---
kind: "section"
citation: "33 U.S.C. § 3824"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "3824"
heading: "Process for considering additional controls"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/3824"
units:
  - "Chapter 51 — Clean Hulls"
  - "Subchapter II — Implementation of the Convention"
---

# §3824. Process for considering additional controls

- (a) **Actions by Administrator—** The [Administrator](/usc/33/3801.md?p=1) may—
  - (1) participate in the technical group described in Article 7 of the [Convention](/usc/33/3801.md?p=3), and in any other body convened pursuant to the [Convention](/usc/33/3801.md?p=3) for the consideration of new or additional controls on [antifouling systems](/usc/33/3801.md?p=2);
  - (2) evaluate any risks of adverse effects on nontarget organisms or human health presented by a given [antifouling system](/usc/33/3801.md?p=2) such that the amendment of annex 1 of the [Convention](/usc/33/3801.md?p=3) may be warranted;
  - (3) undertake an assessment of relevant environmental, technical, and economic considerations necessary to evaluate any proposals for new or additional controls of [antifouling systems](/usc/33/3801.md?p=2) under the [Convention](/usc/33/3801.md?p=3), including benefits in the [United States](/usc/33/3801.md?p=14) and elsewhere associated with the production and use in the [United States](/usc/33/3801.md?p=14) and elsewhere, of the subject [antifouling system](/usc/33/3801.md?p=2); and
  - (4) develop recommendations based on that assessment.
- (b) **Referrals to technical group—**
  - (1) **Convening of Shipping Coordinating Committee—** On referral of any [antifouling system](/usc/33/3801.md?p=2) to the technical group described in article 7 of the [Convention](/usc/33/3801.md?p=3) 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](/usc/33/3801.md?p=2). 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](/usc/33/3801.md?p=1) 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.
  - (2) **Report by technical group—** The [Administrator](/usc/33/3801.md?p=1) shall promptly make any report by the technical group described in the [Convention](/usc/33/3801.md?p=3) available to the public through the docket established pursuant to [subsection (b)](#b) and announce the availability of that report in the Federal Register. The [Administrator](/usc/33/3801.md?p=1) 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.
  - (3) **Consideration of comments—** To the extent practicable, the [Administrator](/usc/33/3801.md?p=1) shall take any comments into consideration in developing recommendations under [subsection (a)](#a).

## Source credit

(Pub. L. 111–281, title X, § 1024, Oct. 15, 2010, 124 Stat. 3026.)
