StatA

Pt. 187

33 CFR Ch. I (7–1–11 Edition)

(b) If a light is too small to attach
the required label—
(1) Place the information from the
label in or on the package that contains the light; and
(2) Mark each light ‘‘USCG’’ followed
by the certified range of visibility in
nautical miles (nm), for example,
‘‘USCG 2nm’’. Once installed, this
mark must be visible without removing
the light.

Subpart N [Reserved]
PARTS 184–186 [RESERVED]
PART 187—VESSEL IDENTIFICATION
SYSTEM
Subpart A—General
Sec.
187.1 Which States are affected by this part?
187.3 What vessels are affected by this part?
187.5 What are the purposes of this part?
187.7 What are the definitions of terms used
in this part?
187.9 What is a vessel identifier and how is
one assigned?
187.11 What are the procedures to participate in VIS?
187.13 What are the procedures for obtaining
certification of compliance with guidelines for State vessel titling systems?
187.15 When is a mortgage a preferred mortgage?

Subpart B—Information To Be Collected by
Participating States
187.101 What information must be collected
to identify a vessel owner?
187.103 What information must be collected
to identify a vessel?
187.105 What information on titled vessels
must be collected and what may be collected?
187.107 What information must be made
available to assist law enforcement officials and what information may be made
available?

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Subpart C—Requirements for Participating
in VIS
187.201 What are the compliance requirements for a participating State?
187.203 What are the voluntary provisions
for a participating State?

Subpart D—Guidelines for State Vessel
Titling Systems
187.301 What are the eligibility requirements for certification of a State titling
system to confer preferred mortgage status?
187.303 What terms must a State define?
187.304 What vessels must be titled?
187.305 What are the requirements for applying for a title?
187.307 What are dealer and manufacturer
provisions?
187.309 What are the requirements for transfer of title?
187.311 What are the application requirements for a certificate of title because of
a transfer by operation of law or order of
court?
187.313 Must a State honor a prior State
title, Coast Guard documentation, and
foreign registry?
187.315 What happens when a title is surrendered for the purposes of documentation?
187.317 What information must be on a certificate of title?
187.319 What are the requirements for applying for a redundant title?
187.321 What are the hull identification
number (HIN) provisions?
187.323 What are the procedures for perfection of security interests?
187.325 Is a State required to specify procedures for the assignment of a security interest?
187.327 What are a State’s responsibilities
concerning a discharge of security interests?
187.329 Who prescribes and provides the
forms to be used?
187.331 What information is to be retained
by a State?
APPENDIX A TO PART 187—PARTICIPATING AUTHORITIES

APPENDIX B TO PART 187—PARTICIPATING AND
CERTIFIED VESSEL TITLING AUTHORITIES
AUTHORITY: 46 U.S.C. 2103; 49 CFR 1.46.
SOURCE: 66 FR 15630, Mar. 20, 2001, unless
otherwise noted.

Subpart A—General
§ 187.1 Which States are affected by
this part?
States electing to participate in the
Vessel Identification System (VIS) are
affected by this part.
§ 187.3 What vessels are affected by
this part?
Only vessels numbered or titled by a
participating State are affected by this
part. Vessels documented under 46

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Coast Guard, DHS

§ 187.7

U.S.C. chapter 121 and 46 CFR parts 67
and 68 are not affected.

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§ 187.5 What are the purposes of this
part?
The purposes of this part are to—
(a) Establish minimum requirements
for States electing to participate in
VIS;
(b) Prescribe guidelines for State vessel titling systems; and
(c) Explain how to obtain certification of compliance with State guidelines for vessel titling systems for the
purpose of conferring preferred status
on mortgages, instruments, or agreements under 46 U.S.C. 31322(d).
§ 187.7 What are the definitions of
terms used in this part?
As used in this part—
Approved Numbering System means a
numbering system approved by the
Secretary of the Department of Homeland Security under 46 U.S.C. Chapter
123.
Certificate of Documentation means
the certificate issued by the Coast
Guard for a documented vessel under 46
U.S.C. 12103 (Form CG–1270).
Certificate of Origin or COO means a
document establishing the initial chain
of ownership, such as a manufacturer’s
certificate of origin (MCO) or statement of origin (MSO), an importer’s
certificate of origin (ICO) or statement
of origin (ISO), or a builder’s certification (Form CG–1261; see 46 CFR part
67).
Certificate of Ownership means the
Certificate of Ownership issued by the
Coast Guard under 46 CFR part 67
(Form CG–1330).
Commandant means the Commandant
of the United States Coast Guard.
Dealer means any person who engages
wholly or in part in the business of
buying, selling, or exchanging new or
used vessels, or both, either outright or
on conditional sale, bailment, lease,
chattel mortgage or otherwise. A dealer must have an established place of
business for the sale, trade, and display
of such vessels.
Documented vessel means a vessel documented under 46 U.S.C. chapter 121.
Hull Identification Number or HIN
means the number assigned to a vessel
under subpart C of 33 CFR part 181.

