National Transit Database Safety and Security Reporting Changes and Clarifications, 11506-11510 [2023-03789]
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Federal Register / Vol. 88, No. 36 / Thursday, February 23, 2023 / Notices
for a period of 8 cumulative hours
without at least a 30-minute
interruption. The break may be satisfied
by 30 consecutive minutes of on-duty
not driving, off duty, or sleeper berth
time, or any combination of these taken
consecutively. Section 395.3(b)(2)
prohibits drivers for a motor carrier that
operates CMVs every day of the week
from driving a CMV after being on duty
for 70 hours in any 8 consecutive days.
Applicant’s Request
Mr. Moore requests a five-year
exemption from 49 CFR 395.3(a)(1) and
(2), 395.3(a)(3)(ii), and 395.3(b)(2). Mr.
Moore is a CMV operator who has
driven for over 25 years, and currently
works for a large transportation
company in Indiana. He states that he
would like the ability to split off-duty
time into periods that are more
conducive to proper rest and sleep
without having to comply with the HOS
regulations. He also states that he has
the ability to decide whether he is
sufficiently rested to drive.
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IV. Method To Ensure an Equivalent or
Greater Level of Safety
The applicant believes that his level
of safety under the exemption, if
granted, would be better than he could
achieve by complying with the HOS
regulations because he would be able to
get the proper rest when needed. He
states that he can safely drive and
knows when he is tired and has an
excellent driving record, with no
accidents or incidents and has never
had any HOS violations.
V. Public Comments
On December 1, 2022, FMCSA
published Mr. Moore’s application and
requested public comment (87 FR
73804). The Agency received 79 total
comments, the majority from individual
drivers and owner-operators. Thirty
supported the request, 30 opposed it,
and 18 commenters offered no position
either for or against the request. The
Truck Safety Coalition, Citizens for
Reliable and Safe Highways, and
Parents Against Tired Truckers made
the following joint comment: ‘‘[we]
request this inadequately justified
exemption to HOS requirements be
denied in full. Large truck crash
fatalities continue to increase at an
alarming pace, and it is incumbent on
the Department of Transportation and
FMCSA to take every measure possible
to reverse this trend and affirm life
safety as its top priority by denying the
request.’’ General themes from other
opposing comments included: (1) HOS
rules do save lives and are there for
everyone’s safety; (2) the Agency cannot
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grant this request for individuals; and
(3) there is no scientific data to support
the HOS claims.
Commenters supporting the
exemption suggested a graduated
program that allowed more driving
hours for drivers with more driving
experience. One commenter said: ‘‘I feel
that the FMCSA should take a 3-step
approach to the hours-of-service
requirements and implement rules for
5–10–15 year drivers who have
demonstrated a level of safety equal to
or greater than what was achieved with
the hours of service.’’ None of the
commenters who supported the
exemption request presented relevant
data or reasoning to demonstrate how an
equivalent level of safety would be met
if the exemption were granted. Those
taking no position either for or against
Mr. Moore’s application provided
general comments and complaints about
the HOS and the Electronic Logging
Device regulations and suggested that
the Agency needs to revise them.
VI. FMCSA Safety Analysis and
Decision
After evaluating Mr. Moore’s
application and the public comments,
FMCSA denies the exemption request.
Under 49 U.S.C. 31315(b)(1), to grant an
exemption, FMCSA must ‘‘find that the
exemption would likely achieve a level
of safety that is equivalent to, or greater
than, the level that would be achieved
absent such exemption.’’ Among other
requirements, 49 CFR 381.310(c)(5)
requires a person seeking an exemption
to explain how it would ensure that it
could achieve an equivalent level of
safety. Mr. Moore failed to explain how
he would maintain a level of safety
equivalent to, or greater than, the level
achieved without the exemption.
Although Mr. Moore stated that he
would be responsible for ensuring that
he has adequate rest and that he has an
excellent driving record and no HOS
violations, those representations do not
provide a basis from which the Agency
could conclude that the proposed
exemption would provide an equivalent
level of safety.
The Agency’s HOS regulations are
designed to prevent fatigued drivers
from operating by imposing limits on
when and how long an individual may
drive, to ensure that drivers stay awake
and alert, and to reduce the possibility
of cumulative fatigue (85 FR 33396,
Sept. 29, 2020). A fatigued driver is
more prone to perform poorly on tasks
requiring the vigilance and decisionmaking needed to operate a CMV safely
than a person who is alert. The Agency
also agrees with commenters who
argued that exempting one individual
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from the HOS regulations could open
the door for a huge number of similar
exemption requests. Such a result
would be inconsistent with a primary
goal of the HOS regulations.
For the reasons stated, FMCSA denies
Wayne Moore, Jr.’s exemption application.
Robin Hutcheson,
Administrator.
[FR Doc. 2023–03688 Filed 2–22–23; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. FTA–2022–0020]
National Transit Database Safety and
Security Reporting Changes and
Clarifications
Federal Transit Administration,
United States Department of
Transportation (DOT).
ACTION: Final notice; response to
comments.
AGENCY:
This Notice finalizes and
responds to comments on proposed
changes and clarifications to the
National Transit Database (NTD) Safety
and Security (S&S) reporting
requirements published in the Federal
Register on July 15, 2022.
DATES: The S&S–60 reporting
requirements will take effect beginning
in NTD Report Year (RY) 2023, which
corresponds to an agency’s fiscal year,
while all changes to the S&S–40 and
S&S–50 will take effect in Calendar Year
(CY) 2023.
FOR FURTHER INFORMATION CONTACT:
Thomas Coleman, Analysis Division
Chief, FTA Office of Budget and Policy,
(202) 366–5333, thomas.coleman@
dot.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Background
B. Assaults on a Transit Worker
C. Fatalities That Result From an Impact
With a Bus
A. Background
The National Transit Database (NTD)
is the Federal Transit Administration’s
(FTA) primary database for statistics on
the transit industry in the United States.
Pursuant to 49 U.S.C. 5334(k), FTA
published a notice in the Federal
Register on July 15, 2022, (87 FR 42539)
seeking public comment on proposed
changes and clarifications to NTD Safety
& Security (S&S) reporting
requirements. The comment period
closed on September 13, 2022.
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The proposed updates to NTD S&S
reporting requirements implement
changes to Federal transportation law
made by the Bipartisan Infrastructure
Law, enacted as the Infrastructure
Investment and Jobs Act (Pub. L. 117–
58). FTA proposed changes and
clarifications on two topics: (1) assaults
on a transit worker; and (2) fatalities
that result from an impact with a bus.
FTA received 24 comments from 8
unique commenters. One comment was
outside the scope of the proposal and is
not addressed in this document.
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B. Assaults on a Transit Worker
Twenty-three comments addressed
elements of FTA’s proposals regarding
assaults on a transit worker, including
related definitions. FTA’s proposals
stemmed from changes to 49 U.S.C.
5335(c), following enactment of the
Bipartisan Infrastructure Law.
