3.26 Surrender of permanent documents. 3.32 Sale or transfer of vessel; change in membership of owning partnership. 3.33 Recording of bills of sale and mortgages. 3.34 Issue of temporary document upon sale. 3.35 Sale abroad. 3.36 Sale or charter to an alien. 3.37 Preferred mortgages. 3.38 Record and endorsement of preferred mortgages and related instruments. 3.39 Certificate of ownership. 3.40 Frontier enrollment and license. 3.41 Transfer from frontier enrollment and license. 3.42 Registry of foreign-built vessels. 3.43 Documentation of American-built foreign-flag vessels. 3.44 Foreign-built yachts. 3.70 Home port; change of. 3.66 3.67 3.68 Marking of official number and net tonnage. 3.69 Master's oath for enrollment and license. 3.71 3.72 Issue, record, and surrender of docu ments. 8.73 Renewal of document. Change of master. 3.74 Exchange of documents. 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. 3.81 Registration of rockets, lights, or other similar signals, house flags, or funnel marks. 8.82 Fee for registering a house flag or funnel mark, or both. Appendix AUTHORITY: §§ 3.1 to 3.82 issued under R. S. 161, sec. 624, 46 Stat. 759, secs. 2, 3, 23 Stat. 118, as amended, 119, as amended sec. 101, 76 Stat. 72; 5 U.S.C. 22, 19 U.S.C. 1624, 46 U.S.C. 2, 3, Gen. Hdnote. 11, Tariff Schedules of the United States. Additional authority is cited in parentheses following the sections affected. SOURCE: §§ 3.1 to 3.82 appear at 28 F.R. 14575, Dec. 31, 1963. (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 a valid and current certificate under oath as required by § 3.21a. (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 which is a citizen of the United States as 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) § 3.2 Vessels entitled to documents. (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 provision of paragraph (b) of this section) registered. (b) Any vessel of 5 net tons or mo which is to be documented for naviga ing the waters of the northern, north eastern, or northwestern frontiers other wise than by sea shall be granted frontier enrollment and license, custom Form 1273, except that a vessel used e clusively as a pleasure vessel on thos waters may be granted an enrollment an license as a yacht, customs Form 1290, entitled to be so documented in accord ance with the provisions of § 3.4. (Se § 3.40.) (c) The following classes of vessels at entitled to receive documents unde existing laws: Class 1. Any vessel built in the Unite States and wholly owned by a citizen A vessel of this class owned by a corpo ration which is qualified as a citizen o the United States under the definitio contained in § 3.19(a) (4) may be docu mented 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 vesse or a self-propelled vessel of less than 500 gross tons (see also § 3.19 (e)). Class 2. Any vessel purchased from th Maritime Administration or War Ship ping Administration by a citizen. (Se §3.42.) Class 3. Any vessel built in the Unite States in whole or in part for the accoun of one who is not a citizen and then re corded, which thereafter becomes wholl owned by a citizen and has never befor been documented. (See § 3.47.) Class 4. Any vessel captured by a citi zen in a war to which the United State is a party, which has been lawfully con demned as a prize and is wholly owne by a citizen. Class 5. Any vessel which has bee judicially forfeited for a breach of th laws of the United States when wholl owned by a citizen. This includes a for eign-built vessel, but does not includ any vessel not otherwise entitled to docu ments which has been sold under a de cree of admiralty for debt or seamen' wages. Class 6. Any vessel built in the Unite States and sold by the Government to 'For the meaning of the word “citizen” in this section, see § 3.19. izen. A foreign-built vessel bought or artered by the Government is entitled documentation if sold to a citizen and e requirements for class 9 are met. Class 7. Any vessel authorized by speal act of Congress to be documented. Class 8. Any vessel wrecked on a coast the United States or its possessions or | adjacent waters when purchased by citizen and repaired in a shipyard in e United States or its possessions, proded it be proved to the satisfaction of le Commissioner of Customs, through board of three appraisers appointed by m if necessary, that the repairs put pon such vessel are equal to three times e appraised salved value of the ves1. The expense of such appraisal shall e borne by the owner of the vessel. If py of the material facts sworn to or epresented by the owner, or at his intance, to obtain a document for such essel is not true, the vessel is liable to orfeiture. 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 İslands 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 .he 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 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 more than five hundred gross tons 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, and which has later been 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 hull or superstructure of the vessel, is effected within the United States, its Territories (not 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 have lost its coastwise privileges as a result of the amendments made by this Act if it is rebuilt within the United States, its Ter coastwise privileges, no document shall be issued for the coastwise trade and any document which may be issued to such vessel for any other trade or employment shall bear the following notation: "As amended by section 27 of the Merchant Marine Act of June 5, 1920, as amended. This vessel shall not engage in the coastwise trade." (R.S. 4132, as amended, sec. 22, 41 Stat. 997, R.S. 4136, as amended, 4214, as amended, secs. 2, 9, 39 Stat. 729, as amended, 730, as 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, 103, 802, 808, 883, 883a, 883b, 883-1) § 3.3 4 Provisional registers. (a) Consular officers of the United States and such other persons as may be designated by the President for the purpose are authorized to issue a provisional certificate of registry to any vessel abroad which has been purchased by a citizen, as defined in § 3.19, and which at the time of such purchase is not documented 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 arrival at a port of the United States, the vessel shall become subject to the laws relating to officers, inspection, and measurement. (c) When a bill