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49 USC CHAPTER 61 - ONE-CALL NOTIFICATION PROGRAMS 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 61 - ONE-CALL NOTIFICATION PROGRAMS

-HEAD-

CHAPTER 61 - ONE-CALL NOTIFICATION PROGRAMS

-MISC1-

Sec.

6101. Purposes.

6102. Definitions.

6103. Minimum standards for State one-call notification

programs.

6104. Compliance with minimum standards.

6105. Implementation of best practices guidelines.

6106. Grants to States.

6107. Authorization of appropriations.

6108. Relationship to State laws.

AMENDMENTS

2002 - Pub. L. 107-355, Sec. 2(c)(2), Dec. 17, 2002, 116 Stat.

2986, substituted "Implementation of best practices guidelines" for

"Review of one-call system best practices" in item 6105.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 60104, 60106 of this

title.

-End-

-CITE-

49 USC Sec. 6101 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 61 - ONE-CALL NOTIFICATION PROGRAMS

-HEAD-

Sec. 6101. Purposes

-STATUTE-

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 services,

by reducing the incidence of damage to underground facilities

during excavation through the voluntary adoption and efficient

implementation by all States of State one-call notification

programs that meet the minimum standards set forth under section

6103.

-SOURCE-

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

Stat. 478.)

-MISC1-

CONGRESSIONAL FINDINGS

Pub. L. 105-178, title VII, Sec. 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 disruptions in

telecommunications, water supply, electric power, and other vital

public services, such as hospital and air traffic control

operations, and is a leading cause of natural gas and hazardous

liquid pipeline accidents;

"(2) excavation that is performed without prior notification 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 damage caused by excavations

will be enhanced by a coordinated national effort to improve

one-call notification programs in each State and the

effectiveness and efficiency of one-call notification systems

that operate under such programs."

-End-

-CITE-

49 USC Sec. 6102 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 61 - ONE-CALL NOTIFICATION PROGRAMS

-HEAD-

Sec. 6102. Definitions

-STATUTE-

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 notification 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 facilities in the course of such excavation.

(2) State one-call notification program. - The term "State

one-call notification program" means the State statutes,

regulations, orders, judicial decisions, and other elements of

law and policy in effect in a State that establish 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.

-SOURCE-

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

Stat. 478.)

-End-

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49 USC Sec. 6103 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 61 - ONE-CALL NOTIFICATION PROGRAMS

-HEAD-

Sec. 6103. Minimum standards for State one-call notification

programs

-STATUTE-

(a) Minimum Standards. - In order to qualify for a grant under

section 6106, a State one-call notification program shall, at a

minimum, provide for -

(1) appropriate participation by all underground facility

operators, including all government operators;

(2) appropriate participation by all excavators, including all

government and contract excavators; and

(3) flexible and effective enforcement under State law with

respect to participation in, and use of, one-call notification

systems.

(b) Appropriate Participation. - In determining the appropriate

extent of participation required for types of underground

facilities or excavators under subsection (a), a State shall

assess, rank, and take into consideration the risks to the public

safety, the environment, excavators, and vital public services

associated with -

(1) damage to types of underground facilities; and

(2) activities of types of excavators.

(c) Implementation. - A State one-call notification program also

shall, at a minimum, provide for and document -

(1) consideration of the ranking of risks under subsection (b)

in the enforcement of its provisions;

(2) a reasonable relationship between the benefits of one-call

notification and the cost of implementing and complying with the

requirements of the State one-call notification program; and

(3) voluntary participation where the State determines that a

type of underground facility or an activity of a type of

excavator poses a de minimis risk to public safety or the

environment.

(d) Penalties. - To the extent the State determines appropriate

and necessary to achieve the purposes of this chapter, a State

one-call notification program shall, at a minimum, provide for -

(1) administrative or civil penalties commensurate with the

seriousness of a violation by an excavator or facility owner of a

State one-call notification program;

(2) increased penalties for parties that repeatedly damage

underground facilities because they fail to use one-call

notification systems or for parties that repeatedly fail to

provide timely and accurate marking after the required call has

been made to a one-call notification system;

(3) reduced or waived penalties for a violation of a

requirement of a State one-call notification program that results

in, or could result in, damage that is promptly reported by the

violator;

(4) equitable relief; and

(5) citation of violations.

-SOURCE-

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

Stat. 479; amended Pub. L. 107-355, Sec. 2(a), Dec. 17, 2002, 116

Stat. 2985.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-355, Sec. 2(a)(1)(A), inserted

", including all government operators" before semicolon at end.

Subsec. (a)(2). Pub. L. 107-355, Sec. 2(a)(1)(B), inserted ",

including all government and contract excavators" before semicolon.

Subsec. (c). Pub. L. 107-355, Sec. 2(a)(2), substituted "provide

for and document" for "provide for" in introductory provisions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6101, 6104, 6107 of this

title.

