
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC60114]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE VIII--PIPELINES
 
                           CHAPTER 601--SAFETY
 
Sec. 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 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 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) \1\ 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.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``(c)''.
---------------------------------------------------------------------------

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1318; Pub. L. 104-
287, Sec. 5(91), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 104-304, 
Sec. 20(d), Oct. 12, 1996, 110 Stat. 3804.)

                                          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. 1
2, 1968, Pub. L. 90-481, 82 Stat.
                                                                          720, 
Sec.  20(a)-(e); added Oct. 31,
                                                                          1988,
 Pub. L. 100-561, Sec.  303(a),
                                                                          102 S
tat. 2814.
60114(b)..............................  49 App.:1687(c).
60114(c)..............................  49 App.:1687(h).                 Aug. 1
2, 1968, Pub. L. 90-481, 82 Stat.
                                                                          720, 
Sec.  20(h); added Oct. 24, 1992,
                                                                          Pub. 
L. 102-508, Sec.  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.


                             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 requirement for substantially the same 
sanctions was not intended to include criminal penalties.


                               Amendments

    1996--Subsec. (a)(9). Pub. L. 104-287 and Pub. L. 104-304, 
Sec. 20(d)(1), amended par. (9) identically, substituting ``60120 and 
60122'' for ``60120, 60122, and 60123''.
    Subsec. (b). Pub. L. 104-304, Sec. 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, Sec. 20(d)(3), redesignated subsec. 
(c) as (b).
    Subsecs. (d), (e). Pub. L. 104-304, Sec. 20(d)(2), (3), redesignated 
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.''


                    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.

                  Section Referred to in Other Sections

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