§ 3.40 Frontier enrollment and license. (a) Vessels under frontier enrollment and license 33 may engage in foreign or coastwise trade or the fisheries in waters covered by the license.

(b) In similar cases frontier enrollments shall bear the same endorsements as are placed on registers. When the endorsement required by § 3.2 (c), class 1, or by § 3.2 (d) (1) is placed on a frontier enrollment and license, the word "Coasting" in the license shall be deleted, and the word "Fisheries" inserted in lieu thereof.

(c) A foreign-built vessel which is owned by a citizen but which was not so owned and documented prior to February 1, 1920, or which was not owned by the United States on June 5, 1920, shall not be granted a frontier enrollment and license, but shall be registered. (See § 3.42 (f).)

(d) A yacht of less than 20 net tons enrolled and licensed to navigate the waters of the northern, northeastern, and northwestern frontiers otherwise than by sea shall not be required to surrender its enrollment and license and obtain a license when proceeding to ports in the United States, its Territories, or possessions, whether by sea or otherwise. (R. S. 4318, as amended, 4321, as amended; 46 U. S. C. 258, 263) [13 F. R. 7920, Dec. 18, 1948]

him from the records of the collector's office (1) a certificate setting forth the names of the owners of any vessel, the interest held by each owner, and the material facts as to any bill of sale or conveyance of, any mortgage covering, or any lien or other incumbrance upon, a specified vessel, (2) a certified copy of any bill of sale, conveyance, mortgage, notice of claim of lien, or certificate of discharge in respect to such vessel, or (3) a certified copy as required by subdivision (c) of section 926 of this title. (46

U. S. C. 927)

See 4.98 of this chapter for fees to be collected.

33 "Any vessel of the United States, navigating the waters on the northern, northeastern, and northwestern frontiers, otherwise than by sea shall be enrolled and 11censed in such form as other vessels; such enrollment and license shall authorize any such vessel to be employed either in the coasting or foreign trade on such frontiers, and no certificate of registry shall be required for vessels so employed. Such vessel shall be, in every other respect, liable to the regulations and penalties relating to registered and licensed vessels." (46 U. S. C. 258)

§ 3.41 Transfer from frontier enrollment and license. (a) Except as stated in § 3.40 (d), when a vessel under frontier enrollment and license proceeds to sea, directly or via an intermediate port, she shall surrender her frontier document. If bound on a foreign voyage partly by sea, she shall be granted a register. If proceeding from one United States port to another via the St. Lawrence River and the sea, she shall be granted only a register," but if she proceeds via the Hudson River to any United States port without going to sea, she shall retain her frontier enrollment and license.

(b) The collector at a seaport may issue a frontier enrollment and license. (R. S. 4318, as amended; 46 U. S. C. 258) [13 F. R. 7920, Dec. 18, 1948, as amended by T. D. 53336, 18 F. R. 5404, Sept. 9, 1953]

§ 3.42 Registry of foreign-built vessels. (a) The application on customs Form 1320 for an official number for a foreign-built vessel (class 9) shall state, in addition to the information therein required, the name of the former owner. (b) In lieu of the builder's certificate required for a vessel built in the United States, the application shall be accompanied by a photostatic or certified copy of the vessel's foreign register and of its foreign measurement certificate, if there be one, together with a duly authenticated translation of any such evidence that may be written in a foreign language. Satisfactory evidence shall be produced to establish that the transfer of registry has the approval of the foreign government concerned. If the vessel was built for the applicant and never under foreign registry, the builder's certificate shall be produced but no approval of a foreign government shall be required. If the vessel was not built for the applicant, satisfactory evidence of ownership shall be produced as in the case of a vessel built in the United States. There shall also be produced a certificate of the merchant marine officer in charge that the vessel is safe to carry dry and perishable cargo, and if the vessel is required to possess a certificate of inspection," it shall be produced.

(c) The applicant shall submit a certificate stating that:

34 In such case, she is required by Canadian regulations to enter and clear at Montreal.

35 See §3.54.

(1) The transfer of the vessel conveyed complete and unconditional title and ownership to the purchaser;

(2) There is no agreement or understanding reserving to the vendor, or to any person who is not a citizen, any interest in the vessel or its operation, or any right of control thereof;

(3) The transfer is intended to be permanent and not temporary, no right to repurchase the vessel is reserved to the vendor, and there is no understanding for its retransfer:

(4) The transfer was not made during a voyage of the vessel or while it was in a blockaded port; and

(5) The transfer was not made to avoid the consequences to which a vessel of a belligerent is exposed.

(d) The papers filed in connection with the application for documentation in accordance with the requirements of this section and any other pertinent information shall be forwarded to the Commissioner of Customs for consideration before the granting of a document to the vessel. Except as otherwise provided for in this section, the usual requirements for registry shall be complied with.