1. Definitions
Comments: FTA received three
comments in response to its proposal to
change the definition of ‘‘assault.’’ One
of these comments expressed that FTA
should adopt an existing definition of
assault, such as the one used by the
Federal Bureau of Investigation’s (FBI)
National Incident-Based Reporting
System, rather than adopting a new
definition. A second comment requested
that FTA amend its definition of
‘‘assault’’ to align it with State law,
saying that the proposed definition is
too vague and would include assaults
that were not criminally prosecutable.
The last comment requested that FTA
revise its definition of ‘‘assault’’ to
include ‘‘an act of interference with a
transit worker’s performance of their
duties,’’ emphasizing that this definition
should capture any interference with a
transit worker such as verbal assaults,
and that this is a low threshold for what
constitutes an assault.
FTA Response: FTA appreciates the
comments received on its proposed
definition of ‘‘assault.’’ Prior to the
enactment of the Bipartisan
Infrastructure Law, the NTD specified a
definition of ‘‘assault.’’ Congress then
amended 49 U.S.C. 5302, adding a
definition of ‘‘assault on a transit
worker.’’ However, Congress did not
define ‘‘assault.’’
FTA proposed changing the NTD’s
definition of ‘‘assault’’ to ‘‘an attack by
one person on another without lawful
authority or permission’’ to ensure
consistency with the new statutory
definition of ‘‘assault on a transit
worker.’’ ‘‘Although this definition is
potentially broader than how assault’’ is
defined under State law, this change is
necessary to ensure the definition is
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consistent with the statute. For this
reason, FTA declines to adopt the
suggestion that the NTD use a different
definition of ‘‘assault,’’ such as the
definition in the FBI’s National
Incident-Based Reporting System.
FTA notes that a definition of
‘‘assault’’ is necessary to collect data on
attacks against individuals other than
transit workers (e.g., an attack on a bus
by one passenger on another) when such
events meet an NTD reporting
threshold. FTA’s new definition of
‘‘assault’’ (as applied to all individuals)
is not identical to the definition of
‘‘assault on a transit worker.’’ FTA
recognizes that transit workers face
unique challenges that make identical
definitions for these terms impractical.
For instance, the statutory definition of
‘‘assault on a transit worker’’ includes
‘‘interfere[ence] with . . . a transit
worker while the transit worker is
performing the duties of the transit
worker,’’ which would not apply to
assaults on individuals who are not
transit workers. This is because
passengers and other non-transit
workers would not have official duties
where interference could occur.
Moreover, passengers interact or
potentially interfere with each other’s
activities in other contexts that would
not qualify as an assault (e.g., standing
across an entire escalator step). FTA
therefore declines to adopt the
suggestion to include ‘‘an act of
interference with a transit worker’s
performance of their duties’’ in the
definition of ‘‘assault.’’ However, FTA
notes that the NTD is adopting the
statutory definition of ‘‘assault on a
transit worker’’ verbatim. Accordingly,
assaults on transit workers involving
interference are reportable on either the
S&S–40, S&S–50, or S&S–60. Thus, FTA
is adopting the definition of ‘‘assault’’ as
proposed.
Comments: FTA received two
comments regarding the definition of
‘‘assault on a transit worker.’’ One
comment supported FTA’s adoption of
the statutory definition of ‘‘assault on a
transit worker’’ found in 49 U.S.C.
5302(1). The second comment provided
legislative history about the statutory
definition and emphasized that the key
phrase in this definition is ‘‘interferes
with,’’ noting that this is a low
threshold.
FTA Response: FTA appreciates the
comments received about the definition
of ‘‘assault on a transit worker.’’ As
discussed in the Federal Register notice
published on July 15, 2022, FTA did not
seek comment on this definition. FTA
will incorporate the statutory definition
into the NTD without change.
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Comments: FTA received two
comments on the proposed definition of
‘‘transit worker.’’ One commenter
expressed support for the definition of
‘‘transit worker,’’ noting the importance
of including assaults on contractors and
volunteers, while also noting that the
change would require them to make
changes to an internal database. One
comment recommended that FTA use
the definition of ‘‘transit employee’’
from the NTD Safety and Security
Policy Manual instead of developing a
new definition of ‘‘transit worker.’’ This
commenter also requested that, if FTA
adopts the proposed definition of
‘‘transit worker,’’ FTA clarify that the
definition applies only to NTD reporting
of assaults on a transit worker.
FTA Response: FTA appreciates the
comments about this proposal and
recognizes that this change may require
transit agencies to update existing
processes. FTA is not replacing the
definition of ‘‘transit employee’’ but is
adding a definition for ‘‘transit worker.’’
The NTD Safety and Security (S&S)
manual states that transit employees are
‘‘compensated by the transit agency,’’
which does not meet FTA’s intent to
capture assaults on any volunteer for the
transit agency in addition to those
compensated by the agency. Further,
FTA currently uses ‘‘employee’’ in the
context of reporting Employee hours
and counts annually on the Employees
(R–10) form. Expanding the definition of
transit employee to include volunteers
would require additional notice for
purposes of annual NTD reporting.
Therefore, these will be separate terms.
FTA confirms that the NTD will only
use the term ‘‘transit worker’’ in the
context of transit worker assault
reporting. FTA will adopt the definition
of ‘‘transit worker’’ as proposed.
2. Collections
Comment: One comment suggested
that FTA should require all grant
recipients to report any incident in
which a transit worker has experienced
interference while performing their job
duties. As discussed above, the
commenter also provided legislative
history regarding the statutory
definition of ‘‘assault on a transit
worker,’’ emphasizing the importance of
the ‘‘interferes with’’ language in the
definition.
FTA Response: FTA agrees that all
assaults on transit workers involving
interference are assaults that are
reportable on either the S&S–40, S&S–
50, or S&S–60. Regarding the
requirements for reporting assaults, FTA
notes that the collection of data is also
dependent on a reporting agency’s
resources. For example, Full Reporters
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use the S&S–40 and S&S–50, and
smaller agencies generally complete the
S&S–60. FTA will continue to review
the data over time and potentially
determine that smaller reporters must
also complete the S&S–40 depending on
future trends.
Comments: Three comments
concerned the proposed collection and
availability of safety data for reporting
purposes. One comment noted the
importance of making data on assaults
available to transit agencies, workers,
academics, unions, and FTA in order to
identify strategies to combat the threat
of assault in transit systems. The second
comment concerned the format of NTD
data products. This commenter
requested that the NTD provide data
users the ability to create and export
data products. The commenter noted
that such capabilities would allow
transit agencies to more efficiently
analyze safety and security information.
The third comment noted that ensuring
valid data collection ‘‘will require new
or additional promotional efforts’’ and
that ‘‘FTA should assist agencies in
promoting assault awareness and
reporting.’’
FTA Response: While the Bipartisan
Infrastructure Law does not include
mandates to change data products, such
as adding export functionality, FTA
understands this concern. FTA
appreciates the recommendation and
has taken steps to improve our data
products to meet individual data user
needs. For instance, FTA recently
published an enhanced safety and
security dataset that offers export
functionality here: https://
data.transportation.gov/Public-Transit/
Major-Safety-Events/9ivb-8ae9.
