NOTE

This section is based on title 46, U.S.C., 1964 ed., §§ 44, 275 (R.S. §§ 4176, 4333; July 5, 1884, c. 221, § 2, 23 Stat. 119; June 30, 1932, c. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, c. 463, § 1, 49 Stat. 1380; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

This section consolidates R.S. § 4176, as amended (46 U.S.C. 44), and R.S. § 4333, as amended (46 U.S.C. 275), relating to the numbering, filing, and disposition of certificates of registry and of licenses.

With the exception of its last sentence, which appears as section 264 of this act, R.S. § 4333, as amended, has, therefore, been omitted from this act, but is set forth below for reference:

"The collector of each district shall progressively number the licenses by him granted, beginning anew at the commencement of each year, and shall make a record thereof in a book, to be kept by him for that purpose, and shall, once in three months transmit to the Secretary of the Treasury copies of the licenses which shall have been so granted by him; and also of such licenses as shall have been given up or returned to him, respectively, in pursuance of this title [R.S. 4311–4390]. Whenever any vessel is licensed or enrolled anew or being licensed or enrolled is afterward registered, or being registered is afterward enrolled or licensed, she shall, in every such case, be enrolled, licensed, or ergistered by her former name.

The words "Each officer or employee designated by the Secretary for that purpose" have been substituted for "The collector of each district" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs.]"

The words "enrollment, and enrollment and license" have been inserted following "registry" where that term first appears for the reason stated in the last paragraph of the note to section 235 of this act and consistent with section 264 of this act (formerly the last sentence of R.S. § 4333, as amended), which refers to any vessel "enrolled, licensed, or registered.' The words "and the licenses" following "enrollment and license" are from R.S. § 4333, as amended.

The words "of the Treasury" following "Secretary" have been deleted because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act. The words "such certificates and licenses," substituted for "the certificates of registry," refer to certificates of registry, enrollment, and enrollment and license, and the licenses" mentioned in the first sentence.

The words "including the number of each" have been deleted as surplusage. The last sentence is a revision of "*** shall *** transmit to the Secretary of the Treasury copies of the licenses which shall have been so granted by him; and also of such licenses as shall have been given up or returned to him ***" in R.S. § 4333, as amended, with an additional reference to "certificates of registry" added consistent with administrative practice. As rewritten, the sentence clarifies the ambiguity inherent in "and also of such licenses as shall have been given up or returned to him," which, following "copies of the licenses which shall have been so granted by him" appears to indicate that "copies" of the documents given up or returned are to be transmitted to the Secretary, instead of the documents themselves.

Changes have been made in arrangement and phraseology as required to effect the consolidation of R.S. § 4176, as amended, and R.S. § 4333, as amended, and in the context of this act.

SEC. 260. INSPECTION OF DOCUMENTS.-Any officer or employee concerned in the collection of the revenue may at all times inspect the register, [or] enrollment, enrollment and license, or license of any vessel or any document in lieu thereof; and if the master or other person in charge or command of any such vessel shall not exhibit the same [;] when required by such officer or employee, unless the vessel is one which by regulation of the Secretary [of the Treasury] is not required to have its register, [or] enrollment, enrollment and license, [or] license, or document in lieu thereof on board, such master or person in charge or command shall be liable to a penalty of $100, unless the failure to do so is willful, in which case he shall be liable

to a penalty of $1,000 and to a fine of not more than $1,000 or imprisonment for not more than one year, or both.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 277 (R.S. § 4336; Aug. 5, 1935, c. 438, title III, § 312, 49 Stat. 528; Aug. 30, 1957, Public Law 85–237, § 2, 71 Stat. 518).

The words "or employee" have been inserted following "officer" in two places consistent with the terminology "officer or employee" used throughout this act. The words "enrollment and license" have been inserted following "enrollment” in two places for the reason stated in the last paragraph of the note to section 235 of this act.

The words "of the Treasury" following "Secretary" have been deleted as surplusage because "Secretary" is defined as "Secretary of the Treasury” in section 101 of this act. Changes in phraseology have been made as required in the context of this act.

SEC. 261. DOCUMENTED VESSELS TO BE NUMBERED; PENALTY FOR NOT HAVING Number MarkeD.-The Secretary [of the Treasury] shall have power, under such regulations as he shall prescribe, to] establish [and provide] a system of numbering [vessels so registered, enrolled, enrolled and licensed, and licensed vessels [;]. [and each] 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] so marked.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 45 (R.S. § 4177; June 19, 1886, c. 421, § 6, 24 Stat. 81; Feb. 14, 1903, c. 552, § 10, 32 Stat. 829; Mar. 4, 1913, c. 141, § 1, 37 Stat. 736; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280).

The words "of the Treasury" following "Secretary" have been deleted as surplusage because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act.

The words "have power, under such regulations as he shall prescribe, to" and "and provide” have been deleted as surplusage. The Secretary is authorized to make rules and regulations needful to carrying out the provisions of this act by section 103 hereof.

