The designation of Dunkirk, N. Y., as a customs port of entry in District 9, was revoked by Executive Order 9504, Nov. 27, 1944, effective at the close of business Dec. 31, 1944. For the full text of E.O. 9433 and 9504, see Title 3, supra.

§ 1.21 Delegation of powers to Commissioner of Customs. (a) There are hereby conferred and imposed upon the Commissioner of Customs, subject to the general supervision and direction of the Secretary of the Treasury, all the rights, privileges, powers, and duties in respect of the importation or entry of merchandise into, or the exportation of merchandise from, the United States, vested in or imposed upon the Secretary of the Treasury by the Tariff Act of 1930, as amended, subject to the following exceptions and conditions:

(1) Whenever in the opinion of the Commissioner of Customs any question pending for decision is of exceptional importance, he shall submit the question to the Secretary of the Treasury, and the decision thereon shall be made by the Secretary of the Treasury and not by the Commissioner of Customs.

(2) All regulations shall be prescribed by the Commissioner of Customs, with the approval of the Secretary of the Treasury, except that regulations and instructions, not inconsistent with the general rules and regulations of the Treasury Department, which are effective only against persons in their capacity as officers, agents, or employees of the Customs Service, and which do not prescribe procedure which the public should know or follow in dealing with the Customs Service, may be prescribed by the Commissioner of Customs without the approval of the Secretary of the Treasury.

(3) Requirements of regulations which may be waived in accordance with law may be waived by the Commissioner of Customs, but if any new question or unusual circumstance is involved the waiver must be approved by the Secretary of the Treasury.

(4) The ascertainment, determination, or estimation, and declaration of bounties or grants under section 303, Tariff Act of 1930, shall be made by the Commissioner of Customs, with the approval of the Secretary of the Treasury.

(5) Any order under section 511, Tariff Act of 1930, prohibiting the importation of merchandise or instructing a collector to withhold delivery of merchandise

shall be made by the Commissioner of Customs, with the approval of the Secretary of the Treasury.

(6) No claim, fine, or penalty in excess of $5,000 shall be compromised, remitted, or mitigated without the approval of the Secretary of the Treasury.

(7) Any authority which may be vested in the Secretary of the Treasury by proclamation of the President made pursuant to section 318, Tariff Act of 1930, shall be exercised by the Secretary of the Treasury and not by the Commissioner of Customs.

(8) Awards of compensation to informers under section 619, Tariff Act of 1930, shall be made by the Commissioner of Customs, with the approval of the Assistant Secretary of the Treasury.

(9) Fines and penalties not exceeding $600 in the aggregate in any one case may be remitted or mitigated by the Deputy Commissioner of Customs designated for the purpose by the Secretary of the Treasury.

(10) Fines or other pecuniary penalties not exceeding $10 in respect of any one offense may be remitted or mitigated by the collector of customs concerned on such terms and conditions as, under the law and in view of the circumstances, he shall deem appropriate, and the right and power so to do is hereby conferred upon the several collectors and their successors in office.

(11) Any forfeiture not involving merchandise subject to duty in excess of $50 (or valued at not more than $200 if not subject to duty) may be remitted or mitigated by the collector of customs concerned on such terms and conditions as, under the law and in view of the circumstances, he shall deem appropriate, and the right and power so to do is hereby conferred upon the several collectors and their successors in office.

(b) There is hereby conferred and imposed upon the Commissioner of Customs, subject to the general supervision and direction of the Secretary of the Treasury, the authority vested in the Secretary of the Treasury by section 32 of the act of Congress entitled "An Act to amend and consolidate the Acts respecting copyright," approved March 4, 1909 (17 U.S.C. 32), to permit the exportation of books imported in violation of the provisions of that act and subject to forfeiture under its terms.

(c) The Secretary of the Treasury will from time to time designate officers

of the Bureau of Customs in Washington to act as Commissioner, Assistant Commissioner, or Deputy Commissioner of that Bureau during the absence or disability of any such officer or when there is a vacancy in the office of any such officer.

(d) This section shall be effective on and from the date of its approval.

(e) This section supersedes the orders of the Secretary of the Treasury published in T.D. 49047 and T.D. 49818 and any instructions and regulations in conflict herewith.

(f) The right to amend or supplement this section, or any part thereof, from time to time, or to revoke this section or any provision thereof, at any time, is expressly reserved. (Secs. 1, 2, 3, 44 Stat. 1381, 1382, sec. 8, 46 Stat. 430, 46 Stat. 1009, secs. 643, 650, 46 Stat. 761, 762, sec. 1a, E.O. 6639; 5 U.S.C. 281, 281a, 281b, 19 U.S.C. 1643) [T.D. 50192, July 12, 1940, 5 F.R. 2573]

Sec.

