49 U.S.C. § 60114 — One-call notification systems

Page 1773 TITLE 49—TRANSPORTATION § 60114 tions (including legislative recommendations) regard- ing maintenance of customer-owned natural gas service lines.’’ § 60114. One-call notification systems (a) MINIMUM REQUIREMENTS.—The Secretary of Transportation shall prescribe regulations pro- viding minimum requirements for establishing and operating a one-call notification system for a State to adopt that will notify an operator of a pipeline facility of activity in the vicinity of the facility that could threaten the safety of the facility. The regulations shall include the fol- lowing: (1) a requirement that the system apply to all areas of the State containing underground pipeline facilities. (2) a requirement that a person, including a government employee or contractor, intending to engage in an activity the Secretary decides could cause physical damage to an under- ground facility must contact the appropriate system to establish if there are underground facilities present in the area of the intended activity. (3) a requirement that all operators of un- derground pipeline facilities participate in an appropriate one-call notification system. (4) qualifications for an operator of a facil- ity, a private contractor, or a State or local authority to operate a system. (5) procedures for advertisement and notice of the availability of a system. (6) a requirement about the information to be provided by a person contacting the system under clause (2) of this subsection. (7) a requirement for the response of the op- erator of the system and of the facility after they are contacted by an individual under this subsection. (8) a requirement that each State decide whether the system will be toll free. (9) a requirement for sanctions substantially the same as provided under sections 60120 and 60122 of this title. (b) MARKING FACILITIES.—On notification by an operator of a damage prevention program or by a person planning to carry out demolition, excavation, tunneling, or construction in the vi- cinity of a pipeline facility, the operator of the facility shall mark accurately, in a reasonable and timely way, the location of the pipeline fa- cilities in the vicinity of the demolition, exca- vation, tunneling, or construction. (c) RELATIONSHIP TO OTHER LAWS.—This sec- tion and regulations prescribed under this sec- tion do not affect the liability established under a law of the United States or a State for damage caused by an activity described in subsection (a)(2) of this section. (d) PROHIBITION APPLICABLE TO EXCAVATORS.— A person who engages in demolition, excavation, tunneling, or construction— (1) may not engage in a demolition, exca- vation, tunneling, or construction activity in a State that has adopted a one-call notifica- tion system without first using that system to establish the location of underground facili- ties in the demolition, excavation, tunneling, or construction area; (2) may not engage in such demolition, exca- vation, tunneling, or construction activity in disregard of location information or markings established by a pipeline facility operator pur- suant to subsection (b); and (3) and who causes damage to a pipeline fa- cility that may endanger life or cause serious bodily harm or damage to property— (A) may not fail to promptly report the damage to the owner or operator of the facil- ity; and (B) if the damage results in the escape of any flammable, toxic, or corrosive gas or liq- uid, may not fail to promptly report to other appropriate authorities by calling the 911 emergency telephone number. (e) PROHIBITION APPLICABLE TO UNDERGROUND PIPELINE FACILITY OWNERS AND OPERATORS.— Any owner or operator of a pipeline facility who fails to respond to a location request in order to prevent damage to the pipeline facility or who fails to take reasonable steps, in response to such a request, to ensure accurate marking of the location of the pipeline facility in order to prevent damage to the pipeline facility shall be subject to a civil action under section 60120 or assessment of a civil penalty under section 60122. (f) LIMITATION.—The Secretary may not con- duct an enforcement proceeding under sub- section (d) for a violation within the boundaries of a State that has the authority to impose pen- alties described in section 60134(b)(7) against persons who violate that State’s damage preven- tion laws, unless the Secretary has determined that the State’s enforcement is inadequate to protect safety, consistent with this chapter, and until the Secretary issues, through a rule- making proceeding, the procedures for deter- mining inadequate State enforcement of pen- alties. (g) TECHNOLOGY DEVELOPMENT GRANTS.—The Secretary may make grants to any organization or entity (not including for-profit entities) for the development of technologies that will facili- tate the prevention of pipeline damage caused by demolition, excavation, tunneling, or con- struction activities, with emphasis on wireless and global positioning technologies having po- tential for use in connection with notification systems and underground facility locating and marking services. Funds provided under this subsection may not be used for lobbying or in di- rect support of litigation. The Secretary may also support such technology development through cooperative agreements with trade as- sociations, academic institutions, and other or- ganizations. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1318; Pub. L. 104–287, § 5(91), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 104–304, § 20(d), Oct. 12, 1996, 110 Stat. 3804; Pub. L. 107–355, §§ 3(b), 21(2), Dec. 17, 2002, 116 Stat. 2986, 3010; Pub. L. 109–468, § 2(a)(1), (e), Dec. 29, 2006, 120 Stat. 3486, 3489.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 60114(a) ...... 49 App.:1687(b), (e). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 20(a)–(e); added Oct. 31, 1988, Pub. L. 100–561, § 303(a), 102 Stat. 2814. Page 1774 TITLE 49—TRANSPORTATION § 60115 HISTORICAL AND REVISION NOTES—CONTINUED PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 60114(b) ...... 