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Quadrant. A casting, forging or built

up frame in the shape of a sector of a circle attached to the rudder stock and

through which the steering gear leads turn the rudder.

Rabbet. A groove or channel cut in a piece of timber to take the edge of a plank, or the ends of a number of planks. Rake of the bow. The inclination of the line of the stem from the forward perpendicular.

Rake of the stern timber. Its (stern timber) inclination from the after perpendicular.

Reverse frame. An angle bar or other shape riveted to the top of floors and/or the inner edge of a transverse frame to reinforce it.

Rudder post. See sternpost.

Rudder stock. The main piece of the rudder frame, to which the pintles are connected and to the upper end of which the quadrant or tiller is fitted.

Samson post. A heavy vertical post he that supports cargo booms.

Scantlings. Dimensions of various ter members that are used in the construction of a vessel.

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Scupper. A round or oval aperture usually fitted in decks for the purpose of drainage.

Settling tanks. Oil tanks used for separating entrained water from the oil. The oil is allowed to stand for a time, to permit the water to settle at the bottom when it is drained or pumped off.

Shaft tunnel. Enclosed alley-way around propeller shaft.

Shelf. A fore and aft timber fitted to The the frames and forming a support for the ends of the deck beams.

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Shell plating. The plates forming the cuter skin of the hull.

Sheer. The amount by which the beight of the weather deck at the forWard and after perpendiculars exceeds this height at the mid-perpendicular.

Skin. A term usually applied to the outside planking or plating.

Skylight. A built-up frame of wood or metal having glass lights fitted in the top and installed over a deck opening for the purpose of furnishing light and air to the spaces below.

Stem. In the case of wooden vessels, it is the heavy piece of timber at which the outside planking terminates at the forward end of the hull. In iron or steel vessels it is the heavy piece of iron or steel extending from the keel to above the uppermost weather deck, and forming the extreme fore end of a vessel. Stern. The after end of a vessel. Sternpost (main). In wooden vessels, the piece of timber extending from the after end of the keel to the uppermost deck and to which the rudder braces are fixed to receive the pintles by which the rudder is hung. In iron or steel sailing vessels, paddle and twin-screw steamers, the heavy forging or casting of iron or steel extending from the after end of the keel (to which it is scarfed) to an appropriate distance within the hull; in single screw steamers, the after part of the stern frame.

Stiffener. An angle bar, T-bar, channel bar, etc., used to stiffen plating of the bulkhead, etc.

Strake. A fore and aft continuous course or row of shell or other plating or planking.

Tank top. Plating forming the top of a double bottom. The inner bottom.

Transom. A floor plate extending across the vessel at the forward side of the sternpost and attached thereto.

Transverse framing. Athwartship and vertical members forming the vessel's framing. Opposite to the longitudinal system of framing.

Tumble home. An inboard sloping of the vessel's side. (The opposite to flare.)

Web frame. Members built of plates and angles, spaced at required intervals, and fitted in lieu of main frames for the purpose of local strengthening.

Longitudinal. A fore and aft vertical member running parallel, or nearly parallel, to the center vertical keel through the double bottom.

Wheelhouse (or pilot house). The house in which a steering wheel is located for the steering and navigation of the vessel.

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US.C. 1624, 46 U.S.C. 2, 3, Gen. Hdnote. 11, Tariff Schedules of the United States, except as otherwise noted.

SOURCE: The provisions of this Part 3 appear at 28 F.R. 14575, Dec. 31, 1963, unless otherwise noted.

GENERAL

§ 3.1 General definitions.

For the purposes of this part and Part 4 of this chapter:

(a) The word "vessel" includes every description of watercraft or other contrivance used or capable of being used as a means of transportation on water, but does not include aircraft.

(b) The term "vessel of the United States" means any vessel documented under the laws of the United States.

(c) The term "documented" means registered, enrolled, and licensed, or licensed under the laws of the United States, whether permanently or temporarily.

(d) The term "marine document" includes registry, enrollment and license, and license.

(e) The term "port of documentation" means the home port of a vessel. It does not include a port in which a temporary document is issued.

(f) The term "mortgagee," in the case of a mortgage involving a trust deed and a bond issue thereunder, means the trustee designated in such deed.

(g) The term "noncontiguous territory of the United States" includes all the island Territories and possessions of the United States, but does not include the Canal Zone.

(h) The term "parent corporation" means a corporation incorporated under the laws of the United States, or any State, Territory, District, or possession thereof, which controls, directly or indirectly, at least 50 percent of the voting stock of a corporation which is a citizen of the United States as defined in §3.19 (a) (4) and for which there is on file with the proper collector of customs e a valid and current certificate under oath as required by § 3.21a.

