(R. S. 4146, as amended, 4160, 4170, as amended, 4322, 4325, as amended, sec. 30, subsec. O, 41 Stat. 1004, sec. 204, 49 Stat. 1987, as amended; 46 U. S. C. 23, 30, 39, 264, 267, 961, 1114) [13 F. R. 7916, Dec. 18, 1948, as amended by T. D. 53336, 18 F. R. 5404, Sept. 9, 1953]

§3.27 Surrender of temporary documents. (a) Every document granted by the collector at a port other than the home port shall be temporary."

(b) Every temporary document shall be surrendered to the collector within 10 days after the arrival of the vessel at her home port and whenever the surrender of a permanent document is required.

(c) The term "arrival" in the preceding paragraph means the voluntary arrival of the vessel in the regular course of her employment.

(d) The approval of the Maritime Administration 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).

(R. S. 4146, as amended, 4160, 4162, 4168, 4170, as amended, 4325, sec. 30, subsec. O, 41 Stat. 1004, sec. 204, 49 Stat. 1987, as amended; 46 U. S. C. 23, 30, 32, 37, 39, 267, 961, 1114) [13 F. R 7916, Dec. 18, 1948, as amended by T. D. 53336, 18 F. R. 5404, Sept. 9, 1953]

§3.28 Rebuilt and new vessels. (a) If an owner desires that a notation be made in the publication, Merchant Vessels of the United States, that an unrigged wooden vessel of the United States, other than a foreign-built vessel (Class 9) has been rebuilt, he shall furnish to the Commissioner of Customs, through the collector at the port where the vessel then is, a certificate of the shipbuilder stating that the vessel has been rebuilt; the date and place of such rebuilding; that the vessel is sound and free from rotten or doted wood in its structural parts; that it is properly fastened and calked, and that it is as good as new in strength and seaworthiness.

(b) When application is made by a vessel owner to a collector of customs to note the place and date of rebuild of a vessel on its marine document or to document as a new vessel a vessel constructed in whole or in part from an old vessel, the applicant shall submit

16 See note 5, § 3.6.

through the collector to the Commissioner of Customs a certificate of specifications outlining the work performed on the vessel and describing the extent to which old materials used were taken up, refitted, and reset, or the extent to which parts of the old hull in its intact condition were used or built upon. The application shall be accompanied by accurate sketches or blueprints illustrating the extent of the work performed when such sketches or blueprints are available. If the application is to have the vessel declared to be a new vessel, such application shall be accompanied by a certificate of the builder on customs Form 1261. The Commissioner of Customs shall decide whether the vessel is to be considered repaired, rebuilt, or new."

(c) A rebuilt vessel shall retain its name and official number and the date and place of rebuild shall be noted on its marine document. Upon a finding under this section that a vessel is new, an application shall be submitted for the award of an official number and all other requirements applicable in the case of any new vessel shall be met before a marine document is issued.

(R. S. 4155, as amended, 4179, 37 Stat. 189; R. S. 4319, as amended; 46 U. S. C, 25, 50, 63, 259) [13 F. R. 7916, Dec. 18, 1948, as amended by T. D. 53336, 18 F. R. 5404, Sept. 9, 1953; T. D. 53399, 18 F. R. 8686, Dec. 24, 1953]

§ 3.29 Change of build or rig. (a) When a documented vessel is altered in form or tonnage by being lengthened, shortened, or built upon, or changed from one denomination to another by a change in rig or fitting, the vessel shall cease to be deemed a vessel of the United States unless she is documented anew.

(b) When there is a change in the means of propulsion of a vessel 18 as from steam engine to gas engine or any other alteration which may change the description, the marine document of the vessel shall be surrendered.

(R. S. 4170, as amended; 46 U. S. C. 39) [13 F. R. 7917, Dec. 18, 1948]

17 A vessel is rebuilt if any considerable part of the hull of an old vessel in its intact condition, without being broken up, is built upon. It is new if none of the old timber is left undisturbed or if all the timber used, whether old or new, is taken up, refitted, and reset.

18 When a vessel's engine is changed but there is no change in the type of motive power, no redocumentation is required unless the installation of the new engine changes the admeasured tonnage of the vessel.

19

§ 3.30 Exchange of documents. (a) Any enrolled and licensed or licensed vessel may be registered upon the surrender of her document to a collector of customs. Except as specified in paragraph (b) of this section, any registered vessel may likewise be enrolled and licensed or licensed.

(b) Neither enrollment nor license for the coasting trade or for the coasting trade and mackerel fishery shall be granted to a vessel prohibited by law from engaging in the coastwise trade. (See §§ 3.2 and 3.42.) Neither enroll

ment nor license for the fisheries or for the coasting trade and mackerel fishery shall be granted to a vessel prohibited by law from engaging in the American fisheries. (See §§ 3.2 and 3.42.) Neither enrollment and license nor license shall be granted to any vessel having on board merchandise brought from a foreign port until such merchandise shall have been wholly unladen and the duties paid or secured.

