The Code of Federal Regulations of the United States of America Having ...

amended by T.D. 51049, May 1, 1944, 9 F.R. 4679]

§ 3.51 Change of name of documented vessel.

NOTE: Treasury Decision 51025, Acting Secretary of the Treasury, Mar. 20, 1944, 9 F.R. 3065, waived compliance with the provisions of R.S. 4179 (46.U.S.C. 50) and sections 1, 2, and 3 of the act of February 19, 1920 (46 U.S.C. 51-53), as modified by Executive Order No. 9083 (3 CFR Cum. Supp.), to the extent necessary to permit the name of any vessel of the United States which is owned by or under bareboat charter to the War Shipping Administration and which has been delivered by that Administration on a bareboat basis to the War Department or to the Navy Department to be changed by such Department without the prior approval of the Commissioner of Customs, without advertising such change of name in some daily or weekly paper at the place of documentation, without payment of any fee for the privilege of securing such change of name, and without surrendering the outstanding registry, enrollment and license, or license of such vessel; Provided, That, any change of name of a vessel of the United States which is so effected shall remain in force so long as that vessel is owned by or under bareboat charter to the War Shipping Administration and is in the possession of the War Department or of the Navy Department on a bareboat basis, and no longer.

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. (a) Application for the registration of private code signals by rockets, lights, or other similar means shall be submitted in duplicate through the office of a collector of customs to the Commissioner of Customs by the owner of the vessel or vessels by which they are to be used. The application shall describe in detail the signals which it is desired to use and shall state the purpose for which they will be used.

(b) Application for the registration of a house flag or funnel mark, or both, shall be submitted in duplicate through the office of a collector of customs to the Commissioner of Customs by the owner of the vessel or vessels on which they are to be used. The application for reg

istration of a house flag shall describe such flag in detail, giving the colors, shape, and proportionate dimensions of the fly, field, union, or canton, and any insignia, markings, or stripes thereon in relation to the length of the hoist. Funnel marks shall be described in detail giving the colors to be used, the position of any insignia, markings, or stripes with relation to the top or collar of the funnel, the size of such insignia, ⚫markings, or stripes in relation to the diameter of the funnel, and the color of the remainder of the funnel. In addition there shall be submitted three replica drawings of the house flag or funnel, or both, drawn to scale, in the colors to be used, in ink, watercolor, oil pigments, or other permanent colors, and not exceeding 6 by 4 inches in size. (R S. 161, secs. 2, 3, 23 Stat. 118, 119, sec. 7, 35 Stat. 426; 5 U.S.C. 22, 46 U.S.C. 2, 3, 49. E.O. 9083; 3 CFR Cum. Supp.) [T.D. 51049, May 1, 1944, 9 F.R. 4679]

§ 3.81 Registration of rockets, lights, or other similar signals, house flags, or funnel marks. (a) Except as stated in paragraph (b) of this section, upon the filing of an application duly executed in accordance with $ 3.80, the Commissioner of Customs will register private code signals by rockets, lights, or other similar means, house flags, and funnel marks, and will cause a description of such signals, flags, or funnel marks to be filed with the Division of the Federal Register, together with one replica drawing of the house flag or funnel mark, or both.

(b) The Commissioner will refuse to register any signals which in his opinion cannot easily be distinguished from signals of distress, signals for pilots, or signals prescribed by laws for preventing collisions. The Commissioner will also refuse to register any signal, flag, or funnel mark which is identical or nearly identical with one previously registered.

(c) Applicants will be notified of the action of the Commissioner through the office of the collector transmitting the application. (R.S. 161, secs. 2, 3, 23 Stat. 118, 119, sec. 7, 35 Stat. 426; 5 U.S.C. 22, 46 U.S.C. 2, 3, 49. E.O. 9083; 3 CFR, Cum. Supp.) [T.D. 51049, May 1, 1944, 9 F.R. 46791

2 "It shall not be lawful for the master of any such steamship or other vessel,* not in distress, after the arrival of the vessel within any collection district of the United States, to allow any person or persons, except a pilot, officer of the customs, or health officer, agents of the vessel, and consuls, to come on board of the vessel, or to leave the vessel, until the vessel has been taken in charge by an officer of the customs, nor, after charge® so taken, without leave of such officer, until all the passengers, with their baggage, have been duly landed from the vessel.

