This is a new information collection
request (ICR) associated with the publication of a new Final Rule.
In accordance with the Paperwork Reduction Act, an ICR was
submitted to the Office of Management and Budget at the Notice of
Proposed Rulemaking stage. OMB filed comment on the proposed rule
on April 26, 2016 and assigned OMB control number 2132-0580 "Public
Transportation Agency Safety Plan" (PTASP). The mandatory
collection of information consists of recipients of Federal transit
funding, specifically Urbanized Area Formula Grant funds, who
operate public transportation reporting through the Annual
Certifications and Assurances process as a requirement of receiving
funds, and providing information during FTA’s Triennial Review
Process, which reviews each transit agency every three years, and
State Management Review Process, which reviews each State every
three years. Transit agencies must also keep records of the
documents that set forth its Public Transportation Agency Safety
Plan, including those related to the implementation of its Safety
Management System (SMS), for a minimum of three years. Transit
agencies and States would need to provide proof during the
Triennial and State Management Reviews that they, or the transit
agencies within their state, have a Safety Plan in place that is
signed by the agency’s Accountable Executive and approved by its
Board of Directors, and documents the SMS and other requirements of
the Final Rule. Through the existing Annual Certifications and
Assurances process, FTA requires transit agencies and States to
certify compliance with 49 CFR Part 673 and other FTA requirements
through a form transmitted within FTA’s electronic Transit Award
Management System (TrAMS). FTA will update the existing Triennial
and State Management Review programs to include reviews of Safety
Plans and compliance with 49 CFR Part 673 at the transit agency and
State levels, including collecting Safety Plans only for the
purpose of reviewing them against the Final Rule requirements. FTA
made several revisions to the Notice of Proposed Rulemaking (NPRM)
based on public comments received, which significantly reduced the
financial burden on the transit industry. FTA also eliminated
redundant recordkeeping requirements in the NPRM, reducing overall
recordkeeping requirements and financial burden in the Final
Rule.
US Code:
49
USC 5329(d) Name of Law: Moving Ahead for Progress in the 21st
Century Act (MAP-21)
This new ICR associated is a
reduction in respondents, responses and burden hours since
submission at the NPRM stage in 2016. FTA inadvertently uploaded
the wrong number of responses and respondents in the ROCIS system
at the NPRM stage. However, the supporting statement and final rule
had the correct data. Below is a brief summarization of the changes
that FTA made in response to public comments from the NPRM to the
Final Rule, that resulted in a decrease in burden and cost. 1).
Applicability - In the NPRM, FTA proposed to apply the rule to
every “State, local governmental authority, and any other operator
of a public transportation system that receives Federal financial
assistance under 49 U.S.C. Chapter 53.” In response to this
proposal and a series of questions presented by FTA, several
commenters suggested that FTA exempt Section 5310 recipients from
the rule because they are smaller non-traditional transit
providers, and commenters also suggested that FTA exempt
sub-recipients of Section 5311 funds. Several commenters suggested
that FTA adopt a more simplified approach tailored for smaller
operators. In light of these public comments and the need for
further evaluation, FTA is deferring regulatory action at this time
on operators of public transportation systems that only receive
Section 5310 and/or Section 5311 funds. This deferral will provide
FTA time to further evaluate information and safety data related to
these systems to determine the appropriate level of regulatory
burden necessary to address the safety risk presented by these
systems. This action will result in a $26 million cost savings to
the final rule. 2.) SMS Requirements - In the NPRM, FTA proposed to
require all transit agencies to develop and implement a
comprehensive Safety Assurance process, which would include
processes for (1) safety performance monitoring and measurement,
(2) management of change, and (3) continuous improvement. FTA
received numerous comments requesting a reduction in the regulatory
requirements for smaller public transportation providers. Given the
public comments and the limited administrative and financial
resources available to smaller providers, FTA eliminated the
management of change and continuous improvement requirements for
all small public transportation providers. This action will result
in an $8.4 million cost savings to the final rule. To add clarity
to the final rule and in response to public comments, FTA made
other smaller changes to various SMS requirements. 3.)
Recordkeeping - In the NPRM, FTA proposed to require transit
agencies to maintain records related to (1) safety risk
mitigations, (2) results of safety performance assessments, and (3)
employee safety training, in addition to their safety plans. FTA
received numerous comments requesting reduced recordkeeping burdens
and reduced burdens for smaller operators. As a result, FTA has
eliminated in their entirety the recordkeeping requirements related
to safety risk mitigations, safety performance assessments, and
employee training. FTA believes that the safety plans themselves
are sufficient to ensure that transit agencies are complying with
the statute and this final rule. This action will result in a $6.4
million cost savings to the final rule. 4.) Other Changes - FTA
updated the several definitions in the final rule to add clarity
and to make them consistent with other FTA rules, specifically,
FTA’s Transit Asset Management rule at 49 CFR Part 625 and FTA’s
State Safety Oversight rule at 49 CFR Part 674. FTA made other
revisions throughout the rule to add clarity based on public
comments.
$146,667
No
No
No
No
No
No
Uncollected
Adrianne Malasky 202
366-5496
No
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Final PT Agency Safety Plan Supporting Statement.docx
Agency Safety Plan Summary of Public Comments and FTA Responses.pptx
5307 Small - Agency Safety Plan