(e) No foreign-built vessel owned and documented prior to February 1, 1920, by a citizen nor one owned by the United States on June 5, 1920, and sold to and owned by a citizen shall engage in the American fisheries, but it is otherwise unlimited as to documents and trade so long as it continues in such ownership. When a marine document is issued to such a vessel, the following notation shall be made thereon:

As amended by section 5 of the Panama Canal Act and by the act of August 18, 1914, and sections 22, 27, and 38 of the Merchant Marine Act of June 5, 1920, as amended. This vessel shall not engage in the American fisheries.

If the vessel is owned by a corporation and is entitled to engage in the coastwise trade, the notation required by § 3.2 (d) shall also be made on the document.

(f) A foreign-built vessel which is owned by a citizen, but which was not so owned and documented on February 1, 1920, or which was not owned by the United States on June 5, 1920, is limited to the foreign trade. A foreign-built vessel admitted to American registry and thereafter sold foreign in whole or in part or placed under foreign registry is limited, upon afterward becoming the

268016-54 -7

property of a citizen, to the foreign trade. When a register is issued to a vessel of either such class, the following notation shall be made thereon:

As amended by section 5 of the Panama Canal Act, by the act of August 18, 1914, by section 27 of the Merchant Marine Act of June 5, 1920, as amended, and by the act of May 24, 1938, entitling the vessel to engage only in trade with foreign countries or the islands of Guam, Tutuila, Wake, Midway, and Kingman Reef. This vessel shall not engage in the coastwise trade or the American fisheries.

(g) A foreign-built vessel which has been purchased from the Maritime Administration of the War Shipping Administration by a citizen shall not engage in the American fisheries, but it is otherwise unlimited as to documents and trade so long as it continues in such ownership. When a marine document is issued to such a vessel, the following notation shall be made thereon:

As amended by section 9 of the Shipping Act, 1916, as amended. This vessel shall not engage in the American fisheries.

If the vessel is owned by a corporation, the notation required by § 3.2 (d) shall also be made on the document.

(R. S. 4132, as amended, secs. 2, 9, 39 Stat. 729, as amended, 730, as amended, secs. 22, 27, 41 Stat. 997, 999, as amended; 46 U. S. C. 11, 13, 802, 808, 883) [13 F. R. 7920, Dec. 18, 1948, as amended by T. D. 53268, 18 F. R. 3092, May 29, 1953; T. D. 53336, 18 F. R. 5404, Sept. 9, 1953; T. D. 53399, 18 F. R. 8686, Dec. 24, 1953]

§ 3.43 Documentation of Americanbuilt foreign-flag vessels. (a) In the case of an American-built foreign-flag vessel which has never been documented as a vessel of the United States, a builder's certificate shall be produced unless a certificate of record has been issued to the vessel previously. A certificate of admeasurement shall also be produced unless a certificate of record has been issued and the tonnage of the vessel has not since been changed. Application for an official number shall be made in accordance with § 3.42 (a).

(b) In the case of an American-built foreign-flag vessel which was documented as a vessel of the United States before being placed under foreign flag, the production of a builder's certificate shall not be required, nor shall the production of a certificate of admeasurement unless the tonnage of the vessel has been changed. The official number originally awarded to the vessel shall be

Page 81

retained and the vessel shall be documented in the name under which it was last documented as a vessel of the United States.

(c) The application for documentation shall be accompanied by a photostatic or certified copy of the vessel's foreign register and foreign measurement certificate, if there be one, together with a duly authenticated translation of any such document that may be written in a foreign language. Satisfactory evidence shall be produced to establish that the transfer of registry has the approval of the foreign government concerned. If the vessel was not built for the applicant, satisfactory evidence of ownership shall be presented as in the case of a vessel of the United States.

(d) The applicant shall submit a certificate as required by § 3.42 (c).

(e) The papers filed in connection with the application for documentation in accordance with the requirements of this section and any other pertinent information shall be forwarded to the Commissioner of Customs for consideration before the granting of a document to the vessel. Except as otherwise provided for in this section, the usual requirements for registry shall be complied with.

(f) In appropriate cases, the notation required under class 1 of § 3.2 (c) shall be endorsed on a document issued under this section.

(R. S. 4132, as amended, sec. 27, 41 Stat. 999, as amended; 46 U. S. C. 11, 883) [13 F. R. 7921, Dec. 18, 1948, as amended by T. D. 53268, 18 F. R. 3092, May 29, 1953; T. D. 53399, 18 F. R. 8686, Dec. 24, 1953]

§ 3.44 Foreign-built yachts. Any foreign-built yacht purchased by a citizen of the United States may be documented upon compliance with all the requirements set forth in § 3.42. The collector of customs may then issue to any such yacht owned by a citizen a consolidated certificate of enrollment and yacht license on customs Form 1290 or, except upon the Great Lakes, a license of yacht under 20 tons on customs Form 1288. Any document issued to such a yacht shall have written across its face the legend, "This vessel shall not engage in the coastwise trade or the American fisheries."

