wednesday, 
January 28, 2015. NTD reporters need to use the published definition in 
order to comply with MAP-21.

    One transit system recommended the following changes to the 
proposed definition: ``1) Over 50 percent of the route operating in 
a separated ROW dedicated for transit use and HOV/HOT use during 
peak periods; and, 2) the route offers short headway, bi-
directional, service during peak periods.'' They believe that the 
current definition discourages partnerships that provide a 
combination of BRT and high-occupancy toll or HOV services, 
including the U.S. 36 BRT in Colorado. The weekend requirement would 
also disqualify some BRT projects or force unproductive weekend 
service.
    Another transit agency commenter expressed concern that the 
change in definition will disqualify some existing BRT routes from 
being formally classified as BRT. They request that the calculation 
to determine separated ROW exclude segments where a separated ROW is 
not necessary due to insignificant traffic congestion. They further 
recommend that the 'treatment of congested intersections' criterion 
be simplified to be more consistent with the MAP-21 definition that 
references `traffic signal priority for public transportation 
vehicles'. This change in definition would allow routes that utilize 
traffic signal priority at some but not all intersections to still 
be designated BRT.

    While FTA has considered alternate interpretations of MAP-21, 
including these proposed by the commenters, FTA notes that the statute 
has clear and specific requirements for separated guideway and high-
frequency service on weekends. The FTA must follow the statutory 
requirements in these areas.

D. Guidance for Service on HOT Lanes--(8 comments)

    The FTA proposed, beginning with the Fiscal Year 2016 
apportionment, to no longer consider transit service operated on any 
HOT lane to be the same as transit service operated on an HOV lane, for 
purposes of the formula apportionment for the High-Intensity Motorbus 
Tier. Comments on this were solicited in the previously mentioned March 
3, 2014, FTA Federal Register Notice, C 5300.1 State of Good Repair 
Grants Programs: Proposed Circular and Application Instructions. Thus, 
while FTA did not seek additional comments on the impact of this policy 
change on the State of Good Repair Formula Program, FTA did propose to 
continue to collect data on the amount of transit service operated on 
HOT Lanes in the NTD for future use.
    The FTA received eight (8) comments in response to the guidance for 
service in HOT lanes. Five (5) commenters provided feedback that was 
not specific to FTA's request for comment on continuing to collect HOT 
lane data for future use. These comments were in response to the March 
3, 2014 Federal Register Notice on C 5300.1 and, therefore, will not be 
addressed in this response.
    Three (3) commenters provided feedback specific to this request for 
comment. One (1) commenter suggested that any decisions on continuing 
to collect HOT lane data should be postponed until after final 
publication of the C 5300.1 State of Good Repair Grants Programs: 
Circular and Application Instructions (which has now occurred). Two (2) 
commenters stated that continuing to collect HOT lane data would be 
unnecessary and burdensome if that data is no longer part of the State 
of Good Repair formula.

[[Page 18702]]

Both requested that FTA discontinue collecting this data.
    FTA has considered the feedback regarding the burden of collecting 
HOT lane data and agrees that this reporting burden should be 
minimized. FTA thus amends its proposal to only collect data on HOT 
lane directional route miles. Data on HOT lane directional route miles 
used in transit service will continue to provide important baseline 
data for policy makers, and these data can be collected with a minimum 
of reporting burden. However, FTA will discontinue collecting data on 
vehicle revenue miles driven on those HOT lanes.

E. Updates to the Definition of Commuter Service and Allocation of Data 
Attributable to an Urbanized Area (UZA)--(5 comments)

    The definition of Public Transportation at 49 U.S.C. 5302 
specifically excludes intercity passenger rail operated by Amtrak, and 
also intercity bus service. The FTA proposed to amend the definition of 
public transportation in the NTD Reporting Manual to implement this 
definition, and to clarify the distinction between commuter and 
intercity services.
    The FTA also proposed to clarify the instructions in the Reporting 
Manual regarding the allocation of transit service between multiple 
areas. Transit service classified as commuter service that connects one 
or more urbanized areas or that connects rural areas with one or more 
urbanized areas must be allocated to the urbanized area that is 
primarily being served. Each transit agency may determine what 
proportion of service to allocate to each urbanized area according to a 
reasonable methodology.
    The FTA received five (5) comments in response to the proposed 
update to the definition of commuter service and allocation of data 
attributable to an urbanized area. One (1) commenter stated that these 
updates would not impact their current reporting practices. The 
remaining four (4) comments all requested that FTA continue its current 
practice of allowing agencies to determine how service is allocated 
amongst the UZAs they serve.
    The comments on these proposed updates were solely concerned with 
the allocation of service data amongst the UZAs being served by 
commuter service. FTA wishes to clarify that the proposed updates will 
not impact the ability for transit agencies to continue with their 
current methodology for determining how service data is allocated 
amongst the UZAs they serve. A transit agency may continue to allocate 
service data amongst the UZAs they serve according to a reasonable 
methodology based on the service provided.

