HQ 111341: Coastwise trade; Passengers; Athletic event charter; 46 U.S.C. App. 289

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                              HQ 111341
                          January 28, 1991
VES-3-CO:R:IT:C  111341 LLB

CATEGORY:  Carriers

Mr. Alan Freedman
Manager, Marine Operations
Commodore Cruise Line
800 Douglas Road
Coral Gables, Florida 33134

RE:  Coastwise trade; Passengers; Athletic event charter;
     46 U.S.C. App. 289

Dear Mr. Freedman:

     Reference is made to your letter of October 3, 1990, in
which you relate a proposed itinerary for the vessel M.S. CARIBE
for the period commencing January 25, 1991, and ending
February 2, 1991.

FACTS:

     It is proposed that persons be embarked at the port of
Miami, Florida, for a voyage of eight days duration to Tampa,
Florida, and Cozumel, Mexico.  The vessel would then return to
Miami. Several of the persons embarked at Miami would end their
connection with the vessel in Tampa.  It is acknowledged that the
transportation of the persons who end their voyage in Tampa is
contrary to the provisions of the coastwise passenger statute,
however it is urged that a waiver of that provision be granted
due to the "unusual characteristics" of the cruise, and based
upon "the hype which accompanies the Superbowl", which event is
scheduled to take place in Tampa during the period in question.

ISSUE:

     Whether a waiver of the coastwise laws is justified given
the circumstances of this case.

LAW AND ANALYSIS:

     Title 46, United States Code Appendix, section 289,
prohibits the transportation of passengers between coastwise
points on non-coastwise-qualified vessels.  There is a statutory
waiver provision codified at the note preceeding section one of
title 46 (46, United States Code Appendix, 1), cited as the Act
of December 27, 1950; 64 Stat. 1120.  This provision is, however,
very narrowly drawn and very strictly construed.  Waivers are
granted under this provision only in the interest of national
defense, a finding for which the itinerary under consideration
could not qualify.

                              - 2 -


HOLDING:

     Following consideration of the facts and analysis of the
law, it is determined that the request for waiver of the
coastwise passenger statute cannot be granted.

                                 Sincerely,




                                 B. James Fritz
                                 Chief
                                 Carrier Rulings Branch