49 U.S.C. § 60104 — Requirements and limitations

(a) Opportunity To Present Views. Before setting a standard under this chapter, the Secretary of Transportation must give interested people a chance to make oral and written statements of information, views, and arguments. (b) Nonapplication. A design, installation, construction, or initial inspection or testing standard does not apply to a pipeline facility that already existed when the standard was adopted. (c) Preemption. A state authority that has filed a current certification under section 60105(a) of this title may adopt additional or stricter safety standards for pipelines and pipeline transportation within that state, but only if those standards are compatible with this chapter's minimum standards. A state authority cannot adopt or keep safety standards for interstate pipeline facilities or interstate pipeline transportation. Even so, a state may still enforce a one-call notification program requirement if that program meets this chapter's (or chapter 61's) rules for one-call programs. (d) Consultation. When a standard or a compliance waiver under this chapter would affect the continued supply of gas service, the Secretary of Transportation must consult with, and advise, the Federal Energy Regulatory Commission or the relevant state authority before acting, and must delay the standard's or waiver's effective date until that body has a reasonable chance to grant any authorization it thinks is needed. In certain Natural Gas Act proceedings, anyone applying to import gas, or to build, run, or extend a gas pipeline facility covered by a safety standard, must certify that they will design, build, inspect, test, operate, replace, and maintain the facility according to that standard and the inspection and maintenance plans under section 60108 of this title. That certification binds the Secretary of Energy and the Commission, unless an enforcement agency gives the Commission timely written notice that the applicant violated a standard under this chapter. (e) Location and Routing of Facilities. This chapter does not let the Secretary of Transportation dictate where a pipeline facility is located or how it is routed.