2013 US Code
Title 49 - Transportation
Subtitle VIII - PIPELINES (§§ 60101 - 60503)
Chapter 601 - SAFETY (§§ 60101 - 60140)
Section 60134 - State damage prevention programs
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE VIII - PIPELINES CHAPTER 601 - SAFETY Sec. 60134 - State damage prevention programs |
Contains | section 60134 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 109-468, §2(b)(2), Dec. 29, 2006, 120 Stat. 3487; amended Pub. L. 112-90, §§3(b), 32(d), Jan. 3, 2012, 125 Stat. 1906, 1923. |
Statutes at Large References | 120 Stat. 3487 125 Stat. 1906 |
Public Law References | Public Law 109-468, Public Law 112-90 |
Download PDF
(a)
(1) has in effect an annual certification under section 60105 or an agreement under section 60106;
(2)(A) has in effect an effective damage prevention program that meets the requirements of subsection (b); or
(B) demonstrates that it has made substantial progress toward establishing such a program, and that such program will meet the requirements of subsection (b); and
(3) does not provide any exemptions to municipalities, State agencies, or their contractors from the one-call notification system requirements of the program.
(b)
(1) Participation by operators, excavators, and other stakeholders in the development and implementation of methods for establishing and maintaining effective communications between stakeholders from receipt of an excavation notification until successful completion of the excavation, as appropriate.
(2) A process for fostering and ensuring the support and partnership of stakeholders, including excavators, operators, locators, designers, and local government in all phases of the program.
(3) A process for reviewing the adequacy of a pipeline operator's internal performance measures regarding persons performing locating services and quality assurance programs.
(4) Participation by operators, excavators, and other stakeholders in the development and implementation of effective employee training programs to ensure that operators, the one-call center, the enforcing agency, and the excavators have partnered to design and implement training for the employees of operators, excavators, and locators.
(5) A process for fostering and ensuring active participation by all stakeholders in public education for damage prevention activities.
(6) A process for resolving disputes that defines the State authority's role as a partner and facilitator to resolve issues.
(7) Enforcement of State damage prevention laws and regulations for all aspects of the damage prevention process, including public education, and the use of civil penalties for violations assessable by the appropriate State authority.
(8) A process for fostering and promoting the use, by all appropriate stakeholders, of improving technologies that may enhance communications, underground pipeline locating capability, and gathering and analyzing information about the accuracy and effectiveness of locating programs.
(9) A process for review and analysis of the effectiveness of each program element, including a means for implementing improvements identified by such program reviews.
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(Added Pub. L. 109–468, §2(b)(2), Dec. 29, 2006, 120 Stat. 3487; amended Pub. L. 112–90, §§3(b), 32(d), Jan. 3, 2012, 125 Stat. 1906, 1923.)
AMENDMENTS2012—Subsec. (a)(3). Pub. L. 112–90, §3(b), added par. (3).
Subsec. (i). Pub. L. 112–90, §32(d), added subsec. (i).
EFFECTIVE DATE OF 2012 AMENDMENTAmendment by section 3(b) of Pub. L. 112–90 effective 2 years after Jan. 3, 2012, see section 3(c) of Pub. L. 112–90, set out as a note under section 6103 of this title.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.