The Law: Federal Law

State Law | Federal Law

The following summarizes two provisions under the Code of Federal Regulations Title 49, Parts 186-199 that concern damage prevention programs for liquid and gas pipeline:

Sec. 192.614 Damage prevention program - Gas Pipelines
Sec. 195.442 Damage prevention program - Liquid Pipelines

Sec. 192.614Damage Prevention Program - Gas Pipelines

(a) Except as provided in paragraphs (d) and (e) of this section, each operator of a buried pipeline must carry out, in accordance with this section, a written program to prevent damage to that pipeline from excavation activities. For the purposes of this section, the term "excavation activities'' includes excavation, blasting, boring, tunneling, backfilling, the removal of aboveground structures by either explosive or mechanical means, and other earthmoving operations.

(b) An operator may comply with any of the requirements of paragraph (c) of this section through participation in a public service program, such as a one-call system, but such participation does not relieve the operator of responsibility for compliance with this section. However, an operator must perform the duties of paragraph (c)(3) of this section through participation in a one-call system, if that one-call system is a qualified one-call system. In areas that are covered by more than one qualified one-call system, an operator need only join one of the qualified one-call systems if there is a central telephone number for excavators to call for excavation activities, or if the one-call systems in those areas communicate with one another. An operator's pipeline system must be covered by a qualified one-call system where there is one in place. For the purpose of this section, a one-call system is considered a ``qualified one-call system'' if it meets the requirements of section (b)(1) or (b)(2) of this section.

1. The state has adopted a one-call damage prevention program under Sec. 198.37 of this chapter; or
2. The one-call system:
   1. Is operated in accordance with Sec. 198.39 of this chapter;
   2. Provides a pipeline operator an opportunity similar to a voluntary participant to have a part in management responsibilities; and
   3. Assesses a participating pipeline operator a fee that is proportionate to the costs of the one-call system's coverage of the operator's pipeline. (Page 77)

(c) The damage prevention program required by paragraph (a) of this section must, at a minimum:

1. Include the identity, on a current basis, of persons who normally engage in excavation activities in the area in which the pipeline is located.
2. Provides for notification of the public in the vicinity of the pipeline and actual notification of the persons identified in paragraph (c)(1) of this section of the following as often as needed to make them aware of the damage prevention program:
   1. The program's existence and purpose; and
   2. How to learn the location of underground pipelines before excavation activities are begun.
3. Provide a means of receiving and recording notification of planned excavation activities.
4. If the operator has buried pipelines in the area of excavation activity, provide for actual notification of persons who give notice of their intent to excavate of the type of temporary marking to be provided and how to identify the markings.
5. Provide for temporary marking of buried pipelines in the area of excavation activity before, as far as possible, the activity begins.
6. Provide as follows for inspection of pipelines that an operator has reason to believe could be damaged by excavation activities:
   • The inspection must be done as frequently as necessary during and after the activities to verify the integrity of the pipeline; and
   • In the case of blasting, any inspection must include leakage surveys.

(d) A damage prevention program under this section is not required for the following pipelines:

• Pipelines located offshore.
• Pipelines, other than those located offshore, in Class 1 or 2 locations until September 20, 1995.
• Pipelines to which access is physically controlled by the operator.

(e) Pipelines operated by persons other than municipalities (including operators of master meters) whose primary activity does not include the transportation of gas need not comply with the following:

• The requirement of paragraph (a) of this section that the damage prevention program be written; and
• The requirements of paragraphs (c)(1) and (c)(2) of this section.

Sec. 195.442 Damage prevention program - Liquid Pipelines

(a) Except as provided in paragraph (d) of this section, each operator of a buried pipeline must carry out, in accordance with this section, a written program to prevent damage to that pipeline from excavation activities. For the purpose of this section, the term "excavation activities" includes excavation, blasting, boring, tunneling, backfilling, the removal of aboveground structures by either explosive or mechanical means, and other earthmoving operations.

(b) An operator may comply with any of the requirements of paragraph (c) of this section through participation in a public service program, such as a one-call system, but such participation does not relieve the operator of the responsibility for compliance with this section. However, an operator must perform the duties of paragraph (c)(3) of this section through participation in a one-call system, if that one-call system is a qualified one-call system. In areas that are covered by more than one qualified one-call system, an operator need only join one of the qualified one-call systems if there is a central telephone number for excavators to call for excavation activities, or if the one-call systems in those areas communicate with one another. An operator's pipeline system must be covered by a qualified one-call system where there is one in place. For the purpose of this section, a one-call system is considered a "qualified one-call system" if it meets the requirements of section (b)(1) or (b)(2) or this section.

• The state has adopted a one-call damage prevention program under Sec. 198.37 of this chapter; or (Page 156)
• The one-call system:
  • Is operated in accordance with Sec. 198.39 of this chapter;
  • Provides a pipeline operator an opportunity similar to a voluntary participant to have a part in management responsibilities; and
  • Assesses a participating pipeline operator a fee that is proportionate to the costs of the one-call system's coverage of the operator's pipeline.

(c) The damage prevention program required by paragraph (a) of this section must, at a minimum:

1. Include the identity, on a current basis, of persons who normally engage in excavation activities in the area in which the pipeline is located.
2. Provides for notification of the public in the vicinity of the pipeline and actual notification of persons identified in paragraph (c)(1) of this section of the following as often as needed to make them aware of the damage prevention program:
   1. The program's existence and purpose; and
   2. How to learn the location of underground pipelines before excavation activities are begun.
3. Provide a means of receiving and recording notification of planned excavation activities.
4. If the operator has buried pipelines in the area of excavation activity, provide for actual notification of persons who give notice of their intent to excavate of the type of temporary marking to be provided and how to identify the markings.
5. Provide for temporary marking of buried pipelines in the area of excavation activity before, as far as practical, the activity begins.
6. Provide as follows for inspection of pipelines that an operator has reason to believe could be damaged by excavation activities:
   1. The inspection must be done as frequently as necessary during and after the activities to verify the integrity of the pipeline; and
   2. In the case of blasting, any inspection must include leakage surveys.

(d) A damage prevention program under this section is not required for the following pipelines:

1. Pipelines located offshore.
2. Pipelines to which access is physically controlled by the operator.

Complied by New Mexico One Call, Inc.

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