National Transit Database: Capital Asset Reporting, 48971-48974 [2016-17075]
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Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2014–0006 and FTA–2015–
0029]
National Transit Database: Capital
Asset Reporting
AGENCY:
Federal Transit Administration,
DOT.
ACTION:
Notice; Response to comments.
This notice finalizes the
expansion of the Federal Transit
Administration’s (FTA) National Transit
Database (NTD) Asset Inventory
reporting requirements.
DATES: The reporting requirements will
be optional in report year 2017 with full
implementation required in report year
2018.
FOR FURTHER INFORMATION CONTACT:
Maggie Schilling, National Transit
Database Program Manager, FTA Office
of Budget and Policy, (202) 366–2054 or
margaret.schilling@dot.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Contents
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A. Background
B. Response to Comments on Expansion of
Capital Asset Reporting
C. Overview of Final Requirements
A. Background
On August 19, 2014, FTA published
a Federal Register notice (initial notice)
(Docket No. FTA–2014–0006, 79 FR
49146) for comment on proposed
revisions to the NTD Reporting Manual.
The notice described various proposed
changes to the NTD annual module,
including a revised capital asset
inventory reporting module for urban
reporters. In response to the initial
notice, commenters requested that FTA
postpone the implementation of the
expanded asset inventory until after the
publication of the Transit Asset
Management Notice of Proposed
Rulemaking. FTA agreed with this
request and a second Federal Register
noticed was published on November 18,
2015 (Docket No. FTA–2015–0029, 80
FR 72137). The second notice
responded to comments received in
response to proposals in the initial
notice. In addition, in response to
comments, the second notice proposed
changes to FTA’s initial proposed
reporting requirements, and requested
comment on these proposed changes. he
comment period for this second notice
closed on January 19, 2016.
The proposed changes to the NTD
Reporting Manual stem from
amendments to Federal transit law
made by the Moving Ahead for Progress
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in the 21st Century Act (MAP–21) (Pub.
L. 112–141, July 6, 2012), which require
recipients of chapter 53 funds to report
to the NTD any information relating to
a transit asset inventory or condition
assessment conducted by the recipient.
(49 U.S.C. 5335(c)). Currently, the NTD
only collects asset inventory
information on revenue vehicles and
summary counts for other asset
categories, such as maintenance
facilities and fixed guideway. There are
some assets, such as signal or
communications systems, for which
NTD collects no data. In the both the
initial and second notice, FTA proposed
to collect additional asset inventory data
to meet the asset inventory and
condition reporting requirements at 49
U.S.C. 5335(c).
In accordance with the Paperwork
Reduction Act, FTA included in the
second notice a summary of the burden
hours and costs for this enhanced
reporting requirement. FTA estimated
that the initial year burden nationally
would be 18,636 hours for urban
reporters and 13,097 hours for state and
rural reporters, or 31,097 hours in total.
This represents a 10.5% increase to the
total NTD reporting requirement in the
first year. FTA estimated the burden in
subsequent years at 9,318 hours for
urban reporters and 6,549 for state and
rural reporters, for a total of 15,867
hours, representing a 5.2% increase to
the total NTD reporting requirement.
B. Response to Comments on Expansion
of Capital Asset Reporting
The comment period for the second
notice closed on January 19, 2016. FTA
received 25 comments. Following is a
summary of the comments received
with FTA responses.
Comment: FTA received a number of
comments expressing concern over the
additional burden imposed by
expanding the asset inventory. Twenty
commenters stated that the proposal
was too burdensome. Thirteen
commenters expressed concern that the
additional reporting burden may divert
resources away from transit service
provision. Eight commenters felt the
burden estimates provided by FTA were
‘understated’.
Response: The final Transit Asset
Management (TAM) rule, also published
in today’s Federal Register, requires all
agencies to (1) create and maintain an
asset inventory along with condition
assessments, and (2) develop
performance targets. FTA calculated a
paperwork burden estimate for those
tasks and included that estimate in the
TAM rulemaking process. The NTD
burden estimate provided in the second
NTD notice assumes that an agency will
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already have an asset inventory in place
as part of its compliance with the TAM
rule and, therefore, only includes the
time and costs estimated to enter
existing asset inventory information into
the NTD reporting system. In some
cases, modifications to existing data
may be necessary to enter this
information into the NTD. The burden
estimates provided in the second notice
take into account small modifications of
existing information in the asset
inventories required by the TAM rule
for reporting in the standard formats
established by the NTD.
In calculating the burden estimate for
NTD reporting, FTA asked several
agencies to enter their existing asset
inventory information into the proposed
format and report the time necessary to
complete this task. Three agencies
completed an entire report and their
experience with the new reporting
requirements served as the foundation
for the final estimates. A ‘per field’
reporting time was calculated and then
multiplied out over the estimated data
fields expected nationally to create a
final burden estimate.
FTA remains committed to
implementing reasonable data reporting
requirements, while also meeting the
requirements in the law for reporting
asset condition information. In response
to the initial round of comments on the
asset inventory, FTA made several
modifications to reduce the overall
reporting burden, including removing
replacement cost information for all
asset types. FTA believes that this asset
inventory fulfills the MAP–21 update to
49 U.S.C. 5335(c) that recipients report
asset inventory and condition
assessment information to the NTD and
allows meaningful data analysis on the
national capital needs of the transit
industry. While FTA recognizes that the
proposed changes would result in an
increase over the current reporting
requirements, the highest burden would
exist in the first year of start-up
reporting. Once an asset has been
entered into the inventory module, the
information would be pre-populated for
each subsequent year. Reporters only
would be responsible for providing
annual updates to new or retired asset
inventory items in subsequent years.