F. Proposed Elimination of Consolidated Reporting and Update of Small 
Systems Waiver Reporting--(25 comments)

    The FTA proposes to eliminate consolidated reports and have all 
urbanized area transit providers report directly to the NTD. Currently 
there are fewer than 10 consolidated reporters in the NTD. Consolidated 
reporting makes it difficult to validate and assure the accuracy of NTD 
data. It complicates NTD data presentation and makes it harder to use 
the NTD to answer basic questions about the transit industry.
    The FTA received 25 comments on the proposal to eliminate 
consolidated reporting and update the small systems waiver reporting. 
All commenters were opposed to the elimination of consolidated 
reporting. Fifteen (15) stated that eliminating consolidated reporting 
would be administratively burdensome for the small agencies that are 
currently part of consolidated reports. Eleven (11) stated that the 
cost of an individual audit to verify their individual NTD submission 
would be cost prohibitive. Eight (8) commenters expressed concerns that 
small agencies that would no longer be eligible for a consolidated 
reporting would also no longer be required to report passenger miles. 
This reduction in passenger miles reporting would impact the overall 
formula funding for the UZA. Eight (8) commenters expressed concerns 
over the timeline to implement this change and requested extensions 
between 6 months and 1 year. Finally, eight (8) commenters requested 
that, should consolidated reporting be eliminated, the threshold for a 
small systems waiver should be increased from 30 vehicles to 50 
vehicles.
    The FTA has taken into consideration comments provided by the 
industry, but does not agree that eliminating consolidated reporting 
will be more burdensome. Virtually all consolidated reporters are small 
systems (30 or fewer vehicles) and will qualify for reduced reporting 
(formerly called small systems waiver reporting). As part of a 
consolidated report these systems are currently providing data for a 
full NTD report which requires significantly more effort. For example, 
reduced reporting does not require sampling for average trip length, an 
expensive and time-consuming process. In addition, small systems filing 
reduced reports are only required to do an audit of their accounting 
capabilities once within their first year of reporting. They are not 
required to do the annual audits that are required of full reporters. 
Thus, FTA concludes that concerns about excess reporting burden and 
auditing requirements are based on an incomplete understanding of the 
requirements.
    In response to the concerns regarding reporting of passenger miles, 
small systems still have the option of submitting full NTD reports, 
with passenger miles, if they believe this will have a significant 
impact on formula funding for their urbanized areas. FTA has evaluated 
this impact for consolidated reporters, all of which are in urbanized 
areas with populations of greater than 200,000. Only 5.6 percent of 
Urbanized Area Formula funds (5307) and 8 percent of Bus and Bus 
Facilities funds (5339) are apportioned based on passenger miles. 
Consolidated reporters are all relatively small operators and so 
generate only a small portion of the passenger miles in their urbanized 
areas. The FTA finds that the impact of their not reporting those miles 
on total funding for those areas is quite small.
    The FTA recognizes that the proposed timeline may cause a hardship 
to some reporters and will work with consolidated reporter agencies to 
transition them to individual reporters over a 2 year period using data 
waivers and extensions as necessary. FTA also will provide training as 
the comments we received show that many of these agencies do not 
understand the reduced reporting requirements and process. 
Additionally, FTA wants to emphasize that any large transit system that 
currently sponsors a consolidated report may continue to fill out NTD 
Report Forms on behalf of reporters filing with reduced reporting 
requirements. The FTA also will consider adjusting the limit for small 
systems, currently at 30 or fewer vehicles in maximum operating 
service, at some point in the future.

G. Clarification on Consistent Use of Transit System Names and 
Organization Types--(3 comments)

    The FTA proposed that the name and organization type on the B-10 
form must now match the total revenues and total expenses reported on 
the F forms.
    The FTA received three (3) comments in response to this 
clarification. One (1) commenter stated that this will not impact their 
current reporting. One (1) commenter reiterated a concern over 
administrative burden for small agencies if the consolidated reporting 
is eliminated. This concern has been addressed in section F of this 
notice and will not be further addressed here.
    The final comment expressed a concern that reporters to the NTD 
would

[[Page 18703]]

have to report non-transit costs to the NTD.
    The FTA does not intend to collect data on non-transit services. 
However, it may be necessary to appropriately indicate the size of non-
transit costs in order to ensure that the NTD report can be reconciled 
with a reporter's published financial statements.

H. Policy Clarification Allowing Delegation of Chief Executive Officer 
(CEO) Certification Responsibility--(6 comments)

    The FTA proposed to formally allow the CEO (or equivalent officer) 
to delegate those duties to another individual within the organization. 
