Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Proposed Rules 14061 

The Commission’s contractor will 

receive hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary at 236 

Massachusetts Avenue, NE., Suite 110, 

Washington, DC 20002. The filing hours 

at this location are 8 a.m. to 7 p.m. All 

hand deliveries must be held together 

with rubber bands or fasteners. Any 

envelopes must be disposed of before 

entering the building. 

Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9300 

East Hampton Drive, Capitol Heights, 

MD 20743. U.S. Postal Service first-class 

mail, Express Mail, and Priority Mail 

should be addressed to 445 12th Street, 

SW., Washington, DC 20554. 

All filings must be addressed to the 

Commission’s Secretary, Marlene H. 

Dortch, Office of the Secretary, Federal 

Communications Commission, 445 12th 

Street, SW., Washington, DC 20554. 

Parties should also send a copy of their 

filings to Randy Clarke, Pricing Policy 

Division, Wireline Competition Bureau, 

Federal Communications Commission, 

Room 5–A266, 445 12th Street, SW., 

Washington, DC 20554, or by e-mail to 

Randy.Clarke@fcc.gov. Parties shall also 

serve one copy with the Commission’s 

copy contractor, Best Copy and Printing, 

Inc. (BCPI), Portals II, 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554, (202) 488–5300, or via e-mail to 

fcc@bcpiweb.com. 

Documents in CC Docket No. 01–92 

will be available for public inspection 

and copying during business hours at 

the FCC Reference Information Center, 

Portals II, 445 12th St, SW., Room CY–

A257, Washington, DC 20554. The 

documents may also be purchased from 

BCPI, telephone (202) 488–5300, 

facsimile (202) 488–5563, TTY (202) 

488–5562, e-mail fcc@bcpiweb.com. 

To request materials in accessible 

formats for people with disabilities 

(braille, large print, electronic files, 

audio format), send an e-mail to 

fcc504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202–

418–0530 (voice), 202–418–0432 (tty). 

This matter shall be treated as a 

‘‘permit-but-disclose’’ proceeding in 

accordance with the Commission’s ex 

parte rules. 47 CFR 1.1200 et seq. 

Persons making oral ex parte 

presentations are reminded that 

memoranda summarizing the 

presentations must contain summaries 

of the substance of the presentations 

and not merely a listing of the subjects 

discussed. More than a one-or twosentence description of the views and 

arguments presented generally is 

required. 47 CFR 1.1206(b)(2). Other 

requirements pertaining to oral and 

written presentations are set forth in 

§ 1.1206(b) of the Commission’s rules. 

47 CFR 1.1206(b). 

Authority: 47 U.S.C. 152, 153, 154, 155. 

Federal Communications Commission. 

Kirk S. Burgee, 

Chief of Staff, Wireline Competition Bureau. 

[FR Doc. E7–5455 Filed 3–23–07; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

49 CFR Part 630 

[Docket No: FTA–2007–27319] 

RIN 2132–AA94 

National Transit Database: Amendment 

To Reporting Requirements and NonSubstantive Technical Changes 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This notice of proposed 

rulemaking (NPRM) provides interested 

parties with the opportunity to 

comment on proposed changes to the 

Federal Transit Administration’s (FTA) 

National Transit Database (NTD) 

Uniform System of Accounts and 

Reporting System. The proposed 

changes will require recipients of 

formula grants for other than urbanized 

areas (Nonurbanized Area Formula 

Grants) to report annual transit data to 

the NTD. As mandated by the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU), this proposed 

rule will also require the annual 

reporting of rural transit data as a 

condition for receiving grant awards 

under the Nonurbanized Area Formula 

Program. 

Currently, FTA requires recipients of 

FTA Urbanized Area Formula Grants to 

provide an annual report to the 

Secretary of Transportation via the NTD 

using a uniform system of accounts and 

reporting system. This proposed rule 

will not affect existing mandatory 

reporting requirements for recipients of 

Urbanized Area Formula grants. 

In addition, this proposed rule makes 

non-substantive changes, technical 

corrections, and conforming 

amendments to 49 CFR part 630, 

‘‘Uniform System of Accounts and 

Reporting System.’’ Technical 

corrections and conforming 

amendments are needed to update the 

regulation and make certain provisions 

clearer. These changes will have no 

substantive effect on the regulated 

public. 

DATES: Comments must be received on 

or before April 25, 2007. Late filed 

comments will be considered to the 

extent practicable. 

ADDRESSES: You may submit comments 

by any of the following methods: 

Federal Rulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Web site: http://dms.dot.gov. Follow 

the instructions for submitting 

comments on the DOT electronic docket 

site. 

Fax: 202–493–2251. 

Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

PL–401, Washington, DC 20590–0001. 

