[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Notices]
[Pages 72137-72141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29384]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2015-0029]


Supplemental Notice and Response to Comments on National Transit 
Database

AGENCY: Federal Transit Administration, DOT.

ACTION: Request for Comments

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SUMMARY: This notice responds to comments on a proposed expansion of 
the Federal Transit Administration's (FTA) National Transit Database 
(NTD); requests comments on additional proposed reporting; and requests 
comments on updating the NTD's approval to collect information under 
the Paperwork Reduction Act.

DATES: Comments are due by January 19, 2016. FTA will consider late 
comments to the extent practicable.

ADDRESSES: Please identify your submission by Docket Number (FTA-2015-
0029) through one of the following methods:
     Federal eRulemaking Portal: Submit electronic comments and 
other data to http://www.regulations.gov.
     U.S. Mail: Send comments to Docket Operations; U.S. 
Department of Transportation, 1200 New Jersey Avenue SE., West Building 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building, Ground Floor, at 1200 
New Jersey Avenue SE., Washington, DC, between 9:00 a.m. and 5:00 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations, U.S. Department of 
Transportation, at (202) 493-2251.
    Instructions: You must include the agency name (Federal Transit 
Administration) and Docket Number (FTA-2015-0029) for this notice, at 
the beginning of your comments. If sent by mail, submit two copies of 
your comments. Due to security procedures in effect since October 2001, 
mail received through the U.S. Postal Service may be subject to delays. 
Parties submitting comments should consider using an express mail firm 
to ensure their prompt filing of any submissions not filed 
electronically or by hand. If you wish to receive confirmation that FTA 
received your comments, you must include a self-addressed stamped 
postcard. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided. You 
may review U.S. DOT's complete Privacy Act Statement published in the 
Federal Register on April 11, 2000, at 65 FR 19477-8 or http://DocketsInfo.dot.gov.
    Electronic Access and Filing: This document and all comments 
received may be viewed online through the Federal eRulemaking portal at 
http://www.regulations.gov. Electronic submission and retrieval help 
and guidelines are available on the Web site. It is available 24 hours 
each day, 365 days a year. Please follow the instructions. An 
electronic copy of this document may also be downloaded from the Office 
of the Federal Register's home page at https://www.federalregister.gov.

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

SUPPLEMENTARY INFORMATION:

Table of Contents

A. Background
B. Response to Comments on Expansion of Capital Asset Reporting for 
Urban Reporters
C. Additional Proposed Changes to Capital Asset Inventory Data
    1. Urban Reporters
    2. Capital Asset Reporting for 5310 and 5311 Recipients
    3. Proposed Performance Measures and Targets Data
D. Paperwork Reduction Act Approval

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, which is 
the subject of this supplemental notice.
    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. 59 U.S.C. 5335(c). Currently, 
the NTD 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 initial 
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 the initial notice, FTA proposed that the NTD Asset Inventory 
Module collect the following data through a recipient's submission of 
electronic forms:
     Agency Identification. Collects organizational and contact 
information.
     Administrative and Maintenance Facilities. Collects 
information on administrative and maintenance facilities used to supply 
transit service, including facility name, street address, square 
footage, year built or substantially reconstructed, primary transit 
mode supported, and estimated replacement cost.
     Passenger and Parking Facilities. Collects information on 
passenger 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 estimated replacement cost.
     Rail Fixed Guideway. 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 estimated replacement cost.
     Track. 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 
and date of construction or major rehabilitation.
     Service Vehicles. Collects data on service vehicles that 
support transit service delivery, maintain revenue vehicles, and 
perform administrative activities. The data includes quantity, expected 
service life, year of manufacture, and estimated replacement cost.

[[Page 72138]]

    In the initial notice, FTA proposed that it would begin 
implementing the proposed reporting requirements beginning with the 
2015 NTD reporting cycle (beginning September 2015). FTA proposed 
granting a waiver for the 2015 NTD reporting cycle and granting waivers 
on a case-by-case basis for the 2016 NTD reporting cycle.

