Shipping - 46 USC Appendix Section 289c

01/19/04

Sec. 289c. Transportation of passengers between Puerto Rico and
other United States ports; foreign-flag vessels; unavailability
of United States flag service

(a) Authorization of transportation
Notwithstanding any other provision of law, passengers may be
transported on passenger vessels not qualified to engage in the
coastwise trade between ports in Puerto Rico and other ports in the
United States, directly or by way of a foreign port, except as
otherwise provided in this section.
(b) Notification by Secretary; termination of services
(1) Upon a showing to the Secretary of Transportation, by the
vessel owner or charterer, that service aboard a United States
passenger vessel qualified to engage in the coastwise trade is
being offered or advertised pursuant to a Certificate of Financial
Responsibility for Indemnification of Passengers for Nonperformance
of Transportation (46 App. U.S.C. 817e) from the Federal Maritime
Commission for service in the coastwise trade between ports in
Puerto Rico and other ports in the United States, the Secretary
shall notify the owner or operator of each vessel transporting
passengers under authority of this section that he shall, within
270 days after notification, terminate all such service. Coastwise
privileges granted to every owner or operator under this section
shall expire on the 270th day following the Secretary's
notification.
(2) Upon a showing to the Secretary, by the vessel owner or
charterer, that service aboard a United States passenger vessel not
qualified to engage in the coastwise trade is being offered or
advertised pursuant to a Certificate of Financial Responsibility
for Indemnification of Passengers for Nonperformance of
Transportation (46 App. U.S.C. 817e) from the Federal Maritime
Commission for service in the coastwise trade between ports in
Puerto Rico and other ports in the United States, the Secretary
shall notify the owner or operator of each foreign-flag vessel
transporting passengers under authority of this section that he
shall, within 270 days after notification, terminate all such
service. Coastwise privileges granted to every owner or operator of
a foreign-flag vessel transporting passengers under authority of
this section shall expire on the 270th day following the
Secretary's notification.
(c) Extension of termination period
If, at the expiration of the 270-day period specified in
subsections (b)(1) and (b)(2) of this section, the vessel that has
been offering or advertising service pursuant to a certificate
described in either of those subsections has not entered the
coastwise passenger trade between ports in Puerto Rico and other
ports in the United States, then the termination of service
required by either of those subsections shall not be required until
90 days following the entry into that trade by the United States
vessel.
(d) Reinstatement of coastwise privileges
Any coastwise privileges granted in this section that expire
under subsection (b)(1) or (b)(2) of this section shall be
reinstated upon a determination by the Secretary that the service
on which the expiration of the privileges was based is no longer
available.
(e) "Passenger vessel" defined
For the purposes of subsections (b)(1) and (b)(2) of this
section, the term "passenger vessel" means any vessel of similar
size or offering service comparable to any other vessel
transporting passengers under authority of this section.

Last modified: April 20, 2006

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Shipping - 46 USC Appendix Section 289c