# HQ H021830

January 22, 2008

**VES-3-02-OT:RR:BSTC:CCI** H021830 LLB

**CATEGORY**: Carriers

Captain Jens E. Bogsrud

MC Marine Consult

1123 Usener

Houston, Texas 77009

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

Dear Captain Bogsrud:

This letter is in response to your correspondence dated January 11,
2008, in which you inquire about the coastwise transportation of the
individual mentioned therein aboard the M/T CHEM COSMOS. Our decision
follows.

## FACTS

The voyage in question involves the transportation of the subject
individual currently aboard the non-coastwise-qualified M/T CHEM COSMOS
(the "vessel") from New Orleans, Louisiana to Houston, Texas. The
subject individual will act as a supervisor for tank cleaning and back
loading operations. The tank cleaning is expected to be completed upon
arrival in Houston on or about January 30, 2008, at which time the
subject individual will disembark.

## ISSUE

Whether the individual described in the FACTS section above is a
"passenger" 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[^1] 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 traffic;
>
> \(2\) 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.
>
> (b)Penalty. The penalty for violating subsection (a) is \$300 for each
> passenger transported and landed.

The Customs and Border Protection ("CBP") Regulations, promulgated under
the authority of 46 U.S.C. § 55103, provide:

> 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.

19 C.F.R. § 4.50(b).

You state that the subject individual will be transported on the vessel
for the purpose of supervising tank cleaning and back loading
operations. In this context, and 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 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. HQ 101699 (Nov. 5, 1975);
[see]{.underline} [also]{.underline} HQ 116721 (Sept. 25, 2006)
[quoting]{.underline} HQ 101699.

In the present case, to the extent the individual would be engaged in
any shipboard activities while traveling on the foreign vessel between
coastwise ports, that would be "directly and substantially" related to
the operation or business itself, as would be the case under the facts
herein submitted, such individual would not be considered a
passenger.[^2]

We find that the proposed activity in this case is directly and
substantially connected with the operation and business of the vessel.
Therefore, we determine that the subject individual is not a "passenger"
within the meaning of 46 U.S.C. § 55103 and 19 C.F.R. § 4.50(b).
Accordingly, the coastwise transportation of such individual is not in
violation of 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

Cargo Security, Carriers and Immigration Branch

[^1]: Recodified by Pub. L. 109-304, enacted on October 6, 2006.

[^2]: [See]{.underline} HQ 116721, [supra]{.underline};
    [and]{.underline} [see]{.underline} HQ 116659 (May 19, 2006)
    (referencing the "direct and substantial" test); [see]{.underline}
    [also]{.underline}, [e.g.]{.underline}, Customs telex 104712 (July
    21, 1980) (finding that repairman were not passengers when carried
    aboard a foreign vessel between U.S. ports "for \[the\] purpose of
    repairing vessel en route between such ports.").