B. Response to Comments on Expansion of Capital Asset Reporting for 
Urban Reporters

    The comment period for the initial notice closed on October 20, 
2014. FTA received 75 comments to its initial notice. This notice 
includes FTA's responses to eighteen (18) comments related to the NTD 
Asset Inventory Module. FTA responded previously to the remaining 
fifty-seven (57) comments in the Federal Register notice: Revised NTD 
Reporting Manual and Response to Comments (80 FR 18699, Apr. 7, 2015). 
Following is a summary of the comments from the initial notice related 
to the NTD Asset Inventory Module.
    Comment: Six (6) commenters raised a concern over implementing the 
proposed inventory module prior to the publication of a final Transit 
Asset Management rule implementing 49 U.S.C. 5326. One commenter stated 
that ``the proposed expansion of NTD reporting to include asset 
inventory data is premature. Because the Secretary of Transportation 
has yet to define ``state of good repair'' or to establish the official 
performance measure for that condition, relevant asset information 
cannot be identified at this time.'' Commenters recommended postponing 
the implementation of the module until after the publication of a final 
rule. While one (1) commenter did not specifically request postponing 
the implementation of the module, the commenter expressed concern that 
this module may conflict with additional requirements of the transit 
asset management rulemaking.
    Response: FTA will implement proposed revisions to the NTD Asset 
Inventory Module concurrent with effective date of final TAM rule. The 
reader should be aware, however, that FTA's proposed changes to the NTD 
Asset Inventory Module in the initial notice were based, primarily, on 
the authority at 49 U.S.C. 4335(c) that recipients report asset 
inventory and condition assessment information to the NTD. The proposed 
changes in the initial notice were not dependant on FTA first defining 
the term ``state of good repair'' or issuing a final TAM rule. The 
requirements of the new TAM program, while related to NTD reporting, 
are separate. The new TAM program requires each recipient of FTA grant 
funds to develop a Transit Asset Management Plan that includes an 
inventory of its capital assets and condition assessment of those 
assets. 49 U.S.C. 5326(a)(2) and (b)(2). The TAM program also includes 
new requirements for the annual reporting of the condition of a 
recipient's public transportation system and a recipient's progress 
towards meeting performance targets. 49 U.S.C. 5326(b) and (c)(3).
    Comment: Five (5) commenters expressed that the proposed asset 
inventory would be too burdensome to implement and that it would be 
both difficult and costly to put their data into the requested format. 
One (1) commenter expressed concern that providing the requested 
replacement cost information for stations would require ``costly 
engineering studies.'' One (1) commenter stated that it would take 
effort, but they would be able to provide the data requested within the 
proposed timeline.
    Response: FTA is committed to implementing reasonable data 
reporting requirements, while also meeting the requirements in the law 
for reporting asset condition information. FTA believes that the 
proposed changes to the NTD Asset Inventory Module in the initial 
notice would strike the appropriate balance in minimizing reporting 
burden while still allowing for 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.
    FTA is also sensitive to commenters' concerns that providing the 
most accurate replacement cost information may require an engineering 
study of a facility. FTA further recognizes that accurate replacement 
cost information may be especially difficult to obtain for historic 
systems and those systems with a large facility inventory. After 
additional consideration, FTA has decided to remove the proposed 
replacement cost reporting requirement to reduce the burden on 
reporting agencies.
    Comment: Five (5) commenters requested a longer implementation 
timeline or requested that requirements be phased in over time. Two (2) 
commenters specifically requested that the 2015 implementation phase be 
eliminated with initial implementation pushed out to 2016.
    Response: FTA will implement proposed revisions to the NTD Asset 
Inventory Module concurrent with effective date of a final TAM rule. 
However, recipients will have the option to begin reporting the asset 
inventory data proposed in the initial notice in reporting year 2016 
and up until the effective date of a final TAM rule, after which FTA 
may consider requests for a one-year extension.
    Comment: Two (2) commenters stated that the NTD was not the 
appropriate place to collect asset inventory information. One (1) 
commenter disagreed with FTA's interpretation of MAP-21 and suggested 
that maintaining an asset inventory through NTD is redundant and 
unnecessary and recommended that FTA continue to use sampling to obtain 
the inventory data needed to estimate the backlog through the Transit 
Economic Requirements Model (TERM).
    Response: MAP-21 amended 49 U.S.C. 5335 (c) (National Transit 
Database) to require the reporting of ``any information relating to a 
transit asset inventory or condition assessment conducted by the 
recipient.'' Accordingly, FTA believes that the NTD is the appropriate 
place to report this information, and FTA believes that consolidating 
various reporting requirements together in the NTD would minimize the 
reporting burden on the industry.
    Comment: Three (3) commenters requested technical or layout changes 
to the module. Two (2) commenters requested an adjustment to the layout 
of the data collection form, specifically, requesting the addition of 
cells that would allow them to enter their own vehicle ID information. 
Additionally, one commenter requested a bulk upload feature be added to 
the NTD.
    Response: FTA will add a `notes' column to the vehicle inventory 
module that will allow reporters to enter additional identifying 
information for vehicles. This information would only be included for 
the ease of the reporter and would not be used for official 
identification purposes by FTA.
    FTA is in the process of developing a `bulk upload' feature for the 
NTD that would allow reporters to enter information into a specified 
excel spreadsheet format for upload into the NTD. FTA will continue to 
refine the layout and functionality of the asset inventory module in 
response to user feedback and testing.
    Comment: Four (4) commenters raised concerns regarding asset 
inventories for