Furthermore, FTA will continue to
make iterative improvements to increase
the usefulness of reports involving
transit worker assaults and other safety
and security data. FTA will also
promote data reporting requirements via
NTD Reporting Webinars via https://
transit.dot.gov/ntd once the requirement
takes effect. FTA is actively promoting
assault awareness through its Enhanced
Transit Safety and Crime Prevention
Initiative. For more information on
related funding eligibility, training on
Assault Awareness and Prevention, and
other resources, agencies may visit
https://www.transit.dot.gov/regulationsand-programs/safety/enhanced-transitsafety-and-crime-prevention-initiative.
Comments: Two comments expressed
concern about the potential burden that
certain changes would create. One
commenter noted that requiring State
reporters, who complete reports on
behalf of Rural Reporters, to report
monthly S&S–50 forms may be a burden
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on staff resources and requested
clarification about how this requirement
and the S&S–60 requirement apply to
State reporters. The commenter also
suggested that State reporters only be
required to submit data annually.
Another commenter asked FTA to
consider the capacity of smaller transit
systems when implementing the new
reporting requirements.
FTA Response: State reporters do not
have to fill out a response to the S&S–
50 form. State reporters, on behalf of
Rural Reporters, will be required to
submit the new S&S–60 form. FTA
understands the limited staffing
resources of State Departments of
Transportation and smaller transit
systems, and we have taken these
concerns into consideration when
creating the S&S–60. This form is
completed once annually and collects
summary data instead of detailed event
reports.
Comment: One commenter asked
which definitions would apply to
certain terms used in the S&S–50 and
S&S–60 transit worker assault reporting
fields. Regarding the S&S–60, the
commenter asked whether FTA is using
the existing definition of the terms
‘‘revenue facility’’ and ‘‘non-revenue
facility’’ from the NTD Safety and
Security Policy Manual. The commenter
also requested clarification on what
should be included in reporting for
‘‘other location.’’ Regarding terms used
on the S&S–50 form, the commenter
asked if transit agencies should use the
definition of ‘‘transit vehicle operator’’
in the NTD Safety and Security Policy
Manual when reporting for ‘‘operators.’’
The commenter also asked for
clarification regarding which
individuals should be captured in the
reporting for ‘‘other transit workers.’’
The commenter requested confirmation
that there are no additional changes to
existing definitions.
FTA Response: FTA’s intent is for the
S&S forms to capture data and leverage
existing NTD definitions wherever
practicable. FTA confirms that the term
‘‘revenue facility’’ and ‘‘non-revenue
facility’’ used in the transit worker
assault reporting fields in the S&S–50
and S&S–60 will align with the existing
definitions of those terms listed in the
NTD Safety and Security Policy Manual.
Specifically, ‘‘Revenue Facility’’ will
include all areas defined in the 2022
NTD S&S Reporting Policy Manual with
the ‘‘Revenue Facility’’ prefix (e.g.,
Revenue Facility: Transit Center/Station
or Terminal). Non-Revenue Facility will
include all areas defined in the S&S–50
section of the manual as ‘‘Non-Revenue
Facility.’’ ‘‘Other Locations’’ will
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include all areas defined in the S&S–50
section of the manual as ‘‘Other.’’
In response to comments, FTA will
provide clarifications in certain data
fields to ensure consistent data
collection and curation. To provide
additional clarification on assaults on
‘‘other transit workers,’’ FTA will add
parenthetical examples to related fields
in the S&S–50 and S&S–60 forms. In the
NTD S&S Reporting Manual, instead of
‘‘other worker’’ and ‘‘other transit staff’’
person types on the S&S–40, S&S–50,
and S&S–60, FTA may use ‘‘other
worker (e.g., commercial worker,
utilities worker, transit police, station
agent, etc.)’’ or ‘‘other transit staff (e.g.,
transit police, station agent, etc.).’’
Similarly, to clarify ‘‘other’’ location,
FTA will add a parenthetical example to
related reporting fields on the S&S–50
and S&S–60. Thus, instead of ‘‘other,’’
the reporting fields will read ‘‘other:
e.g., city street.’’ In addition, FTA
confirms that the references to
‘‘operator’’ in the new S&S questions
refer to transit vehicle operators as
defined in the NTD Safety and Security
Policy Manual. FTA also confirms that
it has not made any other changes to
existing definitions.
Comments: FTA received five
comments regarding separating physical
and non-physical transit worker assault
data. One comment opposed FTA’s
proposal to require separate reporting of
physical and non-physical transit
worker assaults, noting no such
distinction should be made, especially if
it could be used to ‘‘artificially deflate
the number of assaults counted at each
agency.’’ The second asked for
additional guidance to clarify the
distinction between physical and nonphysical assaults. The commenter
requested clarification on whether
spitting would be captured as a physical
assault, and whether the use of pepper
spray would be considered a weapon.
The third noted the importance of
collecting both physical and other forms
of assault (e.g., non-physical) data. The
fourth asked FTA to instruct grant
recipients to track all physical and nonphysical transit worker assaults and
report these data to the NTD. The fifth
commenter stated that the headers
(fields) on the S&S–50 table ‘‘appear to
repeat the content.’’
FTA Response: As proposed, the S&S–
40, S&S–50, and S&S–60 will collect
and distinguish assaults on transit
workers that were physical from nonphysical assaults. Data users can then
combine or separate the data as they
need. While FTA cannot address the
concern that statistics may be misused
by data consumers to ‘‘artificially
deflate’’ the number of assaults, FTA
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will include clear labels and respective
data definitions wherever assaults (or
components thereof) appear in NTD
data publications. In response to the
comment requesting further guidance
about the distinction between these two
types of assault, FTA notes that FTA’s
S&S–40 proposal contains definitions of
‘‘physical’’ and ‘‘non-physical’’: to be
considered ‘‘physical,’’ an assault
requires physical contact with the
transit worker. This could include any
physical contact with the victim from
the attacker’s body, a weapon, a
projectile, or other item. A non-physical
assault is an assault in which the attack
involves no physical contact with the
transit worker. This could include
threats or intimidation that did not
result in any physical contact with the
transit worker. FTA confirms that these
definitions also apply to the S&S–50
and S&S–60 forms. These definitions
will assist agencies as they record and
report these data. For instance, an
assault where someone spits on a transit
worker would be reported as a physical
assault, while an assault involving
spitting near, but without making
contact with, the transit worker (e.g.,
spitting on an operator compartment
barrier) would be reported as a nonphysical assault. In all cases, agencies
are required to track and report transit
worker assault data to the NTD, either
on the S&S–40, S&S–50, or S&S–60
form, as applicable. FTA also confirms
that no data collection is repeated in
columns the S&S–50 table as stated by
the fifth commenter.
