741-065-0010 General Provisions (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 History: RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021