49 U.S.C. § 5908 — Relationship to other laws

Page 394 TITLE 49—TRANSPORTATION § 5908 Editorial Notes REFERENCES IN TEXT The date of enactment of the Intermodal Safe Con- tainer Transportation Amendments Act of 1996, re- ferred to in text, is the date of enactment of Pub. L. 104–291, which was approved Oct. 11, 1996. AMENDMENTS 1996—Pub. L. 104–291 substituted ‘‘Effective date’’ for ‘‘Regulations and effective date’’ in section catchline and amended text generally. Prior to amendment, text read as follows: ‘‘(a) REGULATIONS.—Not later than July 25, 1993, the Secretary of Transportation shall prescribe final regu- lations to enforce this chapter. The Secretary may es- tablish by regulation exemptions to the regulations that are in the public interest and consistent with the purposes of this chapter. ‘‘(b) EFFECTIVE DATE.—This chapter is effective on the date final regulations to enforce this chapter are prescribed.’’ § 5908. Relationship to other laws Nothing in this chapter affects— (1) chapter 51 (relating to transportation of hazardous material) or the regulations pro- mulgated under that chapter; or (2) any State highway weight or size law or regulation applicable to tractor-trailer com- binations. (Added Pub. L. 104–291, title II, § 209(a), Oct. 11, 1996, 110 Stat. 3458.) CHAPTER 61—ONE-CALL NOTIFICATION PROGRAMS Sec. 6101. Purposes. 6102. Definitions. 6103. Minimum standards for State one-call notifi- cation programs. 6104. Compliance with minimum standards. 6105. Implementation of best practices guidelines. 6106. Grants to States. 6107. Funding. 6108. Relationship to State laws. 6109. Public education and awareness. Editorial Notes AMENDMENTS 2016—Pub. L. 114–183, § 2(c)(2), June 22, 2016, 130 Stat. 516, substituted ‘‘Funding’’ for ‘‘Authorization of appro- priations’’ in item 6107. 2006—Pub. L. 109–468, § 3(b), Dec. 29, 2006, 120 Stat. 3490, added item 6109. 2002—Pub. L. 107–355, § 2(c)(2), Dec. 17, 2002, 116 Stat. 2986, substituted ‘‘Implementation of best practices guidelines’’ for ‘‘Review of one-call system best prac- tices’’ in item 6105. § 6101. Purposes The purposes of this chapter are— (1) to enhance public safety; (2) to protect the environment; (3) to minimize risks to excavators; and (4) to prevent disruption of vital public serv- ices, by reducing the incidence of damage to under- ground facilities during excavation through the voluntary adoption and efficient implementa- tion by all States of State one-call notification programs that meet the minimum standards set forth under section 6103. (Added Pub. L. 105–178, title VII, § 7302(a), June 9, 1998, 112 Stat. 478.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of duties, powers, and authority of Re- search and Special Programs Administration under this chapter to the Administrator of the Pipeline and Haz- ardous Materials Safety Administration, see section 2(b) of Pub. L. 108–426, set out as a note under section 108 of this title. CONGRESSIONAL FINDINGS Pub. L. 105–178, title VII, § 7301, June 9, 1998, 112 Stat. 477, provided that: ‘‘Congress finds that— ‘‘(1) unintentional damage to underground facilities during excavation is a significant cause of disrup- tions in telecommunications, water supply, electric power, and other vital public services, such as hos- pital and air traffic control operations, and is a lead- ing cause of natural gas and hazardous liquid pipeline accidents; ‘‘(2) excavation that is performed without prior no- tification to an underground facility operator or with inaccurate or untimely marking of such a facility prior to excavation can cause damage that results in fatalities, serious injuries, harm to the environment and disruption of vital services to the public; and ‘‘(3) protection of the public and the environment from the consequences of underground facility dam- age caused by excavations will be enhanced by a co- ordinated national effort to improve one-call notifi- cation programs in each State and the effectiveness and efficiency of one-call notification systems that operate under such programs.’’ § 6102. Definitions In this chapter, the following definitions apply: (1) ONE-CALL NOTIFICATION SYSTEM.—The term ‘‘one-call notification system’’ means a system operated by an organization that has as 1 of its purposes to receive notification from excavators of intended excavation in a specified area in order to disseminate such no- tification to underground facility operators that are members of the system so that such operators can locate and mark their facilities in order to prevent damage to underground fa- cilities in the course of such excavation. (2) STATE ONE-CALL NOTIFICATION PROGRAM.— The term ‘‘State one-call notification pro- gram’’ means the State statutes, regulations, orders, judicial decisions, and other elements of law and policy in effect in a State that es- tablish the requirements for the operation of one-call notification systems in such State. (3) STATE.—The term ‘‘State’’ means a State, the District of Columbia, and Puerto Rico. (4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Transportation. (Added Pub. L. 105–178, title VII, § 7302(a), June 9, 1998, 112 Stat. 478.) § 6103. Minimum standards for State one-call no- tification programs (a) MINIMUM STANDARDS.— (1) IN GENERAL.—In order to qualify for a grant under section 6106, a State one-call noti- fication program, at a minimum, shall provide for—