Comment: One comment requested
that FTA require reporting of non-major
assault data on the S&S–50 and S&S–60
that would be more expansive than
what FTA proposed, noting that the
additional data is ‘‘vital to all transit
stakeholders’ understanding of what
kinds of assaults are occurring and how
transit agencies can prevent them.’’ The
commenter requested data collection for
the following:
• ‘‘The type of incident that occurred
(i.e. a physical attack, verbal
harassment, a threat of violence, an
incidence of spitting, etc.)
• If the assailant used a weapon, what
type of weapon it was
• The time of day at which the assault
occurred
• The location of the assault
• Whether there was a response from
law enforcement and, if so, from what
agency or agencies
• For assaults occurring on transit
vehicles, whether the vehicle was
equipped with a barrier or other antiassault infrastructure—and if so, what
kind.’’
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FTA Response: FTA’s transit worker
assault reporting proposal for non-major
assaults would require transit agencies
to report counts of transit worker
assaults conforming to three categories
of data. These categories (i.e.,
dimensions) require reporters to
separate transit worker assaults based
on (1) physical vs. non-physical, (2)
operators vs. other transit workers, and
(3) different location categories for
where the assault occurs. FTA will
adopt these dimensions as proposed,
with one optional addition.
FTA recognizes that requiring
reporting of additional data categories
on the S&S–50 and S&S–60 can impose
an additional reporting burden.
Nevertheless, FTA agrees with the
commenter that reporting of additional
details about non-major assaults is
necessary for FTA, transit agencies, and
transit workers to gain a better
understanding of these events and how
to prevent them. As a result, FTA will
add an open text field on the S&S–50
and S&S–60 forms that will allow
agencies to report additional details
associated with their summaries of
transit worker assaults. The field will be
optional; agencies can choose how
much additional detail to provide, if
any. For instance, agencies could use
the open text field to provide details on
the times of day assaults took place,
whether transit vehicles involved in
assaults were equipped with anti-assault
infrastructure (e.g., operator
compartment barrier, silent alarm,
audio/video surveillance, etc.), whether
assaults involved physical attacks,
verbal harassment, threats of violence,
incidences of spitting, whether assaults
involved weapons, whether law
enforcement responded to assaults, or
any other information they choose to
report.
Gathering additional details on nonmajor transit worker assaults via the
open text field is critical for FTA to
identify risk factors and potential nearterm mitigations to reduce the risk of
transit worker assault by identifying
more precise categories to classify the
assaults in the future. FTA will monitor
the initial data collected on transit
worker assaults, including additional
details provided by transit agencies in
the open text field, to identify risk
factors related to transit worker assault.
In the future, FTA may propose
additional data fields to strengthen its
understanding of factors associated with
transit worker assault that may help
inform further mitigations to protect
transit workers.
Comments: Two commenters
emphasized that assault reporting
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should distinguish assaults on transit
workers from assaults on transit riders.
FTA Response: FTA notes that the
proposed assault reporting requirements
on the S&S–40, S&S–50, and S&S–60
will result in data that distinguishes
assaults on transit workers from other
events. Compared to the status quo,
these data will provide FTA and other
stakeholders with information
specifically about assaults on transit
workers.
Regarding assaults on transit riders,
FTA did not propose to collect data on
non-major assaults on persons other
than transit workers, such as riders.
This is consistent with the Bipartisan
Infrastructure Law, which only requires
the NTD to collect data on assaults on
transit workers. As such, FTA will not
change the data collection proposed.
FTA notes that the S&S–40 already
captures data related to assaults on
riders. The S&S–40 collects more data
than the S&S–50 and applies to major
events (e.g., fatalities). The S&S–40
currently captures additional details
about such events, such as person type:
‘‘transit vehicle rider.’’ FTA
understands concerns that the S&S–50
also could capture non-major event data
on transit rider assaults. However,
FTA’s approach will follow the
legislative requirement to collect data
on all transit worker assaults, while also
continuing to collect data on transit
rider assaults that meet the threshold of
‘‘major events.’’
Comments: Two comments sought
clarification on reporting thresholds for
the S&S–40 and S&S–50 forms. One
comment asked whether reporting
thresholds for the S&S–40 and the S&S–
50 would change.
FTA Response: The S&S–40
thresholds will not change. The form
will continue to require reporting only
of major events, as defined by the NTD
Safety and Security Policy Manual. The
reporting thresholds of the S&S–50 will
change to include any assault on a
transit worker that is not covered in the
S&S–40. FTA has chosen to limit the
amount of data collected on non-major
assaults (as it currently does with nonmajor events) to prevent excess burden
on reporting agencies; as such, reporting
of non-major assaults will not require
details included in major event reports
like the time of day of each event,
weather, right-of-way configuration, and
detailed event description.
Comment: One comment asked FTA
to augment the collection of incident
data on the S&S–50 and S&S–60 to
include data about assaults on station
agents (i.e., ticket agents, station clerks,
etc.), noting that station agents face
unique hazards as frontline transit
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workers that engage directly with the
public.
FTA Response: FTA appreciates this
comment and recognizes that station
agents can be victims of assault due to
their customer-facing role. Under FTA’s
proposal, data about assaults on station
agents would be collected through the
assaults on ‘‘other transit workers’’ field.
Requiring transit agencies to report
separate data for station agents, as
opposed to ‘‘operator’’ and ‘‘other
worker,’’ would place an unnecessary
burden on transit agencies in data
collection; unlike operators, there may
not be a roster of station agents updated
regularly enough to accommodate
monthly safety reporting. Therefore,
FTA is not changing this data
dimension at this time.
Comment: One comment requested
that FTA require transit agencies to
maintain anonymous reporting
procedures for their workforce to help
prevent the underreporting of non-major
transit worker assaults. The commenter
noted that without an anonymous
reporting.mechanism, transit workers
may fail to report non-major assaults
due to fear of retaliation. The
commenter further expressed that the
Public Transportation Agency Safety
Plan (PTASP) Safety Committees and
risk reduction programs required by the
Bipartisan Infrastructure Law would be
able to function only if NTD data about
assaults on transit workers is usable and
complete.
FTA Response: Pursuant to the
PTASP regulation (49 CFR part 673),
applicable transit agencies must
establish a process that allows
employees to report safety conditions to
senior management and protections for
employees who make such reports.
Transit agencies may establish
employee safety reporting procedures
and mechanisms to facilitate
anonymous reporting of safety concerns;
however, the PTASP regulation does not
require anonymous reporting processes.
Any potential changes to PTASP
employee reporting program
requirements would occur through
regulatory action distinct from the NTD
reporting requirement updates
addressed in this Notice.
FTA acknowledges that
underreporting can be a challenge for
data collection, especially for new data
collection efforts. FTA notes that
nothing in FTA’s proposal prohibits
transit agencies from creating
anonymous safety-related reporting
mechanisms. As such, FTA declines to
require that transit agencies establish
anonymous reporting processes.
