82_FR_50136 82 FR 49929 - National Transit Database Reporting Changes and Clarifications

82 FR 49929 - National Transit Database Reporting Changes and Clarifications

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 82, Issue 207 (October 27, 2017)

Page Range49929-49932
FR Document2017-23380

This notice provides information on proposed changes and clarifications to the National Transit Database (NTD) reporting requirements. All proposed changes and clarifications are proposed to be effective for report year 2017 (beginning in September 2017).

Federal Register, Volume 82 Issue 207 (Friday, October 27, 2017)
[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Pages 49929-49932]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23380]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2017-0010]


National Transit Database Reporting Changes and Clarifications

AGENCY: Federal Transit Administration, DOT.

ACTION: Request for Comments.

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SUMMARY: This notice provides information on proposed changes and 
clarifications to the National Transit Database (NTD) reporting 
requirements. All proposed changes and clarifications are proposed to 
be effective for report year 2017 (beginning in September 2017).

DATES: Comments are due by December 26, 2017. FTA will consider late 
comments to the extent practicable.

ADDRESSES: Please identify your submission by Docket Number (FTA-2017-
0010) through one of the following methods:
     Federal eRulemaking Portal: Submit electronic comments and 
other data to http://www.regulations.gov.
     U.S. Mail: Send comments to Docket Operations; U.S. 
Department of Transportation, 1200 New Jersey Avenue SE., West Building 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in

[[Page 49930]]

Room W12-140 of the West Building, Ground Floor, at 1200 New Jersey 
Avenue SE., Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday 
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations, U.S. Department of 
Transportation, at (202) 493-2251.
    Instructions: You must include the agency name (Federal Transit 
Administration) and Docket Number (FTA-2017-0010) for this notice, at 
the beginning of your comments. If sent by mail, submit two copies of 
your comments. Due to security procedures in effect since October 2001, 
mail received through the U.S. Postal Service may be subject to delays. 
Parties submitting comments should consider using an express mail firm 
to ensure their prompt filing of any submissions not filed 
electronically or by hand. If you wish to receive confirmation that FTA 
received your comments, you must include a self-addressed stamped 
postcard. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided. You 
may review U.S. DOT's complete Privacy Act Statement published in the 
Federal Register on April 11, 2000, at 65 FR 19477-8 or http://DocketsInfo.dot.gov.
    Electronic Access and Filing: This document and all comments 
received may be viewed online through the Federal eRulemaking portal at 
http://www.regulations.gov. Electronic submission and retrieval help 
and guidelines are available on the Web site. It is available 24 hours 
each day, 365 days a year. Please follow the instructions. An 
electronic copy of this document may also be downloaded from the Office 
of the Federal Register's home page at https://www.federalregister.gov.

FOR FURTHER INFORMATION CONTACT: Maggie Schilling, National Transit 
Database Program Manager, FTA Office of Budget and Policy, (202) 366-
2054 or [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

A. Background and Overview
B. Clarifications on Reporting Requirements Related to the Transit 
Asset Management Program Rule Published in July 2016
    a. Establishes a Definition of Capital Responsibility
    b. Clarifies Reporting Deadlines for New Assets
    c. Adds Non-Revenue Service/Yard Track and Total Track Without 
Capital Replacement Responsibility Category
C. Additional Guidance on Reportable Safety Events
D. Clarification on Reporting Requirements for Job Access and 
Reverse Commute (JARC) Fund Recipients
E. Guidance on Distinguishing Between Commuter and Intercity Service
F. Change to Reporting Requirements for Non-Rail, For-Profit 
Providers of Public Transportation Reporting Directly to the NTD
G. Clarification of Major Mechanical System Failures and Other 
Mechanical System Failures Definitions

A. Background and Overview

    The National Transit Database (NTD) was established by Congress to 
be the Nation's primary source for information and statistics on the 
transit systems of the United States. Recipients and beneficiaries of 
grants from the Federal Transit Administration (FTA) under the 
Urbanized Area Formula Grants Program (Sec.  5307) or Other than 
Urbanized Area (Rural) Formula Program (Sec.  5311) are required to 
submit data to the NTD. Additionally, all other recipients of grants 
from FTA that own, operate, or manage assets used in public 
transportation are required to report data related to their asset 
inventory, condition assessments, and state of good repair performance 
targets data to the NTD.
    In July 2012, the Moving Ahead for Progress in the 21st Century Act 
(MAP-21) amended Sec.  5335 authorizing the collection of an expanded 
asset inventory and condition information through the NTD. The updated 
asset inventory and condition reporting requirements were published in 
the Federal Register in July 2016.
    The final NTD asset inventory reporting guidance specifies that 
service vehicles and administrative or maintenance facilities are 
reportable if the agency has full or partial capital responsibility for 
the asset; however, the updated guidance did not define capital 
responsibility as it relates to the NTD reporting requirements. This 
notice corrects that oversight and clarifies the term capital 
responsibility. It also provides clarification on when a new asset is 
reportable to the NTD and proposes additional granularity to track 
reporting.
    In addition, FTA is seeking comment on five additional pieces of 
proposed guidance for inclusion in the NTD Reporting Manual. First is 
an update to the definition of a reportable event for monthly safety 
reporting. Second is a clarification on reporting requirements for 
recipients of JARC funds. Third is additional guidance on 
distinguishing between commuter and intercity service. Fourth is an 
adjustment to the reporting requirements for non-rail, for-profit 
providers of public transportation. Fifth is a proposed update to the 
definition of major mechanical system failures and other mechanical 
system failures and solicits comment on improvements to these data 
points. The solicitation for comment on improvements to the mechanical 
system failures data points are for information only purposes, but may 
be used to inform a future notice. These changes are discussed in 
greater detail in the sections following.
    All proposed changes and clarifications will be effective for 
report year 2017, that begins in September 2017.