(c) No registered vessel shall be permitted to exchange her document unless the collector to whom application is made is satisfied by an affidavit of the owner or master that all equipments purchased and repairs made abroad within the year immediately preceding such application have been duly accounted for and the duties accruing thereon have been paid. If the master gives this affidavit, it shall be executed on customs Form 1304.

(d) No vessel shall be permitted to exchange her marine document at a port other than the home port until the master has applied for the new marine document and has filed his affidavit that the ownership remains as stated in the document to be surrendered. Such affidavit shall be executed on customs Form 1304, which may be modified in appropriate cases by deletion of the matter pertaining to foreign equipment or repairs. If the exchange of documents is

19 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 Maritime 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.

made at the home port, the oaths required by § 3.18 shall be filed.

(R. S. 3114, as amended, 3115, as amended, 4322, 4323, as amended, 4337, sec. 30, subsec. O, 41 Stat. 1004, sec. 204, 49 Stat. 1987, as amended; 19 U. S. C. 257, 258, 46 U. S. C. 264, 265, 278, 961, 1114) [13 F. R. 7917, Dec. 18, 1948]

§ 3.31 Loss of marine document. When the marine document of any vessel is lost, mutilated, destroyed, or mislaid, the master certifies such fact on customs Form 1305, and the oaths required by §3.18 are filed at the port of first arrival if that port is the vessel's home port, or the affidavit required by § 3.30 (d) is filed at any other port of first arrival, the collector shall issue a new document, which shall recite the fact that it replaces the one lost, mutilated, destroyed, or mislaid. A document is held to be lost when it is wrongfully withheld from the possession of the

(Sec. 486, 46 Stat. 725, as amended, R. S. 4160, 4326; 19 U. S. C. 1486, 46 U. S. C. 36, 268) [13 F. R. 7917, Dec. 18, 1948, as amended by T. D. 53336, 18 F. R. 5404, Sept. 9, 1953]

§ 3.32 Sale or transfer of vessel; change in membership of owning partnership. (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.

21

(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) When the owner of the whole or any part of such a vessel dies and there

20 All questions of what constitutes a wrongful withholding shall be referred to the Commissioner of Customs for determination.

21 Unless the consent of the Maritime Administration 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)

is an administration of his estate, an authenticated copy 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 any of his successors in interest. In such a case, before a new document for a vessel is granted to one who acquires an interest therein as the beneficiary under a will, to the person succeeding to the interest of the deceased owner in case of intestacy, or to any successor in interest of either of them, an authenticated copy of the decree of distribution shall be filed with the collector of customs. The filing of an authenticated copy of the certificate of death or of the will of the 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 paragraph (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 re

ferred 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.

(i) In the case of the termination of a partnership owning an interest in a vessel because of the addition of a new member, the withdrawal of an old, or both, the death or bankruptcy of a partner, or for any other reason, a written instrument in the nature of a bill of sale, as provided for in paragraph (b) of this section, shall be filed with the collector of customs before a new document is granted.

(j) In the case of a change in membership of a partnership owning an interest in a vessel without dissolution of the firm, there shall be filed with the collector of customs evidence satisfactory to him that there has been no such dissolution and a certificate as to the change which has occurred signed by one or more of the members of the partnership as so changed before a new document is granted.

(R. S. 4170, as amended, 4312, sec. 9, 39 Stat. 730, as amended; 46 U. S. C. 39, 252, 808) [13 F. R. 7917, Dec. 18, 1948, as amended by T. D. 53268, 18 F. R. 3092, May 29, 1953; T. D. 53336, 18 F. R. 5404, Sept. 9, 1953; T. D. 53399, 18 F. R. 8686, Dec. 24, 1953]

§ 3.33 Recording of bills of sale and mortgages. (a) When any bill of sale, mortgage, hypothecation, or conveyance of any interest in any vessel is presented to a collector of customs to be recorded,"

22

"(a) No sale, conveyance, or mortgage which, at the time such sale, conveyance, or mortgage is made, includes a vessel of the United States, or any portion thereof, as the whole or any part of the property sold, conveyed, or mortgaged shall be valid, in respect to such vessel, against any person other than the grantor or mortgagor, his heir or devisee, and a person having actual notice thereof, until such bill of sale, conveyance, or mortgage is recorded in the office of the collector of customs of the port of documentation of such vessel, as provided in subdivision (b) of this section.

"(b) Such collector of customs shall record bills of sale, conveyances, and mortgages delivered to him, in the order of their reception, in books to be kept for that purpose and indexed to show

"(1) The name of the vessel;

"(2) The names of the parties to the sale, conveyance, or mortgage;

"(3) The time and date of reception of the instrument;

"(4) The interest in the vessel so sold conveyed, or mortgaged; and

the vendee, mortgagee, pledgee, or transferee shall file with the collector the oath required by section 40, Shipping Act, 1916 (46 U. S. C. 838). The oath of a corporation shall be signed by its president, secretary, or treasurer, or any other official thereof duly authorized by such corporation to execute any such declaration.

(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,

"(5) The amount and date of maturity of the mortgage." (46 U. S. C. 921)

"(a) No bill of sale, conveyance, or mortgage shall be recorded unless it states the interest of the grantor or mortgagor in the vessel, and the interest so sold, conveyed, or mortgaged.

