(R.S. 4132, as amended, sec. 22, 41 Stat. 997, secs. 2, 9, 39 Stat. 729, as amended, 730, as amended, sec. 27, 41 Stat. 999, as amended, 72 Stat. 1736; 46 U.S.C. 11, 13, 802, 808, 883, 883-1)

§3.43 Documentation of American-built 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 Sof 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 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 ea 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 vessel of the United States.

g

0: (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 csection 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 § 3.2(f) shall be en

dorsed 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)

§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)

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.

§ 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.

(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)

§ 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. § 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)

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 or other person in charge or command of ary such vessel shall not exhibit the same, when required by such officer, unless the vessel is one which by regulation of the Secretary of the Treasury is not required to have its register or enrollment or license or document in lieu thereof on board, such master or person in charge or command 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.)

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)

to the deputy collector at the vessel's home port.

(c) In applicable cases there shall be filed with the deputy collector: (1) The consent of the mortgagee or other beneficiary under each lien, mortgage, or other encumbrance of record at the vessel's home port, and (2) a certified copy of any approval of the Martime Administration required by subsection 0(a), Ship Mortgage Act, 1920.35*

(d) If the application is approved, the approving officer shall so indicate by a note in the appropriate space provided en customs Form 1323, deliver the original to the applicant, and retain the duplicate in the records of his office. If the application is disapproved, the applicant shall be notified in writing.

(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:

Notice is hereby given that an order Cated has been issued by the undersigned authorizing the name of 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 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) The order for change of name shall be effective only if the vessel is documented in the new name within a period of 6 months from the date of the order.

(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 change in name is approved, the approving officer 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.

(1) Whenever any vessel documented or formerly documented as a vessel of the United States has been sold or transferred in whole or in part, or altered in tonnage, description, or rig, that vessel shall be documented anew only under the name in which it was last documented. However, if an application for

change of name is submitted simultaneously, if the vessel is then marked with a name other than that in which it was last documented, and if the change in name is approved, the vessel may be documented anew without requiring the former name to be marked, provided the vessel is forthwith documented in the new name and provided that that name is then correctly marked on the vessel in compliance with the applicable requirements.

(R.S. 4170, as amended, 4179, secs. 1-3, 41 Stat. 436, as amended, 437, as amended; 46 U.S.C. 39, 50-53)

NOTE: Treasury Decision 53530, 19 F. R. 4405, July 17, 1954, provides as follows:

The International Regulations for Preventing Collisions at Sea, which came into force on January 1, 1954, prescribe in Rule 31 that the signal of distress for ships with a radiotelephone is the spoken word "MAYDAY."

Notice is hereby given that, for obvious reasons, the Bureau as a matter of policy will not approve the use of a name, either in connection with an original documentation or an application for change of name of a documented vessel which is actually or phonetically identical with, or so similar as to be confused with, the international radiotelephone distress signal "MAYDAY."

This action coincides with a similar precautionary measure taken by Great Britain. § 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)

§ 3.53

Yacht privileges and obligations.

(a) A vessel documented at a yacht shall be used exclusively for pleasure and shall not transport merchandise nor carry passengers for pay. A vessel which is so documented and which is not engaged in any trade nor in any way violating the customs or navigation laws of the United States may proceed from port to port in the United States or to foreign ports without clearing and is not subject to entry upon its arrival in a port of the United States, provided it has not visited a hovering vessel.

(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 to the United States of any yacht so commissioned, such commission shall be surrendered to the customs officer to whom the required report of arrival is made.

(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

39 "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 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.

(e) In order to obtain a cruising 155 license for a yacht of any country listed

În paragraph (d) of this section there Sshall 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 the condition that the vessel shall not Engage in trade or violate the laws of the United States in any respect. The maser shall comply with section 433 of the Tariff Act of 1930 upon the vessel's arfival at every port or place within the United States.

(f) Cruising licenses shall be in the ollowing form:

LICENSE TO CRUISE IN THE WATERS OF THE
UNITED STATES

To Collectors of Customs:
For a period of

the

from

(Rig) belonging to

(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. Upon arrival at each port or place in the United States, the master shal: report the fact of arrival to the customs officer at the nearest customhouse. Such report shall be made within 24 hours, exclusive of any day on which the customhouse is not open for marine business. 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.

(R.S. 4197, as amended, 4214, as amended, 4217, as amended, 4367, 4368, sec. 4, 28 Stat. 625, sec. 5, 35 Stat. 425, as amended, secs. 433, 434, 435, 441, 46 Stat. 711, as amended, 712, as amended; 19 U.S.C. 1433, 1434, 1435, 1441, 46 U.S.C. 91, 103, 104, 105, 107, 313, 314) [28 F.R. 14575, Dec. 31, 1963, as amended by T.D. 56185, 29 F.R. 7420, June 9, 1964]

§ 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 tugboat 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 for hire and every vessel of above 15 gross tons and in excess of 65 feet in length carrying 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.