[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR198.37]

[Page 180-181]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                       TRANSPORTATION (CONTINUED)
 
PART 198--REGULATIONS FOR GRANTS TO AID STATE PIPELINE SAFETY PROGRAMS--Table of Contents
 
        Subpart C--Adoption of One-Call Damage Prevention Program
 
Sec. 198.37  State one-call damage prevention program.

    A State must adopt a one-call damage prevention program that 
requires each of the following at a minimum:
    (a) Each area of the State that contains underground pipeline 
facilities must be covered by a one-call notification system.
    (b) Each one-call notification system must be operated in accordance 
with Sec. 198.39.
    (c) Excavators must be required to notify the operational center of 
the one-call notification system that covers the area of each intended 
excavation activity and provide the following information:
    (1) Name of the person notifying the system.
    (2) Name, address and telephone number of the excavator.
    (3) Specific location, starting date, and description of the 
intended excavation activity.

However, an excavator must be allowed to begin an excavation activity in 
an emergency but, in doing so, required to notify the operational center 
at the earliest practicable moment.
    (d) The State must determine whether telephonic and other 
communications to the operational center of a one-call notification 
system under paragraph (c) of this section are to be toll free or not.
    (e) Except with respect to interstate transmission facilities as 
defined in the pipeline safety laws (49 U.S.C. 60101 et seq.), operators 
of underground pipeline facilities must be required to participate in 
the one-call notification systems that cover the areas of the State in 
which those pipeline facilities are located.
    (f) Operators of underground pipeline facilities participating in 
the one-call notification systems must be required to respond in the 
manner prescribed by Sec. 192.614 (b)(4) through (b)(6) of this chapter 
to notices of intended excavation activity received from the operational 
center of a one-call notification system.
    (g) Persons who operate one-call notification systems or operators 
of underground pipeline facilities participating or required to 
participate in the one-call notification systems must be required to 
notify the public and known excavators in the manner prescribed by 
Sec. 192.614 (b)(1) and (b)(2) of this chapter of the availability and 
use of one-call notification systems to locate underground pipeline 
facilities. However, this paragraph does not apply to persons (including 
operator's master meters) whose primary activity does not include the 
production, transportation or marketing of gas or hazardous liquids.
    (h) Operators of underground pipeline facilities (other than 
operators of interstate transmission facilities as defined in the 
pipeline safety laws (49 U.S.C. 60101 et seq.), and interstate pipelines 
as defined in Sec. 195.2 of this chapter), excavators and persons who 
operate one-call notification systems who violate the applicable 
requirements of this subpart must be subject to civil penalties and 
injunctive relief that are substantially the same as are

[[Page 181]]

provided under the pipeline safety laws (49 U.S.C. 60101 et seq.).

[55 FR 38691, Sept. 20, 1990, as amended by Amdt. 198-2, 61 FR 18518, 
Apr. 26, 1996]