To improve navigational safety and to reduce the hazards to navigation resulting from vessel collisions with pipelines in the marine environment, and for other purposes.
PL 101-599 (H.R.4888), enacted 11/16/1990

104 STAT. 3038 
PUBLIC LAW 101-599—NOV. 16, 1990 
Public Law 101-599 
101st Congress 
An Act 
Nov 16 1990 
'^° improve navigational safety and to reduce the hazards to navigation resulting 
from vessel collisions with pipelines in the marine environment, and for other 
[H.R.4888] 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. OFFSHORE PIPELINE INSPECTION AND BURIAL. 
(a) NATURAL GAS PIPEUNE SAFETY ACT OF 1968.—Section 3 of the 
Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1672) is 
amended by adding at the end the following new subsection: 
"(h) OFFSHORE PIPEUNE 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 pipe-
line facility in the Gulf of Mexico and its inlets 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 six 
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 8, 1989, 
may be used for compliance with subparagraph (A), if the 
inspection conforms to the requirements of that subpara-
graph. 
"(D) ESTABUSHMENT 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 (1)(A) to report potential 
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 PIPEUNE FACIUTIES.—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 hazard-
ous portion with a Coast Guard approved marine buoy or 
marker and shall immediately notify the Secretary as pro-
vided 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 Sec-
retary, 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 para-
graph with respect to a pipeline facility for such period as is 
re£isonable 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 PIPEUNE INSPECTION AND BURIAL.— 
"(1) INITIAL INSPECTION.— 
"(A) REQUIREMENT.—Not later than— 
"(i) 18 months £ifter 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 pipe-
line 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 Sec-
retary 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, 
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 subpara-
graph. 
"(D) EsTABUSHMENT 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 (IXA) to report potential 
or existing navigational hazards involving pipeline facilities 
to the Secretary through appropriate Coast Guard offices. 
"(B) MARKING OF HAZARDOUS PIPEUNE FACILITIES.—The 
operator of a pipeline facility described in paragraph (IXA) 
who discovers any portion of the pipeline facility which is a 
hazard to navigation shall mark the location of the hazard-
ous portion with a Coast Guard approved marine buoy or 
marker and shall immediately notify the Secretary as pro-
vided 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 Sec-
retary, 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 regula-
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 para-
graph 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 u s e 1232a. 
"SEC. 14. NAVIGATIONAL HAZARDS. 
"(a) REPORTING PROCEDURE.—The Secretary shall establish a pro-
gram 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. 
PUBLIC LAW 101-599—NOV. 16,1990 
104 STAT. 3041 
"(2) Upon notification by any other person of a hazard or potential 
hazard to navigation with respect to a pipeUne, the Secretary shall 
promptly determine whether a hazard exists, and if so shall imme-
diately notify Coast Guard headquarters, the Office of Pipeline 
Safety, other affected Federal and State agencies, vessel owners and 
operators in the pipeline's vicinity, and the owner and operator of 
the pipeline. 
"(c) EsTABUSHMENT OF STANDARDS.—The Secretary shall, within 
six months after the date of enactment of this section, establish 
standards, for the purposes of this section, for what constitutes a 
hazard to navigation. 
"(d) DEFINITION.—For purposes of this section, the term 'pipelines' 
has the meaning given the term 'pipeline facilities' in the Natural 
Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipeline 
Safety Act of 1979.". 
SEC. 3. STUDY. 
(a) STUDY REQUIREMENT.—The Secretary of Transportation shall— 
(1) consult with appropriate Federal and State agencies, pipe-
line owners and operators, the fishing and maritime industries, 
and other affected groups, with respect to underwater pipeline 
burial; 
(2) study feasible methods of determining how deeply under-
water pipelines are buried; 
(3) research existing marine safety and vessel operational 
practices relating to underwater pipeline rights-of-way, particu-
larly in shallow offshore waters, and related marine safety and 
navigational technology; and 
(4) consider the availability and quality of navigational charts 
showing the location of pipelines in the marine environment. 
Not later than six months after the date of enactment of this Act, Reports, 
the Secretary of Transportation shall report to the Congress on the 
results of actions taken under this section. 
(b) DEFINITIONS.—For purposes of this section— 
(1) the term "marine environment" has the meaning given 
such term in section 3(1) of the Ports and Waterways Safety Act 
(33 U.S.C 1222(1)); and 
(2) the term "pipelines" has the meaning given the term 
"pipeline facilities" in the Natural Gas Pipeline Safety Act of 
1968 and the Hazardous Liquid Pipeline Safety Act of 1979. 
Approved November 16,1990. 
LEGISLATIVE HISTORY—H.R. 4888: 
HOUSE REPORTS: No. 101-814, Pt. 1 (Comm. on Public Works and Transportation), 
Pt. 2 (Comm. on Energy and Commerce), and Pt. 3 (Comm. on 
Merchant Marine and Fisheries). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Oct. 15, considered and passed House. 
Oct. 27, considered and passed Senate. 
o