1954, the master shall swear that such license shall not be used for any other vessel or for any other employment than the coasting trade, or in any manner whereby the revenue of the United States may be defrauded. 1 (b) This oath may be taken before any officer authorized by law to administer oaths generally and may be mailed to the collector together with the enrollment and license or license, whereupon action shall be taken as if the oath had been administered by the collector. (Sec. 3, 68 Stat. 675, 50 U.S.C. 198) §3.71 Change of master. When the master of any vessel documented under the act of August 9, 1954, is changed, the new master shall report the change to the collector at the port where the change takes place or where the vessel shall first arrive after the change, and shall produce to the collector the vessel's document and make oath that he is the new master of the vessel. The collector shall then endorse upon the document the name of the new master. (Sec. 3, 68 Stat. 675; 50 U.S.C. 198) § 3.72 Issue, record, and surrender of documents. (a) The provisions of §§ 3.22 (a) and (b) and 3.26 shall apply with respect to documents issued under the act of August 9, 1954. (b) No enrollment and license or license shall be issued for a longer period than is authorized by the permit referred to in § 3.67. (Sec. 3, 68 Stat. 675; 50 U.S.C. 198) §3.73 Renewal of document. ment, or by any provision of the regulations in this part. (Sec. 3, 68 Stat. 675; 50 U.S.C. 198) A document granted to any vessel under the act of August 9, 1954, shall be presented to the collector of the port at which the vessel may be at the time of its expiration within 3 days after that time, or if the vessel be at sea at that time, within 3 days after her first arrival at a port of the United States. Such a document may be renewed by the collector of customs upon the request of the master or the Secretary of Commerce if at the time of such request the documentation of the vessel is not prohibited by the act of August 9, 1954, by any order of the Commissioner of Customs issued under authority of that act requiring surrender of the vessel's docu § 3.74 Exchange of documents. (a) Any vessel enrolled and licensed or licensed under the act of August 9, 1954, may be registered. (b) Any vessel registered under the act of August 9, 1954, may be enrolled and licensed or licensed for the coasting trade if a permit in duplicate issued by the Secretary of Commerce under section 3 (c) of the act of August 9, 1954, authorizing a vessel to engage in the coastwise trade is filed with the collector of customs. (Sec. 3, 68 Stat. 675; 50 U.S.C. 198) 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 registration 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, $ 3.81 oil pigments, or other permanent colors, and not exceeding 6 by 4 inches in size. (Sec. 7, 35 Stat. 426, as amended; 46 U. 8. O. 49) § 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. (Sec. 7, 35 Stat. 426, as amended; 46 U.S.C. 49) § 3.82 Fee for registering a house flag or funnel mark, or both. A fee of $40, designated as fee number 11 in § 4.98 of this chapter, shall be paid upon the registration of a house flag or funnel mark, or both, and each application for such registration filed with a collector of customs shall be accompanied by a remittance in that amount. (Sec. 7, 35 Stat. 426, as amended, sec. 501, APPENDIX NOTE: The substance of customs Forms TREASURY DEPARTMENT State where incorporated Title or capacity 4 I, the affiant named above, swear that the information which I have given, including that respecting the vessel and the corporation, is, to the best of my knowledge and belief, true, complete, and correct; that the corporation named is the sole owner of the vessel named and described above; That no subject or citizen of any foreign prince or state, is directly or indirectly, by way of trust, confidence, or otherwise, interested in the vessel, or in the profits or issues thereof; " That a majority of the officers and directors of such corporation are citizens of the United States, as shown by the attached listing incorporated in and made a part of this oath The portion of the form requiring vessel identification shall be struck out when the affiant's oath is filed merely to qualify as a citizen under the Act and not as an owner and operator. 