(46 U.S.C. 158)

"The Secretary of Commerce [Commissioner of Customs] is authorized and directed to prescribe from time to time and enforce regulations governing the boarding of vessels arriving at the seaports of the United States, before such vessels have been properly inspected and placed in security, and for that purpose to employ any of the officers of that department. Each person violating such regulations shall be subject to a penalty of not more than $100 or imprisonment not to exceed six months, or both, in the discretion of the court. This section shall be construed as supplementary to section 158 and section

of the vessel, or consular officer, shall go on board or, except for the purpose of reporting the arrival of the vessel as required by law, leave any vessel arriving from outside the customs territory of the United States without permission of the collector of customs or the customs officer in charge until such vessel has been properly inspected by the customs and brought to the dock or anchorage at which cargo is to be laden or unladen and until all passengers and their baggage have been landed from the vessel. Every person permitted to go on board shall be subject to customs and quarantine regulations. [Paragraph (c) amended by T.D. 51049, May 1, 1944, 9 F.R. 4679]

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708 of this title." (46 U.S.C. 163. E.O. 9083; 7 F.R. 1609)

"Every person who, not being in the United States service, and not being duly authorized by law for the purpose, goes on board any vessel about to arrive at the place of her destination, before her actual arrival, and before she has been completely moored, without permission of the master, shall, for every such offense, be punishable by a fine of not more than $200, and by imprisonment for not more than six months; (46 U.S.C. 708)

"If, within twenty-four hours after the arrival of any vessel at any port in the United States, any person, then being on board such vessel, solicits any seaman to become a lodger at the house of any person letting lodgings for hire, or takes out of such vessel any effects of any seaman, except under his personal direction, and with the permission of the master, he shall, for every such offense, be punishable by a fine of not more than $50, or by imprisonment for not more than three months. This section shall apply to vessels of the United States engaged in the foreign trade and to foreign vessels." (46 U.S.C. 709) A vessel from a noncontiguous foreign place carrying steerage passengers.

the vessel concerned, without regard to the rate of the payment made at that entry, and shall expire on the day preceding the corresponding date of the following year.37 [Paragraph (b) amended by T.D. 51073, June 5, 1944, 9 F.R. 62511

§ 4.22 Exemptions from special tonnage taxes.

CODIFICATION: § 4.22 was amended by insertion of the word "Ecuador" immediately after "Dominican Republic" and preceding "Egypt" in the list of nations at the end of the section, by Treasury Decision 51166, Dec. 21, 1944, 9 F.R. 14928.

CROSS REFERENCE: For Presidential proclamation suspending tonnage duties with respect to vessels of Ecuador, see Proclamation 2632, Title 3, supra.

§ 4.24 Application for refund of tonnage tax.

(d) The collector of customs to whom payment was made shall make any refund authorized by the Commissioner of Customs. Unless the payment from which refund is authorized has been deposited in special deposit account, an authorized refund shall be made only to the owner of the vessel concerned or to its charterer. If the payment has been deposited in special deposit account, an authorized refund shall be made only to the payor. [Paragraph (d) amended by T.D. 51049, May 1, 1944, 9 F.R. 4679]

PASSENGERS ON VESSELS

$4.50 Passenger lists. (a) The master of every vessel arriving at a port of the United States from foreign territory and required to make entry shall submit for inspection to the customs officer who first makes a demand therefor, and shall subsequently deliver with his inward foreign manifest on entry of the vessel, a correct list in duplicate on customs Form 1440, signed and verified under oath by the master, of all passengers on board, specifying the name of each passenger; the age of each child of 8 years or under; sex; whether married or single; location of compartment or space occupied during the voyage, if the passenger be other than a cabin passenger; whether a citizen of the United

There may be five payments at the maximum (6-cent) and five at the minimum (2-cent) rate during a tonnage year, so that the maximum assessment of tonnage duty may amount to 40 cents per net ton for the tonnage year of a vessel engaged in alternating trade.