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(i) The term "subsidiary corporation" means a corporation incorporated under the laws of the United States, or any State, Territory, District, or possession thereof, not less than 50 percent of the Voting stock of which is controlled, directly or indirectly, by a corporation Thich is a citizen of the United States a defined in § 3.19(a) (4) or by a parent corporation of any such corporation and for which there is on file with the proper

collector of customs a valid and current certificate under oath as required by § 3.21a.

(Sec. 27A, 72 Stat. 1736; 46 U.S.C. 883-1)
Vessels entitled to documents.
8 3.2

(a) A vessel of 20 net tons or more may be registered or enrolled and licensed. A vessel of 5 net tons or more but less than 20 net tons may be licensed (except vessels subject to the provisions of paragraph (b) of this section) or registered.

(b) Any vessel of 5 net tons or more which is to be documented for navigating the waters of the northern, northeastern, or northwestern frontiers otherwise than by sea shall be granted a frontier enrollment and license, customs Form 1273, except that a vessel used exclusively as a pleasure vessel on those waters may be granted an enrollment and license as a yacht, customs Form 1290, if entitled to be so documented in accordance with the provisions of § 3.4. (See § 3.40.)

(c) The following classes of vessels are entitled to receive documents under existing laws:

Class 1. Any vessel built in the United States and wholly owned by a citizen.' A vessel of this class owned by a corporation which is qualified as a citizen of the United States under the definition contained in § 3.19 (a) (4) may be documented for use in the coastwise trade within the limitations specified in the Act of September 2, 1958 (46 U.S.C. 8831), if it is a non-self-propelled vessel or a self-propelled vessel of less than 500 gross tons (see also § 3.19(e)).

Class 2. Any vessel purchased from the Maritime Administration or War Ship(See ping Administration by a citizen. § 3.42.)

Class 3. Any vessel built in the United States in whole or in part for the account of one who is not a citizen and then recorded, which thereafter becomes wholly owned by a citizen and has never before been documented. (See § 3.47.)

Class 4. Any vessel captured by a citizen in a war to which the United States is a party, which has been lawfully condemned as a prize and is wholly owned by a citizen.

Class 5. Any vessel which has been judicially forfeited for a breach of the laws of the United States when wholly

For the meaning of the word "citizen" in this section, see § 3.19.

owned by a citizen. This includes a foreign-built vessel, but does not include any vessel not otherwise entitled to documents which has been sold under a decree of admiralty for debt or seamen's wages.

Class 6. Any vessel built in the United States and sold by the Government to a citizen. A foreign-built vessel bought or chartered by the Government is entitled to documentation if sold to a citizen and the requirements for class 9 are met.

Class 7. Any vessel authorized by special act of Congress to be documented.

Class 8. Any vessel wrecked on a coast of the United States or its possessions or in adjacent waters when purchased by a citizen and repaired in a shipyard in the United States or its possessions, provided it be proved to the satisfaction of the Commissioner of Customs, through a board of three appraisers appointed by him if necessary, that the repairs put upon such vessel are equal to three times the appraised salved value of the vessel. The expense of such appraisal shall be borne by the owner of the vessel. If any of the material facts sworn to or represented by the owner, or at his instance, to obtain a document for such vessel is not true, the vessel is liable to forfeiture.

Class 9. Any seagoing vessel, whether steam or sail, wherever built, wholly owned by a citizen. A foreign-built vessel of this class shall engage only in trade with foreign countries or the islands of Guam, Tutuila, Wake, Midway, or Kingman Reef. It shall not engage in the coastwise trade, except as specified in sections 18 and 22, Merchant Marine Act, 1920, as amended, nor in the American fisheries. (See § 3.42.)

(d) The appropriate one of the following notations shall be made on the register of any vessel owned by a corporation which is established as a citizen of the United States under the definition contained in §3.19 (a) (3) or § 3.19 (b), except when such register is required by any other provision of this part to bear an endorsement prohibiting the vessel from engaging in the coastwise trade:

(1) "Less than 75 percent of the interest in the corporation owning this vessel is owned by citizens of the United States. It shall not engage in the coastwise trade"; or

(2) "75 percent of the interest in the corporation owning this vessel is owned by citizens of the United States. It may

engage in the coastwise trade so long as so owned and no longer."

(e) The following notation shall be made on the enrollment and license or license of any non-self-propelled vessel or any self-propelled vessel of less than 500 gross tons owned by a corporation which is established as a citizen of the United States under the definition contained in § 3.19 (a) (4):

As amended by the Act of September 2, 1958 (46 U.S.C. 883-1). This vessel may engage in the coastwise trade, within the limitations specified in the Act, so long as so owned and no longer. It shall not engage in the fisheries and is not authorized to be documented for nor to engage in the foreign trade.

