Draft of Proposed Navigation Act of 1967

lector and naval officer, and every surveyor residing at a port where there is no collector, shall cause to be affixed and constantly kept in some conspicuous place in his office a fair table of the rates of fees demandable by this title."

This section no longer is necessary. It is similar to R.S. § 2635; June 17, 1930, c. 497, title IV, § 523, 46 Stat. 740 (formerly 19 U.S.C. 59), which required posting of a table of fees, and which was repealed by act Aug. 2, 1956, c. 887, § 4(a) (21),

70 Stat. 947.

Senate Report No. 2560, July 13, 1956, to accompany H.R. 6040, 84th Congress, 2d session (Customs Simplification Act of 1956), stated:

"Section 59 of title 19 (par. (21) of sec. 4(a) of the bill) prescribes requirements, related to those in section 57 (discussed above) which date back to the time when the compensation of customs officers was primarily the proceeds of the specific fees fixed by law. Many of the functions for which fees were fixed are no longer performed. While it is believed that a table of the rates of fees demandable by law should be posted in a conspicuous place in each customhouse, convenient for public inspection, and a receipt should be given for all fees paid, this is rather a matter for handling under existing regulatory authority without statutory prescription of impracticable and inflexible requirements."

In this connection, note T.D. 56251, approved Aug. 31, 1964, which amended § 4.98 and § 24.12, Customs Regulations (19 CFR 4.98 and 24.12), to eliminate the previous requirements that tables of navigation and other fees be posted in customs offices, substituting a requirement that tables or schedules of fees "shall be made available to the public at all customs offices."

"(20) R.S. § 4384 (46 Ú.S.C. 334). All vessels subject to enrollment or license shall be liable to the payment of the fees established by law for services of customs officers incident thereto."

This section is obsolete, having been superseded by act June 19, 1886, c. 421, § 1, 24 Stat. 79, as amended; 46 U.S.C. 331 (sec. 1206 of this act), which provides that no fees shall be charged or collected by collectors or other officers of customs for issuing of license or granting certificate of enrollment, including all endorsements on the same, and oath, and R.S. § 2654, as amended Aug. 24, 1912, c. 355, § 1, 37 Stat. 434; 19 U.S.C. 58 (sec. 1201 of this act), which prescribes fees which are demandable.

"(21) Act July 5, 1884, c. 221, § 1, 23 Stat. 118; June 30, 1932, c. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, c. 463, § 1, 49 Stat. 1380; 1946 Reorganiza tion Plan No. 3, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097, § 104 (46 U.S.C. 1). That there shall be in the Department of Commerce of the United States a Bureau of Marine Inspection and Navigation under the immediate charge of a Director."

As originally enacted, this section read: "That there shall be in the Department of the Treasury of the United States a Bureau of Navigation under the immediate charge of a Commissioner of Navigation." By act June 30, 1932, it was consolidated with the Steamboat Inspection Service to form a new bureau to be known as the Bureau of Navigation and Steamboat Inspection, which name was changed to Bureau of Marine Inspection and Navigation by Act May 27, 1936. The "Director" of the Bureau of Marine Inspection and Navigation was the designation given to the chief of such bureau by the Secretary of Commerce under act June 30, 1932, c. 314, § 502(b), 47 Stat. 415. The Bureau and the office of its Director were abolished by 1946 Reorganization Plan No. 3, § 104. §§ 101-103 of 1946 Reorganization Plan No. 3 transferred the functions of the BMIN to the Commissioner of Customs and the Commandant of the Coast Guard, and 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, vested those functions in the Secretary of the Treasury. This section, therefore, has been superseded by 1946 Reorganization Plan No. 3 and 1950 Reorganization Plan No. 26.

"(22) Act July 5, 1884, c. 221, § 6, 23 Stat. 119; Feb. 14, 1903, c. 552, §§ 4, 10, 32 Stat. 826, 829; Mar. 4, 1913, c. 141, § 1, 37 Stat. 736; June 30, 1932, c. 314, § 501, 47 Stat. 415; May 27, 1936, c. 463, § 1, 49, Stat. 1380; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097 (46 U.S.C. 5).