After consideration of comments
received, FTA will adopt the assault on
VerDate Sep<11>2014
17:12 Feb 22, 2023
Jkt 259001
a transit worker reporting requirements
as proposed, with two changes: (a) FTA
will provide clarifications in certain
data fields to ensure consistent data
collection and curation; and (b) FTA
will add an optional open text field on
the S&S–50 and S&S–60 forms that will
allow agencies to report additional
details associated with their summaries
of transit worker assaults. The S&S–60
reporting requirements will take effect
beginning in NTD Report Year 2023,
which corresponds to an agency’s fiscal
year, while all changes to the S&S–40
and S&S–50 will take effect in Calendar
Year 2023.
C. Fatalities That Result From an
Impact With a Bus
Comments: FTA received two
comments on the collection of bus
fatality data. One of the two commenters
supported the requirements as
proposed. The other commenter
requested that FTA require reporting of
additional bus fatality data from
Reduced, Rural, Tribal, and Capital
Asset-only reporters, noting that Full
Reporters are required to report detailed
information about such events to the
NTD, but other reporters are not. The
commenter asked FTA to collect
additional data on bus collision
fatalities, including what part of the bus
was impacted, the location of the
collision, and the time and weather
during the event.
FTA Response: FTA believes that the
collection of data on the new S&S–60
form is sufficiently detailed as proposed
and that requiring only summary data
from Reduced, Rural, Tribal, and Capital
Asset-only reporters is an appropriate
mitigation of reporting burden. The
summary S&S–60 form collects
collisions with pedestrians, collisions
with vehicles, collisions with other (e.g.,
animals), injuries, and other major
events separately. FTA will reevaluate
the collection of summary data in the
future and, depending on trends, may at
a later date propose that some of these
reporter types complete S&S–40 event
report forms.
Regarding collecting additional
details on bus collision fatalities, FTA
does not collect data on the physical
part of the bus involved in a bus fatality
directly (e.g., the bumper). However,
FTA does collect data that can be used
to infer certain parts involved.
Specifically, the S&S–40 event report
form captures the vehicle ‘‘action’’ and
the time of collision, which often
corresponds to the part of the vehicle
involved. For example, if a vehicle was
going straight and collided with a
pedestrian, that would typically involve
the bumper. Collecting additional data
PO 00000
Frm 00108
Fmt 4703
Sfmt 4703
about the part of the vehicle would add
to the S&S–40 burden, which is already
considerable as it is one of the longest
NTD forms. FTA declines to make any
other updates to the S&S–60 form.
After consideration of comments
received, FTA will adopt the reporting
requirements regarding fatalities that
result from an impact with a bus as
proposed. The S&S–60 reporting
requirements will take effect beginning
in NTD Report Year 2023, which
corresponds to an agency’s fiscal year.
Nuria I. Fernandez,
Administrator.
[FR Doc. 2023–03789 Filed 2–22–23; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2022–0016]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval: Request for Comment;
Consumer Complaint Information
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice and request for
comments on a reinstatement of a
previously approved collection of
information.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995, this
notice announces that the Information
Collection Request (ICR) summarized
below is being forwarded to the Office
of Management and Budget (OMB) for
review and approval. The ICR describes
the nature of the information collection
and its expected burden. A Federal
Register Notice with a 60-day comment
period soliciting comments on the
following information collection was
published on April 7, 2022. One
comment was received.
DATES: Comments must be submitted on
or before March 27, 2023.
ADDRESSES: Written comments and
recommendations for the proposed
information collection, including
suggestions for reducing burden, should
be submitted to the Office of
Management and Budget at
www.reginfo.gov/public/do/PRAMain.
To find this particular information
collection, select ‘‘Currently under
Review—Open for Public Comment’’ or
use the search function.
FOR FURTHER INFORMATION CONTACT: For
additional information or access to
SUMMARY:
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Agencies
[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Notices]
[Pages 11506-11510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03789]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. FTA-2022-0020]
National Transit Database Safety and Security Reporting Changes
and Clarifications
AGENCY: Federal Transit Administration, United States Department of
Transportation (DOT).
ACTION: Final notice; response to comments.
-----------------------------------------------------------------------
SUMMARY: This Notice finalizes and responds to comments on proposed
changes and clarifications to the National Transit Database (NTD)
Safety and Security (S&S) reporting requirements published in the
Federal Register on July 15, 2022.
DATES: The S&S-60 reporting requirements will take effect beginning in
NTD Report Year (RY) 2023, which corresponds to an agency's fiscal
year, while all changes to the S&S-40 and S&S-50 will take effect in
Calendar Year (CY) 2023.
FOR FURTHER INFORMATION CONTACT: Thomas Coleman, Analysis Division
Chief, FTA Office of Budget and Policy, (202) 366-5333,
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Background
B. Assaults on a Transit Worker
C. Fatalities That Result From an Impact With a Bus
A. Background
The National Transit Database (NTD) is the Federal Transit
Administration's (FTA) primary database for statistics on the transit
industry in the United States. Pursuant to 49 U.S.C. 5334(k), FTA
published a notice in the Federal Register on July 15, 2022, (87 FR
42539) seeking public comment on proposed changes and clarifications to
NTD Safety & Security (S&S) reporting requirements. The comment period
closed on September 13, 2022.
[[Page 11507]]
The proposed updates to NTD S&S reporting requirements implement
changes to Federal transportation law made by the Bipartisan
Infrastructure Law, enacted as the Infrastructure Investment and Jobs
Act (Pub. L. 117-58). FTA proposed changes and clarifications on two
topics: (1) assaults on a transit worker; and (2) fatalities that
result from an impact with a bus. FTA received 24 comments from 8
unique commenters. One comment was outside the scope of the proposal
and is not addressed in this document.
B. Assaults on a Transit Worker
Twenty-three comments addressed elements of FTA's proposals
regarding assaults on a transit worker, including related definitions.
FTA's proposals stemmed from changes to 49 U.S.C. 5335(c), following
enactment of the Bipartisan Infrastructure Law.
1. Definitions
Comments: FTA received three comments in response to its proposal
to change the definition of ``assault.'' One of these comments
expressed that FTA should adopt an existing definition of assault, such
as the one used by the Federal Bureau of Investigation's (FBI) National
Incident-Based Reporting System, rather than adopting a new definition.
A second comment requested that FTA amend its definition of ``assault''
to align it with State law, saying that the proposed definition is too
vague and would include assaults that were not criminally prosecutable.
The last comment requested that FTA revise its definition of
``assault'' to include ``an act of interference with a transit worker's
performance of their duties,'' emphasizing that this definition should
capture any interference with a transit worker such as verbal assaults,
and that this is a low threshold for what constitutes an assault.
FTA Response: FTA appreciates the comments received on its proposed
definition of ``assault.'' Prior to the enactment of the Bipartisan
Infrastructure Law, the NTD specified a definition of ``assault.''
Congress then amended 49 U.S.C. 5302, adding a definition of ``assault
on a transit worker.'' However, Congress did not define ``assault.''