(f) No vessel of classes 1 through 8 above which has acquired the lawful right to engage in the coastwise trade, by virtue of having been built in or documented under the laws of the United States, shall have the right to engage in such trade if it thereafter has been sold or transferred foreign in whole or in part or placed under foreign registry (§ 3.43), or, if of more than 500 gross tons, has been rebuilt unless the entire rebuilding, including the construction of any major components of the hull or superstructure of the vessel, was effected within the United States, its Territories (not including trust territories), or its possessions. However, no rebuilt vessel shall be deemed to have lost its coastwise privileges within the meaning of the above merely because it may have been rebuilt within the United States its Territories (not including trust territories), or its possessions under a contract executed before July 5, 1960, if the work of rebuilding is commenced not later than 24 months after such date (§ 3.28).' When a vessel has lost its coastwise privileges, no document shal

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of section 27 of the Merchant Marine Act 1920, as amended (U.S.C., 1958 edition, title 46, sec. 883), is amended to read as follows "Provided further, That no vessel of mor than five hundred gross tons which has ac quired the lawful right to engage in the coastwise trade, by virtue of having beer built in or documented under the laws of the United States, and which has later beer rebuilt, shall have the right thereafter to engage in the coastwise trade, unless the entire rebuilding, including the construction of any major components of the hul or superstructure of the vessel, is effected within the United States, its Territories (no

be issued for the coastwise trade and any document which may be issued to such vessel for any other trade or employament shall bear the following notation: SeAs amended by section 27 of the Mer

chant Marine Act of June 5, 1920, as amended. This vessel shall not engage ain the coastwise trade."

(RS. 4132, as amended, sec. 22, 41 Stat. 997, ES. 4136, as amended, 4214, as amended, secs. 2, 9, 39 Stat. 729, as amended, 730, as Der amended, sec. 27, 41 Stat. 999, as amended, secs. 2, 3, 70 Stat. 544, 72 Stat. 1736, secs. -2, 3, 4, 74 Stat. 321; 46 U.S.C. 11, 13, 14, as $103, 802, 808, 883, 883a, 883b, 883-1)

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$3.3 Provisional registers.

(a) Consular officers of the United States and such other persons as may be gb/designated by the President for the purpose are authorized to issue a provirasional certificate of registry to any vessel of abroad which has been purchased by a na citizen, as defined in § 3.19, and which

at the time of such purchase is not docusmented as a vessel of the United States.

(b) Such provisional certificate shall entitle the vessel to the privileges of a vessel of the United States in trade with foreign countries or with the islands of Guam and Tutuila until the expiration of 6 months from the date thereof, or until 10 days after the vessel's arrival in a port of the United States, whichever first happens, and no longer. On arst rival at a port of the United States, the vessel shall become subject to the laws relating to officers, inspection, and measmurement.

(c) When a bill of sale covering such transfer is presented to an American consular officer:

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(1) Satisfactory evidence shall produced to establish that the transfer

including trust territories), or its possessions:".

Sec. 4. This Act shall be effective from the time of enactment hereof: Provided, however, That no vessel shall be deemed to A have lost its coastwise privileges as a result th of the amendments made by this Act if it is rebuilt within the United States, its Territories (not including trust territories), or its possessions under a contract executed the before such date of enactment and if the work of rebuilding is commenced not later than twenty-four months after such date of enactment. (Secs. 1 and 4, Act of July 5, 1960 (74 Stat. 321))

'The captains of the ports of Cristobal and Balboa, Canal Zone, were designated by Executive Order No. 10351, dated May 15, -1852 (17 F. R. 4517).

of registry has the approval of the foreign government concerned.

(2) The bill of sale shall be filed with him.

(3) The vendee shall submit a certificate as to the bona fides of the transfer of title and the citizenship of the vendee which the consul shall file with the bill of sale.

(4) If the vendor or his duly authorized representative be present, he shall also sign the certificate.

(5) The consular officer will investigate the circumstances surrounding the sale of the vessel and then communicate by dispatch, or by cable at the expense of the applicant, with the Commissioner of Customs through the Department of State, setting forth the results of his investigation; pertinent data regarding the vessel, such as its name, former nationality, rig, and gross and net tonnages; that the bill of sale and certificate of bona fides have been filled with him, giving the names of the vendor and vendee; whether the proposal to have the vessel placed under American registry has the approval of the foreign government concerned, or, if such approval is not required, stating that fact; his opinion as to whether the transfer was made in good faith; and whether it is intended that the vessel will be navigated to the United States on a voyage expected to terminate before the expiration date of the provisional register to be issued.

(6) On receipt of such a communication, if the transfer appears to be in good faith and the documentation of the vessel is not contrary to the policy of this Government, the Commissioner of Customs will award signal letters to the vessel and, through the usual channels, will promptly authorize the State Department to instruct the consular officer to issue a provisional certificate, customs Form 1266-A, to the vessel. The State Departinent will then cable, at the expense of the parties concerned, instructions and data for the issue of the provisional register.

(d) When bills of sale covering such transfers are presented to persons designated by the President for the purpose of issuing provisional certificates of registry, the procedure outlined in paragraph (c) of this section shall be followed. Communications in such cases shall be made through the appropriate departments.

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