
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: 49USC6105]

 
                        TITLE 49--TRANSPORTATION
 
              SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
 
               CHAPTER 61--ONE-CALL NOTIFICATION PROGRAMS
 
Sec. 6105. Review of one-call system best practices

    (a) Study of Existing One-Call Systems.--Except as provided in 
subsection (d), the Secretary, in consultation with other appropriate 
Federal agencies, State agencies, one-call notification system 
operators, underground facility operators, excavators, and other 
interested parties, shall undertake a study of damage prevention 
practices associated with existing one-call notification systems.
    (b) Purpose of Study of Damage Prevention Practices.--The purpose of 
the study is to gather information in order to determine which existing 
one-call notification systems practices appear to be the most effective 
in protecting the public, excavators, and the environment and in 
preventing disruptions to public services and damage to underground 
facilities. As part of the study, the Secretary shall consider, at a 
minimum--
        (1) the methods used by one-call notification systems and others 
    to encourage participation by excavators and owners of underground 
    facilities;
        (2) the methods by which one-call notification systems promote 
    awareness of their programs, including use of public service 
    announcements and educational materials and programs;
        (3) the methods by which one-call notification systems receive 
    and distribute information from excavators and underground facility 
    owners;
        (4) the use of any performance and service standards to verify 
    the effectiveness of a one-call notification system;
        (5) the effectiveness and accuracy of mapping used by one-call 
    notification systems;
        (6) the relationship between one-call notification systems and 
    preventing damage to underground facilities;
        (7) how one-call notification systems address the need for rapid 
    response to situations where the need to excavate is urgent;
        (8) the extent to which accidents occur due to errors in marking 
    of underground facilities, untimely marking or errors in the 
    excavation process after a one-call notification system has been 
    notified of an excavation;
        (9) the extent to which personnel engaged in marking underground 
    facilities may be endangered;
        (10) the characteristics of damage prevention programs the 
    Secretary believes could be relevant to the effectiveness of State 
    one-call notification programs; and
        (11) the effectiveness of penalties and enforcement activities 
    under State one-call notification programs in obtaining compliance 
    with program requirements.

    (c) Report.--Within 1 year after the date of the enactment of this 
chapter, the Secretary shall publish a report identifying those 
practices of one-call notification systems that are the most and least 
successful in--
        (1) preventing damage to underground facilities; and
        (2) providing effective and efficient service to excavators and 
    underground facility operators.

The Secretary shall encourage each State and operator of one-call 
notification programs to adopt and implement those practices identified 
in the report that the State determines are the most appropriate.
    (d) Secretarial Discretion.--Prior to undertaking the study 
described in subsection (a), the Secretary shall determine whether 
timely information described in subsection (b) is readily available. If 
the Secretary determines that such information is readily available, the 
Secretary is not required to carry out the study.

(Added Pub. L. 105-178, title VII, Sec. 7302(a), June 9, 1998, 112 Stat. 
480.)

                       References in Text

    The date of the enactment of this chapter, referred to in subsec. 
(c), is the date of enactment of Pub. L. 105-178, which was approved 
June 9, 1998.

                  Section Referred to in Other Sections

    This section is referred to in sections 6106, 6107 of this title.