2 Do not complete this blank in the case of an undocumented vessel. Show address where vessel business of owner or operator is conducted; when corporation is qualifying under Act other than as owner or operator of vessel, show place of principal business. Show the capacity in which the affiant is acting for the owning corporation, as "President," "Secretary," "Specially authorized officer," or "Agent" as the case may be. 5 "Interest" as used herein does not refer to the ownership of stock of the corporation owning the vessel or to control of the corporation by way of voting or other direct or indirect means but rather refers to ownership of the vessel itself. Strike out this clause in the case of a licensed vessel of less than 20 net tons. which truly and correctly names all such officers and directors, giving the home address and citizenship of each; that not less than 90 percent of the employees of such corporation are residents of the United States; that such corporation is engaged primarily in a manufacturing or mineral industry in the United States or in a Territory, District, or possession thereof; that the aggregate book value of the vessels owned by such corporation does not exceed 10 percent of the aggregate book value of the assets of such corporation; that such corporation purchases or produces in the United States, its Territories, or possessions not less than 75 percent of the raw materials used or sold in its operations; • That all equipments or any part thereof, including boats, purchased for, or the repair parts or materials to be used, or the expenses of repairs made in any foreign country upon said vessel within the year immediately preceding the date of this application, have been duly reported and accounted for under the provisions of sections 257 and 258, title 19, and section 272, title 46, United States Code, and the duties thereon have been duly paid. 7 The corporation named and identified above has on this date complied with the provisions of §3.21, Customs Regulations, by filing the corporate certificate under oath required under the Act of September 2, 1958 (46 U.S.C. 883-1), and is hereby authorized to operate the undocumented vessel named herein, if any, in the coastwise trade subject to the limitations of the Act. This certificate and any authorization granted hereunder expire three years from the date shown above unless there first occurs a change in corporate status requiring a report under § 3.21 cited above. (Signature) (Title) OATH OF PARENT OR SUBSIDIARY CORPORATION ACT OF SEPTEMBER 2, 1958 (46 U.S.C. 883-1) Port Date I, the affiant named above, swear that the corporation first named herein is the (par Part 4 ent)1 (subsidiary)2 of the associated corporation named; that I am the duly authorized officer or agent of such corporation; that the associated corporation named has previously established that it is a citizen of the United States within the meaning of the Act of September 2, 1958 (46 U.S.C. 883-1), having filed a certificate under oath to that effect with the collector of customs concerned; that a majority of the officers and directors of the said parent or subsidiary corporation are citizens of the United States, as shown by the attached listing incorporated in and made a part of this oath which truly and correctly names all such officers and directors, giving the home address and citizenship of each; that not less than 90 percent of the employees of such parent or subsidiary corporation are residents of the United States; that such parent or subsidiary corporation is engaged primarily in a manufacturing or mineral industry in the United States or in a Territory, District, or possession thereof; that the aggregate book value of the vessels owned by such parent or subsidiary corporation does not exceed 10 percent of the aggregate book value of the assets of such corporation; and that such parent or subsidiary corporation purchases or produces in the United States, its Territories, or possessions not less than 75 percent of the raw materials used or sold in its operations. Signed Subscribed and sworn to before me on the day and year shown. (Notary Public or Deputy Collector of Customs) Date Prematurely discharged, overcarried, and undelivered cargo. 4.35 4.36 4.37 4.38 PART 4 VESSELS IN FOREIGN AND DOMESTIC TRADES Sec. 4.1 ARRIVAL AND ENTRY OF VESSELS Boarding of vessels; cutter and dock passes. 1 The term "parent corporation" for the purposes of this oath 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 section 3.19 (a) (4) of the Customs Regulations and the Act of September 2, 1958 (46 U.S.C. 883-1). Strike out the inapplicable term. 2 The term "subsidiary corporation" for the purposes of this oath 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) of the Customs Regulations and the Act of September 2, 1958 (46 U.S.C. 883-1) or by a parent corporation of any such corporation. Strike out the inapplicable term. 4.39 Unlading outside port of entry. Delayed discharge of cargo. Lay order; general order. Release of cargo. Stores and equipment of vessels and crews' effects; unlading or lading and retention on board. 