2018 US Code
Title 46 - Shipping
Subtitle VII - Security and Drug Enforcement
Chapter 700 - Ports and Waterways Safety
Subchapter I - Vessel Operations
Sec. 70004 - Considerations by Secretary

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Citation 46 U.S.C. § 70004 (2018)
Section Name §70004. Considerations by Secretary
Section Text

In carrying out the duties of the Secretary under sections 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.

Source Credit

(Added Pub. L. 115–282, title IV, §401(a), Dec. 4, 2018, 132 Stat. 4257.)

Publication Title United States Code, 2018 Edition, Title 46 - SHIPPING
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 46 - SHIPPING
Subtitle VII - Security and Drug Enforcement
CHAPTER 700 - PORTS AND WATERWAYS SAFETY
SUBCHAPTER I - VESSEL OPERATIONS
Sec. 70004 - Considerations by Secretary
Contains section 70004
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law Yes
Disposition standard
Statutes at Large References 132 Stat. 4257
Public Law References Public Law 115-282
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