1. (a) Accident notification.

   1. (1) Each rail transit agency shall notify the department within two (2) hours of any incident involving a rail transit vehicle or taking place on rail transit controlled property where one or more of the following occurs:

      1. (A) a fatality at the scene; or where an individual is confirmed dead within thirty (30) days of a rail transit-related incident;
      2. (B) injuries requiring immediate medical attention away from the scene for two or more individuals;
      3. (C) property damage to rail transit vehicles, non-rail transit vehicles, other rail transit property or facilities and non-transit property that equals or exceeds $25,000;
      4. (D) an evacuation due to life safety reasons;
      5. (E) a collision at a grade crossing;
      6. (F) a main-line derailment;
      7. (G) a collision with an individual on a rail right of way; or
      8. (H) a collision between a rail transit vehicle and a second rail transit vehicle, or a rail transit non-revenue vehicle.
   2. (2) The rail transit agencies that share track with the general railroad system and are subject to the Federal Railroad Administration notification requirements, shall notify the department within two (2) hours of an incident for which the rail transit agency must also notify the Federal Railroad Administration.

2. (b) Corrective action plans.

   1. (1) Each rail transit agency must, at a minimum, develop a corrective action plan for the following:

      1. (A) results from investigations, in which identified causal and contributing factors are determined by the rail transit agency, or the department, as requiring corrective actions; and
      2. (B) findings from safety and security reviews performed by the department.
   2. (2) Each corrective action plan should identify the action to be taken by the rail transit agency, an implementation schedule, and the individual or department responsible for the implementation.
   3. (3) The corrective action plan must be reviewed and formally approved by the department.

   4. (4) The rail transit agency must provide the department:

      1. (A) verification that the corrective action(s) has been implemented as described in the corrective action plan, or that a proposed alternate action has been implemented subject to department review and approval; and
      2. (B) periodic reports requested by the department, describing the status of each corrective action not completely implemented, as described in the corrective action plan.

   5. (5) In the event of a dispute concerning the department's decision related to a corrective action plan, a rail transit agency shall submit an application for administrative review to the following address: Director, Rail Division, Texas Department of Transportation, 125 E. 11th Street, Austin, Texas 78701-2483. The application for administrative review shall be submitted no later than 30 days after receipt of the written decision.

      1. (A) Application. The application for administrative review shall, at a minimum:

         1. (i) state and explain the relief requested;
         2. (ii) state and explain all relevant facts; and
         3. (iii) state and explain the legal basis for the relief sought.
      2. (B) Decision. The division director shall decide whether to grant, grant in part, or deny the application. If an applicant does not provide information sufficient to evaluate the application, the application shall be denied. The applicant is not entitled to a contested case hearing, and there is no right to appeal the decision of the division director.

Source Note:The provisions of this §7.86 adopted to be effective May 19, 2011, 36 TexReg 3110.