Deepwater Port Paperwork Changes Hands From Coast Guard to MARAD
Published Date: 11/5/2026
Proposed Rule
Summary
The government is switching who handles deepwater port license applications from the Coast Guard to the Maritime Administration (MARAD). This change means MARAD will lead the environmental review process, while the Coast Guard keeps managing port safety and operations. If you’re involved in deepwater ports, get ready to send your comments by January 4, 2027, and watch for new rules that could affect how licenses are processed.
Analyzed Economic Effects
6 provisions identified: 4 benefits, 2 costs, 0 mixed.
Application fee and cost estimates remain substantial
Applicants must pay a nonrefundable application fee of $350,000 (the rule retains the current fee) and reimburse the government for application processing costs as required by statute. MARAD estimates the application process takes 5,232 hours per application (total annual burden 10,464 hours) and reports total estimated costs of $705,843 (including the $350,000 fee) and additional industry costs of about $770,952.64 for professional services.
MARAD now leads license processing
If you apply for a deepwater port license, the Maritime Administration (MARAD) will now manage application processing and lead National Environmental Policy Act (NEPA) reviews pursuant to the 2026 NDAA. The U.S. Coast Guard (USCG) will still handle design, construction, equipment, operation, navigational safety, and certain risk/consequence authorities.
Lowered filing and survey burdens
MARAD would require only one printed copy and one electronic copy of applications instead of multiple physical copies, and would allow use of existing hydrographic and engineering geological survey data collected within the previous 5 years (or longer with MARAD approval) rather than forcing new offshore surveys. MARAD also proposes deleting obsolete requirements and some survey specifications.
Applicant-controlled timeline and technical help
Under the proposed rule, MARAD would suspend application review timelines only when the applicant requests suspension to provide additional information. An applicant who receives a MARAD request for additional information may request a technical assistance meeting with MARAD and relevant cooperating agencies. An application may be denied only if required information is not submitted within the statutory review period as tolled by approved suspension requests.
Governor action deadline set to 45 days
MARAD will accept approval or disapproval decisions from Governors of Adjacent Coastal States only within the 45-day period after the close of the final public hearing on an application and not before the final public hearing.
60-day public comment window (deadline Jan 4, 2027)
Stakeholders may submit comments on the proposed rule during a 60-day public comment period; comments must be filed on or before January 4, 2027. MARAD will post comments to the public docket at regulations.gov.
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Key Dates
Department and Agencies
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