[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR148.217]

[Page 187-188]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 148--GENERAL--Table of Contents
 
                    Subpart C--Application Proceeding
 
Sec. 148.217  Designation of adjacent coastal States.

    (a) The Assistant Commandant for Marine Safety, Security and 
Environmental Protection, in issuing a notice of application pursuant to 
section 5(c)(1) of the Act, designates as an adjacent coastal State each 
State which would be directly connected by pipeline to the deepwater 
port proposed in the application or which is within 15 miles of the 
proposed deepwater port. A State not designated as an adjacent coastal 
State in the notice of application may request to be so designated on 
the basis that the risk of damage to its coastal environment is equal to 
or greater than the risk posed to a State directly connected by pipeline 
to the proposed deepwater port.
    (b) Each request submitted under paragraph (a) of this section must:
    (1) Be submitted in writing to the application staff within 14 days 
after the date of publication of the notice of application in the 
Federal Register;
    (2) Be signed by the Governor of the State;

[[Page 188]]

    (3) Set forth the facts and any available analyses in support of the 
request together with any available documentation concerning the risk of 
damage to the coastal environment of the requesting State that could 
occur as a result of the establishment of a deepwater port; and
    (4) State why the requesting State believes the risk of damage to 
its coastal environment is equal to or greater than the risk posed to a 
State connected by a pipeline to the proposed deepwater port.
    (c) The application staff transmits a copy of each request submitted 
in accordance with paragraph (b) of this section to the Administrator of 
the National Oceanic and Atmospheric Administration and requests his 
recommendations within a period of time that will allow the Secretary to 
determine the matter within 45 days after the date the request was 
received.
    (d) If, after having received the recommendation of the 
Administrator of the National Oceanic and Atmospheric Administration, 
the Secretary determines that there is a risk of damage to the coastal 
environment of the requesting State equal to or greater than the risk 
posed to a State directly connected to the proposed deepwater port, he 
grants the request and designates the requesting State as an adjacent 
coastal State. If he determines that there is not such a risk, he denies 
the request and so notifies the Governor of the requesting State.

[CGD 75-002, 40 FR 52553, Nov. 10, 1975, as amended by CGD 88-052, 53 FR 
25121, July 1, 1988; CGD 96-026, 61 FR 33665, June 28, 1996; CGD 97-023, 
62 FR 33363, June 19, 1997; USCG-2002-12471, 67 FR 41332, June 18, 2002]