$3.53 Yacht privileges and obligations. (a) A vessel documented as a yacht shall be used exclusively for pleasure and shall not transport merchandise nor carry passengers for pay. If so documented, such vessels may proceed from port to port within the United States without entering or clearing, and to foreign ports without clearing. A vessel of 15 gross tons or under which is so documented, which has not visited a hovering vessel, and which is not liable to seizure and forfeiture for any violation of the laws of the United States is not required to make entry. Any other vessel which is so documented shall enter on arrival from a foreign port.

(b) Upon the application of the owner on customs Form 1250, submitted through a collector of customs, a commission may be issued by the Commissioner of Customs to any vessel licensed or enrolled and licensed as a yacht, belonging to a regularly organized and incorporated yacht club, to identify such yacht and its owner during a foreign voyage. This commission is a token of credit to any United States official and to the authorities of any foreign power for the privileges enjoyed under it.

(c) On the return of the vessel to the United States, a yacht so commissioned shall make entry at the customhouse and surrender its commission.

(d) A cruising license " may be issued to a yacht of a foreign country only if it has been made to appear to the satisfaction of the Secretary of the Treasury that yachts of the United States are allowed to arrive at and depart from ports in such foreign country and to cruise in

"Whenever it shall be made to appear to the satisfaction of the President of the United States that yachts used and employed exclusively as pleasure vessels and belonging to any resident of the United States are allowed to arrive at and depart from any foreign port and to cruise in the waters of such port without entering or clearing at the customhouse thereof and without the payment of any charges for entering or clearing, dues, duty per ton, tonnage taxes or charges for cruising licenses, the Commissioner of Customs may authorize and direct the customs authorities at the various ports of entry of the United States to allow yachts from such foreign port used and employed exclusively as pleasure vessels to arrive at and depart from any port of the United States and to cruise in waters of the United States without the payment of any charges for entering or clearing, dues, duty per ton, or tonnage

(e) In order to obtain a cruising license for a yacht of any country listed in paragraph (d) of this section there shall be filed with the collector an application therefor executed by the yacht owner which shall set forth his address, and identify the vessel by flag, rig, name, and such other matters as are usually descriptive of a vessel. The application shall also include a description of the waters in which the yacht will cruise, and a statement of the probable time it will remain in such waters. Upon approval of the application, the collector of customs will issue a cruising license in the form prescribed by paragraph (f) of this section permitting the yacht, for a stated period not to exceed 6 months, to arrive at and depart from the United States and to cruise in specified waters of the United States without entering and clearing, without filing manifests and obtaining or delivering permits to proceed, and without the payment of entry and clearance fees, or fees for receiving manifests and granting permits to proceed, duty on tonnage, tonnage tax, or light money. The license shall be granted subject to

taxes, but the Commissioner of Customs may, in his discretion, direct that such foreign yachts shall be required to obtain licenses to cruise, in a form prescribed by him, before they shall be allowed under the provisions of this section to cruise in waters of the United States. Such licenses shall be issued without cost to such yachts and shall prescribe such limitations as to length of time, direction, and place of cruising and action, and such other particulars as the Commissioner of Customs may deem proper." (46 U. S. C. 104. Sec. 102, Reorg. Plan No. 3 of 1946; 3 CFR, 1946 Supp., Ch. IV)

The Secretary of the Treasury was designated by section 1 of Executive Order 10289 (3 CFR, 1951 Supp., ch. II) to perform the function of the President to make determinations necessary as a prerequisite to the extension of reciprocal privileges under the above-quoted statute.

(Name of district or districts) without entering and clearing, without filing manifests and obtaining or delivering permits to proceed, and without the payment of entry and clearance fees, or fees for receiving manifests and granting permits to proceed, duty on tonnage, tonnage tax, or light money.

This license is granted subject to the condition that the yacht named herein shall not engage in trade or violate the laws of the United States in any respect. The master shall comply with section 433 of the Tariff Act of 1930 upon the vessel's arrival at every port or place within the United States. Issued this --- day of 19____.

Deputy Collector

(g) A foreign-flag yacht which is not in possession of a cruising license shall be required to comply with the laws applicable to foreign vessels arriving at, departing from, and proceeding between ports of the United States.

