33 C.F.R. § 148.105 What must I include in my application?
Title 33 - Navigation and Navigable Waters
Your application must include the information required by paragraphs (a) through (cc) of this section. (a) For each applicant, affiliate, and consultant: (1) The name, address, telephone number, citizenship, and principal business activity of the applicant and its affiliates; (2) The name, address, and principal business activity of each subsidiary or division of the applicant or its affiliates that participated in the decision to apply for a license to build a deepwater port; (3) A description of how each affiliate is associated with the applicant and of the ownership interest each affiliate has in the applicant; (4) A list of corporate officers and directors of the applicant and each affiliate that participated in the decision to apply for a license to build a deepwater port; (5) A statement on the applicant's and each affiliate's history for the last 5 years, including: (i) Any bankruptcy filing, their dates, and statuses in the event the activity results in reorganization; (ii) Any violations of State or Federal laws; and (iii) Outstanding litigation that relates to, or could materially affect, information in the license application; and (6) A declaration regarding lobbying activities on behalf of either the applicant or an affiliate under 31 U.S.C. 1352. (b) Experience in matters relating to deepwater ports. (1) A description of the experience of the applicant, its affiliates, and its consultants in offshore operations, particularly operations involving the transfer and storage of liquid cargo and the loading and unloading of vessels. (2) For each affiliate with which the applicant has made a significant contract for the construction of any part of the deepwater port, a description of that affiliate's experience in construction of marine terminal facilities, offshore structures, underwater pipelines, and seabed foundations and a description of other experiences that would bear on the affiliate's qualification to participate in the construction of a deepwater port. (c) The identity of each engineering firm, if known, that will design the deepwater port or a portion of the port. The firm's: (1) Name; (2) Address; (3) Citizenship; (4) Telephone number; and (5) Qualifications. (d) United States citizenship. (1) As used in this paragraph (d) the terms “president,” “chairman,” “directors,” and “board of directors” (or “board”) refer to those officers and boards or their equivalents by whatever means they may be known. References to “charters,” “certificates,” or other documents refer to legally sufficient documents by those names or their equivalents. (2) If the applicant is an individual citizen of the United States by law, birth, or naturalization, or a group of such individuals, submit an affidavit of U.S. citizenship from each individual. (3) If the applicant is a State agency of a State, or a group of states, submit the law or laws authorizing the applicant to undertake the operations detailed in the application. (4) If the applicant is a private corporation, submit its current charter or certificate of incorporation; its current by-laws; and affidavits of citizenship (U.S. or foreign) from its president, chairman of the board of directors and each director. (5) If the applicant is a partnership or association not formed or owned solely by individual citizens of the United States, submit its certificate of formation; its partnership agreement or articles of association; its current by-laws; the minutes of its first board meeting; and affidavits of citizenship (U.S. or foreign) from the president and each director. (e) Address for service of documents. The name and address of one individual who may be served with documents in case a formal hearing is held concerning the application, and the name and address of one individual who may receive other documents. (f) Location and use. The proposed location and capacity of the deepwater port and a general description of the anticipated use of the port. (g) Financial information. (1) For the applicant and each affiliate with an ownership interest in the applicant of greater than 3 percent, and affiliates which have a direct contractual relationship with the deepwater port: (i) Annual financial statements, audited by an independent certified public accountant, for the previous 3 years, including, but not limited to, an income statement, balance sheet, and cash flow statement with footnote disclosures prepared according to U.S. Generally Accepted Accounting Principles; provided, however, that the Commandant (G-M), in coordination with MARAD, may waive this requirement upon finding that the affiliate does not in the normal course of business produce audited statements and is part of a larger corporate group whose audited statement provides sufficient information to support an adequate assessment of the affiliate's relationship with and impact on the applicant; and (ii) Interim income statements and balance sheets for each quarter that ends at least 30 days before submission of the application, unless it is included in the most recent annual financial statement. (2) An estimate of construction costs, including: (i) A phase-by-phase breakdown of costs; (ii) The