Comment: An additional area of
concern was related to the new
reporting requirements for recipients of
funding under 49 U.S.C. 5310 (section
5310). Nine commenters stated that
reporting for section 5310 recipients
should be limited or eliminated entirely.
Ten commenters felt that any reporting
done on behalf of section 5310
recipients should be done at the
designated recipient or State level rather
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than the subrecipient level to minimize
the burden of this new reporting. This
same group of commenters suggested
that only vehicles used in public transit
and, preferably only vehicles purchased
with federal money, should be reported.
Five commenters requested that
performance targets and reporting
should be removed for section 5310
recipients.
Response: FTA is committed to
developing requirements that are
mindful of the burden for small transit
providers. FTA understands that direct
reporting may prove too difficult for
small section 5310 recipients. In order
to minimize this burden, FTA concurs
with the comment that reporting on the
assets for section 5310 recipients should
be performed at the designated recipient
or State level. The reporting guidance
will be updated to reflect this change.
In response to the applicability of
reporting for section 5310 reporters: The
NTD asset inventory requirements will
mirror the reporting requirements
established by the Transit Asset
Management rule. The final reporting
requirements for the National TAM
System apply to all chapter 53
recipients or subrecipients who own,
operate, or manage public transportation
capital assets. FTA currently requires
NTD reports from recipients of funds
under the Urbanized Area Formula
Program (49 U.S.C. 5307 or section
5307) and the Rural Area Formula
Program (49 U.S.C. 5311 or section
5311). As such, this new rule replaces
references to section 5307 and section
5311 recipients with references to
recipients and subrecipients of chapter
53 funds. This change will require
recipients and subrecipients of other
FTA grant programs, such as the section
5310 formula program for the enhanced
mobility of seniors and individuals with
disabilities, who are not also receiving
funds under section 5307 or section
5311, to start reporting to the NTD. FTA
will not apply existing NTD reporting
requirements to all recipients of chapter
53 funds. FTA will apply only the
reporting requirements proposed under
the National TAM System to those
transit providers that do not currently
report.
Comment: Eleven commenters
requested a reduced set of reporting
requirements for section 5311
recipients. This group of commenters
asked to have required reporting
reduced below current NTD reporting
levels for revenue vehicles.
Response: The revenue vehicle
inventory required for section 5311
recipients is already a greatly reduced
version of vehicle inventory required for
urban reporters. In the expanded asset
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inventory, FTA is only requesting one
additional data element for revenue
vehicles from section 5311 recipients: A
useful life benchmark for each fleet,
which is necessary for calculating the
performance measures under the TAM
rule. Additionally, FTA’s research
indicates that no exclusively rural
subrecipients provide rail fixed
guideway service, so rural subrecipients
will not need to report the slow zones
metric. For the other two performance
measures, facility conditions and
service vehicles, FTA is proposing to
collect only the minimum data required
for these measures.
Comment: Fifteen commenters stated
that the proposed inventory should not
include contractor assets. One transit
agency specifically stated that condition
assessments and replacement cost
information should not be required for
any contractor-owned assets.
Response: FTA understands the
difficulty of providing detailed
information on contractor assets.
However, the NTD plans to follow the
decision codified in the final TAM rule
that a TAM Plan should, to a certain
extent, take into account third party
assets used in the provision of public
transportation service. The final rule
requires that all assets used in the
provision of transit service be included
in a transit providers’ asset inventory,
including those assets that are owned,
operated, or maintained by a third party
or were procured jointly. However,
agencies would only be responsible for
conducting condition assessments,
establishing performance targets, and
reporting these condition assessments
and performance targets to the NTD for
capital assets for which it has direct
capital responsibility. A transit provider
has direct capital responsibility for an
asset if that asset has been or currently
is included in its program of capital
projects. A transit provider also has
direct capital responsibility for an asset
if it can reasonably anticipate that the
asset will be included in its program of
capital projects during the TAM plan
horizon period. Once an asset becomes
a part of a transit provider’s capital
program, the transit provider must
comply with the final rule’s condition
assessment, target setting, and
investment prioritization requirements.
NTD reporters currently are required
to report a limited amount of
information on non-dedicated or
contractor-owned fleets. In the case of
non-dedicated contractor-owned vehicle
fleets, the NTD asks reporters to provide
information on a ‘representative vehicle’
to the current revenue vehicle
inventory. The NTD asset inventory
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would contain the same requirement
moving forward.
FTA also requires that agencies
provide basic information for all
passenger stations that they use for
transit service regardless of ownership
or capital responsibility. Additionally,
basic inventory information is required
for all track and guideway regardless of
ownership or capital responsibility.
Inventory information for maintenance
and administrative facilities are only
reportable if the agency has full or
partial capital replacement
responsibility for the facility.
Comment: Twelve commenters
requested the removal of service
equipment from the NTD Asset
Inventory.
Response: In order to best align the
NTD asset inventory with the TAM rule
reporting requirements, FTA believes it
is appropriate to keep an inventory of
‘service equipment’ in the NTD. This
information will provide verification of
the TAM performance targets and
performance against those targets. In
addition, non-revenue service vehicles
and equipment represent a large capital
expense for some agencies. Including a
basic inventory of these vehicles and
equipment in the NTD will provide
additional clarity on the state of good
repair backlog for the transit industry.
The final TAM rule requires transit
providers to report the percentage of
non-revenue, support-service and
maintenance vehicles that have met or
exceeded their useful life benchmark.
This is the identified SGR performance
measure for equipment. Non-revenue
service vehicles are an easily
understood and readily identifiable
category of equipment, and the agebased performance measure is the most
simple and straightforward performance
measure available.
