VES-3-02 OT:RR:BSTC:CCR H300646 TNA
Denise Schaefer
Odfjell USA Houston Inc.
13100 Space Center Blvd., Ste. 600
Houston, TX 77059
RE: Coastwise Transportation; 46 U.S.C. § 55103; 19 C.F.R. § 4.50(b).
Dear Ms. Schaefer:
This is in response to your correspondence of August 14, 2018, in which you inquire about the coastwise transportation of the two individuals mentioned therein aboard the M/T BOW NEON. Our decision follows.
FACTS:
The voyage in question involves the transportation of the subject individuals aboard the non-coastwise-qualified M/T BOW NEON (“the vessel”). The individuals will embark the vessel in Texas City, Texas on or about August 14, 2018, and will disembark in New Orleans, Louisiana on or about August 20, 2018. The individuals will evaluate the vessel’s last port state control inspection, training manuals, radio and communications procedures and check lists, inspection program for on-board coasting and corrosion prevention, all criteria regarding the vessel’s safe manning certificate and marine salvage plan, the Master’s established bridge standing orders, records for inspections rounds, bridge order book, passage planning, master-pilot information exchange procedures, mooring procedures, cargo transfer operational procedures such as competence, compatibility, stowage plan available, testing and knowledge of equipment used on board to load and discharge cargoes. The individuals will also supervise the vessel’s operations, the vessel crew’s compliance with management policies and international, state or local maritime regulations, as well as review all budgets for the vessel’s operation and ensure that the crew is prepared for SIRE and other inspections.
ISSUE:
Whether the individuals described in the FACTS section are “passengers” within the meaning of 46 U.S.C. § 55103 and 19 C.F.R. § 4.50(b).
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 which provides:
(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-
(1) is wholly owned by citizens of the United States for purposes of engaging in coastwise trade; and
(2) 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.
Section 4.50(b) of the Customs and Border Protection (“CBP”) Regulations provides:
A passenger within the meaning of this part is any person carried on a vessel who is not connected with the operation of the vessel, her navigation, ownership, or business.
Section 4.80(b)(2) of the CBP Regulations provides:
The penalty imposed for the unlawful transportation of passengers between coastwise points is $300 for each passenger so transported and landed on or before November 2, 2015, and $778 for each passenger so transported and landed after November 2, 2015 (46 U.S.C. § 55103, as adjusted by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015).
In the present case, you state that the individuals will evaluate the vessel’s last port state control inspection, training manuals, radio and communications procedures and check lists, inspection program for on-board coasting and corrosion prevention, all criteria regarding the vessel’s safe manning certificate and marine salvage plan, the Master’s established bridge standing orders, records for inspections rounds, bridge order book, passage planning, master-pilot information exchange procedures, mooring procedures, cargo transfer operational procedures such as competence, compatibility, stowage plan available, testing and knowledge of equipment used on board to load and discharge cargoes. The individuals will also supervise the vessel’s operations, the vessel crew’s compliance with management policies and international, state or local maritime regulations, as well as review all budgets for the vessel’s operation and ensure that the crew is prepared for SIRE and other inspections. In accordance with previous Headquarters rulings, workmen, technicians, or observers transported by vessel between ports of the United States are not classified as “passengers,” within the meaning of 46 U.S.C. § 55103 and 19 C.F.R. § 4.50(b), if they are required to be onboard to contribute to the accomplishment of the operation or navigation of the vessel during the voyage or are onboard because of a necessary vessel ownership or business interest during the voyage. HQ 101699 (Nov. 5, 1975); see HQ 116721 (Sept. 25, 2006)(quoting HQ 101699). Furthermore, the shipboard activities engaged in by such aforementioned individuals while traveling on a non-coastwise-qualified vessel between coastwise ports must be “directly and substantially” related to the operation, navigation, ownership, or business of the vessel itself in order for such individuals to not be considered as passengers under these provisions of law.
In the present case, we find that the proposed activities described in your request would be directly and substantially connected to the operation, navigation, ownership, or business of the vessel and we therefore determine that the subject individuals are not “passengers” within the meaning of 46 U.S.C. § 55103 and 19 C.F.R. § 4.50(b). Accordingly, the coastwise transportation of the individuals in question would not be in violation of 46 U.S.C. § 55103.
HOLDING:
The individuals described in the FACTS section above are not “passengers” within the meaning of 46 U.S.C. § 55103 and 19 C.F.R. § 4.50(b). Therefore, the coastwise transportation of such individuals would not be in violation of 46 U.S.C. § 55103.
Sincerely,
Lisa L. Burley
Chief/Supervisory Attorney-Advisor
Cargo Security, Carriers and Restricted Merchandise Branch
Office of Trade, Regulations and Rulings