FTA proposed changing the NTD's definition of ``assault'' to ``an
attack by one person on another without lawful authority or
permission'' to ensure consistency with the new statutory definition of
``assault on a transit worker.'' ``Although this definition is
potentially broader than how assault'' is defined under State law, this
change is necessary to ensure the definition is consistent with the
statute. For this reason, FTA declines to adopt the suggestion that the
NTD use a different definition of ``assault,'' such as the definition
in the FBI's National Incident-Based Reporting System.
FTA notes that a definition of ``assault'' is necessary to collect
data on attacks against individuals other than transit workers (e.g.,
an attack on a bus by one passenger on another) when such events meet
an NTD reporting threshold. FTA's new definition of ``assault'' (as
applied to all individuals) is not identical to the definition of
``assault on a transit worker.'' FTA recognizes that transit workers
face unique challenges that make identical definitions for these terms
impractical. For instance, the statutory definition of ``assault on a
transit worker'' includes ``interfere[ence] with . . . a transit worker
while the transit worker is performing the duties of the transit
worker,'' which would not apply to assaults on individuals who are not
transit workers. This is because passengers and other non-transit
workers would not have official duties where interference could occur.
Moreover, passengers interact or potentially interfere with each
other's activities in other contexts that would not qualify as an
assault (e.g., standing across an entire escalator step). FTA therefore
declines to adopt the suggestion to include ``an act of interference
with a transit worker's performance of their duties'' in the definition
of ``assault.'' However, FTA notes that the NTD is adopting the
statutory definition of ``assault on a transit worker'' verbatim.
Accordingly, assaults on transit workers involving interference are
reportable on either the S&S-40, S&S-50, or S&S-60. Thus, FTA is
adopting the definition of ``assault'' as proposed.
Comments: FTA received two comments regarding the definition of
``assault on a transit worker.'' One comment supported FTA's adoption
of the statutory definition of ``assault on a transit worker'' found in
49 U.S.C. 5302(1). The second comment provided legislative history
about the statutory definition and emphasized that the key phrase in
this definition is ``interferes with,'' noting that this is a low
threshold.
FTA Response: FTA appreciates the comments received about the
definition of ``assault on a transit worker.'' As discussed in the
Federal Register notice published on July 15, 2022, FTA did not seek
comment on this definition. FTA will incorporate the statutory
definition into the NTD without change.
Comments: FTA received two comments on the proposed definition of
``transit worker.'' One commenter expressed support for the definition
of ``transit worker,'' noting the importance of including assaults on
contractors and volunteers, while also noting that the change would
require them to make changes to an internal database. One comment
recommended that FTA use the definition of ``transit employee'' from
the NTD Safety and Security Policy Manual instead of developing a new
definition of ``transit worker.'' This commenter also requested that,
if FTA adopts the proposed definition of ``transit worker,'' FTA
clarify that the definition applies only to NTD reporting of assaults
on a transit worker.
FTA Response: FTA appreciates the comments about this proposal and
recognizes that this change may require transit agencies to update
existing processes. FTA is not replacing the definition of ``transit
employee'' but is adding a definition for ``transit worker.'' The NTD
Safety and Security (S&S) manual states that transit employees are
``compensated by the transit agency,'' which does not meet FTA's intent
to capture assaults on any volunteer for the transit agency in addition
to those compensated by the agency. Further, FTA currently uses
``employee'' in the context of reporting Employee hours and counts
annually on the Employees (R-10) form. Expanding the definition of
transit employee to include volunteers would require additional notice
for purposes of annual NTD reporting. Therefore, these will be separate
terms. FTA confirms that the NTD will only use the term ``transit
worker'' in the context of transit worker assault reporting. FTA will
adopt the definition of ``transit worker'' as proposed.
2. Collections
Comment: One comment suggested that FTA should require all grant
recipients to report any incident in which a transit worker has
experienced interference while performing their job duties. As
discussed above, the commenter also provided legislative history
regarding the statutory definition of ``assault on a transit worker,''
emphasizing the importance of the ``interferes with'' language in the
definition.
FTA Response: FTA agrees that all assaults on transit workers
involving interference are assaults that are reportable on either the
S&S-40, S&S-50, or S&S-60. Regarding the requirements for reporting
assaults, FTA notes that the collection of data is also dependent on a
reporting agency's resources. For example, Full Reporters
[[Page 11508]]
use the S&S-40 and S&S-50, and smaller agencies generally complete the
S&S-60. FTA will continue to review the data over time and potentially
determine that smaller reporters must also complete the S&S-40
depending on future trends.
Comments: Three comments concerned the proposed collection and
availability of safety data for reporting purposes. One comment noted
the importance of making data on assaults available to transit
agencies, workers, academics, unions, and FTA in order to identify
strategies to combat the threat of assault in transit systems. The
second comment concerned the format of NTD data products. This
commenter requested that the NTD provide data users the ability to
create and export data products. The commenter noted that such
capabilities would allow transit agencies to more efficiently analyze
safety and security information. The third comment noted that ensuring
valid data collection ``will require new or additional promotional
efforts'' and that ``FTA should assist agencies in promoting assault
awareness and reporting.''
FTA Response: While the Bipartisan Infrastructure Law does not
include mandates to change data products, such as adding export
functionality, FTA understands this concern. FTA appreciates the
recommendation and has taken steps to improve our data products to meet
individual data user needs. For instance, FTA recently published an
enhanced safety and security dataset that offers export functionality
here: https://data.transportation.gov/Public-Transit/Major-Safety-Events/9ivb-8ae9.
Furthermore, FTA will continue to make iterative improvements to
increase the usefulness of reports involving transit worker assaults
and other safety and security data. FTA will also promote data
reporting requirements via NTD Reporting Webinars via https://transit.dot.gov/ntd once the requirement takes effect. FTA is actively
promoting assault awareness through its Enhanced Transit Safety and
Crime Prevention Initiative. For more information on related funding
eligibility, training on Assault Awareness and Prevention, and other
resources, agencies may visit https://www.transit.dot.gov/regulations-and-programs/safety/enhanced-transit-safety-and-crime-prevention-initiative.
Comments: Two comments expressed concern about the potential burden
that certain changes would create. One commenter noted that requiring
State reporters, who complete reports on behalf of Rural Reporters, to
report monthly S&S-50 forms may be a burden on staff resources and
requested clarification about how this requirement and the S&S-60
requirement apply to State reporters. The commenter also suggested that
State reporters only be required to submit data annually. Another
commenter asked FTA to consider the capacity of smaller transit systems
when implementing the new reporting requirements.
FTA Response: State reporters do not have to fill out a response to
the S&S-50 form. State reporters, on behalf of Rural Reporters, will be
required to submit the new S&S-60 form. FTA understands the limited
staffing resources of State Departments of Transportation and smaller
transit systems, and we have taken these concerns into consideration
when creating the S&S-60. This form is completed once annually and
collects summary data instead of detailed event reports.
