§60114. One-call notification systems

(a) Minimum Requirements.-The Secretary of Transportation shall prescribe regulations providing 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 following:

(1) a requirement that the system apply to all areas of the State containing underground pipeline facilities.

(2) a requirement that a person intending to engage in an activity the Secretary decides could cause physical damage to an underground 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 underground pipeline facilities participate in an appropriate one-call notification system.

(4) qualifications for an operator of a facility, 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 operator 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, 60122, and 60123 of this title.

(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.

(c) 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 vicinity of a pipeline facility, the operator of the facility shall mark accurately, in a reasonable and timely way, the location of the pipeline facilities in the vicinity of the demolition, excavation, tunneling, or construction.

(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.

(e) Relationship to Other Laws.-This section and regulations prescribed under this section 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.

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1318 .)

Historical and Revision Notes

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 .
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 systems" 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 entitled" for clarity and consistency.

Section Referred to in Other Sections

This section is referred to in sections 60105, 60122, 60123, 60125 of this title.