[[Page 72139]]

assets owned or maintained by a third party. One commenter stated that 
third party assets should be differentiated from agency-owned assets. 
Another commenter expressed concerns about the ability to obtain asset 
inventory information from third party contractors that may not use 
those assets exclusively for transit service. Additionally, some 
commenters stated that private companies have expressed concerns over 
losing their competitive edge by sharing this data. Another commenter 
suggested that FTA should only request information on assets which are 
owned or leased by an agency, as agencies often do not keep records on 
assets owned or maintained by other entities.
    Response: FTA is sensitive to the additional burden of obtaining 
detailed information on assets owned and operated by a third party, 
especially any information that may compromise competition amongst 
private parties providing transit services. Therefore, FTA does not 
intend to require replacement cost information for third party-owned 
vehicles. Reporters still would be required to report additional 
vehicle inventory information on these vehicles.
    FTA does not intend to collect detailed asset inventory on a non-
dedicated fleet. Reporting requirements for a non-dedicated fleet would 
remain the same as historic NTD reporting requirements. Reporters may 
reference these requirements in the NTD Reporting Manual located on the 
NTD Web site: www.ntdprogram.gov. Reporters would be expected to 
provide information on a ``representative vehicle'' for non-dedicated 
fleets. Replacement cost information would not be collected for any 
other asset types. FTA will update the proposed form and reporting 
manual to clearly reflect these requirements.
    Comment: Three (3) commenters stated that FTA should keep asset 
inventory reporting requirements at a high level. One (1) commenter 
suggested that the October 2012 TAM Guide should be used as the 
representative consensus view. Another commenter expressed concern that 
the NTD requirements ``dismiss the results of FTA's Asset Inventory 
Module Pilot Program'' and requested clarification on the intent behind 
collecting this level of detail.
    Response: FTA is sensitive to the request to keep the asset 
inventory data requirements at a high level in order to minimize the 
burden on reporting agencies. The proposed asset inventory data 
requirements were informed by FTA's TAM Guide. The TAM Guide is FTA's 
primary source of guidance on transit asset management. The TAM Guide 
combines previous research, case studies and lessons learned from other 
FTA State of Good Repair initiatives, the existing state of the 
practice in asset management from other fields, and the international 
asset management standard efforts by the International Standards 
Organization.
    The proposed asset inventory requirements would implement the 
statutory requirement for inclusion in the NTD of any information 
related to a transit asset inventory and condition assessment conducted 
by grant recipients. 49 U.S.C. 5335(c). FTA believes that the proposed 
asset inventory module balances the requirement for this data with 
current industry practices and recommendations. FTA believes that the 
requested level of detail is at the appropriate level for a meaningful 
analysis of the transit industry's capital liabilities as well as the 
state of good repair backlog. The data collected through these modules 
would improve the outputs of TERM and allow for a more detailed 
discussion of the conditions and performance of the Nation's transit 
systems in the C&P Report.
    Comment: One (1) commenter cautioned that standardized data across 
all modes may not be appropriate, specifically stating that ferry boats 
are not equipped with an odometer and therefore cannot provide an 
odometer reading as requested.
    Response: FTA understands that not all transit vehicles are 
equipped with an odometer or hubometer. For the purpose of reporting in 
this form, the mileage for a mode that is not equipped with this type 
of equipment could be reported as an annual estimate using a defensible 
methodology. FTA will update the manual to clearly reflect this change.
    Comment: One (1) commenter requested clarity on whether or not 
there will be a requirement to report on ``support'' vehicles.
    Response: Form A-60 in the proposed NTD Asset Inventory Module 
tracks non-revenue service vehicles. This would be the appropriate 
place for a reporter to include information on support vehicles such as 
police cars, vehicles driven by service supervisors or maintenance 
personnel, etc.
    Comment: One commenter requested flexibility in setting a minimum 
threshold for asset inclusion. Specifically, they felt that items less 
than $10K should not be included.
    Response: FTA developed the proposed inventory categories and 
reporting requirements to keep information at a high level and does not 
anticipate that the proposed inventory categories would include assets 
that are valued below $10,000.
    Comment: One (1) commenter expressed concern that square footage 
requirements may not correlate to replacement costs and may be 
difficult to obtain from legacy system records. They recommended 
removing the square footage requirement.
    Response: While FTA recognizes that square footage alone may not 
directly correlate with the replacement cost of a facility in all 
cases, it believes that the connection between facility square footage 
and replacement cost is strong enough to justify the collection of this 
information. Moreover, FTA is no longer proposing to collect estimated 
replacement cost information directly, in the interests of minimizing 
reporting burden. As such, collecting square footage is the least-
burdensome way for FTA to have any basis of estimating replacement 
cost, and by extension, of estimating the state of good repair backlog.
    Comment: One (1) commenter suggested changes to the fixed guideway 
and track forms including: Limiting the classifications for guideway; 
consolidating the power substation building and equipment into one 
category; and ``using the term `interlocking plant' along with grade 
crossings to describe special work and eliminate the other 
categories.''
    Response: FTA believes that limiting the data as the commenter 
recommends would not properly account for the variety of operating 
climates and infrastructure represented in the NTD. At this time, FTA 
believes the proposed categories would allow for a meaningful analysis 
without presenting an undue reporting burden.
    Comment: One (1) commenter identified an issue with the ownership 
structure of their passenger stations and the proposed asset inventory 
reporting instructions. Many of their stations are owned by the cities 
where the stations are located and the proposed changes in the initial 
notice suggests that the cities would be required to report these 
stations or else they would go unreported.
    Response: FTA intends to request a transit agency to provide basic 
inventory information for all stations used in the provision of 
service. Station location information would be reported for all 
stations, However, size and financial information would be required 
only if the transit agency has full or partial capital responsibility 
for the station.

