'Region VI (Houston, Tex.) is also served by the Customs laboratory at New Orleans. 10 The national holidays are Jan. 1, Feb. 22, May 30, July 4, the first Monday in September, Nov. 11, the fourth Thursday in November, and Dec. 25. If a holiday falls on Sunday, the following day will be observed. (E.O. No. 10358, June 9, 1952.) If a holiday falls on Saturday, the day immediately preceding such Saturday will be observed (5 U.S.C. 87c). Other days may be designated as national holidays by Executive order of the President.

(b) Different but equivalent hours shall be observed if a difference is required for the maintenance of adequate service because of local conditions, is approved by the Commissioner of Customs, and a notice of the hours of business is prominently displayed at the principal entrance and in each public room of the customs office.

(c) At each port or station where there is no full-time customs employee, the hours during which the customs office will be open for the transaction of general customs business shall be fixed by the district director of customs concerned with the approval of the regional commissioner of customs, and notice thereof shall be displayed prominently at the principal entrance of the office.

(d) Each customs office shall be open for the transaction of business on all State and local holidays occurring on days other than Saturdays, Sundays, and national holidays. If a State or local holiday interferes with the performance of work in a customs office by any customs employee or employees, the appropriate principal field officer may excuse such employee or employees from duty without charge to leave.

(e) Customs services required to be performed outside a customs office shall be furnished between the hours of 8 a.m. and 5 p.m. (or between the corresponding hours at ports where different but equivalent hours are required for the maintenance of adequate service and are approved by the Commissioner of Customs) on all days when the customs office is open for the transaction of gen

eral customs business. In accordance
with such instructions as the regionai
commissioner of customs shall have is-
sued from time to time and upon reason-
able advance notice to the principal local
officer concerned, such services may be
furnished between the same hours on
Saturdays.

(f) Where there is a regularly recur-

ring need for customs services outside

the above-prescribed hours, and the

volume and duration of the required

services are uniformly such as to require,

of themselves or in immediately consecu-

tive combination with other essential

customs activities of the port, the full

time of one or more customs employees,

the necessary number of regular tours

of duty to furnish such services on all

days of the year except Sundays and

national holidays may be established

with the approval of the Commissioner

of Customs.

(g) Customs services shall be fur-

nished private interests otherwise than

as specified in this section only in ac-

cordance with the provisions of § 24.16

of this chapter.

[T.D. 66-161, 31 F.R. 10668, Aug. 11, 1966, as

amended by T.D. 69-95, 34 F.R. 6375, Apr. 11.

1969]

Permits and special licenses for unlad-

ing and lading.

4.33

Vessels in distress; landing of cargo.

Diversion of cargo.

(a) The customs seal of the United

States consisting of the seal of the Treas-

ury Department surrounded by an outer

circle in which appears the words

"Treasury Department" at the top and

"Bureau of Customs" at the bottom ac-

cording to the design furnished by the

Treasury Department, shall be im-

pressed upon all official documents re-

quiring the impress of a seal.

(b) The impress of the seal is not

necessary on documents passing within

the Customs Service. The seal shall be

impressed on marine documents, and on

landing certificates, certificates of

weight, gauge, or measure, and similar

classes of documents for outside inter-

ests.

4.38

4.39

Stores and equipment of vessels and

crews' effects; unlading or lading

and retention on board.

4.40 Equipment, etc., from wrecked or dis-

mantled vessels.

4.41 Cargo of wrecked vessel.

PASSENGERS ON VESSELS

(c) The official seal shall not be used
in the manner of a notary seal to indicate
authority to administer oaths.

Outward foreign manifest; shippers' ex-
port declarations.

4.64

4.66

Documentation.

4.65 Verification of nationality and tonnage.

Verification of inspection.

Closed ports or places.

Crew; passengers.

4.69 Shipping articles and enforcement of

Seamen's Act.

4.70 Pratique.

AUTHORITY: The provisions of this Part 4 issued under R.S. 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. 301, 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 58449, 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:

(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 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;

(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.

but does not include aircraft. (19 U.S.C. 1401.)

(b) The term "vessel of the United States" means any vessel documented under the laws of the United States.

(c) The term "documented" means registered, enrolled and licensed, or licensed by the U.S. Coast Guard.

(d) The term "noncontiguous territory of the United States" includes all the island territories and possessions of the United States, but does not include the Canal Zone.

(e) The word "citizen" is as defined by the U.S. Coast Guard for purposes of vessel documentation (see Subpart 67.03 of Title 46, Code of Federal Regulations.) [T.D. 69-266, 34 F.R. 20422, Dec. 31, 1969] § 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 and the persons and articles on board.1

(b) Every vessel arriving within a customs collection district directly from a point outside the customs territory of the United States shall be boarded and shall be subject to such supervision while in port as the collector deems necessary. When he deems it desirable, the collector may detail customs officers to remain on board a vessel to secure the enforcement of this part. Except as provided in paragraph (a) of this section,

"Any officer of the customs may at any time go on board of any vessel or vehicle at any place in the United States or within the customs waters and examine the manifest and other documents and papers and examine, inspect, and search the vessel or vehicle and every part thereof and any person, trunk, package, or cargo on board, and to this end may hail and stop such vessel or vehicle, and use all necessary force to compel compliance." (19 U. 8. C. 1581 (a))

"If the master of any vessel shall obstruct or hinder, or shall intentionally cause any obstruction or hindrance to any officer in lawfully going on board such vessel, for the purpose of carrying into effect any of the revenue or navigation laws of the United States, he shall for every such offense be liable to a penalty of not more than $2,000 nor less than $500." (R. S. 3068, sec. 307, 49 Stat. 528)

boarding of a vessel arriving from another port in the United States with residue cargo, passengers, or baggage on board shall not be required unless preliminary entry is requested.

