FEDERAL TRANSIT ADMINISTRATION CHARTER BUS NEGOTIATED RULEMAKING ADVISORY COMMITTEE

1. FEDERAL TRANSIT ADMINISTRATION CHARTER BUS NEGOTIATED RULEMAKING ADVISORY COMMITTEE UPDATE PRESENTED BY DAVID SPACEK ILLINOIS DOT MTAP WINTER CONFERENCE-2006 SAN FRANCISCO, CA

3. CONGRESSIONAL ISSUES ARE THERE POTENTIAL LIMITED CONDITIONS UNDER WHICH PUBLIC TRANSIT AGENCIES CAN PROVIDE COMMUNITY-BASED CHARTER SERVICE DIRECTLY TO LOCAL GOVERNMENTS AND PRIVATE NON-PROFIT AGENCIES THAT WOULD NOT OTHERWISE BE SERVED IN A COST EFFICTIVE MANNER BY PRIVATE OPERATORS? HOW CAN THE ADMINISTRATION AND ENFORCEMENT OF CHARTER BUS PROVISIONS BE BETTER COMMUNICATED TO THE PUBLIC, INCLUDING THE USE OF INTERNET TECHNOLOGY? HOW CAN THE ENFORCEMENT OF VIOLATION OF THE CHARTER BUS REGULATIONS BE IMPROVED? HOW CAN THE CHARTER COMPLAINT AND ADMINISTRATIVE APPEALS PROCESS BE IMPROVED?

4. GENERAL OBSERVATIONS THERE IS NO TRUST BETWEEN THE PUBLIC AND PRIVATE SECTOR THERE IS NO TRUST BETWEEN THE PRIVATE AND PUBLIC SECTOR AND THE FTA FTA ADMINISTRATIVE STAFF WERE VERY CONDENSENDING AND UNIFORMED AT TIMES. WE HAVE DEALT WITH THE LOW HANGING FRUIT BUT CANNOT SEEM TO AGREE ON HOW TO ATTACK THE BIG ISSUE-REDEFINITION OF CHARTER BUS

5. GENERAL OBSERVATIONS FTA STAFF HAS NO REAL CONCEPT OF HOW RURAL WORKS AND WHAT TO DO ABOUT INDIAN TRIBES PUBLICS ARE DOING �CHARTER� AND PRIVATES ARE DOING �PUBLIC TRANSPORTATION� SPECIAL EVENTS A BIG STUMBLING BLOCK FORMAT SHIFTED FROM DISCUSSION OF THE 8 ISSUES TO REGULATORY TEXT WHAT SHOULD THE PUBLIC�S DO WITH THE CHANGE IN CONGRESS FROM REPUBLICAN TO DEMOCRATIC CONTROL.

6. DEFINITION OF PUBLIC TRANSPORTATION �THE TERM �PUBLIC TRANSPORTATION� MEANS TRANSPORTATION BY A CONVEYANCE THAT PROVIDES REGULAR AND CONTINUING GENERAL OR SPECIAL TRANSPORTATION TO THE PUBLIC, BUT DOES NOT INCLUDE SCHOOL BUS, CHARTER, INTERCITY BUS TRANSPORTATION OR INTERCITY RAIL TRANSPORTATION PROVIDED BY THE ENTITY DESCRIBED IN CHAPTER 243 (AMTRAK)� PRIVATE SECTOR ISSUE: HOW TO DEFINE REGULAR AND CONTINUING-SPECIAL EVENTS SUCH AS GOLF TORNAMENT OR FLOWER SHOW

