Page:United States Statutes at Large Volume 104 Part 4.djvu/723

 PUBLIC LAW 101-599 —NOV. 16, 1990 104 STAT. 3039 or existing navigational hsizards involving pipeline facilities to the Secretary through appropriate Coast Guard offices. " (B) MARKING OF HAZARDOUS PIPELINE FACILITIES.—The operator of a pipeline facility described in paragraph (1)(A) who discovers any portion of the pipeline facility which is a hazard to navigation shall mark the location of the hazardous portion with a Coast Guard approved marine buoy or marker and shall immediately notify the Secretary as provided by the Secretary pursuant to subparagraph (A) of this paragraph. Any marine buoy or marker used pursuant to this subparagraph shall be considered a pipeline sign or right-of-way marker for purposes of section 11(c)(3). "(3) PERMANENT INSPECTION REQUIREMENT. — Not later than 30 months after the date of enactment of this subsection, on the basis of experience with the initial inspection program under paragraph (1) and any other information available to the Secretary, the Secretary shall establish a mandatory, systematic, and where appropriate, periodic inspection program of offshore pipeline facilities in the Gulf of Mexico and its inlets. "(4) BURIAL REQUIREMENT. —The Secretary shall, by regula- Regulations, tion, require that each offshore pipeline facility— "(A) that is subject to inspection under paragraph (1) and is exposed or constitutes a hazard to navigation; or "(B) that constitutes a hazard to navigation, is buried within six months after the date that the condition of the pipeline facility is reported to the Secretary. The Secretary may extend the time period for compliance under this paragraph with respect to a pipeline facility for such period as is reasonable to ensure compliance with this pargigraph.". (b) HAZARDOUS LIQUID PIPELINE SAFETY ACT OF 1979. —Section 203 of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2002) is amended by adding at the end the following new subsection: " (1) OFFSHORE PIPELINE INSPECTION AND BURIAL.— "(1) INITIAL INSPECTION.— "(A) REQUIREMENT.—Not later than— "(i) 18 months after the date of enactment of this subsection; or "(ii) one year after the issuance of standards under subparagraph (D), whichever occurs first, the operator of each offshore pipeline facility in the Gulf of Mexico and its inlets, other than gathering lines of 4 inch nominal diameter and smaller, shall inspect such pipeline facility and report to the Secretary on any portion of the pipeline facility which is exposed or is a hazard to navigation. This subparagraph shall apply only to pipeline facilities between the mean high water mark and the point where the subsurface is under 15 feet of water, as measured from mean low water. "(B) EXTENSION.—The Secretary may extend the time period for compliance under subparagraph (A) with respect to a pipeline facility for an additional period of up to one year if the operator of the pipeline facility demonstrates to the satisfaction of the Secretary that a good faith effort, with due diligence and care, has failed to enable compliance with the deadline under subparagraph (A). "(C) PRIOR INSPECTION RECOGNITION. — Any inspection of a pipeline facility which has occurred after October 3, 1989,

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