PRIA, Government Policy, Made Personal

Summary

Ships that are not qualified for coastwise trade may carry passengers between Puerto Rico and other U.S. ports. Certificate — a financial-responsibility document from the Federal Maritime Commission that covers passengers if a trip is not performed. Passenger vessel — a ship similar in size or service to other passenger ships covered here. If the ship’s owner or charterer tells the Secretary of the department that runs the Coast Guard that a U.S. passenger ship is offering that route under a certificate, the Secretary must notify vessels using the Puerto Rico route under the exception to stop within 270 days. If the offering ship is a U.S. vessel but not coastwise‑qualified, the Secretary must notify only foreign vessels to stop within 270 days. If the offering ship has not started service within 270 days, the deadline is delayed until 90 days after it begins. If that new service ends, the old permission to operate is restored.

Title 46, §55104

Shipping, Source: USLM XML via OLRC

(a)Definitions.—

In this section: (1) Certificate.—

(2)Passenger vessel.—

The term “passenger vessel” means a vessel of similar size, or offering similar service, as any other vessel transporting passengers under subsection (b).

(b)Exemption.—

Except as otherwise provided in this section, a vessel not qualified to engage in the coastwise trade may transport passengers between a port in Puerto Rico and another port in the United States.

(c)Expiration of Exemption.—

(1)When coastwise-qualified vessel offering service.—

On a showing to the Secretary of the department in which the Coast Guard is operating, by the vessel owner or charterer, that a United States passenger vessel qualified to engage in the coastwise trade is offering or advertising passenger service between a port in Puerto Rico and another port in the United States pursuant to a certificate, the Secretary shall notify the owner or operator of each vessel transporting passengers under subsection (b) to terminate that transportation within 270 days after the Secretary’s notification. Except as provided in subsection (d), the authority to transport passengers under subsection (b) expires at the end of that 270-day period.

(2)When non-coastwise-qualified vessel offering service.—

On a showing to the Secretary, by the vessel owner or charterer, that a United States passenger vessel not qualified to engage in the coastwise trade is offering or advertising passenger service between a port in Puerto Rico and another port in the United States pursuant to a certificate, the Secretary shall notify the owner or operator of each foreign vessel transporting passengers under subsection (b) to terminate that transportation within 270 days after the Secretary’s notification. Except as provided in subsection (d), the authority of a foreign vessel to transport passengers under subsection (b) expires at the end of that 270-day period.

(d)Delaying Expiration.—

If the vessel offering or advertising the service described in subsection (c) has not begun that service within 270 days after the Secretary’s notification, the expiration provided by subsection (c) is delayed until 90 days after the vessel offering or advertising the service begins that service.

(e)Reinstatement of Exemption.—

If the Secretary finds that the service on which an expiration was based is no longer available, the expired authority to transport passengers is reinstated.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 55104(a)(1)46 App.:289c(b) (related to meaning of certificate).Pub. L. 98–563, Oct. 30, 1984, 98 Stat. 2916. 55104(a)(2)46 App.:289c(e). 55104(b)46 App.:289c(a). 55104(c)46 App.:289c(b). 55104(d)46 App.:289c(c). 55104(e)46 App.:289c(d). In subsection (a), the definition of “certificate” is added based on the language in 46 App. U.S.C. 289c(b)(1) and (2) to avoid repeating the substance of the definition twice in the section. In subsection (b), the words “Notwithstanding any other provision of law” and “directly or by way of a foreign port” are omitted as unnecessary.

§55104 Transportation of Passengers Between Puerto Rico and Other Ports in the United States

Summary

Title 46, §55104

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata