Coastwise Transportation; 46 U.S.C. § 55103

HQ H079936 October 14, 2009 VES-3-02-RR:BSTC:CCI H079936 GOB CATEGORY: Carriers Thomas F. Kiernan Maritime Technical Services Maersk Line, Ltd. One Commercial Place, 20th Floor Norfolk, VA 23510 RE: Coastwise Transportation; 46 U.S.C. § 55103 Dear Mr. Kiernan: This letter is in response to your letter of October 13, 2009, with respect to the transportation of two individuals. Our ruling is set forth below. FACTS: You ask whether two individuals may be transported on the non-coastwise-qualified MAERSK GEORGIA (the “vessel”), from Suez, Egypt to Newark, New Jersey between October 23, 2009 and November 2, 2009, for the purpose of calibrating and repairing certain systems on the vessel. ISSUE: Whether the proposed transportation of the subject individuals constitutes coastwise trade within the meaning of 46 U.S.C. § 55103? 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. Such a vessel, after it has obtained a coastwise endorsement from the U.S. Coast Guard, is said to be “coastwise qualified.” The coastwise laws generally apply to points in the territorial sea, which is defined as the belt, three nautical miles wide, seaward of the territorial sea baseline, and to points located in internal waters, landward of the territorial sea baseline. The coastwise law applicable to the carriage of passengers is found in 46 U.S.C. § 55103 (recodified by Pub. L. 109-304, enacted on October 6, 2006) and provides that: (a) In General. Except as otherwise provided in this chapter or chapter 121 of this title, a vessel may not transport passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port, unless the vessel- is wholly owned by citizens of the United States for purposes of engaging in the coastwise traffic; and has been issued a certificate of documentation with a coastwise endorsement under chapter 121 or is exempt from documentation but would otherwise be eligible for such a certificate and endorsement. (b) Penalty. The penalty for violating subsection (a) is $300 for each passenger transported and landed. You state that the proposed transportation is from Suez, Egypt (the port of embarkation) to Newark, New Jersey (the port of disembarkation). Because Suez, Egypt is not a port in the U.S., the proposed transportation does not constitute coastwise trade and therefore is not within the scope of 46 U.S.C. § 55103. Consequently, there is no prohibition in 46 U.S.C. § 55103 with respect to the proposed transportation of the individuals. HOLDING: There is no prohibition in 46 U.S.C. § 55103 with respect to the proposed transportation of the individuals. Sincerely, Glen E. Vereb Chief Cargo Security, Carriers and Immigration Branch