(c) No person, with or without the consent of the master, except a pilot, officer of the customs or Coast Guard, immigration officer, health officer, agent 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; ' nor shall the master

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. 8. C. 158)

"The Secretary of the Treasury 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 708 of this title." (46 U. S. C. 163 Sec. 102, Reorg. Plan No. 3 of 1946; 3 CFR, 1946 Supp., Ch. IV)

"Whoever, 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, shal; be fined not more than $200 or imprisoned not more than six months, or both.

"The master of such vessel may take any such person into custody, and deliver him up forthwith to any law enforcement officer, to

of any vessel authorize the boarding or leaving of the vessel by any person in violation of this paragraph. Every person permitted to go on board shall be subject to customs and quarantine regulations.

(d) A collector of customs, in his discretion may issue a cutter pass on customs Form 3093 to permit the holder to board an incoming vessel after it has been inspected by the quarantine authorities and taken in charge by an officer of the customs, as follows: (1) To persons on official business; (2) to news reporters, newspaper photographers, photographers of established motionpicture companies, and broadcasters of established radio broadcasting companies; and (3) in cases of special exigency in which the collector is satisfied as to the urgent need for the boarding and that its allowance will not result in undue interference with the performance of official business.

(e) No person in charge of a tugboat, rowboat, or other vessel shall bring such conveyance alongside an incoming vessel heretofore described and put on board thereof any person, except as authorized by law or regulations.

(f) Upon application

on customs

Form 3137 or in other suitable manner, a collector may, in his discretion, issue a pass on customs Form 3095 to go on the dock to meet persons arriving from abroad.

(g) Term cutter and dock passes, for a period of not to exceed one year, may be issued in the discretion of the collector, to persons on official business and to duly accredited news reporters and newspaper photographers. Passes are not transferrable and shall be forfeited

be by him taken before any committing magistrate, to be dealt with according to law." (18 U. S. C. 2279)

"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.

upon presentation by others than those to whom issued.

(Sec. 9, 22 Stat. 189, as amended, secs. 1-3, 31 Stat. 58, as amended; 46 U.S.C. 158, 163) § 4.2

Reports of arrival of vessels.

(a) The report of arrival required by section 433, Tariff Act of 1930, shall be made by any means of communication to the collector of customs or to a customs officer assigned to board the vessel.

(b) For the purposes of this part, the time of arrival of a vessel shall be that time when she first comes to rest,

"Within twenty-four hours after the arrival of any vessel from a foreign port or place, or of a foreign vessel from a domestic port, or of a vessel of the United States carrying bonded merchandise, or foreign merchandise for which entry has not been made, at any port or place within the United States at which such vessel shall come to, the master shall, unless otherwise provided by law, report the arrival of the vessel at the nearest customhouse, under such regulations as the Secretary of the Treasury may prescribe." (Tariff Act of 1930, sec. 433; 19 U.S.C. 1433)

For the purposes of sections 432, 433, 434, 448, 585, and 586 of this Act, any vessel which has visited any hovering vessel shall be deemed to arrive or have arrived, as the case may be, from a foreign port or place." (Tariff Act of 1930, sec. 401 (n), as amended; 19 U. S. C. 1432a)

"The term 'hovering vessel' means any vessel which is found or kept off the coast of the United States within or without the customs waters, if, from the history, conduct, character, or location of the vessel, it is reasonable to believe that such vessel is being used or may be used to introduce or promote or facilitate the introduction or attempted introduction of merchandise into the United States in violation of the laws respecting the revenue

*." (Tariff Act of 1930, sec. 401 (n), as amended; 19 U. S. C. 1401 (n))

"Every master who fails to make the report or entry provided for in section 433, 434, or 435 of this Act shall, for each offense, be liable to a fine of not more than $1,000 and, if the vessel have, or be discovered to have had, on board any merchandise (sea stores excepted), the importation of which into the United States is prohibited, or any spirits, wines, or other alcoholic liquors, such master shall be subject to an additional fine of not more than $2,000 or to imprisonment for not more than one year, or to both such fine and imprisonment. *" (Tariff Act of 1930,

sec. 436, as amended; 19 U. S. C. 1436)

"Report of the arrival of a vessel of less than 5 net tons in the United States from a contiguous country otherwise than by sea is not required by section 433, Tariff Act of 1930. For the reporting requirements applicable with respect to such vessels, see § 5.1 of this chapter."