[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: 33CFR148.323]

[Page 193-194]
 
                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. 148.323  Criteria and considerations.

    (a) The Secretary approves an application only after he determines 
that:

[[Page 194]]

    (1) The applicant is financially responsible and will carry 
insurance or give evidence of other financial responsibility in the 
amount of $50,000,000 to cover the clean-up costs and damages that could 
result from a discharge of oil from the deepwater port concerned or from 
a vessel moored at the deepwater port;
    (2) The applicant can and will comply with applicable laws, 
regulations, and license conditions;
    (3) The construction and operation of the deepwater port will be in 
the national interest and consistent with national security and other 
national policy goals and objectives, including energy sufficiency and 
environmental quality;
    (4) The deepwater port will not unreasonably interfere with 
international navigation or other reasonable uses of the high seas, as 
defined by treaty, convention, or customary international law;
    (5) In accordance with the environmental review criteria set forth 
in Appendix A to this part, that the applicant has demonstrated that the 
deepwater port will be constructed and operated using the best available 
technology, so as to prevent or minimize adverse impact on the marine 
environment; and
    (6) The adjacent coastal State to which the deepwater port concerned 
is to be connected by pipeline, has developed, or is making, at the time 
the application was submitted, reasonable progress toward developing an 
approved coastal zone management program pursuant to the Coastal Zone 
Management Act of 1972 in the area to be directly and primarily impacted 
by land and water development in the coastal zone resulting from the 
deepwater port or is receiving a planning grant under section 305 of the 
Coastal Zone Management Act.
    (b) In deciding whether to approve or deny an application and in 
making the related preliminary determinations specified in paragraph (a) 
of this section, the Secretary considers:
    (1) The information set forth in the application concerned and any 
other applications for licenses for the same application area submitted 
in accordance with section 5(d)(3) of the Act;
    (2) The information developed during hearings held pursuant to 
Sec.Sec. 148.231 through 148.291;
    (3) The final environmental impact statement for the application 
area concerned;
    (4) The views of the Secretary of the Army, the Secretary of State, 
and the Secretary of Defense on the adequacy of the application and its 
effects on programs within their respective jurisdictions;
    (5) The views and recommendations of the heads of any other Federal 
departments or agencies having expertise concerning, or jurisdiction 
over, any aspect of the ownership, construction or operation of 
deepwater ports; and
    (6) The opinions of the Federal Trade Commission and the Attorney 
General as to whether issuance of the license would adversely affect 
competition, restrain trade, promote monopolization or otherwise create 
a situation in contravention of the antitrust laws.
    (c) The Secretary does not approve an application if, within the 45-
day period immediately following the completion of the final public 
hearing:
    (1) The Administrator of the Environmental Protection Agency 
determines that the proposed deepwater port will not conform with all 
applicable provisions of the Clean Air Act, as amended, the Federal 
Water Pollution Control Act, as amended, or the Marine Protection, 
Research and Sanctuaries Act, as amended; or
    (2) The Governor of an adjacent coastal State disapproves the 
issuance of the license.