(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.

(j) Every vessel carrying more than six passengers, 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, which is:

(1) Propelled in whole or in part by steam or by any form of mechanical or electrical power and is of 15 gross tons or less; or,

(2) Propelled in whole or in part by steam or any form of mechanical or electrical power and is of more than 15 gross tons and less than 100 gross tons and not more than 65 feet in length measured from end to end over the deck excluding sheer; or,

(3) Propelled by sail and is of 700 gross tons or less; or,

(4) Non-self-propelled and is of 100 gross tons or less.

(R.S. 4498, as amended, 46 U.S.C. 496)

§ 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)

§ 3.56 Revocation or denial of docu

ment.

(a) Before revoking the documen of a vessel which is being, or is in tended to be, used illegally," the col lector of customs shall present charge to the owner of the vessel and give suc owner a reasonable time to reply; excep that, if the evidence is practically con clusive and immediate action is neces sary, the collector shall forthwith revok the document, subject to an appeal b the owner to the Commissioner Customs.

(b) Any appeal from a revocation denial of document by a collector sha be in writing. It shall be filed in tripli cate with the collector, who shall retai one copy in his office. The owner ma submit with his appeal corroborativ evidence in the form of written state ments from persons having actua knowledge of the facts, and, if pertinent a detailed description and blueprints o the vessel. Such evidence, with tw copies of the owner's appeal, shall b promptly forwarded to the Commis sioner of Customs, together with the collector's report, which shall present in detail the facts and evidence supporting

40 "Subject to appeal to the Secretary o the Treasury and under such regulation as he may prescribe, whenever either the col lector of customs of the district in which an vessel is, or is sought to be, registered, en rolled, or licensed, or the Commandant of th Coast Guard in the case of any vessel whic is, or is sought to be numbered, is show upon evidence which he deems sufficient tha such vessel is being, or is intended to be, em ployed to smuggle, transport, or otherwis assist in the unlawful introduction or im portation into the United States of any mer chandise or person, or to smuggle any mer chandise into the territory of any foreig government in violation of the laws there i force, if under the laws of such foreign gov ernment any penalty or forfeiture is provide for violation of the laws of the United State respecting the customs revenue, or wheneve from the design or fittings, of any vessel o the nature of any repairs made thereon, 1 is apparent to such collector or Commandan that such vessel has been built or adapted fo the purpose of smuggling merchandise, th said collector or Commandant shall revok the registry, enrollment, license, or numbe of said vessel or refuse the same if applica tion be made therefor, as the case may be Such collector or Commandant and all per sons acting by or under his direction shall b indemnified from any penalties or actions fo damages for carrying out the provisions a this section." (19 U.S.C. 1704)

1

2

(b) Vessels registered pursuant to this section shall not engage in the coastwise trade unless in possession of a valid unexpired permit to engage in that trade issued by the Secretary of Commerce under authority of section 3(c) of the act of August 9, 1954.

(c) Any vessel which is entitled under the provisions of paragraph (a) of this section to be registered may be enrolled and licensed if 20 net tons or over, or, if under 20 net tons, licensed for the coasting trade under the act of August 9, 1954, provided a valid unexpired permit to engage in the coastwise trade issued by the Secretary of Commerce under the authority of section 3(c) of the act of August 9, 1954, is filed with the collector of customs to whom application for enrollment and license or license is made. (Sec. 3, 68 Stat. 675; 50 U.S.C. 198)

§3.61 Provisional register.

(a) Subject to prior authorization by the Commissioner of Customs in each

"It is not necessary that the name and hailing port be marked prior to documentation on a vessel to be documented under 13.60 to 3.74.

A vessel may be documented under such sections although no certificate of inspection 1 has been issued or filed with the collector. The master and watch officers of a vessel documented under such sections shall be citizens of the United States, except in those cases where that requirement of law is waived as provided for in section 3(b) of the act of August 9, 1954.

case, a consular officer of the United States, or the captain of the Port of Cristobal or Balboa, C.Z., may issue a provisional register to a vessel abroad which has been acquired by or made available to the Secretary of Commerce.

(b) A copy of every provisional register issued under this section shall be forwarded immediately by the issuing officer through the usual channels to the Commissioner of Customs.

