46 U.S.C. § 70004 — Considerations by Secretary

In carrying out sections 70001, 70002, and 70003, the Secretary must consider all relevant navigation, vessel^*-safety, marine-environment, and United States port and waterway security factors, including: (A) the risk or hazard’s scope and seriousness; (B) traffic volume, vessel size and type, possible interference with commercial traffic, unusual cargo, and similar factors; (C) port and waterway layout and local geography, climate, and similar conditions; (D) whether small vessels such as self-propelled fishing and recreational vessels need equipment exemptions; (E) nearby fishing grounds, oil and gas operations, and conflicting activities; (F) environmental factors; (G) economic effects; (H) existing services; and (I) local practices, customs, voluntary arrangements, and maritime-community agreements. As early as possible, the Secretary must consult and consider views from maritime-community representatives, port and harbor authorities or associations, environmental groups, and others who may be affected.