PART 2-MEASUREMENT OF VESSELS

2.40 Superstructures. [Amended]
2.46 Open shelter deck space. [Note]

§ 2.40 Superstructures.

(d) Round-end erections. If the after end of an ordinary poop or a house is in the form of a continuous arc of a curve, its breadth at the extreme after end of its length shall be one-half of the preceding breadth. If the after end of such a poop or house is in the form of an arc of a curve which is broken at its extreme after end by a decided flat, its breadth at the extreme after end of its length shall be two-thirds of the preceding breadth. See figures 32 and 33.

(e) Round-end erections. If the forward end of a house is in the form of a continuous arc of a curve, its breadth at the extreme forward end of its length shall be one-half of the succeeding breadth. If the forward end of such a house is in the form of an arc of a curve which is broken at its extreme forward end by a decided flat, its breadth at the extreme forward end of its length shall be two-thirds of the succeeding breadth. [Paragraphs (d) and (e) amended by T.D. 51073, June 5, 1944, 9 F.R. 6251]

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§2.46 Open shelter deck space.

NOTE: T.D. 51002, Acting Secretary of the Treasury, Feb. 8, 1944, 9 F.R. 1611, waived compliance with the provisions of so much of R.S. 4153, as amended (46 U.S.C. 77), as requires the tonnage of a shelter-deck space which is under cover and permanently closed in to be added to the gross tonnage, to the extent necessary to permit the tonnage of that space to be omitted from the gross tonnage of any shelter-deck vessel which is constructed by or for the account of the United States Maritime Commission and which is used as a troop transport, so long as it is so used and no longer: Provided, That,

(a) At the time of construction of the vessel the space above referred to was open to the weather and not permanently closed in;

(b) At the time of construction or thereafter the space above referred to is closed in by omitting the coaming of the middle line tonnage opening and by enclosing that opening in a superstructure which is closed in and not open to the weather;

(c) After construction the space above referred to is further closed in by making the weather-tight hatch in the shelter-deck water-tight and by closing the tonnage openings in the transverse bulkheads between the freeboard and shelter decks, making those bulkheads water-tight; and

(d) The load line of the vessel is not raised as a result of the closing in of the space above referred to.

T.D. 51086, Acting Secretary of the Treasury, June 28, 1944, 9 F.R. 7369, further waived compliance with the provisions of so much of R.S. 4153, as amended (46 U.S.C. 77), as requires the tonnage of a shelter-deck space which is under cover and permanently closed in to be added to the gross tonnage, to the extent necessary to permit the tonnage of that space to be omitted from the gross tonnage of any shelter-deck vessel to which the order of the Acting Secretary of Commerce, dated February 28, 1942 (7 F.R. 1696), and confirmed and continued by the order of the Acting Secretary of the Treasury, dated April 1, 1942 (7 F.R. 2600), or to which the order of the Acting Secretary of the Treasury, dated February 8, 1944 (9 F.R. 1611), applies, and which has been permanently enclosed in accordance with the provisions of such order even though, at the time of construction or thereafter, such space is further closed in by the construction therein of a water-tight compartment for the stowage of ammunition, whether such compartment is in the tonnage well or elsewhere.

REGISTRATION OF PRIVATE CODE SIGNALS, HOUSE FLAGS, AND FUNNEL MARKS [ADDED] 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.

§3.13 Official number and signal letters. (a) Every documented vessel shall have an official number awarded by the Commissioner of Customs. Application therefor shall be made on customs Form 1320 by the owner or his agent through the collector of customs. When the application is filed with the collector at the port designated as the home port of the vessel, the application shall be in duplicate. When the application is filed with the collector at any port other than the home port of the vessel, the application shall be in triplicate. The name or names of any former owner or owners shall be stated on the application. If there was no former owner, that fact shall be stated. In the case of corporate ownership, the application shall be signed in the corporate name by the president, secretary, or a specially authorized officer of the corporation, or by an authorized agent. In the case of a partnership, the partnership name shall be signed by one of the partners, or by a duly authorized agent. In the case of individual ownership by two or more persons, one of the owners may sign in his

8 "The Secretary of Commerce [Commissioner of Customs] shall have power, under such regulations as he shall prescribe, to establish and provide a system of numbering vessels so registered, enrolled and licensed; and each vessel so numbered shall have her number deeply carved or otherwise permanently marked on her main beam; and if at any time she shall cease to be so marked, such vessel shall be liable to a fine of $30 on every arrival in a port of the United States if she have not her proper official number legally carved or permanently marked." (46 U.S.C. 45; E.O. 9083, 3 CFR Cum. Supp.)