As originally enacted, this section read:

"That the Commissioner of Navigation shall be appointed by the President of the United States, by and with the advice and consent of the Senate, and shall receive a salary of four thousand dollars per annum. And the Secretary of the Treasury shall have power to transfer from existing Bureaus or divisions of the Treasury one clerk, to be designated as deputy commissioner of navigation, to act with the full powers of said Commissioner during his temporary absence from

his official duty for any cause, and such additional clerks as he may consider necessary to the successful operation of the Bureau of Navigation, without impairing the efficiency of the Bureaus or divisions whence such clerks may be transferred.' As a result of mesne changes, the first sentence, at the time its provisions were superseded by 1946 Reorganization Plan No. 3, read: “The Director of the Bureau of Marine Inspection and Navigation shall be appointed by the Secretary of Commerce."

The second sentence is repealed as executed.

"(23) Act Mar. 2, 1895, c. 173, § 2, 28 Stat. 743 (46 U.S.C. 78). SEC. 2. That this Act shall not be construed to require the remeasurement of any American vessel duly measured before April first, eighteen hundred and ninety-five: but upon application by the owner of any such vessel, collectors of customs shall cause such vessel, or the spaces to be deducted, to be measured according to the provisions of this Act, and if a new register is not issued the statement of such remeasurement shall be attached by an appendix to the outstanding register or enrollment with a certificate of the collector of customs that the original estimate of tonnage is amended pursuant to this Act."

The first clause of this section may be regarded as executed. The remainder is obsolete by reason of desuetude; see the note to section 404 of this act.

"(24) Act Mar. 2, 1895, c. 173, § 4, 28 Stat. 743; Feb. 14, 1903, c. 552 § 10, 32 Stat. 829; Mar. 4, 1913, c. 141, § 1, 37 Stat. 736; June 30, 1932, c. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, c. 463, § 1, 49 Stat. 1380; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097 (46 U.S.C. 79)."

As originally enacted, this section read:

SEC. 4. Under the direction of the Secretary of the Treasury the Commissioner of Navigation shall make regulations needful to give effect to the provisions of this Act."

As this section appears in the United States Code in 46 U.S.C. 79, it reads: "The Commissioner of Customs shall make regulations needful to give effect to the provisions of sections 77 and 78 of this title" (act Mar. 2, 1895, c. 173, §§ 1, 2, 28 Stat. 743). At the time of 1946 Reorganization Plan No. 3, it read: "Under the direction of the Secretary of Commerce the Director, Bureau of Marine Inspection and Navigation shall make regulations needful to give effect ***" The authority was transferred to the Commissioner of Customs by 1946 Reorganization Plan No. 3 and vested in the Secretary of the Treasury by 1950 Reorganization Plan No. 26.

The need for this section is obviated by subsection (a) of section 103 of this act, which authorizes the Secretary of the Treasury to make regulations as necessary to carry out the provisions of this act.

(25) Act Feb. 17, 1898, c. 26, § 1, 30 Stat. 248 (46 U.S.C. 290). That no merchandise shall be transported by water under penalty of forfeiture thereof from one port of the United States to another port of the United States, either directly or via a foreign port, or for any part of the voyage, in any other vessel than a vessel of the United States. But this section shall not be construed to prohibit the sailing of any foreign vessel from one to another port of the United States: Provided, that no merchandise other than that imported in such vessel from some foreign port which shall not have been unladen shall be carried from one port or place in the United States to another."

This section is superseded by act June 5, 1920, c. 250, § 27, 41 Stat. 998, as amended; 46 U.S.C. 883 (sec. 506 of this act).

"(26) Act Feb. 17, 1898, c. 26, § 3, 30 Stat. 248 (46 U.S.C. 291). SEC. 3. Whenever merchandise is imported into the United States by sea for immediate exportation to a foreign port by sea, or by a river, the right to ascend or descend which for the purpose of commerce is secured by treaty to the citizens of the United States and the subjects of a foreign power, the Secretary of the Treasury is hereby authorized to prescribe regulations for the transshipment and transportation of such merchandise.

