195.442—Damage prevention program.
(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.
(ii)
Provides a pipeline operator an opportunity similar to a voluntary participant to have a part in management responsibilities; and
(iii)
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.
(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:
(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:
(i)
The inspection must be done as frequently as necessary during and after the activities to verify the integrity of the pipeline; and
[Amdt. 195-54, 60 FR 14651, Mar. 20, 1995, as amended by Amdt. 195-60, 62 FR 61699, Nov. 19, 1997]