(a) Safety zones are developed and designated during the application process for a deepwater port license, and may be established or modified through rulemaking. Rulemakings will afford prior public notice and comment, except when there is good cause not to do so, for example due to an imminent threat to the safety of life and property.

(b) Before a safety zone, no anchoring area (NAA), or area to be avoided (ATBA) is established, all factors detrimental to safety are considered, including but not limited to:

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

(2) 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;

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

(4) 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;

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

(6) Environmental factors;

(7) Economic impact and effects;

(8) Existing vessel traffic services; and

(9) Local practices and customs, including voluntary arrangements and agreements within the maritime community.

(c) The Executive Branch, acting through the Secretary of State and Commandant (CG-5P) proposes NAAs and ATBAs for deepwater ports to the International Maritime Organization (IMO) for approval. The ATBAs will be implemented after IMO approval is granted and announced in an IMO Circular, and after publication of a notice in the Federal Register.