B. Clarifications on Reporting Requirements Related to the Transit 
Asset Management Program Rule Published in July 2016

    (a) Beginning in report year 2018, all NTD reporters are required 
to report additional asset inventory information with their annual 
report. The guidance published with the final asset inventory reporting 
requirements specified that service vehicles and administrative or 
maintenance facilities are reportable if the agency has full or partial 
capital responsibility for the asset; however, the guidance did not 
specifically define capital responsibility.
    FTA is proposing that for purposes of the NTD Report, an agency has 
direct capital responsibility for an asset if any of the following are 
true:
    1. The agency owns the asset,
    2. the agency jointly owns the asset with another entity, or
    3. The agency is responsible for replacing, overhauling, 
refurbishing or conducting major repairs on an asset, or the cost of 
those activities are itemized as a capital line item in their budget.
    Performing minimal preventive maintenance work on an asset, like 
cleaning, does not in itself indicate direct capital responsibility for 
the asset. An infrastructure asset itemized as a capital line item in 
the budget does not necessarily mean an agency has direct capital 
responsibility; an agency must also have management or oversight 
responsibilities for the line item project.
    (b) The guidance published with the final asset inventory reporting 
requirements did not clearly state when an asset that is under 
construction or final assembly becomes reportable to the NTD. FTA is 
proposing that an agency is required to report a new asset to the NTD 
asset inventory in the fiscal year that the agency begins using the 
asset for public transportation service. Agencies would not be required 
to report assets that are being assembled, nor those assets under 
construction, nor assets that are in testing.

[[Page 49931]]

    (c) The new track inventory form, which will be implemented in 
report year 2018, includes two track types: Tangent and curve. Agencies 
are asked to report a sum of all track in these two categories. The 
guidance does not indicate whether non-revenue or yard track should be 
included in these two categories. It also does not allow agencies to 
separate out the total track without capital replacement 
responsibility. To clarify the reporting requirement and ensure that 
the Transit Asset Management (TAM) Program infrastructure performance 
restrictions metric (% of track segments under performance restriction) 
only includes track used in revenue service for which an agency has 
capital replacement responsibility, FTA is proposing the addition of 
two additional track categories. Under this proposal, agencies would 
report: (1) Total in-service tangent track, (2) total in-service curved 
track and (3) total non-revenue/yard track (includes all non-revenue/
yard track regardless of capital replacement responsibility) and (4) 
total in-service track with no capital replacement responsibility. The 
TAM performance restriction calculation would exclude all track in the 
third and fourth categories. In addition to these four categories, 
agencies would also report total track under performance restriction. 
This number would be used with the total in-service track minus the 
total in-service track with no capital replacement responsibility to 
calculate the percent of track segments under performance restriction.

C. Additional Guidance on Reportable Safety Events

    FTA is proposing the following update to a reportable safety event. 
Although FTA is not changing the thresholds for a reportable event, FTA 
is clarifying the sorts of locations where a reportable event may 
occur. The primary change is the addition of safety reporting for 
events occurring on transit infrastructure. For example, a substation 
may not be part of the transit right-of-way, but FTA has always 
intended that a safety event occurring at a substation outside the 
right-of-way should be reportable. The current definition can be found 
in the 2016 NTD Safety Reporting Manual found on the NTD Web site: 
www.transit.dot.gov/ntd.
    The proposed definition of a reportable safety event is below:
    A safety or security event occurring:

--On transit right-of-way or infrastructure
--at a transit revenue facility
--at a maintenance facility or rail yard
--during a transit-related maintenance activity, or
--involving a transit revenue vehicle
    Excluded from this event reporting requirement are:
--Events that occur off transit property where affected persons, 
vehicles, or objects come to rest on transit property after the event
--occupational safety events occurring in administrative buildings
--deaths that are a result of illness or other natural causes, outside 
of a reportable event
--other events (assault, robbery, non-transit vehicle collisions etc.) 
occurring at bus stops or shelters that are not on transit-controlled 
property
--collisions that occur while travelling to or from a transit-related 
maintenance activity
--collisions involving a supervisor car, or other transit service 
vehicle operating on public roads

D. Clarifications on Reporting Requirements for JARC Recipients

    Prior to 2012, the JARC Program was a stand-alone grant program 
which did not carry an NTD reporting requirement. MAP-21, however, 
repealed the JARC Program as a stand-alone program, and instead made 
JARC projects eligible activities under the Urbanized Area Formula 
Program and the Rural Areas Formula Program. All recipients and 
beneficiaries of these programs are required to report to the NTD, 
however, FTA does not currently provide any guidance on reporting 
requirements for recipients and subrecipients of the programs that only 
support JARC projects, and which do not provide any public 
transportation services.
    FTA is proposing to exempt from NTD reporting any subrecipient that 
only receives FTA money for 5307 or 5311 funded JARC projects, and does 
not have any transit operating or capital expenses from any funding 
source.

E. Guidance on Distinguishing Between Commuter and Intercity Service

    The definition of public transportation at 49 U.S.C 5302 excludes 
intercity passenger rail operated by Amtrak and intercity bus service. 
In a Federal Register Notice published on Tuesday, August 19, 2014 
(FTA-2014-0006), FTA provided additional guidance on the definitions of 
commuter rail and commuter bus and established that service provided by 
these modes could be considered public transportation, and not 
intercity transportation, if at least 50% of passengers make a return 
trip on the same day across all service runs for one year.
    FTA reviews all requests to report new service to the NTD, as 
services excluded from the definition of public transportation are not 
permitted to report to the NTD on a voluntary basis. When FTA deems it 
necessary, it will require the agency to conduct a passenger survey 
test of whether 50% of passengers are making a return trip on the same 
day. However, FTA proposes that such a survey must meet the following 
requirements:
    1. The agency must conduct the survey over a 12-month period, to 
account for seasonal variations in passenger behavior.
    2. The agency must include the entire length of each route in the 
survey.
    3. The survey must determine that at least 50% of passengers on 
each route make a return trip on the same day, with 95% confidence.
    4. A qualified statistician must approve the survey/sampling 
methodology and certify that the results give the required level of 
confidence.
    If at least 50% of all passengers surveyed on a route made a return 
trip on the same day, or reported their intention to do so, then FTA 
will permit the agency to report that route to the NTD.
    Current NTD reporting guidance does not address the questions of 
commuter vs intercity service for ferryboats. Although all ferryboats 
that permit walk-on passengers are included in the definition of public 
transportation, the NTD Reporting Manual only allows ferryboat service 
outside the boundaries of an urbanized area to be deemed 
``attributable'' to that urbanized area for commuter ferryboat 
services. Intercity ferryboat services are not permitted to deem their 
service outside the boundaries of an urbanized area as attributable to 
that area. Thus, FTA is proposing a uniform use of the 50% same day 
return trip policy to determine whether Ferryboat (FB) service is 
commuter or intercity for the purposes of inclusion in NTD. In 
addition, FTA is proposing a requirement for all new commuter rail, 
commuter bus or ferryboat service to survey for routes with a maximum 
one-way trip time exceeding 90 minutes to establish that at least 50% 
of all passengers on the route made a return trip on the same day. For 
new commuter rail, commuter bus, or ferryboat routes being proposed for 
reporting to the NTD, FTA may, at its discretion, presume that those 
with 100% one-way trip times of 90 minutes or less are commuter 
services, without requiring a passenger survey.