[[Page 72140]]

    Comment: Two (2) commenters noted that the proposed categories do 
not mirror the F-20 (use of capital funds) form and suggested that 
these categories should remain consistent.
    Response: FTA acknowledges that the proposed categories in the 
initial notice are different than those in the F-20 form. The F-20 form 
is intended to align with the standard cost categories used by FTA to 
report the expenditure of grant monies. The proposed inventory was 
organized according to the four capital asset categories identified in 
MAP-21: Equipment, rolling stock, infrastructure, and facilities; and 
is intended to meet MAP-21 requirements and capture information on 
capital assets to inform state of good repair needs and trends across 
the industry. FTA does not believe that the two forms need to be 
organized in the same manner.

C. Additional Proposed Changes to Capital Asset Inventory Data

1. Urban Reporters

    In its initial notice, FTA proposed that the NTD Asset Inventory 
Module collect the following facility-related data through a 
recipient's submission of electronic forms:
     Administrative and Maintenance Facilities. Information on 
administrative and maintenance facilities used to supply transit 
service, including facility name, street address, square footage, year 
built or substantially reconstructed, primary transit mode supported, 
and estimated replacement cost.
     Passenger and Parking Facilities. Collects information on 
passenger 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 replacement cost.
    In addition to the information listed above, through this notice, 
FTA is proposing to require that an urban recipient also report on the 
condition of its facilities using the TERM 1 (poor) to 5 (excellent) 
scale. As indicated in FTA's response to comments, it will not collect 
replacement cost data as initially proposed. FTA seeks comment on its 
proposal to require reporting of facility condition data. The proposed 
forms can be viewed at http://www.ntdprogram.gov/ntdprogram/assetInventory.htm.