Hand Delivery: Room PL–401 on the 

plaza level of the Nassif Building, 400 

Seventh Street, SW., Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Instructions: When submitting 

comments electronically to the 

Department’s Docket Management 

System (DMS) Web site located at 

http://dms.dot.gov, you must use docket 

number 27319. 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 http:// 

dms.dot.gov including any personal 

identifying information. This means that 

if your comment includes any personal 

identifying information, such 

information will be made available to 

users of DMS. You may review the 

Department’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477) or you may visit http:// 

dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: For 

program issues, Nancy Ody, Office of 

Budget and Policy, (202) 366–0177 

(telephone); (202) 366–7989 (fax); or 

nancy.ody@dot.gov (e-mail). For legal 

issues, Shauna Coleman, Office of the 

Chief Counsel, (202) 366–4011 

(telephone); (202) 366–3809 (fax); or 

shauna.coleman@dot.gov (e-mail). 

SUPPLEMENTARY INFORMATION: 

I. Background 

The National Transit Database (NTD) 

is the Federal Transit Administration’s 

(FTA) primary national database for 

statistics on the transit industry. Section 

3033 of the Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA–LU) [Pub. 


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14062 Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Proposed Rules 

L. 109–59 (August 10, 2005)] amended 

the National Transit Database provisions 

under 49 U.S.C. 5335 to establish 

annual reporting requirements for 

grantees under 49 U.S.C. 5311, Formula 

grants for other than urbanized areas 

(Nonurbanized Area Formula Grants), 

while maintaining existing NTD annual 

reporting requirements for grantees 

under 49 U.S.C. 5307, Urbanized Area 

Formula grants. This rule proposes to 

revise 49 CFR part 630, the Uniform 

System of Accounts and Reporting 

System, to conform with 49 U.S.C. 5335, 

as amended by section 3033 of 

SAFETEA–LU. 

Section 3013(b) of SAFETEA–LU 

amended 49 U.S.C. 5311(b)(4) to require 

that each grant recipient receiving 

Nonurbanized Area Formula Program 

Grants submit an annual report 

containing information on capital 

investment, operations, and service 

provided with grant funds from this 

program. The information contained in 

the report must include the following: 

total annual revenue; sources of 

revenue; total annual operating costs; 

total annual capital costs; fleet size and 

type, and related facilities; revenue 

vehicle miles; and ridership. Section 

5335(b) now requires that each recipient 

of assistance of Section 5311 funds, or 

any person that will receive benefits 

directly from these funds, be subject to 

these reporting requirements. The 

mandatory reporting criteria will assist 

FTA to understand the effectiveness of 

Nonurbanized Area Formula Grants in 

improving rural public transportation. 

These data are similar to those already 

collected by FTA for recipients of 

Urbanized Area Formula Grants 

(Section 5307) but are streamlined for 

rural recipients. Section 5335(b) 

continues to require reporting from 

recipients and beneficiaries of 

assistance under Section 5307. 

On November 30, 2005, FTA 

published in the Federal Register (70 

FR 71950, November 30, 2005) the 

procedures and start dates for 

mandatory annual reporting that State 

departments of transportation must 

follow when submitting rural transit 

data to FTA. These rural transit data 

reporting procedures and the mandatory 

reporting dates remain in effect for 

Fiscal Year (FY) 2007. The 2006 NTD 

Rural Data Reporting Manual and 

reporting instructions can be reviewed 

on the NTD Web site, http:// 

www.ntdprogram.gov. FTA updates the 

Reporting Manual annually and based 

the 2006 Reporting Manual on a 

voluntary model developed in 

coordination with State departments of 

transportation. FTA is currently revising 

the 2007 Reporting Manual, in 

consultation with the State departments 

of transportation, to reflect States’

experiences in using the voluntary rural 

reporting module in 2006, and to 

incorporate additional data points 

required in SAFETEA–LU. FTA will 

propose changes to the reporting 

requirements in the Federal Register for 

notice and comment in the spring of 

2007. 

As previously stated, the information 

requested from recipients and 

beneficiaries of Nonurbanized Area 

Formula Grants is similar to data 

collected by FTA for Urbanized Area 

Formula Grants. Section 5335(a) 

authorizes FTA to request and receive 

appropriate information from any 

source to include in its reporting 

requirements for recipients of Urbanized 

Area Formula Grants and Nonurbanized 

Area Formula Grants. As stated in the 

Conference Report accompanying 

SAFETEA–LU, Congress expected that 

the data collection requirements for 

NTD would be ‘‘tailored to the smaller 

size of the typical public transportation 

system in rural areas, while still 

providing enough information to judge 

the condition and performance of our 

Nation’s network of rural public 

transportation systems.’’ (H.R. Rep. No. 

109–203, at 943 (2005) (Conf. Rep.). 

FTA seeks to follow Congressional 

direction in our rural data collection 

efforts. 

