Page:United States Statutes at Large Volume 108 Part 2.djvu/597

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1313 (C) the nature and volume of materisd transported through the pipeline facility. (D) the pressure at which that material is transported, (E) climatic, geologic, and seismic characteristics (including soil characteristics) and conditions of the area in which the pipeline facility is located. (F) existing and projected population and demographic characteristics of the area in which the pipeline facility is located. (G) for a hazardous liquid pipeline facility, the proximity of the area in which the facility is located to an area that is unusually sensitive to environmental damage. (H) the frequency of leaks. (I) other factors the Secretary decides are relevant to the safety of pipeline facilities. (2) To the extent and in amounts provided in advance in an appropriation law, the Secretary shall decide on the frequency of inspection under paragraph (1) of this subsection. However, an inspection must occur at least once every 2 years. The Secretary may reduce the frequency of an inspection of a master meter system. (3) Testing under this subsection shall use the most appropriate technology practicable. (c) PIPELINE FACILITIES OFFSHORE AND IN NAVIGABLE WATERS.— (Din this subsection— (A) "abandoned" means permanently removed from service. (B) "pipeline facility" includes an underwater abandoned pipeline facility. (C) if a pipeline facility has no operator, the most recent operator of the facility is deemed to be the operator of the facility. (2)(A) Not later than May 16, 1993, on the basis of experience with the inspections under section 3(h)(1)(A) of the Natural Gas Pipeline Safety Act of 1968 or section 203(Z)(1)(A) of the Hazardous Liquid Pipeline Safety Act of 1979, as appropriate, and any other information available to the Secretary, the Secretary shall establish a mandatory, systematic, and, where appropriate, periodic inspection program of— (i) all offshore pipeline facilities; and (ii) any other pipeline facility crossing under, over, or through navigable waters (as defined by the Secretary) if the Secretary decides that the location of the facility in those navigable waters could pose a hazard to navigation or public safety. (B) In prescribing regulations to carry out subparagraph (A) of this paragraph— (i) the Secretary shall identify what is a hazard to navigation with respect to an underwater abandoned pipeline facility; and (ii) for an underwater pipeline facility abandoned after October 24, 1992, the Secretary shall include requirements that will lessen the potential that the facility will pose a hazard to navigation and shall consider the relationship between water depth and navigational safety and factors relevant to the local marine environment. (3)(A) The Secretary shall establish by regulation a program Regulations, requiring an operator of a pipeline facility described in paragraph (2) of this subsection to report a potential or existing navigational

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