[[Page 49932]]

F. Change to Reporting Requirements for Non-Rail For-Profit Providers 
of Public Transportation

    FTA currently has 18 non-rail, for-profit providers of public 
transportation that report directly to the NTD. One of these reporters 
raised the concern that providing the detailed financial information 
required of full reporters to the NTD may compromise their ability to 
successfully compete for business. They requested that FTA consider 
reducing the financial reporting requirements for for-profit providers 
to mirror those of reduced reporters to address their concern. FTA is 
seeking comment on the proposal to allow non-rail, for-profit providers 
of public transportation the option to report to the NTD as a reduced 
reporter. Of the 18 non-rail, for-profit providers referenced above, 
ten already meet the current reduced reporting threshold. This proposal 
would provide the flexibility to report as a reduced reporter for the 
remaining 8 agencies.
    As a reduced reporter, these agencies would no longer be required 
to report passenger miles traveled (PMT). Such data previously reported 
by these agencies would not be available for use in the Urbanized Area 
Formula (UAF) apportionment. If the local urbanized area has more than 
200,000 in population, this may reduce their local urbanized area's UAF 
apportionment. If the local urbanized area has fewer than 200,000 in 
population, this may impact the local urbanized area's eligibility for 
Small Transit Intensive Cities (STIC) funds in the UAF apportionment.
    FTA would amend current reporting forms to allow ferry providers to 
continue to report fixed guideway directional route miles (DRM) or 
fixed guideway vehicle revenue miles (VRM) for continued use in the 
State of Good Repair Formula Apportionment.

G. Clarification of Mechanical System Failures Definitions

    FTA has received feedback from the transit industry that the 
current definitions of major mechanical system failures and other 
mechanical system failures do not provide sufficient detail or clarity 
to allow for a useful analysis of the data. This information is 
currently collected from each agency by mode. The current definitions 
can be found in the 2017 NTD Policy Manual or the glossary on the NTD 
Web site: www.transit.dot.gov/ntd. Major mechanical system failures and 
other mechanical system failures are only reported by full reporters to 
the NTD; reduced reporters and capital asset-only reporters do not 
currently report these data.
    To improve current reporting guidance, FTA proposes adding language 
specifically excluding failures caused by collision, natural disaster, 
or vandalism to the current definitions. FTA seeks comment on this 
proposed change. The amended definitions are below:
    Proposed definition of major mechanical system failure:
    A failure of some mechanical element of the revenue vehicle that is 
not caused by a collision, natural disaster, or vandalism and prevents 
the vehicle from completing a scheduled revenue trip or from starting 
the next scheduled revenue trip because actual movement is limited or 
the vehicle is unsafe.
    Proposed definition of other mechanical system failure:
    A failure of some other mechanical element of the revenue vehicle 
that is not caused by a collision, natural disaster, or vandalism, but, 
because of local agency policy, prevents the revenue vehicle from 
completing a scheduled revenue trip or from starting the next scheduled 
revenue trip even though the vehicle is physically able to continue in 
revenue service.
    In addition to the proposed definition changes, FTA seeks 
additional feedback on the current utility of the major mechanical 
system failures and other mechanical system failures data points. As an 
example, one of the primary concerns expressed to FTA by stakeholders 
is that the current definition of other mechanical system failures 
cannot be used for comparative purposes because it is heavily dependent 
on local policy decisions. FTA would like to improve the utility of 
these data points to: (1) Inform transit stakeholders on mechanical 
performance; (2) allow for better comparative analysis of the data; 
and, (3) provide better insight on transit state of good repair. At 
this time, FTA is not formally proposing changes to these data points 
beyond the definition adjustments addressed above; however, two 
scenarios are outlined below. FTA welcomes input from stakeholders on 
these scenarios and welcomes additional direction on how these data 
points may be adjusted to best accomplish the stated goals.
    Input received from this notice may be used to inform a future 
proposal to adjust the definition or collection method of these data 
points.
    The scenarios described below are for public comment only. At this 
time, FTA is not formally proposing these changes.
    FTA seeks feedback on the following scenarios:
    (1) Collection of the major mechanical system failures by fleet 
rather than by mode. This would improve the granularity of the major 
mechanical systems failure data by collecting the information at the 
vehicle fleet level. It would provide a more robust and granular data 
set for major mechanical system failures and allow stakeholders to look 
at mechanical failure data by vehicle type. However, improving the 
granularity of the data could also increase the reporting burden for 
some agencies. To help offset this increase, FTA asks stakeholders to 
consider discontinuing the collection of other mechanical system 
failures.
    (2) Adjust the definition of other mechanical system failure to the 
following: All non-major failures of a mechanical element of the 
revenue vehicle requiring a work order that are not caused by a 
collision, natural disaster, or vandalism.
    This adjustment would provide a more standard and comprehensive 
look at the other mechanical system failures data. The new definition 
would allow for better comparison across transit agencies by focusing 
the outcome of this data point on a system failure rather than a local 
policy decision to remove the vehicle from service.
    In addition to the scenarios discussed above, FTA welcomes 
additional comment and input on how these data points may be adjusted 
to benefit the transit industry and transit stakeholders. FTA 
specifically requests that agencies provide comment on the anticipated 
impact on reporting burden for the scenarios above as well as the 
anticipated reporting burden for any additional suggestions provided to 
improve the utility of these data points.