-End-

-CITE-

49 USC Sec. 6104 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 61 - ONE-CALL NOTIFICATION PROGRAMS

-HEAD-

Sec. 6104. Compliance with minimum standards

-STATUTE-

(a) Requirement. - In order to qualify for a grant under section

6106, each State shall submit to the Secretary a grant application

under subsection (b). The State shall submit the application not

later than 2 years after the date of enactment of this chapter.

(b) Application. -

(1) Upon application by a State, the Secretary shall review

that State's one-call notification program, including the

provisions for the implementation of the program and the record

of compliance and enforcement under the program.

(2) Based on the review under paragraph (1), the Secretary

shall determine whether the State's one-call notification program

meets the minimum standards for such a program set forth in

section 6103 in order to qualify for a grant under section 6106.

(3) In order to expedite compliance under this section, the

Secretary may consult with the State as to whether an existing

State one-call notification program, a specific modification

thereof, or a proposed State program would result in a positive

determination under paragraph (2).

(4) The Secretary shall prescribe the form and manner of filing

an application under this section that shall provide sufficient

information about a State's one-call notification program for the

Secretary to evaluate its overall effectiveness. Such information

may include the nature and reasons for exceptions from required

participation, the types of enforcement available, and such other

information as the Secretary deems necessary.

(5) The application of a State under paragraph (1) and the

record of actions of the Secretary under this section shall be

available to the public.

(c) Alternative Program. - A State is eligible to receive a grant

under section 6106 if the State maintains an alternative one-call

notification program that provides protection for public safety,

excavators, and the environment that is equivalent to, or greater

than, protection provided under a program that meets the minimum

standards set forth in section 6103.

(d) Report. - The Secretary shall include the following

information in reports submitted under section 60124 of this title

-

(1) a description of the extent to which each State has adopted

and implemented the minimum Federal standards under section 6103

or maintains an alternative program under subsection (c);

(2) an analysis by the Secretary of the overall effectiveness

of each State's one-call notification program and the one-call

notification systems operating under such program in achieving

the purposes of this chapter;

(3) the impact of each State's decisions on the extent of

required participation in one-call notification systems on

prevention of damage to underground facilities; and

(4) areas where improvements are needed in one-call

notification systems in operation in each State.

The report shall also include any recommendations the Secretary

determines appropriate. If the Secretary determines that the

purposes of this chapter have been substantially achieved, no

further report under this section shall be required.

-SOURCE-

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

Stat. 479; amended Pub. L. 107-355, Sec. 2(b), Dec. 17, 2002, 116

Stat. 2985.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this chapter, referred to in subsec.

(a), is the date of enactment of Pub. L. 105-178, which was

approved June 9, 1998.

-MISC1-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-355 substituted "The Secretary

shall" for "Within 3 years after the date of the enactment of this

chapter, the Secretary shall begin to" in introductory provisions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

49 USC Sec. 6105 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 61 - ONE-CALL NOTIFICATION PROGRAMS

-HEAD-

Sec. 6105. Implementation of best practices guidelines

-STATUTE-

(a) Adoption of Best Practices. - The Secretary of Transportation

shall encourage States, operators of one-call notification

programs, excavators (including all government and contract

excavators), and underground facility operators to adopt and

implement practices identified in the best practices report

entitled "Common Ground", as periodically updated.

(b) Technical Assistance. - The Secretary shall provide technical

assistance to and participate in programs sponsored by a non-profit

organization specifically established for the purpose of reducing

construction-related damage to underground facilities.

(c) Grants. -

(1) In general. - The Secretary may make grants to a non-profit

organization described in subsection (b).

(2) Authorization of appropriations. - In addition to amounts

authorized under section 6107, there is authorized to be

appropriated for making grants under this subsection $500,000 for

each of fiscal years 2003 through 2006. Such sums shall remain

available until expended.

(3) General revenue funding. - Any sums appropriated under this

subsection shall be derived from general revenues and may not be

derived from amounts collected under section 60301.

-SOURCE-

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

Stat. 480; amended Pub. L. 107-355, Sec. 2(c)(1), Dec. 17, 2002,

116 Stat. 2985.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-355 amended section generally. Prior to

amendment, section related to study of existing one-call systems,

purpose and considerations of study, report by Secretary within one

year of June 9, 1998, and discretion of Secretary as to whether to

carry out study.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

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49 USC Sec. 6106 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 61 - ONE-CALL NOTIFICATION PROGRAMS

-HEAD-

Sec. 6106. Grants to States

-STATUTE-

(a) In General. - The Secretary may make a grant of financial

assistance to a State that qualifies under section 6104(b) to

assist in improving -

(1) the overall quality and effectiveness of one-call

notification systems in the State;

(2) communications systems linking one-call notification

systems;

(3) location capabilities, including training personnel and

developing and using location technology;

(4) record retention and recording capabilities for one-call

notification systems;

(5) public information and education;

(6) participation in one-call notification systems; or

(7) compliance and enforcement under the State one-call

notification program.