FOREIGN CLEARANCES

§ 4.60 Vessels required to clear.

(d) In the event that departure is delayed beyond the second day after clearance, the delay shall be reported within 72 hours after clearance to the collector who shall note the fact of detention on the certificate of clearance and on the official record of clearance. When the proposed voyage is canceled after clearance, the reason therefor shall be reported in writing within 24 hours after such cancelation and the certificate of clearance and related papers shall be surrendered. [Paragraph (d) amended by T.D. 51049, May 1, 1944, 9 F.R. 4680]

NOTE: Order, Commandant, U. S. Coast Guard, Nov. 1, 1944, 9 F.R. 13167, waived compliance with R.S. 4573 and certain other sections to the extent that any vessel which is engaged in business connected with the conduct of the war and the master of which has either shipped his crew before a shipping commissioner or reported their engagement on Coast Guard Form 735-T is re

quired to have a crew list, compiled on Coast Guard Form 710-A or in any other manner, or a copy of the shipping articles certified by a Collector of Customs, on condition that the master of any vessel required to ship his crew before a shipping commissioner shall produce the shipping articles for any consul of the United States who deems their contents necessary to enable him to discharge the duties imposed upon him by law.

§ 4.69 Shipping articles and enforcement of Seamen's Act. No vessel of the United States bound for a foreign port outside the British North American possessions, the West Indies, and Mexico, shall be granted final clearance until there has been presented to the collector at the port of final departure the shipping articles of the vessel executed in duplicate before a shipping commissioner on coast guard Form 705, 705-A, or 705-B, and the collector shall have attached his certificate on coast guard Form 1435 to the duplicate copy of the articles and returned it together with the original to the master; nor shall any vessel, bound for a foreign port, be granted final clearance until the collec

tor is satisfied that there has been full compliance with the pertinent requirements of sections 11 and 13 of the Seamen's Act of March 4, 1915 (46 U. S. C. 599, 672), and the coast guard regulations issued thereunder, relating to allotments of wages, the language test, and the crew. (R.S. 161, sec. 2, 23 Stat. 118; 5 U.S.C. 22, 46 U.S.C. 2. E.O. 9083; 3 CFR, Cum. Supp.) [T.D. 51049, May 1, 1944, 9 F.R. 4680]

COASTWISE PROCEDURE

§ 4.80 Vessels entitled to engage in coastwise trade. (a) No vessel shall transport any passenger or merchandise between points in the United States embraced within the coastwise laws, including points within a harbor, unless it is:

(1) Owned by a citizen, as defined in §3.19 (a) and (b), and is so documented under the laws of the United States as to permit it to engage in the coastwise trade; or

(2) Owned by a citizen, as defined in §3.19 (a) and (b), is exempt from documentation,11o and is entitled to or, except for its tonnage, would be entitled to be enrolled and licensed or licensed for the coastwise trade; or

(3) Owned by a partnership or association in which at least a 75 percent interest is owned by such a citizen, is exempt from documentation, and is entitled to or, except for its tonnage, or citizenship of its owner, or both, would

110 "No merchandise shall be transported by water, or by land and water, on penalty of forfeiture thereof, between points in the United States, including Districts, Territories, and possessions thereof embraced within the coastwise laws, either directly or via a foreign port, or for any part of the transportation, in any other vessel than a vessel built in and documented under the laws of the United States and owned by persons who are citizens of the United States, or vessels to which the privilege of engaging in the coastwise trade is extended by section 13 or 808 of this title: Provided further, That this section shall not apply to merchandise transported between points within the continental United States, excluding Alaska, over through routes heretofore or hereafter recognized by the Interstate Commerce Commission for which routes rate tariffs have been or shall hereafter be filed with said Commission when such routes are in part over Canadian rail lines and their own or other connecting water facilities: Provided further, That this section shall not become effective upon the Yukon River until the Alaska Railroad shall

be entitled to be enrolled and licensed or licensed for the coastwise trade. (See §3.19 (d).) [Paragraph (a) amended by T.D. 51049, May 1, 1944, 9 F.R. 4680]