This delegation would be indicated by submission of a delegation 
letter, signed by the CEO on organization letterhead, naming the 
individual who will act in the CEO's name for this purpose.
    The FTA received six (6) responses to this clarification. Three (3) 
commenters supported or expressed that this clarification would not 
impact their current reporting. One (1) individual expressed concern 
that his transit system, which has no direct employees, and is run by a 
Board of Commissioners, would have difficulty complying with this 
requirement. The remaining two (2) commenters were seeking additional 
clarification on this policy. The first requested FTA guidance on the 
extent to which certification would be considered a 'public record' 
under FOIA. The second was seeking clarification on the impact this 
would have on the individual provided with the delegation of the CEO 
submission. Specifically, is the delegate also responsible for data 
issues or concerns?
    First, this is an option for reporters, not a requirement. It does 
not require any change in current certification procedures. Our intent 
is to expedite submission of reports at agencies where it is difficult 
for the CEO to schedule time to submit the report by allowing 
delegation of this task. Although the CEO can have subordinates certify 
the report, the CEO remains, ultimately, responsible for the accuracy 
of the data submitted. All NTD documents will continue to be public 
records subject to Federal and State Freedom of Information Act (FOIA) 
laws.
    The comments received on this item did not identify any significant 
issues with its implementation and FTA will proceed with allowing 
delegation of CEO certification responsibility as proposed.

I. Elimination of Unnecessary Reporting Requirements--(6 comments)

    In its ongoing efforts to streamline NTD reporting requirements and 
to eliminate unnecessary data collection FTA proposed to eliminate the 
requirement for rail systems to report vehicle revenue miles, vehicle 
revenue hours, unlinked passenger trips, and passenger miles traveled 
for morning peak and evening peak periods. The FTA is no longer using 
these data and has determined that this data collection is unnecessary. 
This will align the service data reporting requirements for rail modes 
with other modes.
    The FTA also proposed to eliminate the B-60 and B-70 forms for 
identifying funds passed from one public entity to another public 
entity. The clarifications to the reporting of purchased transportation 
proposed above will render these forms unnecessary, and FTA will no 
longer require these data.
    There were six (6) responses to the proposed elimination of 
unnecessary reporting requirements. Four (4) commenters expressed 
support for these changes. Two (2) commenters suggested that FTA should 
consider eliminating the fleet management plan reporting requirements 
if the proposed expansion of capital asset reporting (see section G) is 
implemented. The FTA will proceed with eliminating the proposed 
reporting requirements and take the recommendation to eliminate the 
fleet management plan reporting requirement under consideration while 
making a final determination on the capital asset reporting 
recommendation (see section K).

J. Updated Guidance for Sampling of Passenger Miles--(6 comments)

    The FTA proposed to withdraw several outdated Urban Mass 
Transportation Administration (UMTA) Circulars that have remained in 
effect. In particular, FTA proposed to withdraw UMTA C2710.1A, UMTA 
C2710.2A, and UMTA C2710.4A, which relate to procedures for conducting 
statistical samples to collect passenger mile data. The FTA proposed to 
replace these Circulars with the NTD Sampling Manual, which has been in 
use as optional guidance for several years now. Withdrawing these 
outdated circulars will make the NTD Sampling Manual permanent guidance 
for procedures on sampling for passenger miles.
    In addition, FTA proposed to withdraw UMTA C2710.6 and UMTA 
C2710.7. Both are outdated circulars that have been superseded by the 
NTD Reporting Manual. The texts of these circulars, as well as the NTD 
Sampling Manual may be reviewed at www.ntdprogram.gov.
    The FTA received Six (6) comments on the updated guidance for the 
sampling of passenger miles. Three (3) comments expressed support for 
this change. Two (2) commenters asked FTA to clarify in the final 
publication of this guidance that alternative methodologies for 
sampling passenger miles would be acceptable. Specifically, one 
industry association commented ``to the extent sampling methodologies 
other than described in the NTD Sampling Manual provide comparable or 
better levels of statistical accuracy, FTA should make clear that such 
are acceptable.'' Two (2) commenters requested postponing the 
implementation of this guidance until fiscal year 2017 or fiscal year 
2018 for reporters that are already collecting data under an 
alternative methodology in their current fiscal year.
    The FTA intends to continue with the implementation of this updated 
guidance. In response to the concerns raised by commenters wishing to 
continue using an alternative sampling methodology the updated guidance 
presented in this Federal Register Notice does not preclude agencies 
from continuing to use alternative sampling methods that meet NTD 
accuracy requirements. In addition, an agency wishing to transition to 
a new sampling method provided in this guidance may request a waiver to 
extend the implementation timeline.