Issuing authority means either a State
that has an approved numbering system or the Coast Guard in a State that
does not have an approved numbering
system.
Manufacturer means any person engaged in the business of manufacturing
or importing new vessels for the purpose of sale or trade.
Owner means a person, other than a
secured party, having property rights
in, or title to, a vessel. ‘‘Owner’’ includes a person entitled to use or possess a vessel subject to a security interest in another person, but does not
include a lessee under a lease not intended as security.
Participating State means a State certified by the Commandant as meeting
the requirements of subpart C of this
part. States meeting this definition
will be listed in appendix A to this
part.
Person means an individual, firm,
partnership, corporation, company, association, joint-stock association, or
governmental entity and includes a
trustee, receiver, assignee, or similar
representative of any of them.
Secured party means a lender, seller,
or other person in whose favor there is
a security interest under applicable
law.
Security interest means an interest
that is reserved or created by an agreement under applicable law and that secures payment or performance of an
obligation.
State means a State of the United
States, the District of Columbia, American Samoa, Guam, Northern Mariana
Islands, Puerto Rico, U.S. Virgin Islands, and any other territory or possession of the United States.
Titled vessel means a vessel titled by
a State.
Titling authority means a State whose
vessel titling system has been certified
by the Commandant under subpart D of
this part. Titling authorities participating in VIS will be listed in appendix
B to this part.
Vessel includes every description of
watercraft, other than a seaplane on
the water, used or capable of being
used as a means of transportation on
water.

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§ 187.9

33 CFR Ch. I (7–1–11 Edition)

Vessel Identification System or VIS
means a system for collecting information on vessels and vessel ownership as
required by 46 U.S.C. 12501.
[66 FR 15630, Mar. 20, 2001, as amended by
USCG–2008–0179, 73 FR 35024, June 19, 2008]

§ 187.9 What is a vessel identifier and
how is one assigned?
(a) The vessel identifier for a vessel
having a valid HIN is the HIN.
(b) If a vessel does not have a valid
HIN, a vessel identifier is assigned
under the following table:

TABLE 187.9(b)—VESSEL IDENTIFIER ASSIGNMENTS
If the vessel is:

And does not have a valid HIN:

Then the vessel identifier is:

(1) Documented .........................................

..................................................................

(2) Documented .........................................
(3) Undocumented .....................................

And is transferred to a new owner ..........
And must be numbered under 33 CFR
parts 173 and 174.

(4) Undocumented .....................................

And is transferred to a new owner ..........

(5) Undocumented .....................................

And the vessel is required to be numbered or titled in a new State of principal operation.

The official number assigned by the
Coast Guard under 46 CFR part 67.
The HIN assigned by the Coast Guard.
The number issued on a certificate of
number by the issuing authority of the
State of principal operation, provided
the number will not be used in the future to identify a different vessel.
The HIN assigned by the issuing authority of the State of principal operation.
The HIN assigned by the issuing authority of the State of principal operation.

§ 187.11 What are the procedures to
participate in VIS?
(a) A State must submit a written request to the Commandant (CG–5422)
certifying that it will comply with the
VIS participation requirements in subpart C of this part.
(b) The Commandant will review the
request and determine if the State is
complying with the VIS participation
requirements. If so, the Commandant
will certify compliance by listing the
State in appendix A to this part.
(c) Appendix A to this part will list
those States certified by the Commandant to participate in VIS. When
the Commandant determines that a
State is not complying with the participation requirements, it will lose its
certification and will be deleted from
appendix A to this part.
[66 FR 15630, Mar. 20, 2001, as amended by
USCG–2008–0179, 73 FR 35024, June 19, 2008]

