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HQ H021923




January 24, 2008

VES-3-02-OT:RR:BSTC:CCI H021923 JLB

CATEGORY: CARRIER

Mr. and Mrs. Ralph and Edith Garrow
1601 Cammar Dr.
Wall, New Jersey 07719

RE: Coastwise Transportation; 46 U.S.C. § 55103

Dear Mr. and Mrs. Garrow:

This letter is in response to your correspondence dated January 15, 2008, in which you request a ruling on whether your coastwise transportation aboard THE PRIDE OF ALOHA constitutes a violation of 46 U.S.C. § 55103. Our ruling on your request follows.

FACTS

The voyage in question involves your transportation aboard THE PRIDE OF ALOHA (“the vessel”). You will embark on October 5, 2008 at Honolulu, Hawaii. The vessel will make several stops in Hawaii before returning to Honolulu on October 12, 2008. You wish, however, to disembark during the last port stop at Maui, Hawaii on October 11, 2008.

ISSUE

Whether the itinerary described above constitutes a violation of 46 U.S.C.

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), prohibits the transportation of passengers “between ports or places in the United States to which the coastwise laws apply, either directly or by way of a foreign port,” in any vessel other than a vessel built in, documented under the laws of, and owned by citizens of the United States. See also 19 C.F.R. § 4.80(a). 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.

In accordance with Public Law 108-7, Division B, Title II, Section 211, the PRIDE OF ALOHA, is documented as a coastwise-qualified vessel providing “regular service transporting passengers between or among the islands of Hawaii” Consequently, you may embark at Honolulu and disembark at Maui, Hawaii without the vessel being in violation of 46 U.S.C. § 55103.

HOLDING

The subject itinerary involves transportation aboard a coastwise-qualified vessel, therefore, your coastwise transportation is not in violation of 46 U.S.C. § 55103.

Sincerely,

Glen E. Vereb, Chief

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