[Federal Register Volume 89, Number 211 (Thursday, October 31, 2024)]
[Notices]
[Pages 86907-86914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25341]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2024-0013]


National Transit Database: Proposed Reporting Changes and 
Clarifications for Report Years 2025 and 2026

AGENCY: Federal Transit Administration (FTA), 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) reporting 
requirements. Some of the proposed NTD changes would take effect 
beginning in NTD report year (RY) 2025, while others would take effect 
in RY 2026.

DATES: Comments should be filed by December 30, 2024. FTA will consider 
comments received after that date to the extent practicable.

ADDRESSES: You may send comments, identified by docket number FTA-2024-
0013, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov 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 a.m. and 5 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-2024-0013) 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 
https://www.regulations.gov 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, 365 days a year. Please follow the instructions. An 
electronic copy of this document may also be downloaded from the Office 
of the Federal Register's home page at https://www.federalregister.gov.
    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 https://www.transportation.gov/
privacy.

FOR FURTHER INFORMATION CONTACT: Chelsea Champlin, National Transit 
Database Program Manager, FTA Office of Budget and Policy, 202-366-
1651, <a href="/cdn-cgi/l/email-protection#7e3d161b120d1b1f501d161f130e1217103e1a110a50191108"><span class="__cf_email__" data-cfemail="e2a18a878e918783cc818a838f928e8b8ca2868d96cc858d94">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

A. Background and Overview
B. Additional Data Within Publicly Hosted General Transit Feed 
Specification (GTFS) Datasets
C. Changes to Passenger Stations and Maintenance Facilities 
Reporting
D. A-20 NTD/TERM Alignment
E. Safety and Security--Cyber Security Event Reporting
F. Safety and Security--Disabling Damage
G. Reduced Reporter Exemption for Operators Serving Predominantly 
Rural Areas
H. Voluntary Reporter Tag

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 funding 
recipients that own, operate, or manage public transportation 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 seeks public comment on seven 
(7) proposed NTD reporting changes and clarifications. These proposals 
are based on input from the transportation industry and FTA's 
assessment of geospatial data needs following the NTD's first annual 
data collection since implementing reporting changes required by the 
Bipartisan Infrastructure Law, enacted as the Infrastructure Investment 
and Jobs Act (Pub. L. 117-58). The information below describes 
anticipated reporting impacts from each proposed change or 
clarification and the proposed effective date of each change. FTA seeks 
comments on the proposed changes and clarifications described below. 
All impacts or changes described below are proposed and subject to 
finalization in a future notice.

B. Additional Data Within Publicly Hosted General Transit Feed 
Specification (GTFS) Datasets

    The Infrastructure Investment and Jobs Act amended 49 U.S.C. 
5335(a) to require FTA to collect ``geographic service area coverage'' 
data through the NTD. As of Report Year (RY) 2023, FTA requires that 
reporters with fixed route modes create and maintain a public domain 
GTFS dataset that reflects their fixed route service. These changes 
were finalized through a Federal Register notice published on March 3, 
2023 (88 FR 13497). Specifically, FTA requires agencies that operate 
fixed route service to maintain a GTFS feed and submit to the NTD a 
corresponding link or file containing their GTFS dataset. FTA requires 
that the GTFS file contain six underlying text files at a minimum, 
including trips.txt and stops.txt. A seventh set of files (shapes.txt 
and feed_info.txt) is optional under current requirements. GTFS ensures 
data consistency by establishing minimum

[[Page 86908]]

requirements within each file; some fields are noted as ``optional.'' 
FTA recommends reporting some optional fields (as described below) to 
improve the usefulness of the datasets for data users. However, these 
fields currently are not required.
    In this notice, FTA proposes to further improve the utility of the 
GTFS data it collects by collecting additional data according to the 
GTFS specification.

Align agency_id and NTD ID Within GTFS File

    The agency_id field in GTFS is a unique, numeric identifier that is 
used to identify a transit agency or specific service. FTA adopted GTFS 
standards using the May 9, 2022 version of GTFS, including the current 
definition of ``agency_id'', which is published here: https://gtfs.org/reference/static#field-definitions. This definition does not specify a 
naming convention for the agency_id field or a requirement to use this 
field in all GTFS text files.
    To improve the usefulness of the datasets, FTA proposes two changes 
to the agency_id data field. First, FTA proposes to require agencies to 
align the agency_id field to the agency's National Transit Database 
Identification Number (NTDID). FTA assigns each reporter a unique five-
digit NTDID number, which is used in all NTD reports and 
correspondence. Please note that rural subrecipient reporters should 
not include the four-digit ID associated with the State.
    Second, FTA proposes to make the agency_id data field a non-
conditional requirement--that is, a required field for all GTFS 
submissions--in agency.txt, routes.txt, fare_attributes.txt (if used), 
and attributions.txt (if used). Currently, this field is conditionally 
required in the agency.txt, route.txt, and fare_attributes.txt files 
when multiple agencies are defined in the agency.txt file. While this 
change primarily affects agencies with only one reportable service in 
their GTFS feed, FTA would like to reiterate the existing policy when a 
GTFS feed contains multiple services. In the case where multiple NTD 
reporting agencies share a single GTFS feed, the routes.txt file must 
reflect the respective NTDID associated with each route. For example, 
if a reporter uses one URL for Agency X and Agency Y, each route that 
is operated by Agency X must have Agency X's NTDID in the agency_id 
field, and likewise for Agency Y. In the event that the GTFS feed 
includes non-reportable service (such as intercity bus service), the 
agency may leave the agency_id field blank for those routes or may 
assign whatever agency_id is convenient, provided it is not a five-
digit number.
    FTA proposes that these new requirements apply to all agencies that 
must already supply a GTFS feed: Full Reporters, Reduced Reporters, 
Tribal Reporters, and Rural Reporters. The requirement would apply only 
to reporters that operate a fixed route mode. The requirement would 
take effect beginning in NTD Report Year 2025.

Shapes.txt File (Geospatial Drawing of Routes) as Part of GTFS 
Submission

    FTA proposes to collect the shapes.txt file as part of the GTFS 
submission for each mode. This file is optional in the existing GTFS 
specification. Under this proposal, NTD reporters operating one or more 
fixed route modes would be required to include in their static GTFS zip 
(i.e., the file hosted by the agency) a shapes.txt file for each route. 
The purpose of this file is to provide shapes, which, according to the 
GTFS specification, ``describe the path that a vehicle travels along a 
route alignment'' which may also be ``associated with trips (the data 
from the presently required trips.txt file).'' These shapes ``consist 
of a sequence of points through which the vehicle passes in order.''
    FTA proposes that the requirement become effective upon the 
original submission of the annual report in RY 2025 for Full Reporters 
and in RY 2026 for Reduced, Rural, and Tribal Reporters. FTA estimates 
that over one-third of all reporters already maintain the shapes.txt 
file. Collecting the data included in shapes.txt would benefit transit 
users by allowing for improved trip planning. In addition, this 
collection would improve future FTA performance measures and strategic 
planning.
    The National Rural Transit Assistance Program (RTAP) provides 
resources to help transit agencies generate GTFS data. A resource guide 
for creating a GTFS dataset is available at https://www.nationalrtap.org/Technology-Tools/GTFS-Builder. This includes Excel 
templates that will allow users to build GTFS data from existing 
transit schedules and stop information with little-to-no additional 
technical expertise. The shapes.txt file can be generated using the 
GTFS builder approach described in the guide linked above (see the 
``14. Optional--Complete shapes Tab'').

C. Changes to Passenger Stations and Maintenance Facilities Reporting

    Historically, FTA has collected information on passenger stations 
on two forms in the NTD Asset Module: the A-10 (Stations and 
Maintenance Facilities) form and the A-15 (Transit Asset Management 
Facilities Inventory) form. However, due to differences in how the two 
forms define a ``station,'' there have been discrepancies between the 
count of stations as reported in the A-10 and the count of stations in 
the A-15.
    The current A-10 form captures data for both passenger stations and 
maintenance facilities, regardless of capital responsibility. Agencies 
currently must report the following information for passenger stations 
and maintenance facilities, separated by mode and Type of Service 
(Directly Operated (DO) and Purchased Transportation (PT)):
    1. The number of passenger stations, both accessible and 
inaccessible, in accordance with the Americans with Disabilities Act of 
1990 (ADA) and USDOT's implementing regulations at 49 CFR part 37.
    2. The number of elevators and escalators within passenger 
stations.
    3. The number of maintenance facilities, tallied by size and 
ownership categories.
    To improve and standardize the reporting of passenger stations and 
facilities in the NTD asset module, FTA proposes to eliminate the A-10 
Stations and Maintenance Facilities form, which currently collects a 
count of ADA-accessible and non-accessible stations. All station 
information would be reported through a single, consolidated Transit 
Asset Management Facilities (A-15) form. This form would contain all 
data collection related to accessibility that is currently captured on 
the A-10 form. Agencies must indicate which stations are ADA accessible 
and inaccessible. For ADA accessibility requirements, please reference 
49 CFR part 37.
    In addition to passenger stations, FTA proposes that agencies 
inventory all maintenance facilities on the expanded A-15 form, 
regardless of capital responsibility. Under current A-15 reporting 
requirements, agencies only inventory administrative and maintenance 
facilities if the agency has capital responsibility for the facility 
and the transit use is greater than incidental. With the new 
consolidated form, FTA proposes to include facilities without capital 
responsibility, but maintain the exception for incidental use. 
Maintenance facilities with less than full capital responsibility, 
which previously would have been reportable on the A-10 and not the A-
15, would be reportable on the new, consolidated A-15 form. Facilities 
whose transit use is incidental would not be reportable,

[[Page 86909]]

consistent with existing requirements. Use is considered incidental 
when 50 percent or less of the facility's physical space is dedicated 
to the provision of public transportation service.
    The intent of this change is both to (a) standardize reporting of 
transit passenger stations and facilities across forms, and (b) lessen 
the burden on reporters. By combining these forms into a single form, 
FTA intends to capture station information through a single source and 
reduce the effort needed to complete the annual NTD asset module 
reporting.
    All facilities that are currently reportable on the A-15 would 
continue to be reported on the new consolidated form. In addition to 
facilities already collected, the expanded A-15 data collection would 
include the following:
    1. Each passenger station's accessibility, expressed as either 
``ADA accessible'' or ``ADA inaccessible,'' in accordance with 49 CFR 
part 37. An accessible station complies with part 37 and is fully 
accessible to individuals with disabilities, including individuals who 
use wheelchairs. Inaccessible stations do not meet the requirements of 
part 37.
    2. The number of elevators and escalators within passenger stations 
for each applicable station.
    3. The number of passenger facilities (for fixed-route modes) and 
maintenance facilities (for all modes and types of service other than 
Taxi (TX) or Transportation Network Company (TN)) by size and ownership 
categories. Data on maintenance facilities would be collected in a 
manner similar to the chart below.

