[Federal Register: August 12, 2008 (Volume 73, Number 156)]
[Notices]
[Page 46975-46977]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au08-103]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No: FTA-2008-0009]
National Transit Database: Policy on Reporting of Coordinated
Human Services Transportation Data
AGENCY: Federal Transit Administration (FTA), DOT.
[[Page 46976]]
ACTION: Notice of Proposed New Policy on Reporting of Coordinated Human
Services Transportation Data to the National Transit Database.
-----------------------------------------------------------------------
SUMMARY: This notice provides interested parties with the opportunity
to comment on changes to the Federal Transit Administration's (FTA)
National Transit Database (NTD) policy on the reporting of coordinated
human services transportation data. For many years, it has been FTA's
policy to require transit agencies reporting demand response service to
the NTD to exclude service data for certain sponsored trips from their
reports. These trips were typically arranged and paid for by a third
party for a specific group of clients (such as participants in programs
like Medicaid, Head Start, sheltered workshops, or assisted living
centers), and were often not open to the general public at large. Data
for these trips were thus excluded from the calculation of the
apportionment of Urbanized Area Formula Grants. In light of FTA's
policies and guidance on Coordinated Human Services Transportation, FTA
is proposing to clarify this policy for the 2008 NTD Report Year to
specify that transit agencies are to report data for all of their
demand response service as public transportation, except for those
services that are defined as charter service under FTA's recently
revised charter rule (49 CFR Part 604, 73 FR 2326, January 14, 2008).
FTA also proposes to require transit agencies in urbanized areas to
separately report their ``regular unlinked passenger trips'' and their
``sponsored demand response unlinked passenger trips'' for demand
response service. FTA invites the public to comment on this proposed
policy change.
DATES: Comments must be received on or before September 11, 2008. FTA
will consider comments filed after this date to the extent practicable.
ADDRESSES: You may submit comments [identified by DOT Docket ID Number
FTA-2008-0009] at the Federal eRulemaking Portal at: http://
www.regulations.gov. Follow the online instructions for submitting
comments.
Fax: 202-493-2251.
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: U.S. Department of Transportation, 1200
New Jersey Ave., SE., West Building Ground Floor, Room W12-140,
Washington, DC 20590-0001 between 9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
Instructions: When submitting comments, you must use docket number
FTA-2008-0009. This will ensure that your comment is placed in the
correct docket. If you submit comments by mail, you should submit two
copies and include the above docket number.
Note that all comments received will be posted, without change, to
Note that all comments received will be posted, without change, to
http://www.regulations.gov including any personal identifying
information.
FOR FURTHER INFORMATION CONTACT: For program issues, John D. Giorgis,
Office of Budget and Policy, (202) 366-5430 (telephone); (202) 366-7989
(fax); or john.giorgis@dot.gov (e-mail). For legal issues, Richard
Wong, Office of the Chief Counsel, (202) 366-0675 (telephone); (202)
366-3809 (fax); or richard.wong@dot.gov (e-mail).
SUPPLEMENTARY INFORMATION:
I. Background
The National Transit Database (NTD) is the Federal Transit
Administration's (FTA's) primary database for statistics on the transit
industry. Congress established the NTD to ``help meet the needs of * *
* the public for information on which to base public transportation
service planning. * * *'' (49 U.S.C. 5335). Currently, over 650 transit
providers in urbanized areas report to the NTD through an Internet-
based reporting system. Each year, performance data from these
submissions are used to apportion over $5 billion of FTA funds under
the Urbanized Area Formula Grants and the Fixed Guideway Modernization
Grants Programs. These data are also used in the annual National
Transit Summaries and Trends report, the biennial Conditions and
Performance Report to Congress, and in meeting FTA's obligations under
the Government Performance and Results Act.
II. Proposed Policy Change
For many years, it has been FTA's policy to require transit
providers reporting demand response service to the NTD to exclude
certain trips that were sponsored by a third party from their reports.
A ``trip sponsor'' refers to a third party that reimbursed the transit
provider in whole or in part for the trip, and in many cases, handled
all or part of the trip arrangements. These trips were typically
arranged and paid for by some third party for a specific group of
clients (such as participants in programs like Medicaid, Head Start,
sheltered workshops, or assisted living centers), and were often not
open to the general public at large. Data for these trips were thus
excluded from the calculation of the apportionment of Urbanized Area
Formula Grants.