Comment: A number of comments
related to consistency between the
NTD’s proposed asset inventory and
other FTA reporting requirements and/
or requests. Three commenters
suggested that the requirements and
organization of data in the NTD asset
inventory should mirror those of the
Transit Economic Requirement Model
(TERM). Five commenters stated that
the assets reported to the NTD should
not necessarily be subject to the Transit
Asset Management rule requirements.
Response: FTA developed the
proposed asset inventory with the
TERM requirements in mind. While the
requirements are not identical, the
proposed NTD inventory is intended to
supplement the data currently available
through annual surveys for TERM. In
some cases, the data collected through
this NTD inventory will replace
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estimated data in TERM to provide a
more accurate picture of the state of the
nation’s transit assets.
FTA expects that the assets collected
through this NTD inventory will often
only be a subset of the assets a transit
provider will collect to create their TAM
plan. This inventory is intended to
provide high level information on major
asset classes. While an agency may find
this level of granularity to be sufficient,
FTA does not intend to limit an
agency’s ability to create a more detailed
inventory to inform its TAM plan.
Comment: A number of commenters
expressed concern over the
implementation timeline. Ten
commenters asked that the final
implementation be postponed. The
suggested timelines ranged from ‘after
the final Transit Asset Management
(TAM) rule’ to up to two years after the
TAM rule was finalized.
Response: FTA shares the concern
that reporters may need additional time
to complete these new reporting
requirements. Taking into consideration
the feedback from commenters, FTA
will postpone final implementation of
the majority of asset inventory reporting
requirements until report year 2018,
beginning in September 2018. FTA will
allow for optional reporting in report
year 2017 (beginning in September
2017). The NTD asset inventory will
auto-populate information each year
based on the assets entered in the
previous year’s report. The optional
reporting year in report year 2017 will
give agencies two reporting cycles to
enter all reportable assets into the NTD
system. FTA will also consider
additional requests from individual
transit systems for an extension of the
reporting requirements beyond 2018 on
a case-by-case basis, in accordance with
the existing NTD policies for such
requests.
While asset reporting will be
postponed, FTA will require agencies to
provide their performance targets for the
four performance measures required by
the Transit Asset Management rule. The
TAM rule requires agencies to report
their performance targets three months
after the effective date of the final rule.
The NTD system will be the reporting
tool used to capture these targets. The
NTD system will allow reporting of
these targets by October 2016. FTA
understands that the targets provided in
October 2016, and in the first few years
of reporting, will necessarily by
preliminary targets. However, FTA is
bound by the statutory provision
requiring targets within three months of
the final rule.
Comment: Three commenters
requested FTA to engage in additional
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collaboration with the industry to
develop asset inventory reporting
requirements.
Response: FTA engaged a number of
industry professionals and transit
agencies during the development of
these reporting requirements.
Considerable research was conducted
on the current state of asset inventory
practices across the industry. FTA
contracted with a major engineering
firm, AECOM, which has been involved
in developing asset inventories at
numerous transit systems, to assist FTA
in organizing the development of the
proposed NTD asset inventory
requirements. Additionally, nine (9)
transit agencies were engaged to provide
direct testing and feedback of the
proposed data collection requirements,
and FTA made significant revisions to
the proposed data collection
requirements in response to that
feedback. FTA has also provided two
opportunities for the transit industry to
comment on these requirements through
the Federal Register notice and
comment process, and has continued to
revise and refine the data collection
requirements in response to these
comments. Finally, FTA held two
informational webinars as well as
several presentations of this proposal at
industry conferences and events, where
FTA also received useful feedback to
improve the proposed data collection.
Based on these efforts, FTA believes it
has refined the data collection
requirements to collect the minimum
data necessary in the least-burdensome
way, while also satisfying the
mandatory statutory requirements for
improved asset inventory and asset
condition information.
Comment: FTA received a number of
comments related to the dollar
thresholds for reportable assets. Several
commenters asked for clarity on the
$10,000 threshold for reportable assets.
Eleven commenters suggested that
assets should only be reportable if they
have an initial value of $50,000 or more.
Response: FTA did not provide any
dollar thresholds in the asset inventory
reporting requirements and does not
intend to set a threshold for reportable
assets in this inventory. In most cases,
the assets requested in the asset
inventory are in excess of $50,000 in
value. In a few cases some assets may
fall below this threshold, such as
vehicles or sedans used by transit
agencies for their staff or demand
response services. In all cases, however,
the reporting requirements are clear as
to which assets must be included—i.e.,
to include all buildings, or to include all
road-worthy revenue service vehicles—
making a dollar threshold unnecessary.
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Comment: Five commenters requested
a bulk upload feature to facilitate the
reporting of this information.
Response: FTA intends to develop
bulk upload capabilities for the NTD
reporting system. FTA hopes to have
this feature in place in time for optional
reporting in the fall of 2017.
Comment: One commenter asked FTA
to clarify that reporting will not be
uniform across modes, specifically that
some fields may be left blank if they do
not apply to a mode.
Response: FTA concurs that there will
be instances where some data requested
will not apply to a specific mode. FTA
will ensure that there is additional
clarity in the reporting guidance to
address this request.
Comment: A number of commenters
asked FTA to clarify that the receipt of
funds pursuant to 49 U.S.C. 5339
(section 5339) would not impact the
NTD asset inventory reporting
requirements.
Response: FTA believes this problem
was resolved by the implementation of
the FAST Act. In any event, FTA
clarifies that if a State is a direct
recipient of section 5339 funds and
passes those funds through to
subrecipients, this does not create an
obligation for the State to report to FTA
on behalf of those subrecipients of
section 5339 funds if those
subrecipients are already directly
reporting to the NTD as direct recipients
of section 5307 funds.
Comment: One commenter requested
guidance on calculating a useful life
benchmark (ULB) that is not based on
accounting depreciation standards.