The words "enrolled and licensed" have been inserted following "enrolled" for the reason stated in the last paragraph of the note to section 235 of this act. Changes have been made in phraseology as required in the context of this act.

SEC. 262. NAME AND PORT OF VESSEL OF THE UNITED STATES TO BE MARKED; Penalty.—(a) Except as provided in subsection (b) of this section, [The] the name of every [documented] vessel of the United States shall be marked upon each bow and upon the stern, and [the home port] there shall also be marked upon the stern either the port where the vessel is documented or the place in the same district where the vessel was built or where one or more of the owners resides. These names shall be painted or gilded, or consist of cut or carved or cast roman letters in light color, on a dark ground, or in a dark color on a light ground, secured in place, and to be distinctly visible. The smallest letters used shall not be less than four inches high.

(b) Every enrolled and licensed or licensed yacht shall have placed on some conspicuous portion of her hull her name and either the port where she is documented or the place in the same district where she was built or where one or more of her owners resides, in such manner as the Secretary may prescribe.

(c) If any [such] vessel shall be found without these names being [so] marked as required by this section, the owner or owners shall be liable to a penalty of $10 for each name omitted. [The word "port" as used in section 4178 shall be construed to mean either the port where the vessel is registered or enrolled, or the place in the same district where one or more of the owners reside.]

NOTE

This section is based on title 46, U.S. C., 1964 ed., §§ 46, 47, 103 (R.S. §§ 4178, 4214; June 26, 1884, c. 121, § 21, 23 Stat. 58; Feb. 21, 1891, c. 250, § 1, 26 Stat. 765; Jan. 16, 1895, c. 24, § 4, 28 Stat. 625, Jan. 20, 1897, c. 67, 29 Stat. 491.)

This section consolidates in subsection (a) the provisions of 46 U.S.C. § 46 and § 47, with the exception of the penalty provision of 46 U.S.C. § 46, which appears as subsection (c). Subsection (b) is act Jan. 16, 1895, c. 24, § 4, 28 Stat. 625 (the penultimate sentence of 46 U.S.C. 103).

The words "there shall also be marked upon the stern either the port where the vessel is documented or the place in the same district where the vessel was built or where one or more of the owners resides" have been substituted for "the home port shall also be marked upon the stern" to give effect to the construction of the word "port" following "home" in the deleted phrase found in act June 26, 1884, c. 121, 21, 23 Stat. 58 (46 U.S. C. 47). By reason of the consolidation, 46 U.S.C. 47, which reads: "The word 'port,' as used in section 4178 shall be construed to mean either the port where the vessel is registered or enrolled, or the place in the same district where the vessel was built or where one or more of the owners reside,' has, therefore, been omitted from this act. The port so marked upon the stern is the "hailing port" referred to in section 3.16, Customs Regulations (19 CFR 3.16). The word "high" has been inserted after the word "inches" in subsection (a) consistent with the administrative interpretation found in section 3.16(a), Customs Regulations (19 CFR 3.16(a)).

As enrolled and licensed or licensed yachts are deemed to be "vessels of the United States" under the revised definition of that term found in section 201 of this act, it has been considered appropriate to include the marking provision referable to yachts now found in the penultimate sentence of 46 U.S.Č. 103 as subsection (b) of this section.

In accordance with established administrative procedure the $10 penalty for failing to mark the vessel as required, assessed against the owner or owners, has been made applicable to yachts as well as other vessels, as an additional or alternative penalty, but not in substitution of the penalty of forfeiture for violation of the marking requirements applicable to yachts found in subsection (c) of section 801 of this act.

Changes have been made in arrangement and phraseology as required in the context of this act.

SEC. 263. REGISTRATION OF PRIVATE SIGNALS, HOUSE FLAGS, AND FUNNEL MARKS.-If a shipowner desires to use for the purpose of a private code any rockets, lights, or other similar signals, he may register those signals and house flags and funnel marks with the Secretary of the Treasury], who shall give public notice from time to time of the signals, house flags, and funnel marks so registered in such manner as he may think requisite for preventing those signals from being mistaken for signals of distress or signals for pilots. The Secretary [of the Treasury] may 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.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 49 (May 28, 1908, c. 212, $7, 35 Stat. 426; June 30, 1932, c. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, c. 463, § 1, 49 Stat. 1380; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280).

The words "of the Treasury" following "Secretary" have been deleted in two places as surplusage, because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act.

