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U.S. Code as of:
01/19/04
Section 60104. Requirements and limitations
(a) Opportunity To Present Views. - The Secretary of
Transportation shall give an interested person an opportunity to
make oral and written presentations of information, views, and
arguments when prescribing a standard under this chapter.
(b) Nonapplication. - A design, installation, construction,
initial inspection, or initial testing standard does not apply to a
pipeline facility existing when the standard is adopted.
(c) Preemption. - A State authority that has submitted a current
certification under section 60105(a) of this title may adopt
additional or more stringent safety standards for intrastate
pipeline facilities and intrastate pipeline transportation only if
those standards are compatible with the minimum standards
prescribed under this chapter. A State authority may not adopt or
continue in force safety standards for interstate pipeline
facilities or interstate pipeline transportation. Notwithstanding
the preceding sentence, a State authority may enforce a requirement
of a one-call notification program of the State if the program
meets the requirements for one-call notification programs under
this chapter or chapter 61.
(d) Consultation. - (1) When continuity of gas service is
affected by prescribing a standard or waiving compliance with
standards under this chapter, the Secretary of Transportation shall
consult with and advise the Federal Energy Regulatory Commission or
a State authority having jurisdiction over the affected gas
pipeline facility before prescribing the standard or waiving
compliance. The Secretary shall delay the effective date of the
standard or waiver until the Commission or State authority has a
reasonable opportunity to grant an authorization it considers
necessary.
(2) In a proceeding under section 3 or 7 of the Natural Gas Act
(15 U.S.C. 717b or 717f), each applicant for authority to import
natural gas or to establish, construct, operate, or extend a gas
pipeline facility subject to an applicable safety standard shall
certify that it will design, install, inspect, test, construct,
operate, replace, and maintain a gas pipeline facility under those
standards and plans for inspection and maintenance under section
60108 of this title. The certification is binding on the Secretary
of Energy and the Commission except when an appropriate enforcement
agency has given timely written notice to the Commission that the
applicant has violated a standard prescribed under this chapter.
(e) Location and Routing of Facilities. - This chapter does not
authorize the Secretary of Transportation to prescribe the location
or routing of a pipeline facility.
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