 2. Capital Asset Reporting for 5310 and 5311 Recipients

    Through this notice, FTA is proposing reduced asset inventory 
reporting requirements for providers that exclusively receive 5310 or 
5311 funds. The proposed vehicle inventory form for 5310 recipients 
mirrors the current rural vehicle inventory module. Reporters would be 
required to provide information on their vehicle type, length, seating 
capacity, year of manufacture and funding source. The proposed forms 
can be viewed at http://www.ntdprogram.gov/ntdprogram/assetInventory.htm.
    Recipients of 5311 funds would continue to report vehicle inventory 
data for their subrecipients as they have in the past; however, FTA 
proposes that 5311 recipients provide additional detail on their 
facilities. The proposed facility inventory requirements for 5311 
recipients mirror those proposed for urban reporters above (see 
description above). Reporters would be required to provide expanded 
information on administrative and maintenance facilities used to supply 
transit service. For each facility, the facility name, street address, 
square footage, year built or substantially reconstructed, primary 
transit mode supported, and asset condition rating (ranked on a 5-point 
scale in keeping with the Transit Economic Requirements Model).
    To the extent that 5311 recipients have passenger and parking 
facilities, they would also be responsible for providing information 
for each facility, including: The facility's name, street address, 
square footage and number of parking spaces, year built or 
substantially reconstructed, primary mode, and asset condition rating.
    To simplify reporting, the system would retain data from the 
previous year's report. Only new assets, retired assets, and 
refurbished assets would need to be reported after the first year. 
Condition assessments for all facilities, including administrative and 
maintenance buildings as well as passenger stations and parking 
structures, would be updated at least once every three years.
    FTA seeks comments on its proposed reporting requirements for 
recipients of 5310 and 5311 funds.

 3. Proposed Performance Measures and Targets Data

    Pursuant to the requirements of 49 U.S.C. 5326(c), FTA intends to 
collect performance metrics and targets in the NTD. Subsequent to 
publication of a final TAM rule, FTA is proposing that all recipients 
would be required to report annually on their targets and progress for 
the following:
     Equipment-Service Vehicles. The proposed 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 would calculate annual performance 
based on the manufacturer's age information that is entered into the 
vehicle inventory. FTA does not currently collect the age of 
manufacture for service vehicles. FTA is proposing that this 
information be collected as part of the expanded capital asset 
inventory. Reporters would be 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.
     Rolling Stock. The proposed 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. FTA 
currently collects the year of manufacture for revenue vehicles. FTA is 
proposing that recipients report one target and useful life benchmark 
for each revenue vehicle classification. The NTD system would calculate 
annual performance based on the date of manufacture information entered 
into the vehicle inventory.
     Rail-fixed Guideway Infrastructure (track, signals, and 
systems). The proposed performance measure for rail-fixed guideway 
infrastructure is the percentage of track segments, signals, and 
systems with performance restrictions. FTA is proposing that recipients 
report a target and performance of this metric for each mode. FTA will 
provide additional technical assistance and guidance on how to measure 
a performance restriction.
     Facilities. The proposed 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). FTA is proposing that the condition rating for each 
facility be reported through the capital asset reporting. The system 
would automatically calculate performance based on these reports. 
Reporters would also be required to provide an annual target for each 
facility type. FTA will provide additional technical assistance and 
guidance on to

[[Page 72141]]

measure a facility condition rating on the TERM scale.
    FTA seeks comment on its proposal to require recipients to report 
the above performance-related information. The Transit Asset Management 
Notice of Proposed Rulemaking was published in the Federal Register on 
September 30, 2015. 80 FR 58912. The comment period closes on November 
30, 2015. FTA encourages readers to submit comments on the NPRM, 
including the proposed performance measures, to docket # FTA-2014-0020 
at www.regulations.gov.

C. Paperwork Reduction Act

Anticipated Burden

    A Paperwork Reduction Act justification of these changes has been 
submitted for review. FTA estimates that the initial year burden 
nationally will be 18,636 hours for urban reporters and 13,097 hours 
for state and rural reporters or 31,733 hours in total. This represents 
a 10.5% increase to the total NTD in the first year. The burden in 
subsequent years is estimated at 9,318 hours for urban reporters and 
6,549 for state and rural reporters or a total of 15,867 hours 
representing a 5.2% increase to the total NTD.
    Estimated Annual Burden on Respondents (new module): 15,867 hrs.
    Estimated Total Annual Burden (Total NTD): 318,267 hrs.
    Frequency: Reporting Annually.

Therese W. McMillan,
Acting Administrator.
[FR Doc. 2015-29384 Filed 11-17-15; 8:45 am]
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