(Secs. 433, 434, 435, 46 Stat. 711, sec. 301, 49 Stat. 527, R. S. 4197, as amended, 4214, as amended, sec. 5, 35 Stat. 425, as amended, R. S. 4217, as amended, 4218, as amended, sec. 4, 28 Stat. 625, R. S. 4367, 4368; 19 U. S. C. 1433, 1434, 1435, 46 U. S. C. 91, 103-107, 313, 314) [13 F. R. 7922, Dec. 18, 1948, as amended by T. D. 53308, 18 F. R. 4658, Aug. 7, 1953]

§ 3.54 Vessels to be inspected before documentation. The following vessels shall undergo inspection by the proper officers and receive certificates of inspection before marine documents are issued to them:

(a) Every steam vessel over 65 feet in length, and every steam-propelled tug

boat or towboat of any length, except public vessels of the United States, but including vessels owned or operated by the Maritime Administration or any corporation organized or controlled by it.

(b) Every vessel above 15 gross tons carrying freight or passengers for hire, but not engaged in fishing as a regular business, propelled by gas, fluid, naphtha, or electric motors. A motor vessel of 15 gross tons plus a fraction of a ton is considered to be over 15 gross tons.

(c) Every ferryboat, canal boat, yacht, or other small vessel of like character over 65 feet in length and propelled by steam.

(d) Every sail vessel over 700 tons carrying passengers for hire.

(e) Every seagoing barge of 100 gross tons or over.

(f) Every other vessel over 100 gross tons carrying passengers for hire.

(g) Every seagoing vessel of 300 gross tons and over propelled in whole or in part by an internal-combustion engine, except those engaged in fishing, oystering, clamming, crabbing, or any other branch of the fishery or kelp or sponge industry.

(h) Every passenger-carrying vessel of a class set forth in paragraphs (a), (b), or (c) of this section, when navigated on Irondequoit Bay, N. Y.

(i) Every vessel, regardless of tonnage, size, or means of propulsion, whether self-propelled or not, and whether carrying freight or passengers for hire or not, that shall have on board any inflammable liquid cargo in bulk, except public vessels owned by the United States and not engaged in commercial service. (R. S. 4498, as amended, 46 U. S. C. 496) [13 F. R. 7923, Dec. 18, 1948, as amended by T. D. 53336, 18 F. R. 5404, Sept. 9, 1953]

§3.55 Citizenship of masters of documented vessels. Every vessel of the United States shall be commanded by a citizen or surrender her document. (R. S. 4131, as amended; 46 U. S. C. 221) [13 F. R. 7923, Dec. 18, 1948]

$3.56 Revocation or denial of document. (a) Before revoking the document of a vessel which is being, or is intended to be, used illegally," the col

"Subject to appeal to the Secretary of the Treasury and under such regulations as he may prescribe, whenever the collector of customs of the district in which any vessel is, or is sought to be, registered, en

lector of customs shall present charges to the owner of the vessel and give such owner a reasonable time to reply; except that, if the evidence is practically conclusive and immediate action is necessary, the collector shall forthwith revoke the document, subject to an appeal by the owner to the Commissioner of Customs.

(b) Any appeal from a revocation or denial of document by a collector shall be in writing. It shall be filed in triplicate with the collector, who shall retain one copy in his office. The owner may submit with his appeal corroborative evidence in the form of written statements from persons having actual knowledge of the facts, and, if pertinent, a detailed description and blueprints of the vessel. Such evidence, with two copies of the owner's appeal, shall be promptly forwarded to the Commissioner of Customs, together with the collector's report, which shall present in detail the facts and evidence supporting his action and any additional comments he desires to make regarding any facts not before him at the time of his original action.

