Damage Prevention Program [49 CFR 192.614]

(A)A. Except as provided in Subsection D and E of this Section, each operator of a buried pipeline shall carry out, in accordance with this Section a written program to prevent damage to that pipeline by excavation activities. For the purpose of this Section, the term excavation activities include excavation, blasting, boring, tunneling, backfilling, the removal of above ground structures by either explosive or mechanical means, and other earth moving operations. [49 CFR 192.614(a)]#

(B)B. An operator may comply with any of the requirements of Subsection 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 Paragraph B.1 or B.2 of this Section: [49 CFR 192.614(b)]#

(1)1. the state has adopted a one-call damage prevention program under §198.37 of CFR 49; or [49 CFR 192.614(b)(1)]#

(2)2. the one-call system: [49 CFR 192.614(b)(2)]#

(a)a. is operated in accordance with §198.39 of CFR 49; [49 CFR 192.614(b)(2)(i)]#

(b)b. provides a pipeline operator an opportunity similar to a voluntary participant to have a part in management responsibilities; and [49 CFR 192.614(b)(2)(ii)]#

(c)c. 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. [49 CFR 192.614(b)(2)(iii)]#

(C)C. The damage prevention program required by Subsection A of this Section must, at a minimum: [49 CFR 192.614(c)]#

(1)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; [49 CFR 192.614(c)(1)]#

(2)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: [49 CFR 192.614(c)(2)]#

(a)a. the program's existence and purpose; and [49 CFR 192.614(c)(2)(i)]#

(b)b. how to learn the location of underground pipelines before excavation activities are begun; [49 CFR 192.614(c)(2)(ii)]#

(3)3. provide a means of receiving and recording notification of planned excavation activities; [49 CFR 192.614(c)(3)]#

(4)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; [49 CFR 192.614(c)(4)]#

(5)5. provide for temporary marking of buried pipelines in the area of excavation activity before, as far as practical, the activity begins; [49 CFR 192.614(c)(5)]#

(6)6. provide as follows for inspection of pipelines that an operator has reason to believe could be damaged by excavation activities: [49 CFR 192.614(c)(6)]#

(a)a. the inspection must be done as frequently as necessary during and after the activities to verify the integrity of the pipeline; and [49 CFR 192.614(c)(6)(i)]#

(b)b. in the case of blasting, any inspection must include leakage surveys. [49 CFR 192.614(c)(6)(ii)]#

(D)D. A damage prevention program under this Section is not required for the following pipelines: [49 CFR 192.614(d)]#

(1)1. pipelines located offshore; [49 CFR 192.614(d)(1)]#

(2)2. pipelines, other than those located offshore, in Class 1 or 2 locations until September 20, 1995; [49 CFR 192.614(d)(2)]#

(3)3. pipelines to which access is physically controlled by the operator. [49 CFR 192.614(d)(3)]#

(E)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: [49 CFR 192.614(e)]#

(1)1. the requirements of Subsection A of this Section that the damage prevention program be written; and [49 CFR 192.614(e)(1)]#

(2)2. the requirements of Paragraph C.1 and C.2 of this Section. [49 CFR 192.614(e)(2)]#

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:501 et seq.#

HISTORICAL NOTE: Promulgated by the Department of Natural Resources, Office of Conservation, LR 9:241 (April 1983), amended LR 10:533 (July 1984), LR 24:1312 (July 1998), LR 27:1547 (September 2001), LR 30:1262 (June 2004).#