2026-22617·DEPARTMENT OF TRANSPORTATION

Deepwater Port Application Processing and Licensing

Proposed RuleComment Period OpenComments open

Published: Nov 5, 2026
Comments close: Jan 4, 2027
Citation: 91 FR 69768
Docket: Docket Number MARAD-2026-0728
Agencies: DEPARTMENT OF TRANSPORTATION, Maritime Administration

Notice of proposed rulemaking and request for comments.

Summary

The proposed rule establishes new procedures for reviewing and issuing licenses for deepwater ports—off‑shore facilities that receive, store, and transfer bulk liquids such as oil. The change is intended to streamline the application process and to place responsibility for the environmental review (under the National Environmental Policy Act) with a single federal lead agency, improving coordination and consistency. The rule is being issued by the Department of Transportation’s Maritime Administration (MARAD), which, under the 2026 National Defense Authorization Act, now serves as the lead agency for the NEPA analysis of all deepwater‑port license requests. The rule does not affect the Coast Guard’s existing duties, which continue to cover the design, construction, equipment, operation, and navigational safety of the ports. The notice was published on November 5, 2026, and the public may submit comments through January 4, 2027. After the comment period closes, MARAD will review the feedback, finalize the regulations, and then apply the new procedures to all future deepwater‑port license applications. Existing applications in progress will be processed under the updated framework once the final rule is adopted.

AI-generated summary — verify against the Federal Register text.

Official abstract

This document proposes procedures for the processing of applications for the licensing of deepwater ports. The proposed rule reflects the transfer of deepwater port license application processing management under the Deepwater Port Act from the United States Coast Guard (USCG) to MARAD. Pursuant to the National Defense Authorization Act for Fiscal Year 2026 (2026 NDAA), MARAD is the Federal lead agency for purposes of the National Environmental Policy Act of 1969 (NEPA) for all deepwater port license applications. USCG responsibility for authorities pertaining to design, construction, equipment, operation of deepwater ports, and navigational safety are not affected by the 2026 NDAA statutory changes, or this proposed rule and will continue to be administered by USCG.