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e-CFR data is current as of August 6, 2020

Title 49Subtitle BChapter ISubchapter DPart 196 → Subpart B


Title 49: Transportation
PART 196—PROTECTION OF UNDERGROUND PIPELINES FROM EXCAVATION ACTIVITY


Subpart B—Damage Prevention Requirements


Contents
§196.101   What is the purpose and scope of this subpart?
§196.103   What must an excavator do to protect underground pipelines from excavation-related damage?
§196.105   [Reserved]
§196.107   What must an excavator do if a pipeline is damaged by excavation activity?
§196.109   What must an excavator do if damage to a pipeline from excavation activity causes a leak where product is released from the pipeline?
§196.111   What if a pipeline operator fails to respond to a locate request or fails to accurately locate and mark its pipeline?

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§196.101   What is the purpose and scope of this subpart?

This subpart prescribes the minimum requirements that excavators must follow to protect pipelines subject to PHMSA or State pipeline safety regulations from excavation-related damage.

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§196.103   What must an excavator do to protect underground pipelines from excavation-related damage?

Prior to and during excavation activity, the excavator must:

(a) Use an available one-call system before excavating to notify operators of underground pipeline facilities of the timing and location of the intended excavation;

(b) If underground pipelines exist in the area, wait for the pipeline operator to arrive at the excavation site and establish and mark the location of its underground pipeline facilities before excavating;

(c) Excavate with proper regard for the marked location of pipelines an operator has established by taking all practicable steps to prevent excavation damage to the pipeline;

(d) Make additional use of one-call as necessary to obtain locating and marking before excavating to ensure that underground pipelines are not damaged by excavation.

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§196.105   [Reserved]

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§196.107   What must an excavator do if a pipeline is damaged by excavation activity?

If a pipeline is damaged in any way by excavation activity, the excavator must promptly report such damage to the pipeline operator, whether or not a leak occurs, at the earliest practicable moment following discovery of the damage.

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§196.109   What must an excavator do if damage to a pipeline from excavation activity causes a leak where product is released from the pipeline?

If damage to a pipeline from excavation activity causes the release of any PHMSA regulated natural and other gas or hazardous liquid as defined in part 192, 193, or 195 of this chapter from the pipeline, the excavator must promptly report the release to appropriate emergency response authorities by calling the 911 emergency telephone number.

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§196.111   What if a pipeline operator fails to respond to a locate request or fails to accurately locate and mark its pipeline?

PHMSA may enforce existing requirements applicable to pipeline operators, including those specified in 49 CFR 192.614 and 195.442 and 49 U.S.C. 60114 if a pipeline operator fails to properly respond to a locate request or fails to accurately locate and mark its pipeline. The limitation in 49 U.S.C. 60114(f) does not apply to enforcement taken against pipeline operators and excavators working for pipeline operators.

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