(c) Such provisional register shall entitle the vessel to the privilege of a vessel of the United States in trade with foreign countries, American Samoa, or the Island of Guam, until the expiration of 6 months from the date thereof, until 10 days after the vessel's arrival at a port in the United States, or until the effective date of an order of the Commissioner of Customs requiring its surrender, whichever may happen first, and no longer.

(Sec. 3, 68 Stat. 675; 50 U.S.C. 198)

§ 3.62 Marine documents; classes; period of validity.

(a) Marine documents issued under the act of August 9, 1954, shall consist of registers, enrollments and licenses, and licenses.

(b) All marine documents (except provisional registers) issued under the act of August 9, 1954, shall be permanent, whether granted to vessels at their home ports or at ports other than their home ports.

(c) Every marine document issued under the act of August 9, 1954, shall be valid until the effective date of an order of the Commissioner of Customs requiring its surrender, unless sooner terminated as provided for in any of the provisions of §§ 3.60 to 3.74.

(d) Any document issued under the act of August 9, 1954, shall be valid only so long as the vessel to which it is granted is owned as, and of the description, stated therein.

(e) Any enrollment and license or license issued under the act of August 9, 1954, shall be valid only so long as the permit issued to the vessel by the Secretary of Commerce remains in force.

(f) Any document issued under the act of August 9, 1954, shall be surrendered at any time that such surrender may be ordered by the Commissioner of Customs. No vessel, the surrender of the documents of which has been so ordered, shall have, after the effective date specified in such order, the status

of the vessel of the United States unless documented anew.

(Sec. 3, 68 Stat. 675; 50 U.S.C. 198)

§ 3.63 Marine documents; execution of. All marine documents issued under the act of August 9, 1954, shall be executed as prescribed in § 3.7.

(Sec. 3, 68 Stat. 675; 50 U.S.C. 198)

§ 3.64

Marine documents to include dimensions and tonnage.

Every marine document issued to a vessel under the act of August 9, 1954, shall, whenever possible express the data specified in § 3.9.

(Sec. 3, 68 Stat. 675; 50 U.S.C. 198)

§3.65 Application for official number and signal letters.

(a) Application for an official number for a vessel to be documented under the act of August 9, 1954, shall be made in triplicate by the Secretary of Commerce and delivered to the Commissioner of Customs directly or through the collector of customs at the home port, or through the collector of customs at the port at which the Secretary of Commerce intends to document the vessel. The application may contain a request that signal letters be awarded and shall show the following on its face or on an attachment when suitable spaces are not provided on the form for such information:

(1) That the United States represented by the Secretary of Commerce is the owner of the vessel.

(2) That the vessel is not documented under the laws of the United States.

(3) That it has been acquired by or made available to the Secretary, as the case may be.

(4) That it has not been constructed under the provisions of the Merchant Marine Act, 1936, as amended.

(5) The material of which the hull is constructed.

(6) The date and place of build of the vessel, if possible.

(7) The matters required by § 3.64 to be shown on the document.

(b) Official numbers issued to such vessels shall be prefaced by the letters MA. The issuance shall be as provided for in § 3.13 (c).

(Sec. 3, 68 Stat. 675; 50 U.S.C. 198)

§ 3.66 Designation of home port.

Prior to documentation, the approval

of the Commissioner of Customs of the

designation of home port shall be ob tained by the Secretary of Commerce The designation shall be made by th Secretary of Commerce in triplicate o customs Form 1319 and delivered to th Commissioner of Customs directly o through the collector of customs at th home port so designated, or through th collector of customs at the port at whic the Secretary of Commerce intends t document the vessel.

(Sec. 3, 68 Stat. 675; 50 U.S.C. 198)

§ 3.67 Coastwise permit.

Before an enrollment and license o license may be issued under the act o August 9, 1954, there shall be filed with the collector at the port at which th document is to issue a valid unexpire permit in duplicate issued by the Secre tary of Commerce under authority O section 3(c) of the act of August 9, 1954 authorizing the vessel to engage in th coastwise trade.

(Sec. 3, 68 Stat. 675; 50 U.S.C. 198)

§ 3.68 Marking of official number and net tonnage.

The official number and the net tonnage of every vessel documented under authority of the act of August 9, 1954, shall be marked upon the main beam. Such marking shall not, however, be required prior to the issue of a document to the vessel.

(b) This oath may be taken before any officer authorized by law to administer oaths generally and may be mailed to the collector together with the enthe rollment and license or license, whereupon action shall be taken as if the at oath had been administered by the collector.