Comment: One commenter asked which definitions would apply to
certain terms used in the S&S-50 and S&S-60 transit worker assault
reporting fields. Regarding the S&S-60, the commenter asked whether FTA
is using the existing definition of the terms ``revenue facility'' and
``non-revenue facility'' from the NTD Safety and Security Policy
Manual. The commenter also requested clarification on what should be
included in reporting for ``other location.'' Regarding terms used on
the S&S-50 form, the commenter asked if transit agencies should use the
definition of ``transit vehicle operator'' in the NTD Safety and
Security Policy Manual when reporting for ``operators.'' The commenter
also asked for clarification regarding which individuals should be
captured in the reporting for ``other transit workers.'' The commenter
requested confirmation that there are no additional changes to existing
definitions.
FTA Response: FTA's intent is for the S&S forms to capture data and
leverage existing NTD definitions wherever practicable. FTA confirms
that the term ``revenue facility'' and ``non-revenue facility'' used in
the transit worker assault reporting fields in the S&S-50 and S&S-60
will align with the existing definitions of those terms listed in the
NTD Safety and Security Policy Manual. Specifically, ``Revenue
Facility'' will include all areas defined in the 2022 NTD S&S Reporting
Policy Manual with the ``Revenue Facility'' prefix (e.g., Revenue
Facility: Transit Center/Station or Terminal). Non-Revenue Facility
will include all areas defined in the S&S-50 section of the manual as
``Non-Revenue Facility.'' ``Other Locations'' will include all areas
defined in the S&S-50 section of the manual as ``Other.''
In response to comments, FTA will provide clarifications in certain
data fields to ensure consistent data collection and curation. To
provide additional clarification on assaults on ``other transit
workers,'' FTA will add parenthetical examples to related fields in the
S&S-50 and S&S-60 forms. In the NTD S&S Reporting Manual, instead of
``other worker'' and ``other transit staff'' person types on the S&S-
40, S&S-50, and S&S-60, FTA may use ``other worker (e.g., commercial
worker, utilities worker, transit police, station agent, etc.)'' or
``other transit staff (e.g., transit police, station agent, etc.).''
Similarly, to clarify ``other'' location, FTA will add a
parenthetical example to related reporting fields on the S&S-50 and
S&S-60. Thus, instead of ``other,'' the reporting fields will read
``other: e.g., city street.'' In addition, FTA confirms that the
references to ``operator'' in the new S&S questions refer to transit
vehicle operators as defined in the NTD Safety and Security Policy
Manual. FTA also confirms that it has not made any other changes to
existing definitions.
Comments: FTA received five comments regarding separating physical
and non-physical transit worker assault data. One comment opposed FTA's
proposal to require separate reporting of physical and non-physical
transit worker assaults, noting no such distinction should be made,
especially if it could be used to ``artificially deflate the number of
assaults counted at each agency.'' The second asked for additional
guidance to clarify the distinction between physical and non-physical
assaults. The commenter requested clarification on whether spitting
would be captured as a physical assault, and whether the use of pepper
spray would be considered a weapon. The third noted the importance of
collecting both physical and other forms of assault (e.g., non-
physical) data. The fourth asked FTA to instruct grant recipients to
track all physical and non-physical transit worker assaults and report
these data to the NTD. The fifth commenter stated that the headers
(fields) on the S&S-50 table ``appear to repeat the content.''
FTA Response: As proposed, the S&S-40, S&S-50, and S&S-60 will
collect and distinguish assaults on transit workers that were physical
from non-physical assaults. Data users can then combine or separate the
data as they need. While FTA cannot address the concern that statistics
may be misused by data consumers to ``artificially deflate'' the number
of assaults, FTA
[[Page 11509]]
will include clear labels and respective data definitions wherever
assaults (or components thereof) appear in NTD data publications. In
response to the comment requesting further guidance about the
distinction between these two types of assault, FTA notes that FTA's
S&S-40 proposal contains definitions of ``physical'' and ``non-
physical'': to be considered ``physical,'' an assault requires physical
contact with the transit worker. This could include any physical
contact with the victim from the attacker's body, a weapon, a
projectile, or other item. A non-physical assault is an assault in
which the attack involves no physical contact with the transit worker.
This could include threats or intimidation that did not result in any
physical contact with the transit worker. FTA confirms that these
definitions also apply to the S&S-50 and S&S-60 forms. These
definitions will assist agencies as they record and report these data.
For instance, an assault where someone spits on a transit worker would
be reported as a physical assault, while an assault involving spitting
near, but without making contact with, the transit worker (e.g.,
spitting on an operator compartment barrier) would be reported as a
non-physical assault. In all cases, agencies are required to track and
report transit worker assault data to the NTD, either on the S&S-40,
S&S-50, or S&S-60 form, as applicable. FTA also confirms that no data
collection is repeated in columns the S&S-50 table as stated by the
fifth commenter.
Comment: One comment requested that FTA require reporting of non-
major assault data on the S&S-50 and S&S-60 that would be more
expansive than what FTA proposed, noting that the additional data is
``vital to all transit stakeholders' understanding of what kinds of
assaults are occurring and how transit agencies can prevent them.'' The
commenter requested data collection for the following:
``The type of incident that occurred (i.e. a physical attack,
verbal harassment, a threat of violence, an incidence of spitting,
etc.)
If the assailant used a weapon, what type of weapon it was
The time of day at which the assault occurred
The location of the assault
Whether there was a response from law enforcement and, if so,
from what agency or agencies
For assaults occurring on transit vehicles, whether the
vehicle was equipped with a barrier or other anti-assault
infrastructure--and if so, what kind.''
FTA Response: FTA's transit worker assault reporting proposal for
non-major assaults would require transit agencies to report counts of
transit worker assaults conforming to three categories of data. These
categories (i.e., dimensions) require reporters to separate transit
worker assaults based on (1) physical vs. non-physical, (2) operators
vs. other transit workers, and (3) different location categories for
where the assault occurs. FTA will adopt these dimensions as proposed,
with one optional addition.
FTA recognizes that requiring reporting of additional data
categories on the S&S-50 and S&S-60 can impose an additional reporting
burden. Nevertheless, FTA agrees with the commenter that reporting of
additional details about non-major assaults is necessary for FTA,
transit agencies, and transit workers to gain a better understanding of
these events and how to prevent them. As a result, FTA will add an open
text field on the S&S-50 and S&S-60 forms that will allow agencies to
report additional details associated with their summaries of transit
worker assaults. The field will be optional; agencies can choose how
much additional detail to provide, if any. For instance, agencies could
use the open text field to provide details on the times of day assaults
took place, whether transit vehicles involved in assaults were equipped
with anti-assault infrastructure (e.g., operator compartment barrier,
silent alarm, audio/video surveillance, etc.), whether assaults
involved physical attacks, verbal harassment, threats of violence,
incidences of spitting, whether assaults involved weapons, whether law
enforcement responded to assaults, or any other information they choose
to report.