K. Jane Williams,
Acting Administrator.
[FR Doc. 2017-23380 Filed 10-26-17; 8:45 am]
BILLING CODE P



                                                                                  Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices                                               49929

                                                    2016. FMCSA evaluated the medical                       report within two business days of                    Peter R. Meyer (WA)
                                                    records provided by Mr. Banks and                       occurrence, all episodes of severe                    Andrew R. Morris (WA)
                                                    determined that granting him an                         hypoglycemia, significant                             Timothy A. Parks, Jr. (MD)
                                                    exemption would achieve an equivalent                   complications, or inability to manage                 Dennis Pitt (NY)
                                                    or greater level of safety than would be                diabetes; also, any involvement in an                 Antonio R. Ragin (CT)
                                                    achieved without granting him an                        accident or any other adverse event in                Matthew Reynolds (PA)
                                                    exemption.                                              a CMV or personal vehicle, whether or                 Robert G. Smith (MA)
                                                                                                            not it is related to an episode of                    Patricia M. Spurgeon (NY)
                                                    IV. Basis for Exemption Determination                                                                         Robert M. Sypolt (WV)
                                                                                                            hypoglycemia; (3) each driver must
                                                       Under 49 U.S.C. 31136(e) and 31315,                  provide a copy of the ophthalmologist’s               Brandon R. Wedding (OR)
                                                    FMCSA may grant an exemption from                       or optometrist’s report to the Medical                  In accordance with 49 U.S.C. 31136(e)
                                                    the diabetes standard in 49 CFR                         Examiner at the time of the annual                    and 31315, each exemption will be valid
                                                    391.41(b)(3) if the exemption is likely to              medical examination; and (4) each                     for two years from the effective date
                                                    achieve an equivalent or greater level of               driver must provide a copy of the                     unless revoked earlier by FMCSA. The
                                                    safety than would be achieved without                   annual medical certification to the                   exemption will be revoked if the
                                                    the exemption. The exemption allows                     employer for retention in the driver’s                following occurs: (1) The person fails to
                                                    the applicants to operate CMVs in                       qualification file, or keeping a copy in              comply with the terms and conditions
                                                    interstate commerce.                                    his/her driver’s qualification file if he/            of the exemption; (2) the exemption has
                                                       The Agency’s decision regarding these                she is self-employed. The driver must                 resulted in a lower level of safety than
                                                    exemption applications is based on the                  also have a copy of the exemption when                was maintained prior to being granted;
                                                    program eligibility criteria and an                     driving, for presentation to a duly                   or (3) continuation of the exemption
                                                    individualized assessment of                            authorized Federal, State, or local                   would not be consistent with the goals
                                                    information submitted by each                           enforcement official.                                 and objectives of 49 U.S.C. 31136(e) and
                                                    applicant.                                                                                                    31315.
                                                       These 41 applicants have had ITDM                    VI. Preemption
                                                                                                                                                                    Issued on: October 18, 2017.
                                                    over a range of 1 to 27 years. These                       During the period the exemption is in
                                                    applicants report no severe                                                                                   Larry W. Minor,
                                                                                                            effect, no State shall enforce any law or             Associate Administrator for Policy.
                                                    hypoglycemic reactions resulting in loss                regulation that conflicts with this
                                                    of consciousness or seizure, requiring                                                                        [FR Doc. 2017–23347 Filed 10–26–17; 8:45 am]
                                                                                                            exemption with respect to a person
                                                    the assistance of another person, or                    operating under the exemption.                        BILLING CODE 4910–EX–P
                                                    resulting in impaired cognitive function
                                                    that occurred without warning                           VII. Conclusion
                                                    symptoms, in the past 12 months and no                    Based upon its evaluation of the 41                 DEPARTMENT OF TRANSPORTATION
                                                    recurrent (two or more) severe                          exemption applications, FMCSA