----------------------------------------------------------------------------------------------------------------
                                                                    Leased from
             Facility type                        Owned           another public   Leased from a       Total
                                                                      agency      private entity
----------------------------------------------------------------------------------------------------------------
General Maintenance Facilities < 200
 Vehicles).
General Maintenance Facilities with
 200-300 Vehicles.
General Maintenance Facilities > 300
 Vehicles.
Heavy Maintenance Facilities..........
                                       -------------------------------------------------------------------------
    Total.............................  (This total will be the
                                         count of facilities
                                         with <ls-thn-eq> 0
                                         percent capital
                                         replacement
                                         responsibility).
----------------------------------------------------------------------------------------------------------------

    FTA is also seeking feedback on the definition of a ``passenger 
station'' for the purpose of uniform inventorying on the expanded A-15 
form. On the expanded form, FTA proposes to retain all facilities that 
are currently reported to the NTD as passenger stations, which means 
that agencies should continue to inventory all passenger stations as 
defined in the NTD reporting manual (2024 NTD Reporting Policy Manual, 
https://www.transit.dot.gov/ntd/2024-ntd-reporting-policy-manual, page 
160).
    FTA proposes to retain the current guidance that for any station 
that operates in mixed traffic, a significant structure must be 
present. This does not include bus shelters. Significant structures are 
structures that are enclosed or, if partially enclosed, have a minimum 
roof square footage of 150 feet. Examples may include larger canopies 
or coverings to serve passengers.
    In previous report years, reporters have expressed some confusion 
as to whether certain facilities, particularly those with multiple 
platforms, should be reported as a single facility or as two separate 
facilities. To address this concern and clarify facility reporting, FTA 
proposes that passenger stations serving rail modes and bus rapid 
transit modes that span both sides of the right-of-way must be 
inventoried as a single facility if all of the following criteria are 
met.
    a. Condition assessments are conducted comprehensively, where all 
subcomponents are assessed in the same procedure/assessment,
    b. Passengers can access the facility on both sides of the right-
of-way without leaving the facility or designated pedestrian crossing 
areas, and
    c. The ownership, size, and other attributes reported on the 
expanded A-15 form are the same across the facility.
    These changes would take effect for all asset module reporting 
beginning in NTD Report Year (RY) 2025.

D. A-20 NTD/TERM Alignment

    FTA seeks to improve data collection categories on the A-20 Transit 
Way Mileage Form to align with FTA's Transit Economics Requirement 
Model (TERM) categories. (For more information on TERM, please see: 
https://www.transit.dot.gov/regulations-and-programs/asset-management/transit-economic-requirements-models-term-federal-user.) The goal of 
this proposed change is to create consistency between NTD data 
collection and the TERM model, both of which are used in the Department 
of Transportation's Conditions and Performance report to Congress. The 
proposed changes include three new categories on the A-20 Form: 
``Track--Turntable,'' ``Power and Signal--Pump Rooms,'' and ``Power and 
Signal--Fan Plants.'' For each of these new categories, agencies would 
report a count of each applicable asset, similar to existing data 
collection categories on the form.
    FTA proposes that under the ``Track'' section of the A-20 form, 
agencies would report the count of turntables by mode under the 
``Special Track'' section. A turntable is a track element used to turn 
train cars in a different direction. This count should include 
turntables located in rail yards or other locations. To be consistent 
with other special track categories, agencies would report the Expected 
Service Years When New, Percent Agency Capital Responsibility, Decade 
Built, and Agency with Shared Responsibility (when applicable).
    FTA proposes that the ``Power and Signal'' section would include a 
count of Pump Rooms and Fan Plants by mode. Pump Rooms are assets 
throughout rail operations that help control water in underground 
systems. Fan Plants refer to assets that assist with ventilation in 
underground systems. Similar to existing ``Power and Signal'' elements 
on the A-20 form, agencies would provide the Expected Service Years 
When New, Percent Agency Capital Responsibility, and Agency with Shared 
Responsibility (when applicable) for these new categories. Agencies 
also would report the decade of original construction or rebuild (when 
rebuilt as new). For further detail on these

[[Page 86910]]

existing fields, please refer to the latest NTD reporting manual.
    In addition to these new categories, FTA aims to clarify the data 
collected for all assets on the ``Construction'' section on the A-20 
form. Currently, the form collects the decade of construction for a 
specific asset category. While this information is accurate to the 
original build date, it fails to capture when transit assets are fully 
rebuilt, which significantly extends the useful life of the asset. 
Similar to other data collected related to asset age, FTA is proposing 
that the decade of construction should reflect the original 
construction date, or the decade rebuilt as new, if applicable. If an 
element is reconstructed as new or has been renovated to the degree 
that its expected useful life is equivalent to the condition and useful 
life of a new element, the agency should report the decade in which 
this renovation was completed. This information would allow for more 
accurate modelling of the expected life and condition of the asset, 
which in turn would generate more accurate estimates of the state of 
good repair needs of these assets in TERM.
    FTA proposes that these changes would take effect beginning in NTD 
Report Year (RY) 2025.

E. Safety and Security--Cyber Security Event Reporting

    FTA seeks to update cyber security NTD reporting requirements. 
Under current FTA guidance, reportable cyber security events may not 
capture the prevalence or risks posed by cyber events. For purposes of 
NTD reporting, a cyber event is ``an event that targets transit 
facilities, personnel, information, or computer or telecommunications 
systems associated with transit agencies.'' (``System Security Event 
Details Key Descriptions'' in the National Transit Database Safety & 
Security Policy Manual, page 69, https://www.transit.dot.gov/sites/fta.dot.gov/files/2024-02/2024-Safety-and-Security-Policy-Manual_1-0.pdf). Cyber security events are reportable to the NTD if they meet a 
major event threshold; the most common threshold met is property 
damage. Between 2014 and June 2024, there have been four cybersecurity 
events reported to NTD; however, based on an analysis of media 
coverage, FTA has reason to believe that there have been dozens of 
breaches, ransomware, and other cyber events on transit agencies during 
the same period.
    To address this issue, FTA proposes clarifications to cyber 
security event reporting applicable to Full Reporters (reporting via 
the S&S-40 major event form). Specifically, FTA proposes clarifications 
in the following areas:

1. Reporting Threshold and IT as Infrastructure
2. Selecting a Mode when Reporting Cyber Security Events
3. Substantial Damage for Rail Modes

    The proposed clarifications would give reporters clear guidance on 
cyber event reporting and would improve data collection, strengthening 
FTA's policy development, safety oversight, and safety risk mitigation 
programs, and providing NTD data users (such as transit agencies and 
other Federal agencies concerned with cyber security) greater insight 
into cyber security events within public transit.
Reporting Threshold and IT as Infrastructure
    A cyber security event is an event that targets transit facilities, 
personnel, information, or computer or telecommunications systems 
associated with transit agencies. (National Transit Database Safety and 
Security Reporting Manual, https://www.transit.dot.gov/sites/fta.dot.gov/files/2024-02/2024-Safety-and-Security-Policy-Manual_1-0.pdf). Cyber security events include:
    <bullet> Denial or disruption of computer or telecommunications 
services, especially train control systems,
    <bullet> Unauthorized monitoring of computer or telecommunications 
systems,
    <bullet> Unauthorized disclosure of proprietary or classified 
information stored within or communicated through computer or 
telecommunications systems,
    <bullet> Unauthorized modification or destruction of computer 
programming codes, computer network databases, stored information, or 
computer capabilities; or
    <bullet> Manipulation of computer or telecommunications services 
resulting from fraud, financial loss, or other criminal violations.
    (See National Transit Database Glossary, https://www.transit.dot.gov/ntd/national-transit-database-ntd-glossary).
    In many cases, a cyber security event would be reportable as a 
major event. Under current NTD reporting requirements, an event is 
reportable as a major event when any major event threshold is met and 
the event:
    <bullet> Occurs at a transit revenue facility, maintenance 
facility, or rail yard;
    <bullet> Occurs on transit right-of-way or infrastructure (the 
underlying framework or structures that support a public transportation 
system);
    <bullet> Occurs during a transit-related maintenance activity; or
    <bullet> Involves a transit revenue vehicle.
    (See ``When to Report a Major Event'' in the National Transit 
Database Safety & Security Policy Manual, page 20. https://www.transit.dot.gov/sites/fta.dot.gov/files/2024-02/2024-Safety-and-Security-Policy-Manual_1-0.pdf).
    FTA historically has interpreted ``infrastructure'' to include only 
physical assets for both cyber security and other safety and security 
events. However, FTA believes this interpretation does not adequately 
encompass impacts to transit IT infrastructure, particularly as it 
pertains to cyber security events. To address this issue, FTA proposes 
that ``infrastructure'' also should include information, computer, and 
telecommunications systems that exist in any transit facilities (i.e., 
in the facilities reported on annual form A-15). In addition to 
providing clarity for cyber security event reporting, FTA's 
clarification with regards to `infrastructure' would apply to other 
system security events, such as sabotage or vandalism, provided they 
meet all other major event thresholds. Similarly, because they involve 
`disruptions to telecommunications services', major power failures 
which result in damage to these systems would be reportable if they 
meet a major event threshold. Thus, cyber security events occurring on 
this type of infrastructure that meet an NTD major event reporting 
threshold would be reportable to the NTD on the S&S-40 form.
Selecting a Mode When Reporting Cyber Security Events
    Reportable cyber security events are by definition system events 
that affect ``a transit system as a whole.'' (``System Security 
Events'' in the National Transit Database Safety & Security Policy 
Manual, page 68. https://www.transit.dot.gov/sites/fta.dot.gov/files/2024-02/2024-Safety-and-Security-Policy-Manual_1-0.pdf). For this 
reason, FTA proposes that agencies would consistently select a single 
designated mode for reporting cyber security events in their system, 
regardless of the specific infrastructure that is targeted. FTA 
currently uses the Appian system to collect major events, and a user 
may select only one mode on the safety and security major event form 
(S&S-40). Because of this constraint, it is not possible to file an 
S&S-40 report for multiple modes simultaneously. This results in 
reporters filing multiple S&S-40 reports for different modes arising 
from the same cyber event. For this reason, and given the nature of 
cyber security events as system events, FTA is proposing a hierarchy 
for S&S-40 cyber security events where reporters would

[[Page 86911]]