This section is obsolete. Its purpose was explained in a letter from the Secretary of the Treasury to the Senate Committee on Commerce dated February 9, 1898 (Congressional Record, Feb. 15, 1898, pp. 1729-1731) thus:

***New and peculiar conditions created by the discovery of gold on the Yukon River, render desirable the enactment of the inclosed bill:

"First. In order to strengthen and render more explicit the laws declaring our general policy that the coasting trade (including trade between the rest of the United States and Alaska) shall be reserved exclusively to American vessels.

"Second. In order to cover more explicitly this situation, seagoing vessels can proceed to St. Michael, near the mouth of the Yukon. The Yukon is very shallow, in some places only 4 feet deep. Transfers of cargo and passengers from deep-draft seagoing vessels to river vessels drawing little water are therefore necessary at St. Michael. Substantially the same is true of the Stikine River, and Wrangel, near its mouth.

"Section 3 is designed to give the Secretary of the Treasury full powers to regulate the transfer of cargoes and passengers from deep-sea vessels to shallow river vessels, bound up the Yukon and Stikine. The conditions under which such transfers will occur cannot now be fully foreseen, so the bestowal of discretionary power in the Secretary of the Treasury seems the only way to meet the situation. After one season's experience it will probably be possible, if desirable, to offer for consideration more precise legislation.'

This section must be read together with R.S. § 4348, as amended (repealed without reenactment as obsolete by par. (8) of this subsection), and R.S. §§ 43494356, 4357, 4359, 4360, as amended, and act July 12, 1876, c. 185, 19 Stat. 90 (formerly 46 U.S.C. 294-305), establishing great districts and requirements concerning manifests and permits in the case of vessels licensed for carrying on the coasting trade and trading between different districts, repealed by act June 8, 1940, c. 284, 54 Stat. 254.

Section 6.2(a) of the Regulations of the Bureau of Marine Inspection and Navigation in force June 1, 1938 (46 CFR, 1939 ed., § 6.2(a)), enumerated the great districts in pursuance of R.S. § 4348, and in section 6.2(b) stated: "The navigation of the Yukon, Stikine, and Porcupine Rivers is governed by special regulations." The special regulations referred to, issued in pursuance of this section, were enumerated in a footnote to section 6.2, which subsequently was amended by BMIN Order 33, June 26, 1940, 5 F.R. 2410 (46 CFR, 1940 Supp., pt. 6, footnote to § 6.2). There are no special regulations in the currently effective Customs Regulations in respect to this subject matter.

In any event, because section 103 of this act and section 624 of the Tariff Act of 1930 (19 U.S.C. 1624) authorize the Secretary of the Treasury to make regulations necessary to the enforcement, respectively, of the navigation laws and the customs laws, no statutory authorization to make regulations governing a specific situation is necessary.

'(27) Act Apr. 24, 1906, c. 1865, §3, 34 Stat. 136 (46 U.S.C. 261). SEC. 3. That this Act [An Act to simplify the issue of enrollments and licenses of vessels of the United States] shall not be construed to amend any law now in force concerning the compensation of officers of the customs for services connected with the enrollment and licensing of vessels."

This section is obsolete. The compensation of officers of the customs is no longer dependent on fees (par. 4 of the "Message from the President of the United States, Transmitting Plan of Reorganization of the Customs Service and Detailed Estimate of Expenses of the Same, to the Senate and House of Representatives" dated March 3, 1913, under authority of act Aug. 24, 1912, c. 355, §1, 37 Stat. 434, 19 U.S.C. 1).

This section is also inconsistent with act June 19, 1886, c. 421, §1, 24 Stat. 79, as amended; 46 U.S.C. 331 (sec. 1206 of this act), which provides that no fees shall be charged or collected by collectors or other officers of customs for issuing of license or granting certificate of enrollment, including all endorsements on the same, and oath.

"(28) Act Apr. 29, 1908, c. 152, §2, 35 Stat. 70 (46 U.S.C. 127).' SEC. 2. That on and after the passage of this Act the same tonnage taxes shall be levied, collected, and paid upon all foreign vessels coming into the United States from the Philippine Islands which are required by law to be levied, collected, and paid by the vessels coming into the United States from foreign countries."

