Title 46 — ShippingRelease 119-73not60

§70004 Considerations by Secretary

Title 46 › Subtitle Subtitle VII— Security and Drug Enforcement › Chapter 700— PORTS AND WATERWAYS SAFETY › Subchapter I— VESSEL OPERATIONS › § 70004

Last updated Apr 5, 2026|Official source

Summary

When carrying out duties under sections 70001, 70002, and 70003, the Secretary must weigh all factors that affect navigation, vessel safety, the marine environment, and the security of US ports and waterways. That includes the level of risk; ship traffic patterns (volume, size and type of vessels, possible interference, and unusual cargoes); port layout and local geography and weather; whether some small boats (for example, self‑propelled fishing and recreational vessels) should be exempt from certain equipment rules; nearby fishing or oil and gas activity; environmental and economic effects; existing vessel traffic services; and local practices or voluntary agreements. The Secretary must also, as early as possible, talk with and consider the views of people who will be affected, such as maritime operators, port and harbor officials, environmental groups, and others.

Full Legal Text

Title 46, §70004

Shipping — Source: USLM XML via OLRC

In carrying out the duties of the Secretary under section 70001, 70002, and 70003, the Secretary shall—

(1)take into account all relevant factors concerning navigation and vessel safety, protection of the marine environment, and the safety and security of United States ports and waterways, including—

(A)the scope and degree of the risk or hazard involved;

(B)vessel traffic characteristics and trends, including traffic volume, the sizes and types of vessels involved, potential interference with the flow of commercial traffic, the presence of any unusual cargoes, and other similar factors;

(C)port and waterway configurations and variations in local conditions of geography, climate, and other similar factors;

(D)the need for granting exemptions for the installation and use of equipment or devices for use with vessel traffic services for certain classes of small vessels, such as self-propelled fishing vessels and recreational vessels;

(E)the proximity of fishing grounds, oil and gas drilling and production operations, or any other potential or actual conflicting activity;

(F)environmental factors;

(G)economic impact and effects;

(H)existing vessel traffic services; and

(I)local practices and customs, including voluntary arrangements and agreements within the maritime community; and

(2)at the earliest possible time, consult with and receive and consider the views of representatives of the maritime community, ports and harbor authorities or associations, environmental groups, and other persons who may be affected by the proposed actions.

Reference

Citations & Metadata

Citation

46 U.S.C. § 70004

Title 46 — Shipping

Last Updated

Apr 5, 2026

Release point: 119-73not60