FTA recognizes that many recipients 

and beneficiaries of Section 5311 

program funds believe that the newlyenacted reporting requirements are 

onerous. To address these concerns, 

FTA would like to offer an explanation 

as to why these reporting requirements 

are requested and how they will be used 

regarding current and future funding of 

rural public transportation. First, 

SAFETEA–LU significantly increases 

the annual apportionment amounts for 

the Nonurbanized Area Formula Grant 

program beyond TEA–21 enacted 

funding levels. In order to determine the 

effectiveness of program apportionment 

increases, FTA will use the information 

on rural public transportation programs 

to gauge how the increased 

apportionments affect recipients and 

beneficiaries of Section 5311 grants. 

Second, the collection of reporting data 

for this program will help FTA measure 

progress in addressing rural public 

transportation service needs. Only 

limited information on rural public 

transportation needs currently exists, 

and it cannot be used to analyze trends 

over time. The information required by 

Section 5311(b)(4) will allow FTA to 

better assess the needs of rural transit 

services. These data will be used to 

identify the sources of revenue used by 

rural transit providers, how they are 

being expended, the services that they 

are providing and the performance of 

these services in providing rural 

transportation. 

FTA is accepting comments on 

substantive amendments that would 

implement the annual reporting 

requirements for Nonurbanized Area 

Formula grant recipients and 

beneficiaries. The proposed rule also 

contains technical corrections and 

conforming amendments, such as 

changes to the statutory references. 

Pursuant to 5 U.S.C. 553(b)(3)(A), such 

changes are ‘‘interpretative’’ in nature 

and, as such, FTA is not required to 

accept or consider comments on them. 

Therefore, the public should refrain 

from commenting on these 

interpretative changes to 49 CFR part 

630. 

Regulatory Process Matters 

Executive Order 12866 

Executive Order 12866 requires 

agencies to regulate in the ‘‘most costeffective manner,’’ to make a ‘‘reasoned 

determination that the benefits of the 

intended regulation justify its costs,’’

and to develop regulations that ‘‘impose 

the least burden on society.’’ This 

proposed rule would amend the NTD 

reporting and recordkeeping 

requirements to require recipients of 

Nonurbanized Area Formula Grants to 

report annual transit data to the NTD 

following previously established 

guidelines for a voluntary State-based 

rural data module developed in 

consultation with State departments of 

transportation. 

FTA has preliminarily determined 

that this action is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, and anticipates 

that the direct economic impact of this 

rulemaking would be minimal. Section 

5335, as amended by SAFETEA–LU, 

mandates the additional requirement 

that recipients and beneficiaries of 

Nonurbanized Area Formula Grants 

report annual transit data to the NTD. 

FTA considers this proposal as a way to 

clarify existing regulatory requirements, 

and believes that the proposed changes 

would not adversely affect, in any 

material way, any sector of the 

economy. In addition, the proposed 

changes would not interfere with any 

action taken or planned by another 

agency and would not materially alter 

the budgetary impact of any 

entitlements, grants, user fees, or loan 

programs. 


cprice-sewell on PROD1PC66 with PROPOSALS
Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Proposed Rules 14063 

Executive Order 13132 

Executive Order 13132 requires 

agencies to assure meaningful and 

timely input by State and local officials 

in the development of regulatory 

policies that may have a substantial, 

direct effect on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. FTA has analyzed 

this proposed action in accordance with 

the principles and criteria contained in 

Executive Order 13132, and FTA has 

determined that this proposed action 

would not have sufficient implications 

to warrant the preparation of a 

federalism assessment. FTA has also 

determined that this proposed action 

would not preempt any State law or 

State regulation or affect States’ abilities 

to discharge traditional government 

functions. FTA invites State and local 

governments with an interest in this 

rulemaking to comment on the effect 

that adoption of specific proposals may 

have on State or local governments. 

Executive Order 13175 

Executive Order 13175 requires 

agencies to assure meaningful and 

timely input from Indian tribal 

government representatives in the 

development of rules that significantly 

or uniquely affect Indian communities 

and that impose ‘‘substantial and direct 

compliance costs’’ on such 

communities. This proposed rule would 

require tribes that are recipients to 

report to the NTD. In addition, this 

proposed rule would require tribes that 

are subrecipients to report NTD data to 

the State. However, FTA has analyzed 

this proposed rule under Executive 

Order 13175 and believes that the 

proposed action would not have 

substantial direct effects on one or more 

Indian tribes; would not impose 

substantial direct compliance costs on 

Indian tribal governments; and would 

not preempt tribal laws. Therefore, a 

tribal impact statement is not required. 

We invite Indian tribal governments to 

provide comments on the effect that 

adoption of specific proposals may have 

on Indian communities. 

Regulatory Flexibility Act 

Under the Regulatory Flexibility Act 

of 1980 (5 U.S.C. 601 et seq.), FTA must 

consider whether a proposed rule would 

have a significant economic impact on 

a substantial number of small entities. 

‘‘Small entities’’ include small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations under 50,000. If your 

business or organization is a small 

entity, and if adoption of proposals 

contained in this notice could have a 

significant economic impact on your 

operations, please submit a comment to 

explain how and to what extent your 

business or organization could be 

affected. 