                                                    hypoglycemic episodes in the past five                                                                        Federal Transit Administration
                                                                                                            exempts the following drivers from the
                                                    years. In each case, an endocrinologist                 diabetes requirement in 49 CFR                        [Docket No. FTA–2017–0010]
                                                    verified that the driver has                            391.41(b)(10), subject to the
                                                    demonstrated a willingness to properly                  requirements cited above:                             National Transit Database Reporting
                                                    monitor and manage his/her diabetes                                                                           Changes and Clarifications
                                                                                                            Joseph A. Akers (WV)
                                                    mellitus, received education related to                 Leslie R. Auger (MO)                                  AGENCY:    Federal Transit Administration,
                                                    diabetes management, and is on a stable                 Ta Canunpa W. Banks (SD)                              DOT.
                                                    insulin regimen. These drivers report no                Ralph E. Beard (MI)                                   ACTION:   Request for Comments.
                                                    other disqualifying conditions,                         Darrell W. Britnell (NC)
                                                    including diabetes related                              Paul M. Capeder (MN)                                  SUMMARY:    This notice provides
                                                    complications. Each meets the vision                    Robert D. Carnazzo (MA)                               information on proposed changes and
                                                    requirement at 49 CFR 391.41(b)(10).                    Randall C. Coleman (WA)                               clarifications to the National Transit
                                                       The qualifications, experience, and                  Thomas K. Coleman (NC)                                Database (NTD) reporting requirements.
                                                    medical condition of each applicant                     Mark A. Cologne (LA)                                  All proposed changes and clarifications
                                                    were stated and discussed in detail in                  Christopher J. Comstock (TX)                          are proposed to be effective for report
                                                    the March 8, 2017 Federal Register                      Alexander H. Cromartie (PA)                           year 2017 (beginning in September
                                                    notice (82 FR 13050) and will not be                    Michael R. Dark (TX)                                  2017).
                                                    repeated in this notice.                                Joseph P. Dellavolpe (NJ)
                                                       Consequently, FMCSA finds that in                    Shea E. Durand (NY)                                   DATES:  Comments are due by December
                                                    each case exempting these applicants                    David L. Farris (KS)                                  26, 2017. FTA will consider late
                                                    from the diabetes requirement in 49 CFR                 Donald D. Fown (OH)                                   comments to the extent practicable.
                                                    391.41(b)(3) is likely to achieve a level               Michael L. Gamache (NH)                               ADDRESSES: Please identify your
                                                    of safety equal to that existing without                David P. Glaeser (CO)                                 submission by Docket Number (FTA–
                                                    the exemption.                                          Donald J. Gray (CA)                                   2017–0010) through one of the
                                                                                                            James E. Guthrie, IV (KY)                             following methods:
                                                    V. Conditions and Requirements                                                                                  • Federal eRulemaking Portal:
                                                                                                            James F. Hamilton (SD)
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                       The terms and conditions of the                      Paul R. Hanson (MN)                                   Submit electronic comments and other
                                                    exemption are provided to the                           Jaculyn E. Heck (DE)                                  data to http://www.regulations.gov.
                                                    applicants in the exemption document                    Greg J. Isom (GA)                                       • U.S. Mail: Send comments to
                                                    and includes the following: (1) Each                    Mark J. Johnson (WA)                                  Docket Operations; U.S. Department of
                                                    driver must submit a quarterly                          Tyson C. Johnson (PA)                                 Transportation, 1200 New Jersey
                                                    monitoring checklist completed by the                   Darrell W. Luck (NC)                                  Avenue SE., West Building Room W12–
                                                    treating endocrinologist as well as an                  Gregory L. Markin (WI)                                140, Washington, DC 20590–0001.
                                                    annual checklist with a comprehensive                   Patrick May (MD)                                        • Hand Delivery or Courier: Take
                                                    medical evaluation; (2) each driver must                Elbert J. Means (SC)                                  comments to Docket Operations in


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                                                    49930                         Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices

                                                    Room W12–140 of the West Building,                      D. Clarification on Reporting Requirements            Fifth is a proposed update to the
                                                    Ground Floor, at 1200 New Jersey                            for Job Access and Reverse Commute                definition of major mechanical system
                                                    Avenue SE., Washington, DC, between                         (JARC) Fund Recipients                            failures and other mechanical system
                                                                                                            E. Guidance on Distinguishing Between
                                                    9:00 a.m. and 5:00 p.m., Monday                                                                               failures and solicits comment on
                                                                                                                Commuter and Intercity Service
                                                    through Friday, except Federal holidays.                F. Change to Reporting Requirements for               improvements to these data points. The
                                                       • Fax: Fax comments to Docket                            Non-Rail, For-Profit Providers of Public          solicitation for comment on
                                                    Operations, U.S. Department of                              Transportation Reporting Directly to the          improvements to the mechanical system
                                                    Transportation, at (202) 493–2251.                          NTD                                               failures data points are for information
                                                       Instructions: You must include the                   G. Clarification of Major Mechanical System           only purposes, but may be used to
                                                    agency name (Federal Transit                                Failures and Other Mechanical System              inform a future notice. These changes
                                                    Administration) and Docket Number                           Failures Definitions                              are discussed in greater detail in the
                                                    (FTA–2017–0010) for this notice, at the                 A. Background and Overview                            sections following.
                                                    beginning of your comments. If sent by                                                                           All proposed changes and
                                                                                                               The National Transit Database (NTD)                clarifications will be effective for report
                                                    mail, submit two copies of your
                                                                                                            was established by Congress to be the                 year 2017, that begins in September
                                                    comments. Due to security procedures
                                                                                                            Nation’s primary source for information               2017.
                                                    in effect since October 2001, mail
                                                                                                            and statistics on the transit systems of
                                                    received through the U.S. Postal Service                                                                      B. Clarifications on Reporting
                                                                                                            the United States. Recipients and
                                                    may be subject to delays. Parties                                                                             Requirements Related to the Transit
                                                                                                            beneficiaries of grants from the Federal
                                                    submitting comments should consider                                                                           Asset Management Program Rule
                                                                                                            Transit Administration (FTA) under the
                                                    using an express mail firm to ensure                                                                          Published in July 2016
                                                                                                            Urbanized Area Formula Grants
                                                    their prompt filing of any submissions
                                                                                                            Program (§ 5307) or Other than                           (a) Beginning in report year 2018, all
                                                    not filed electronically or by hand. If
                                                                                                            Urbanized Area (Rural) Formula                        NTD reporters are required to report
                                                    you wish to receive confirmation that
                                                                                                            Program (§ 5311) are required to submit               additional asset inventory information
                                                    FTA received your comments, you must
                                                                                                            data to the NTD. Additionally, all other              with their annual report. The guidance
                                                    include a self-addressed stamped
                                                                                                            recipients of grants from FTA that own,               published with the final asset inventory
                                                    postcard. All comments received will be
                                                                                                            operate, or manage assets used in public              reporting requirements specified that
                                                    posted without change to http://
                                                                                                            transportation are required to report                 service vehicles and administrative or
                                                    www.regulations.gov, including any
                                                                                                            data related to their asset inventory,                maintenance facilities are reportable if
                                                    personal information provided. You
                                                                                                            condition assessments, and state of good              the agency has full or partial capital
                                                    may review U.S. DOT’s complete
                                                                                                            repair performance targets data to the                responsibility for the asset; however, the
                                                    Privacy Act Statement published in the
                                                                                                            NTD.                                                  guidance did not specifically define
                                                    Federal Register on April 11, 2000, at                     In July 2012, the Moving Ahead for
                                                    65 FR 19477–8 or http://                                                                                      capital responsibility.
                                                                                                            Progress in the 21st Century Act (MAP–                   FTA is proposing that for purposes of
                                                    DocketsInfo.dot.gov.                                    21) amended § 5335 authorizing the
                                                       Electronic Access and Filing: This                                                                         the NTD Report, an agency has direct
                                                                                                            collection of an expanded asset                       capital responsibility for an asset if any
                                                    document and all comments received                      inventory and condition information
                                                    may be viewed online through the                                                                              of the following are true:
                                                                                                            through the NTD. The updated asset                       1. The agency owns the asset,
                                                    Federal eRulemaking portal at http://                   inventory and condition reporting                        2. the agency jointly owns the asset
                                                    www.regulations.gov. Electronic                         requirements were published in the                    with another entity, or
                                                    submission and retrieval help and                       Federal Register in July 2016.                           3. The agency is responsible for
                                                    guidelines are available on the Web site.                  The final NTD asset inventory                      replacing, overhauling, refurbishing or
                                                    It is available 24 hours each day, 365                  reporting guidance specifies that service             conducting major repairs on an asset, or
                                                    days a year. Please follow the                          vehicles and administrative or                        the cost of those activities are itemized
                                                    instructions. An electronic copy of this                maintenance facilities are reportable if              as a capital line item in their budget.
                                                    document may also be downloaded                         the agency has full or partial capital                   Performing minimal preventive
                                                    from the Office of the Federal Register’s               responsibility for the asset; however, the            maintenance work on an asset, like
                                                    home page at https://                                   updated guidance did not define capital               cleaning, does not in itself indicate
                                                    www.federalregister.gov.                                responsibility as it relates to the NTD               direct capital responsibility for the
                                                    FOR FURTHER INFORMATION CONTACT:                        reporting requirements. This notice                   asset. An infrastructure asset itemized
                                                    Maggie Schilling, National Transit                      corrects that oversight and clarifies the             as a capital line item in the budget does
                                                    Database Program Manager, FTA Office                    term capital responsibility. It also                  not necessarily mean an agency has
                                                    of Budget and Policy, (202) 366–2054 or                 provides clarification on when a new                  direct capital responsibility; an agency
                                                    margaret.schilling@dot.gov.                             asset is reportable to the NTD and                    must also have management or oversight
                                                    SUPPLEMENTARY INFORMATION:                              proposes additional granularity to track              responsibilities for the line item project.
                                                                                                            reporting.                                               (b) The guidance published with the
                                                    Table of Contents                                          In addition, FTA is seeking comment                final asset inventory reporting
                                                    A. Background and Overview                              on five additional pieces of proposed                 requirements did not clearly state when
                                                    B. Clarifications on Reporting Requirements             guidance for inclusion in the NTD                     an asset that is under construction or
                                                         Related to the Transit Asset Management            Reporting Manual. First is an update to               final assembly becomes reportable to the
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                                                         Program Rule Published in July 2016                the definition of a reportable event for              NTD. FTA is proposing that an agency
                                                      a. Establishes a Definition of Capital                monthly safety reporting. Second is a                 is required to report a new asset to the
                                                         Responsibility                                     clarification on reporting requirements               NTD asset inventory in the fiscal year
                                                      b. Clarifies Reporting Deadlines for New              for recipients of JARC funds. Third is                that the agency begins using the asset
                                                         Assets
                                                      c. Adds Non-Revenue Service/Yard Track
                                                                                                            additional guidance on distinguishing                 for public transportation service.
                                                         and Total Track Without Capital                    between commuter and intercity                        Agencies would not be required to
                                                         Replacement Responsibility Category                service. Fourth is an adjustment to the               report assets that are being assembled,
                                                    C. Additional Guidance on Reportable Safety             reporting requirements for non-rail, for-             nor those assets under construction, nor
                                                         Events                                             profit providers of public transportation.            assets that are in testing.