estimated completion dates for each phase; and (iii) A detailed estimate of the cost of removing all of the marine components of the deepwater port, other than pipelines that lie beneath the seabed, when operations at the port cease. (3) Annualized projections or estimates of each of the following, along with the underlying assumptions, for the next 5 years and at reasonable intervals throughout the life of the deepwater port: (i) Total oil or natural gas throughput and subtotals showing throughput owned by the applicant and its affiliates and throughput owned by others; (ii) Projected financial statements, including a balance sheet and income statement; and (iii) Annual operating expenses, showing separately any payment made to an affiliate for any management duties carried out in connection with the operation of the deepwater port. (4) A copy of all proposals or agreements concerning the management and financing of the deepwater port, including agreements relating to throughputs, capital contributions, loans, guarantees, commitments, charters, and leases. (5) The throughput reports for the calendar year preceding the date of the application for the applicant and each of the applicant's affiliates engaged in producing, refining, or marketing oil or natural gas, along with a copy of each existing or proposed throughput agreement. Each throughput report must list the throughput of the following products: (i) Crude oil. If crude oil is the only product the port is designed to transport, the throughput report may be limited to reporting crude oil; (ii) Gasoline; (iii) Jet aviation fuel; (iv) Distillate fuel oils; (v) Other refinery products; and (vi) Natural gas. (h) Construction contracts and construction-related studies. (1) A copy of each contract that the applicant made for the construction of any component of the deepwater port or for the operation of the port. (2) A listing and abstract of: (i) All completed or ongoing studies on deepwater ports conducted by or for the applicant; and (ii) All other construction-related studies used by the applicant. (3) The identity of each contractor, if known, that will construct or install the deepwater port or a portion of the port, including each firm's: (i) Name; (ii) Address; (iii) Citizenship; (iv) Telephone number; and (v) Qualifications. (i) Compliance with Federal water pollution requirements. (1) Evidence, to the extent available, that the requirements of section 401(a)(1) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1341(a)(1), will be satisfied. If complete information is not available by the time MARAD must either approve or deny the application under 33 U.S.C. 1504(i)(1), the license for the deepwater port is conditioned upon the applicant demonstrating that the requirements of section 401(a)(1) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1341(a)(1), will be satisfied. (2) In those cases where certification under 33 U.S.C. 1341(a)(1) must be obtained from the Administrator of the Environmental Protection Agency, the request for certification, and pertinent information (e.g., plume modeling) related to the certification. (j) Coastal zone management. A request for each certification required by section 307 of the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1456). (k) Identification of lease block. (1) Identification of each lease block where any part of the proposed deepwater port or its approaches is located. This identification must be made on Official Outer Continental Shelf Leasing Maps or Protraction diagrams, where they are available. For each lease block, provide the following: (i) A description of each pipeline, or other right-of-way crossing, in enough detail to allow plotting of the rights-of-way to the nearest one-tenth of a second in latitude and longitude; and (ii) The identity of the lessee of each pipeline or other right-of-way. (2) Detailed information concerning any interest that anyone, including the applicant, has in each block. (3) Detailed information concerning the present and planned use of each block. (l) Overall site plan. Single-line drawings showing the location and type of each component of the proposed deepwater port and its necessary facilities, including: (1) Floating structures; (2) Fixed structures; (3) Aids to navigation; (4) Manifold systems; and (5) Onshore storage areas, pipelines, and refineries. (m) Site plan for marine components. A site plan consisting of the following: (1) The proposed size and location of all: (i) Fixed and floating structures and associated components seaward of the high water mark only, if the proposal does not involve a connected action (i.e., installation of new pipeline extending in shore of the state boundary line); (ii) Recommended ships' routing measures and proposed vessel traffic patterns in the port area, including aids to navigation; (iii) Recommended anchorage areas and, for support vessels, mooring areas; and (2) A reconnaissance hydrographic survey of the proposed marine site. This survey should provide data on the water depth, prevailing currents, cultural resources, and a general characterization of the sea bottom. A requirement to submit an engineering hydrographic survey of the final marine site will be imposed as a condition in the license. The latter