K. Expansion of Capital Asset Reporting--(18 comments)

    The FTA received 18 comments on the proposed expansion of Capital 
Asset Reporting. Many comments raised concerns over implementing this 
change prior to the publication of a final Transit Asset Management 
rule. FTA wants to be thoughtful and consider all comments before 
making this change and will respond to these comments in a future 
notice in the Federal Register. This proposal will not, in any case, be 
implemented for the FY 2014 NTD reporting cycle.

Therese W. McMillan,
Acting Administrator.
[FR Doc. 2015-07879 Filed 4-6-15; 8:45 am]
BILLING CODE CODE 4910-57-P



                                                                                  Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices                                           18699

                                                  Kelly Gene Eller                                        David W. Shores                                       SUMMARY:    This notice provides the
                                                                                                            Mr. Shores, 47, holds a Class A                     Federal Transit Administration’s
                                                     Mr. Eller, 50, holds an operator’s
                                                                                                          commercial driver’s license (CDL) in                  response to comments on proposed
                                                  license in North Carolina.
                                                                                                          North Carolina.                                       changes to the National Transit Database
                                                  Elliot David Fellows                                                                                          (NTD) Reporting Manual, and provides
                                                                                                          Jonathan P. Veach                                     notice that the final Reporting Manual
                                                     Mr. Fellows, 22, holds an operator’s
                                                                                                             Mr. Veach, 32, holds an operator’s                 for the 2014 Report Year is now
                                                  license in New York.
                                                                                                          license in Illinois.                                  available. The guidance changes in this
                                                  David H. Grady                                                                                                notice primarily relate to urbanized area
                                                                                                          Michael Whitman                                       transit providers.
                                                    Mr. Grady, 46, holds a Class B
                                                  commercial driver’s license (CDL) in                       Mr. Whitman, 39, holds an operator’s               DATES: Upon publication of this notice
                                                  Colorado.                                               license in New Jersey.                                the rules and guidance it describes will
                                                                                                          Richard E. Whittaker                                  become final.
                                                  Alissa Haselhorst                                                                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                             Mr. Whittaker, 44, holds a Chauffeur’s             Keith R. Gates, National Transit
                                                    Ms. Haselhorst, 27, holds an                          license in Indiana.
                                                  operator’s license in Nebraska.                                                                               Database Program Manager, FTA Office
                                                                                                          Brian David Whittington                               of Budget and Policy, (202) 366–1794, or
                                                  Nathan John Hill                                                                                              email: keith.gates@dot.gov
                                                                                                            Mr. Whittington, 48, holds a Class A
                                                     Mr. Hill, 31, holds an operator’s                    commercial driver’s license (CDL) in                  SUPPLEMENTARY INFORMATION:
                                                  license in Georgia.                                     Michigan.                                                Title: 49 U.S.C. 5335(a) and (b)
                                                                                                                                                                National Transit Database. (OMB
                                                  Jason R. Gensler                                        Scott Matchett                                        Number: 2132–0008).
                                                     Mr. Gensler, 36, holds an operator’s                    Mr. Matchett, 32, holds an operator’s                 Background: Sections 5335(a) and (b)
                                                  license in Ohio.                                        license in New York.                                  of title 49, United States Code, require
                                                                                                                                                                the Secretary of Transportation to
                                                  Thomas P. Lipyanic, Jr.                                 Request for Comments                                  maintain a reporting system, using a
                                                    Mr. Lipyanic, 49, holds a Class A                        In accordance with 49 U.S.C. 31136(e)              uniform system of accounts, to collect
                                                  commercial driver’s license (CDL) in                    and 31315(b)(4), FMCSA requests public                financial and operating information
                                                  Pennsylvania.                                           comment from all interested persons on                from the Nation’s public transportation
                                                                                                          the exemption petitions described in                  systems. Congress established the
                                                  Brian L. Lloyd                                                                                                National Transit Database (NTD) to be
                                                                                                          this notice. The Agency will consider all
                                                     Mr. Lloyd, 41, holds an operator’s                   comments received before the close of                 the repository of national transit data to
                                                  license in Ohio.                                        business May 7, 2015. Comments will                   support public transportation service
                                                                                                          be available for examination in the                   planning. The Federal Transit
                                                  Kelsey Rae Maginity                                                                                           Administration (FTA) administers the
                                                                                                          docket at the location listed under the
                                                     Ms. Maginity, 23, holds an operator’s                ADDRESSES section of this notice. The                 NTD to meet these requirements and has
                                                  license in Iowa.                                        Agency will file comments received                    collected data for over 30 years. The
                                                                                                          after the comment closing date in the                 NTD is comprised of the Annual, Rural,
                                                  Donald B. Malley
                                                                                                          public docket, and will consider them to              Monthly, and Safety modules. Each
                                                    Mr. Malley, 60, holds a Class A                       the extent practicable. In addition to late           module has a Reporting Manual, which
                                                  commercial driver’s license (CDL) in                    comments, FMCSA will also continue to                 FTA updates from time to time to
                                                  Missouri.                                               file, in the public docket, relevant                  provide new guidance to reporters. This
                                                                                                          information that becomes available after              notice provides final updates to the
                                                  Courtney Maloney
                                                                                                          the comment closing date. Interested                  Annual Reporting Manual for the 2014
                                                     Ms. Maloney, 26, holds an operator’s                 persons should monitor the public                     Report Year.
                                                  license in New York.                                    docket for new material.                                 Approximately 850 urban transit
                                                                                                                                                                systems currently report to the NTD
                                                  Amy Elizabeth Marcus                                      Issued on: April 1, 2015.
                                                                                                                                                                Annual Module. Each system provides a
                                                                                                          Larry W. Minor,
                                                     Ms. Marcus, 42, holds an operator’s                                                                        report on their sources and uses of
                                                  license in Michigan.                                    Associate Administrator for Policy.                   funds, their capital assets, the amount of
                                                                                                          [FR Doc. 2015–07909 Filed 4–6–15; 8:45 am]            service they provide and a Chief
                                                  Jonython A. Mason                                       BILLING CODE CODE 4910–EX–P                           Executive Officer (CEO) certification of
                                                     Mr. Mason, 33, holds an operator’s                                                                         the data. The reporting requirements for
                                                  license in California.                                                                                        the NTD are within the level that
                                                                                                          DEPARTMENT OF TRANSPORTATION                          received Paperwork Reduction Act
                                                  Kathy Ann Meadows
                                                                                                                                                                (PRA) approval as part of the entire NTD
                                                                                                          Federal Transit Administration
                                                    Ms. Meadows, 57, holds a Class A                                                                            PRA notice published in the Federal
                                                  commercial driver’s license (CDL) in                    [FTA Docket No. FTA–2014–0009]                        Register on November 7, 2011 (76 FR
                                                  Georgia.                                                                                                      6881) and approved by the Office of
                                                                                                          Response to Comments on Updates to                    Management and Budget (OMB) on
                                                  Devin Jamal Moffett                                     National Transit Database Annual
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                April 29, 2012.
                                                     Mr. Moffett, 23, holds an operator’s                 Information Collection                                   On August 19, 2014, FTA published
                                                  license in Georgia.                                     AGENCY:    Federal Transit Administration,            a Federal Register notice for comment
                                                                                                          DOT.                                                  on revisions to the NTD Reporting
                                                  Anthony Joseph Saive
                                                                                                                                                                Manual (79 FR 49146). That notice
                                                                                                          ACTION:Notice of Revised NTD
                                                    Mr. Saive, 29, holds a Class B                                                                              described various changes to the NTD
                                                                                                          Reporting Manual and Response to
                                                  commercial driver’s license (CDL) in                                                                          Annual Module that are taking effect
                                                                                                          Comments.
                                                  Ohio.                                                                                                         with the FY 2014 NTD Report Year. The


