Notice2022-15167
National Transit Database Safety and Security Reporting Changes and Clarifications
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 15, 2022
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
This notice provides information on proposed changes and clarifications to the National Transit Database (NTD) Safety and Security (S&S) reporting requirements. Some of the proposed NTD changes would take place during the NTD report year (RY) 2023, which corresponds to an agency's fiscal year, while other changes will take place during calendar year (CY) 2023.
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<title>Federal Register, Volume 87 Issue 135 (Friday, July 15, 2022)</title>
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[Federal Register Volume 87, Number 135 (Friday, July 15, 2022)]
[Notices]
[Pages 42539-42543]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15167]
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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: Notice; request for comments.
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SUMMARY: This notice provides information on proposed changes and
clarifications to the National Transit Database (NTD) Safety and
Security (S&S) reporting requirements. Some of the proposed NTD changes
would take place during the NTD report year (RY) 2023, which
corresponds to an agency's fiscal year, while other changes will take
place during calendar year (CY) 2023.
DATES: Comments are due by September 13, 2022. The Federal Transit
Administration (FTA) will consider late comments to the extent
practicable.
ADDRESSES: You may file comments identified by docket number FTA-2022-
0020 by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the online instructions for submitting
comments.
<bullet> Mail: Send comments to Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building
Ground Floor, Room W12-140, Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave. SE, between 9:00 a.m. and 5:00 p.m. ET,
Monday through Friday, except Federal holidays.
<bullet> Fax: Fax comments to Docket Management Facility, U.S.
Department of Transportation, at (202) 493-2251.
Instructions: You must include the agency name (Federal Transit
Administration) and Docket Number (FTA-2022-0020) for this notice, at
the beginning of your comments. If sent by mail, submit two copies of
your comments.
Electronic Access and Filing: This document and all comments
received may be viewed online through the Federal eRulemaking portal at
<a href="http://www.regulations.gov">http://www.regulations.gov</a> or at the street address listed above.
Electronic submission, retrieval help, and guidelines are available on
the Federal eRulemaking portal website. The website is available 24
hours each day,
[[Page 42540]]
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 <a href="https://www.federalregister.gov">https://www.federalregister.gov</a>.
Privacy Act: Except as provided below, all comments received into
the docket will be made public in their entirety. The comments will be
searchable by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You should not include information in
your comment that you do not want to be made public. You may review
DOT's complete Privacy Act Statement in the Federal Register published
on April 11, 2000 (65 FR 19477) or at <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>.
FOR FURTHER INFORMATION CONTACT: Thomas Coleman, National Transit
Database Program Manager, FTA Office of Budget and Policy, (202) 366-
5333, <a href="/cdn-cgi/l/email-protection#52263a3d3f33217c313d3e373f333c12363d267c353d24"><span class="__cf_email__" data-cfemail="5b2f3334363a28753834373e363a351b3f342f753c342d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Background and Overview
B. Assaults on a Transit Worker
C. Fatalities That Result From an Impact With a Bus
A. Background and Overview
The National Transit Database (NTD) was established by Congress to
be the Nation's primary source for information and statistics on the
transit systems of the United States. Recipients and beneficiaries of
Federal Transit Administration (FTA) grants under either the Urbanized
Area Formula Program (49 U.S.C. 5307) or Rural Area Formula Program (49
U.S.C. 5311) are required by law to report to the NTD. FTA grantees
that own, operate, or manage transit capital assets are required to
provide more limited reports to the NTD regarding Transit Asset
Management.
Pursuant to 49 U.S.C. 5334(k), FTA is seeking public comment on
proposed NTD S&S reporting changes and clarifications. These proposals
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 is proposing changes and clarifications on
two topics: (1) assaults on a transit worker; and (2) fatalities that
result from an impact with a bus. FTA seeks comments on the proposed
changes and clarifications described below. The information below
describes anticipated reporting impacts from each change or
clarification, as well as the proposed effective date of each change.
All impacts or changes described below are proposed and subject to
finalization in a future notice.