4.40 Equipment, etc., from wrecked or dismantled vessels. 4.80 Vessels entitled to engage in coastwise trade. 4.81 Reports of arrivals and departures in coastwise trade. 4.82 Touching at foreign port while in coastwise trade. 4.83 Trade between United States ports on the Great Lakes and other ports of the United States. 4.84 Trade with noncontiguous territory. 4.85 Vessels with residue cargo for domestic ports. 4.86 Intercoastal residue-cargo procedure; optional ports. 4.87 Vessels proceeding foreign via domestic ports. 4.88 Vessels with residue cargo for foreign ports. 4.89 Vessels in foreign trade proceeding via 4.90 Simultaneous vessel transactions. 4.92 Towing. 4.97 Salvage vessels. 4.98 Navigation fees. AUTHORITY: The provisions of this Part 4 issued under R.S. 161, 251, secs. 2, 3, 23 Stat. 118, as amended, 119, as amended, sec. 624, 46 Stat. 759, sec. 101, 76 Stat. 72; 5 U.S.C. 22, 19 U.S.C. 66, 1624, 46 U.S.C. 2, 3 General Hdnote 11, Tariff Schedules of the United States, except as otherwise noted. SOURCE: The provisions of this Part 4 appear at 28 F.R. 14596, Dec. 31, 1963, unless otherwise noted. NOTE 1: By T.D. 528886, 16 F.R. 12763, Dec. 20, 1951, the Commissioner of Customs waived compliance with the provisions of the navigation laws administered by the Bureau of Customs to the extent necessary to permit the operation of vessels requisitioned by the United States for emergency evacuation. NOTE 2: By Treasury Decision 53449, 19 FR. 1420, Mar. 13, 1954, the Commissioner of Customs waived compliance with the navigation laws relating to clearances of vessels to the extent necessary to permit: Defense, other than those used on berthterm (shipping contract or Government billof-lading) arrangements, which is certified by the Commander of the Military Sea Transportation Service or his duly authorized representative as (a) in ballast or laden only with Department of Defense cargo, or (b) having on board passengers, each of whom is either a member of the Armed Forces or a civilian noncombatant employed by, serving with, or accompanying the Armed Forces of the United States; (1) The clearance for an unnamed destination of any vessel owned by, Governmentallocated to, or chartered by the Military Sea Transportation Service of the Department of (2) The clearance of any vessel with Department of Defense cargo on the basis of a manifest which describes that cargo only as of Department of (Approximate quantity) Defense cargo." NOTE 3: By Treasury Decision 53892, 20 F. R. 6792, Sept. 15, 1955, the Commissioner of Customs waived compliance with sections 289, 292, 316, and 883, title 46, United States Code, to the extent necessary to permit any dredge, tug, scow, barge, or other vessel of Canadian registry or flag, whether or not Canadian-built, to be employed in dredging, towing, the transportation of merchandise or passengers, or any combination of such activities, in spoil disposal operations or channel excavations for power purposes and in connection with the construction of the Iroquois Control Dam as a part of the St. Lawrence Power Project in territorial waters of the United States within the general areas (1) between points opposite Prescott, Ontario, and Doran Island and (2) between points opposite the powerhouse structure and the eastern end of Cornwall Island. NOTE 4: By Treasury Decision 54230, 21 F. R. 8355, Nov. 1, 1956, the Commissioner of Customs waived compliance with sections 289, 292, 316, and 883, title 46, United States Code, to the extent necessary to permit any dredge, tug, scow, barge, or other vessel of Canadian registry or flag, whether or not Canadian-built, to be employed in dredging, towing, the transportation of merchandise or passengers, or any combination of such activities, in connection with the construction of the proposed high level Cornwall South Channel Bridge of the St. Lawrence Seaway Navigation Project in the general area of Massena and Rooseveltown, New York. ARRIVAL AND ENTRY OF VESSELS § 4.1 Boarding of vessels; cutter and dock passes. (a) When any vessel which might have on board any article subject to customs treatment comes within the limits of any port of entry or within customs waters, customs officers may board the vessel to inspect its manifest and other documents and papers and to examine, inspect, and search the vessel |