Paperwork Reduction Act 

Under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.) (Pub. L. 104–13, 109 Stat. 

163), FTA may not conduct or sponsor, 

and a person is not required to respond 

to or may not be penalized for failing to 

comply with, a collection of information 

unless it displays a currently valid 

Office of Management and Budget 

(OMB) control number. 

FTA paperwork collection number 

2132–0008 covers the information 

collection requirements of this proposed 

rule. OMB approved an extension 

without change of the collection 

number. The new expiration date of this 

collection number is August 31, 2008. 

Unfunded Mandates Assessment 

This proposed rule would not impose 

unfunded mandates as defined by the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4, 109 Stat. 48). This 

proposed rule will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $128.1 million or more 

in any one year (2 U.S.C. 1532). Further, 

in compliance with the Unfunded 

Mandates Reform Act of 1995, FTA will 

evaluate any regulatory action that 

might be proposed in subsequent stages 

of the proceeding to assess the effects on 

State, local, and tribal governments and 

the private sector. 

National Environmental Policy Act 

The National Environmental Policy 

Act of 1969, (42 U.S.C. 4321–4347), 

requires Federal agencies to consider 

the consequences of major Federal 

actions and prepare a detailed statement 

on actions significantly affecting the 

quality of the human environment. The 

proposed action would not have any 

effect on the quality of the environment 

under the National Environmental 

Policy Act of 1969. 

Privacy Act 

Anyone is able to search the 

electronic form for all comments 

received into any of our dockets by the 

name of the individual submitting the 

comments (or signing the comment, if 

submitted on behalf of an association, 

business, or labor union). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477), or you may visit http:// 

dms.dot.gov. 

List of Subjects in 49 CFR Part 630 

Accounting, Uniform System of 

Accounts. 

For the reasons discussed in the 

preamble, the Federal Transit 

Administration proposes to revise 49 

CFR Part 630 as follows: 

PART 630—REPORTING AND 

RECORDKEEPING REQUIREMENTS 

Subpart A—General 

Sec. 

630.1 Purpose. 

630.2 Scope. 

630.3 Definitions. 

630.4 Requirements. 

630.5 Failure to report data. 

630.6 Late and incomplete reports. 

630.7 Failure to respond to questions. 

630.8 Questionable data items. 

630.9 Notice of FTA action. 

630.10 Waiver of reporting requirements. 

630.11 Data adjustments. 

630.12 Display of OMB control numbers. 

Appendix A—Overview and Explanation of 

the FTA National Transit Database 

Uniform System of Accounts and 

Reporting System 

Authority: 49 U.S.C. 5301–5340 and 49 

CFR 1.51. 

§ 630.1 Purpose. 

The purpose of this part is to 

prescribe requirements and procedures 

necessary for compliance with the 

National Transit Database Uniform 

System of Accounts and Reporting 

System mandated by 49 U.S.C. 5335, 

and to set forth the procedures for 

addressing a reporting agency’s failure 

to comply with these requirements. 

§ 630.2 Scope. 

This part applies to all applicants and 

any person that receives benefits 

directly from a grant under 49 U.S.C. 

5307 or 5311. 

§ 630.3 Definitions. 

(a) Except as otherwise provided, 

terms defined in 49 U.S.C. 5301 et seq. 

are used in this part as so defined. 

(b) Terms defined in the current 

edition of the National Transit Database 

Uniform System of Accounts and the 

annual Reporting Manual are used in 

this part as so defined. 

(c) For purposes of this part: 

Administrator means the Federal 

Transit Administrator or the 

Administrator’s designee. 

Applicant means an applicant for 

assistance under 49 U.S.C. 5307 or 5311. 


cprice-sewell on PROD1PC66 with PROPOSALS
14064 Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Proposed Rules 

Assistance means Federal financial 

assistance for the acquisition, 

construction, or operation of public 

transportation services. 

Beneficiary means any organization 

operating and delivering transit services 

that receives benefits from assistance 

under 49 U.S.C. 5307 or 5311. 

Chief Executive Officer (CEO) means 

the principal executive in charge of and 

responsible for the reporting agency. 

Current edition of the National Transit 

Database Uniform Systems of Accounts 

and the Reporting Manual means the 

most recently issued edition of the 

reference documents. 

Days mean calendar days. 

Public Transportation Agency or 

transit agency means an agency 

authorized to transport people by bus, 

rail, or other conveyance, either 

publicly or privately owned, and which 

provides to the public general or special 

service (but not including school, 

charter, sightseeing service or intercity 

bus transportation or intercity rail 

transportation provided by the entity 

described in 41 U.S.C. Chapter 243 (or 

a successor to that entity) on a regular 

and continuing, scheduled or 

unscheduled basis. Transit agencies are 

classified according to the mode of 

transit service operated. A multi-mode 

transit agency operates two or more 

modes, which are defined in the current 

editions of the National Transit 

Database Uniform System of Accounts 

and the Reporting Manual. 

Reference Document(s) means the 

current editions of the National Transit 

Database Uniform System of Accounts 

and the Reporting Manual. These 

documents are subject to periodic 

revision. Beneficiaries and applicants 

are responsible for using the current 

editions of the reference documents. 

Reporting agency means the agency 

required to submit a report under 49 

U.S.C. 5335. 

§ 630.4 Requirements. 

(a) National Transit Database 

Uniform System of Accounts. Each 

applicant for and beneficiary of Federal 

financial assistance under 49 U.S.C. 

5307 or 5311 must comply with the 

applicable requirements of 49 U.S.C. 

5335, as set forth in the current edition 

of the ‘‘National Transit Database 

Uniform System of Accounts’’; the 

‘‘Reporting Manual’’; Circulars; and 

other reference documentation. 

(b) Reporting system. Each applicant 

for, and beneficiary of, Federal financial 

assistance under 49 U.S.C. 5307 or 5311 

must comply with the applicable 

requirements of 49 U.S.C. 5335, as set 

forth in the current edition of the 

‘‘National Transit Database Uniform 

System of Accounts’’; the ‘‘Reporting 

Manual’’; Circulars; and other reference 

documentation. 

(c) Copies. Copies of reference 

documents are available from the 

National Transit Database Web site 

located at http://www.ntdprogram.gov. 

These reference documents are subject 

to periodic revision. Revisions of 

reference documents will be posted on 

the National Transit Database Web site 

and a notice of any significant changes 

in these reference documents will be 

published in the Federal Register. On 

an annual basis, FTA will mail reporters 

a CD containing a copy of the most 

recent version of the Reporting Manual 

along with copies of other NTD data 

publications. 

§ 630.5 Failure to report data. 

Failure to report data in accordance 

with this part will result in the reporting 

agency being ineligible to receive any 

section 5307 or 5311 grants directly or 

indirectly (e.g., a public agency 

receiving FTA funds through another 

public agency rather than directly from 

FTA). This ineligibility applies to all 

reporting agencies without regard to the 

size of the urbanized area served by the 

reporting agency. 

§ 630.6 Late and incomplete reports. 

(a) Late reports. Each reporting agency 

shall ensure that its report is received by 

FTA on due dates prescribed in the 

annual Reporting Manual. A reporting 

agency may request an extension of 30 

days after the due date. FTA will treat 

a failure to submit the required report 

by the due date as failure to report data 

under § 630.5. 

(b) Incomplete reports. FTA will treat 

any report or submission that does not 

contain all the necessary reporting 

forms, data, or certifications for services 

directly operated by the reporting 

agency in substantial conformance with 

the definitions, procedures, and format 

requirements set out in the National 

Transit Database Uniform System of 

Accounts and Reporting System as 

failure to report data under § 630.5. FTA 

will treat the submission of a report 

with incomplete data or missing forms 

for services provided under contract to 

the reporting agency by private or 

public carriers as failure to report data 

under § 630.5 provided that the 

reporting agency has exhausted all 

possibilities for obtaining this 

information. 

§ 630.7 Failure to respond to questions. 

FTA will review each section 5335 

report to verify the reasonableness of the 

data submitted. If any of the data do not 

appear reasonable, FTA will notify the 

reporting agency of this fact and request 

written justification to document the 

accuracy of the questioned data. Failure 

of a reporting agency to make a good 

faith written response to this request 

will be treated under § 630.5 as failure 

to report data. 

§ 630.8 Questionable data items. 

FTA may enter a zero or adjust any 

questionable data item(s) in a reporting 

agency’s section 5335 report used in 

computing the section 5307 or 5311 

apportionment. These adjustments may 

be made if any data appear inaccurate 

or have not been collected and reported 

in accordance with FTA’s definitions 

and/or confidence and precision levels, 

or if there is lack of adequate 

documentation or a reliable 

recordkeeping system. 

§ 630.9 Notice of FTA action. 

Before taking final action under 

§§ 630.5, 630.6, 630.7, or 630.8, FTA 

will transmit a written request to the 

reporting agencies to provide the 

necessary information within a 

specified reasonable period of time. 

FTA will advise the reporting agency of 

its final decision in this regard. 

§ 630.10 Waiver of reporting requirements. 

Waivers of one or more sections of the 

reporting requirements may be granted 

at the discretion of the Administrator on 

a written showing that the party seeking 

the waiver cannot furnish the required 

data without unreasonable expense and 

inconvenience. Each waiver will be for 

a specified period of time. 

§ 630.11 Data adjustments. 

Errors in the data used in making the 

apportionment may be discovered after 

any particular year’s apportionment is 

completed. If so, FTA shall make 

adjustments to correct these errors in a 

subsequent year’s apportionment to the 

extent feasible. 

§ 630.12 Display of OMB control numbers. 