own name as managing owner, provided there is filed with the collector a written authorization for him to act in that capacity signed by the owners of a majority interest in the vessel. In every case the capacity in which the person signs, whether as owner, managing owner, agent, etc., shall be clearly stated below his signature. If a signature is by mark, it shall be witnessed by two persons, or acknowledged. Any acknowledgment valid under the law of the state where made may be accepted. No customs officer or employee is authorized by section 486, Tariff Act of 1930, to take such acknowledgments. [Paragraph (a) amended by T.D. 51049, May 1, 1944, 9 F.R. 4678]

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CODIFICATION: Paragraph (b) of §3.13 was revoked, and paragraphs (c), (d), and (e) were redesignated (b), (c), and (d) respectively, by Treasury Decision 51049, May 1, 1944, 9 F.R. 4678.

§ 3.22 Issue and record of marine documents.

(d) No document shall be issued to any vessel prior to the receipt by the collector of the approval of the designation of the home port by or on behalf of the owner in whose name the document is to be issued. [Paragraph (d) added by T.D. 51049, May 1, 1944, 9 F.R. 4678]

§3.24 Change of master.

(e) If two or more vessels are owned by or under the complete control and management of the same person, association, corporation, etc., and are navigated within the limits of the harbor of any town or city, the name of the owner, if an individual, or of some responsible person acting for the owner, may be endorsed as master on the licenses of all such vessels although the person whose name is so endorsed may not be actually employed on any of the vessels. [First sentence amended by T.D. 51061, May 22, 1944, 9 F.R. 5638]

§ 3.26 Surrender of permanent documents. (a) The marine document shall be surrendered when a vessel is sold or transferred in whole or in part; when the owner of the whole or any part of a vessel dies; when a vessel has been lost, abandoned, dismantled, or taken by an enemy, or otherwise prevented from returning to the United States; when a vessel is burned or broken up; when a vessel is altered in form by being lengthened, shortened, or built upon, or is changed

from one denomination to another by a change in the method of rigging or fitting; when the tonnage of a vessel is changed for any reason; when a vessel is altered so that it is no longer of the description set forth in its document; when a vessel changes from one employment to another; when a vessel is placed under foreign registry or flag; when a vessel changes her name; when the home port of a vessel is changed; when a president or secretary whose name appears on the document of a vessel owned by a corporation dies, is removed, or resigns; and when a trustee is appointed upon bankruptcy of the owner of the whole or any part of a vessel. The approval of the United States Maritime Commission of the surrender of the document of a vessel covered by a preferred mortgage shall be obtained, except as specified in note 19, § 3.30 (a).

(d) A document need not be surrendered because of the appointment of a guardian or committee for the owner of the whole or any part of the vessel, nor because of the appointment of a receiver, either in bankruptcy or in equity, of the assets of the owner of the whole or any part of the vessel. [Paragraph (a) amended and paragraph (d) added, by T.D. 51049, May 1, 1944, 9 F.R. 4678]

$3.30 Exchange of documents.

NOTE: Footnote 19 to § 3.30 was amended by Treasury Decision 51041, Apr. 13, 1944, 9 F.R. 4075, as follows:

The requirement of subsection O (a) of the Ship Mortgage Act, 1920 (46 U.S.C. 961 (a), that the document of a vessel covered by a preferred mortgage may not be surrendered without the approval of the United States Martime Commission and the mortgagee, does not apply to a renewal of license or change of document incident to change of trade where the ownership and home port remain the same, nor to a change to a permanent document on arrival of a vessel at its home port under a temporary document.

§ 3.32 Sale or transfer of vessel. (a) Except as stated in § 3.35, when a documented vessel is sold or transferred in whole or in part to a citizen," such vessel

shall not be deemed a vessel of the United States until documented anew.

(b) In the case of the sale, gift, or conveyance (including conveyance in trust) of the whole or any part of such vessel, a written instrument in the nature of a bill of sale, which may be on customs Form 1340, 1342, 1344, 1346, or 1356, and which shall recite in full the marine document last granted to the vessel before the execution of the instrument, shall be filed with the collector of customs before a new document is granted.

(c) In case of the death of the owner of the whole or any part of such a vessel, if there is an administration of his estate, except as provided for in paragraph (e) of this section an authenticated copy of the certificate of death of the owner and of the letters of appointment of the personal representative of the deceased owner shall be filed with the collector of customs before a new document is granted to that personal representative or to his successors in interest. In such a case, an authenticated copy of the certificate of death of the owner (unless previously filed by the personal representative of the deceased owner) and of the decree of distribution shall be filed with the collector of customs before a new document is granted to the beneficiary under a will, to the person succeeding to the interest of the deceased owner in case of intestacy, or to successors in interest of either of them. The filing of the will of a deceased owner shall not be required.