B. Assaults on a Transit Worker
1. Definitions
The Bipartisan Infrastructure Law amended 49 U.S.C. 5335(c) to
require that recipients of a grant under Chapter 53 submit to the NTD
``any data on assaults on transit workers of the recipients.'' The
Bipartisan Infrastructure Law amended 49 U.S.C. 5302(1) to define
``assault on a transit worker:''
[A] circumstance in which an individual knowingly, without
lawful authority or permission, and with intent to endanger the
safety of any individual, or with a reckless disregard for the
safety of human life, interferes with, disables, or incapacitates a
transit worker while the transit worker is performing the duties of
the transit worker.
FTA will incorporate this definition into NTD reporting without
change. Because FTA is adopting the statutory language verbatim, FTA is
not seeking comment on the definition of ``assault on a transit
worker.'' FTA is proposing to define ``transit worker'' as: ``any
employee, contractor, or volunteer working on behalf of the transit
agency.''
To maintain consistency between this definition and the statutory
definition of ``assault on a transit worker,'' FTA proposes to amend
the definition of ``assault'' to: ``an attack by one person on another
without lawful authority or permission.'' This will represent a change
for the NTD program. Currently, the NTD Safety and Security Policy
Manual defines ``assault'' as an ``unlawful attack by one person upon
another'' for the ``Major Event Report'' (S&S-40) form.
2. Proposed Collections
Section 49 U.S.C. 5335(c) applies to ``each recipient of a grant''
under Chapter 53. Within this scope, FTA identified three different
affected reporting groups: (1) full reporters; (2) reduced, tribal, and
rural reporters; and (3) capital asset-only reporters. FTA proposes
different ways to collect this data, depending on the reporter type as
described below.
Full Reporters
FTA proposes that full reporters to the NTD report all assaults on
transit workers on either the S&S-40 or S&S-50 (``Non-Major Summary
Report'') forms. The S&S-40 captures safety and security ``major
event'' reports such as fatalities. The S&S-50 collects monthly counts
from full reporters related to `non-major' events. An assault on a
transit worker is already required to be reported on the S&S-40 form if
it meets one of the FTA's major event reporting thresholds listed in
the NTD safety and security manual.\1\
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\1\ <a href="https://www.transit.dot.gov/sites/fta.dot.gov/files/2022-02/2022%20Safety%20and%20Security%20Policy%20Manual%20Version%201.0_0.pdf">https://www.transit.dot.gov/sites/fta.dot.gov/files/2022-02/2022%20Safety%20and%20Security%20Policy%20Manual%20Version%201.0_0.pdf</a>.
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The S&S-40 form is detailed, requiring one unique report per event.
FTA proposes adding two new questions on the S&S-40 if the event is an
assault or a homicide. The first proposed question asks reporters to
identify whether assault or homicide events were against operators,
other transit workers, or someone else. If the first question indicates
an assault against an operator or other transit worker occurred, a
second proposed question asks whether the assault was physical or non-
physical, which are defined as follows:
<bullet> Physical Assault on a Transit Worker: An assault in which
the attack involves 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.
<bullet> Non-Physical Assault on a Transit Worker: 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 proposes to require that any assault on a transit worker that
is not reported on the S&S-40 must be reported on the S&S-50 form.
Currently, the S&S-50 does not identify which non-major events involved
assaults. FTA proposes to add a four-by-four matrix with sixteen fields
to the S&S-50 to collect counts related to assaults on a transit
worker. The matrix will ask for counts to be distinguished based on
whether the assaults were physical or non-physical, whether they were
assaults on operators or on other transit workers, and whether the
assaults occurred in a transit vehicle, a revenue facility, a non-
revenue facility, or some other location.
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The following table identifies the 16 proposed S&S-50 questions:
New S&S-50 Questions
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Provide a count of Provide a count of
Provide a count of Provide a count of non-major non-major non-
Location of event non-major non-major non- physical assaults physical assaults
physical assaults physical assaults on other transit on other transit
on operators on operators workers workers
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In transit vehicle..............
In revenue facility.............
In non-revenue facility.........
Other...........................