Gathering additional details on non-major transit worker assaults
via the open text field is critical for FTA to identify risk factors
and potential near-term mitigations to reduce the risk of transit
worker assault by identifying more precise categories to classify the
assaults in the future. FTA will monitor the initial data collected on
transit worker assaults, including additional details provided by
transit agencies in the open text field, to identify risk factors
related to transit worker assault. In the future, FTA may propose
additional data fields to strengthen its understanding of factors
associated with transit worker assault that may help inform further
mitigations to protect transit workers.
Comments: Two commenters emphasized that assault reporting should
distinguish assaults on transit workers from assaults on transit
riders.
FTA Response: FTA notes that the proposed assault reporting
requirements on the S&S-40, S&S-50, and S&S-60 will result in data that
distinguishes assaults on transit workers from other events. Compared
to the status quo, these data will provide FTA and other stakeholders
with information specifically about assaults on transit workers.
Regarding assaults on transit riders, FTA did not propose to
collect data on non-major assaults on persons other than transit
workers, such as riders. This is consistent with the Bipartisan
Infrastructure Law, which only requires the NTD to collect data on
assaults on transit workers. As such, FTA will not change the data
collection proposed.
FTA notes that the S&S-40 already captures data related to assaults
on riders. The S&S-40 collects more data than the S&S-50 and applies to
major events (e.g., fatalities). The S&S-40 currently captures
additional details about such events, such as person type: ``transit
vehicle rider.'' FTA understands concerns that the S&S-50 also could
capture non-major event data on transit rider assaults. However, FTA's
approach will follow the legislative requirement to collect data on all
transit worker assaults, while also continuing to collect data on
transit rider assaults that meet the threshold of ``major events.''
Comments: Two comments sought clarification on reporting thresholds
for the S&S-40 and S&S-50 forms. One comment asked whether reporting
thresholds for the S&S-40 and the S&S-50 would change.
FTA Response: The S&S-40 thresholds will not change. The form will
continue to require reporting only of major events, as defined by the
NTD Safety and Security Policy Manual. The reporting thresholds of the
S&S-50 will change to include any assault on a transit worker that is
not covered in the S&S-40. FTA has chosen to limit the amount of data
collected on non-major assaults (as it currently does with non-major
events) to prevent excess burden on reporting agencies; as such,
reporting of non-major assaults will not require details included in
major event reports like the time of day of each event, weather, right-
of-way configuration, and detailed event description.
Comment: One comment asked FTA to augment the collection of
incident data on the S&S-50 and S&S-60 to include data about assaults
on station agents (i.e., ticket agents, station clerks, etc.), noting
that station agents face unique hazards as frontline transit
[[Page 11510]]
workers that engage directly with the public.
FTA Response: FTA appreciates this comment and recognizes that
station agents can be victims of assault due to their customer-facing
role. Under FTA's proposal, data about assaults on station agents would
be collected through the assaults on ``other transit workers'' field.
Requiring transit agencies to report separate data for station agents,
as opposed to ``operator'' and ``other worker,'' would place an
unnecessary burden on transit agencies in data collection; unlike
operators, there may not be a roster of station agents updated
regularly enough to accommodate monthly safety reporting. Therefore,
FTA is not changing this data dimension at this time.
Comment: One comment requested that FTA require transit agencies to
maintain anonymous reporting procedures for their workforce to help
prevent the underreporting of non-major transit worker assaults. The
commenter noted that without an anonymous reporting.mechanism, transit
workers may fail to report non-major assaults due to fear of
retaliation. The commenter further expressed that the Public
Transportation Agency Safety Plan (PTASP) Safety Committees and risk
reduction programs required by the Bipartisan Infrastructure Law would
be able to function only if NTD data about assaults on transit workers
is usable and complete.
FTA Response: Pursuant to the PTASP regulation (49 CFR part 673),
applicable transit agencies must establish a process that allows
employees to report safety conditions to senior management and
protections for employees who make such reports. Transit agencies may
establish employee safety reporting procedures and mechanisms to
facilitate anonymous reporting of safety concerns; however, the PTASP
regulation does not require anonymous reporting processes. Any
potential changes to PTASP employee reporting program requirements
would occur through regulatory action distinct from the NTD reporting
requirement updates addressed in this Notice.
FTA acknowledges that underreporting can be a challenge for data
collection, especially for new data collection efforts. FTA notes that
nothing in FTA's proposal prohibits transit agencies from creating
anonymous safety-related reporting mechanisms. As such, FTA declines to
require that transit agencies establish anonymous reporting processes.
After consideration of comments received, FTA will adopt the
assault on a transit worker reporting requirements as proposed, with
two changes: (a) FTA will provide clarifications in certain data fields
to ensure consistent data collection and curation; and (b) FTA will add
an optional open text field on the S&S-50 and S&S-60 forms that will
allow agencies to report additional details associated with their
summaries of transit worker assaults. The S&S-60 reporting requirements
will take effect beginning in NTD Report Year 2023, which corresponds
to an agency's fiscal year, while all changes to the S&S-40 and S&S-50
will take effect in Calendar Year 2023.
C. Fatalities That Result From an Impact With a Bus
Comments: FTA received two comments on the collection of bus
fatality data. One of the two commenters supported the requirements as
proposed. The other commenter requested that FTA require reporting of
additional bus fatality data from Reduced, Rural, Tribal, and Capital
Asset-only reporters, noting that Full Reporters are required to report
detailed information about such events to the NTD, but other reporters
are not. The commenter asked FTA to collect additional data on bus
collision fatalities, including what part of the bus was impacted, the
location of the collision, and the time and weather during the event.
FTA Response: FTA believes that the collection of data on the new
S&S-60 form is sufficiently detailed as proposed and that requiring
only summary data from Reduced, Rural, Tribal, and Capital Asset-only
reporters is an appropriate mitigation of reporting burden. The summary
S&S-60 form collects collisions with pedestrians, collisions with
vehicles, collisions with other (e.g., animals), injuries, and other
major events separately. FTA will reevaluate the collection of summary
data in the future and, depending on trends, may at a later date
propose that some of these reporter types complete S&S-40 event report
forms.
Regarding collecting additional details on bus collision
fatalities, FTA does not collect data on the physical part of the bus
involved in a bus fatality directly (e.g., the bumper). However, FTA
does collect data that can be used to infer certain parts involved.
Specifically, the S&S-40 event report form captures the vehicle
``action'' and the time of collision, which often corresponds to the
part of the vehicle involved. For example, if a vehicle was going
straight and collided with a pedestrian, that would typically involve
the bumper. Collecting additional data about the part of the vehicle
would add to the S&S-40 burden, which is already considerable as it is
one of the longest NTD forms. FTA declines to make any other updates to
the S&S-60 form.
After consideration of comments received, FTA will adopt the
reporting requirements regarding fatalities that result from an impact
with a bus as proposed. The S&S-60 reporting requirements will take
effect beginning in NTD Report Year 2023, which corresponds to an
agency's fiscal year.
Nuria I. Fernandez,
Administrator.
[FR Doc. 2023-03789 Filed 2-22-23; 8:45 am]
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