All of the information collection 

requests in this part have been approved 

by the Office of Management and 

Budget under control number 2132–

0008. 

Appendix A to Part 630—Overview and 

Explanation of the FTA National 

Transit Database Uniform System of 

Accounts and Reporting System 

A. Introduction 

Title 49 U.S.C. 5335 provides for 

establishment of two information-gathering 

analytic systems: the National Transit 

Database Uniform System of Accounts, and a 

Reporting System for the collection and 

dissemination of public transportation 

financial and operating data by uniform 


cprice-sewell on PROD1PC66 with PROPOSALS
Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Proposed Rules 14065 

categories. The purpose of these two systems 

is to provide information on which to base 

public transportation planning and public 

sector investment decisions. FTA administers 

the section 5335 Reporting System. 

The National Transit Database Uniform 

System of Accounts consists of: 

• Various categories of accounts and 

records for classifying financial and 

operating data; 

• Precise definitions as to what data 

elements are to be included in these 

categories; and 

• Definitions of practices for systematic 

collection and recording of such information. 

• While a specific accounting system is 

recommended for this recordkeeping, it is 

possible to make a translation from most 

existing accounting systems to comply with 

the section 5335 Reporting System, which 

consists of forms and procedures: 

• For transmitting data from transit 

agencies to FTA; 

• For editing and storing the data; and 

• For FTA to report information to various 

groups. 

Under the terms of section 5335, all 

applicants for, and beneficiaries of, Federal 

assistance under sections 5307 or 5311 must 

comply with the Reporting System and the 

National Transit Database Uniform System of 

Accounts to be eligible for Federal grants. It 

should be noted that separate and complete 

section 5335 reports must be submitted by or 

for each purchased transportation service 

provider that operates 100 or more revenue 

vehicles for the purchased service during the 

maximum service period. 

B. Purpose of This Appendix 

This appendix presents a general 

introduction to the structure and operation of 

the two Systems. It is not a detailed set of 

instructions for completion of a section 5335 

report or establishment of a System of 

Accounts and Records. Persons in need of 

more information should refer to the current 

editions of the National Transit Database 

Uniform System of Accounts and the 

Reporting Manual, available from the NTD 

Web site, http://www.ntdprogram.gov under 

the section titled NTD Publications and 

Reference Materials. 

FTA periodically updates these reference 

documents or supplements them to revise or 

clarify section 5335 definitions, reporting 

forms, and instructions. Section 630.4 makes 

clear that reporting agencies must use the 

most recent edition of reference documents 

and reporting forms to comply with the 

section 5335 requirements. FTA therefore 

encourages local officials to check with FTA 

before completing a section 5335 report to 

avoid unnecessary efforts and delays. 

C. Special (Reduced) Reporting 

Requirements 

Certain information collection and 

recording requirements were tailored to 

accommodate the unique characteristics of 

certain transportation modes. Reduced 

requirements were permitted during limited 

time periods to ease transition to complete 

reporting for these modes. Reduced reporting 

requirements for commuter rail systems and 

vanpool services ended in the 1987 report 

year. In addition, the reduced reporting 

requirements for private subscription and 

private noncontract conventional bus service 

is eliminated for the 1992 report year. At the 

direction of Congress, the NTD began to use 

new forms for reporting after 2001. 

D. A Single Required Level of Section 5335 

Reporting and Recordkeeping 

FTA has developed a single required 

reporting format for use by all transit 

agencies. The single required level 

accommodates variations in size, local laws, 

and modes of transport. 

The National Transit Database Uniform 

System of Accounts also contains additional 

detailed financial and operational data that 

can be submitted at the reporting agency’s 

option. Because the optional subcategories of 

data can be aggregated to the required level, 

these subcategories define the more 

aggregated data. The definitions for data 

reported at the required level are consistent 

with, and summarized from, those for the 

more detailed optional data. 

E. The National Transit Database Uniform 

System of Accounts 

The National Transit Database Uniform 

System of Accounts consists of a financial 

accounting and operational recordkeeping 

system designed for public transportation 

managers and planners. Its uniformity 

permits more thorough and accurate 

comparisons and analyses of different transit 

agencies’ operating costs and efficiencies 

than if each had a unique recordkeeping and 

accounting system. The National Transit 

Database Uniform System of Accounts 

establishes various categories of accounts and 

records for classifying public transportation 

operating and financial data, and includes 

precise definitions of transportation 

terminology to ensure that all users share a 

common understanding of how to use and 

interpret the collected data. 

(1) Use of the Accounts and Records System 

Beneficiaries of, and applicants for, Federal 

assistance are not required to use the 

National Transit Database Uniform System of 

Accounts in keeping their own records. If an 

applicant or beneficiary chooses not to use 

the National Transit Database Uniform 

System of Accounts, however, it must 

nevertheless be able to translate its accounts 

and records system to the accounts 

prescribed in the National Transit Database 

Uniform System of Accounts. The accounting 

system that the reporting agency uses must 

permit preparation of financial and operating 

data that conform to the National Transit 

Database Uniform System of Accounts 

directly from its records at the end of the 

fiscal year, and must be consistent with the 

following: 

(i) The data must have been developed 

using the accrual method of accounting. 

