33 U.S.C. § 3824 — Process for considering additional controls
submitted 16 years ago by Pub. L. 111-281 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 350 words · no verdicts yet
This section describes how officials may study and recommend new antifouling-system controls. It requires public notice, public access to technical reports, and public comments.
(a) Actions by Administrator*. The Administrator may participate in Convention* technical groups and other bodies considering controls; evaluate risks to nontarget organisms or human health; assess environmental, technical, and economic matters, including benefits from production and use* in the United States* and elsewhere; and make recommendations.
(b) Referrals to technical group. (1) When a system is referred to the Article 7 technical group, the Secretary* of State must convene a public Shipping Coordinating Committee meeting, announce it in the Federal Register and on the State Department website, and the Administrator must keep a public docket of notices, comments, minutes, and materials. (2) The Administrator must promptly put the technical group’s report in the docket, announce it in the Federal Register, and allow at least 30 days for public comments. (3) The Administrator must consider comments as far as practicable when making recommendations.
The Administrator may—
participate in the technical group described in Article 7 of the Convention*, and in any other body convened pursuant to the Convention for the consideration of new or additional controls on antifouling systems;
evaluate any risks of adverse effects on nontarget organisms or human health presented by a given antifouling system* such that the amendment of annex 1 of the Convention may be warranted;
undertake an assessment of relevant environmental, technical, and economic considerations necessary to evaluate any proposals for new or additional controls of antifouling systems under the Convention, including benefits in the United States* and elsewhere associated with the production and use* in the United States and elsewhere, of the subject antifouling system; and
develop recommendations based on that assessment.
On referral of any antifouling system to the technical group described in article 7 of the Convention for consideration of new or additional controls, the Secretary* of State shall convene a public meeting of the Shipping Coordinating Committee for the purpose of receiving information and comments regarding controls on such antifouling system. The Secretary of State shall publish advance notice of such meeting in the Federal Register and on the State Department’s Web site. The Administrator shall assemble and maintain a public docket containing notices pertaining to that meeting, any comments responding to those notices, the minutes of that meeting, and materials presented at that meeting.
The Administrator shall promptly make any report by the technical group described in the Convention available to the public through the docket established pursuant to subsection (b) and announce the availability of that report in the Federal Register. The Administrator shall provide an opportunity for public comment on the report for a period of not less than 30 days from the time the availability of the report is announced in the Federal Register.
To the extent practicable, the Administrator shall take any comments into consideration in developing recommendations under subsection (a).
Source credit: (Pub. L. 111–281, title X, § 1024, Oct. 15, 2010, 124 Stat. 3026.)
- 2010Enacted · Pub. L. 111-281 · 124 Stat. 3026
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-281 on 2010-10-15.
all 0 arguments · sorted by: best
no arguments yet — make the first case