NOTE: T.D. 51103, Acting Secretary of the Treasury, July 26, 1944, effective midnight Sept. 30, 1944, 9 F.R. 9077, revokes:

(a) The order of the Acting Secretary of the Treasury dated September 21, 1942 (T.D. 50729) waiving compliance with the provisions of section 27 of the Merchant Marine Act, 1920, as amended (46 U.S.C. 883), to the extent necessary to permit the transportation of merchandise between points in Puerto Rico and points in the continental United States on such vessels of foreign registry as may be designated from time to time by the Administrator of the War Shipping Administration and approved by the Commissioner of Customs;

(b) The order of the Acting Secretary of the Treasury, dated February 5, 1943 (T.D. 50811), waiving compliance with the provisions of section 27 of the Merchant Marine Act, 1920, as amended (46 U.S.C. 883), to the extent necessary to permit any foreign vessel of 50 gross tons or over to transport merchandise between points in Puerto Rico and points on the Atlantic or Gulf Coasts of the United States upon certain conditions enumerated therein; and

(c) The order of the Acting Secretary of the Treasury, dated April 6, 1943 (T.D. 50843), waiving compliance with the provisions of section 27 of the Merchant Marine Act, 1920, as amended (46 U.S.C. 883), to the extent necessary to permit any vessel of the United States of 50 gross tons or over which is under limited or restricted registry to transport

be completed and the United States Maritime Commission shall find that proper facilities will be furnished for transportation by persons citizens of the United States for properly handling the traffic: (46 U.S.C. 883)

"If any merchandise is laden at any port or place in the United States upon any vessel belonging wholly or in part to a subject of a foreign country, and is taken thence to a foreign port or place to be reladen and reshipped to any other port in the United States, either by the same or by another vessel, foreign or American, with intent to evade the provisions relating to the transportation of merchandise from one port or place of the United States to another port or place of the United States in a vessel belonging wholly or in part to a subject of any foreign power, the merchandise shall, on its arrival at such lastnamed port or place, be seized and forfeited to the United States, and the vessel shall pay a tonnage duty of 50 cents per net ton." (Tariff Act of 1930, sec. 588; 19 U.S.C. 1588)

(See § 3.5 of this chapter for vessels exempt from documentation.)

merchandise between points in Puerto Rico and points on the Atlantic or Gulf Coasts of the United States upon certain conditions enumerated therein.

TD. 51116, Acting Secretary of the Treasury, Aug. 28, 1944, 9 F.R. 10845, waived compliance with the provisions of section 8 of the Act of June 19, 1886, as amended, and section 27 of the Merchant Marine Act, 1920, as amended (46 U.S.C. 289, 883), to the extent necessary to permit the transportation of passengers or cargo, or both, in the coastwise trade by any foreign vessel while it is allocated to the War Shipping Administration by the Government of any of the United Nations and has on board a "Certificate of Ownership and Operation" issued by the War Shipping Administration certifying that it is so allocated.

§ 6.8 Documents for entry. (b) *

(6) Immigration list in the English language, typewritten or printed in ink, of all aliens employed in any capacity on board the aircraft at the time of arrival, showing full name (family name and given name), age, sex, country of which citizen or subject, country of birth, race (in accordance with instructions on back of information sheets required by this section in the case of passengers), number of airman's certificate, if any, place and date of engagement, position on the aircraft, which of such aliens, if any, are to be discharged in the United States, whether ever ordered deported from the United States, and, if so, whether permission to reapply has been obtained.

(7) Immigration list in the English language, typewritten or printed in ink, of all passengers, showing full name (family name and given name), age, sex, place of embarkation, destination (permanent residence, if any) in the United States, and if a citizen of the United States with United States passport, the date and number thereof, and if no passport the date, state, and city or town in which the citizen was born if a citizen of the United States by birth, or if a citizen by naturalization the date, name of court, and place of naturalization. [Subparagraphs (6) and (7) amended Aug. 26, 1944, 9 F.R. 10447]