Those transit systems that use cash-basis 

accounting, in whole or in part, must make 

work sheet adjustments in their account 

books to record the data on the accrual basis. 

(ii) Reporting agencies must follow or be 

able to directly translate their system to the 

accounting treatment specified in the 

publication ‘‘National Transit Database 

Uniform System of Accounts.’’

(iii) The reporting agency’s accounting 

categories (chart of accounts) must be 

correctly related, using a clear audit trail, to 

the accounting categories prescribed in the 

National Transit Database Uniform System of 

Accounts. 

(2) General Structure of the National Transit 

Database Uniform System of Accounts 

In the National Transit Database Uniform 

System of Accounts, operating expenses 

incurred by the transit system are classified 

by transit mode. FTA developed expense 

classifications in two dimensions for 

uniformity and to enhance the usefulness of 

the data collected under section 5335. The 

classifications are typical of those of most 

transit accounting systems. The two 

dimensions are: 

(i) The type of expenditure (expense object 

class); and 

(ii) The function or activity performed. 

Operating expenses can be identified either 

in function or object class categories, or 

cross-classified, allowing identification using 

both categories. The National Transit 

Database Uniform System of Accounts also 

categorizes expenditures by four basic 

functions submitted by all reporting agencies. 

A limited number of additional details are 

optional. All reporting agencies are required 

to use a single set of object class categories. 

The National Transit Database Uniform 

System of Accounts has a single set of 

revenue object classes to be used by all 

reporting agencies, and provides a limited 

number of additional details that are 

optional. 

The National Transit Database Uniform 

System of Accounts provides a classification 

for sources and uses of capital to be 

submitted by all reporting agencies. These 

classifications replace capital information 

previously required on the balance sheet and 

capital subsidiary schedule. 

The National Transit Database Uniform 

System of Accounts also includes collecting 

and recording of certain operating data 

elements. 

Details and definitions of the expense 

object classes, functions, revenue object 

classes, sources and uses of capital, and 

operating data elements are contained in the 

current edition of the ‘‘Reporting Manual,’’

which FTA updates annually, and the 

National Transit Database Uniform System of 

Accounts reference documents. 

F. The Reporting System 

(1) The section 5335 Reporting System 

consists of forms and procedures for 

transmitting data from transit agencies to 

FTA. These forms are available in the annual 

Reporting Manual on the NTD Web site, 

http://www.ntdprogram.gov, under the 

section titled NTD Publications and 

Reference Materials. All beneficiaries of 

Federal financial assistance must submit the 

required forms and information in order to 

allow FTA to: (1) Store and generate 

information on the Nation’s transportation 

systems; and (2) calculate apportionment 

allocations for the section 5307 formula grant 

program (for urbanized areas of 200,000 or 

more inhabitants), or the section 5311 

formula grant program. Agencies submitting 


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14066 Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Proposed Rules 

section 5335 reports may only submit data 

for transit services that they directly operate 

and purchase under contract from public 

agencies and/or private carriers. 

Separate and complete section 5335 reports 

must be submitted by or for each purchased 

transportation service provider that operates 

100 or more revenue vehicles for the 

purchased service during the maximum 

service period. The reporting requirements 

include the following major segments, which 

are based on information assembled through 

the National Transit Database Uniform 

System of Accounts: 

1. Capital report. 

2. Revenue report. 

3. Expense report. 

4. Nonfinancial service and operating data 

reports. 

5. Miscellaneous auxiliary questionnaires 

and subsidiary schedules. 

6. Vehicle Fleet Data. 

7. Data Declarations. 

(2) The section 5335 Reporting System 

includes two data declarations. 

(a) The Chief Executive Officer (CEO) 

Certification. 

The CEO of each reporting agency is 

required to submit a certification with each 

annual section 5335 report. The certification 

must attest: 

• To the accuracy of all data contained in 

the section 5335 report; 

• That all data submitted in the section 

5335 report are in accord with section 5335 

definitions; 

• If applicable, that the reporting agency’s 

accounting system used to derive all data 

submitted in the section 5335 report is the 

system set forth in the National Transit 

Database Uniform System of Accounts and 

that a section 5335 report using this system 

was certified by an independent auditor in a 

previous report year; 

• If applicable, the fact that the reporting 

agency’s internal accounting system is other 

than the National Transit Database Uniform 

System of Accounts, and that its: (i) 

Accounting system uses the accrual basis of 

accounting, (ii) accounting system is directly 

translated, using a clear audit trail, to the 

accounting treatment and categories specified 

by the National Transit Database Uniform 

System of Accounts, and (iii) accounting 

system and direct translation to the National 

Transit Database Uniform System of 

Accounts are the same as those certified by 

an independent auditor in a previous 

reporting year; and 

• That a 100% count of trips and 

passenger mile data for each mode/type of 

service meets FTA requirements. 

