OAR 741-060-0010
General Provisions

(1) OAR 741-060-0010 (General Provisions) through 741-060-0110 (Annual Fee for State Oversight Activities) establish a state safety oversight program that applies to all rail fixed guideway public transportation systems (RFGPTS) in Oregon that are not subject to regulation by the Federal Railroad Administration.
(2) The Department of Transportation is designated as the state safety oversight agency (SSOA) for the State of Oregon, in accordance with 49 U.S.C. 5329.
(3) Federal Transit Administration (FTA) statutes, 49 U.S.C. 5329, and regulations, 49 CFR 674, effective 4⁄15/2016, are hereby adopted by reference as the minimum acceptable standards for oversight of RFGPTS, including those in the process of being designed, engineered, or constructed, that receive federal financial assistance authorized under 49 U.S.C. Chapter 53.
(4) OAR 741-060-0010 (General Provisions) through 741-060-0110 (Annual Fee for State Oversight Activities) apply to all rail transit agencies (RTAs) that own or operate RFGPTS in the State of Oregon.

(5)

All RTAs shall provide written certification of compliance with these rules to the SSOA a minimum of 60 days prior to beginning new revenue operations or revenue operations on an expanded or modified RFGPTS.

(6)

In carrying out its authority, the SSOA may:

(a)

Monitor, inspect, investigate and enforce the safety of a 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 public transportation agency safety plan, the system safety program plan, the system security plan, emergency preparedness 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 accidents and incidents and provide guidance to RTA’s regarding prevention of incidents;

(f)

Take, in conjunction with an event investigation or an investigation into a pattern or practice of conduct that negatively affects public safety, the statement of any employee or contractor of a RTA,

(g)

Require the production of documents, camera footage, audio recordings and data downloaded from electronic devices and recorders from a RTA;

(h)

Prescribe recordkeeping and reporting requirements for a public transportation agency;

(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 penalty against RTA’s 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.
(7) All materials containing sensitive security information as defined in OAR 741-060-0020 (Definitions)(40), 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.

Source: Rule 741-060-0010 — General Provisions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=741-060-0010.

Last Updated

Jun. 8, 2021

Rule 741-060-0010’s source at or​.us