(Sec. 4, 49 Stat. 519 as amended; 19 U. S. C. 1704) [13 F. R. 7923, 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]

§3.57 Report of laid-up vessels. Each collector shall submit to the Commissioner of Customs a report of all vessels

rolled, licensed, or numbered, is shown upon evidence which he deems sufficient that such vessel is being, or is intended to be, employed to smuggle, transport, or otherwise assist in the unlawful introduction or importation into the United States of any merchandise or person, or to smuggle any merchandise into the territory of any foreign government in violation of the laws there in force, if under the laws of such foreign government any penalty or forfeiture is provided for violation of the laws of the United States respecting the customs revenue, or whenever, from the design or fittings, of any vessel or the nature of any repairs made thereon, it is apparent to such collector that such vessel has been built or adapted for the purpose of smuggling merchandise, the said collector shall revoke the registry, enrollment, license, or number of said vessel or refuse the same if application be made therefor, as the case may be. Such collector and all persons acting by or under his direction shall be indemnified from any penalties or actions for damages for carrying out the provisions of this section." (19 U. S. C. 1704)

of the United States laid up in his district on December 31 of each year. [13 F. R. 7924, Dec. 18, 1948]

REGISTRATION OF PRIVATE CODE SIGNALS, HOUSE FLAGS, AND FUNNEL MARKS SOURCE: 3.80 to 3.82 appear at 13 F. R. 7925, Dec. 18, 1948, except as otherwise noted. § 3.80 Application for registration of rockets, lights, or other similar code signals, house flags, or funnel marks. (a) Application for the registration of private code signals by rockets, lights, or other similar means shall be submitted in duplicate through the office of a collector of customs to the Commissioner of Customs by the owner of the vessel or vessels by which they are to be used. The application shall describe in detail the signals which it is desired to use and shall state the purpose for which they will be used.

(b) Application for the registration of a house flag or funnel mark, or both, shall be submitted in duplicate through the office of a collector of customs to the Commissioner of Customs by the owner of the vessel or vessels on which they are to be used. The application for registration of a house flag shall describe such flag in detail, giving the colors, shape, and proportionate dimensions of the fly, field, union, or canton, and any insignia, markings, or stripes thereon in relation to the length of the hoist. Funnel marks shall be described in detail giving the colors to be used, the position of any insignia, markings, or stripes with relation to the top or collar of the funnel, the size of such insignia, markings, or stripes in relation to the diameter of the funnel, and the color of the remainder of the funnel. In addition there shall be submitted three replica drawings of the house flag or funnel, or both, drawn to scale, in the colors to be used, in ink, watercolor, oil pigments, or other permanent colors, and not exceeding 6 by 4 inches in size. (Sec. 7, 35 Stat. 426, as amended; 46 U. S. C. 49)

$ 3.81 Registration of rockets, lights, or other similar signals, house flags, or funnel marks. (a) Except as stated in paragraph (b) of this section, upon the filing of an application duly executed in accordance with $ 3.80, the Commissioner of Customs will register private code signals by rockets, lights, or other similar means, house flags, and funnel marks, and will cause a description

of such signals, flags, or funnel marks to be filed with the Division of the Federal Register, together with one replica drawing of the house flag or funnel mark, or both.

(b) The Commissioner will refuse to register any signals which in his opinion cannot easily be distinguished from signals of distress, signals for pilots, or signals prescribed by laws for preventing collisions. The Commissioner will also refuse to register any signal, flag, or funnel mark which is identical or nearly identical with one previously registered.

(c) Applicants will be notified of the action of the Commissioner through the office of the collector transmitting the application.

(Sec. 7, 35 Stat. 426, as amended; 46 U. S. C. 49)

§ 3.82 Fee for registering a house flag or funnel mark, or both. A fee of $25, designated as fee number 11 in § 4.98 of this chapter, shall be paid upon the registration of a house flag or funnel mark, or both, and each application for such registration filed with a collector of customs shall be accompanied by a remittance in that amount.

(Sec. 7, 35 Stat. 426, as amended, sec. 501, 65 Stat. 290; 46 U. S. C. 49, 5 U. S. C. 140) [T. D. 53385, 18 F. R. 7891, Dec. 8, 1953]

Part 4-Vessels in Foreign and Domestic Trades

NOTE: By T. D. 52886, 16 F. R. 12763, Dec. 20, 1951, the Commissioner of Customs waived compliance with the provisions of the navigation laws administered by the Bureau of Customs to the extent necessary to permit the operation of vessels requisitioned by the United States for emergency evacuation.

