(a) When more than one application is submitted for a deepwater port in the same application area under 33 U.S.C. 1504(d), only one application is approved. Except as provided in paragraph (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. [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39177, July 1, 2013]