---
kind: "section"
citation: "46 U.S.C. § 55104"
title: "46"
title_heading: "Shipping"
number: "55104"
heading: "Transportation of passengers between Puerto Rico and other ports in the United States"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/55104"
units:
  - "Subtitle V — Merchant Marine"
  - "Part D — Promotional Programs"
  - "Chapter 551 — Coastwise Trade"
---

# §55104. Transportation of passengers between Puerto Rico and other ports in the United States

- (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](/usc/46/44102.md).
  - (2) **Passenger vessel.—** The term “[passenger vessel](/usc/46/2101.md?p=33)” means a [vessel](/usc/46/53501.md?p=9) of similar size, or offering similar service, as any other [vessel](/usc/46/53501.md?p=9) transporting passengers under [subsection (b)](#b).
- (b) **Exemption.—** Except as otherwise provided in this section, a [vessel](/usc/46/53501.md?p=9) not qualified to engage in the coastwise trade may transport passengers between a port in Puerto Rico and another port in the [United States](/usc/46/53101.md?p=10).
- (c) **Expiration of Exemption.—**
  - (1) **When coastwise-qualified vessel offering service.—** On a showing to the [Secretary](/usc/46/53101.md?p=8) of the department in which the [Coast Guard](/usc/46/2101.md?p=2) is operating, by the [vessel](/usc/46/53501.md?p=9) owner or charterer, that a [United States](/usc/46/53101.md?p=10) [passenger vessel](/usc/46/2101.md?p=33) 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](/usc/46/53101.md?p=10) pursuant to a certificate, the [Secretary](/usc/46/53101.md?p=8) shall notify the owner or operator of each [vessel](/usc/46/53501.md?p=9) transporting passengers under [subsection (b)](#b) to terminate that transportation within 270 days after the [Secretary](/usc/46/53101.md?p=8)’s notification. Except as provided in [subsection (d)](#d), the authority to transport passengers under [subsection (b)](#b) expires at the end of that 270-day period.
  - (2) **When non-coastwise-qualified vessel offering service.—** On a showing to the [Secretary](/usc/46/53101.md?p=8), by the [vessel](/usc/46/53501.md?p=9) owner or charterer, that a [United States](/usc/46/53101.md?p=10) [passenger vessel](/usc/46/2101.md?p=33) 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](/usc/46/53101.md?p=10) pursuant to a certificate, the [Secretary](/usc/46/53101.md?p=8) shall notify the owner or operator of each foreign [vessel](/usc/46/53501.md?p=9) transporting passengers under [subsection (b)](#b) to terminate that transportation within 270 days after the [Secretary](/usc/46/53101.md?p=8)’s notification. Except as provided in [subsection (d)](#d), the authority of a foreign [vessel](/usc/46/53501.md?p=9) to transport passengers under [subsection (b)](#b) expires at the end of that 270-day period.
- (d) **Delaying Expiration.—** If the [vessel](/usc/46/53501.md?p=9) offering or advertising the service described in [subsection (c)](#c) has not begun that service within 270 days after the [Secretary](/usc/46/53101.md?p=8)’s notification, the expiration provided by [subsection (c)](#c) is delayed until 90 days after the [vessel](/usc/46/53501.md?p=9) offering or advertising the service begins that service.
- (e) **Reinstatement of Exemption.—** If the [Secretary](/usc/46/53101.md?p=8) finds that the service on which an expiration was based is no longer available, the expired authority to transport passengers is reinstated.

## Source credit

(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1633.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 55104(a)(1) | 46 App.:289c(b) (related to meaning of certificate). | Pub. L. 98–563, 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.