§ 198.31 49 CFR Ch. I (10–1–10 Edition)
(2) Fifty points based on the annual damage prevention program as a condi-
state program evaluation. tion to receiving a full grant-in-aid for
(c) The Administrator assigns its pipeline safety compliance program.
weights to various performance factors [Amdt. 198–2, 61 FR 18518, Apr. 26, 1996]
reflecting program compliance, safety
priorities, and national concerns iden- § 198.33 [Reserved]
tified by the Administrator and com-
municated to each State agency. At a § 198.35 Grants conditioned on adop-
minimum, the Administrator considers tion of one-call damage prevention
the following performance factors in program.
allocating funds: In allocating grants to State agen-
(1) Adequacy of state operating prac- cies under the pipeline safety laws, (49
tices; U.S.C. 60101 et seq.), the Secretary con-
(2) Quality of state inspections, in- siders whether a State has adopted or
vestigations, and enforcement/compli- is seeking to adopt a one-call damage
ance actions; prevention program in accordance with
(3) Adequacy of state recordkeeping; § 198.37. If a State has not adopted or is
(4) Extent of state safety regulatory not seeking to adopt such program, the
jurisdiction over pipeline facilities; State agency may not receive the full
(5) Qualifications of state inspectors; reimbursement to which it would oth-
(6) Number of state inspection per- erwise be entitled.
(7) State adoption of applicable fed- [Amdt. 198–2, 61 FR 38403, July 24, 1996]
eral pipeline safety standards; and § 198.37 State one-call damage preven-
(8) Any other factor the Adminis- tion program.
trator deems necessary to measure per-
formance. A State must adopt a one-call dam-
(d) Notwithstanding these perform- age prevention program that requires
ance factors, the Administrator may, each of the following at a minimum:
in 1993 and subsequent years, continue (a) Each area of the State that con-
funding any state at the 1991 level, pro- tains underground pipeline facilities
vided its request is at the 1991 level or must be covered by a one-call notifica-
higher and appropriated funds are at tion system.
the 1991 level or higher. (b) Each one-call notification system
(e) The Administrator notifies each must be operated in accordance with
state agency in writing of the specific § 198.39.
performance factors to be used and the (c) Excavators must be required to
weights to be assigned to each factor at notify the operational center of the
least 9 months prior to allocating one-call notification system that cov-
funds. Prior to notification, PHMSA ers the area of each intended exca-
seeks state agency comments on any vation activity and provide the fol-
proposed changes to the allocation for- lowing information:
mula. (1) Name of the person notifying the
(f) Grants are limited to the appro- system.
priated funds available. If total state (2) Name, address and telephone num-
agency requests for grants exceed the ber of the excavator.
funds available, the Administrator pro- (3) Specific location, starting date,
rates each state agency’s allocation. and description of the intended exca-
[Amdt. 198–1, 58 FR 10988, Feb. 23, 1993, as However, an excavator must be allowed
amended at 70 FR 11140, Mar. 8, 2005]
to begin an excavation activity in an
emergency but, in doing so, required to
Subpart C—Adoption of One-Call notify the operational center at the
Damage Prevention Program earliest practicable moment.
(d) The State must determine wheth-
§ 198.31 Scope. er telephonic and other communica-
This subpart implements parts of the tions to the operational center of a
wwoods2 on DSK1DXX6B1PROD with CFR
pipeline safety laws (49 U.S.C. 60101 et one-call notification system under
seq.), which direct the Secretary to re- paragraph (c) of this section are to be
quire each State to adopt a one-call toll free or not.
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Pipeline and Hazardous Materials Safety Administration, DOT Pt. 199
(e) Except with respect to interstate (1) A person who operates under-
transmission facilities as defined in the ground pipeline facilities or other un-
pipeline safety laws (49 U.S.C. 60101 et derground facilities.
seq.), operators of underground pipeline (2) A private contractor.
facilities must be required to partici- (3) A State or local government agen-
pate in the one-call notification sys- cy.
tems that cover the areas of the State (4) A person who is otherwise eligible
in which those pipeline facilities are under State law to operate a one-call
located. notification system.
(f) Operators of underground pipeline (b) It receives and records informa-
facilities participating in the one-call tion from excavators about intended
notification systems must be required excavation activities.
to respond in the manner prescribed by
(c) It promptly transmits to the ap-
§ 192.614 (b)(4) through (b)(6) of this
propriate operators of underground
chapter to notices of intended exca-
pipeline facilities the information re-
vation activity received from the oper-
ceived from excavators about intended
ational center of a one-call notification
(g) Persons who operate one-call no- (d) It maintains a record of each no-
tification systems or operators of un- tice of intent to engage in an exca-
derground pipeline facilities partici- vation activity for the minimum time
pating or required to participate in the set by the State or, in the absence of
one-call notification systems must be such time, for the time specified in the
required to notify the public and applicable State statute of limitations
known excavators in the manner pre- on tort actions.
scribed by § 192.614 (b)(1) and (b)(2) of (e) It tells persons giving notice of an
this chapter of the availability and use intent to engage in an excavation ac-
of one-call notification systems to lo- tivity the names of participating oper-
cate underground pipeline facilities. ators of underground pipeline facilities
However, this paragraph does not apply to whom the notice will be trans-
to persons (including operator’s master mitted.
meters) whose primary activity does
not include the production, transpor- PART 199—DRUG AND ALCOHOL
tation or marketing of gas or haz- TESTING
(h) Operators of underground pipeline Subpart A—General
facilities (other than operators of
interstate transmission facilities as de- Sec.
fined in the pipeline safety laws (49 199.1 Scope.
U.S.C. 60101 et seq.), and interstate 199.2 Applicability.
pipelines as defined in § 195.2 of this 199.3 Definitions.
chapter), excavators and persons who 199.5 DOT procedures.
199.7 Stand-down waivers.
operate one-call notification systems
199.9 Preemption of State and local laws.
who violate the applicable require-
ments of this subpart must be subject Subpart B—Drug Testing
to civil penalties and injunctive relief
that are substantially the same as are 199.100 Purpose.
provided under the pipeline safety laws 199.101 Anti-drug plan.
(49 U.S.C. 60101 et seq.). 199.103 Use of persons who fail or refuse a
[55 FR 38691, Sept. 20, 1990, as amended by 199.105 Drug tests required.
Amdt. 198–2, 61 FR 18518, Apr. 26, 1996]
199.107 Drug testing laboratory.
§ 198.39 Qualifications for operation of 199.109 Review of drug testing results.
one-call notification system. 199.111 Retention of samples and additional
A one-call notification system quali- 199.113 Employee assistance program.
fies to operate under this subpart if it 199.115 Contractor employees.
wwoods2 on DSK1DXX6B1PROD with CFR
complies with the following: 199.117 Recordkeeping.
(a) It is operated by one or more of 199.119 Reporting of anti-drug testing re-
the following: sults.
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