of sale covering such transfer is presented to an American consular officer: (3) The vendee shall submit a certi cate as to the bona fides of the transf of title and the citizenship of the vend which the consul shall file with the b of sale. (4) If the vendor or his duly autho ized representative be present, he sha also sign the certificate. (5) The consular officer will invest gate the circumstances surrounding t sale of the vessel and then communica by dispatch, or by cable at the expen of the applicant, with the Commission of Customs through the Department State, setting forth the results of h investigation; pertinent data regardi the vessel, such as its name, form nationality, rig, and gross and net to nages; that the bill of sale and certi cate of bona fides have been filed wi him, giving the names of the vendor ar vendee; whether the proposal to ha the vessel placed under American reg istry has the approval of the foreig government concerned, or, if such ap proval is not required, stating that fact his opinion as to whether the transfe was made in good faith; and whether is intended that the vessel will be navi gated to the United States on a voyag expected to terminate before the expira tion date of the provisional register t be issued. (6) On receipt of such a communica tion, if the transfer appears to be i good faith and the documentation of th vessel is not contrary to the policy this Government, the Commissioner Customs will award signal letters to th vessel and, through the usual channel will promptly authorize the State De partment to instruct the consular office to issue a provisional certificate, cus toms Form 1266-A, to the vessel. State Depart.nent will then cable, at th expense of the parties concerned, in structions and data for the issue of th provisional register. Th (d) When bills of sale covering suc transfers are presented to persons desig nated by the President for the purpos of issuing provisional certificates of reg istry, the procedure outlined in para graph (c) of this section shall be fol lowed. Communications in such case shall be made through the appropriat departments. (e) If bills of sale covering such trans fers are presented to a collector of cus toms, the procedure outlined in para raph (c) (1), (2), (3), (4), and (5) of is section shall be followed, except that e collector shall communicate directly ith the Commissioner of Customs. hereafter, if the transfer appears to be good faith and it is not contrary to he policy of this Government, the Comissioner of Customs will award signal tters to the vessel and, through the sual channels, will promptly request he State Department to authorize the ppropriate consular officer to issue a rovisional certificate to the vessel. The tate Department will then cable, at the xpense of the parties concerned, intructions and data for the issue of the rovisional register. No provisional cerificate of registry shall be issued in any ase unless authorized by the Commisioner of Customs. (f) A duplicate provisional certificate, ustoms Form 1266-A, shall be forwarded as soon as practicable in every case by the issuing officer through the usual channels to the Commissioner of Customs. (g) No provisional certificate shall be issued to any vessel abroad which at the time of its transfer to a citizen of the United States was documented as a vessel of the United States. Such a vessel may be redocumented at a port in the United States upon compliance with the requirements outlined in § 3.35 or if not 50 redocumented while abroad, it shall nevertheless be entitled to all the privileges and benefits of a vessel of the United States up to and for the purpose of its first arrival thereafter within a customs collection district or in a port of documentation outside any such customs collection district. (Sec. 1, 38 Stat. 1193, as amended, R.S. 4166, as amended; 46 U.S.C. 12, 35) § 3.4 Yachts entitled to documents. (a) Any vessel, other than one navigating the waters of the northern, northeastern, or northwestern frontiers otherwise than by sea, may be licensed as a yacht if under 20 but not under 5 net tons and used exclusively as a pleasure vessel, and if otherwise entitled to be documented. (b) Any vessel may be enrolled and licensed as a yacht if used exclusively as a pleasure vessel and otherwise entitled to be documented, provided it is of 5 net tons or over in the case of a vessel navigating the waters of the northern, northeastern, or northwestern frontiers otherwise than by sea, or 20 net tons or over in any other case. (R. S. 4214, as amended; 46 U. S. C. 103) § 3.5 Vessels exempt from documenta tion. (a) The following classes of vessels are exempt from documentation: (1) Boats or lighters not masted, or masted but not decked, used in the harbor of any town or city, and not carrying passengers. (2) Canal boats, barges, or other boats used in whole or in part on canals or on the internal waters of a State, without sail or internal motive power of their own, not engaged in trade with contiguous foreign territory, and not carrying passengers. (3) Barges or boats without sail or internal motive power of their own plying in whole or in part on inland rivers or lakes of the United States, not engaged in trade with contiguous foreign territory, and not carrying passengers. (4) Vessels plying upon waters which are wholly within the limits of a State and which have no outlet into a river or lake on which commerce with foreign nations or among the States can be carried on. (5) Vessels of less than 5 net tons. (b) All other vessels engaged in trade between ports in the United States or engaged in the fisheries, if not registered, shall be enrolled and licensed, or licensed, or will be liable to a penalty of $30 on every arrival, unless the vessel has not been within a customs district since the expiration of the license. (c) No vessel exempt from documentation under the provisions of paragraph (a) (1), (2), (3), or (5) of this section and owned by a corporation which is a citizen of the United States as defined in § 3.19(a) (4) shall be operated in trade on the navigable waters of the United States unless there is on file with the collector of customs for the district in which the vessel business of the owner is conducted a valid and current certificate under oath on customs Form 1260 as required by § 3.21(f). (Sec. 7, 24 Stat. 81, as amended, 21 Stat. 44, R.S. 4385, 18 Stat. 31, 72 Stat. 1736; 46 U.S.C. 319, 332, 335, 336, 883-1) |