49 App.:1687(c). 60114(c) ...... 49 App.:1687(h). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 20(h); added Oct. 24, 1992, Pub. L. 102–508, § 304(a), 106 Stat. 3308. 60114(d) ...... 49 App.:1687(a). 60114(e) ...... 49 App.:1687(d). In subsection (a), before clause (1), the words ‘‘Not later than 18 months after October 31, 1988’’ are omitted as obsolete. The words ‘‘as described in subsection (a)’’ are omitted as surplus. In clause (1), the words ‘‘or sys- tems’’ are omitted because of 1:1. In clause (8), the words ‘‘or not’’ are omitted as surplus. In subsection (b), the words ‘‘all of the requirements established under’’ are omitted as surplus. In subsection (c), the words ‘‘contractor, excavator, or other’’ are omitted as surplus. In subsection (d), before clause (1), the words ‘‘When apportioning the amount appropriated to carry out’’ are substituted for ‘‘In making allocations under’’ for consistency with section 60107 of the revised title. In clause (2), the words ‘‘shall withhold part of a payment under section 60107 of this title’’ are substituted for ‘‘such State may not receive the full reimbursement under such sections to which it would otherwise be en- titled’’ for clarity and consistency. PUB. L. 104–287 This amends 49:60114(a)(9) to clarify the restatement of 49 App.:1687(b) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1319), because the require- ment for substantially the same sanctions was not in- tended to include criminal penalties. Editorial Notes AMENDMENTS 2006—Subsecs. (d) to (g). Pub. L. 109–468 added sub- secs. (d) to (g). 2002—Subsec. (a)(2). Pub. L. 107–355, § 3(b), inserted ‘‘, including a government employee or contractor,’’ after ‘‘person’’. Subsecs. (c), (d). Pub. L. 107–355, § 21(2), redesignated subsec. (d) as (c). 1996—Subsec. (a)(9). Pub. L. 104–287 and Pub. L. 104–304, § 20(d)(1), amended par. (9) identically, sub- stituting ‘‘60120 and 60122’’ for ‘‘60120, 60122, and 60123’’. Subsec. (b). Pub. L. 104–304, § 20(d)(2), (3), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: ‘‘(b) GRANTS.—The Secretary may make a grant to a State under this section to develop and establish a one- call notification system consistent with subsection (a) of this section.’’ Subsec. (c). Pub. L. 104–304, § 20(d)(3), redesignated subsec. (c) as (b). Subsecs. (d), (e). Pub. L. 104–304, § 20(d)(2), (3), redesig- nated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: ‘‘(d) APPORTIONMENT.—When apportioning the amount appropriated to carry out section 60107 of this title among the States, the Secretary— ‘‘(1) shall consider whether a State has adopted or is seeking adoption of a one-call notification system under this section; and ‘‘(2) shall withhold part of a payment under section 60107 of this title when the Secretary decides a State has not adopted, or is not seeking adoption of, a one- call notification system.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title. NATIONWIDE TOLL-FREE NUMBER SYSTEM Pub. L. 107–355, § 17, Dec. 17, 2002, 116 Stat. 3008, pro- vided that: ‘‘Within 1 year after the date of the enact- ment of this Act [Dec. 17, 2002], the Secretary of Trans- portation shall, in conjunction with the Federal Com- munications Commission, facility operators, exca- vators, and one-call notification system operators, pro- vide for the establishment of a 3-digit nationwide toll- free telephone number system to be used by State one- call notification systems.’’ § 60115. Technical safety standards committees (a) ORGANIZATION.—The Technical Pipeline Safety Standards Committee and the Technical Hazardous Liquid Pipeline Safety Standards Committee are committees in the Department of Transportation. The committees referred to in the preceding sentence shall serve as peer re- view committees for carrying out this chapter. Peer reviews conducted by the committees shall be treated for purposes of all Federal laws relat- ing to risk assessment and peer review (includ- ing laws that take effect after the date of the enactment of the Accountable Pipeline Safety and Partnership Act of 1996) as meeting any peer review requirements of such laws. (b) COMPOSITION AND APPOINTMENT.—(1) The Technical Pipeline Safety Standards Committee is composed of 15 members appointed by the Sec- retary of Transportation after consulting with public and private agencies concerned with the technical aspect of transporting gas or oper- ating a gas pipeline facility. Each member must be experienced in the safety regulation of trans- porting gas and of gas pipeline facilities or tech- nically qualified, by training, experience, or knowledge in at least one field of engineering applicable to transporting gas or operating a gas pipeline facility, to evaluate gas pipeline safety standards or risk management principles. (2) The Technical Hazardous Liquid Pipeline Safety Standards Committee is composed of 15 members appointed by the Secretary after con- sulting with public and private agencies con- cerned with the technical aspect of transporting hazardous liquid or operating a hazardous liquid pipeline facility. Each member must be experi- enced in the safety regulation of transporting hazardous liquid and of hazardous liquid pipeline facilities or technically qualified, by training, experience, or knowledge in at least one field of engineering applicable to transporting haz- ardous liquid or operating a hazardous liquid pipeline facility, to evaluate hazardous liquid pipeline safety standards or risk management principles. (3) The members of each committee are ap- pointed as follows: (A) 5 individuals selected from departments, agencies, and instrumentalities of the United States Government and of the States. (B) 5 individuals selected from the natural gas or hazardous liquid industry, as appro- priate, after consulting with industry rep- resentatives. (C) 5 individuals selected from the general public. (4)(A) Two of the individuals selected for each committee under paragraph (3)(A) of this sub- section must be State officials. The Secretary shall consult with national organizations rep-