select a single designated mode as detailed below. Among other 
benefits, this approach would result in reduced reporting burden due to 
the elimination of multiple (duplicative) reports resulting from a 
single cyber security event.
    FTA proposes that all Rail Transit Agencies (RTAs) (any entity that 
provides services on a rail fixed guideway public transportation 
system) would select a rail mode for reporting all cyber security 
events, regardless of the specific infrastructure that is targeted. If 
an agency operates more than one rail mode--for example, Heavy Rail 
(HR) and Light Rail (LR)--they would follow the Predominant Use Rule to 
determine the appropriate mode to associate with the event.
    Agencies that operate fixed route bus modes, but do not operate 
fixed guideway rail, would select a bus mode for reporting all cyber 
security events. If an agency operates more than one bus mode--for 
example, Motorbus (MB) and Bus Rapid Transit (RB)--they would follow 
the Predominant Use Rule to determine the appropriate mode to associate 
with the event.
    Agencies that operate demand response service and do not operate 
fixed guideway rail nor fixed route bus would select the demand 
response mode for reporting all cyber security events.
    Agencies that operate only ferryboat service would select the 
ferryboat mode for reporting all cyber security events.
    FTA proposes that this clarification would take effect for Full 
Reporters in calendar year 2025 as soon as practicable following 
publication of the Federal Register notice finalizing the NTD reporting 
changes.
Substantial Damage for Rail Modes
    One of the major event thresholds on the S&S-40 form for rail modes 
is ``substantial damage.'' While FTA is proposing changes to this 
reporting threshold for safety and personal security events in this 
Federal Register notice (see below), the threshold would remain 
unchanged for system security events, which includes cyber security 
events. Per the current NTD S&S reporting requirements, the definition 
of ``substantial damage'' for rail modes includes damage to any 
involved vehicles, facilities, equipment, rolling stock, or 
infrastructure that: (1) disrupts the operations of the rail transit 
agency and (2) adversely affects the structural strength, performance, 
or operating characteristics of the asset, such that it requires 
towing, rescue, on-site maintenance, or immediate removal prior to safe 
operation. (See ``Exhibit 5: Reporting Thresholds'' in the National 
Transit Database Safety & Security Policy Manual, page 22. https://www.transit.dot.gov/sites/fta.dot.gov/files/2024-02/2024-Safety-and-Security-Policy-Manual_1-0.pdf).
    FTA proposes to clarify how to apply the substantial damage 
threshold to cyber security events. Regarding the ``disruption of 
operations'' element of the threshold, FTA proposes that for cyber 
security events, disruption of operations would include the disruptions 
of the normal operations of transit facilities, personnel, information, 
or computer or telecommunications systems associated with transit 
agencies. Examples include (this is not an exhaustive list):

<bullet> Ransomware, if it disrupts operations
<bullet> Denial of service attack if it disrupts operations
<bullet> Communications disruption (e.g., phone lines, website, digital 
signs, applications)
<bullet> Shutting down systems to protect personal data
<bullet> Severing connections to other systems
<bullet> Inability to collect fares
<bullet> Inability to assign routes or make pull-out

    The ``disruption of operations'' element would not be met for 
events where an actor did not target transit facilities, personnel, 
information, or computer or telecommunications systems associated with 
transit agencies, such as (this is not an exhaustive list):
    <bullet> A user installing an unapproved software utility to 
perform maintenance activities or updates to fix a bug or deploy 
enhancements;
    <bullet> Deployed software or logic changes that are not malicious;
    <bullet> Accidents that do not involve malicious actors.
    Regarding the second element of the ``substantial damage'' 
threshold, FTA proposes that a cyber security event automatically would 
be presumed to adversely affect the operating characteristics of the 
asset or infrastructure that is targeted such that it would require 
maintenance to remedy. This is based on FTA's analysis of cyber events 
and research, which indicates that cyber events disrupting operations 
adversely affect performance or operations such that they require 
maintenance to remedy while services are assessed, modified, or halted 
before being reestablished. (See e.g., National Institute of Standards 
and Technology (NIST), U.S. Department of Commerce, https://www.nist.gov/cyberframework/recover) In effect, this means that cyber 
security events only need to meet the first element of the 
``substantial damage'' threshold.
    FTA clarifies that events are reportable as cyber security events 
when they are caused by the actions of a third party. If the actions 
are caused by a transit employee, the event would be reported as 
sabotage.
    The proposed changes would take effect for safety and security 
reporting beginning in calendar year 2025 following the publication of 
the final notice.

F. Safety and Security--Disabling Damage

    Section 5329 of Title 49, United States Code, requires FTA to 
establish a comprehensive public transportation safety program, the 
elements of which include a National Public Transportation Safety Plan; 
a safety training and certification program for Federal, State, and 
local transportation agency employees with safety responsibilities; 
Public Transportation Agency Safety Plans; and a strengthened State 
Safety Oversight Program. Pursuant to that authority, in on October 16, 
2024, FTA published a final rule (89 FR 83956) updating the State 
Safety Oversight (SSO) requirements at 49 CFR part 674. This final rule 
includes a new safety event category titled ``disabling damage'' for 
purposes of the SSO notification and investigation thresholds in 49 CFR 
674.33 and 674.35. The final rule defines ``disabling damage'' as 
``damage to a rail transit vehicle resulting from a collision and 
preventing the vehicle from operating under its own power.'' 49 CFR 
674.7.
    As discussed in Section E above, at present, one of the major event 
reporting thresholds for rail modes on the NTD Safety and Security 
Major Event (S&S-40) form is ``substantial damage.'' Substantial damage 
is defined as follows:
    ``Substantial damage is damage to any involved vehicles, 
facilities, equipment, rolling stock, or infrastructure that:
    <bullet> Disrupts the operations of the rail transit agency, and
    <bullet> Adversely affects the structural strength, performance, or 
operating characteristics of the asset, such that it requires towing, 
rescue, on-site maintenance, or immediate removal prior to safe 
operation.''
(National Transit Database Safety and Security Reporting Manual, 
https://www.transit.dot.gov/sites/fta.dot.gov/files/2024-02/2024-Safety-and-Security-Policy-Manual_1-0.pdf)
    Because the substantial damage and disabling damage thresholds 
capture different information, FTA is proposing to revise the NTD major 
event reporting requirements to capture the new

[[Page 86912]]

``disabling damage'' event category defined in the SSO final rule.
    FTA is seeking comments on two proposed alternatives to collect 
this new information. The first option is a wholesale replacement of 
the substantial damage major event threshold with a disabling damage 
threshold for safety events. The second option is to maintain the 
substantial damage threshold and include disabling damage events as a 
subset of substantial damage events.
    Substantial damage is currently a reporting threshold on the S&S-40 
form, which is only completed by NTD Full Reporters, and this reporting 
threshold pertains only to rail modes. As such, either proposed 
alternative only would affect Full Reporters who operate rail fixed 
guideway modes. For all other reporters, there would be no impact to 
safety and security reporting. The changes discussed below would apply 
only to NTD reporting of major events on the S&S-40 form, and would not 
alter other program requirements, including the two-hour notification 
or investigation requirements under 49 CFR part 674.
    FTA proposes that under either alternative, FTA would begin 
collecting disabling damage information in calendar year 2025 as soon 
as practicable following publication of the Federal Register notice 
finalizing the NTD reporting changes. Each alternative is described 
below, including impacts to data collection and data users.
1. Replacing ``Substantial Damage'' Threshold With ``Disabling Damage'' 
for Major Safety Events
    The first alternative that FTA is considering is to eliminate the 
``substantial damage'' major event threshold for safety events and 
personal security events and replace it with a ``disabling damage'' 
threshold. Under this alternative, only property damage events which 
result in disabling damage (i.e., damage to a rail transit vehicle 
resulting from a collision and preventing the vehicle from operating 
under its own power) or that meet another major event threshold would 
be reportable on the S&S-40 for rail modes. This would eliminate major 
event reporting requirements for events that meet the current 
substantial damage threshold but do not meet the definition of 
disabling damage or another major event threshold. All other reporting 
thresholds, such as injuries, fatalities, and evacuations, would be 
unchanged. In addition, the substantial damage threshold would be 
retained for system security events.
    Under this proposed revision, for all rail collision safety and 
security events, the National Transit Database would ask reporters to 
indicate if the event meets the threshold of ``disabling damage'' (as 
defined in part 674). Safety and personal security events that do not 
meet the disabling damage threshold (or another threshold such as 
injury, fatality, or evacuation) no longer would be reportable on the 
S&S-40 form, even if they would have been reportable as substantial 
damage previously. System security events still would be reportable if 
they meet the substantial damage threshold, including cyber security 
events as discussed in this notice. The breakdown by event type is 
summarized below.
    This alternative would reduce burden by reducing the number of 
reportable major safety and personal security events. For example, 
electrical malfunctions that disrupt operations but do not involve a 
collision, injury, fatality, or evacuation no longer would be 
reportable on the S&S-40. FTA believes that the number of events that 
result in substantial damage but not disabling damage, and which do not 
meet another threshold, is minimal compared to the overall number of 
safety and security events reported to the NTD.
    In 2023, the NTD recorded 398 events that were classified as 
involving ``substantial damage'' (see NTD Major Safety Events file, at 
https://data.transportation.gov/Public-Transit/Major-Safety-Events/9ivb-8ae9/explore). Of these, 22 events would not meet the definition 
of disabling damage and did not meet another major event threshold 
(injury, fatality, etc.)--such as events where a pantograph was 
damaged, disrupting service but not damaging the rail transit vehicle. 
Under this proposal, these events would not be reportable on the S&S-
40.
    For clarity, the following are all safety and security event types 
currently in the NTD reporting system, and how they would be affected 
by this proposed reporting change:
    <bullet> Collision: substantial damage question removed and 
replaced with disabling damage.
    <bullet> Derailment (including yard derailments and non-revenue 
vehicles): Substantial damage question removed entirely. Because 
derailment is a separate reporting threshold, the number of reportable 
events would be unchanged.
    <bullet> Fire: Substantial damage question removed entirely. If an 
injury, fatality, or evacuation occurs, the fire would still be 
reportable. Based on 2023 NTD safety reports, there were no events 
which met the substantial damage threshold that did not meet another 
threshold.
    <bullet> Hazardous material spill: Substantial damage question 
removed entirely. If an injury, fatality, or evacuation occurs, the 
hazardous material spill would still be reportable. Based on 2023 NTD 
safety reports, there were no events which met the substantial damage 
threshold that did not meet another threshold.
    <bullet> An earthquake/flood/hurricane/tornado/other high winds/
snowstorm/ice storm, etc. (Act of God): Substantial damage question 
removed entirely. If an injury, fatality, or evacuation occurs, the 
event would still be reportable. However, damage resulting from Act of 
God events that do not meet one of these other thresholds would no 
longer be reportable.
    <bullet> System Security Event: bomb threat/bombing/chemical/
biological/nuclear/radiological/arson/hijacking/sabotage/burglary/
vandalism/suspicious package/cyber security event/other system security 
event: Substantial damage question would be maintained. This includes 
cyber security events.
    <bullet> Personal Security Event: assault/robbery/rape/suicide/
attempted suicide/larceny or theft (including vehicle theft from a 
parking lot)/homicide/other personal security event: Substantial damage 
question removed entirely. If an injury, fatality, or evacuation 
occurs, the event would still be reportable. However, personal security 
events where no other thresholds are met would no longer be reportable.
    <bullet> Other Safety Event (e.g., fall, electric shock, smoke, 
slip/fall, power failure, runaway train, other): Substantial damage 
question removed entirely. If an injury, fatality, or evacuation 
occurs, the safety event would still be reportable. However, other 
safety events where no other thresholds are met would no longer be 
reportable.
    FTA recognizes that the data on substantial damage may be useful to 
NTD data users. FTA welcomes public comments on existing and future use 
cases using substantial damage events that do not involve disabling 
damage and do not meet another S&S-40 reporting threshold (e.g., no 
injuries, no fatalities, and where only agency equipment, other than a 
rail transit vehicle, or other property experience substantial damage).
2. Adding Disabling Damage as a Subset of Substantial Damage Collision 
Events
    The second alternative that FTA is considering is adding a question 
to the S&S-40 form to allow agencies to report events that cause 
disabling damage as a

[[Page 86913]]

distinct subset of events that cause substantial damage. One of the 
reasons for proposing a new category of disabling damage is to allow 
FTA to identify collision events involving a rail transit vehicle more 
easily that prevent the vehicle from operating under its own power. 
This proposed option would allow FTA's systems to identify such events 
more accurately (e.g., sub setting substantial damage events to the 
State Safety Oversight Reporting (SSOR) system if they involve 
disabling damage). Moreover, it would preserve the broader set of data 
FTA collects involving substantial damage events that do not involve 
disabling damage for FTA data analysis and other NTD data users.
    This change would apply to the roughly 320 collision events 
annually that are reported as substantial damage. FTA anticipates that 
nearly all of the events reported as substantial damage would be marked 
``Yes'' for disabling damage; only a small number would be marked as 
``No.'' Examples of events that are substantial but not disabling 
include events where rail rolling stock strikes a personal vehicle, 
with no disabling damage to the rail rolling stock, but the personal 
vehicle is rendered inoperable. Other examples include events where 
rail transit property other than a rail transit vehicle experiences 
substantial damage (e.g., equipment is struck by an object and is 
substantially damaged), and there is a disruption to service.
    Under this proposed option, FTA would retain substantial damage as 
a reporting threshold. All of the events described above therefore 
would require major event reports, given that substantial damage 
occurred. Disabling damage would be recorded as a subset of substantial 
damage.
    FTA would operationalize this requirement by adding a question to 
the S&S-40 Report. NTD reporters would be first asked to indicate if 
the collision event caused substantial damage--consistent with current 
reporting requirements. If the reporter indicates that the event caused 
substantial damage, the system would prompt the reporter to indicate if 
the event resulted in disabling damage. If the event did not result in 
disabling damage, the reporter would simply indicate that no disabling 
damage occurred.
    This option would not expand the set of events that are currently 
reported. However, it would increase the data collected for each rail 
collision event involving substantial damage. In calendar year 2023, 
there were 398 such events--if FTA implements this change, each of 
these events would require this additional field to establish whether 
or not the event involved disabling damage.
    FTA seeks comment on both proposed alternatives. The proposed 
changes would take effect in calendar year 2025, approximately three 
months after the publication of the final notice.

G. Reduced Reporter Exemption for Operators Predominantly Serving Rural 
Areas

    FTA recognizes that there are unique rural operators who provide 
service over large geographic regions in the United States that 
partially contain one or more small urbanized areas (UZAs). Although 
these operators predominantly serve rural areas, they currently report 
to the NTD as Full Reporters if they operate more than 30 vehicles in 
maximum service. FTA believes that data reporting requirements should 
be reduced for these operators to align with the Rural Module reporting 
requirements of the NTD. This proposal stems from changes to urbanized 
zone areas from the 2020 Census, which resulted in many agencies that 
had traditionally been rural reporters suddenly becoming urban 
reporters, some of whom still predominantly serve rural areas. As a 
result of this Census change, some transit agencies have requested a 
waiver from full reporting requirements. In the interest of reducing 
reporting burden and given that these reporters still predominantly 
serve rural areas, FTA is proposing to extend waivers to this set of 
reporters whose service contributes a small proportion towards urban 
transit service.
    Accordingly, FTA proposes a waiver process in which reporters that 
predominantly serve rural areas may request an exemption from filing as 
a Full Reporter. Effectively, this would mean that operators receiving 
the waiver would report as Reduced Reporters instead.
    Under this proposal, FTA would grant the waiver if the agency 
predominantly serves a rural area, as determined by the following 
criteria:
    <bullet> Receives funding under 49 U.S.C. 5311,
    <bullet> Reports one or more primary or secondary UZAs on their 
Federal Funding Allocation form (FFA-10),
    <bullet> Operates more than 30 Vehicles Operated in Maximum Service 
(VOMS),
    <bullet> Operates fewer total VOMS in urbanized areas (UZAs) than 
rural (non-UZA) areas, and
    <bullet> Allocates more total Vehicle Revenue Miles (VRM) to non-
UZAs than UZAs.
    FTA believes these criteria would positively identify reporters who 
predominantly serve rural areas without carving out too broad an 
exemption. Upon publication of the final notice, FTA would review and 
validate NTD data to assess the above criteria. FTA proposes to use 
data from the most recent year's validated and accepted data to 
evaluate eligibility for this waiver, and FTA would grant the waiver if 
each of the above criteria are met. Based on current available data, 
FTA estimates that approximately 10-15 agencies would be eligible for 
this waiver.
    FTA would automatically identify agencies that qualify for this 
waiver based on the prior year's validated and accepted data submitted 
to the NTD. All eligible reporters then would be presented with the 
option to request the waiver annually during the Report Year Kick-Off 
(RYKO) process, which confirms an agency's basic information and 
operational data listed above that would affect reporter type 
selection. This process would use the ratio of Section 5307 to total 
Federal funding expended to estimate VOMS in urbanized areas versus 
rural areas, because these data are not directly collected on the 
Federal Funding Allocation form (FFA-10).
    If an agency is reporting to the NTD for the first time and wishes 
to request this waiver, they would be prompted to provide the relevant 
information for determining eligibility as a part of the ``New ID 
Request'' process.
    FTA proposes that agencies granted this waiver would certify that 
they continue to meet the eligibility requirements each year. This 
certification would be verified through FTA's normal validation of an 
agency's annual RYKO. However, if an agency's operations change 
significantly and they no longer meet eligibility requirements, 
agencies could request a one-year extension of the waiver to allow the 
agency time to implement data collection changes that would facilitate 
a Full Reporter submission the following year.
    FTA notes that agencies that receive this waiver would report as 
Reduced Reporters going forward. They therefore would no longer submit 
Passenger Miles Traveled (PMT) data to the NTD. FTA uses PMT data as 
part of the calculation of Urbanized Area formula apportionments under 
49 U.S.C. 5307 (Section 5307). Agencies considering this waiver would 
coordinate with the local planning agency in the UZA in which they 
operate, and the State DOT receiving Section 5311 funding which may 
impact apportionment to the UZA. These data would otherwise be used in