FTA proposes to clarify this policy in light of FTA's policy and
guidance on Coordinated Human Services Transportation, and in light of
PTA's recently revised charter rule (49 CFR Part 604, 73 FR 2326,
January 14, 2008). FTA proposes in this notice that transit providers
reporting to the NTD for the 2008 NTD Report Year, should report all of
their demand response services to individuals as public transportation
services, regardless of whether the trip was sponsored in whole or in
part by a third party. Trips that meet the definition of charter
service at 49 CFR 604.3(c) must be reported on a quarterly basis on the
charter registration Web site, as required by the charter rule, and
data for these trips should not be reported as revenue service to the
NTD.
A key component of FTA's charter rule is the concept of
``exclusivity.'' Charter service is defined, in part, as
``transportation provided * * *, at the request of a third party for
the exclusive use of a bus or van at a negotiated price,'' with the
caveat that ``charter service * * * does not include demand response
service to individuals.'' Transit providers reporting to the NTD may
distinguish their demand response services, particularly their
sponsored demand response service, from charter service a number of
ways: (1) Charter service is exclusive, whereas demand response service
is shared-ride. If the transit provider may mix passengers from a trip
sponsor with other demand response passengers on the same trip, then
the trip is on shared-ride service, and service data for that trip
should be reported to the NTD as public transportation. (2) Charter
service is service to a group, whereas demand response service is
service to individuals. Service to individuals can be identified by a
vehicle trip that includes multiple origins, multiple destinations, or
both, even when the clients have exclusive use of the vehicle. Some
demand response sponsored trips carried out as part of a Coordinated
Human Services Transportation Plan, such as trips for Head Start,
assisted living centers, or sheltered workshops, may be provided on an
exclusive basis, but are provided to service multiple origins to a
single destination, a single origin to multiple destinations, or even
multiple origins to multiple destinations. Transit providers should
report service data for these trips to the NTD as public
transportation. (3) Charter service is for a specific event or
[[Page 46977]]
function, whereas demand response service is regular and continuing.
Some demand response sponsored trips carried out as part of a
Coordinated Human Services Transportation Plan may be exclusive, and
may be for a group from a single origin to a single destination, but
may occur on a frequently reoccurring basis, such as daily, weekly,
biweekly, or monthly. Transit providers should report service data for
these trips to the NTD as public transportation. Demand response
service that is exclusive, from a single origin to a single
destination, and that reoccurs on a less-frequent basis that once per
month should be considered to be charter service. Transit providers
should report these services to the charter registration Web site.
Transit providers reporting to the NTD must specifically exclude
from their reports on revenue service any service that meets the
definition of ``charter service'' under the charter rule, and thus,
must be reported to the charter registration Web site. This exclusion
includes charter service legally provided to a Qualified Human Services
Organization (QHSO), as provided for by the charter rule.
To implement this policy, FTA proposes to require transit providers
reporting to the NTD to report their regular unlinked passenger trips
and their sponsored unlinked passenger trips separately for demand
response service. Reporters would not have to make this distinction for
any other modes of service. Regular unlinked passenger trips would
refer to those demand response trips that are arranged and paid for by
individuals, even when those individuals pay the fare with user-side
subsidies, such as coupons or passes provided a QHSO. Regular unlinked
passenger trips would include all demand response trips provided
pursuant to the requirements of the Americans with Disabilities Act of
1990. Sponsored unlinked passenger trips would include all trips where
the transit provider is directly reimbursed in whole or in part by some
third party that has helped arrange for the trips. This distinction
would make reporting of these services for urbanized area transit
agencies consistent with the reporting of these services for transit
agencies in rural areas. Since this proposal is being announced late in
the 2008 Report Year, FTA will grant a waiver from reporting separately
regular and sponsored unlinked passenger trips for the 2008 Report Year
to any NTD Reporter that requests such a waiver.
Issued in Washington, DC, this 1st day of August 2008.
James S. Simpson,
Administrator.
[FR Doc. E8-18388 Filed 8-11-08; 8:45 am]
BILLING CODE 4910-57-M