49 C.F.R. Subpart C—Adoption of One-Call Damage Prevention Program
Title 49 - Transportation
This subpart implements parts of the pipeline safety laws (49 U.S.C. 60101 et seq.), which direct the Secretary to require each State to adopt a one-call damage prevention program as a condition to receiving a full grant-in-aid for its pipeline safety compliance program. [Amdt. 198–2, 61 FR 18518, Apr. 26, 1996]
Title 49: Transportation
PART 198—REGULATIONS FOR GRANTS TO AID STATE PIPELINE SAFETY PROGRAMS
Subpart C—Adoption of One-Call Damage Prevention Program
§ 198.31 Scope.
§ 198.33 [Reserved]
§ 198.35 Grants conditioned on adoption of one-call damage prevention program.
In allocating grants to State agencies under the pipeline safety laws, (49 U.S.C. 60101 et seq.), the Secretary considers whether a State has adopted or is seeking to adopt a one-call damage prevention program in accordance with §198.37. If a State has not adopted or is not seeking to adopt such program, the State agency may not receive the full reimbursement to which it would otherwise be entitled.
[Amdt. 198–2, 61 FR 38403, July 24, 1996]
§ 198.37 State one-call damage prevention program.
A State must adopt a one-call damage prevention program that requires each of the following at a minimum:
(a) Each area of the State that contains underground pipeline facilities must be covered by a one-call notification system.
(b) Each one-call notification system must be operated in accordance with §198.39.
(c) Excavators must be required to notify the operational center of the one-call notification system that covers the area of each intended excavation activity and provide the following information:
(1) Name of the person notifying the system.
(2) Name, address and telephone number of the excavator.
(3) Specific location, starting date, and description of the intended excavation activity.
However, an excavator must be allowed to begin an excavation activity in an emergency but, in doing so, required to notify the operational center at the earliest practicable moment.
(d) The State must determine whether telephonic and other communications to the operational center of a one-call notification system under paragraph (c) of this section are to be toll free or not.
(e) Except with respect to interstate transmission facilities as defined in the pipeline safety laws (49 U.S.C. 60101 et seq.), operators of underground pipeline facilities must be required to participate in the one-call notification systems that cover the areas of the State in which those pipeline facilities are located.
(f) Operators of underground pipeline facilities participating in the one-call notification systems must be required to respond in the manner prescribed by §192.614 (b)(4) through (b)(6) of this chapter to notices of intended excavation activity received from the operational center of a one-call notification system.
(g) Persons who operate one-call notification systems or operators of underground pipeline facilities participating or required to participate in the one-call notification systems must be required to notify the public and known excavators in the manner prescribed by §192.614 (b)(1) and (b)(2) of this chapter of the availability and use of one-call notification systems to locate underground pipeline facilities. However, this paragraph does not apply to persons (including operator's master meters) whose primary activity does not include the production, transportation or marketing of gas or hazardous liquids.
(h) Operators of underground pipeline facilities (other than operators of interstate transmission facilities as defined in the pipeline safety laws (49 U.S.C. 60101 et seq.), and interstate pipelines as defined in §195.2 of this chapter), excavators and persons who operate one-call notification systems who violate the applicable requirements of this subpart must be subject to civil penalties and injunctive relief that are substantially the same as are provided under the pipeline safety laws (49 U.S.C. 60101 et seq.).
[55 FR 38691, Sept. 20, 1990, as amended by Amdt. 198–2, 61 FR 18518, Apr. 26, 1996]
§ 198.39 Qualifications for operation of one-call notification system.
A one-call notification system qualifies to operate under this subpart if it complies with the following:
(a) It is operated by one or more of the following:
(1) A person who operates underground pipeline facilities or other underground facilities.
(2) A private contractor.
(3) A State or local government agency.
(4) A person who is otherwise eligible under State law to operate a one-call notification system.
(b) It receives and records information from excavators about intended excavation activities.
(c) It promptly transmits to the appropriate operators of underground pipeline facilities the information received from excavators about intended excavation activities.
(d) It maintains a record of each notice of intent to engage in an excavation activity for the minimum time set by the State or, in the absence of such time, for the time specified in the applicable State statute of limitations on tort actions.
(e) It tells persons giving notice of an intent to engage in an excavation activity the names of participating operators of underground pipeline facilities to whom the notice will be transmitted.
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