[[Page 86914]]

the incentive tier of the Section 5307 formula apportionment.
    Under this proposal, FTA would continue to automatically grant a 
Full Reporting waiver for agencies that report that they operate in a 
primary or secondary UZA and report 30 or fewer VOMS in the NTD annual 
report (assuming all figures have been validated). Agencies that 
neither operate in a UZA nor receive or benefit from Section 5307 
funding would not need to apply for this waiver.
    FTA proposes that this waiver would be available beginning in NTD 
Report Year (RY) 2025.

H. Voluntary Reporter Tag

    Recipients and beneficiaries of FTA funding 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 
funding recipients that own, operate, or manage public transportation 
capital assets are required to provide more limited reports to the NTD 
regarding Transit Asset Management. However, while most transit 
agencies report to the NTD because they are required to do so by 
Federal statute, some transit agencies do not receive or benefit from 
FTA funds but submit NTD reports on a voluntary basis. The service 
reported by these agencies generate funding for the state or urbanized 
area(s) where they report their service. The term ``transit agency'' 
refers to an entity providing public transportation as defined in 49 
U.S.C. 5302.
    The term ``Voluntary Reporter'' refers to public or private transit 
agencies that are not obligated by Federal statute to report to the 
NTD, but voluntarily comply with all NTD reporting requirements under 
the NTD regulation (49 CFR part 630) and the Uniform System of Accounts 
(USOA). Voluntary Reporters might report data to the NTD with the 
intention of future inclusion in FTA's Federal funding awards.
    Currently, FTA does not collect data that specifically designates 
an agency's ``required'' versus ``voluntary'' reporting status in the 
NTD reporting system. While an agency's reported financial and revenue 
vehicle inventory data can indicate their reporting obligations, FTA 
does not require agencies to directly attest to their reporting status 
each report year.
    To improve data collection from transit agencies, FTA proposes an 
update to the annual reporting system that would require agencies to 
identify whether they are Voluntary Reporters. Adding this signifier to 
the NTD platform would streamline and simplify the process of 
identifying required versus Voluntary Reporters through a single 
question, which agencies would answer each report year.
    Under this proposal, each unique, active NTD ID would answer a 
question on the ``Identification'' (B-10) form in their annual NTD 
report packages that would ask them to attest to their Voluntary 
Reporter status. Agencies would respond to the question by selecting 
``Yes'' or ``No'' in the report form. Agencies that are Section 5307 or 
5311 recipients or beneficiaries, or that have continuing grant 
requirements under either of these programs, would select ``No'' to 
indicate they are not Voluntary Reporters and are required to report to 
the NTD. Agencies who have no Federal requirement to report to the NTD, 
including not being held to the continuing grant requirements described 
above, would select ``Yes'' to indicate that they are Voluntary 
Reporters.
    FTA is proposing that this requirement apply to all reporter types, 
including Full and Reduced Urban Reporters, Tribes, State DOTs, Rural 
General Public Transit Reporters, and Capital Asset Reporters. In cases 
where it is evident and uncontestable that the reporter is a recipient 
of FTA funding--for instance, a rural subrecipient of a State--this 
field could be automatically populated for them.
    Under this proposal, transit agencies must recertify their 
voluntary reporting status each report year. This would allow agencies 
to either verify that their previous reporting status is accurate in 
the current reporting period or update their reporting status if it has 
changed. The question would reset at the beginning of each report year 
so that agencies could select their responses for that particular year. 
For example, if an agency was a Voluntary Reporter in Report Year (RY) 
2024, but received Section 5307 funds in RY 2025, the agency would no 
longer be considered a Voluntary Reporter, and must answer ``No'' to 
the Voluntary Reporter question in the B-10 form in RY 2025.
    FTA would verify reporters' responses in the B-10 form through the 
NTD data validation process. For example, if an agency answers that 
they are voluntarily reporting in a given report year, FTA would not 
expect that agency to report Section 5307 or 5311 funds expended on 
operations or capital in their annual NTD report. FTA also would not 
expect the agency to report revenue vehicles with the Urbanized Area 
Formula Program or Rural Area Formula Program funding codes on the 
Revenue Vehicle Inventory (A-30) forms; if an agency has existing 
revenue vehicles with either of these funding types already in their 
report, the agency's validation analyst would ask the agency to confirm 
whether the vehicle(s) are still within their useful life periods. This 
verification ensures that the Voluntary Reporter status is consistent 
with the rest of the report and accurate in the NTD annual data 
publications.
    Please note that this change would not affect existing reporting 
requirements for mandatory reporters, nor affect the timing of when 
agencies become subject to mandatory reporting requirements. Agencies 
are required to report to the National Transit Database if they receive 
Federal funding, are applying for Federal funding in the coming year, 
or maintain capital assets purchased with Federal funds. This is 
unchanged from prior policy. For more information, please consult the 
NTD Reporting Manuals at https://www.transit.dot.gov/ntd/manuals.
    FTA proposes that this change would take effect beginning in NTD 
Report Year (RY) 2025.

Veronica Vanterpool,
Deputy Administrator.
[FR Doc. 2024-25341 Filed 10-30-24; 8:45 am]
BILLING CODE 4910-57-P


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