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2026-07-06 10:51:44 -04:00

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LegalText 46 U.S.C. § 55104 Transportation of passengers between Puerto Rico and other ports in the United States us united_states_code code_section 46 SHIPPING 551 COASTWISE TRADE 55104 46 U.S.C. § 55104 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc46@119-100.zip /us/usc/t46/s55104 data/legal/raw/us/code/title-46/usc46.xml f8e9162fa3f981aa30338e6b55bce43a390c3ecfa1c1b292f6c39fb206996977 eb1331aa3c08ed87231a3606d86b30d1b5942cdf8542f6a3df8ac1d66e86057f f66df807636d320993c05240c1d1fc5750965a216ef32e8f1e940ecb41787b52 2026-07-04 official
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46 U.S.C. § 55104 - Transportation of passengers between Puerto Rico and other ports in the United States

Text

(a) Definitions.— In this section:

(1) Certificate.— The term “certificate” means a certificate of financial responsibility for indemnification of passengers for nonperformance of transportation issued by the Federal Maritime Commission under section 44102 of this title.

(2) Passenger vessel.— The term “passenger vessel” means a vessel of similar size, or offering similar service, as any other vessel transporting passengers under subsection (b).

(b) Exemption.— Except as otherwise provided in this section, a vessel not qualified to engage in the coastwise trade may transport passengers between a port in Puerto Rico and another port in the United States.

(c) Expiration of Exemption.— (1) When coastwise-qualified vessel offering service.— On a showing to the Secretary of the department in which the Coast Guard is operating, by the vessel owner or charterer, that a United States passenger vessel qualified to engage in the coastwise trade is offering or advertising passenger service between a port in Puerto Rico and another port in the United States pursuant to a certificate, the Secretary shall notify the owner or operator of each vessel transporting passengers under subsection (b) to terminate that transportation within 270 days after the Secretarys notification. Except as provided in subsection (d), the authority to transport passengers under subsection (b) expires at the end of that 270-day period.

(2) When non-coastwise-qualified vessel offering service.— On a showing to the Secretary, by the vessel owner or charterer, that a United States passenger vessel not qualified to engage in the coastwise trade is offering or advertising passenger service between a port in Puerto Rico and another port in the United States pursuant to a certificate, the Secretary shall notify the owner or operator of each foreign vessel transporting passengers under subsection (b) to terminate that transportation within 270 days after the Secretarys notification. Except as provided in subsection (d), the authority of a foreign vessel to transport passengers under subsection (b) expires at the end of that 270-day period.

(d) Delaying Expiration.— If the vessel offering or advertising the service described in subsection (c) has not begun that service within 270 days after the Secretarys notification, the expiration provided by subsection (c) is delayed until 90 days after the vessel offering or advertising the service begins that service.

(e) Reinstatement of Exemption.— If the Secretary finds that the service on which an expiration was based is no longer available, the expired authority to transport passengers is reinstated.

(Pub. L. 109304, § 8(c), Oct. 6, 2006, 120 Stat. 1633.)

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 55104(a)(1)46 App.:289c(b) (related to meaning of certificate).Pub. L. 98563, Oct. 30, 1984, 98 Stat. 2916. 55104(a)(2)46 App.:289c(e). 55104(b)46 App.:289c(a). 55104(c)46 App.:289c(b). 55104(d)46 App.:289c(c). 55104(e)46 App.:289c(d). In subsection (a), the definition of “certificate” is added based on the language in 46 App. U.S.C. 289c(b)(1) and (2) to avoid repeating the substance of the definition twice in the section. In subsection (b), the words “Notwithstanding any other provision of law” and “directly or by way of a foreign port” are omitted as unnecessary.