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Title 46 — ShippingRelease 119-73not60

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

Title 46 › Subtitle Subtitle V— Merchant Marine › Part D— Promotional Programs › Chapter 551— COASTWISE TRADE › § 55104

Last updated Apr 5, 2026|Official source

Summary

Vessels that are not allowed to do coastwise trade may carry passengers between Puerto Rico and other U.S. ports unless a U.S. ship announces it will run that route under a special Federal Maritime Commission financial certificate. "Certificate" — the FMC paper showing a company can pay passengers if a trip is not made. "Passenger vessel" — a ship similar in size or service to other passenger ships covered here. If a U.S. coastwise-qualified passenger ship says it will operate under that certificate, the Coast Guard Secretary must tell any vessel using the Puerto Rico route to stop within 270 days. If a U.S. passenger ship that is not coastwise-qualified announces service under the certificate, the Secretary must tell foreign vessels on that route to stop within 270 days. If the announced ship does not start within 270 days, the stop date waits until 90 days after it starts. If the announced service ends, the stopped vessels can resume.

Full Legal Text

Title 46, §55104

Shipping — Source: USLM XML via OLRC

(a)In this section:
(1)The term “certificate” means a certificate of financial responsibility for indemnification of passengers for nonperformance of transportation issued by the Federal Maritime Commission under section 44102 of this title.
(2)The term “passenger vessel” means a vessel of similar size, or offering similar service, as any other vessel transporting passengers under subsection (b).
(b)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)(1)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)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)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)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.

Legislative History

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.

Reference

Citations & Metadata

Citation

46 U.S.C. § 55104

Title 46 — Shipping

Last Updated

Apr 5, 2026

Release point: 119-73not60