(d) In case of the death intestate of the owner of the whole or any part of such a vessel, if there is no administration of his estate the collector shall forward to the Bureau a statement of all the facts and circumstances and, except as provided for in paragraph (e) of this section, an authenticated copy of the certificate of death of the owner, together with any documentary evidence in support of the claim of title presented to him, before a new document is granted to the next of kin of the deceased owner or to his successors in interest.

(e) If it is impossible to obtain an authenticated copy of the certificate of death of the deceased owner of the whole or any part of such a vessel for filing with the collector as required by paragraphs (c) or (d) of this section, other evidence of death of such deceased owner

shall be filed with the collector in lieu thereof.

(f) In case of the sale or conveyance of the whole or any part of such a vessel by a guardian or committee of the owner thereof, an authenticated copy of the letters of guardianship and of the court order, if any, authorizing the transfer of title shall be filed with the collector of customs before a new document is granted.

(g) In case of the appointment of a trustee in bankruptcy of the assets of the owner of the whole or any part of such a vessel, an authenticated copy of the order of the referee or court appointing him as such shall be filed with the collector of customs before a new document is granted.

(h) The certificates, letters, decrees, orders, and other evidence of title referred to in paragraphs (c), (d), (e), (f), and (g) of this section shall not be required to recite a marine document of the vessel concerned. (R.S. 161, sec. 2, 23 Stat. 118, R.S. 4170, as amended, R.S. 4312, sec. 9, 39 Stat. 730, as amended; 5 U.S.C. 22, 46 U.S.C. 2, 39, 252, 808. E.O. 9083, 3 CFR Cum. Supp.) [T.D. 51049, May 1, 1944, 9 F.R. 4678]

§ 3.33 Recording of bills of sale and mortgages.

(b) No such instrument shall be accepted for recording prior to the receipt by the collector of the approval of the designation of the home port; nor unless the vessel affected is documented as a vessel of the United States or will be so documented substantially simultaneously with the recording of the instrument. If there has been more than one change in ownership of any interest in a vessel and the vessel has not been documented by the intermediate owners, all unrecorded bills of sale which are executed in the form and manner prescribed by this section may be recorded upon documentation of the vessel. No mortgage shall be accepted for recording unless the vessel which it covers was documented as a vessel of the United States at the time the mortgage was made. Any mortgage presented for recording may be on customs Form 1348.

(c) No such instrument shall be valid against any person other than the vendor, mortgagor, pledgor, grantor, the heirs or devisees of any of the foregoing, or a person having actual notice thereof, unless the instrument has been recorded

in the office of the collector of customs at the home port of the vessel. If the instrument covers more than one vessel, it shall be recorded at the home port of each vessel and indexed under the name of each vessel whose home port is the port of recordation. The collector shall record all such instruments and certificates of discharge of mortgages in the order of their receipt in books to be kept for that purpose and indexed on customs Form 1360 or 1364 to show (1) the name of the vessel, (2) the names of the parties to the instrument, (3) the date and time of day the instrument was received, (4) the interest transferred, mortgaged, or discharged, (5) the book in which the instrument is recorded, (6) the number assigned to the instrument, and (7) in the case of a mortgage or certificate of discharge of mortgage, the amount and date of maturity of the mortgage.

(e) No certificate of death of the owner of any interest in a vessel, letters of appointment of the personal representative of a deceased owner, decree of distribution of the estate of a deceased owner, will of a deceased owner, letters of guardianship appointing a guardian or committee of an owner, order of a referee or court appointing a trustee in bankruptcy of the assets of an owner, nor court order authorizing the transfer of title of any interest in a vessel shall be recorded unless incorporated in a bill of sale, mortgage, hypothecation, or conveyance of an interest in a vessel of the United States.

(f) No bill of sale, conveyance, mortgage, release from mortgage, satisfaction or discharge of mortgage, assignment of mortgage, or certificate of discharge of lien shall be recorded unless previously acknowledged. Any acknowledgment valid under the laws of the state where made may be accepted. No customs officer or employee is authorized by section 486, Tariff Act of 1930, to take such acknowledgments. [Paragraphs (b), (c), (e) and (f) amended by T.D. 51049, May 1, 1944, 9 F.R. 46791

§ 3.38 Record and endorsement of preferred mortgages and related instruments.

(h) Each notice of claim of lien and certificate of discharge of lien presented to a collector shall be recorded in a book to be kept for that purpose and indexed on customs Form 1364. [Paragraph (h)