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                                                                                  Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices                                           49931

                                                       (c) The new track inventory form,                    —during a transit-related maintenance                    FTA reviews all requests to report
                                                    which will be implemented in report                       activity, or                                        new service to the NTD, as services
                                                    year 2018, includes two track types:                    —involving a transit revenue vehicle                  excluded from the definition of public
                                                    Tangent and curve. Agencies are asked                     Excluded from this event reporting                  transportation are not permitted to
                                                    to report a sum of all track in these two               requirement are:                                      report to the NTD on a voluntary basis.
                                                    categories. The guidance does not                       —Events that occur off transit property               When FTA deems it necessary, it will
                                                    indicate whether non-revenue or yard                      where affected persons, vehicles, or                require the agency to conduct a
                                                    track should be included in these two                     objects come to rest on transit                     passenger survey test of whether 50% of
                                                    categories. It also does not allow                        property after the event                            passengers are making a return trip on
                                                    agencies to separate out the total track                —occupational safety events occurring                 the same day. However, FTA proposes
                                                    without capital replacement                               in administrative buildings                         that such a survey must meet the
                                                    responsibility. To clarify the reporting                —deaths that are a result of illness or               following requirements:
                                                    requirement and ensure that the Transit                   other natural causes, outside of a
                                                                                                              reportable event                                       1. The agency must conduct the
                                                    Asset Management (TAM) Program                                                                                survey over a 12-month period, to
                                                    infrastructure performance restrictions                 —other events (assault, robbery, non-
                                                                                                              transit vehicle collisions etc.)                    account for seasonal variations in
                                                    metric (% of track segments under                                                                             passenger behavior.
                                                    performance restriction) only includes                    occurring at bus stops or shelters that
                                                    track used in revenue service for which                   are not on transit-controlled property                 2. The agency must include the entire
                                                    an agency has capital replacement                       —collisions that occur while travelling               length of each route in the survey.
                                                    responsibility, FTA is proposing the                      to or from a transit-related
                                                                                                                                                                     3. The survey must determine that at
                                                    addition of two additional track                          maintenance activity
                                                                                                            —collisions involving a supervisor car,               least 50% of passengers on each route
                                                    categories. Under this proposal,                                                                              make a return trip on the same day, with
                                                                                                              or other transit service vehicle
                                                    agencies would report: (1) Total in-                                                                          95% confidence.
                                                                                                              operating on public roads
                                                    service tangent track, (2) total in-service                                                                      4. A qualified statistician must
                                                    curved track and (3) total non-revenue/                 D. Clarifications on Reporting                        approve the survey/sampling
                                                    yard track (includes all non-revenue/                   Requirements for JARC Recipients                      methodology and certify that the results
                                                    yard track regardless of capital                           Prior to 2012, the JARC Program was                give the required level of confidence.
                                                    replacement responsibility) and (4) total               a stand-alone grant program which did
                                                    in-service track with no capital                                                                                 If at least 50% of all passengers
                                                                                                            not carry an NTD reporting requirement.               surveyed on a route made a return trip
                                                    replacement responsibility. The TAM                     MAP–21, however, repealed the JARC
                                                    performance restriction calculation                                                                           on the same day, or reported their
                                                                                                            Program as a stand-alone program, and                 intention to do so, then FTA will permit
                                                    would exclude all track in the third and                instead made JARC projects eligible
                                                    fourth categories. In addition to these                                                                       the agency to report that route to the
                                                                                                            activities under the Urbanized Area
                                                    four categories, agencies would also                                                                          NTD.
                                                                                                            Formula Program and the Rural Areas
                                                    report total track under performance                    Formula Program. All recipients and                      Current NTD reporting guidance does
                                                    restriction. This number would be used                  beneficiaries of these programs are                   not address the questions of commuter
                                                    with the total in-service track minus the               required to report to the NTD, however,               vs intercity service for ferryboats.
                                                    total in-service track with no capital                  FTA does not currently provide any                    Although all ferryboats that permit
                                                    replacement responsibility to calculate                 guidance on reporting requirements for                walk-on passengers are included in the
                                                    the percent of track segments under                     recipients and subrecipients of the                   definition of public transportation, the
                                                    performance restriction.                                programs that only support JARC                       NTD Reporting Manual only allows
                                                    C. Additional Guidance on Reportable                    projects, and which do not provide any                ferryboat service outside the boundaries
                                                    Safety Events                                           public transportation services.                       of an urbanized area to be deemed
                                                                                                               FTA is proposing to exempt from                    ‘‘attributable’’ to that urbanized area for
                                                       FTA is proposing the following                       NTD reporting any subrecipient that                   commuter ferryboat services. Intercity
                                                    update to a reportable safety event.                    only receives FTA money for 5307 or                   ferryboat services are not permitted to
                                                    Although FTA is not changing the                        5311 funded JARC projects, and does                   deem their service outside the
                                                    thresholds for a reportable event, FTA is               not have any transit operating or capital             boundaries of an urbanized area as
                                                    clarifying the sorts of locations where a               expenses from any funding source.                     attributable to that area. Thus, FTA is
                                                    reportable event may occur. The                                                                               proposing a uniform use of the 50%
                                                    primary change is the addition of safety                E. Guidance on Distinguishing Between                 same day return trip policy to determine
                                                    reporting for events occurring on transit               Commuter and Intercity Service                        whether Ferryboat (FB) service is
                                                    infrastructure. For example, a substation                  The definition of public                           commuter or intercity for the purposes
                                                    may not be part of the transit right-of-                transportation at 49 U.S.C 5302                       of inclusion in NTD. In addition, FTA
                                                    way, but FTA has always intended that                   excludes intercity passenger rail                     is proposing a requirement for all new
                                                    a safety event occurring at a substation                operated by Amtrak and intercity bus                  commuter rail, commuter bus or
                                                    outside the right-of-way should be                      service. In a Federal Register Notice                 ferryboat service to survey for routes
                                                    reportable. The current definition can be               published on Tuesday, August 19, 2014                 with a maximum one-way trip time
                                                    found in the 2016 NTD Safety Reporting                  (FTA–2014–0006), FTA provided                         exceeding 90 minutes to establish that at
                                                    Manual found on the NTD Web site:
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                                                                                                            additional guidance on the definitions                least 50% of all passengers on the route
                                                    www.transit.dot.gov/ntd.                                of commuter rail and commuter bus and                 made a return trip on the same day. For
                                                       The proposed definition of a                         established that service provided by                  new commuter rail, commuter bus, or
                                                    reportable safety event is below:                       these modes could be considered public                ferryboat routes being proposed for
                                                       A safety or security event occurring:                transportation, and not intercity                     reporting to the NTD, FTA may, at its
                                                    —On transit right-of-way or                             transportation, if at least 50% of                    discretion, presume that those with
                                                       infrastructure                                       passengers make a return trip on the                  100% one-way trip times of 90 minutes
                                                    —at a transit revenue facility                          same day across all service runs for one              or less are commuter services, without
                                                    —at a maintenance facility or rail yard                 year.                                                 requiring a passenger survey.


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                                                    49932                         Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices

                                                    F. Change to Reporting Requirements                     reporters do not currently report these                  (1) Collection of the major mechanical
                                                    for Non-Rail For-Profit Providers of                    data.                                                 system failures by fleet rather than by
                                                    Public Transportation                                      To improve current reporting                       mode. This would improve the
                                                                                                            guidance, FTA proposes adding                         granularity of the major mechanical
                                                       FTA currently has 18 non-rail, for-                  language specifically excluding failures              systems failure data by collecting the
                                                    profit providers of public transportation               caused by collision, natural disaster, or             information at the vehicle fleet level. It
                                                    that report directly to the NTD. One of                 vandalism to the current definitions.                 would provide a more robust and
                                                    these reporters raised the concern that                 FTA seeks comment on this proposed                    granular data set for major mechanical
                                                    providing the detailed financial                        change. The amended definitions are                   system failures and allow stakeholders
                                                    information required of full reporters to               below:                                                to look at mechanical failure data by
                                                    the NTD may compromise their ability                       Proposed definition of major                       vehicle type. However, improving the
                                                    to successfully compete for business.                   mechanical system failure:                            granularity of the data could also
                                                    They requested that FTA consider                           A failure of some mechanical element               increase the reporting burden for some
                                                    reducing the financial reporting                        of the revenue vehicle that is not caused             agencies. To help offset this increase,
                                                    requirements for for-profit providers to                by a collision, natural disaster, or                  FTA asks stakeholders to consider
                                                    mirror those of reduced reporters to                    vandalism and prevents the vehicle                    discontinuing the collection of other
                                                    address their concern. FTA is seeking                   from completing a scheduled revenue                   mechanical system failures.
                                                    comment on the proposal to allow non-                   trip or from starting the next scheduled                 (2) Adjust the definition of other
                                                    rail, for-profit providers of public                    revenue trip because actual movement                  mechanical system failure to the
                                                    transportation the option to report to the              is limited or the vehicle is unsafe.                  following: All non-major failures of a
                                                    NTD as a reduced reporter. Of the 18                       Proposed definition of other                       mechanical element of the revenue
                                                    non-rail, for-profit providers referenced               mechanical system failure:                            vehicle requiring a work order that are
                                                    above, ten already meet the current                        A failure of some other mechanical                 not caused by a collision, natural
                                                    reduced reporting threshold. This                       element of the revenue vehicle that is                disaster, or vandalism.
                                                    proposal would provide the flexibility                  not caused by a collision, natural                       This adjustment would provide a
                                                    to report as a reduced reporter for the                 disaster, or vandalism, but, because of               more standard and comprehensive look
                                                    remaining 8 agencies.                                   local agency policy, prevents the                     at the other mechanical system failures
                                                       As a reduced reporter, these agencies                revenue vehicle from completing a                     data. The new definition would allow
                                                    would no longer be required to report                   scheduled revenue trip or from starting               for better comparison across transit
                                                    passenger miles traveled (PMT). Such                    the next scheduled revenue trip even                  agencies by focusing the outcome of this
                                                    data previously reported by these                       though the vehicle is physically able to              data point on a system failure rather
                                                    agencies would not be available for use                 continue in revenue service.                          than a local policy decision to remove
                                                    in the Urbanized Area Formula (UAF)                        In addition to the proposed definition             the vehicle from service.
                                                    apportionment. If the local urbanized                   changes, FTA seeks additional feedback                   In addition to the scenarios discussed
                                                    area has more than 200,000 in                           on the current utility of the major                   above, FTA welcomes additional
                                                    population, this may reduce their local                 mechanical system failures and other                  comment and input on how these data
                                                    urbanized area’s UAF apportionment. If                  mechanical system failures data points.               points may be adjusted to benefit the
                                                                                                            As an example, one of the primary                     transit industry and transit stakeholders.
                                                    the local urbanized area has fewer than
                                                                                                            concerns expressed to FTA by                          FTA specifically requests that agencies
                                                    200,000 in population, this may impact
                                                                                                            stakeholders is that the current                      provide comment on the anticipated
                                                    the local urbanized area’s eligibility for
                                                                                                            definition of other mechanical system                 impact on reporting burden for the
                                                    Small Transit Intensive Cities (STIC)
                                                                                                            failures cannot be used for comparative               scenarios above as well as the
                                                    funds in the UAF apportionment.
                                                                                                            purposes because it is heavily                        anticipated reporting burden for any
                                                       FTA would amend current reporting                    dependent on local policy decisions.                  additional suggestions provided to
                                                    forms to allow ferry providers to                       FTA would like to improve the utility                 improve the utility of these data points.
                                                    continue to report fixed guideway                       of these data points to: (1) Inform transit
                                                    directional route miles (DRM) or fixed                                                                        K. Jane Williams,
                                                                                                            stakeholders on mechanical
                                                    guideway vehicle revenue miles (VRM)                                                                          Acting Administrator.
                                                                                                            performance; (2) allow for better
                                                    for continued use in the State of Good                  comparative analysis of the data; and,                [FR Doc. 2017–23380 Filed 10–26–17; 8:45 am]
                                                    Repair Formula Apportionment.                           (3) provide better insight on transit state           BILLING CODE P

                                                    G. Clarification of Mechanical System                   of good repair. At this time, FTA is not
                                                    Failures Definitions                                    formally proposing changes to these
                                                                                                                                                                  DEPARTMENT OF TRANSPORTATION
                                                                                                            data points beyond the definition
                                                       FTA has received feedback from the                   adjustments addressed above; however,                 Federal Transit Administration
                                                    transit industry that the current                       two scenarios are outlined below. FTA
                                                    definitions of major mechanical system                  welcomes input from stakeholders on                   [Docket No. FTA–2017–0014]
                                                    failures and other mechanical system                    these scenarios and welcomes
                                                    failures do not provide sufficient detail                                                                     Notice of Proposed Buy America
                                                                                                            additional direction on how these data
                                                    or clarity to allow for a useful analysis                                                                     Waiver for Motor Brakes and
                                                                                                            points may be adjusted to best
                                                    of the data. This information is                                                                              Machinery Brakes for the SE 3rd
                                                                                                            accomplish the stated goals.
                                                                                                                                                                  Avenue Bascule Bridge Modification in
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    currently collected from each agency by                    Input received from this notice may
                                                    mode. The current definitions can be                    be used to inform a future proposal to                Fort Lauderdale, Florida
                                                    found in the 2017 NTD Policy Manual                     adjust the definition or collection                   AGENCY:    Federal Transit Administration,
                                                    or the glossary on the NTD Web site:                    method of these data points.                          DOT.
                                                    www.transit.dot.gov/ntd. Major                             The scenarios described below are for              ACTION: Notice of proposed Buy America
                                                    mechanical system failures and other                    public comment only. At this time, FTA                waiver and request for comment.
                                                    mechanical system failures are only                     is not formally proposing these changes.
                                                    reported by full reporters to the NTD;                     FTA seeks feedback on the following                SUMMARY: The Federal Transit
                                                    reduced reporters and capital asset-only                scenarios:                                            Administration (FTA) received a request


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Document Created: 2017-10-27 02:05:48
Document Modified: 2017-10-27 02:05:48
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
ActionRequest for Comments.
DatesComments are due by December 26, 2017. FTA will consider late comments to the extent practicable.
ContactMaggie Schilling, National Transit Database Program Manager, FTA Office of Budget and Policy, (202) 366- 2054 or [email protected]
FR Citation82 FR 49929 

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