survey will require more extensive analysis of the soil and detailed study to determine its physical composition (i.e., minerals), and if the sea bottom can support fixed components comprising a deepwater port. The applicant may submit existing data, gathered within the previous 2 years, but it must be supplemented by field data for the specific locations in which a high degree of variability exists. (n) Soil data. An analysis of the general character and condition of the ocean bottom, sub-bottom, and upland soils throughout the marine site. The applicant may use existing data, so long as it was collected within the last 2 years and continues to provide accurate information about conditions throughout the site. If not, a new survey must be completed to provide supplemental data. The analysis must include an opinion by a registered professional engineer specializing in soil mechanics concerning: (1) The suitability of the soil to accommodate the anticipated design load of each marine component that will be fixed to or supported on the ocean floor; and (2) The stability of the seabed when exposed to the environmental forces resulting from severe storms or lesser forces that occur over time, including any history of accretion or erosion of the coastline near the marine site. (o) Archeological information. An analysis of the information from the reconnaissance hydrographic survey by a qualified underwater archeologist to determine the historical or other significance of the area where the site evaluation and pre-construction testing activities were conducted. This analysis must meet standards established by the Mineral Management Service for activities on the Outer Continental Shelf and include the areas potentially affected by the deepwater port, other associated platforms, and its pipeline routes. (p) Vessel operational information. Description of information, to be provided in the operations manual, pertaining to vessel operations, vessel characteristics and weather forecasting. (q) Information on floating components. (1) A description and preliminary design drawing of each floating component, including the hoses, anchoring or securing structure, and navigation lights if the component is a mooring buoy. (2) The design criteria, developed under part 149 of this chapter, to which each floating component will be designed and built. (3) The design standards and codes to be used. (4) The title of each recommended engineering practice to be followed. (5) A description of safety, fire-fighting, and pollution prevention equipment to be used on each floating component. (6) A description of lighting to be used on floating hoses for night detection. (r) Information on fixed offshore components. (1) A description and preliminary design drawing for each fixed offshore component. (2) The design criteria, developed under part 149 of this chapter, to which each fixed offshore component will be designed and built. (3) The design standards and codes to be used. (4) The title of each recommended engineering practice to be followed. (5) A description of the following equipment to be installed: (i) Navigational lighting; (ii) Safety equipment; (iii) Lifesaving equipment; (iv) Firefighting equipment; (v) Pollution prevention equipment (response equipment will be outlined in the facility response plan); and (vi) Waste treatment equipment. (6) A description and preliminary design drawing of the following: (i) The cargo pumping equipment; (ii) The cargo piping system; (iii) The control and instrumentation system; and (iv) Any associated equipment, including oil or natural gas-throughput-measuring equipment, leak-detection equipment, emergency-shutdown equipment, and the alarm system. (7) The personnel capacity of each deepwater port pumping platform complex. (s) Information on offshore pipelines. (1) A description and preliminary design drawing of the marine pipeline, including: (i) Size; (ii) Throughput capacity; (iii) Length; (iv) Depth of cover; and (v) Protective devices. (2) The design criteria to which the marine pipeline will be designed and built. (3) The design standards and codes to be used. (4) The title of each recommended engineering practice to be followed. (5) A description of the metering system to be used to measure flow rate. (6) Information concerning all submerged or buried pipelines that will be crossed by the offshore pipeline and how each crossing will be made. (t) Information on onshore components. The information required by paragraphs (t)(1) through (t)(3) must be supplied to the extent known by the applicant. (1) A description of the location, capacity, and ownership of all planned and existing onshore pipelines, storage facilities, refineries, petrochemical facilities, and transshipment facilities that will be served by the deepwater port. Crude oil or natural gas gathering lines and lines wholly within a deepwater port must be included in data on onshore components only if specifically required. Entry points and major connections between lines and with bulk purchasers must be included. (2) A chart showing the location of all planned and existing facilities that will be served by the port, including: (i) Onshore pipelines; (ii) Storage facilities; (iii) Refineries; (iv) Petrochemical facilities; and (v) Transshipment facilities. (3) A copy of all proposals or agreements with existing and proposed refineries that will receive oil transported through the deepwater port, the location and capacity of each such refinery and the anticipated volume of such oil to be refined by each such refinery to the extent known by the applicant. (u) Information on miscellaneous components. (1) A description of each radio station or other communications facility to be used during construction and operation of the deepwater port and their proposed concept of operation. (2) A description of the radar navigation system to be used in operation of the deepwater port outlined in the operations manual. (3) A description of the method to be used for bunkering vessels using the deepwater port. (4) A brief description of the type, size, and number of vessels to be used in bunkering, mooring, and servicing the vessels using the deepwater port. (5) A description and location of shore-based support facilities, if any, to be provided for vessels described in paragraph (u)(4) of this section; or that serve as offices or facilities in support of the deepwater port operations. (6) A copy of the actual radio station license, or if not available, the application sent to the Federal Communications Commission. (v) Construction procedures. A description of the method and procedures to be used in constructing each component of the deepwater port (e.g., shore-side fabrication, assembly and support), including anticipated dates of completion for each specific component during each phase of construction. (w) Operations manual. A draft of the operations manual for the proposed port containing the information under §150.15 of this chapter must demonstrate the applicant's ability to operate the port safely and effectively. To the extent circumstances are similar, this demonstration can be in the form of evidence, appended to the draft operations manual, of the applicant's participation in the safe and effective management or operation of other offshore facilities (for example, evidence of compliance with Mineral Management Service requirements for those facilities). If the information required for the manual is not available, state why it is not and when it will be available. (x) Environmental evaluation. An analysis, sufficient to meet the requirements of the National Environmental Policy Act, and as outlined in subpart G of this part, of the potential for impacts on the natural and human environments, including sufficient information to comply with all applicable Federal, tribal, and state requirements for the protection of the environment. (y) Aids to navigation. (1) For each proposed aid to navigation, the proposed position of the aid described by latitude and longitude coordinates to the nearest second or tenth of a second as determined from the largest scale chart of the area in which the aid is to be located. Specify latitude and longitude to a level obtained by visual interpolation between the finest graduation of the latitude and longitude scales on the chart. (2) For each proposed obstruction light and rotating lighted beacon: (i) Color; (ii) Characteristic; (iii) Effective intensity; (iv) Height above water; and (v) General description of illumination apparatus. (3) For each proposed sound signal on a structure, a general description of the apparatus. (4) For each proposed buoy: (i) Shape; (ii) Color; (iii) Number or letter; (iv) Depth of water in which located; and (v) General description of any light or sound signal apparatus on the buoy. (5) For the proposed radar beacon (RACON), height above water and a general description of the apparatus. (z) National Pollutant Discharge Elimination System (NPDES). To the extent available, the information prescribed by, and submitted on, the NPDES Application for Permit to Discharge, Short Form D, for applying for a discharge permit from the Environmental Protection Agency (EPA). If complete information is not available by the time MARAD must either approve or deny the application for a designated application area under 33 U.S.C. 1504(i)(1), the license for the deepwater port is conditioned upon the applicant receiving the required discharge permit from the EPA before the start of any discharge requiring such a permit. The issuance of the permit demonstrates that all potential water discharges have been satisfactorily analyzed and water quality control measures implemented to mitigate discharges to meet NPDES. (aa) Placement of structures and the discharge of dredged or fill material. The information required to obtain a Department of Army permit for placement of structures and the discharge of dredged or fill material. (bb) Additional Federal authorizations. All other applications for Federal authorizations not listed elsewhere in this subpart that are required for ownership, construction, and operation of a deepwater port. (cc) A statement that the information in the application is true. This statement must be placed at the end of the application, sworn to before a notary public, and signed by a responsible official of the applicant.
Title 33: Navigation and Navigable Waters
PART 148—DEEPWATER PORTS: GENERAL
Subpart B—Application for a License
§ 148.105 What must I include in my application?