ARRIVAL AND ENTRY OF VESSELS

Sec.

4.1

Boarding of vessels; cutter and dock passes.

4.2

Reports of arrival of vessels.

Verification of inspection.

Closed ports or places.

Shipping articles and enforcement of Seamen's Act.

4.66

4.67

4.68

Crew; passengers.

4.69

4.70

4.71

4.74

4.10 Request for overtime services.

4.11 Sealing of stores.

4.12

4.13

Correction of manifest.

Alcoholic liquors on vessels of not over 500 tons.

4.14 Equipment and repairs to American

4.80

Vessels entitled to engage in coastwise trade.

vessels.

AUTHORITY: §§ 4.1 to 4.98 issued under R. S. 161, 251, secs. 2, 3, 23 Stat. 118, as amended, 119, as amended, sec. 624, 46 Stat. 759; 5 U. S. C. 22, 19 U. S. C. 66, 1624, 46 U. S. C. 2, 3. Statutory provisions interpreted or applied and special rule making authority are cited to text in parentheses.

ARRIVAL AND ENTRY OF VESSELS

§ 4.1 Boarding of vessels; cutter and dock passes. (a) When any vessel which might have on board any article subject to customs treatment comes within the limits of any port of entry or within customs waters, customs officers may board the vessel to inspect its manifest and other documents and papers and to examine, inspect, and search the vessel and the persons and articles on board.'

1"Any officer of the customs may at any time go on board of any vessel or vehicle at any place in the United States or within the customs waters and examine the manifest and other documents and papers and examine, inspect, and search the vessel or vehicle and every part thereof and any person, trunk, package, or cargo on board, and to this end may hail and stop such vessel or vehicle, and use all necessary force to compel compliance." (19 U. S. C. 1581 (a))

"If the master of any vessel shall obstruct or hinder, or shall intentionally cause any obstruction or hindrance to any officer in lawfully going on board such vessel, for the purpose of carrying into effect any of the revenue or navigation laws of the United States, he shall for every such offense be liable to a penalty of not more than $2,000 nor less than $500." (R. S. 3068, sec. 307, 49 Stat. 528)

268016-54

(b) Every vessel which has arrived from outside the customs territory of the United States is subject to such supervision while in port as the collector deems necessary. When he deems it desirable, the collector may detail customs officers to remain on board a vessel to secure the enforcement of these regulations.

(c) No person, with or without the consent of the master, except a pilot, officer of the customs or Coast Guard, immigration officer, health officer, agent of the vessel, or consular officer, shall go on board or, except for the purpose of reporting the arrival of the vessel as required by law, leave any vessel arriving from outside the customs territory of the United States without permission of the collector of customs or the customs officer in charge until such vessel has been properly inspected by the customs and brought to the dock or anchorage at which cargo is to be laden or unladen and until all passengers and their baggage have been landed from the vessel; nor shall the master of any vessel authorize the boarding or leaving of the vessel by any person in violation of this paragraph. Every person

"It shall not be lawful for the master of any such steamship or other vessel, not in distress, after the arrival of the vessel within any collection district of the United States, to allow any person or persons, except a pilot, officer of the customs, or health officer, agents of the vessel, and consuls, to come on board of the vessel, or to leave the vessel, until the vessel has been taken in charge by an officer of the customs, nor, after charge so taken, without leave of such officer, until all the passengers, with their baggage, have been duly landed from the vessel. (46 U. 8. C. 158)

"The Secretary of the Treasury is authorized and directed to prescribe from time to time and enforce regulations governing the boarding of vessels arriving at the seaports of the United States, before such vessels have been properly inspected and placed in security, and for that purpose to employ any of the officers of that department. Each person violating such regulations shall be subject to a penalty of not more than $100 or imprisonment not to exceed six months, or both, in the discretion of the court. This section shall be construed as supplementary to section 158 and section 708 of this title." (46 U. S. C. 163. Sec. 102, Reorg. Plan No. 3 of 1946; 3 CFR, 1946 Supp., Ch. IV)

"Whoever, not being in the United States service, and not being duly authorized by law for the purpose, goes on board any vessel about to arrive at the place of her

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