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FTA considered proposing an alternative reporting option for full
reporters where any assault on a transit worker would require an S&S-40
report. This alternative would have created an additional major event
reporting threshold for the S&S-40. Under this alternative, no assaults
on transit workers would be reportable on the S&S-50, even if no other
major event reporting threshold was met. FTA did not select this
alternative as FTA believes it would be substantially more burdensome
on agencies because the S&S-40 report requires one report per event,
while the S&S-50 requires only a monthly summary tally. FTA proposes
that reporting for transit worker assault data on the S&S-40 and S&S-50
begin in calendar year 2023 as soon as practicable following
publication of the Federal Register notice finalizing the NTD reporting
changes.
Reduced Reporters, Tribal Reporters, and Rural Reporters
FTA proposes that reduced, tribal, and rural reporters must begin
reporting assaults on transit workers on a new annual form (S&S-60).
Reduced and rural reporter types already report safety data on the RR-
20 form.
At present, the NTD asks three safety questions on the RR-20 form:
total fatalities from the prior year, total injuries from the prior
year, and total events from the prior year. FTA proposes to remove
these questions from the RR-20 form and transfer them to the new S&S-60
form. Additionally, FTA proposes asking these reporters to report
transit worker assault data using matrix format. Mock-ups of a matrix
for physical and non-physical assaults are shown below:
New S&S-60 Questions
[Physical assaults]
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Physical assaults Physical assaults
Physical assaults in revenue in non-revenue Physical assaults
in transit vehicle facility facility in other location
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Total Event Counts
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Major Safety and Security Events
Non-Major Events (non-injury)...
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Injury Counts
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Operator Injuries...............
Other Transit Worker Injuries...
Other Injuries..................
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Fatality Counts
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Operator Fatalities.............
Other Transit Worker Fatalities.
Other Fatalities................
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New S&S-60 Questions
[Non-physical assaults]
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Non-physical Non-physical Non-physical Non-physical
assaults in assaults in assaults in non- assaults in other
transit vehicle revenue facility revenue facility location
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Total Event Counts
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Major Safety and Security Events
Non-Major Events (non-injury)...
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Injury Counts
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Operator Injuries...............
Other Transit Worker Injuries...
Other Injuries..................
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Fatality Counts
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Operator Fatalities.............
Other Transit Worker Fatalities.
Other Fatalities................
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The proposed S&S-60 form will collect data that is similar to the
data captured from full reporters on both the S&S-40 and S&S-50 forms.
This would facilitate consistent data collection from all reporters.
The proposed S&S-60 questions are intended to provide annual counts of
where transit worker assaults occurred, whether assaults were against
operators or other transit workers, whether the assaults were physical
or non-physical, whether the events were major or non-major (consistent
with the S&S-40 and S&S-50 definitions), and counts of affected person-
type(s). FTA proposes that reporting for transit worker assault data on
the S&S-60 begin in RY 2023.
FTA considered two alternative reporting options for reduced,
tribal, and rural reporters. FTA considered an option that would
require an S&S-40 report for any assault on a transit worker. FTA did
not select this approach as it FTA believes it would be substantially
more burdensome on agencies as the S&S-40 report requires one report
per event, while the S&S-60 is a monthly summary tally.
FTA also considered an option where the S&S-60 would only ask for a
total tally of all annual transit worker assaults as opposed to the
counts of transit worker assaults by location, major vs. non-major
assault, etc. FTA did not select this proposal as it would not make the
data useful to understand risk trends. For instance, risk trends change
by location--transit worker assaults rates may be higher in revenue
vehicles as opposed to in revenue facilities, and understanding this
data is critical to identifying potential mitigations. Thus, it was
determined collecting only a total tally of all annual transit worker
assaults would not provide useful data.
Capital Asset-Only Reporters
FTA proposes that capital asset-only reporters must begin reporting
assaults on transit workers on a new annual form (S&S-60). The S&S-60
is shown above, and asks for annual counts of transit worker assaults
across two different matrixes. FTA considered, but did not select, two
alternative reporting options for capital asset-only reporters. The
first alternative would have required these reporters to report any
assault on a transit worker on the S&S-40 form. FTA did not select this
approach as it was determined it would be substantially more burdensome
on agencies as the S&S-40 report requires one report per event, while
the S&S-60 is a monthly summary tally.
FTA also considered an option where the S&S-60 would ask for a
single total tally of all transit worker assaults as opposed to
collecting the counts of transit worker assaults by location, major vs.
non-major assault, etc. FTA did not select this proposal as it would
not make the data useful to understand risk trends. For instance, risk
trends change by location--transit worker assaults rates may be higher
in revenue vehicles as opposed to in revenue facilities, and
understanding this data is critical to identifying potential
mitigations. Thus, it was determined collecting only a total tally of
all annual transit worker assaults would not provide useful data.
C. Fatalities That Result From an Impact With a Bus
The Bipartisan Infrastructure Law also amended 49 U.S.C. 5335(c) to
require ``each recipient of a grant'' under Chapter 53 to report ``any
data on fatalities that result from an impact with a bus.'' Within this
scope, FTA identified three different affected reporting groups: (1)
full reporters; (2) reduced, tribal, and rural reporters; and (3)
capital asset-only reporters. FTA proposes different ways to collect
this data, depending on the reporter type as described below.
Full Reporters
Full NTD reporters already report all fatalities that result from
an impact with a bus to the NTD because all events that result in a
fatality, including those from an impact (or ``collision'') with a bus,
must be reported on the S&S-40 form.\2\ Nevertheless, FTA welcomes
comments on whether the Bipartisan Infrastructure Law otherwise affects
reporting for full reporters.
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\2\ The NTD Safety and Security Policy Manual also defines
collision as ``an accident in which there is an impact of a transit
vehicle or vessel with another vehicle or object.''
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Reduced Reporters, Tribal Reporters, and Rural Reporters
Because 49 U.S.C. 5335(c) applies to all Chapter 53 recipients, FTA
proposes to collect bus fatality collision data from rural, reduced,
and tribal reporters on the new S&S-60 form. The RR-20 form currently
collects summary annual fatality data from these reporters. However,
the form combines fatality counts of all types, making fatalities that
result from an impact with a bus indistinguishable from other
fatalities. The RR-20 also does not distinguish major events from non-
major events.
As discussed above, FTA is proposing to remove the safety-related
questions from the RR-20 form and add them to the new S&S-60 form. FTA
is proposing to add eleven questions on a matrix in the S&S-60. The
proposed form will delineate collisions with pedestrians and vehicles,
as well as major from non-major events. FTA proposes that these changes
take effect in RY 2023. The proposed matrix is shown below:
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Event type Major events Fatalities Injuries
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Collisions with Pedestrian(s)........
Collisions with Vehicle(s)...........
Collisions with Other (e.g., animal,
manhole, shopping cart, etc.).
Other Major Events...................
Total reportable injuries from non- Not Applicable. Not Applicable.
major events.
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FTA also considered an alternative reporting option for reduced,
tribal, and rural reporters where all fatalities that result from an
impact with a bus would require an S&S-40 report. FTA did not select
this approach as FTA believes it would be substantially more burdensome
on agencies as the S&S-40 report requires a report per event, while the
S&S-60 is a monthly summary tally.
Capital Asset-Only Reporters
FTA proposes that capital asset-only reporters must begin reporting
data on fatalities that result from an impact with a bus on a new
annual form (S&S-60). The S&S-60, which will replace the major event,
fatality, and injury questions on the RR-20, currently does not apply
to capital asset-only reporters. The relevant section of the S&S-60 is
shown above, and asks for counts of major events, fatalities, and
injuries.
FTA also considered an alternative reporting option for capital
asset-only reporters where any fatality that resulted from an impact
with a bus would require an S&S-40 report. FTA did not select this
approach as FTA believes it would be substantially more burdensome on
agencies as the S&S-40 report requires a report per event, while the
S&S-60 is a monthly summary tally.
Nuria I. Fernandez,
Administrator.
[FR Doc. 2022-15167 Filed 7-14-22; 8:45 am]
BILLING CODE P
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