VES-3-02-RR:BSTC:CCI H152582 WRB
Ms. Cathryn Lucido
Metro Shore Services
Pier 35
San Francisco, CA 94133
RE: Coastwise Transportation; 46 U.S.C. § 55103; 19 C.F.R. § 4.50(b)
Dear Ms. Lucido:
This letter is in response to your correspondence of March 8, 2011, with respect to the disembarkation of a passenger due to a family medical emergency. Our ruling is set forth below.
FACTS:
You request that a violation of the Passenger Vessel Services Act, 46 U.S.C. § 55103, and associated penalty, be waived due to a family medical emergency experienced during a voyage. A passenger embarked the non-coastwise-qualified M/S MARINA at the Port of Los Angeles, California, February 23, 2011. Due to the death of the passenger’s mother, he disembarked the vessel February 26, 2011 in the Port of San Francisco, California.
ISSUE:
Whether the disembarkation of a passenger experiencing a family medical emergency under the circumstances described constitutes a violation 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.
Title 46 United States Code 12103(a) provides, in pertinent part, “Except as otherwise provided, a certificate of documentation for a vessel may be issued under this chapter only if the vessel is… “(3) not documented under the laws of a foreign country.” 46 U.S.C. § 12103. A review of the vessel information on the Oceania Cruises website indicates that the M/S MARINA is registered in the Marshall Islands, and is, therefore, a foreign-flagged vessel. As the vessel is foreign-flagged, it is documented under the laws of a foreign country, and, therefore, not eligible for a certificate of documentation, coastwise or other.
Section 4.50(b), Customs and Border Protection (“CBP”) Regulations (19 CFR § 4.50(b)) provides as follows:
A passenger within the meaning of this part is any person carried on a vessel who is not connected with the operation, navigation, ownership, or business of the vessel.
In the present matter, coastwise transportation of passengers occurred when the passenger traveled from Los Angeles to San Francisco. As the vessel is documented under the laws of a foreign country, it would not eligible for a certificate of documentation with a coastwise endorsement. Therefore, a violation of 46 U.S.C. § 55103 occurred when this passenger disembarked at San Francisco, having traveled there from Los Angeles aboard
a non-coastwise-qualified vessel. By its terms, 46 U.S.C. § 55103 does not provide an exemption for medical emergencies. After extensive research, we have been unable to locate any jurisprudential or statutory authority for such an exemption for medical emergencies. Accordingly, we are of the opinion that the disembarkation of a passenger experiencing a family medical emergency as discussed in the FACTS section above constitutes a violation of 46 U.S.C. § 55103.
HOLDING:
The disembarkation of a passenger experiencing a family medical emergency as discussed in the FACTS section above constitutes a violation of 46 U.S.C. § 55103.
Sincerely,
George Frederick McCray
Supervisory Attorney-Advisor/Chief
Cargo Security, Carriers and Immigration Branch
Office of International Trade, Regulations & Rulings
U.S. Customs and Border Protection