Response: The calculation of a useful
life benchmark may vary considerably
between transit operators based on
original equipment specifications,
operating environment and maintenance
or capital replacement schedules. Due to
these variations, FTA intends to leave
the calculation of such a metric up to
the individual providers. To facilitate
reporting, FTA will provide a ULB
estimate based on the Transit Economic
Requirements Model (TERM)
depreciation curves in the NTD
reporting system. These estimates will
also be available in the reporting
manual. The ULB estimate provided by
NTD will be the point at which a
vehicle reaches 2.5 in TERM.
Comment: One commenter requested
clarification on the relationship between
the A–50 and A–55 forms in the new
asset inventory.
Response: The A–50 and A–55 forms
collect information on the guideway and
track elements, respectively. The A–50
contains information about guideway
elements including guideway type (at-
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grade ballast, elevated/concrete etc.) and
power/signal elements including
substations and third rail. The A–55
collects information on the track
including linear feet of tangent and
curve track as well as crossovers and
turnouts.
Comment: A number of commenters
submitted feedback on the requirements
for the TAM Notice of Proposed
Rulemaking under this notice. In
general, the comments related to the
proposed TAM Plan elements or
granularity of data required for the TAM
plan.
Response: As these comments are not
directly applicable to the NTD Asset
Inventory requirements they have not
been further summarized or addressed
in this notice.
C. Final Reporting Requirements
The finalized reporting requirements
can be found on the NTD Web site at:
www.transit.dot.gov/ntd.
The reporting requirements will be
optional in report year 2017 with full
implementation required in report year
2018. An overview of these
requirements is as follows:
1. Administrative and Maintenance
Facilities. Reported for all facilities for
which an agency has a capital
responsibility. Collects information on
administrative and maintenance
facilities used to supply transit service,
including facility name, street address,
square footage, year built or
substantially reconstructed, and primary
transit mode supported. Also includes a
condition assessment at least once every
three years for facilities for which an
agency has capital replacement
responsibility.
2. Passenger and Parking Facilities.
Reported for all passenger and parking
facilities used in transit service. Collects
information on passenger facilities and
passenger parking facilities used in the
provision of transit service, including
facility name, street address, square
footage and number of parking spaces,
year built or substantially reconstructed,
primary mode and percent of capital
responsibility. Also includes a
condition assessment at least once every
three years for facilities for which an
agency has capital replacement
responsibility.
3. Fixed Guideway. Reported for all
fixed guideway used in transit service.
Collects data on linear guideway assets
and power and signal equipment,
including the length of specific types of
guideway and corresponding
equipment, reported as network totals
by mode and operating agreement. The
data includes quantity, expected service
years, date of construction or major
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rehabilitation (within a ten year
window) and percent of capital
responsibility.
4. Track. Reported for all track used
in transit service. Collects data on track
assets, including length and total
number of track special work, reported
as network totals by rail mode and
operating agreement. The data includes
expected service years, date of
construction or major rehabilitation and
percent of capital responsibility.
5. Revenue Vehicles. Reporting
requirements remain the same for
urban/full and rural/reduced reporters
with the addition of a useful life
benchmark for each vehicle fleet.
Section 5310 recipients now report
according to the rural/reduced
requirements.
6. Service Vehicles. Reported for all
non-revenue service vehicles for which
an agency has capital replacement
responsibility. Collects data on service
vehicles that support transit service
delivery, maintain revenue vehicles,
and perform administrative activities.
The data includes quantity, expected
service life, and year of manufacture.
Also includes a useful life benchmark
for each vehicle type.
7. Transit Asset Management
Performance Metrics. The metrics
included in the Transit Asset
Management rule are reported annually
to the NTD:
(a) Equipment-Service Vehicles. The
performance measure for non-revenue,
support and maintenance vehicles is the
percentage of vehicles that have met or
exceeded their useful life benchmark
(ULB). To determine the ULB, a Transit
Provider may either use the default ULB
established by FTA or a ULB established
by the Transit Provider in consideration
of local conditions and usage and
approved by FTA. The NTD system will
calculate annual performance based on
the manufacturer’s age information that
is entered into the vehicle inventory.
Reporters are required to provide one
target for the percentage of classification
of non-revenue vehicle that have met or
exceeded their useful life benchmark for
each service vehicle category.
(b) Rolling Stock. The performance
measure for rolling stock is the
percentage of revenue vehicles within a
particular asset class that have either
met or exceeded their useful life
benchmark (ULB). To determine the
ULB, a recipient may either use the
default ULB established by FTA or a
ULB established by the recipient in
consideration of local conditions and
usage and approved by FTA. Recipients
will report one target and useful life
benchmark for each revenue vehicle
classification. The NTD system will
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calculate annual performance based on
the date of manufacture information
entered into the vehicle inventory.
(c) Rail fixed Guideway Infrastructure
(track, signals, and systems). The
performance measure for rail fixed
guideway infrastructure is the
percentage of track segments, signals,
and systems with performance
restrictions. Recipients will report a
target and performance of this metric for
each rail mode. FTA will provide
additional technical assistance and
guidance on how to measure a
performance restriction.
(d) Facilities. The performance
measure for facilities is the percentage
of all facilities rated below condition 3
on the condition scale used by FTA’s
Transit Economic Requirements Model
(TERM). Reporters must provide a
condition rating for each facility at least
once every three years. The system will
automatically calculate performance
based on these reports. Reporters are
also required to provide an annual target
for each facility type. FTA will provide
additional technical assistance and
guidance on to measure a facility
condition rating on the TERM scale.
Issued this 14th day of July 2016 in
Washington, DC.
Carolyn Flowers,
Acting Administrator.
[FR Doc. 2016–17075 Filed 7–25–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2016–0030]
Transit Asset Management: Proposed
Guidebooks
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of availability of
proposed guidebooks and request for
comments.
AGENCY:
FTA has placed in the docket
and on its Web site proposed guidance
in the form of two FTA guidebooks to
facilitate implementation of FTA’s
Transit Asset Management program: (1)
‘‘Guideway Performance Restriction
Calculation’’ and (2) ‘‘Facility Condition
Assessment.’’ The purpose of the
proposed guidebooks is to inform the
transit community of calculation
methodologies for state of good repair
performance measures for infrastructure
and facilities. By this notice, FTA seeks
public comment on the proposed
guidebooks.
SUMMARY:
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Agencies
[Federal Register Volume 81, Number 143 (Tuesday, July 26, 2016)]
[Notices]
[Pages 48971-48974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17075]
Federal Register / Vol. 81 , No. 143 / Tuesday, July 26, 2016 /
Notices
[[Page 48971]]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2014-0006 and FTA-2015-0029]
National Transit Database: Capital Asset Reporting
AGENCY: Federal Transit Administration, DOT.
ACTION: Notice; Response to comments.
-----------------------------------------------------------------------
SUMMARY: This notice finalizes the expansion of the Federal Transit
Administration's (FTA) National Transit Database (NTD) Asset Inventory
reporting requirements.
DATES: The reporting requirements will be optional in report year 2017
with full implementation required in report year 2018.
FOR FURTHER INFORMATION CONTACT: Maggie Schilling, National Transit
Database Program Manager, FTA Office of Budget and Policy, (202) 366-
2054 or margaret.schilling@dot.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Background
B. Response to Comments on Expansion of Capital Asset Reporting
C. Overview of Final Requirements
A. Background
On August 19, 2014, FTA published a Federal Register notice
(initial notice) (Docket No. FTA-2014-0006, 79 FR 49146) for comment on
proposed revisions to the NTD Reporting Manual. The notice described
various proposed changes to the NTD annual module, including a revised
capital asset inventory reporting module for urban reporters. In
response to the initial notice, commenters requested that FTA postpone
the implementation of the expanded asset inventory until after the
publication of the Transit Asset Management Notice of Proposed
Rulemaking. FTA agreed with this request and a second Federal Register
noticed was published on November 18, 2015 (Docket No. FTA-2015-0029,
80 FR 72137). The second notice responded to comments received in
response to proposals in the initial notice. In addition, in response
to comments, the second notice proposed changes to FTA's initial
proposed reporting requirements, and requested comment on these
proposed changes. he comment period for this second notice closed on
January 19, 2016.
The proposed changes to the NTD Reporting Manual stem from
amendments to Federal transit law made by the Moving Ahead for Progress
in the 21st Century Act (MAP-21) (Pub. L. 112-141, July 6, 2012), which
require recipients of chapter 53 funds to report to the NTD any
information relating to a transit asset inventory or condition
assessment conducted by the recipient. (49 U.S.C. 5335(c)). Currently,
the NTD only collects asset inventory information on revenue vehicles
and summary counts for other asset categories, such as maintenance
facilities and fixed guideway. There are some assets, such as signal or
communications systems, for which NTD collects no data. In the both the
initial and second notice, FTA proposed to collect additional asset
inventory data to meet the asset inventory and condition reporting
requirements at 49 U.S.C. 5335(c).
In accordance with the Paperwork Reduction Act, FTA included in the
second notice a summary of the burden hours and costs for this enhanced
reporting requirement. FTA estimated that the initial year burden
nationally would be 18,636 hours for urban reporters and 13,097 hours
for state and rural reporters, or 31,097 hours in total. This
represents a 10.5% increase to the total NTD reporting requirement in
the first year. FTA estimated the burden in subsequent years at 9,318
hours for urban reporters and 6,549 for state and rural reporters, for
a total of 15,867 hours, representing a 5.2% increase to the total NTD
reporting requirement.
B. Response to Comments on Expansion of Capital Asset Reporting
The comment period for the second notice closed on January 19,
2016. FTA received 25 comments. Following is a summary of the comments
received with FTA responses.
Comment: FTA received a number of comments expressing concern over
the additional burden imposed by expanding the asset inventory. Twenty
commenters stated that the proposal was too burdensome. Thirteen
commenters expressed concern that the additional reporting burden may
divert resources away from transit service provision. Eight commenters
felt the burden estimates provided by FTA were `understated'.
Response: The final Transit Asset Management (TAM) rule, also
published in today's Federal Register, requires all agencies to (1)
create and maintain an asset inventory along with condition
assessments, and (2) develop performance targets. FTA calculated a
paperwork burden estimate for those tasks and included that estimate in
the TAM rulemaking process. The NTD burden estimate provided in the
second NTD notice assumes that an agency will already have an asset
inventory in place as part of its compliance with the TAM rule and,
therefore, only includes the time and costs estimated to enter existing
asset inventory information into the NTD reporting system. In some
cases, modifications to existing data may be necessary to enter this
information into the NTD. The burden estimates provided in the second
notice take into account small modifications of existing information in
the asset inventories required by the TAM rule for reporting in the
standard formats established by the NTD.
In calculating the burden estimate for NTD reporting, FTA asked
several agencies to enter their existing asset inventory information
into the proposed format and report the time necessary to complete this
task. Three agencies completed an entire report and their experience
with the new reporting requirements served as the foundation for the
final estimates. A `per field' reporting time was calculated and then
multiplied out over the estimated data fields expected nationally to
create a final burden estimate.