                                             VerDate Sep<11>2014   17:46 Apr 06, 2015   Jkt 235001   PO 00000   Frm 00114   Fmt 4703   Sfmt 4703   E:\FR\FM\07APN1.SGM   07APN1


                                                  18700                           Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices

                                                  FTA responds herein to comments on                      Response to Comments                                  B. Clarification on the Reporting of
                                                  whether, and how, agencies reporting                                                                          Contractual Relationships—(9
                                                                                                          A. Clarification for Reporting Subset
                                                  this data might experience difficulties                                                                       comments)
                                                                                                          Data on ADA Paratransit Services—(27
                                                  meeting the revised requirements.                                                                                FTA proposed to clarify that in order
                                                                                                          comments)
                                                    The updated guidance in the Annual                                                                          for service to be classified as Purchased
                                                  Reporting Manual will provide better                       FTA proposed the following guidance
                                                                                                          to improve the consistency and                        Transportation (PT), the service must
                                                  data to the NTD which is used in the                                                                          meet three criteria:
                                                  grant apportionment formulas and for                    specificity of urban transit systems’
                                                                                                                                                                   (1) The contract or agreement must
                                                  analysis of industry trends. These                      ADA data reporting. This proposed
                                                                                                                                                                provide for the buyer to be responsible
                                                  changes also implement many of the                      guidance would have only applied to
                                                                                                                                                                for the fully-allocated cost of providing
                                                  policy changes enacted in the Moving                    full reports from urbanized areas; not to
                                                                                                                                                                the service;
                                                  Ahead for Progress in the 21st Century                  rural reporting, nor to reporting under a
                                                                                                                                                                   (2) The service must be operated in
                                                  Act (MAP–21). This notice is                            small systems waiver.
                                                                                                                                                                the name of the buyer (i.e. the presence
                                                                                                             (1) Transit systems that operate
                                                  independent of the larger rulemaking                                                                          of the seller must be generally
                                                                                                          demand response services that are not
                                                  process that is underway to implement                                                                         transparent to the riding public); and,
                                                                                                          intended to fulfill the ADA paratransit
                                                  a National Transit Asset Management                                                                              (3) The seller must operate and
                                                                                                          requirements of any fixed route service
                                                  system and other FTA rulemaking                                                                               manage the service.
                                                                                                          should report that zero (0) of their                     Public transportation services that do
                                                  activities.
                                                                                                          service and operating expenses are                    not meet the above criteria may still be
                                                    FTA previously proposed 11 changes                    attributable to ADA requirements.
                                                  to NTD reporting:                                                                                             reported to the NTD. However, these
                                                                                                             (2) Transit systems that operate
                                                                                                                                                                services would instead be reported to
                                                  A. Clarification for reporting subset data              demand response services to fulfill the
                                                                                                                                                                the NTD as directly operated and would
                                                        on Americans with Disabilities Act                ADA paratransit requirements of fixed-
                                                                                                                                                                be reported by the organization that is
                                                        (ADA) paratransit services                        route service must report their unlinked
                                                                                                                                                                actually operating the service.
                                                  B. Clarification on the reporting of                    trips provided to all eligible paratransit
                                                                                                                                                                   FTA received nine (9) comments in
                                                        contractual relationships                         passengers (eligibility determined by
                                                                                                                                                                response to the clarifications on the
                                                                                                          local policy), excluding only the
                                                  C. Update the definition of the bus rapid                                                                     reporting of contractual relationships.
                                                                                                          following:
                                                        transit mode (per FTA C 5300.1                                                                          Three (3) transit providers indicated
                                                                                                             (i) Trips that are sponsored by a third
                                                        SGR Grants Program)                                                                                     that they support this clarification or
                                                                                                          party (e.g. Medicare-sponsored trips);
                                                  D. Policy change so that certain High                      (ii) Trips whose origin or destination             that their business practices are already
                                                        Occupancy Toll (HOT) lanes are no                 (or both) are outside the minimum                     in compliance with these reporting
                                                        longer fixed guideway for purposes                service (within 3⁄4 of a mile of fixed                standards. One (1) additional
                                                        of the State of Good Repair Formula               route service) area required by the ADA;              commenter believes this clarification
                                                                                                          and,                                                  may be unnecessary because any buyer/
                                                  E. Updates to the definition of                                                                               seller relationship anomalies would be
                                                        commuter service (related to                         (iii) Trips taken during times when
                                                                                                          the fixed-route system is not operating.              apparent from the type of NTD forms
                                                        Amtrak services) and allocation of                                                                      submitted by the reporter. The
                                                        data to urbanized areas                              (3) Transit systems that operate
                                                                                                          demand response services to fulfill the               remaining five (5) comments are
                                                  F. Elimination of consolidated reporting                                                                      summarized below:
                                                                                                          ADA paratransit requirements of a
                                                        in favor of Small System Waiver
                                                                                                          fixed-route service would then report                   One commenter suggests that the language
                                                        reporting.
                                                                                                          their operating expenses for such                     be changed from the fully allocated cost to
                                                  G. Clarification on consistent use of                   services as attributable to the ADA on                the market rate for providing the service;
                                                        transit system names and                          the same basis. In general, if a transit              with the market rate being defined as the rate
                                                        organization types                                system does not have an accounting                    achieved either through a competitive
                                                  H. Policy clarification allowing                                                                              procurement process or a negotiated
                                                                                                          system to track this, then it may report
                                                                                                                                                                procurement. Requiring the seller to provide
                                                        delegation of CEO certification                   on the basis of the percentage of total               complete accounting records to support the
                                                        responsibility                                    demand response trips that were                       fully allocated rate would be cumbersome
                                                  I. Elimination of unnecessary reporting                 identified as ADA trips, per the above                and could lead to unintended consequences
                                                        requirements (dropping unneeded                   criteria. That is, if ADA trips were 76               for transit agencies seeking to provide
                                                        forms)                                            percent of all demand-response mode                   purchased transportation services at the
                                                                                                          trips, then ADA operating expenses                    lowest cost.
                                                  J. Elimination of outdated Circulars
                                                        related to sampling procedures.                   would be reported as 76 percent of total                The issue presented here is that
                                                                                                          demand-response mode operating                        records must be kept to demonstrate
                                                  K. Expansion of capital asset reporting
                                                                                                          expenses.                                             that the amount paid for the purchased
                                                        required by MAP–21                                   FTA received 27 comments on the                    service is the actual cost of providing
                                                    FTA received 119 comments from 75                     clarification of the ADA Paratransit                  that service. The FTA reserves the right
                                                  sources. This notice will respond to                    Services reporting standards. Comments                to audit that claim. In general, it can be
                                                  comments on items A through J. The                      indicated that agencies have integrated               presumed that if the seller is not
                                                  FTA received a substantial number of                    ADA requirements into their demand-                   receiving funds from any source other
                                                  comments on item K, the expansion of                    response systems to such an extent that               than the buyer, then the buyer is paying
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  capital asset reporting. As FTA                         it is technically difficult for them to               the fully-allocated cost.
                                                  originally proposed that the expanded                   separate this service from their normal
                                                  asset reporting would not take effect                   operations. Their responses noted that it                A commenter from an industry association
                                                                                                                                                                suggested that final guidance should not
                                                  until at least the FY 2015 Report Year,                 would constitute a considerable burden                prohibit the identity of the seller from being
                                                  FTA is taking additional time to                        for them to report this data separately.              displayed on vehicles or uniforms. They also
                                                  consider these comments, and will                       As FTA does not wish to impose                        requested clarity on how to identify ’fully
                                                  respond to them in a future notice in the               additional reporting burden to collect                allocated costs’ of contracted service when
                                                  Federal Register.                                       this data, we withdraw this proposal.                 some services are provided by the buyer.