(b) State Action Taken Into Account. - In making grants under

this section, the Secretary shall take into consideration the

commitment of each State to improving its State one-call

notification program, including legislative and regulatory actions

taken by the State after the date of enactment of this chapter.

(c) Funding for One-Call Notification Systems. - A State may

provide funds received under this section directly to any one-call

notification system in such State that substantially adopts the

best practices identified under section 6105.

-SOURCE-

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

Stat. 482.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this chapter, referred to in subsec.

(b), is the date of enactment of Pub. L. 105-178, which was

approved June 9, 1998.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6103, 6104, 6107 of this

title.

-End-

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49 USC Sec. 6107 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 61 - ONE-CALL NOTIFICATION PROGRAMS

-HEAD-

Sec. 6107. Authorization of appropriations

-STATUTE-

(a) For Grants to States. - There are authorized to be

appropriated to the Secretary to provide grants to States under

section 6106 $1,000,000 for each of fiscal years 2003 through 2006.

Such funds shall remain available until expended.

(b) For Administration. - There are authorized to be appropriated

to the Secretary such sums as may be necessary to carry out

sections 6103, 6104, and 6105 for fiscal years 2003 through 2006.

(c) General Revenue Funding. - Any sums appropriated under this

section shall be derived from general revenues and may not be

derived from amounts collected under section 60301 of this title.

-SOURCE-

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

Stat. 482; amended Pub. L. 107-355, Sec. 2(d), Dec. 17, 2002, 116

Stat. 2986.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-355, Sec. 2(d)(1), substituted

"$1,000,000 for each of fiscal years 2003 through 2006" for

"$1,000,000 for fiscal year 2000 and $5,000,000 for fiscal year

2001" in first sentence.

Subsec. (b). Pub. L. 107-355, Sec. 2(d)(2), substituted "for

fiscal years 2003 through 2006" for "for fiscal years 1999, 2000,

and 2001".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6105 of this title.

-End-

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49 USC Sec. 6108 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 61 - ONE-CALL NOTIFICATION PROGRAMS

-HEAD-

Sec. 6108. Relationship to State laws

-STATUTE-

Nothing in this chapter preempts State law or shall impose a new

requirement on any State or mandate revisions to a one-call system.

-SOURCE-

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

Stat. 482.)

-End-

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49 USC SUBTITLE IV - INTERSTATE TRANSPORTATION 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

-HEAD-

SUBTITLE IV - INTERSTATE TRANSPORTATION

-MISC1-

PART A - RAIL

Chapter Sec.

101. GENERAL PROVISIONS 10101

105. JURISDICTION 10501

107. RATES 10701

109. LICENSING 10901

111. OPERATIONS 11101

113. FINANCE 11301

115. FEDERAL-STATE RELATIONS 11501

117. ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES 11701

119. CIVIL AND CRIMINAL PENALTIES 11901

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

Chapter Sec.

131. GENERAL PROVISIONS 13101

133. ADMINISTRATIVE PROVISIONS 13301

135. JURISDICTION 13501

137. RATES AND THROUGH ROUTES 13701

139. REGISTRATION 13901

141. OPERATIONS OF CARRIERS 14101

143. FINANCE 14301

145. FEDERAL-STATE RELATIONS 14501

147. ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES 14701

149. CIVIL AND CRIMINAL PENALTIES 14901

PART C - PIPELINE CARRIERS

Chapter Sec.

151. GENERAL PROVISIONS 15101

153. JURISDICTION 15301

155. RATES 15501

157. OPERATIONS OF CARRIERS 15701

159. ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES 15901

161. CIVIL AND CRIMINAL PENALTIES 16101

PRIOR PROVISIONS

A prior subtitle IV, consisting of chapters 101 to 119, related

to interstate commerce, prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

AMENDMENTS

1997 - Pub. L. 105-102, Sec. 2(5), Nov. 20, 1997, 111 Stat. 2204,

struck out "AND TARIFFS" after "RATES" in item for chapter 155.

-SECREF-

SUBTITLE REFERRED TO IN OTHER SECTIONS

This subtitle is referred to in sections 521, 703, 721, 722, 723,

724, 727, 24301, 28301, 41309, 41502 of this title; title 7 section

225; title 11 sections 1166, 1169; title 15 sections 19, 21, 26,

44, 1681s, 1691c, 1692l; title 16 section 813; title 18 section

2341; title 28 sections 2321, 2323; title 29 section 1841; title 33

section 1507; title 42 sections 4916, 4917; title 45 sections 151,

157, 741, 791, 912, 1007, 1103, 1104, 1112; title 46 App. section

884; title 47 section 601; title 48 section 751.

-End-

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49 USC PART A - RAIL 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

-HEAD-

PART A - RAIL

-End-