This section is obsolete by reason of the independence of the Philippine Islands under Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352 (note to 22 U.S.C. 1394).

"(29) Act July 1, 1916, c. 209 (part), 39 Stat. 286 (46 U.S.C. 130). Vessels owned by citizens of the Philippine Islands and documented as such by the government of said islands shall hereafter be exempt in ports of the United States from payment of tonnage taxes and light dues; and the Secretary of the Treasury is hereby authorized, upon certification by the Commissioner of Navigation, to refund, out of any money in the Treasury not otherwise appropriated, tonnage taxes and light dues imposed upon vessels owned and documented as aforesaid

entering ports of the United States since August first, nineteen hundred and fourteen: Provided, That nothing contained herein shall be construed as exempting said vessels from any taxes or dues imposed by the government of the Philippine Islands."

This section is obsolete by reason of the independence of the Philippine Islands under Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352 (note to 22 U.S.C. 1394).

"(30) Act June 5, 1920, § 30, subsection A, 41 Stat. 1000 (46 U.S.C. 984). This chapter may be cited as the 'Ship Mortgage Act, 1920.'

This section is no longer needed because a number of sections of the Ship Mortgage Act, 1920, are to be found in chapter 3 of this act, and others are found in the codification of the shipping laws administered by the Secretary of Commerce prepared by Pike & Fischer, Inc., in the draft "Merchant Marine Act of 1966" (S. 3446, 89th Cong., 2d sess.).

"(31) Act June 5, 1920, § 30, subsection W, 41 Stat. 1006; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097 (46 U.S.C. 983)."

As enacted, this section read: "The Secretary of Commerce is authorized to make such regulations in respect to the recording and endorsing of mortgages covering vessels of the United States, as he deems necessary to the efficient execution of the provisions of this section." As this section appears in the United States Code in 46 U.S.C. 983, "Commissioner of Customs" was substituted for "Secretary of Commerce" under authority of 1946 Reorganization Plan No. 3. The authority to make regulations, however, became vested in the Secretary of the Treasury by 1950 Reorganization Plan No. 26.

(32) Act Feb. 16, 1925, c. 235, § 5, 43 Stat. 948 (46 U.S.C. 1014). SEC. 5. All such provisions of the Navigation Laws of the United States and of the Ship Mortgage Act, 1920, otherwise known as section 30 of the Merchant Marine Act, 1920, as are in conflict with this Act are hereby amended to conform herewith." The section is executed because the provisions referred to have been amended as directed in the preparation of this act.

"(33) Act July 3, 1926, c. 757, § 1, 44 Stat. 832 (46 U.S.C. 293a). That there is hereby created, in addition to the five great districts provided by section 4348 of the Revised Statutes as amended by the Act of May 12, 1906, a sixth great district to include all the collection districts on the Great Lakes, their connecting and tributary waters, as far east as the Raquette River, New York."

This section is obsolete for the reasons stated in that portion of this note following paragraph (8) of this subsection.

"(34) Act July 3, 1926, c. 757, § 2, 44 Stat. 832 (46 U.S.C. 293b). Enrolled and licensed vessels operating in the great district herein created shall be subject to all of the requirements of licensed and enrolled and licensed vessels imposed by sections 4349, 4350, 4351, and 4352 of the Revised Statutes and amendments and laws supplementary thereto: Provided, That nothing herein shall affect the rights and privileges reserved to seamen under existing law."

This section is obsolete for the reasons stated in that portion of this note following paragraph (8) of this subsection.

"(35) Act Aug. 5, 1935, c. 438, § 403, 49 Stat. 529 (19 U.S.C. 1711). This Act may be cited as the 'Anti-Smuggling Act.'"'

This section is no longer needed as the provisions of the Anti-Smuggling Act have been incorporated into this act.

"(36) Public Law 89-219, Sept. 29, 1965, § 12, 79 Stat. 892 (46 U.S.C. 83h). The Secretary shall make such regulations as may be necessary to carry out the provisions of this Act."

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Draft of Proposed Navigation Act of 1967: Prepared for the ..., 22-25. izdevums