                                             VerDate Sep<11>2014   17:46 Apr 06, 2015   Jkt 235001   PO 00000   Frm 00115   Fmt 4703   Sfmt 4703   E:\FR\FM\07APN1.SGM   07APN1


                                                                                  Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices                                                 18701

                                                    A commenter from a transit agency also                (ROW) dedicated for transit use during                routes from being formally classified as BRT.
                                                  requested clarification on whether the name             peak periods (though other traffic may                They request that the calculation to
                                                  of the seller can be included on the vehicle            make turning movements through the                    determine separated ROW exclude segments
                                                  or advertisements.                                                                                            where a separated ROW is not necessary due
                                                                                                          separated right-of-way);                              to insignificant traffic congestion. They
                                                     FTA replies that, although the vehicle                  (2) the route has defined stations that            further recommend that the ’treatment of
                                                  used for purchased transportation must                  are accessible for persons with                       congested intersections’ criterion be
                                                  prominently display the name of the                     disabilities, offer shelter from the                  simplified to be more consistent with the
                                                  buyer, this does not preclude the name                  weather, and provide information on                   MAP–21 definition that references ‘traffic
                                                  of the seller, manufacturer or advertisers              schedules and routes;                                 signal priority for public transportation
                                                  from also being on the vehicle.                            (3) the route offers faster passenger              vehicles’. This change in definition would
                                                                                                          travel times through congested                        allow routes that utilize traffic signal priority
                                                    A commenter from a transit agency                                                                           at some but not all intersections to still be
                                                  expressed concern that the proposed change              intersections by using active signal
                                                                                                                                                                designated BRT.
                                                  would eliminate the ability to report                   priority in separated guideway, and
                                                  ridership for its program of ‘last mile’                either queue-jump lanes or active signal                While FTA has considered alternate
                                                  shuttles from its rail stations.                        priority in non-separated guideway;                   interpretations of MAP–21, including
                                                                                                             (4) the route offers short headway, bi-            these proposed by the commenters, FTA
                                                     FTA will address the specifics of this                                                                     notes that the statute has clear and
                                                                                                          directional, service that is provided for
                                                  situation directly with the reporter, but                                                                     specific requirements for separated
                                                                                                          at least a 14 hour span on weekdays and
                                                  nothing in this proposal would prevent                                                                        guideway and high-frequency service on
                                                                                                          a 10 hour span on weekends; (Short
                                                  any transit service from being reported                                                                       weekends. The FTA must follow the
                                                                                                          headway service on weekdays, consists
                                                  to the NTD and included in the formula                                                                        statutory requirements in these areas.
                                                                                                          of maximum headways that are either:
                                                  apportionment. Any transit service that
                                                                                                          15 minutes or less throughout the day;                D. Guidance for Service on HOT
                                                  cannot be reported as purchased
                                                                                                          or, 10 minutes or less during peak                    Lanes—(8 comments)
                                                  transportation could be reported to the
                                                                                                          periods and 20 minutes or less at all
                                                  NTD as a directly operated service                                                                              The FTA proposed, beginning with
                                                                                                          other times. Short headway service on
                                                  instead.                                                                                                      the Fiscal Year 2016 apportionment, to
                                                                                                          weekends consists of maximum
                                                     One commenter from a transit agency                  headways that are 30 minutes or less for              no longer consider transit service
                                                  suggested that certain demand response                  at least 10 hours for the day) and,                   operated on any HOT lane to be the
                                                  services provided by a third party should be               (5) a separate and consistent brand                same as transit service operated on an
                                                  exempt from the requirement to be operated              identity applied to stations and                      HOV lane, for purposes of the formula
                                                  in the name of the buyer. For example, some                                                                   apportionment for the High-Intensity
                                                  transit systems use car services with non-
                                                                                                          vehicles.
                                                                                                             Bus services that implement features               Motorbus Tier. Comments on this were
                                                  dedicated fleets to provide some ADA                                                                          solicited in the previously mentioned
                                                  paratransit services.                                   of bus rapid transit systems, but which
                                                                                                          do not meet all of the above criteria,                March 3, 2014, FTA Federal Register
                                                     FTA agrees and will clarify in the                   particularly corridor-based bus rapid                 Notice, C 5300.1 State of Good Repair
                                                  Reporting Manual that demand-                           transit projects, would still be reported             Grants Programs: Proposed Circular and
                                                  response taxi services need not be                      to the NTD under the fixed-route bus                  Application Instructions. Thus, while
                                                  operated in the name of the buyer.                      (MB) mode.                                            FTA did not seek additional comments
                                                     Comments received in response to                        FTA received five (5) comments in                  on the impact of this policy change on
                                                  this item did not identify any significant              response to the proposed definition of                the State of Good Repair Formula
                                                  issues preventing its implementation                    the bus rapid transit mode.                           Program, FTA did propose to continue
                                                  and FTA will proceed with publishing                                                                          to collect data on the amount of transit
                                                                                                            Two (2) commenters suggested that this
                                                  these clarifications.                                   change was premature given that Circular              service operated on HOT Lanes in the
                                                  C. Updates to Definition of the Bus                     C5300.1 is still under development and could          NTD for future use.
                                                                                                          have an impact on this definition. Both                 The FTA received eight (8) comments
                                                  Rapid Transit Mode—(5 comments)
                                                                                                          commenters suggested that these changes               in response to the guidance for service
                                                     On January 28, 2015, FTA published                   should be deferred and reconsidered after the         in HOT lanes. Five (5) commenters
                                                  a notice in the Federal Register                        circular has been completed.                          provided feedback that was not specific
                                                  finalizing Circular FTA C 5300.1 State                    The final circular was posted in the                to FTA’s request for comment on
                                                  of Good Repair Grants Programs:                         Federal Register on Wednesday,                        continuing to collect HOT lane data for
                                                  Circular and Application Instructions.                  January 28, 2015. NTD reporters need to               future use. These comments were in
                                                  In that circular FTA defines the bus                    use the published definition in order to              response to the March 3, 2014 Federal
                                                  rapid transit (BRT) mode as a service                   comply with MAP–21.                                   Register Notice on C 5300.1 and,
                                                  that meets five criteria. These criteria                                                                      therefore, will not be addressed in this
                                                  were re-published with the August 19,                      One transit system recommended the
                                                                                                          following changes to the proposed definition:
                                                                                                                                                                response.
                                                  2014 Federal Register notice to provide                 ‘‘1) Over 50 percent of the route operating in
                                                                                                                                                                  Three (3) commenters provided
                                                  additional notice to impacted parties, in               a separated ROW dedicated for transit use             feedback specific to this request for
                                                  particular with regards to changing the                 and HOV/HOT use during peak periods; and,             comment. One (1) commenter suggested
                                                  definition of the BRT Mode in the NTD.                  2) the route offers short headway, bi-                that any decisions on continuing to
                                                  However, comments on whether the                        directional, service during peak periods.’’           collect HOT lane data should be
                                                  below criteria should be used for                       They believe that the current definition              postponed until after final publication
                                                                                                          discourages partnerships that provide a
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  funding eligibility in the State of Good                                                                      of the C 5300.1 State of Good Repair
                                                  Repair Formula Program have been                        combination of BRT and high-occupancy toll            Grants Programs: Circular and
                                                  addressed through notice and comment                    or HOV services, including the U.S. 36 BRT            Application Instructions (which has
                                                                                                          in Colorado. The weekend requirement
                                                  on the circular and FTA has accepted                    would also disqualify some BRT projects or
                                                                                                                                                                now occurred). Two (2) commenters
                                                  these criteria. The five criteria are as                force unproductive weekend service.                   stated that continuing to collect HOT
                                                  follows:                                                   Another transit agency commenter                   lane data would be unnecessary and
                                                     (1) Over 50 percent of the route                     expressed concern that the change in                  burdensome if that data is no longer part
                                                  operates in a separated right-of-way                    definition will disqualify some existing BRT          of the State of Good Repair formula.


                                             VerDate Sep<11>2014   17:46 Apr 06, 2015   Jkt 235001   PO 00000   Frm 00116   Fmt 4703   Sfmt 4703   E:\FR\FM\07APN1.SGM   07APN1


                                                  18702                           Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices

                                                  Both requested that FTA discontinue                     allocate service data amongst the UZAs                required to do the annual audits that are
                                                  collecting this data.                                   they serve according to a reasonable                  required of full reporters. Thus, FTA
                                                    FTA has considered the feedback                       methodology based on the service                      concludes that concerns about excess
                                                  regarding the burden of collecting HOT                  provided.                                             reporting burden and auditing
                                                  lane data and agrees that this reporting                                                                      requirements are based on an
                                                  burden should be minimized. FTA thus                    F. Proposed Elimination of Consolidated
                                                                                                                                                                incomplete understanding of the
                                                  amends its proposal to only collect data                Reporting and Update of Small Systems
                                                                                                                                                                requirements.
                                                  on HOT lane directional route miles.                    Waiver Reporting—(25 comments)                           In response to the concerns regarding
                                                  Data on HOT lane directional route                         The FTA proposes to eliminate                      reporting of passenger miles, small
                                                  miles used in transit service will                      consolidated reports and have all                     systems still have the option of
                                                  continue to provide important baseline                  urbanized area transit providers report               submitting full NTD reports, with
                                                  data for policy makers, and these data                  directly to the NTD. Currently there are              passenger miles, if they believe this will
                                                  can be collected with a minimum of                      fewer than 10 consolidated reporters in               have a significant impact on formula
                                                  reporting burden. However, FTA will                     the NTD. Consolidated reporting makes                 funding for their urbanized areas. FTA
                                                  discontinue collecting data on vehicle                  it difficult to validate and assure the               has evaluated this impact for
                                                  revenue miles driven on those HOT                       accuracy of NTD data. It complicates                  consolidated reporters, all of which are
                                                  lanes.                                                  NTD data presentation and makes it                    in urbanized areas with populations of
                                                                                                          harder to use the NTD to answer basic                 greater than 200,000. Only 5.6 percent
                                                  E. Updates to the Definition of                         questions about the transit industry.                 of Urbanized Area Formula funds (5307)
                                                  Commuter Service and Allocation of                         The FTA received 25 comments on                    and 8 percent of Bus and Bus Facilities
                                                  Data Attributable to an Urbanized Area                  the proposal to eliminate consolidated                funds (5339) are apportioned based on
                                                  (UZA)—(5 comments)                                      reporting and update the small systems                passenger miles. Consolidated reporters
                                                     The definition of Public                             waiver reporting. All commenters were                 are all relatively small operators and so
                                                  Transportation at 49 U.S.C. 5302                        opposed to the elimination of                         generate only a small portion of the
                                                  specifically excludes intercity passenger               consolidated reporting. Fifteen (15)                  passenger miles in their urbanized
                                                  rail operated by Amtrak, and also                       stated that eliminating consolidated                  areas. The FTA finds that the impact of
                                                  intercity bus service. The FTA proposed                 reporting would be administratively                   their not reporting those miles on total
                                                  to amend the definition of public                       burdensome for the small agencies that                funding for those areas is quite small.
                                                  transportation in the NTD Reporting                     are currently part of consolidated                       The FTA recognizes that the proposed
                                                  Manual to implement this definition,                    reports. Eleven (11) stated that the cost             timeline may cause a hardship to some
                                                  and to clarify the distinction between                  of an individual audit to verify their                reporters and will work with
                                                  commuter and intercity services.                        individual NTD submission would be                    consolidated reporter agencies to
                                                     The FTA also proposed to clarify the                 cost prohibitive. Eight (8) commenters                transition them to individual reporters
                                                  instructions in the Reporting Manual                    expressed concerns that small agencies                over a 2 year period using data waivers
                                                  regarding the allocation of transit                     that would no longer be eligible for a                and extensions as necessary. FTA also
                                                  service between multiple areas. Transit                 consolidated reporting would also no                  will provide training as the comments
                                                  service classified as commuter service                  longer be required to report passenger                we received show that many of these
                                                  that connects one or more urbanized                     miles. This reduction in passenger miles              agencies do not understand the reduced
                                                  areas or that connects rural areas with                 reporting would impact the overall                    reporting requirements and process.
                                                  one or more urbanized areas must be                     formula funding for the UZA. Eight (8)                Additionally, FTA wants to emphasize
                                                  allocated to the urbanized area that is                 commenters expressed concerns over                    that any large transit system that
                                                  primarily being served. Each transit                    the timeline to implement this change                 currently sponsors a consolidated report
                                                  agency may determine what proportion                    and requested extensions between 6                    may continue to fill out NTD Report
                                                  of service to allocate to each urbanized                months and 1 year. Finally, eight (8)                 Forms on behalf of reporters filing with
                                                  area according to a reasonable                          commenters requested that, should                     reduced reporting requirements. The
                                                  methodology.                                            consolidated reporting be eliminated,                 FTA also will consider adjusting the
                                                     The FTA received five (5) comments                   the threshold for a small systems waiver              limit for small systems, currently at 30
                                                  in response to the proposed update to                   should be increased from 30 vehicles to               or fewer vehicles in maximum operating
                                                  the definition of commuter service and                  50 vehicles.                                          service, at some point in the future.
                                                  allocation of data attributable to an                      The FTA has taken into consideration
                                                  urbanized area. One (1) commenter                       comments provided by the industry, but                G. Clarification on Consistent Use of
                                                  stated that these updates would not                     does not agree that eliminating                       Transit System Names and Organization
                                                  impact their current reporting practices.               consolidated reporting will be more                   Types—(3 comments)
                                                  The remaining four (4) comments all                     burdensome. Virtually all consolidated                   The FTA proposed that the name and
                                                  requested that FTA continue its current                 reporters are small systems (30 or fewer              organization type on the B–10 form
                                                  practice of allowing agencies to                        vehicles) and will qualify for reduced                must now match the total revenues and
                                                  determine how service is allocated                      reporting (formerly called small systems              total expenses reported on the F forms.
                                                  amongst the UZAs they serve.                            waiver reporting). As part of a                          The FTA received three (3) comments
                                                     The comments on these proposed                       consolidated report these systems are                 in response to this clarification. One (1)
                                                  updates were solely concerned with the                  currently providing data for a full NTD               commenter stated that this will not
                                                  allocation of service data amongst the                  report which requires significantly more              impact their current reporting. One (1)
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  UZAs being served by commuter                           effort. For example, reduced reporting                commenter reiterated a concern over
                                                  service. FTA wishes to clarify that the                 does not require sampling for average                 administrative burden for small
                                                  proposed updates will not impact the                    trip length, an expensive and time-                   agencies if the consolidated reporting is
                                                  ability for transit agencies to continue                consuming process. In addition, small                 eliminated. This concern has been
                                                  with their current methodology for                      systems filing reduced reports are only               addressed in section F of this notice and
                                                  determining how service data is                         required to do an audit of their                      will not be further addressed here.
                                                  allocated amongst the UZAs they serve.                  accounting capabilities once within                      The final comment expressed a
                                                  A transit agency may continue to                        their first year of reporting. They are not           concern that reporters to the NTD would


                                             VerDate Sep<11>2014   17:46 Apr 06, 2015   Jkt 235001   PO 00000   Frm 00117   Fmt 4703   Sfmt 4703   E:\FR\FM\07APN1.SGM   07APN1


                                                                                  Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices                                                 18703

