(a) Annually, each rail transit agency shall conduct an internal review of its system safety program plan to ensure that all elements of the system safety program plan are performing as intended.     
      (b) The internal review process must, at a minimum:      
        (1) describe the process used by the rail transit agency to determine if all identified elements of its system safety program plan are performing as intended;       
        (2) ensure that all elements of the system safety program plan are reviewed in an ongoing manner; and       
        (3) include checklists or procedures that the rail transit agency will use for the review.       
      (c) The rail transit agency shall notify the department at least 60 days before the day of conducting the internal safety review. This notification must include any checklists or procedures that will be used during the review.     
      (d) The rail transit agency shall permit the department to participate in or observe the on-site portions of the rail transit agency's internal review.     
      (e) Before February 1 of each year, the rail transit agency shall submit a report documenting internal safety review activities that have been performed since the last report and the findings and status of corrective actions.     
      (f) The annual report must be accompanied by a formal letter, signed by the rail transit agency's chief executive, that:      
        (1) certifies that the rail transit agency is in compliance with its system safety program plan; or       
        (2) if the rail transit agency determines that the findings from its internal safety review indicate that it is not in compliance with its system safety program plan, states that the rail transit agency is not in compliance with its system safety program plan, specifies each noncompliance issue, the activities that the rail transit agency will take to achieve compliance, the date that those activities will be completed, and the projected date that compliance with the plan will be achieved.       
     Source Note:        The provisions of this §7.87 adopted to be effective February 19, 2020, 45 TexReg 1041