SEC. 264. VESSELS DOCUMENTED ANEW TO BE DOCUMENTED BY FORMER NAME.-Whenever any vessel is registered, enrolled, enrolled and licensed, or licensed [or enrolled] anew, or, being enrolled, enrolled and licensed, or licensed [or enrolled], is afterward registered, or, being registered, is afterward enrolled, enrolled and licensed, or licensed, she shall, in every such case[] be registered, [enrolled,] enrolled and licensed, or licensed, or registered [,] by her former name.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 275 (R.S. § 4333; July 5, 1884, c. 221, § 2, 23 Stat. 119; June 30, 1932, c. 314, § 501, 47 Stat. 415; May 27, 1936, c. 463, § 1, 49 Stat. 1380; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

A vessel is described as "registered, enrolled, enrolled and licensed, or licensed" or as "enrolled, enrolled and licensed, or licensed" for the reason stated in the last paragraph of the note to section 235 of this act.

Changes have been made in phraseology as required in the context of this act.

SEC. 265. CHANGE OF NAME OF DOCUMENTED VESSEL PROHIBITED; PENALTY. No master, owner, or agent of any vessel of the United States shall in any way change the name of such vessel, or by any device, advertisement, or contrivance deceive or attempt to deceive the public, or any officer, or employee, or agent of the United States or of any State, or any corporation or agent thereof, or any person or persons, as to the true name or character of such vessel, on pain of the forfeiture of such vessel.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 50 (R.S. § 4179). The words "or employee" have been inserted after "officer" consistent with the use of the words "officer or employee" throughout this act.

SEC. 266. CHAnge of Name oF VESSELS; EVIDENCE; PUBLICATION OF ORDER; PAYMENT OF COSTS.-The Secretary [of the Treasury] shall, under the direction of the Secretary of the Treasury,] be empowered to change the names of vessels of the United States on application of the owner or owners of such vessels when in his judgment there shall be sufficient cause for so doing. The Secretary [of the Treasury, with the approval of the Secretary of the Treasury, shall [establish such rules and regulations and] secure such evidence as to age, condition, where built, and pecuniary liabilities of the vessel as he may deem necessary to prevent iniury to public or private inter

ests;] [and when] When permission is granted by the Secretary [of the Treasury] he shall cause the order for the change of name to be published at least in four issues in some daily or weekly paper at the [place of documentation] vessel's home port, and the cost of procuring evidence and advertising the change of name is to be paid by the person or persons desiring such change of name.

NOTE

This section is based on title 46, U.S.C., 1964 ed., §§ 51, 52 (Feb. 19, 1920, c. 83, §§ 1, 2, 41 Stat. 436, 437; June 30, 1932, c. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, c. 463, §1, 49 Stat. 1380; 1946 Reorganization Plan No. 3, §§ 101104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280).

This section consolidates § 1 and § 2, act Feb. 19, 1920, c. 83, 41 Stat. 436 and 437 (46 U.S.C. 51 and 52). The first sentence is based on §1, and the remainder on § 2.

The words ", under the direction of the Secretary of the Treasury," in the first sentence, and ", with the approval of the Secretary of the Treasury," in the second, have been deleted as anomalous. As enacted the first sentence read, in part: "The Commissioner of Navigation, under the direction of the Secretary of Commerce ***" and the second sentence, "The Commissioner of Navigation, with the approval of the Secretary of Commerce ***." These references, however, now are obsolete.

The title of the Commissioner of Navigation was changed to "Director, Bureau of Navigation and Steamboat Inspection," and then to "Director, Bureau of Marine Inspection and Navigation" by acts June 30, 1932, and May 27, 1936, respectively, and his duties were transferred to the Commissioner of Customs by 1946 Reorganization Plan No. 3 and thence to the Secretary of the Treasury by 1950 Reorganization Plan No. 26.

The words "of the Treasury" following "Secretary" in each sentence, where the term "Secretary" has been retained, have been deleted as surplusage because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act. The words "establish such rules and regulations and" have been deleted as unnecessary in view of subsection (a) of section 103 of this act under which the Secretary is authorized generally to make such rules and regulations as may be necessary to carry out the provisions of this act.

The words "vessel's home port" have been substituted for "place of documentation" consistent with section 203 of this act and for the reasons stated in the penultimate paragraph of the Note thereto.

Changes have been made in phraseology as required in the context of this act.

SEC. 267. PENALTY FOR FRAUDULENT DOCUMENTATION.-Whenever any certificate of registry, enrollment, or enrollment and license, or license, or other record or document granted in lieu thereof, to any vessel, is knowingly and fraudulently obtained or used for any vesesĨ, such vessel, with her tackle, apparel, and furniture, shall be liable to forfeiture.

NOTE

This section is based on title 46, U.S.C. 1964 ed., § 60 (R.S. § 4189; Aug. 5, 1935, c. 438, title III, § 310, 49 Stat. 528).

The words "or enrollment and license" have been inserted following "enrollment" for the reason stated in the last paragraph of the note to section 235 of this act.

SEC. 268. DOCUMENTS CERTIFYING TITLE: TO WHAT VESSELS ISSUED. NO [sea letter or other] document certifying [or proving] any vessel to be the property of a citizen of the United States shall be issued except to a [vessels] vessel duly registered, enrolled, [or] enrolled and licensed, or licensed as a [vessels] vessel of the United