                                                  have to report non-transit costs to the                 I. Elimination of Unnecessary Reporting               Manual may be reviewed at
                                                  NTD.                                                    Requirements—(6 comments)                             www.ntdprogram.gov.
                                                    The FTA does not intend to collect                       In its ongoing efforts to streamline                  The FTA received Six (6) comments
                                                  data on non-transit services. However, it               NTD reporting requirements and to                     on the updated guidance for the
                                                  may be necessary to appropriately                       eliminate unnecessary data collection                 sampling of passenger miles. Three (3)
                                                  indicate the size of non-transit costs in               FTA proposed to eliminate the                         comments expressed support for this
                                                  order to ensure that the NTD report can                 requirement for rail systems to report                change. Two (2) commenters asked FTA
                                                  be reconciled with a reporter’s                         vehicle revenue miles, vehicle revenue                to clarify in the final publication of this
                                                  published financial statements.                         hours, unlinked passenger trips, and                  guidance that alternative methodologies
                                                                                                          passenger miles traveled for morning                  for sampling passenger miles would be
                                                  H. Policy Clarification Allowing                        peak and evening peak periods. The                    acceptable. Specifically, one industry
                                                  Delegation of Chief Executive Officer                   FTA is no longer using these data and                 association commented ‘‘to the extent
                                                  (CEO) Certification Responsibility—(6                   has determined that this data collection              sampling methodologies other than
                                                  comments)                                               is unnecessary. This will align the                   described in the NTD Sampling Manual
                                                                                                          service data reporting requirements for
                                                     The FTA proposed to formally allow                                                                         provide comparable or better levels of
                                                                                                          rail modes with other modes.
                                                  the CEO (or equivalent officer) to                                                                            statistical accuracy, FTA should make
                                                                                                             The FTA also proposed to eliminate
                                                  delegate those duties to another                        the B–60 and B–70 forms for identifying               clear that such are acceptable.’’ Two (2)
                                                  individual within the organization. This                funds passed from one public entity to                commenters requested postponing the
                                                  delegation would be indicated by                        another public entity. The clarifications             implementation of this guidance until
                                                  submission of a delegation letter, signed               to the reporting of purchased                         fiscal year 2017 or fiscal year 2018 for
                                                  by the CEO on organization letterhead,                  transportation proposed above will                    reporters that are already collecting data
                                                  naming the individual who will act in                   render these forms unnecessary, and                   under an alternative methodology in
                                                  the CEO’s name for this purpose.                        FTA will no longer require these data.                their current fiscal year.
                                                     The FTA received six (6) responses to                   There were six (6) responses to the                   The FTA intends to continue with the
                                                  this clarification. Three (3) commenters                proposed elimination of unnecessary                   implementation of this updated
                                                  supported or expressed that this                        reporting requirements. Four (4)                      guidance. In response to the concerns
                                                  clarification would not impact their                    commenters expressed support for these                raised by commenters wishing to
                                                  current reporting. One (1) individual                   changes. Two (2) commenters suggested                 continue using an alternative sampling
                                                  expressed concern that his transit                      that FTA should consider eliminating                  methodology the updated guidance
                                                  system, which has no direct employees,                  the fleet management plan reporting                   presented in this Federal Register
                                                  and is run by a Board of Commissioners,                 requirements if the proposed expansion                Notice does not preclude agencies from
                                                  would have difficulty complying with                    of capital asset reporting (see section G)
                                                                                                                                                                continuing to use alternative sampling
                                                  this requirement. The remaining two (2)                 is implemented. The FTA will proceed
                                                                                                                                                                methods that meet NTD accuracy
                                                                                                          with eliminating the proposed reporting
                                                  commenters were seeking additional                                                                            requirements. In addition, an agency
                                                                                                          requirements and take the
                                                  clarification on this policy. The first                                                                       wishing to transition to a new sampling
                                                                                                          recommendation to eliminate the fleet
                                                  requested FTA guidance on the extent to                                                                       method provided in this guidance may
                                                                                                          management plan reporting requirement
                                                  which certification would be considered                                                                       request a waiver to extend the
                                                                                                          under consideration while making a
                                                  a ’public record’ under FOIA. The                       final determination on the capital asset              implementation timeline.
                                                  second was seeking clarification on the                 reporting recommendation (see section
                                                  impact this would have on the                                                                                 K. Expansion of Capital Asset
                                                                                                          K).                                                   Reporting—(18 comments)
                                                  individual provided with the delegation
                                                  of the CEO submission. Specifically, is                 J. Updated Guidance for Sampling of
                                                                                                                                                                   The FTA received 18 comments on
                                                  the delegate also responsible for data                  Passenger Miles—(6 comments)
                                                                                                                                                                the proposed expansion of Capital Asset
                                                  issues or concerns?                                       The FTA proposed to withdraw                        Reporting. Many comments raised
                                                     First, this is an option for reporters,              several outdated Urban Mass                           concerns over implementing this change
                                                  not a requirement. It does not require                  Transportation Administration (UMTA)                  prior to the publication of a final Transit
                                                  any change in current certification                     Circulars that have remained in effect.               Asset Management rule. FTA wants to
                                                  procedures. Our intent is to expedite                   In particular, FTA proposed to                        be thoughtful and consider all
                                                  submission of reports at agencies where                 withdraw UMTA C2710.1A, UMTA                          comments before making this change
                                                  it is difficult for the CEO to schedule                 C2710.2A, and UMTA C2710.4A, which
                                                                                                                                                                and will respond to these comments in
                                                  time to submit the report by allowing                   relate to procedures for conducting
                                                                                                                                                                a future notice in the Federal Register.
                                                  delegation of this task. Although the                   statistical samples to collect passenger
                                                                                                          mile data. The FTA proposed to replace                This proposal will not, in any case, be
                                                  CEO can have subordinates certify the                                                                         implemented for the FY 2014 NTD
                                                                                                          these Circulars with the NTD Sampling
                                                  report, the CEO remains, ultimately,                                                                          reporting cycle.
                                                                                                          Manual, which has been in use as
                                                  responsible for the accuracy of the data
                                                                                                          optional guidance for several years now.              Therese W. McMillan,
                                                  submitted. All NTD documents will
                                                                                                          Withdrawing these outdated circulars                  Acting Administrator.
                                                  continue to be public records subject to
                                                                                                          will make the NTD Sampling Manual
                                                  Federal and State Freedom of                                                                                  [FR Doc. 2015–07879 Filed 4–6–15; 8:45 am]
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          permanent guidance for procedures on
                                                  Information Act (FOIA) laws.                            sampling for passenger miles.                         BILLING CODE CODE 4910–57–P
                                                     The comments received on this item                     In addition, FTA proposed to
                                                  did not identify any significant issues                 withdraw UMTA C2710.6 and UMTA
                                                  with its implementation and FTA will                    C2710.7. Both are outdated circulars
                                                  proceed with allowing delegation of                     that have been superseded by the NTD
                                                  CEO certification responsibility as                     Reporting Manual. The texts of these
                                                  proposed.                                               circulars, as well as the NTD Sampling


                                             VerDate Sep<11>2014   17:46 Apr 06, 2015   Jkt 235001   PO 00000   Frm 00118   Fmt 4703   Sfmt 9990   E:\FR\FM\07APN1.SGM   07APN1



Document Created: 2018-02-21 10:05:06
Document Modified: 2018-02-21 10:05:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Revised NTD Reporting Manual and Response to Comments.
DatesUpon publication of this notice the rules and guidance it describes will become final.
ContactKeith R. Gates, National Transit Database Program Manager, FTA Office of Budget and Policy, (202) 366- 1794, or email: [email protected]
FR Citation80 FR 18699 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR