Current through Register Vol. 63, No. 3, March 1, 2024
(1) OAR
741-065-0010 through 741-065-0110 establish a state safety oversight program
that applies to all rail transit agencies (RTAs) that own or operate rail fixed
guideway public transportation systems (RFGPTS) in Oregon that do not receive
federal funds and are not subject to regulation by the Federal Transit
Administration (FTA) or the Federal Railroad Administration (FRA).
(2) The Oregon Department of Transportation
(ODOT) is designated as the state safety oversight agency (SSOA) for the State
of Oregon, in accordance with ORS
824.045.
(3) OAR 741-065-0010 through 741-065-0110
apply to all rail transit agencies (RTAs) that own or operate RFGPTS in the
State of Oregon and that do not receive federal funds.
(4) RTAs shall provide written certification
of compliance with these rules to the SSOA a minimum of 90 days prior to
beginning new revenue operations or revenue operations on an expanded or
modified RFGPTS.
(5) In carrying
out its authority, the SSOA may:
(a) Monitor,
inspect, investigate and enforce the safety of an RFGPTS;
(b) Conduct inspections, investigations,
employee interviews, audits, examinations, and require testing of equipment,
facilities, rolling stock, and operations of the RFGPTS;
(c) Review, approve, oversee, audit and
enforce the implementation of and compliance with the system safety program
plan, the system security plan, the emergency preparedness and response plan
and RTA rules, standards, policies and procedures;
(d) Make reports and issue directives with
respect to the safety of the RFGPTS;
(e) Investigate public transportation events
and provide guidance to RTAs regarding prevention of events;
(f) Take, in conjunction with an event or
complaint investigation, or an inspection or audit, or an investigation into a
pattern or practice of conduct that negatively affects public safety, the
statement of any employee or contractor of an RTA;
(g) Require the production of documents,
camera footage, audio recordings and data downloaded from electronic devices
and recorders from an RTA and its employees or contractors;
(h) Prescribe recordkeeping and reporting
requirements for an RTA;
(i) Enter
RTA property to conduct announced and unannounced inspections of equipment,
facilities, infrastructure, rolling stock, operations and relevant
records;
(j) Remove a vehicle,
equipment or track segment from service;
(k) Suspend operations of the RFGPTS and
issue civil penalties against RTAs for non-compliance with these or transit
agency safety rules; and
(L) Issue
civil penalties against individual RTA employees only for willful violation of
these or transit agency safety rules.
(6) All materials containing sensitive
security information as defined in OAR 741-065-0020(35), must be identified as
follows:
(a) In the case of paper records
containing sensitive security information, a covered person must mark the
record by placing the protective marking conspicuously on the top, and the
distribution limitation statement on the bottom, of:
(A) The outside of any front and back cover,
including a binder cover or folder, if the document has a front and back
cover;
(B) Any title page;
and
(C) Each page of the
document.
(b) The
protective marking is: SENSITIVE SECURITY INFORMATION.
(c) The distribution limitation statement is:
WARNING: This record contains Sensitive Security Information that is controlled
under 49 CFR parts 15 and 1520. No part of this record may be disclosed to
persons without a "need to know,'' as defined in 49 CFR parts 15 and 1520,
except with the written permission of the Administrator of the Transportation
Security Administration or the Secretary of Transportation. Unauthorized
release may result in civil penalty or other action. For U.S. government
agencies, public disclosure is governed by
5
U.S.C. 552 and 49 CFR parts 15 and
1520.
(d) In the case of non-paper
records that contain sensitive security information, including motion picture
films, videotape recordings, audio recording, and electronic and magnetic
records, a covered person must clearly and conspicuously mark the records with
the protective marking and the distribution limitation statement such that the
viewer or listener is reasonably likely to see or hear them when obtaining
access to the contents of the record.
Statutory/Other Authority: ORS
184.619,
192.502,
823.011,
824.045,
824.990, 49 CFR
15 & 49 CFR 1520
Statutes/Other Implemented: ORS
183.745
& 824.045
