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The designation of Dunkirk, N. Y., as a shall be made by the Commissioner of customs port of entry in District 9, was re

Customs, with the approval of the Secrevoked by Executive Order 9504, Nov. 27, 1944,

tary of the Treasury. effective at the close of business Dec. 31, 1944.

For the full text of E.O. 9433 and 9504, (6) No claim, fine, or penalty in exsee Title 3, supra.

cess of $5,000 shall be compromised,

remitted, or mitigated without the ap$ 1.21 Delegation of powers to Com

proval of the Secretary of the Treasury. missioner of Customs. (a) There are hereby conferred and imposed upon the

(7) Any authority which may be vestCommissioner of Customs, subject to the

ed in the Secretary of the Treasury by general supervision and direction of the

proclamation of the President made

pursuant to section 318, Tariff Act of Secretary of the Treasury, all the rights, privileges, powers, and duties in respect

1930, shall be exercised by the Secretary

of the Treasury and not by the Commisof the importation or entry of merchan

sioner of Customs.
dise into, or the exportation of merchan-
dise from, the United States, vested in

(8) Awards of compensation to inor imposed upon the Secretary of the

formers under section 619, Tariff Act of Treasury by the Tariff Act of 1930, as

1930, shall be made by the Commissioner amended, bject to the following ex

of Customs, with the approval of the

Assistant Secretary of the Treasury. ceptions and conditions: (1) Whenever in the opinion of the

(9) Fines and penalties not exceedCommissioner of Customs any question

ing $600 in the aggregate in any one pending for decision is of exceptional

case may be remitted or mitigated by importance, he shall submit the ques

the Deputy Commissioner of Customs tion to the Secretary of the Treasury,

designated for the purpose by the Secreand the decision thereon shall be made

tary of the Treasury. by the Secretary of the Treasury and not

(10) Fines or other pecuniary penalby the Commissioner of Customs.

ties not exceeding $10 in respect of any (2) All regulations shall be prescribed

one offense may be remitted or mitigated

by the collector of customs concerned by the Commissioner of Customs, with

on such terms and conditions as, under the approval of the Secretary of the

the law and in view of the circumTreasury, except that regulations and

stances, he shall deem appropriate, and instructions, not inconsistent with the

the right and power so to do is hereby general rules and regulations of the

conferred upon the several collectors Treasury Department, which are effec

and their successors in office.
tive only against persons in their ca-
pacity as officers, agents, or employees

(11) Any forfeiture not involving of the Customs Service, and which do

merchandise subject to duty in excess not prescribe procedure which the public

of $50 (or valued at not more than $200 should know or follow in dealing with

if not subject to duty) may be remitted the Customs Service, may be prescribed

or mitigated by the collector of customs by the Commissioner of Customs with

concerned on such terms and conditions out the approval of the Secretary of the

as, under the law and in view of the Treasury.

circumstances, he shall deem appropri

ate, and the right and power so to do is (3) Requirements of regulations which

hereby conferred upon the several colmay be waived in accordance with law

lectors and their successors in office. may be waived by the Commissioner of Customs, but if any new question or un

(b) There is hereby conferred and usual circumstance is involved the

imposed upon the Commissioner of Cuswaiver must be approved by the Secre

toms, subject to the general supervision tary of the Treasury.

and direction of the Secretary of the

Treasury, the authority vested in the (4) The ascertainment, determina

Secretary of the Treasury by section 32 tion, or estimation, and declaration of

of the act of Congress entitled “An Act bounties or grants under section 303,

to amend and consolidate the Acts reTariff Act of 1930, shall be made by the

specting copyright," approved March 4, Commissioner of Customs, with the ap

1909 (17 U.S.C. 32), to permit the exproval of the Secretary of the Treasury.

portation of books imported in violation (5) Any order under section 511, Tariff of the provisions of that act and subject Act of 1930, prohibiting the importation to forfeiture under its terms. of merchandise or instructing a collector (c) The Secretary of the Treasury to withhold delivery of merchandise 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. la, 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]

PART 2-MEASUREMENT OF

VESSELS Sec. 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]

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.

PART 3/DOCUMENTATION OF

VESSELS

Sec. 3.13 Oficial number and signal letters.

(Amended] 3.22 Issue and record of marine documents.

(Amended] 3.24 Change of master. (Amended)

$ 2.46 Open shelter deck space.

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]

name.

*

Sec. 3.26 Surrender of permanent documents.

(Amended) 3.30 Exchange of documents. (Amended] 3.32 Sale or transfer of vessel. (Revised) 3.33 Recording of bills of sale and mort

gages. (Amended) 3.38 Record and endorsement of preferred

mortgages and related instruments.

(Amended) 3.51 Change of name of documented vessel.

(Note] 3.52 Fee for change of vessel's

(Note] 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 Oficial number and signal letters. (a) Every documented vessel shall have an official numbers 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

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CODIFICATION: Paragraph (b) of g 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]

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.)

§ 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).

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(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:

1The 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 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 à 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 para-. graphs (c) or (d) of this section, other evidence of death of such deceased owner

* Unless the consent of the United States Maritime Commission is first obtained, no vessel of the United States may be sold or chartered in whole or in part to any person who is not a citizen or to any corporation, partnership, or association which is not a citizen as defined in section 2 of the Shipping Act, 1916, as amended. (46 U.S.C. 802)

in the ofice 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.

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 & 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 Unit 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

(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 offcer 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. 4679!

§ 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)

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