FTA remains committed to implementing reasonable data reporting
requirements, while also meeting the requirements in the law for
reporting asset condition information. In response to the initial round
of comments on the asset inventory, FTA made several modifications to
reduce the overall reporting burden, including removing replacement
cost information for all asset types. FTA believes that this asset
inventory fulfills the MAP-21 update to 49 U.S.C. 5335(c) that
recipients report asset inventory and condition assessment information
to the NTD and allows meaningful data analysis on the national capital
needs of the transit industry. While FTA recognizes that the proposed
changes would result in an increase over the current reporting
requirements, the highest burden would exist in the first year of
start-up reporting. Once an asset has been entered into the inventory
module, the information would be pre-populated for each subsequent
year. Reporters only would be responsible for providing annual updates
to new or retired asset inventory items in subsequent years.
Comment: An additional area of concern was related to the new
reporting requirements for recipients of funding under 49 U.S.C. 5310
(section 5310). Nine commenters stated that reporting for section 5310
recipients should be limited or eliminated entirely. Ten commenters
felt that any reporting done on behalf of section 5310 recipients
should be done at the designated recipient or State level rather
[[Page 48972]]
than the subrecipient level to minimize the burden of this new
reporting. This same group of commenters suggested that only vehicles
used in public transit and, preferably only vehicles purchased with
federal money, should be reported. Five commenters requested that
performance targets and reporting should be removed for section 5310
recipients.
Response: FTA is committed to developing requirements that are
mindful of the burden for small transit providers. FTA understands that
direct reporting may prove too difficult for small section 5310
recipients. In order to minimize this burden, FTA concurs with the
comment that reporting on the assets for section 5310 recipients should
be performed at the designated recipient or State level. The reporting
guidance will be updated to reflect this change.
In response to the applicability of reporting for section 5310
reporters: The NTD asset inventory requirements will mirror the
reporting requirements established by the Transit Asset Management
rule. The final reporting requirements for the National TAM System
apply to all chapter 53 recipients or subrecipients who own, operate,
or manage public transportation capital assets. FTA currently requires
NTD reports from recipients of funds under the Urbanized Area Formula
Program (49 U.S.C. 5307 or section 5307) and the Rural Area Formula
Program (49 U.S.C. 5311 or section 5311). As such, this new rule
replaces references to section 5307 and section 5311 recipients with
references to recipients and subrecipients of chapter 53 funds. This
change will require recipients and subrecipients of other FTA grant
programs, such as the section 5310 formula program for the enhanced
mobility of seniors and individuals with disabilities, who are not also
receiving funds under section 5307 or section 5311, to start reporting
to the NTD. FTA will not apply existing NTD reporting requirements to
all recipients of chapter 53 funds. FTA will apply only the reporting
requirements proposed under the National TAM System to those transit
providers that do not currently report.
Comment: Eleven commenters requested a reduced set of reporting
requirements for section 5311 recipients. This group of commenters
asked to have required reporting reduced below current NTD reporting
levels for revenue vehicles.
Response: The revenue vehicle inventory required for section 5311
recipients is already a greatly reduced version of vehicle inventory
required for urban reporters. In the expanded asset inventory, FTA is
only requesting one additional data element for revenue vehicles from
section 5311 recipients: A useful life benchmark for each fleet, which
is necessary for calculating the performance measures under the TAM
rule. Additionally, FTA's research indicates that no exclusively rural
subrecipients provide rail fixed guideway service, so rural
subrecipients will not need to report the slow zones metric. For the
other two performance measures, facility conditions and service
vehicles, FTA is proposing to collect only the minimum data required
for these measures.
Comment: Fifteen commenters stated that the proposed inventory
should not include contractor assets. One transit agency specifically
stated that condition assessments and replacement cost information
should not be required for any contractor-owned assets.
Response: FTA understands the difficulty of providing detailed
information on contractor assets. However, the NTD plans to follow the
decision codified in the final TAM rule that a TAM Plan should, to a
certain extent, take into account third party assets used in the
provision of public transportation service. The final rule requires
that all assets used in the provision of transit service be included in
a transit providers' asset inventory, including those assets that are
owned, operated, or maintained by a third party or were procured
jointly. However, agencies would only be responsible for conducting
condition assessments, establishing performance targets, and reporting
these condition assessments and performance targets to the NTD for
capital assets for which it has direct capital responsibility. A
transit provider has direct capital responsibility for an asset if that
asset has been or currently is included in its program of capital
projects. A transit provider also has direct capital responsibility for
an asset if it can reasonably anticipate that the asset will be
included in its program of capital projects during the TAM plan horizon
period. Once an asset becomes a part of a transit provider's capital
program, the transit provider must comply with the final rule's
condition assessment, target setting, and investment prioritization
requirements.
NTD reporters currently are required to report a limited amount of
information on non-dedicated or contractor-owned fleets. In the case of
non-dedicated contractor-owned vehicle fleets, the NTD asks reporters
to provide information on a `representative vehicle' to the current
revenue vehicle inventory. The NTD asset inventory would contain the
same requirement moving forward.
FTA also requires that agencies provide basic information for all
passenger stations that they use for transit service regardless of
ownership or capital responsibility. Additionally, basic inventory
information is required for all track and guideway regardless of
ownership or capital responsibility. Inventory information for
maintenance and administrative facilities are only reportable if the
agency has full or partial capital replacement responsibility for the
facility.
Comment: Twelve commenters requested the removal of service
equipment from the NTD Asset Inventory.
Response: In order to best align the NTD asset inventory with the
TAM rule reporting requirements, FTA believes it is appropriate to keep
an inventory of `service equipment' in the NTD. This information will
provide verification of the TAM performance targets and performance
against those targets. In addition, non-revenue service vehicles and
equipment represent a large capital expense for some agencies.
Including a basic inventory of these vehicles and equipment in the NTD
will provide additional clarity on the state of good repair backlog for
the transit industry.
