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HQ 111341

January 28, 1991
VES-3-CO:R:IT:C 111341 LLB

CATEGORY: CARRIER

Mr. Alan Freedman
Manager, Marine Operations
Commodore Cruise Line
800 Douglas Road
Coral Gables, Florida 33134

RE: Coastwise trade; Passengers; Athletic event charter; 46 U.S.C. App. 289

Dear Mr. Freedman:

Reference is made to your letter of October 3, 1990, in which you relate a proposed itinerary for the vessel M.S. CARIBE for the period commencing January 25, 1991, and ending February 2, 1991.

FACTS:

It is proposed that persons be embarked at the port of Miami, Florida, for a voyage of eight days duration to Tampa, Florida, and Cozumel, Mexico. The vessel would then return to Miami. Several of the persons embarked at Miami would end their connection with the vessel in Tampa. It is acknowledged that the transportation of the persons who end their voyage in Tampa is contrary to the provisions of the coastwise passenger statute, however it is urged that a waiver of that provision be granted due to the "unusual characteristics" of the cruise, and based upon "the hype which accompanies the Superbowl", which event is scheduled to take place in Tampa during the period in question.

ISSUE:

Whether a waiver of the coastwise laws is justified given the circumstances of this case.

LAW AND ANALYSIS:

Title 46, United States Code Appendix, section 289, prohibits the transportation of passengers between coastwise points on non-coastwise-qualified vessels. There is a statutory waiver provision codified at the note preceeding section one of title 46 (46, United States Code Appendix, 1), cited as the Act of December 27, 1950; 64 Stat. 1120. This provision is, however, very narrowly drawn and very strictly construed. Waivers are granted under this provision only in the interest of national defense, a finding for which the itinerary under consideration could not qualify.

HOLDING:

Following consideration of the facts and analysis of the law, it is determined that the request for waiver of the coastwise passenger statute cannot be granted.

Sincerely,

B. James Fritz

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