PIPELINE FACILITY INSPECTION AMENDMENTS.

SEC. 207. PIPELINE FACILITY INSPECTION AMENDMENTS. Section 203(1) of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2002(D) is amended— (1) in paragraph (2)(A) by striking “pipeline facility operators described in paragraph (1)(A)” and inserting “operators of pipeline facilities described in paragraph (3)”; (2) in paragraph (2)(B) by striking “paragraph (1)(A)” and inserting “paragraph (3)”; (3) in paragraph (3) by striking “periodic inspection program” and all that follows through “and its inlets” and inserting the following: “periodic inspection program of— “(A) all offshore pipeline facilities; and “(B) any other pipeline facilities which cross under, over, or through navigable waters, as such term is defined by the Secretary, if the location of such pipeline facilities in such navigable waters could pose a hazard to navigation or public safety, as determined by the Secretary”; (4) in paragraph (4) by striking “offshore pipeline facility” and inserting “pipeline facility described in paragraph (3)”; and (5) by adding at the end the following new paragraphs: (5) Transfer Pipeline Facilities.— The Secretary shall not exempt from regulation under this Act any offshore pipeline facility solely on the basis of the fact that such pipeline facility106 STAT. 3303 serves to transfer hazardous liquids in underwater pipelines between vessels and onshore facilities. (6) Supplementary initial inspection.— “(A) Requirement.— Not later than— “(i) 3 years after the date of the enactment of this paragraph; or “(ii) 6 months after the establishment of standards under subparagraph (D), whichever occurs first, the operator of each offshore pipeline facility not described in paragraph (1)(A) 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 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 6 months 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, 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 2 years after the date of the enactment of this paragraph, establish, for the purposes of this paragraph, standards— “(i) for what constitutes an exposed pipeline facility; and “(ii) for what constitutes a hazard to navigation.”.