12 2 STA T . 2 65 1 PUBLIC LA W 11 0– 2 8 8 —J UL Y 2 9, 2008 ‘ ‘ (A)inc i de n tal t o t h eno rm alo p eration o f the v e s sel
and ‘‘( B )e x empt from permittin g re qu irements under sec - tion 402 (r) . ‘‘(2) DET E RMINA TI O NO FD I SCH AR G ESS UBJ ECT TO MANAGE- MENT P RACTICES. — ‘‘(A) DETERMINATION.— ‘‘(i) I N GENERA L .— T he Administrator , in consulta- tion w ith the S ecretar y of the department in which the C oast G uard is operating, the Secretary of Com- merce, and interested States, shall determine the dis- charges incidental to the normal operation of a rec- reational vessel for which it is reasona b le and prac- ticable to develop management practices to mitigate adverse impacts on the waters of the U nited States. ‘‘(ii) P ROMULGATION.—The Administrator shall promulgate the determinations under clause (i) in accordance with section 5 5 3 of title 5, United States Code. ‘‘(iii) M ANAGEMENT PRACTICES.—The Administrator shall develop management practices for recreational vessels in any case in which the Administrator deter- mines that the use of those practices is reasonable and practicable. ‘‘(B) CONSIDERATIONS.—In ma k ing a determination under subparagraph (A), the Administrator shall consider— ‘‘(i) the nature of the discharge; ‘‘(ii) the environmental effects of the discharge; ‘‘(iii) the practicability of using a management practice; ‘‘(iv) the effect that the use of a management prac- tice would have on the operation, operational capa- bility, or safety of the vessel; ‘‘(v) applicable F ederal and State law; ‘‘(vi) applicable international standards; and ‘‘(vii) the economic costs of the use of the manage- ment practice. ‘‘(C) TIMING.—The Administrator shall— ‘‘(i) make the initial determinations under subpara- graph (A) not later than 1 year after the date of enact- ment of this subsection; and ‘‘(ii) every 5 years thereafter— ‘‘(I) review the determinations; and ‘‘(II) if necessary, revise the determinations based on any new information available to the Administrator. ‘‘(3) PERFORMANCE STANDARDS FOR MANAGEMENT PRAC- TICES.— ‘‘(A) IN GENERAL.—For each discharge for which a management practice is developed under paragraph (2), the Administrator, in consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of Commerce, other interested Federal agen- cies, and interested States, shall promulgate, in accordance with section 553 of title 5, United States Code, Federal standards of performance for each management practice required with respect to the discharge. Deadlin e s.
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