(R. S. 4132, as amended, 4214, as amended; 46 U. S. C. 11, 103) [13 F. R. 7921, Dec. 18, 1948]

§ 3.45 Certificate of protection. Any foreign-built undocumented yacht owned

(R. S. 4190; 46 U. S. C. 61) [13 F. R. 7921, Dec 18, 1948, as amended by T. D. 53336, 18 F. R. 5404, Sept. 9, 1953]

§3.46 Recorded vessels. In the documentation of a recorded vessel (class 3), no builder's certificate shall be required. No admeasurement certificate shall be required unless the vessel has been altered since the certificate of record was issued.

[13 F. R. 7921, Dec. 18, 1948]

§ 3.47 Record of American-built vessels owned by aliens. (a) A vessel built in the United States, never before documented, and belonging wholly or in part to an alien may be granted a certificate of record on customs Form 1316. Such a vessel may be documented as a vessel of the United States if transferred to a citizen.

(b) Before a certificate of record is issued, a builder's certificate on customs Form 1261 and a certificate of admeasurement on customs Form 1414 shall be filed with the collector.

36 "No document certifying or proving any vessel to be the property of a citizen of the United States shall be issued, except to vessels duly registered or enrolled and licensed as vessels of the United States, or to vessels which shall be wholly owned by citizens of the United States, and furnished with or entitled to customhouse documents." (46 U. S. C. 61)

(c) Whenever the master or name of a recorded vessel is changed, the collector at the port where the vessel is, or the collector at the port where the vessel next arrives if it is at sea or in a foreign port, shall endorse such change upon the certificate of record on the written application of one or more of the owners.

(R. S. 4132, as amended, 4180, 4181, 4182, as amended, 4183, as amended; 46 U. S. C. 11, 54, 55, 56, 73) [13 F. R. 7921, Dec. 18, 1948]

§ 3.48 Certificates of record. Certificates of record shall be consecutively numbered. An exact copy of each certificate shall be placed in a permanent record kept for that purpose and a proper index made thereof on customs Form 1241 appropriately modified (on customs Form 2112 at New York). When a recorded vessel is documented, the certificate of record shall be surrendered, canceled, and forwarded to the Commissioner of Customs and the collector at the port of issue shall be notified. [13 F. R. 7922, Dec. 18, 1948]

§3.49 Prizes and forfeited vessels. If application is made for documentation of a vessel of class 4 or 5, all the requirements relating to documentation, except the filing of a builder's certificate shall be complied with, and the collector shall be furnished with a properly authenticated copy of the decree of condemnation and the proof of the applicant's ownership.

(R. S. 4132, as amended; 46 U. S. C. 11) [13 F. R. 7922, Dec. 18, 1948]

§ 3.50 Inspection of marine documents. Except in the case of vessels within the purview of § 3.24 (e) and (f), the document of a documented vessel, when such vessel is in commission, shall be on board and accessible to the person in charge, except when such papers are in the custody of the collector, and shall be produced to any customs officer upon demand."

[13 F. R. 7922, Dec. 18, 1948]

37 "Any officer concerned in the collection of the revenue may at all times inspect the register or enrollment or license of any vessel or any document in lieu thereof; and if the master of any such vessel shall not exhibit the same, when required by such officer, he shall be liable to a penalty of $100, unless the failure to do so is willful in which case he shall be liable to a penalty of $1,000 and to a fine of not more than $1,000 or imprisonment for not more than one year, or both." (46 U. S. C. 277)

§3.51 Change of name of documented vessel. (a) The name of a documented vessel (including any documented yacht) shall not be changed except with the consent and approval of the collector or assistant collector of customs for the district in which the vessel's home port is located.38

(b) An application for change of name shall be executed by the owner or owners of the vessel, addressed to the collector, and shall be submitted in duplicate to the deputy collector at the vessel's home port.

(c) The application shall state the change desired, the reasons therefor, official number, rig, gross tonnage, name or names of the owner or owners of the vessel, and date and place of last inspection, if the vessel is subject to inspection. If the vessel is not subject to inspection, a certificate of seaworthiness issued by an officer in charge, marine inspection, United States Coast Guard, shall be obtained by the applicant and submitted with the application. A certificate of ownership on customs Form 1330 from the deputy collector at the vessel's home port shall be submitted with the application as evidence to the collector or assistant collector of the date and place of build and pecuniary liability of the vessel. The consent of the mortgagee or other beneficiary under each lien, mortgage, or other encumbrance of record at the vessel's home port shall be submitted in writing with the application, together with a certified copy of any approval of the Maritime Administration required by subsection O (a) of the Ship Mortgage Act, 1920.

