§ 126.203. Calculating APO.

 (a)  Each employer shall conduct an annual evaluation of its employe population to identify each employe who reports to work during the peak travel period.

 (b)  Each employer shall conduct an annual survey of the employes identified in subsection (a) as follows:

   (1)  Employers with equal to or greater than 1,000 employes at the worksite shall either conduct a survey following the requirements of paragraph (2) or a statistically based probability survey that provides a 95% confidence level that the information gathered is an accurate representation of the affected employe population. If the number of employes responding to the survey is insufficient to establish a 95% confidence level, employes who do not respond to the survey shall be counted as arriving to work as a single occupant of a vehicle during the peak travel period.

   (2)  Employers with fewer than 1,000 employes at the worksite shall survey all employes identified in subsection (a). Employes who do not respond to the survey shall be counted as arriving to work as a single occupant of a vehicle during the peak travel period.

   (3)  The annual employer survey shall be conducted during the months of April—September. The survey shall cover 5 consecutive days, Monday—Friday inclusive, representing a typical week for the employer’s business. The survey may not include public holidays during or bordering the weekend on either side of the selected week nor include special ride share promotions.

 (c)  Each employer shall use the results of the annual survey to calculate the employer’s APO for that year. In calculating the APO:

   (1)  Except as provided in paragraph (2), vehicles driven by the only occupant and vehicles with eight or fewer adult seating positions shall be counted proportionately. For example, an employe who drives to work alone is counted as an employe reporting to work that day in one vehicle. Another employe who shares a ride with two employes would be counted as having reported to work that day in 1/3 of a vehicle. A third employe who arrives by a bus would be counted as having reported to work in zero vehicles for that day.

   (2)  A vehicle carrying employes of different companies is allocated in the vehicle counts of those companies proportionately. If, for example, a vehicle carries one employe from employer A and three employes from employer B, each employe would arrive in 1/4 of a vehicle.

   (3)  Children that are dropped off at a day care facility are counted as occupants in a vehicle. Therefore, a parent that drops off two children at a child care facility en route to the worksite will be counted as having reported to work in 1/3 of a vehicle.

   (4)  If an employe is dropped off at the worksite by a vehicle that is not continuing to another worksite, that employe is counted as having driven alone in a single vehicle.

   (5)  An employe who telecommutes and spends the entire day at home is included in the employe count for that day and assigned a zero vehicle count for that day.

   (6)  A full-time employe on a compressed work week schedule is to be included in the employe count for the compressed week days off and assigned a zero vehicle count on those days.

   (7)  An employe who walks, rides a bicycle or uses other human-powered transportation for the employe’s entire trip to the worksite is assigned a zero vehicle count for that day.

   (8)  A vehicle is included in the employer’s vehicle count if it is parked at the worksite, or drops the employe off at the worksite, or if the vehicle is parked at a location from which the employe walks to the worksite.

   (9)  Vehicles left at transit terminals, bus stops or car pool formation points more than 2 miles from the worksite are not counted in the employer’s vehicle count.

   (10)  A transitional low emission vehicle shall be counted as 9/10 of a vehicle for purposes of calculating APO.

   (11)  A low emission vehicle shall be counted as 1/2 of a vehicle for purposes of calculating APO.

   (12)  An ultra low emission vehicle shall be counted as 4/10 of a vehicle for purposes of calculating APO.

   (13)  Bus transportation serving as a bus pool may not be counted as a vehicle for purposes of calculating APO.

 (d)  The results of the annual employer survey shall be recorded on a form provided by or approved by the Department. The survey form will include:

   (1)  Employer information.

     (i)   The name, location, address and telephone number of the worksite.

     (ii)   The mailing address of the employer.

     (iii)   Applicable Standard Industrial Classification codes for the worksite.

     (iv)   The APO for the worksite.

     (v)   The name of the transportation coordinator and other persons who assist the employer in the development and implementation of the employer trip reduction plan at the worksite.

     (vi)   The name of the owner, chief executive officer or highest ranking responsible official at the worksite and an address and telephone number for that individual.

     (vii)   The location at which records described in §  126.204(d) (relating to developing the employer trip reduction plan) are kept.

   (2)  Employe information:

     (i)   The total number of employes reporting to the worksite.

     (ii)   The total number of employes reporting to the worksite during the peak travel period.

     (iii)   The number of full-time and part-time employes reporting to work during the peak travel period who:

       (A)   Drive alone in a vehicle, including a taxi with one passenger or a motorcycle or moped.

       (B)   Are dropped off by another person not going to work.

       (C)   Car pool.

       (D)   Van pool.

       (E)   Use public transportation.

       (F)   Ride a bicycle or use other human powered transportation.

       (G)   Walk.

       (H)   Work at home.

       (I)   Use other methods of reporting to work.

     (iv)   For employes who come to work in a vehicle, the number of employes who stop to drop off a child at a day care facility and the number of children dropped off at those facilities.

     (v)   For employes who report to work in a car pool or van pool, the number of other people normally in the car pool or van pool.

   This section cited in 25 Pa. Code §  126.202 (relating to general); and 25 Pa. Code §  126.204 (relating to developing the employer trip reduction plan).