"(b) No bill of sale, conveyance, mortgage, notice of claim of lien, or certificate of discharge thereof, shall be recorded unless previously acknowledged before a notary public or other officer authorized by a law of the United States, or of a State, Territory, District, or possession thereof, to take acknowledgment of deeds.

"(c) In case of a change in the port of documentation of a vessel of the United States, no bill of sale, conveyance, or mortgage shall be recorded at the new port of documentation unless there is furnished to the collector of customs of such port, together with the copy of the bill of sale, conveyance, or mortgage to be recorded, a certified copy of the record of the vessel at the former port of documentation furnished by the collector of such port. The collector of customs at the new port of documentation is authorized and directed to record such certi. fied copy. (46 U. S. C. 926)

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 hereafter indexed on customs Form 1332, continued if necessary on customs Form 1332-A, to show (1) the name of the vessel, (2) the names of the parties to the instrument, (3) the kind and date of the instrument, (4) the interest transferred, mortgaged or discharged, (5) the date, hour, and minute the instrument was received, (6) the book in which the instrument is recorded, (7) the number assigned to the instrument, (8) in the case of a bill of sale or conveyance, the consideration stated in the instrument, and (9) in the case of a mortgage or certificate of discharge of mortgage, the amount and date of maturity of the mortgage.

(d) Each such instrument shall recite the interest of the grantor or mortgagor in the vessel, the names of the persons to whom the interest lias been transferred or mortgaged, and the interest transferred or mortgaged to each. A bill of sale or conveyance shall also recite in full the last marine document of the vessel. A mortgage, whether ordinary or preferred, may, but need not necessarily, recite in full the last marine document of the vessel; if such marine document is not recited, the vessel shall be described by rig, name, official number, and gross tonnage.

(e) The collector shall index on customs Form 1332, continued if necessary on customs Form 1332-A, all decrees of distribution of the estates of deceased owners filed with him in accordance with § 3.32 (c) to show (1) the name of the vessel, (2) the name of the deceased owner, (3) the names of the distributees of his interest in the vessel, (4) the interest transferred, (5) the name of the court, (6) the title of the case, and (7) the date of the decree. The collector shall also index on customs Form 1332, continued if necessary on customs Form 1332-A, all orders of referees or courts appointing trustees in bankruptcy filed with him in accordance with § 3.32 (g) to show (1) the name of the vessel, (2)

the name of the bankrupt owner, (3) the name of the trustee, (4) the interest transferred, (5) the name of the court, (6) the title of the case, and (7) the date of the order.

(f) 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.

(g) 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.

(h) Each certificate of discharge of mortgage presented for recording shall be on the customs Form 1363 or in a substantially similar form.

(i) Each bill of sale, mortgage, hypothecation, conveyance, release, satisfaction, assignment or notice of claim of lien shall be endorsed by the collector to show the port of recordation, the exact day, hour, and minute it was received for recordation, the book in which it was recorded, and the number assigned to the instrument.

(j) When an instrument other than a preferred mortgage or assignment of a preferred mortgage (see § 3.38) is to be recorded, the original and one copy shall be presented to the collector, who shall retain the copy for his files.

(k) Any abstract of title of a vessel furnished by the collector of customs at the home port of the vessel shall be on customs Form 1332, continued if necessary on customs Form 1332-A, and shall include a statement of the particulars of any notice of claim of lien upon the vessel which has been recorded, and a copy of any entry in the index with respect to a decree of distribution of the

estate of a deceased owner or an order of a referee or court appointing a trustee in bankruptcy.

(1) When the home port of a vessel is changed, whether or not any change in title occurs, the collector of customs at the old home port, upon request of the owner of the vessel, shall forward in duplicate to the collector at the new home port an abstract of title of the vessel, which shall bear at the end thereof the following endorsement:

I certify that the foregoing, which is issued in accordance with the provisions of § 3.33 (1), Customs Regulations, incident to a change in home port, is a true abstract of title of the vessel described above, as appears by the records of this office.

Port_ Date..

Deputy Collector.

(m) The collector at the new home port of a vessel shall record the abstract of title of the vessel forwarded to him in accordance with paragraph (1) of this section, and no bill of sale, mortgage, hypothecation, conveyance, release, satisfaction, assignment, notice of claim of lien, court order conveying title or other instrument shall be recorded at the new home port until such abstract has been received and recorded.

(n) When an abstract of title of a vessel is forwarded to the collector at the new home port of a vessel in accordance with paragraph (1) of this section, the following endorsement shall be made in the index after the last entry for that vessel, and thereafter no instrument for such vessel shall be recorded at the old home port and no entry shall be made in the index with respect to any decree of distribution or order appointing a trustee in bankruptcy:

An abstract of title of the vessel described above was forwarded to the collector of customs at on this date in accordance with the provisions of § 3.33 (1) of the Customs Regulations.

Date__

Deputy Collector.

(0) Whenever requested, the collector of customs at the home port of any vessel shall furnish to any person an abstract of title of that vessel, which shall bear at the end thereof the following endorsement: