Response to Comments on Updates to National Transit Database Annual Information Collection, 18699-18703 [2015-07879]
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Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices
David W. Shores
Mr. Shores, 47, holds a Class A
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North Carolina.
Kelly Gene Eller
Mr. Eller, 50, holds an operator’s
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Issued on: April 1, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–07909 Filed 4–6–15; 8:45 am]
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. FTA–2014–0009]
Response to Comments on Updates to
National Transit Database Annual
Information Collection
AGENCY:
Federal Transit Administration,
DOT.
Anthony Joseph Saive
Mr. Saive, 29, holds a Class B
commercial driver’s license (CDL) in
Ohio.
17:46 Apr 06, 2015
Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315(b)(4), FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. The Agency will consider all
comments received before the close of
business May 7, 2015. Comments will
be available for examination in the
docket at the location listed under the
ADDRESSES section of this notice. The
Agency will file comments received
after the comment closing date in the
public docket, and will consider them to
the extent practicable. In addition to late
comments, FMCSA will also continue to
file, in the public docket, relevant
information that becomes available after
the comment closing date. Interested
persons should monitor the public
docket for new material.
BILLING CODE CODE 4910–EX–P
Mr. Mason, 33, holds an operator’s
license in California.
VerDate Sep<11>2014
Jonathan P. Veach
Mr. Veach, 32, holds an operator’s
license in Illinois.
Jkt 235001
Notice of Revised NTD
Reporting Manual and Response to
Comments.
ACTION:
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18699
This notice provides the
Federal Transit Administration’s
response to comments on proposed
changes to the National Transit Database
(NTD) Reporting Manual, and provides
notice that the final Reporting Manual
for the 2014 Report Year is now
available. The guidance changes in this
notice primarily relate to urbanized area
transit providers.
DATES: Upon publication of this notice
the rules and guidance it describes will
become final.
FOR FURTHER INFORMATION CONTACT:
Keith R. Gates, National Transit
Database Program Manager, FTA Office
of Budget and Policy, (202) 366–1794, or
email: keith.gates@dot.gov
SUPPLEMENTARY INFORMATION:
Title: 49 U.S.C. 5335(a) and (b)
National Transit Database. (OMB
Number: 2132–0008).
Background: Sections 5335(a) and (b)
of title 49, United States Code, require
the Secretary of Transportation to
maintain a reporting system, using a
uniform system of accounts, to collect
financial and operating information
from the Nation’s public transportation
systems. Congress established the
National Transit Database (NTD) to be
the repository of national transit data to
support public transportation service
planning. The Federal Transit
Administration (FTA) administers the
NTD to meet these requirements and has
collected data for over 30 years. The
NTD is comprised of the Annual, Rural,
Monthly, and Safety modules. Each
module has a Reporting Manual, which
FTA updates from time to time to
provide new guidance to reporters. This
notice provides final updates to the
Annual Reporting Manual for the 2014
Report Year.
Approximately 850 urban transit
systems currently report to the NTD
Annual Module. Each system provides a
report on their sources and uses of
funds, their capital assets, the amount of
service they provide and a Chief
Executive Officer (CEO) certification of
the data. The reporting requirements for
the NTD are within the level that
received Paperwork Reduction Act
(PRA) approval as part of the entire NTD
PRA notice published in the Federal
Register on November 7, 2011 (76 FR
6881) and approved by the Office of
Management and Budget (OMB) on
April 29, 2012.
On August 19, 2014, FTA published
a Federal Register notice for comment
on revisions to the NTD Reporting
Manual (79 FR 49146). That notice
described various changes to the NTD
Annual Module that are taking effect
with the FY 2014 NTD Report Year. The
SUMMARY:
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FTA responds herein to comments on
whether, and how, agencies reporting
this data might experience difficulties
meeting the revised requirements.
The updated guidance in the Annual
Reporting Manual will provide better
data to the NTD which is used in the
grant apportionment formulas and for
analysis of industry trends. These
changes also implement many of the
policy changes enacted in the Moving
Ahead for Progress in the 21st Century
Act (MAP–21). This notice is
independent of the larger rulemaking
process that is underway to implement
a National Transit Asset Management
system and other FTA rulemaking
activities.
FTA previously proposed 11 changes
to NTD reporting:
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A. Clarification for reporting subset data
on Americans with Disabilities Act
(ADA) paratransit services
B. Clarification on the reporting of
contractual relationships
C. Update the definition of the bus rapid
transit mode (per FTA C 5300.1
SGR Grants Program)
D. Policy change so that certain High
Occupancy Toll (HOT) lanes are no
longer fixed guideway for purposes
of the State of Good Repair Formula
E. Updates to the definition of
commuter service (related to
Amtrak services) and allocation of
data to urbanized areas
F. Elimination of consolidated reporting
in favor of Small System Waiver
reporting.
G. Clarification on consistent use of
transit system names and
organization types
H. Policy clarification allowing
delegation of CEO certification
responsibility
I. Elimination of unnecessary reporting
requirements (dropping unneeded
forms)
J. Elimination of outdated Circulars
related to sampling procedures.
K. Expansion of capital asset reporting
required by MAP–21
FTA received 119 comments from 75
sources. This notice will respond to
comments on items A through J. The
FTA received a substantial number of
comments on item K, the expansion of
capital asset reporting. As FTA
originally proposed that the expanded
asset reporting would not take effect
until at least the FY 2015 Report Year,
FTA is taking additional time to
consider these comments, and will
respond to them in a future notice in the
Federal Register.
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17:46 Apr 06, 2015
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Response to Comments
A. Clarification for Reporting Subset
Data on ADA Paratransit Services—(27
comments)
FTA proposed the following guidance
to improve the consistency and
specificity of urban transit systems’
ADA data reporting. This proposed
guidance would have only applied to
full reports from urbanized areas; not to
rural reporting, nor to reporting under a
small systems waiver.
(1) Transit systems that operate
demand response services that are not
intended to fulfill the ADA paratransit
requirements of any fixed route service
should report that zero (0) of their
service and operating expenses are
attributable to ADA requirements.
(2) Transit systems that operate
demand response services to fulfill the
ADA paratransit requirements of fixedroute service must report their unlinked
trips provided to all eligible paratransit
passengers (eligibility determined by
local policy), excluding only the
following:
(i) Trips that are sponsored by a third
party (e.g. Medicare-sponsored trips);
(ii) Trips whose origin or destination
(or both) are outside the minimum
service (within 3⁄4 of a mile of fixed
route service) area required by the ADA;
and,
(iii) Trips taken during times when
the fixed-route system is not operating.
(3) Transit systems that operate
demand response services to fulfill the
ADA paratransit requirements of a
fixed-route service would then report
their operating expenses for such
services as attributable to the ADA on
the same basis. In general, if a transit
system does not have an accounting
system to track this, then it may report
on the basis of the percentage of total
demand response trips that were
identified as ADA trips, per the above
criteria. That is, if ADA trips were 76
percent of all demand-response mode
trips, then ADA operating expenses
would be reported as 76 percent of total
demand-response mode operating
expenses.
FTA received 27 comments on the
clarification of the ADA Paratransit
Services reporting standards. Comments
indicated that agencies have integrated
ADA requirements into their demandresponse systems to such an extent that
it is technically difficult for them to
separate this service from their normal
operations. Their responses noted that it
would constitute a considerable burden
for them to report this data separately.
As FTA does not wish to impose
additional reporting burden to collect
this data, we withdraw this proposal.
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B. Clarification on the Reporting of
Contractual Relationships—(9
comments)
FTA proposed to clarify that in order
for service to be classified as Purchased
Transportation (PT), the service must
meet three criteria:
(1) The contract or agreement must
provide for the buyer to be responsible
for the fully-allocated cost of providing
the service;
(2) The service must be operated in
the name of the buyer (i.e. the presence
of the seller must be generally
transparent to the riding public); and,
(3) The seller must operate and
manage the service.
Public transportation services that do
not meet the above criteria may still be
reported to the NTD. However, these
services would instead be reported to
the NTD as directly operated and would
be reported by the organization that is
actually operating the service.
FTA received nine (9) comments in
response to the clarifications on the
reporting of contractual relationships.
Three (3) transit providers indicated
that they support this clarification or
that their business practices are already
in compliance with these reporting
standards. One (1) additional
commenter believes this clarification
may be unnecessary because any buyer/
seller relationship anomalies would be
apparent from the type of NTD forms
submitted by the reporter. The
remaining five (5) comments are
summarized below:
One commenter suggests that the language
be changed from the fully allocated cost to
the market rate for providing the service;
with the market rate being defined as the rate
achieved either through a competitive
procurement process or a negotiated
procurement. Requiring the seller to provide
complete accounting records to support the
fully allocated rate would be cumbersome
and could lead to unintended consequences
for transit agencies seeking to provide
purchased transportation services at the
lowest cost.
The issue presented here is that
records must be kept to demonstrate
that the amount paid for the purchased
service is the actual cost of providing
that service. The FTA reserves the right
to audit that claim. In general, it can be
presumed that if the seller is not
receiving funds from any source other
than the buyer, then the buyer is paying
the fully-allocated cost.
A commenter from an industry association
suggested that final guidance should not
prohibit the identity of the seller from being
displayed on vehicles or uniforms. They also
requested clarity on how to identify ’fully
allocated costs’ of contracted service when
some services are provided by the buyer.
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A commenter from a transit agency also
requested clarification on whether the name
of the seller can be included on the vehicle
or advertisements.
FTA replies that, although the vehicle
used for purchased transportation must
prominently display the name of the
buyer, this does not preclude the name
of the seller, manufacturer or advertisers
from also being on the vehicle.
A commenter from a transit agency
expressed concern that the proposed change
would eliminate the ability to report
ridership for its program of ‘last mile’
shuttles from its rail stations.
FTA will address the specifics of this
situation directly with the reporter, but
nothing in this proposal would prevent
any transit service from being reported
to the NTD and included in the formula
apportionment. Any transit service that
cannot be reported as purchased
transportation could be reported to the
NTD as a directly operated service
instead.
One commenter from a transit agency
suggested that certain demand response
services provided by a third party should be
exempt from the requirement to be operated
in the name of the buyer. For example, some
transit systems use car services with nondedicated fleets to provide some ADA
paratransit services.
FTA agrees and will clarify in the
Reporting Manual that demandresponse taxi services need not be
operated in the name of the buyer.
Comments received in response to
this item did not identify any significant
issues preventing its implementation
and FTA will proceed with publishing
these clarifications.
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C. Updates to Definition of the Bus
Rapid Transit Mode—(5 comments)
On January 28, 2015, FTA published
a notice in the Federal Register
finalizing Circular FTA C 5300.1 State
of Good Repair Grants Programs:
Circular and Application Instructions.
In that circular FTA defines the bus
rapid transit (BRT) mode as a service
that meets five criteria. These criteria
were re-published with the August 19,
2014 Federal Register notice to provide
additional notice to impacted parties, in
particular with regards to changing the
definition of the BRT Mode in the NTD.
However, comments on whether the
below criteria should be used for
funding eligibility in the State of Good
Repair Formula Program have been
addressed through notice and comment
on the circular and FTA has accepted
these criteria. The five criteria are as
follows:
(1) Over 50 percent of the route
operates in a separated right-of-way
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(ROW) dedicated for transit use during
peak periods (though other traffic may
make turning movements through the
separated right-of-way);
(2) the route has defined stations that
are accessible for persons with
disabilities, offer shelter from the
weather, and provide information on
schedules and routes;
(3) the route offers faster passenger
travel times through congested
intersections by using active signal
priority in separated guideway, and
either queue-jump lanes or active signal
priority in non-separated guideway;
(4) the route offers short headway, bidirectional, service that is provided for
at least a 14 hour span on weekdays and
a 10 hour span on weekends; (Short
headway service on weekdays, consists
of maximum headways that are either:
15 minutes or less throughout the day;
or, 10 minutes or less during peak
periods and 20 minutes or less at all
other times. Short headway service on
weekends consists of maximum
headways that are 30 minutes or less for
at least 10 hours for the day) and,
(5) a separate and consistent brand
identity applied to stations and
vehicles.
Bus services that implement features
of bus rapid transit systems, but which
do not meet all of the above criteria,
particularly corridor-based bus rapid
transit projects, would still be reported
to the NTD under the fixed-route bus
(MB) mode.
FTA received five (5) comments in
response to the proposed definition of
the bus rapid transit mode.
Two (2) commenters suggested that this
change was premature given that Circular
C5300.1 is still under development and could
have an impact on this definition. Both
commenters suggested that these changes
should be deferred and reconsidered after the
circular has been completed.
The final circular was posted in the
Federal Register on Wednesday,
January 28, 2015. NTD reporters need to
use the published definition in order to
comply with MAP–21.
One transit system recommended the
following changes to the proposed definition:
‘‘1) Over 50 percent of the route operating in
a separated ROW dedicated for transit use
and HOV/HOT use during peak periods; and,
2) the route offers short headway, bidirectional, service during peak periods.’’
They believe that the current definition
discourages partnerships that provide a
combination of BRT and high-occupancy toll
or HOV services, including the U.S. 36 BRT
in Colorado. The weekend requirement
would also disqualify some BRT projects or
force unproductive weekend service.
Another transit agency commenter
expressed concern that the change in
definition will disqualify some existing BRT
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18701
routes from being formally classified as BRT.
They request that the calculation to
determine separated ROW exclude segments
where a separated ROW is not necessary due
to insignificant traffic congestion. They
further recommend that the ’treatment of
congested intersections’ criterion be
simplified to be more consistent with the
MAP–21 definition that references ‘traffic
signal priority for public transportation
vehicles’. This change in definition would
allow routes that utilize traffic signal priority
at some but not all intersections to still be
designated BRT.
While FTA has considered alternate
interpretations of MAP–21, including
these proposed by the commenters, FTA
notes that the statute has clear and
specific requirements for separated
guideway and high-frequency service on
weekends. The FTA must follow the
statutory requirements in these areas.
D. Guidance for Service on HOT
Lanes—(8 comments)
The FTA proposed, beginning with
the Fiscal Year 2016 apportionment, to
no longer consider transit service
operated on any HOT lane to be the
same as transit service operated on an
HOV lane, for purposes of the formula
apportionment for the High-Intensity
Motorbus Tier. Comments on this were
solicited in the previously mentioned
March 3, 2014, FTA Federal Register
Notice, C 5300.1 State of Good Repair
Grants Programs: Proposed Circular and
Application Instructions. Thus, while
FTA did not seek additional comments
on the impact of this policy change on
the State of Good Repair Formula
Program, FTA did propose to continue
to collect data on the amount of transit
service operated on HOT Lanes in the
NTD for future use.
The FTA received eight (8) comments
in response to the guidance for service
in HOT lanes. Five (5) commenters
provided feedback that was not specific
to FTA’s request for comment on
continuing to collect HOT lane data for
future use. These comments were in
response to the March 3, 2014 Federal
Register Notice on C 5300.1 and,
therefore, will not be addressed in this
response.
Three (3) commenters provided
feedback specific to this request for
comment. One (1) commenter suggested
that any decisions on continuing to
collect HOT lane data should be
postponed until after final publication
of the C 5300.1 State of Good Repair
Grants Programs: Circular and
Application Instructions (which has
now occurred). Two (2) commenters
stated that continuing to collect HOT
lane data would be unnecessary and
burdensome if that data is no longer part
of the State of Good Repair formula.
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Both requested that FTA discontinue
collecting this data.
FTA has considered the feedback
regarding the burden of collecting HOT
lane data and agrees that this reporting
burden should be minimized. FTA thus
amends its proposal to only collect data
on HOT lane directional route miles.
Data on HOT lane directional route
miles used in transit service will
continue to provide important baseline
data for policy makers, and these data
can be collected with a minimum of
reporting burden. However, FTA will
discontinue collecting data on vehicle
revenue miles driven on those HOT
lanes.
E. Updates to the Definition of
Commuter Service and Allocation of
Data Attributable to an Urbanized Area
(UZA)—(5 comments)
The definition of Public
Transportation at 49 U.S.C. 5302
specifically excludes intercity passenger
rail operated by Amtrak, and also
intercity bus service. The FTA proposed
to amend the definition of public
transportation in the NTD Reporting
Manual to implement this definition,
and to clarify the distinction between
commuter and intercity services.
The FTA also proposed to clarify the
instructions in the Reporting Manual
regarding the allocation of transit
service between multiple areas. Transit
service classified as commuter service
that connects one or more urbanized
areas or that connects rural areas with
one or more urbanized areas must be
allocated to the urbanized area that is
primarily being served. Each transit
agency may determine what proportion
of service to allocate to each urbanized
area according to a reasonable
methodology.
The FTA received five (5) comments
in response to the proposed update to
the definition of commuter service and
allocation of data attributable to an
urbanized area. One (1) commenter
stated that these updates would not
impact their current reporting practices.
The remaining four (4) comments all
requested that FTA continue its current
practice of allowing agencies to
determine how service is allocated
amongst the UZAs they serve.
The comments on these proposed
updates were solely concerned with the
allocation of service data amongst the
UZAs being served by commuter
service. FTA wishes to clarify that the
proposed updates will not impact the
ability for transit agencies to continue
with their current methodology for
determining how service data is
allocated amongst the UZAs they serve.
A transit agency may continue to
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allocate service data amongst the UZAs
they serve according to a reasonable
methodology based on the service
provided.
F. Proposed Elimination of Consolidated
Reporting and Update of Small Systems
Waiver Reporting—(25 comments)
The FTA proposes to eliminate
consolidated reports and have all
urbanized area transit providers report
directly to the NTD. Currently there are
fewer than 10 consolidated reporters in
the NTD. Consolidated reporting makes
it difficult to validate and assure the
accuracy of NTD data. It complicates
NTD data presentation and makes it
harder to use the NTD to answer basic
questions about the transit industry.
The FTA received 25 comments on
the proposal to eliminate consolidated
reporting and update the small systems
waiver reporting. All commenters were
opposed to the elimination of
consolidated reporting. Fifteen (15)
stated that eliminating consolidated
reporting would be administratively
burdensome for the small agencies that
are currently part of consolidated
reports. Eleven (11) stated that the cost
of an individual audit to verify their
individual NTD submission would be
cost prohibitive. Eight (8) commenters
expressed concerns that small agencies
that would no longer be eligible for a
consolidated reporting would also no
longer be required to report passenger
miles. This reduction in passenger miles
reporting would impact the overall
formula funding for the UZA. Eight (8)
commenters expressed concerns over
the timeline to implement this change
and requested extensions between 6
months and 1 year. Finally, eight (8)
commenters requested that, should
consolidated reporting be eliminated,
the threshold for a small systems waiver
should be increased from 30 vehicles to
50 vehicles.
The FTA has taken into consideration
comments provided by the industry, but
does not agree that eliminating
consolidated reporting will be more
burdensome. Virtually all consolidated
reporters are small systems (30 or fewer
vehicles) and will qualify for reduced
reporting (formerly called small systems
waiver reporting). As part of a
consolidated report these systems are
currently providing data for a full NTD
report which requires significantly more
effort. For example, reduced reporting
does not require sampling for average
trip length, an expensive and timeconsuming process. In addition, small
systems filing reduced reports are only
required to do an audit of their
accounting capabilities once within
their first year of reporting. They are not
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required to do the annual audits that are
required of full reporters. Thus, FTA
concludes that concerns about excess
reporting burden and auditing
requirements are based on an
incomplete understanding of the
requirements.
In response to the concerns regarding
reporting of passenger miles, small
systems still have the option of
submitting full NTD reports, with
passenger miles, if they believe this will
have a significant impact on formula
funding for their urbanized areas. FTA
has evaluated this impact for
consolidated reporters, all of which are
in urbanized areas with populations of
greater than 200,000. Only 5.6 percent
of Urbanized Area Formula funds (5307)
and 8 percent of Bus and Bus Facilities
funds (5339) are apportioned based on
passenger miles. Consolidated reporters
are all relatively small operators and so
generate only a small portion of the
passenger miles in their urbanized
areas. The FTA finds that the impact of
their not reporting those miles on total
funding for those areas is quite small.
The FTA recognizes that the proposed
timeline may cause a hardship to some
reporters and will work with
consolidated reporter agencies to
transition them to individual reporters
over a 2 year period using data waivers
and extensions as necessary. FTA also
will provide training as the comments
we received show that many of these
agencies do not understand the reduced
reporting requirements and process.
Additionally, FTA wants to emphasize
that any large transit system that
currently sponsors a consolidated report
may continue to fill out NTD Report
Forms on behalf of reporters filing with
reduced reporting requirements. The
FTA also will consider adjusting the
limit for small systems, currently at 30
or fewer vehicles in maximum operating
service, at some point in the future.
G. Clarification on Consistent Use of
Transit System Names and Organization
Types—(3 comments)
The FTA proposed that the name and
organization type on the B–10 form
must now match the total revenues and
total expenses reported on the F forms.
The FTA received three (3) comments
in response to this clarification. One (1)
commenter stated that this will not
impact their current reporting. One (1)
commenter reiterated a concern over
administrative burden for small
agencies if the consolidated reporting is
eliminated. This concern has been
addressed in section F of this notice and
will not be further addressed here.
The final comment expressed a
concern that reporters to the NTD would
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have to report non-transit costs to the
NTD.
The FTA does not intend to collect
data on non-transit services. However, it
may be necessary to appropriately
indicate the size of non-transit costs in
order to ensure that the NTD report can
be reconciled with a reporter’s
published financial statements.
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H. Policy Clarification Allowing
Delegation of Chief Executive Officer
(CEO) Certification Responsibility—(6
comments)
The FTA proposed to formally allow
the CEO (or equivalent officer) to
delegate those duties to another
individual within the organization. This
delegation would be indicated by
submission of a delegation letter, signed
by the CEO on organization letterhead,
naming the individual who will act in
the CEO’s name for this purpose.
The FTA received six (6) responses to
this clarification. Three (3) commenters
supported or expressed that this
clarification would not impact their
current reporting. One (1) individual
expressed concern that his transit
system, which has no direct employees,
and is run by a Board of Commissioners,
would have difficulty complying with
this requirement. The remaining two (2)
commenters were seeking additional
clarification on this policy. The first
requested FTA guidance on the extent to
which certification would be considered
a ’public record’ under FOIA. The
second was seeking clarification on the
impact this would have on the
individual provided with the delegation
of the CEO submission. Specifically, is
the delegate also responsible for data
issues or concerns?
First, this is an option for reporters,
not a requirement. It does not require
any change in current certification
procedures. Our intent is to expedite
submission of reports at agencies where
it is difficult for the CEO to schedule
time to submit the report by allowing
delegation of this task. Although the
CEO can have subordinates certify the
report, the CEO remains, ultimately,
responsible for the accuracy of the data
submitted. All NTD documents will
continue to be public records subject to
Federal and State Freedom of
Information Act (FOIA) laws.
The comments received on this item
did not identify any significant issues
with its implementation and FTA will
proceed with allowing delegation of
CEO certification responsibility as
proposed.
VerDate Sep<11>2014
17:46 Apr 06, 2015
Jkt 235001
I. Elimination of Unnecessary Reporting
Requirements—(6 comments)
In its ongoing efforts to streamline
NTD reporting requirements and to
eliminate unnecessary data collection
FTA proposed to eliminate the
requirement for rail systems to report
vehicle revenue miles, vehicle revenue
hours, unlinked passenger trips, and
passenger miles traveled for morning
peak and evening peak periods. The
FTA is no longer using these data and
has determined that this data collection
is unnecessary. This will align the
service data reporting requirements for
rail modes with other modes.
The FTA also proposed to eliminate
the B–60 and B–70 forms for identifying
funds passed from one public entity to
another public entity. The clarifications
to the reporting of purchased
transportation proposed above will
render these forms unnecessary, and
FTA will no longer require these data.
There were six (6) responses to the
proposed elimination of unnecessary
reporting requirements. Four (4)
commenters expressed support for these
changes. Two (2) commenters suggested
that FTA should consider eliminating
the fleet management plan reporting
requirements if the proposed expansion
of capital asset reporting (see section G)
is implemented. The FTA will proceed
with eliminating the proposed reporting
requirements and take the
recommendation to eliminate the fleet
management plan reporting requirement
under consideration while making a
final determination on the capital asset
reporting recommendation (see section
K).
J. Updated Guidance for Sampling of
Passenger Miles—(6 comments)
The FTA proposed to withdraw
several outdated Urban Mass
Transportation Administration (UMTA)
Circulars that have remained in effect.
In particular, FTA proposed to
withdraw UMTA C2710.1A, UMTA
C2710.2A, and UMTA C2710.4A, which
relate to procedures for conducting
statistical samples to collect passenger
mile data. The FTA proposed to replace
these Circulars with the NTD Sampling
Manual, which has been in use as
optional guidance for several years now.
Withdrawing these outdated circulars
will make the NTD Sampling Manual
permanent guidance for procedures on
sampling for passenger miles.
In addition, FTA proposed to
withdraw UMTA C2710.6 and UMTA
C2710.7. Both are outdated circulars
that have been superseded by the NTD
Reporting Manual. The texts of these
circulars, as well as the NTD Sampling
PO 00000
Frm 00118
Fmt 4703
Sfmt 9990
18703
Manual may be reviewed at
www.ntdprogram.gov.
The FTA received Six (6) comments
on the updated guidance for the
sampling of passenger miles. Three (3)
comments expressed support for this
change. Two (2) commenters asked FTA
to clarify in the final publication of this
guidance that alternative methodologies
for sampling passenger miles would be
acceptable. Specifically, one industry
association commented ‘‘to the extent
sampling methodologies other than
described in the NTD Sampling Manual
provide comparable or better levels of
statistical accuracy, FTA should make
clear that such are acceptable.’’ Two (2)
commenters requested postponing the
implementation of this guidance until
fiscal year 2017 or fiscal year 2018 for
reporters that are already collecting data
under an alternative methodology in
their current fiscal year.
The FTA intends to continue with the
implementation of this updated
guidance. In response to the concerns
raised by commenters wishing to
continue using an alternative sampling
methodology the updated guidance
presented in this Federal Register
Notice does not preclude agencies from
continuing to use alternative sampling
methods that meet NTD accuracy
requirements. In addition, an agency
wishing to transition to a new sampling
method provided in this guidance may
request a waiver to extend the
implementation timeline.
K. Expansion of Capital Asset
Reporting—(18 comments)
The FTA received 18 comments on
the proposed expansion of Capital Asset
Reporting. Many comments raised
concerns over implementing this change
prior to the publication of a final Transit
Asset Management rule. FTA wants to
be thoughtful and consider all
comments before making this change
and will respond to these comments in
a future notice in the Federal Register.
This proposal will not, in any case, be
implemented for the FY 2014 NTD
reporting cycle.
Therese W. McMillan,
Acting Administrator.
[FR Doc. 2015–07879 Filed 4–6–15; 8:45 am]
BILLING CODE CODE 4910–57–P
E:\FR\FM\07APN1.SGM
07APN1
Agencies
[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Notices]
[Pages 18699-18703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07879]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. FTA-2014-0009]
Response to Comments on Updates to National Transit Database
Annual Information Collection
AGENCY: Federal Transit Administration, DOT.
ACTION: Notice of Revised NTD Reporting Manual and Response to
Comments.
-----------------------------------------------------------------------
SUMMARY: This notice provides the Federal Transit Administration's
response to comments on proposed changes to the National Transit
Database (NTD) Reporting Manual, and provides notice that the final
Reporting Manual for the 2014 Report Year is now available. The
guidance changes in this notice primarily relate to urbanized area
transit providers.
DATES: Upon publication of this notice the rules and guidance it
describes will become final.
FOR FURTHER INFORMATION CONTACT: Keith R. Gates, National Transit
Database Program Manager, FTA Office of Budget and Policy, (202) 366-
1794, or email: keith.gates@dot.gov
SUPPLEMENTARY INFORMATION:
Title: 49 U.S.C. 5335(a) and (b) National Transit Database. (OMB
Number: 2132-0008).
Background: Sections 5335(a) and (b) of title 49, United States
Code, require the Secretary of Transportation to maintain a reporting
system, using a uniform system of accounts, to collect financial and
operating information from the Nation's public transportation systems.
Congress established the National Transit Database (NTD) to be the
repository of national transit data to support public transportation
service planning. The Federal Transit Administration (FTA) administers
the NTD to meet these requirements and has collected data for over 30
years. The NTD is comprised of the Annual, Rural, Monthly, and Safety
modules. Each module has a Reporting Manual, which FTA updates from
time to time to provide new guidance to reporters. This notice provides
final updates to the Annual Reporting Manual for the 2014 Report Year.
Approximately 850 urban transit systems currently report to the NTD
Annual Module. Each system provides a report on their sources and uses
of funds, their capital assets, the amount of service they provide and
a Chief Executive Officer (CEO) certification of the data. The
reporting requirements for the NTD are within the level that received
Paperwork Reduction Act (PRA) approval as part of the entire NTD PRA
notice published in the Federal Register on November 7, 2011 (76 FR
6881) and approved by the Office of Management and Budget (OMB) on
April 29, 2012.
On August 19, 2014, FTA published a Federal Register notice for
comment on revisions to the NTD Reporting Manual (79 FR 49146). That
notice described various changes to the NTD Annual Module that are
taking effect with the FY 2014 NTD Report Year. The
[[Page 18700]]
FTA responds herein to comments on whether, and how, agencies reporting
this data might experience difficulties meeting the revised
requirements.
The updated guidance in the Annual Reporting Manual will provide
better data to the NTD which is used in the grant apportionment
formulas and for analysis of industry trends. These changes also
implement many of the policy changes enacted in the Moving Ahead for
Progress in the 21st Century Act (MAP-21). This notice is independent
of the larger rulemaking process that is underway to implement a
National Transit Asset Management system and other FTA rulemaking
activities.
FTA previously proposed 11 changes to NTD reporting:
A. Clarification for reporting subset data on Americans with
Disabilities Act (ADA) paratransit services
B. Clarification on the reporting of contractual relationships
C. Update the definition of the bus rapid transit mode (per FTA C
5300.1 SGR Grants Program)
D. Policy change so that certain High Occupancy Toll (HOT) lanes are no
longer fixed guideway for purposes of the State of Good Repair Formula
E. Updates to the definition of commuter service (related to Amtrak
services) and allocation of data to urbanized areas
F. Elimination of consolidated reporting in favor of Small System
Waiver reporting.
G. Clarification on consistent use of transit system names and
organization types
H. Policy clarification allowing delegation of CEO certification
responsibility
I. Elimination of unnecessary reporting requirements (dropping unneeded
forms)
J. Elimination of outdated Circulars related to sampling procedures.
K. Expansion of capital asset reporting required by MAP-21
FTA received 119 comments from 75 sources. This notice will respond
to comments on items A through J. The FTA received a substantial number
of comments on item K, the expansion of capital asset reporting. As FTA
originally proposed that the expanded asset reporting would not take
effect until at least the FY 2015 Report Year, FTA is taking additional
time to consider these comments, and will respond to them in a future
notice in the Federal Register.
Response to Comments
A. Clarification for Reporting Subset Data on ADA Paratransit
Services--(27 comments)
FTA proposed the following guidance to improve the consistency and
specificity of urban transit systems' ADA data reporting. This proposed
guidance would have only applied to full reports from urbanized areas;
not to rural reporting, nor to reporting under a small systems waiver.
(1) Transit systems that operate demand response services that are
not intended to fulfill the ADA paratransit requirements of any fixed
route service should report that zero (0) of their service and
operating expenses are attributable to ADA requirements.
(2) Transit systems that operate demand response services to
fulfill the ADA paratransit requirements of fixed-route service must
report their unlinked trips provided to all eligible paratransit
passengers (eligibility determined by local policy), excluding only the
following:
(i) Trips that are sponsored by a third party (e.g. Medicare-
sponsored trips);
(ii) Trips whose origin or destination (or both) are outside the
minimum service (within \3/4\ of a mile of fixed route service) area
required by the ADA; and,
(iii) Trips taken during times when the fixed-route system is not
operating.
(3) Transit systems that operate demand response services to
fulfill the ADA paratransit requirements of a fixed-route service would
then report their operating expenses for such services as attributable
to the ADA on the same basis. In general, if a transit system does not
have an accounting system to track this, then it may report on the
basis of the percentage of total demand response trips that were
identified as ADA trips, per the above criteria. That is, if ADA trips
were 76 percent of all demand-response mode trips, then ADA operating
expenses would be reported as 76 percent of total demand-response mode
operating expenses.
FTA received 27 comments on the clarification of the ADA
Paratransit Services reporting standards. Comments indicated that
agencies have integrated ADA requirements into their demand-response
systems to such an extent that it is technically difficult for them to
separate this service from their normal operations. Their responses
noted that it would constitute a considerable burden for them to report
this data separately. As FTA does not wish to impose additional
reporting burden to collect this data, we withdraw this proposal.
B. Clarification on the Reporting of Contractual Relationships--(9
comments)
FTA proposed to clarify that in order for service to be classified
as Purchased Transportation (PT), the service must meet three criteria:
(1) The contract or agreement must provide for the buyer to be
responsible for the fully-allocated cost of providing the service;
(2) The service must be operated in the name of the buyer (i.e. the
presence of the seller must be generally transparent to the riding
public); and,
(3) The seller must operate and manage the service.
Public transportation services that do not meet the above criteria
may still be reported to the NTD. However, these services would instead
be reported to the NTD as directly operated and would be reported by
the organization that is actually operating the service.
FTA received nine (9) comments in response to the clarifications on
the reporting of contractual relationships. Three (3) transit providers
indicated that they support this clarification or that their business
practices are already in compliance with these reporting standards. One
(1) additional commenter believes this clarification may be unnecessary
because any buyer/seller relationship anomalies would be apparent from
the type of NTD forms submitted by the reporter. The remaining five (5)
comments are summarized below:
One commenter suggests that the language be changed from the
fully allocated cost to the market rate for providing the service;
with the market rate being defined as the rate achieved either
through a competitive procurement process or a negotiated
procurement. Requiring the seller to provide complete accounting
records to support the fully allocated rate would be cumbersome and
could lead to unintended consequences for transit agencies seeking
to provide purchased transportation services at the lowest cost.
The issue presented here is that records must be kept to
demonstrate that the amount paid for the purchased service is the
actual cost of providing that service. The FTA reserves the right to
audit that claim. In general, it can be presumed that if the seller is
not receiving funds from any source other than the buyer, then the
buyer is paying the fully-allocated cost.
A commenter from an industry association suggested that final
guidance should not prohibit the identity of the seller from being
displayed on vehicles or uniforms. They also requested clarity on
how to identify 'fully allocated costs' of contracted service when
some services are provided by the buyer.
[[Page 18701]]
A commenter from a transit agency also requested clarification
on whether the name of the seller can be included on the vehicle or
advertisements.
FTA replies that, although the vehicle used for purchased
transportation must prominently display the name of the buyer, this
does not preclude the name of the seller, manufacturer or advertisers
from also being on the vehicle.
A commenter from a transit agency expressed concern that the
proposed change would eliminate the ability to report ridership for
its program of `last mile' shuttles from its rail stations.
FTA will address the specifics of this situation directly with the
reporter, but nothing in this proposal would prevent any transit
service from being reported to the NTD and included in the formula
apportionment. Any transit service that cannot be reported as purchased
transportation could be reported to the NTD as a directly operated
service instead.
One commenter from a transit agency suggested that certain
demand response services provided by a third party should be exempt
from the requirement to be operated in the name of the buyer. For
example, some transit systems use car services with non-dedicated
fleets to provide some ADA paratransit services.
FTA agrees and will clarify in the Reporting Manual that demand-
response taxi services need not be operated in the name of the buyer.
Comments received in response to this item did not identify any
significant issues preventing its implementation and FTA will proceed
with publishing these clarifications.
C. Updates to Definition of the Bus Rapid Transit Mode--(5 comments)
On January 28, 2015, FTA published a notice in the Federal Register
finalizing Circular FTA C 5300.1 State of Good Repair Grants Programs:
Circular and Application Instructions. In that circular FTA defines the
bus rapid transit (BRT) mode as a service that meets five criteria.
These criteria were re-published with the August 19, 2014 Federal
Register notice to provide additional notice to impacted parties, in
particular with regards to changing the definition of the BRT Mode in
the NTD. However, comments on whether the below criteria should be used
for funding eligibility in the State of Good Repair Formula Program
have been addressed through notice and comment on the circular and FTA
has accepted these criteria. The five criteria are as follows:
(1) Over 50 percent of the route operates in a separated right-of-
way (ROW) dedicated for transit use during peak periods (though other
traffic may make turning movements through the separated right-of-way);
(2) the route has defined stations that are accessible for persons
with disabilities, offer shelter from the weather, and provide
information on schedules and routes;
(3) the route offers faster passenger travel times through
congested intersections by using active signal priority in separated
guideway, and either queue-jump lanes or active signal priority in non-
separated guideway;
(4) the route offers short headway, bi-directional, service that is
provided for at least a 14 hour span on weekdays and a 10 hour span on
weekends; (Short headway service on weekdays, consists of maximum
headways that are either: 15 minutes or less throughout the day; or, 10
minutes or less during peak periods and 20 minutes or less at all other
times. Short headway service on weekends consists of maximum headways
that are 30 minutes or less for at least 10 hours for the day) and,
(5) a separate and consistent brand identity applied to stations
and vehicles.
Bus services that implement features of bus rapid transit systems,
but which do not meet all of the above criteria, particularly corridor-
based bus rapid transit projects, would still be reported to the NTD
under the fixed-route bus (MB) mode.
FTA received five (5) comments in response to the proposed
definition of the bus rapid transit mode.
Two (2) commenters suggested that this change was premature
given that Circular C5300.1 is still under development and could
have an impact on this definition. Both commenters suggested that
these changes should be deferred and reconsidered after the circular
has been completed.
The final circular was posted in the Federal Register on Wednesday,
January 28, 2015. NTD reporters need to use the published definition in
order to comply with MAP-21.
One transit system recommended the following changes to the
proposed definition: ``1) Over 50 percent of the route operating in
a separated ROW dedicated for transit use and HOV/HOT use during
peak periods; and, 2) the route offers short headway, bi-
directional, service during peak periods.'' They believe that the
current definition discourages partnerships that provide a
combination of BRT and high-occupancy toll or HOV services,
including the U.S. 36 BRT in Colorado. The weekend requirement would
also disqualify some BRT projects or force unproductive weekend
service.
Another transit agency commenter expressed concern that the
change in definition will disqualify some existing BRT routes from
being formally classified as BRT. They request that the calculation
to determine separated ROW exclude segments where a separated ROW is
not necessary due to insignificant traffic congestion. They further
recommend that the 'treatment of congested intersections' criterion
be simplified to be more consistent with the MAP-21 definition that
references `traffic signal priority for public transportation
vehicles'. This change in definition would allow routes that utilize
traffic signal priority at some but not all intersections to still
be designated BRT.
While FTA has considered alternate interpretations of MAP-21,
including these proposed by the commenters, FTA notes that the statute
has clear and specific requirements for separated guideway and high-
frequency service on weekends. The FTA must follow the statutory
requirements in these areas.
D. Guidance for Service on HOT Lanes--(8 comments)
The FTA proposed, beginning with the Fiscal Year 2016
apportionment, to no longer consider transit service operated on any
HOT lane to be the same as transit service operated on an HOV lane, for
purposes of the formula apportionment for the High-Intensity Motorbus
Tier. Comments on this were solicited in the previously mentioned March
3, 2014, FTA Federal Register Notice, C 5300.1 State of Good Repair
Grants Programs: Proposed Circular and Application Instructions. Thus,
while FTA did not seek additional comments on the impact of this policy
change on the State of Good Repair Formula Program, FTA did propose to
continue to collect data on the amount of transit service operated on
HOT Lanes in the NTD for future use.
The FTA received eight (8) comments in response to the guidance for
service in HOT lanes. Five (5) commenters provided feedback that was
not specific to FTA's request for comment on continuing to collect HOT
lane data for future use. These comments were in response to the March
3, 2014 Federal Register Notice on C 5300.1 and, therefore, will not be
addressed in this response.
Three (3) commenters provided feedback specific to this request for
comment. One (1) commenter suggested that any decisions on continuing
to collect HOT lane data should be postponed until after final
publication of the C 5300.1 State of Good Repair Grants Programs:
Circular and Application Instructions (which has now occurred). Two (2)
commenters stated that continuing to collect HOT lane data would be
unnecessary and burdensome if that data is no longer part of the State
of Good Repair formula.
[[Page 18702]]
Both requested that FTA discontinue collecting this data.
FTA has considered the feedback regarding the burden of collecting
HOT lane data and agrees that this reporting burden should be
minimized. FTA thus amends its proposal to only collect data on HOT
lane directional route miles. Data on HOT lane directional route miles
used in transit service will continue to provide important baseline
data for policy makers, and these data can be collected with a minimum
of reporting burden. However, FTA will discontinue collecting data on
vehicle revenue miles driven on those HOT lanes.
E. Updates to the Definition of Commuter Service and Allocation of Data
Attributable to an Urbanized Area (UZA)--(5 comments)
The definition of Public Transportation at 49 U.S.C. 5302
specifically excludes intercity passenger rail operated by Amtrak, and
also intercity bus service. The FTA proposed to amend the definition of
public transportation in the NTD Reporting Manual to implement this
definition, and to clarify the distinction between commuter and
intercity services.
The FTA also proposed to clarify the instructions in the Reporting
Manual regarding the allocation of transit service between multiple
areas. Transit service classified as commuter service that connects one
or more urbanized areas or that connects rural areas with one or more
urbanized areas must be allocated to the urbanized area that is
primarily being served. Each transit agency may determine what
proportion of service to allocate to each urbanized area according to a
reasonable methodology.
The FTA received five (5) comments in response to the proposed
update to the definition of commuter service and allocation of data
attributable to an urbanized area. One (1) commenter stated that these
updates would not impact their current reporting practices. The
remaining four (4) comments all requested that FTA continue its current
practice of allowing agencies to determine how service is allocated
amongst the UZAs they serve.
The comments on these proposed updates were solely concerned with
the allocation of service data amongst the UZAs being served by
commuter service. FTA wishes to clarify that the proposed updates will
not impact the ability for transit agencies to continue with their
current methodology for determining how service data is allocated
amongst the UZAs they serve. A transit agency may continue to allocate
service data amongst the UZAs they serve according to a reasonable
methodology based on the service provided.
F. Proposed Elimination of Consolidated Reporting and Update of Small
Systems Waiver Reporting--(25 comments)
The FTA proposes to eliminate consolidated reports and have all
urbanized area transit providers report directly to the NTD. Currently
there are fewer than 10 consolidated reporters in the NTD. Consolidated
reporting makes it difficult to validate and assure the accuracy of NTD
data. It complicates NTD data presentation and makes it harder to use
the NTD to answer basic questions about the transit industry.
The FTA received 25 comments on the proposal to eliminate
consolidated reporting and update the small systems waiver reporting.
All commenters were opposed to the elimination of consolidated
reporting. Fifteen (15) stated that eliminating consolidated reporting
would be administratively burdensome for the small agencies that are
currently part of consolidated reports. Eleven (11) stated that the
cost of an individual audit to verify their individual NTD submission
would be cost prohibitive. Eight (8) commenters expressed concerns that
small agencies that would no longer be eligible for a consolidated
reporting would also no longer be required to report passenger miles.
This reduction in passenger miles reporting would impact the overall
formula funding for the UZA. Eight (8) commenters expressed concerns
over the timeline to implement this change and requested extensions
between 6 months and 1 year. Finally, eight (8) commenters requested
that, should consolidated reporting be eliminated, the threshold for a
small systems waiver should be increased from 30 vehicles to 50
vehicles.
The FTA has taken into consideration comments provided by the
industry, but does not agree that eliminating consolidated reporting
will be more burdensome. Virtually all consolidated reporters are small
systems (30 or fewer vehicles) and will qualify for reduced reporting
(formerly called small systems waiver reporting). As part of a
consolidated report these systems are currently providing data for a
full NTD report which requires significantly more effort. For example,
reduced reporting does not require sampling for average trip length, an
expensive and time-consuming process. In addition, small systems filing
reduced reports are only required to do an audit of their accounting
capabilities once within their first year of reporting. They are not
required to do the annual audits that are required of full reporters.
Thus, FTA concludes that concerns about excess reporting burden and
auditing requirements are based on an incomplete understanding of the
requirements.
In response to the concerns regarding reporting of passenger miles,
small systems still have the option of submitting full NTD reports,
with passenger miles, if they believe this will have a significant
impact on formula funding for their urbanized areas. FTA has evaluated
this impact for consolidated reporters, all of which are in urbanized
areas with populations of greater than 200,000. Only 5.6 percent of
Urbanized Area Formula funds (5307) and 8 percent of Bus and Bus
Facilities funds (5339) are apportioned based on passenger miles.
Consolidated reporters are all relatively small operators and so
generate only a small portion of the passenger miles in their urbanized
areas. The FTA finds that the impact of their not reporting those miles
on total funding for those areas is quite small.