*(Sec. 3, 68 Stat. 675, 50 U.S.C. 198)

§3.71 Change of master.

When the master of any vessel documented under the act of August 9, 1954, is changed, the new master shall report the change to the collector at the port where the change takes place or where the vessel shall first arrive after the chchange, and shall produce to the collec

tor the vessel's document and make oath S that he is the new master of the vessel. The collector shall then endorse upon the document the name of the new master.

(Sec. 3, 68 Stat. 675; 50 U.S.C. 198)

§ 3.72 Issue, record, and surrender of documents.

(a) The provisions of §§ 3.22 (a) and (b) and 3.26 shall apply with respect to documents issued under the act of August 9, 1954.

(b) No enrollment and license or 11cense shall be issued for a longer period than is authorized by the permit referred to in § 3.67.

(Sec. 3, 68 Stat. 675; 50 U.S.C. 198)

§3.73 Renewal of document.

A document granted to any vessel under the act of August 9, 1954, shall be presented to the collector of the port at which the vessel may be at the time of its expiration within 3 days after that time, or if the vessel be at sea at that time, within 3 days after her first arrival at a port of the United States. Such a document may be renewed by the collecce tor of customs upon the request of the master or the Secretary of Commerce Sif at the time of such request the documentation of the vessel is not prohibited by the act of August 9, 1954, by any order of the Commissioner of Customs issued under authority of that act requiring surrender of the vessel's document, or by any provision of the regulations in this part.

(Sec. 3, 68 Stat. 675; 50 U.S.C. 198)

§ 3.74 Exchange of documents.

(a) Any vessel enrolled and licensed or licensed under the act of August 9, 1954, may be registered.

(b) Any vessel registered under the act of August 9, 1954, may be enrolled and licensed or licensed for the coasting trade if a permit in duplicate issued by the Secretary of Commerce under section 3 (c) of the act of August 9, 1954, authorizing a vessel to engage in the coastwise trade is filed with the collector of customs.

(Sec. 3, 68 Stat. 675; 50 U.S.C. 198) REGISTRATION OF PRIVATE CODE SIGNALS, HOUSE FLAGS, AND FUNNEL MARKS

§ 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 $40, 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) [28 F.R. 14575, Dec. 31, 1963, as amended by T.D. 56107, 29 F.R. 2335, Feb. 11, 1964]

APPENDIX

NOTE: The substance of customs Forms 1260, 1262, and 1263 prescribed in §§ 3.18, 3.19, 3.21, and 3.21a is reproduced below. Until such time as printed copies of such forms are available, typewritten or other reproduced copies may be used. Customs Form 1260

TREASURY DEPARTMENT
BUREAU OF CUSTOMS

OATH ON LICENSE OR ENROLLMENT AND LICENSE, FOR OPERATION OF UNDOCUMENTED VESSEL, OR FOR QUALIFICATON OF CORPORATION AS A CITIZEN OF THE UNITED STATES UNDER THE ACT OF SEPTEMBER 2, 1958 (46 U.S.C. 883-1)

I, the affiant named above, swear that the information which I have given, including that respecting the vessel and the corporation, is, to the best of my knowledge and belief, true, complete, and correct; that the corporation named is the sole owner of the vessel named and described above;

That no subject or citizen of any foreign prince or state, is directly or indirectly, by way of trust, confidence, or otherwise, interested in the vessel, or in the profits or issues thereof;

That a majority of the officers and directors of such corporation are citizens of the United States, as shown by the attached listing incorporated in and made a part of this oath which truly and correctly names all such officers and directors, giving the home address and citizenship of each; that not less than 90 percent of the employees of such corporation are residents of the United States; that such

The portion of the form requiring vessel identification shall be struck out when the affant's oath is filed merely to qualify as a citizen under the Act and not as an owner and operator.

Do not complete this blank in the case of an undocumented vessel.

Show address where vessel business of owner or operator is conducted; when corporation is qualifying under Act other than as owner or operator of vessel, show place of principal business.

Show the capacity in which the affiant is acting for the owning corporation, as "President," "Secretary," "Specially authorized officer," or "Agent" as the case may be.

"Interest" as used herein does not refer to the ownership of stock of the corporation owning the vessel or to control of the corporation by way of voting or other direct or indirect means but rather refers to ownership of the vessel itself. Strike out this clause in the case of a licensed vessel of less than 20 net tons.