The final TAM rule requires transit providers to report the
percentage of non-revenue, support-service and maintenance vehicles
that have met or exceeded their useful life benchmark. This is the
identified SGR performance measure for equipment. Non-revenue service
vehicles are an easily understood and readily identifiable category of
equipment, and the age-based performance measure is the most simple and
straightforward performance measure available.
Comment: A number of comments related to consistency between the
NTD's proposed asset inventory and other FTA reporting requirements
and/or requests. Three commenters suggested that the requirements and
organization of data in the NTD asset inventory should mirror those of
the Transit Economic Requirement Model (TERM). Five commenters stated
that the assets reported to the NTD should not necessarily be subject
to the Transit Asset Management rule requirements.
Response: FTA developed the proposed asset inventory with the TERM
requirements in mind. While the requirements are not identical, the
proposed NTD inventory is intended to supplement the data currently
available through annual surveys for TERM. In some cases, the data
collected through this NTD inventory will replace
[[Page 48973]]
estimated data in TERM to provide a more accurate picture of the state
of the nation's transit assets.
FTA expects that the assets collected through this NTD inventory
will often only be a subset of the assets a transit provider will
collect to create their TAM plan. This inventory is intended to provide
high level information on major asset classes. While an agency may find
this level of granularity to be sufficient, FTA does not intend to
limit an agency's ability to create a more detailed inventory to inform
its TAM plan.
Comment: A number of commenters expressed concern over the
implementation timeline. Ten commenters asked that the final
implementation be postponed. The suggested timelines ranged from `after
the final Transit Asset Management (TAM) rule' to up to two years after
the TAM rule was finalized.
Response: FTA shares the concern that reporters may need additional
time to complete these new reporting requirements. Taking into
consideration the feedback from commenters, FTA will postpone final
implementation of the majority of asset inventory reporting
requirements until report year 2018, beginning in September 2018. FTA
will allow for optional reporting in report year 2017 (beginning in
September 2017). The NTD asset inventory will auto-populate information
each year based on the assets entered in the previous year's report.
The optional reporting year in report year 2017 will give agencies two
reporting cycles to enter all reportable assets into the NTD system.
FTA will also consider additional requests from individual transit
systems for an extension of the reporting requirements beyond 2018 on a
case-by-case basis, in accordance with the existing NTD policies for
such requests.
While asset reporting will be postponed, FTA will require agencies
to provide their performance targets for the four performance measures
required by the Transit Asset Management rule. The TAM rule requires
agencies to report their performance targets three months after the
effective date of the final rule. The NTD system will be the reporting
tool used to capture these targets. The NTD system will allow reporting
of these targets by October 2016. FTA understands that the targets
provided in October 2016, and in the first few years of reporting, will
necessarily by preliminary targets. However, FTA is bound by the
statutory provision requiring targets within three months of the final
rule.
Comment: Three commenters requested FTA to engage in additional
collaboration with the industry to develop asset inventory reporting
requirements.
Response: FTA engaged a number of industry professionals and
transit agencies during the development of these reporting
requirements. Considerable research was conducted on the current state
of asset inventory practices across the industry. FTA contracted with a
major engineering firm, AECOM, which has been involved in developing
asset inventories at numerous transit systems, to assist FTA in
organizing the development of the proposed NTD asset inventory
requirements. Additionally, nine (9) transit agencies were engaged to
provide direct testing and feedback of the proposed data collection
requirements, and FTA made significant revisions to the proposed data
collection requirements in response to that feedback. FTA has also
provided two opportunities for the transit industry to comment on these
requirements through the Federal Register notice and comment process,
and has continued to revise and refine the data collection requirements
in response to these comments. Finally, FTA held two informational
webinars as well as several presentations of this proposal at industry
conferences and events, where FTA also received useful feedback to
improve the proposed data collection. Based on these efforts, FTA
believes it has refined the data collection requirements to collect the
minimum data necessary in the least-burdensome way, while also
satisfying the mandatory statutory requirements for improved asset
inventory and asset condition information.
Comment: FTA received a number of comments related to the dollar
thresholds for reportable assets. Several commenters asked for clarity
on the $10,000 threshold for reportable assets. Eleven commenters
suggested that assets should only be reportable if they have an initial
value of $50,000 or more.
Response: FTA did not provide any dollar thresholds in the asset
inventory reporting requirements and does not intend to set a threshold
for reportable assets in this inventory. In most cases, the assets
requested in the asset inventory are in excess of $50,000 in value. In
a few cases some assets may fall below this threshold, such as vehicles
or sedans used by transit agencies for their staff or demand response
services. In all cases, however, the reporting requirements are clear
as to which assets must be included--i.e., to include all buildings, or
to include all road-worthy revenue service vehicles--making a dollar
threshold unnecessary.
Comment: Five commenters requested a bulk upload feature to
facilitate the reporting of this information.
Response: FTA intends to develop bulk upload capabilities for the
NTD reporting system. FTA hopes to have this feature in place in time
for optional reporting in the fall of 2017.
Comment: One commenter asked FTA to clarify that reporting will not
be uniform across modes, specifically that some fields may be left
blank if they do not apply to a mode.
Response: FTA concurs that there will be instances where some data
requested will not apply to a specific mode. FTA will ensure that there
is additional clarity in the reporting guidance to address this
request.
Comment: A number of commenters asked FTA to clarify that the
receipt of funds pursuant to 49 U.S.C. 5339 (section 5339) would not
impact the NTD asset inventory reporting requirements.
Response: FTA believes this problem was resolved by the
implementation of the FAST Act. In any event, FTA clarifies that if a
State is a direct recipient of section 5339 funds and passes those
funds through to subrecipients, this does not create an obligation for
the State to report to FTA on behalf of those subrecipients of section
5339 funds if those subrecipients are already directly reporting to the
NTD as direct recipients of section 5307 funds.
