---
kind: "section"
citation: "33 C.F.R. § 148.281"
title: "33"
number: "148.281"
heading: "What happens when more than one application is submitted for a deepwater port in the same application area?"
url: "https://uscodex.org/cfr/33/148.281"
---

# §148.281. What happens when more than one application is submitted for a deepwater port in the same application area?

- (a) When more than one application is submitted for a deepwater port in the same application area under [33 U.S.C. 1504(d)](/usc/33/1504.md?p=d), only one application is approved. Except as provided in [paragraph (b)](#b) of this section, applicants receive priority in the following order:
  - (1) An Adjacent Coastal State or combination of States, political subdivision of the State, or an agency or instrumentality, including a wholly owned corporation of the State;
  - (2) **A person that is—**
    - (i) Not engaged in producing, refining, or marketing oil;
    - (ii) Not an affiliate of a person engaged in producing, refining, or marketing oil; or
    - (iii) Not an affiliate of a person engaged in producing, refining, or marketing oil; and then
  - (3) **Any other applicant.**
- (b) MARAD may also approve one of the proposed deepwater ports if it determines that that deepwater port will best serve the national interest. In making this determination, MARAD considers:
  - (1) The degree to which each deepwater port will affect the environment, as determined under the review criteria in subpart G to this part;
  - (2) The differences between the anticipated completion dates of the deepwater ports; and
  - (3) The differences in costs for construction and operation of the deepwater ports that would be passed on to consumers of oil.
- (c) **This section does not apply to applications for natural gas deepwater ports.**

## Notes

### Amendments

[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39177, July 1, 2013]

### Authority

Authority: 33 U.S.C. 1504; Department of Homeland Security Delegation No. 0170.1 (75).

### Source

Source: USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, unless otherwise noted.

### Amendments

[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39177, July 1, 2013]