7. DEFINITION OF CHARTER SERVICE �TRANSPORTATION USING BUSES OR VANS, OR FACILITIES FUNDED UNDER THE ACTS OF A GROUP OF PERSONS WHO PURSUANT TO A COMMON PURPOSE, UNDER A SINGLE CONTRACT, AT A FIXED CHARGE FOR THE VEHICLE OR SERVICE, HAS AQUIRED THE EXCLUSIVE USE OF THE VEHICLE TO TRAVEL TOGETHER UNDER AN INTINERARY EITHER SPECIFIED IN ADVANCE OR MODIFIED AFTER HAVING LEFT THE PLACE OF ORIGIN� PRIVATE ISSUE-TO NARROW A DEFINITION PUBLIC ISSUE- HOW TO HANDLE GOVERNMENTAL OFFICIALS THAT WANT TO USE A BUS FOR VARIOUS FUCTIONS OR MOVEMENT OF PUBLIC TRANSIT EMPLOYEES

8. ISSUE 7: REVIEW AND CLARIFY, AS NECESSARY, THE DEFINITION OF REGULATORY TERMS EVERYONE AGREED AT THE FIRST MEETING THAT THE �CHARTER� DEFINITION WAS DIFFICULT TO UNDERSTAND AND SHOULD BE SIMPLIFIED THERE HAS BEEN A LOT OF DISCUSSION OF THE DEFINITON OF �CHARTER� BUT NO CLEAR CONSENSUS GOING INTO THE LAST MEETING THE PUBLIC SECTOR DOES NOT WANT THE DEFINITION TO BE CHANGED RON BAUMGARTEN (RIVER CITIES TRANSIT IN SD) AND I ARE PUSHING FOR A SIMPLIER WAY TO DETERMINE WHAT IS CHARTER

10. ISSUE 1: ARE THERE POTENTIAL LIMITED CONDITIONS UNDER WHICH PUBLIC TRANSIT AGENCIES CAN PROVIDE COMMUNITY-BASED CHARTER SERVICES TO LOCAL GOVERNMENTS AND PRIVATE NON-PROFIT AGENCIES THAT WOULD NOT OTHERWISE BE SERVED IN A COST-EFFECTIVE MANNER BY PRIVATE OPERATORS Public Transit Caucus proposed: �A recipient may provide �community based transportation� within its service area on an incidental basis. Community based transportation means Charter service to 1) a supporting governmental entity; or 2) private non-profit exempt from taxation, or a faith based organization that is registered on the FTA charter website, or 3) a qualified social service agency under Appendix A of 49 CFR part 604. Private Sector thought this was too broad. They also suggested a cap on the number of hours to simplify things. Public Sector said that we needed to define �Charter� before we could discuss caps (here we go loop de loop) Big issues are university transportation and transportation to and from special events Private Sector wants �first bite of the apple�

11. ISSUE 2: HOW CAN THE ADMINISTRATION AND ENFORCEMENT OF CHARTER BUS PROVISIONS BE BETTER COMMUNICATED TO THE PUBLIC FROM MY PERSPECTIVE IT STARTS WITH A CLEAR UNDERSTANBLE DEFINITION OF �CHARTER� EARLY DISCUSSIONS CENTERED AROUND BETTER COMMUNICATION BY FTA TO GRANTEES THROUGH SOME SORT OF FTA WEB BASED SYSTEM AND HIGHER PROFILE AT TRI-ANNUAL REVIEWS IS NOT PART OF DRAFT REGULATIONS

12. ISSUE 3: HOW CAN THE ENFORCEMENT OF VIOLATION OF THE CHARTER BUS REGULATIONS BE IMPROVED CLEAR DEFINITION OF �CHARTER BUS� TAKE THE COMPLAINT PROCESS OUT OF THE FTA REGIONS PROVIDE FOR A DE NOVO (FIRST TIME) APPEALS TO THE FTA ADMINISTRATOR MAINTAIN ALL CHARTER RULE DECISIONS IN A SEARCHABLE DATABASE ON THE FTA WEBSITE

13. ISSUE 4: HOW CAN THE CHARTER COMPLAINT AND ADMINISTRATIVE APPEALS PROCESS BE IMPROVED TWO TYPES OF COMPLAINT PROCESSES HAVE BEEN DISCUSSED THE FIRST IS WHERE FTA INITIATES AN INVESTIGATION THE SECOND IS WHERE THE PUBLIC OR PRIVATE SECTOR INITIATES A COMPLAINT BOTH INVOLVE THE USE OF AN ADMINISTRATIVE LAW JUDGE TO RESOLVE THE COMPLAINT. FTA IS PUSHING THIS, IT IS SUPPORTED BY THE PRIVATE SECTOR, BUT PUBLIC SECTOR IS NOT SURE. I RAISED THE ISSUE THAT IN THE SECOND CASE THIS COULD BE BURDONSOME ON RURAL OR SMALL URBAN SYSTEMS

16. ISSUE 5: A NEW PROCESS FOR DETERMINING IF THERE ARE ANY PRIVATE CHARTER BUS COMPANIES WILLING AND ABLE TO PROVIDE SERVICE THAT WOULD UTILIZE ELECTRONIC NOTIFICATION AND RESPONSE WITHIN 72 HRS FTA, PUBLIC SECTOR AND PRIVATE SECTOR ALL AGREED ON A FTA WEB BASED REGISTRATION LIST FOR TRANSIT AGENCIES, PRIVATE CHARTER COMPANIES, AND CERTAIN SOCIAL SERVICE ENTITIES ALL UPCOMING CHARTERS WOULD BE POSTED ON WEB SITE TO MEET 72 HR TIMEFRAME PUBLIC AND PRIVATE SECTOR OPERATORS COULD PETITION THE FTA TO HAVE ANY PRIVATE SECTOR COMPANY OR SOCIAL SERVICE AGENCY REMOVED FROM THE REGISTRATION LIST STILL AN ISSUE FOR RURAL AS TO WHAT CONSTITUTES �TO FAR TO TRAVEL� BY THE PRIVATE SECTOR DOES COST COME IN TO PLAY WHEN DETERMINING �WILLING AND ABLE�?

18. ISSUE 6: A NEW EXCEPTION FOR TRANSPORTATION OF GOVERNMENT EMPLOYEES, ELECTED OFFICIALS, AND MEMBERS OF THE TRANSIT INDUSTRY TO EXAMINE LOCAL TRANSIT OPERATIONS, FACILITIES AND PUBLIC WORKS. PROPOSED: INTERNAL TRANSPORTATION OF TRANSIT EMPLOYEES AND EMERGENCY RESPONSE PREPAREDNESS ARE EXEMPT FROM CHARTER REGS. (DISCUSSION ON WHAT THIS MEAN FOR RURAL SYSTEMS) EXEMPTION FOR SITE VISITS, INVOLVING CARRING PERSONNEL FROM OUTSIDE THE TRANSIT AGENCY BUT INVOLVED IN OVERSIGHT, INVESTMENT, OR PROJECTS TO AND AROUND TRANSIT PROJECT SITES AND POTENTIAL SITES-INCLUDES THE TRANSPORTATION OF ELECTED OFFICIALS OF ANY GOVERNMENT LEVEL STILL DISCUSSING HOW TO DOCUMENT THESE TRIPS SEEMS TO BE SOME LEVEL OF AGREEMENT BETWEEN PUBLIC AND PRIVATE SECTOR ON THIS ISSUE

19. WHERE WE STAND FTA HAS DRAFTED PROPOSED REGULATORY TEXT THAT WE HAVE BEEN GOING THROUGH LINE BY LINE THAT ADDRESS ISSUES 1, 3, 4, 5, AND 6. HAVE STARTED WITH THE EASY ONES TO GET SOME AGREEMENT AND THEN WORKING TOWARDS THE DIFFICULT ONES. I HAVE LITTLE CONFIDENCE THAT WE WILL REACH CONSENSUS ON A REVISED DEFINITION OF �CHARTER� AND FTA WILL END UP DRAFTING PROPOSED LANGUAGE.