PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 255 operation of a vessel of the Armed Forces for which it is reasonable and practicable to require use of a marine pollution control device to mitigate adverse impacts on the marine environment. Notwithstanding subsection (a)(1) of section 553 of title 5, United States Code, the Administrator and the Secretary of Defense shall promulgate the determinations in accordance with such section. The Secretary of Defense shall require the use of a marine pollution control device on board a vessel of the Armed Forces in any case in which it is determined that the use of such a device is reasonable and practicable. "(B) CONSIDEIMTIONS. —In making a determination under subparagraph (A), the Administrator and the Secretary of Defense shall take into consideration— "(i) the nature of the discharge; "(ii) the environmental effects of the discharge; "(iii) the practicability of using the marine pollution control device; "(iv) the effect that installation or use of the marine pollution control device would have on the operation or operational capability of the vessel; "(v) applicable United States law; "(vi) applicable international standards; and "(vii) the economic costs of the installation and use of the marine pollution control device. "(3) PERFORMANCE STANDARDS FOR MARINE POLLUTION CON- TROL DEVICES. — "(A) IN GENERAL.— For each discharge for which a marine pollution control device is determined to be required under paragraph (2), the Administrator and the Secretary of Defense, in consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of State, the Secretary of Commerce, other interested Federal agencies, and interested States, shall jointly promulgate Federal standards of performance for each marine pollution control device required with respect to the discharge. Notwithstanding subsection (a)(1) of section 553 of title 5, United States Code, the Administrator and the Secretary of Defense shall promulgate the standards in accordance with such section. "(B) CONSIDERATIONS. — In promulgating standards under this paragraph, the Administrator and the Secretary of Defense shall take into consideration the matters set forth in paragraph (2)(B). " (C) CLASSES, TYPES, AND SIZES OF VESSELS. —The standards promulgated under this paragraph may— "(i) distingoiish among classes, types, and sizes of vessels; "(ii) distinguish between new and existing vessels; and "(iii) provide for a waiver of the applicability of the standards as necessary or appropriate to a particular class, type, age, or size of vessel. "(4) REGULATIONS FOR USE OF MARINE POLLUTION CONTROL DEVICES.— The Secretary of Defense, after consultation with the Administrator and the Secretary of the department in which the Coast Guard is operating, shall promulgate such regulations
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