The FTA recognizes that the proposed timeline may cause a hardship
to some reporters and will work with consolidated reporter agencies to
transition them to individual reporters over a 2 year period using data
waivers and extensions as necessary. FTA also will provide training as
the comments we received show that many of these agencies do not
understand the reduced reporting requirements and process.
Additionally, FTA wants to emphasize that any large transit system that
currently sponsors a consolidated report may continue to fill out NTD
Report Forms on behalf of reporters filing with reduced reporting
requirements. The FTA also will consider adjusting the limit for small
systems, currently at 30 or fewer vehicles in maximum operating
service, at some point in the future.
G. Clarification on Consistent Use of Transit System Names and
Organization Types--(3 comments)
The FTA proposed that the name and organization type on the B-10
form must now match the total revenues and total expenses reported on
the F forms.
The FTA received three (3) comments in response to this
clarification. One (1) commenter stated that this will not impact their
current reporting. One (1) commenter reiterated a concern over
administrative burden for small agencies if the consolidated reporting
is eliminated. This concern has been addressed in section F of this
notice and will not be further addressed here.
The final comment expressed a concern that reporters to the NTD
would
[[Page 18703]]
have to report non-transit costs to the NTD.
The FTA does not intend to collect data on non-transit services.
However, it may be necessary to appropriately indicate the size of non-
transit costs in order to ensure that the NTD report can be reconciled
with a reporter's published financial statements.
H. Policy Clarification Allowing Delegation of Chief Executive Officer
(CEO) Certification Responsibility--(6 comments)
The FTA proposed to formally allow the CEO (or equivalent officer)
to delegate those duties to another individual within the organization.
This delegation would be indicated by submission of a delegation
letter, signed by the CEO on organization letterhead, naming the
individual who will act in the CEO's name for this purpose.
The FTA received six (6) responses to this clarification. Three (3)
commenters supported or expressed that this clarification would not
impact their current reporting. One (1) individual expressed concern
that his transit system, which has no direct employees, and is run by a
Board of Commissioners, would have difficulty complying with this
requirement. The remaining two (2) commenters were seeking additional
clarification on this policy. The first requested FTA guidance on the
extent to which certification would be considered a 'public record'
under FOIA. The second was seeking clarification on the impact this
would have on the individual provided with the delegation of the CEO
submission. Specifically, is the delegate also responsible for data
issues or concerns?
First, this is an option for reporters, not a requirement. It does
not require any change in current certification procedures. Our intent
is to expedite submission of reports at agencies where it is difficult
for the CEO to schedule time to submit the report by allowing
delegation of this task. Although the CEO can have subordinates certify
the report, the CEO remains, ultimately, responsible for the accuracy
of the data submitted. All NTD documents will continue to be public
records subject to Federal and State Freedom of Information Act (FOIA)
laws.
The comments received on this item did not identify any significant
issues with its implementation and FTA will proceed with allowing
delegation of CEO certification responsibility as proposed.
I. Elimination of Unnecessary Reporting Requirements--(6 comments)
In its ongoing efforts to streamline NTD reporting requirements and
to eliminate unnecessary data collection FTA proposed to eliminate the
requirement for rail systems to report vehicle revenue miles, vehicle
revenue hours, unlinked passenger trips, and passenger miles traveled
for morning peak and evening peak periods. The FTA is no longer using
these data and has determined that this data collection is unnecessary.
This will align the service data reporting requirements for rail modes
with other modes.
The FTA also proposed to eliminate the B-60 and B-70 forms for
identifying funds passed from one public entity to another public
entity. The clarifications to the reporting of purchased transportation
proposed above will render these forms unnecessary, and FTA will no
longer require these data.
There were six (6) responses to the proposed elimination of
unnecessary reporting requirements. Four (4) commenters expressed
support for these changes. Two (2) commenters suggested that FTA should
consider eliminating the fleet management plan reporting requirements
if the proposed expansion of capital asset reporting (see section G) is
implemented. The FTA will proceed with eliminating the proposed
reporting requirements and take the recommendation to eliminate the
fleet management plan reporting requirement under consideration while
making a final determination on the capital asset reporting
recommendation (see section K).
J. Updated Guidance for Sampling of Passenger Miles--(6 comments)
The FTA proposed to withdraw several outdated Urban Mass
Transportation Administration (UMTA) Circulars that have remained in
effect. In particular, FTA proposed to withdraw UMTA C2710.1A, UMTA
C2710.2A, and UMTA C2710.4A, which relate to procedures for conducting
statistical samples to collect passenger mile data. The FTA proposed to
replace these Circulars with the NTD Sampling Manual, which has been in
use as optional guidance for several years now. Withdrawing these
outdated circulars will make the NTD Sampling Manual permanent guidance
for procedures on sampling for passenger miles.
In addition, FTA proposed to withdraw UMTA C2710.6 and UMTA
C2710.7. Both are outdated circulars that have been superseded by the
NTD Reporting Manual. The texts of these circulars, as well as the NTD
Sampling Manual may be reviewed at www.ntdprogram.gov.
The FTA received Six (6) comments on the updated guidance for the
sampling of passenger miles. Three (3) comments expressed support for
this change. Two (2) commenters asked FTA to clarify in the final
publication of this guidance that alternative methodologies for
sampling passenger miles would be acceptable. Specifically, one
industry association commented ``to the extent sampling methodologies
other than described in the NTD Sampling Manual provide comparable or
better levels of statistical accuracy, FTA should make clear that such
are acceptable.'' Two (2) commenters requested postponing the
implementation of this guidance until fiscal year 2017 or fiscal year
2018 for reporters that are already collecting data under an
alternative methodology in their current fiscal year.
The FTA intends to continue with the implementation of this updated
guidance. In response to the concerns raised by commenters wishing to
continue using an alternative sampling methodology the updated guidance
presented in this Federal Register Notice does not preclude agencies
from continuing to use alternative sampling methods that meet NTD
accuracy requirements. In addition, an agency wishing to transition to
a new sampling method provided in this guidance may request a waiver to
extend the implementation timeline.
K. Expansion of Capital Asset Reporting--(18 comments)
The FTA received 18 comments on the proposed expansion of Capital
Asset Reporting. Many comments raised concerns over implementing this
change prior to the publication of a final Transit Asset Management
rule. FTA wants to be thoughtful and consider all comments before
making this change and will respond to these comments in a future
notice in the Federal Register. This proposal will not, in any case, be
implemented for the FY 2014 NTD reporting cycle.
Therese W. McMillan,
Acting Administrator.
[FR Doc. 2015-07879 Filed 4-6-15; 8:45 am]
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