(b) Auditor Statement on Section 5335 

Financial Data Reporting Forms and Section 

5307 or Section 5311 Data. 

Reporting agencies must submit with their 

section 5335 report a statement signed by an 

independent public accountant or other 

responsible independent entity such as a 

state audit agency. This statement must 

express an opinion on whether the financial 

data reporting forms in the section 5335 

report present fairly, in all material respects, 

the information required to be set forth 

therein in accordance with the National 

Transit Database Uniform System of 

Accounts. The statement shall also indicate 

whether any of the reporting forms or data 

elements do not conform to the section 5335 

requirements, and describe the discrepancies. 

The statement must consider both required 

and optional data entries. 

Each agency is required to file an Auditor 

Statement unless it received a written waiver 

from FTA. The criteria in either Condition I 

or Condition II for granting a financial data 

waiver are: 

Condition I. The reporting agency (1) has 

adopted the National Transit Database 

Uniform System of Accounts and (2) has 

previously submitted a section 5335 report 

that was compiled using the National Transit 

Database Uniform System of Accounts and 

was reviewed by an independent auditor; or 

Condition II. The reporting agency (1) uses 

an internal accounting system other than the 

accounting system prescribed by the National 

Transit Database Uniform System of 

Accounts, (2) uses the accrual basis of 

accounting, (3) directly translates the system 

and accounting categories, using a clear audit 

trail, to the accounting treatment and 

categories specified by the National Transit 

Database Uniform System of Accounts, and 

(4) has previously submitted a section 5335 

report that was compiled using the same 

internal accounting system and translation to 

the National Transit Database Uniform 

System of Accounts and was reviewed by an 

independent auditor. 

For agencies that have received a waiver, 

the CEO annual Certification must verify that 

the financial data meet one of the above two 

conditions. 

Additionally, all reporting agencies that are 

in or serve urbanized areas with populations 

of 200,000 or more and whose report covers 

100 or more vehicles in annual maximum 

service across all modes and types of service 

must have an independent auditor review all 

section 5335 data used in the section 5307 

formula allocation. The statement should 

discuss, by mode and type of service: 

Directional route miles, vehicle revenue 

miles, passenger miles, and operating cost, 

and include both directly operated and 

purchased service. The independent, 

certified public accountant shall perform the 

verification in accordance with the 

‘‘Statements on Standards for Attestation 

Engagements’’ issued by the American 

Institute of Certified Public Accountants. The 

specific procedures to be reviewed are 

described in the most recent Section 5335 

Reporting Manual. 

Issued in Washington, DC, this 20th day of 

March, 2007. 

James S. Simpson, 

Administrator. 

[FR Doc. E7–5417 Filed 3–23–07; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 21 

RIN 1018–AV10 

Migratory Bird Permits; Removal of 

Migratory Birds From Buildings 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, propose changes in the 

regulations governing migratory bird 

permitting. We propose to amend 50 

CFR part 21 to allow removal of 

migratory birds (other than federally 

listed threatened or endangered species, 

bald eagles, and golden eagles) from 

buildings in which the birds may pose 

a threat to themselves, to public health 

and safety, or to commercial interests. 

DATES: Send comments on this proposal 

by May 25, 2007. 

ADDRESSES: For detailed instructions on 

submitting comments, please see 

‘‘Public Participation’’ below. 

FOR FURTHER INFORMATION CONTACT: 

George T. Allen, Wildlife Biologist, 

Division of Migratory Bird Management, 

U.S. Fish and Wildlife Service, 703–

358–1825. 

SUPPLEMENTARY INFORMATION: 

Background 

The U.S. Fish and Wildlife Service is 

the Federal agency delegated the 

primary responsibility for managing 

migratory birds. The delegation is 

authorized by the Migratory Bird Treaty 

Act (MBTA) (16 U.S.C. 703 et seq.), 

which implements conventions with 

Great Britain (for Canada), Mexico, 

Japan, and the Soviet Union (Russia). 

Raptors (birds of prey) are afforded 

Federal protection by the 1972 

amendment to the Convention for the 

Protection of Migratory Birds and Game 

Animals, February 7, 1936, United 

States-Mexico, as amended; the 

Convention between the United States 

and Japan for the Protection of 

Migratory Birds in Danger of Extinction 

and Their Environment, September 19, 

1974; and the Convention Between the 

United States of America and the Union 

of Soviet Socialist Republics (Russia) 

Concerning the Conservation of 

Migratory Birds and Their Environment, 

November 26, 1976. A list of migratory 

bird species protected by the MBTA can 

be found at 50 CFR 10.13. 

To simplify removal of migratory 

birds from buildings in which their 

presence may be a threat to the birds, to 


cprice-sewell on PROD1PC66 with PROPOSALS