Notice of Request for Comments on the Inclusion of Security Data Reporting in the National Transit Database

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. 94-D]

Notice of Request for Comments on the Inclusion of Security Data

Reporting in the National Transit Database

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Transit Administration (FTA) proposes to revise

its safety reporting form to include security information as part of

its annual National Transit Database (Section 15) reporting system.

Among other things, the Omnibus Anti-Crime legislation (Pub. L.

103-322) signed by President Clinton on September 13, 1994, reinforces

the need to fight crime and to increase security in existing and future

transportation systems. Moreover, FTA's Strategic Plan includes a

strategy to ``Maximize Security and Safety of Transit Systems for

Service Users''. The first goal under this strategy is to improve

personal security.

This Notice thus solicits comments from transit agencies on the

proposed initiation of reporting of security data in the National

Transit Database (Section 15) for the 1995 Report Year, including the

existing availability of the data, costs involved, and the relationship

of the proposed reporting requirements to other crime reporting

systems, for example, the Federal Bureau of Investigation's Uniform

Crime Reporting System (UCR), etc.

DATES: Written comments must be received on or before December 8, 1994.

ADDRESSES: Comments should be sent to Docket Number 94-D, Room 9316,

Office of Chief Counsel, Federal Transit Administration, 400 Seventh

Street SW., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Edward Fleischman, Director, Office of

Capital and Formula Assistance (202) 366-1662 or Marvin Futrell, Chief,

Audit Review and Analysis Division, (202) 366-6471.

SUPPLEMENTARY INFORMATION:

A. Background

The National Transit Database (Section 15) Transit Safety Form

(405) for Report Year 1995 is proposed to be expanded. The FTA seeks to

collect security information as part of its annual National Transit

Database reporting system, the Uniform System of Accounts and Records

and Reporting System. Among other things, the Omnibus Anti-Crime

legislation (Pub. L. 103-322), signed by President Clinton on September

13, 1994, reinforces the need to fight crime and to increase security

in existing and future transportation systems.

Moreover, FTA's Strategic Plan includes a strategy to ``Maximize

Security and Safety of Transit Systems for Service Users''. The first

goal under this strategy is to improve personal security.

FTA's regulation regarding the Uniform System of Accounts and

Records and Reporting System is at 49 CFR part 630. In particular, 49

CFR part 630(c) provides that the Reporting System is subject to

periodic revision, and that a Notice of certain changes or revisions

will be published in the Federal Register.

Accordingly, set forth below is a summary of the new data and draft

of the proposed reporting form the FTA proposes to include in the

information that must be sent to FTA as part of the Section 15 annual

report. This information will be mailed to grantees early in 1995, and

may include changes in response to comments to this Notice. FTA

particularly seeks comments on the scope of the draft form and the

adequacy of the information being sought. Comments are sought on how

much the data should be stratified and whether there should be

thresholds for reporting based on a transit system's size.

B. Description of New Security Elements for Section 15 Reporting

The Security data are proposed to be expanded to include security

data reported by location, i.e., In Vehicle, In Station and In Other

Transit Property; and by type of offense, i.e., Arson, Assault,

Burglary, Homicide, Larceny/Theft, Motor Vehicle Theft, Robbery, Sex

Offenses/Forcible, Vandalism, Loitering/Vagrancy, Disorderly Conduct,

Driving Under the Influence (DUI), Drunkenness, Trespass, and Fare

Evasion. The data would be reported by incidents, fatalities and

injuries for each directly operated or purchased transportation mode

and also by both patron and non-patron.

The proposed form is as follows:

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TN08NO94.016

TN08NO94.017

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Definitions relating to location of an incident would be as

follows:

In Vehicle--An incident occurring within a transit agency revenue

vehicle.

In Station--An incident occurring at a transit station or stop.

Other Transit Property--An incident occurring at facilities which

are directly controlled by a transit agency (agency is responsible for

cleaning or maintaining) or provided to a transit agency for its use by

another public or private entity (formal/informal agreement with the

owner wherein services or facilities are provided to benefit the

transit agency) other than stations and vehicles.

Definitions relating to type of incident would be as follows:

Incident--Security related occurrence involving fatalities,

injuries or property damage.

Fatality--A death confirmed within 30 days directly related to a

security incident.

Injury--Any physical damage or harm to a person which results in

the need for medical treatment related to a security incident.

Definitions relating to type of offense would be as follows:

Group A--Offenses perpetrated against other individuals or

property.

Arson--To unlawfully and intentionally damage, or attempt to

damage, any real or personal property by fire or incendiary device.

Assault--An unlawful attack by one person upon another.

Burglary--The unlawful entry into a building or other structure

with the intent to commit a felony or a theft.

Homicide--The killing of one or more human being(s) by another.

Larceny/Theft--The unlawful taking, carrying, leading or riding

away of property from the possession, or constructive possession, of

another person.

Motor Vehicle Theft--The theft of a motor vehicle. Note: A ``motor

vehicle'' is a self-propelled vehicle that runs on the surface of land

and not on rails, and which fits one of the following property

descriptions: automobiles, buses, recreational vehicles, trucks, or

other.

Robbery--The taking, or attempting to take, anything of value under

confrontational circumstances from the control, custody, or care of

another person by force or threat of force or violence and/or by

putting the victim in fear of immediate harm.

Sex Offenses, Forcible--Any sexual act directed against another

person, forcibly and/or against that person's will; or, not forcibly or

against the person's will where the victim is incapable of giving

consent.

Vandalism--To willfully or maliciously destroy, damage, deface, or

otherwise injure real or personal property without the consent of the

owner or person having custody or control of it.

Group B--Offenses not involving other individuals or property.

Loitering/Vagrancy--The violation of a court order, regulation,

ordinance or law requiring the withdrawal of persons from the streets

or other specified areas; prohibiting persons from remaining in an area

or place in an idle or aimless manner; or prohibiting persons from

going from place to place without visible means of support. Note: This

offense includes ``Begging'' and ``Vagabondage''. Persons prosecuted on

charges of being a ``Suspicious Character'', ``Suspicious Person'',

etc., are also to be included.

Disorderly Conduct--Any behavior that tends to disturb the public

peace or decorum, scandalize the community, or shock the public sense

or morality.

Driving Under the Influence (DUI)--Driving or operating a motor

vehicle or common carrier while mentally or physically impaired as the

result of consuming an alcoholic beverage or using a drug or narcotic.

Drunkenness--To drink alcoholic beverages to the extent that one's

mental faculties and physical coordination are substantially impaired.

Note: This offense includes ``Drunk and Disorderly'', ``Common

Drunkard'', ``Habitual Drunkard'', and ``Intoxication''.

Trespass--To unlawfully enter land, a dwelling, or other real

property.

Fare Evasion--The unlawful use of transit facilities by riding

without paying the applicable fare.

Issued on: November 3, 1994.

Gordon J. Linton,

Administrator.

[FR Doc. 94-27677 Filed 11-7-94; 8:45 am]

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