38 "The Secretary of the Treasury shall be empowered to change the names of vessels of the United States on application of the owner or owners of such vessels when in his Judgment there shall be sufficient cause for so doing." (46 U. S. C. 51. Sec. 102, Reorg. Plan No. 3 of 1946, 3 CFR, 1946 Supp., Ch. IV)

"No master, owner, or agent of any vessel of the United States shall in any way change the name of such vessel, or by any device. advertisement, or contrivance deceive or attempt to deceive the public, or any officer or agent of the United States, or of any State, or any corporation or agent thereof, or any person or persons, as to the true name or character of such vessel, on pain of the forfeiture of such vessel." (46 U. S. C. 50)

38a The requirement of subsection O (a) of the Ship Mortgage Act, 1920 (46 U. S. C. 961 (a)), that the document of a vessel covered by a preferred mortgage may not be surrendered without the approval of the Maritime Administration and the mortgagee

(d) If the application is approved by the collector or assistant collector, he shall issue an order in writing authorizing the change of name as requested. A copy of the order shall be delivered to the applicant by the deputy collector at the vessel's home port.

(e) The applicant shall cause notice of the order for the change of name to be published in some daily or weekly newspaper of general circulation at or nearest to the home port of the vessel in at least four consecutive issues. The notice shall be in the following form and shall be appropriately altered to show action by the assistant collector, if the latter officer approved the change of name:

Notice is hereby given that the collector of customs for this district has issued an order dated

38b

authorizing (name)

is the home port, to

Deputy Collector

(Port)

(f) No document shall be issued to the vessel in the new name until the applicant has paid the fee prescribed by § 3.52 and, except as specified in paragraph (g) of this section, until he has complied with paragraph (e) of this section and has furnished to the deputy collector at the vessel's home port (1) a declaration of publication signed by a proper representative of the newspaper in which the order for the change of name was published setting forth the wording of the order, the dates of publication, and the payment of the cost of advertising, or (2) a copy of each of the four consecutive issues of the newspaper in which the order appeared, together with a receipt for the payment of the cost of advertising.

(g) Documentation of the vessel in the new name shall not be withheld until notice of the order for the change has been published as required by paragraph (e) of this section, if the deputy collector at the vessel's home port is satisfied that the contract for publication has been entered into and he has been furnished

applies to the surrender of the document of such a vessel for the purpose of changing its

name.

asb The fee is due upon approval of the application whether or not the vessel is documented in the new name.

with a receipt for the payment of the cost thereof, but the applicant shall within a reasonable time after publication furnish to the deputy collector the evidence prescribed in paragraph (f) (1) or (2) of this section.

(h) The cost of advertising and of procuring any evidence required by this section shall be paid by the applicant.

(i) An accurate index of each change of name of a documented vessel under both the old and new names, and showing the dates of authorization, shall be kept at the vessel's home port.

(j) If there is a change in ownership of a vessel and the new owner applies for a change of name of the vessel, his designation of home port shall be in the name under which the vessel was last documented. A designation of home port shall not be required to be submitted merely by reason of a change of name.

(k) A vessel which is to be redocumented after being out of documentation shall be redocumented only under the name and official number in which it was last documented. However, if an application for a change in name is submitted simultaneously with an application for the redocumentation of such a vessel and the vessel is then marked with a name other than that under which it was last documented, and if the collector approves the change in name, he may issue the document in the old name and immediately issue the further document incident to the change in name without requiring that the vessel be marked with the name under which it was previously documented.

(R. S. 4179, secs. 1-3, 41 Stat. 436, as amended, 437, as amended; 46 U. S. C. 50-53) [13 F. R. 7922, Dec. 18, 1948, as amended by T. D. 52210, 14 F. R. 2233, May 5, 1949; T. D. 53268, 18 F. R. 3092, May 29, 1953; T. D. 53336, 18 F. R. 5404, Sept. 9, 1953]

§ 3.52 Fee for change of vessel's name. When a change in the name of a vessel is approved, the following fees shall be paid by the owners of vessels to collectors of customs: for a vessel of 99 gross tons or under, $10; for a vessel of 100 gross tons or up to and including 499 gross tons, $25; for a vessel of 500 gross tons or up to and including 999 gross tons, $50; for a vessel of 1,000 gross tons or up to and including 4,999 gross tons, $75; for a vessel of 5,000 gross tons or over, $100.

(Sec. 3, 41 Stat. 437; 46 U. S. C. 53) [13 F. R. 7922, Dec. 18, 1948]