[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: 33CFR148.325]

[Page 194-195]
 
                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. 148.325  Multiple applications.

    (a) Except as provided in paragraph (b) of this section, in the case 
of more than one application for a deepwater port license in a 
designated application area, only one application may be approved 
according to the following order of priorities:
    (1) An applicant that is an adjacent coastal State (or combination 
of States), any political subdivision thereof or agency or 
instrumentality, including a wholly owned corporation thereof.
    (2) An applicant who is not:
    (i) Engaged in producing, refining, or marketing oil;

[[Page 195]]

    (ii) An affiliate of any person who is engaged in producing, 
refining or marketing oil; or
    (iii) An affiliate of such an affiliate.
    (3) Any other applicant.
    (b) Notwithstanding the order of priorities listed in paragraph (a) 
of this section, if the Secretary determines that one of the proposed 
deepwater ports will clearly best serve the national interest, he may 
approve the application for that port. In making this determination, the 
Secretary considers:
    (1) The degree to which the proposed deepwater ports affect the 
environment as determined under the review criteria set forth in 
Appendix A to this part;
    (2) Any significant differences between anticipated completion dates 
for the proposed deepwater ports; and
    (3) Any differences in costs of construction and operation of the 
proposed deepwater ports to the extent that such differential may 
significantly affect the ultimate cost of oil to the consumer.