Page:United States Statutes at Large Volume 104 Part 4.djvu/724

 104 STAT. 3040 PUBLIC LAW 101-599—NOV. 16, 1990 may be used for compliance with subparagraph (A), if the inspection conforms to the requirements of that subparagraph. "(D) ESTABLISHMENT OF STANDARDS. —The Secretary shall, within six months after the date of enactment of this subsection, establish standards— "(i) for the purposes of this subsection, for what constitutes an exposed pipeline facility; and "(ii) for the purposes of this subsection, for what constitutes a hazard to navigation. " (2) HAZARDOUS CONDITIONS.— Regulations. " (A) REPORTING PROCEDURE.—The Secretary shall, by regulation, establish a program to require pipeline facility operators described in paragraph (I)(A) to report potential or existing navigational hazards 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 (I)(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 208(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. Regulations. " (4) BuRiAL REQUIREMENT. —The Secretary shall, by regulation, 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 paragraph.". SEC. 2. NAVIGATIONAL HAZARDS. The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is amended by adding at the end the following new section: 33 USC 1232a. "SEC. 14. NAVIGATIONAL HAZARDS. "(a) REPORTING PROCEDURE.—The Secretary shall establish a program to encourage fishermen and other vessel operators to report potential or existing navigational hazards involving pipelines to the Secretary through Coast Guard field offices. "(b) SECRETARY'S RESPONSE. —(1) Upon notification by the operator of a pipeline of a hazard to navigation with respect to that pipeline, the Secretary shall immediately notify Coast Guard headquarters, the Office of Pipeline Safety, other affected Federal and State agencies, and vessel owners and operators in the pipeline's vicinity.

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