SUPPLEMENTARY INFORMATION:

Title: National Census of Ferry Operators (NCFO).

Type of Request: Approval modifications to an existing information collection.

Affected Public: There are approximately 260 ferry operators nationwide.

Abstract: In 1998, the Transportation Equity Act for the 21st Century (TEA-21) (Pub. L. 105-178), section 1207(c), directed the Secretary of Transportation to conduct a study of ferry transportation in the United States and its possessions. In 2000, the Federal Highway Administration (FHWA) Office of Intermodal and Statewide Planning conducted a census of approximately 260 ferry operators to identify: (1) existing ferry operations including the location and routes served; (2) source and amount, if any, of funds derived from Federal, State, or local governments supporting ferry construction or operations; (3) potential domestic ferry routes in the United States and its possessions; and (4) potential for use of high speed ferry services and alternative-fueled ferry services. In 2005, the Safe, Accountable, Flexible Efficient Transportation Equity Act—A Legacy for Users (SAFETEA-LU) Public Law 109-59, Section 1801(e)) required that the Secretary, acting through the BTS, shall establish and maintain a national ferry database containing current information regarding routes, vessels, passengers and vehicles carried, funding sources and such other information as the Secretary considers useful. In 2012, MAP-21 legislation [Moving Ahead for Progress in the 21st Century Act (Pub. L. 112-141)] continued the BTS mandate to conduct the NCFO and also required that the FHWA use the NCFO data to set the specific formula for allocating federal ferry funds. The funding allocations were based on a percentage of the number of passenger boardings, vehicle boardings, and route miles served. In 2015, the Fixing America's Surface Transportation (FAST) Act (Pub. L. 114-94, sec. 1112) continues the BTS mandate to conduct the NCFO on a biennial basis and extended the requirement that the FHWA use the NCFO data to set the specific formula for allocating federal ferry funds as required in MAP-21.

BTS conducted the first NCFO in 2006. The census was conducted again in 2008, 2010, 2014, 2016, 2018, 2020, 2022, and 2024. Preparations are already underway for the 2026 NCFO in 2027. The overall length of the revised questionnaire for the 2026 NCFO will remain consistent with that of previous years. The 2028 questionnaire will be updated based on research performed between the 2026 and 2028 NCFO cycles with the goal to reduce burden and promote operators to respond. These information collections were originally approved by OMB under Control Number 2139-0009.

The census will be administered to the entire population of ferry operators (estimated 260). The census will request the respondents to provide information such as: the terminals served; the type of ownership; the number of passengers and vehicles carried in the past 12 months; vessel descriptions (including type of fuel), federal, state and local funding sources, and intermodal connectivity. All data collected for 2026 and 2028 NCFOs will be added to the existing database.

Data Confidentiality Provisions: The NCFO may collect confidential business information. The confidentiality of these data will be protected under 49 CFR 7.29. In accordance with this regulation, only statistical and non-sensitive business information will be made available through publications and public use data files. The statistical public use data are intended to provide an aggregated source of information on ferry boat operations nationwide. Business sensitive information may be shared with FHWA to support FAST Act funding allocations.

Frequency: This census will be performed every other year.

Estimated Average Burden per Response: The burden per respondent in 2026 is estimated to be an average of 30 minutes. This average is based on an estimate of 20 minutes to answer questions that require answers specific to that year and an additional 10 minutes to review (and revise as needed) previously submitted data that will be pre-populated for each ferry operation. The burden for conducting research into the questionnaire instrument will include no more than 9 cognitive interviews of operators as they interact with and answer different versions of the instrument. These changes will be implemented in the 2028 NCFO and should decrease burden.

Estimated Total Annual Burden: The annual burden for the 2026 NCFO (in the year that the census is conducted) is estimated to be 130 hours (that is 30 minutes per respondent for 260 respondents equals 7,800 minutes).

Response to Comments: A 60-day notice requesting public comment was issued in the Federal Register on July 9, 2026. One comment was received by Texas DOT. Texas DOT stated appreciation for the NCFO and suggested several changes or improvements. These improvements included streamlining the questionnaire by making previous submissions available and providing follow-up logic following entry of route origin and destination, providing alternate ways of submitting responses, increasing the type of data collected, and information about operators' fleets and plans for vessels and infrastructure. Texas DOT also expressed concern with the statement that the questionnaire takes on average 30 minutes, as it takes them closer to 60 minutes.

We appreciate Texas DOT's comments and their use of the NCFO data. Responses from previous years are available to download for operators that provided responses in the previous questionnaires, for their convenience. These responses can be downloaded and used to fill in the instrument questions. We prefill some data fields that are generally consistent among censuses and includes certain information on operators, vessels, segments, and terminals, totaling 40 pre-filled data fields. We appreciate Texas DOT's interest in expanding our data coverage to include more elements on vessels and current and planned infrastructure work. However, some of the requested types of data may increase burden on respondents and be interpreted as Business Sensitive by many operators, preventing their inclusion or utility. Other questions we might be able to include in future NCFO cycles, and we will investigate other ( printed page 61023) data sources, such as administrative data, for some of the additional data types requested. We are currently working to streamline the questionnaire and make it more user friendly. We recognize that the time it takes operators to fill out the questionnaire varies depending on the complexity of the operator. While it takes some longer than the average 30 minutes, there are many operators for whom it only takes approximately 10 minutes to complete the questionnaire. Texas DOT also suggested an Excel format for the questionnaire, where the responses can be directly loaded from the sheet to the instrument, and we will discuss this option with our IT team. We greatly appreciate the suggestions and comments provided by Texas DOT and taking the time to help improve the NCFO.

Public Comments Invited: Interested parties are invited to send comments regarding any aspect of this information collection, including, but not limited to: (1) the necessity and utility of the information collection for the proper performance of the functions of the DOT; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, clarity and content of the collected information; and (4) ways to minimize the collection burden without reducing the quality of the collected information. Send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725-17th Street NW, Washington, DC 20503, Attention: BTS Desk Officer.

91 FR 61021