Page:United States Statutes at Large Volume 122.djvu/2675

 12 2 STA T . 2 65 2 PUBLIC LA W 11 0– 2 8 8 —J UL Y 2 9, 2008 ‘ ‘ (B)CONSIDERAT IONS .—Inpromulgati ng s tan d ards und e rt h is paragraph , the A dministrator shall ta k e into a c count the considerations descri b ed in paragraph ( 2 )(B). ‘‘(C) C L ASSES, T YP ES, AND SI Z ESO FV ESSELS.— T he standards promulgated under this paragraph ma y — ‘‘(i) distinguish among classes, types, and si z es o fv essels ‘‘(ii) distinguish bet w een new and e x isting vessels; and ‘‘(iii) provide for a waiver of the applicability of the standards as necessary or appropriate to a par - ticular class, type, age, or size of vessel. ‘‘( D )TI M IN G .—The Administrator shall— ‘‘(i) promulgate standards of performance for a management practice under subparagraph (A) not later than 1 year after the date of a determination under paragraph (2) that the management practice is reason- able and practicable; and ‘‘(ii) every 5 years thereafter— ‘‘(I) review the standards; and ‘‘(II) if necessary, revise the standards, in accordance with subparagraph (B) and based on any new information available to the Adminis- trator. ‘‘( 4 ) R EG U LATIONS FOR T H E USE OF MANAGEMENT PRA C - TICES.— ‘‘(A) IN GENERAL.—The S ecretary of the department in which the Coast G uard is operating shall promulgate such regulations governing the design, construction, installation, and use of management practices for rec- reational vessels as are necessary to meet the standards of performance promulgated under paragraph ( 3 ). ‘‘(B) REGULATIONS.— ‘‘(i) IN GENERAL.—The Secretary shall promulgate the regulations under this paragraph as soon as prac- ticable after the Administrator promulgates standards with respect to the practice under paragraph (3), but not later than 1 year after the date on which the Administrator promulgates the standards. ‘‘(ii) E FFECTIVE DATE.—The regulations promul- gated by the Secretary under this paragraph shall be effective upon promulgation unless another effective date is specified in the regulations. ‘‘(iii) CONSIDERATION OF TIME.—In determining the effective date of a regulation promulgated under this paragraph, the Secretary shall consider the period of time necessary to communicate the existence of the regulation to persons affected by the regulation. ‘‘(5) EFFECT OF OTHER LA W S.—This subsection shall not affect the application of section 311 to discharges incidental to the normal operation of a recreational vessel. ‘‘( 6 ) P ROHI B ITION RELATING TO RECREATIONAL VESSELS.— After the effective date of the regulations promulgated by the Secretary of the department in which the Coast Guard is oper- ating under paragraph (4), the owner or operator of a rec- reational vessel shall neither operate in nor discharge any discharge incidental to the normal operation of the vessel into, Deadlin e . Deadline s .

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