Notice2023-03789

National Transit Database Safety and Security Reporting Changes and Clarifications

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Published
February 23, 2023

Issuing agencies

Transportation DepartmentFederal Transit Administration

Abstract

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.

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<title>Federal Register, Volume 88 Issue 36 (Thursday, February 23, 2023)</title>
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[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Notices]
[Pages 11506-11510]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03789]


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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: Final notice; response to comments.

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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, 
<a href="/cdn-cgi/l/email-protection#98ecf0f7f5f9ebb6fbf7f4fdf5f9f6d8fcf7ecb6fff7ee"><span class="__cf_email__" data-cfemail="b8ccd0d7d5d9cb96dbd7d4ddd5d9d6f8dcd7cc96dfd7ce">[email&#160;protected]</span></a>.

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: <a href="https://data.transportation.gov/Public-Transit/Major-Safety-Events/9ivb-8ae9">https://data.transportation.gov/Public-Transit/Major-Safety-Events/9ivb-8ae9</a>.
    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 <a href="https://transit.dot.gov/ntd">https://transit.dot.gov/ntd</a> 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 <a href="https://www.transit.dot.gov/regulations-and-programs/safety/enhanced-transit-safety-and-crime-prevention-initiative">https://www.transit.dot.gov/regulations-and-programs/safety/enhanced-transit-safety-and-crime-prevention-initiative</a>.
    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:
<bullet> ``The type of incident that occurred (i.e. a physical attack, 
verbal harassment, a threat of violence, an incidence of spitting, 
etc.)
<bullet> If the assailant used a weapon, what type of weapon it was
<bullet> The time of day at which the assault occurred
<bullet> The location of the assault
<bullet> Whether there was a response from law enforcement and, if so, 
from what agency or agencies
<bullet> 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]
BILLING CODE 4910-57-P


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