Comment: One commenter requested guidance on calculating a useful
life benchmark (ULB) that is not based on accounting depreciation
standards.
Response: The calculation of a useful life benchmark may vary
considerably between transit operators based on original equipment
specifications, operating environment and maintenance or capital
replacement schedules. Due to these variations, FTA intends to leave
the calculation of such a metric up to the individual providers. To
facilitate reporting, FTA will provide a ULB estimate based on the
Transit Economic Requirements Model (TERM) depreciation curves in the
NTD reporting system. These estimates will also be available in the
reporting manual. The ULB estimate provided by NTD will be the point at
which a vehicle reaches 2.5 in TERM.
Comment: One commenter requested clarification on the relationship
between the A-50 and A-55 forms in the new asset inventory.
Response: The A-50 and A-55 forms collect information on the
guideway and track elements, respectively. The A-50 contains
information about guideway elements including guideway type (at-
[[Page 48974]]
grade ballast, elevated/concrete etc.) and power/signal elements
including substations and third rail. The A-55 collects information on
the track including linear feet of tangent and curve track as well as
crossovers and turnouts.
Comment: A number of commenters submitted feedback on the
requirements for the TAM Notice of Proposed Rulemaking under this
notice. In general, the comments related to the proposed TAM Plan
elements or granularity of data required for the TAM plan.
Response: As these comments are not directly applicable to the NTD
Asset Inventory requirements they have not been further summarized or
addressed in this notice.
C. Final Reporting Requirements
The finalized reporting requirements can be found on the NTD Web
site at: www.transit.dot.gov/ntd.
The reporting requirements will be optional in report year 2017
with full implementation required in report year 2018. An overview of
these requirements is as follows:
1. Administrative and Maintenance Facilities. Reported for all
facilities for which an agency has a capital responsibility. Collects
information on administrative and maintenance facilities used to supply
transit service, including facility name, street address, square
footage, year built or substantially reconstructed, and primary transit
mode supported. Also includes a condition assessment at least once
every three years for facilities for which an agency has capital
replacement responsibility.
2. Passenger and Parking Facilities. Reported for all passenger and
parking facilities used in transit service. Collects information on
passenger facilities and passenger parking facilities used in the
provision of transit service, including facility name, street address,
square footage and number of parking spaces, year built or
substantially reconstructed, primary mode and percent of capital
responsibility. Also includes a condition assessment at least once
every three years for facilities for which an agency has capital
replacement responsibility.
3. Fixed Guideway. Reported for all fixed guideway used in transit
service. Collects data on linear guideway assets and power and signal
equipment, including the length of specific types of guideway and
corresponding equipment, reported as network totals by mode and
operating agreement. The data includes quantity, expected service
years, date of construction or major rehabilitation (within a ten year
window) and percent of capital responsibility.
4. Track. Reported for all track used in transit service. Collects
data on track assets, including length and total number of track
special work, reported as network totals by rail mode and operating
agreement. The data includes expected service years, date of
construction or major rehabilitation and percent of capital
responsibility.
5. Revenue Vehicles. Reporting requirements remain the same for
urban/full and rural/reduced reporters with the addition of a useful
life benchmark for each vehicle fleet. Section 5310 recipients now
report according to the rural/reduced requirements.
6. Service Vehicles. Reported for all non-revenue service vehicles
for which an agency has capital replacement responsibility. Collects
data on service vehicles that support transit service delivery,
maintain revenue vehicles, and perform administrative activities. The
data includes quantity, expected service life, and year of manufacture.
Also includes a useful life benchmark for each vehicle type.
7. Transit Asset Management Performance Metrics. The metrics
included in the Transit Asset Management rule are reported annually to
the NTD:
(a) Equipment-Service Vehicles. The performance measure for non-
revenue, support and maintenance vehicles is the percentage of vehicles
that have met or exceeded their useful life benchmark (ULB). To
determine the ULB, a Transit Provider may either use the default ULB
established by FTA or a ULB established by the Transit Provider in
consideration of local conditions and usage and approved by FTA. The
NTD system will calculate annual performance based on the
manufacturer's age information that is entered into the vehicle
inventory. Reporters are required to provide one target for the
percentage of classification of non-revenue vehicle that have met or
exceeded their useful life benchmark for each service vehicle category.
(b) Rolling Stock. The performance measure for rolling stock is the
percentage of revenue vehicles within a particular asset class that
have either met or exceeded their useful life benchmark (ULB). To
determine the ULB, a recipient may either use the default ULB
established by FTA or a ULB established by the recipient in
consideration of local conditions and usage and approved by FTA.
Recipients will report one target and useful life benchmark for each
revenue vehicle classification. The NTD system will calculate annual
performance based on the date of manufacture information entered into
the vehicle inventory.
(c) Rail fixed Guideway Infrastructure (track, signals, and
systems). The performance measure for rail fixed guideway
infrastructure is the percentage of track segments, signals, and
systems with performance restrictions. Recipients will report a target
and performance of this metric for each rail mode. FTA will provide
additional technical assistance and guidance on how to measure a
performance restriction.
(d) Facilities. The performance measure for facilities is the
percentage of all facilities rated below condition 3 on the condition
scale used by FTA's Transit Economic Requirements Model (TERM).
Reporters must provide a condition rating for each facility at least
once every three years. The system will automatically calculate
performance based on these reports. Reporters are also required to
provide an annual target for each facility type. FTA will provide
additional technical assistance and guidance on to measure a facility
condition rating on the TERM scale.
Issued this 14th day of July 2016 in Washington, DC.
Carolyn Flowers,
Acting Administrator.
[FR Doc. 2016-17075 Filed 7-25-16; 8:45 am]
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