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HQ H016845

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September 11, 2007

VES-3-02-OT:RR:BSTC:CCI H016845 JLB

CATEGORY: CARRIER

Mr. John Cascio
Barwil Agencies (N.A.) Inc.
4621 West Napoleon Ave.
Suite 108
Metairie, LA 70001

RE: Coastwise Transportation; 46 U.S.C. § 55103; 19 C.F.R. § 4.50(b)

Dear Mr. Cascio:

In your letter transmitted by facsimile on September 10, 2007, you requested that a technician be permitted to travel aboard the foreign-flagged vessel, M/V BBC MISSISSIPPI, from New Orleans, LA to Mobile, AL. Our ruling on your request follows.

FACTS

A technician of Pro-Nautas Co. would be transported aboard the non-coastwise qualified M/V BBC MISSISSIPPI, embarking on September 11, 2007 at New Orleans, LA and disembarking at the port of Mobile, AL on or about September 14, 2007. The cruise line’s agent has stated that the technician would be traveling aboard the vessel to install new communication equipment.

ISSUE

Whether the individual described above would be a passenger within the meaning of 46 U.S.C. § 55103 and 19 C.F.R. § 4.50(b)?

LAW AND ANALYSIS

The coastwise passenger statute, former 46 U.S.C. App. 289 recodified as 46 U.S.C. § 55103, pursuant to P.L. 109-304 (October 6, 2006), states that no foreign vessel shall transport passengers between ports or places in the United States to which the coastwise laws apply, either directly or by way of a foreign port, under a penalty of $300 for each passenger so transported and landed (see 19 C.F.R. § 4.80(b)). 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. Under § 55103 (see 19 C.F.R. § 4.80a(a)(5)), a “passenger” is any person carried aboard a vessel “who is not connected with the operation of the vessel, her navigation, ownership, or business.” (19 C.F.R. § 4.50(b)).

Pursuant to Headquarters Decision 101699, dated November 5, 1975, it is well settled that "workmen, technicians, or observers transported by vessel between ports of the United States are not classified as ‘passengers’ within the meaning of section 4.50(b) and section 289 if they are required to be on board to contribute to the accomplishment of the operation or navigation of the vessel during the voyage or are on board because of a necessary vessel ownership or business interest during the voyage." (See also, Headquarters Decision 116752, dated November 3, 2006, quoting HQ 116721). In the present case, the technician would be transported coastwise aboard the vessel in order to install new communication equipment during the transiting from port to port. Consequently, the technician would be necessary for the operation of the vessel during the voyage and would not be considered a passenger under 46 U.S.C. § 55103.

HOLDING

The subject individual is not a “passenger” within the meaning of 46 U.S.C. § 55103 and 19 C.F.R. § 4.50(b). Therefore, the coastwise transportation of such individual is not in violation of 46 U.S.C. § 55103.

Sincerely,

Glen E. Vereb, Chief

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