HQ 113255: 46 U.S.C. App. 289, 289c; Puerto Rico; Coastwise laws

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                              HQ 113255

                           October 25, 1994

VES-3-02-CO:R:IT:C  113255 GOB

CATEGORY:  Carriers

Jose Passalacqua
Assistant Executive Director for Operations
Puerto Rico Ports Authority
P.O. Box 362829
San Juan, Puerto Rico 00936-2829

RE:  46 U.S.C. App. 289, 289c; Puerto Rico;  Coastwise laws

Dear Mr. Passalacqua:

     This is in response to your letter dated October 13, 1994.

FACTS:

     You state that you are considering the purchase of an
Australian-built vessel to use in the transportation of passengers
from the town of Fajardo, in the east of Puerto Rico, to the
islands of Culebra and Vieques, which are part of Puerto Rico.

     You ask whether the Jones Act applies, and, if so, whether a
waiver may be obtained.

ISSUE:

     Whether the proposed activity may be accomplished in light of
the coastwise passenger statutes.

LAW AND ANALYSIS:

     Generally, the coastwise laws prohibit the transportation of
passengers or merchandise between points in the United States
embraced within the coastwise laws in any vessel other than a
vessel built in, documented under the laws of, and owned by
citizens of the United States.

     The coastwise law applicable to the carriage of passengers is
found in 46 U.S.C. App. 289 and provides that:

     No foreign vessel shall transport passengers between ports  or
places in the United States either directly or by way of    a
foreign port, under a penalty of $200 for each passenger    so
transported and landed. 

                              - 2 -

     46 U.S.C. App. 289c(a) states in pertinent part:

     ...passengers may be transported on passenger vessels not
     qualified to engage in the coastwise trade between ports in
     Puerto Rico and other ports in the United States, directly  or
by way of a foreign port, except as otherwise provided in   this
section.

     The legislative history of this provision makes it clear that
it was intended to permit passenger movement on non-coastwise-
qualified vessels only between Puerto Rico and the United States
mainland.

     Accordingly, pursuant to 46 U.S.C. App. 289, passengers may
not be transported from one point within Puerto Rico to a second
point within Puerto Rico on a non-coastwise-qualified vessel.  The
subject vessel is not eligible for coastwise qualification.  

     Enclosed is a copy of our letter to your office dated May 22,
1987 (108954), which so stated.

     Waivers of the coastwise laws may be granted only when such
action is "necessary in the interest of national defense."  Note
preceding Chapter 1 of Title 46 Appendix, United States Code.  Such
an interest does not appear to be present in this case.

HOLDING:

     Passengers may not be transported from one point within Puerto
Rico to a second point within Puerto Rico on a non-coastwise-
qualified vessel.

                              

                              Sincerely,



                              Arthur P. Schifflin
                              Chief
                              Carrier Rulings Branch