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§ 187.13 What are the procedures for
obtaining certification of compliance with guidelines for State vessel titling systems?
(a) A State must submit a written request to the Commandant (CG–5422).
The request must include a copy of the
State’s titling laws, regulations and
administrative procedures, and certify
that the State will comply with the

VIS participation requirements in subpart C of this part.
(b) The Commandant will review the
request and determine if the State is
complying with the Guidelines for
State Vessel Titling Systems in subpart D of this part. If the State is complying with the guidelines, the Commandant will certify compliance and
list the State in appendix B to this
part.
(c) Appendix B to this part will list
States certified by the Commandant.
When the Commandant determines
that a State is not complying with the
vessel titling guidelines, it will lose its
certification and be deleted from appendix B to this part.
[66 FR 15630, Mar. 20, 2001, as amended by
USCG–2008–0179, 73 FR 35024, June 19, 2008]

§ 187.15 When is a mortgage a preferred mortgage?
A mortgage, instrument, or agreement granting a security interest perfected under State law covering the
whole of a vessel titled under the law
of a participating State is a preferred
mortgage if the State is certified under
§ 187.13.

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§ 187.105

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Subpart B—Information to be
Collected by Participating States
§ 187.101 What information must be
collected to identify a vessel owner?
(a) A participating State must collect the following information for a
vessel it has numbered or titled when
an individual owns the vessel and make
it available to VIS:
(1) Names of all owners.
(2) Principal residence of one owner.
(3) Mailing Address, if different from
the address in paragraph (a)(2) of this
section.
(4) One of the following unique identifiers for each owner:
(i) Social Security Number (SSN) or
Individual
Taxpayer
Identification
Number (ITIN).
(ii) If the SSN or ITIN is not available, birth date and driver’s license
number.
(iii) If the SSN, ITIN, and driver’s license number are not available, birth
date and other unique identifier prescribed by the State.
(b) A participating State must collect the following information for a
vessel that it has numbered or titled
when the vessel’s owner is not an individual, but a business or other type of
organization:
(1) Names of all businesses or organizations that own the vessel.
(2) Principal address of one business
or organization.
(3) Mailing address, if different from
the address in paragraph (b)(2) of this
section.
(4) Taxpayer Identification Number
(TIN) for the principal business or organization.
(5) If the TIN for the principal business or organization is not available,
one of the following unique identifiers
for a corporate officer, a partner, or
the individual who signed the application for numbering:
(i) Social Security Number (SSN) or
Individual
Taxpayer
Identification
Number (ITIN).
(ii) If the SSN or ITIN is not available, birth date and driver’s license
number.
(iii) If the SSN, ITIN, and driver’s license number are not available, birth
date and other unique identifier prescribed by the State.

§ 187.103 What information must be
collected to identify a vessel?
A participating State must collect
the following information on a vessel it
has numbered or titled and make it
available to VIS:
(a) Manufacturer’s hull identification
number (HIN), if any.
(b) Official number, if any, assigned
by the Coast Guard or its predecessor.
(c) Number on certificate number assigned by the issuing authority of the
State.
(d) Expiration date of certificate of
number.
(e) Number previously issued by an
issuing authority.
(f) Name of manufacturer, builder, or
make.
(g) Model year, manufacture year, or
year built.
(h) Overall length.
(i) Vessel type. Authorized terms are
‘‘open motorboat’’, ‘‘cabin motorboat’’,
‘‘auxiliary sail’’, ‘‘sail only’’, ‘‘personal
watercraft’’, ‘‘pontoon’’, ‘‘houseboat’’,
‘‘rowboat’’, ‘‘canoe/kayak’’, or ‘‘other’’.
(j) Hull material. Authorized terms
are ‘‘wood’’, ‘‘aluminum’’, ‘‘steel’’, ‘‘fiberglass’’, ‘‘rigid hull inflatable’’,
‘‘rubber/vinyl/canvas’’, or ‘‘other’’.
(k) Propulsion type. Authorized
terms are ‘‘propeller’’, ‘‘sail’’, ‘‘water
jet’’, ‘‘air thrust’’, or ‘‘manual’’.
(l) Engine drive type. Authorized
terms are ‘‘outboard’’, ‘‘inboard’’, or
‘‘inboard/stern drive’’.
(m) Fuel. Authorized terms are ‘‘gasoline’’, ‘‘diesel’’, or ‘‘electric’’.
(n) Primary use. Authorized terms
are ‘‘pleasure’’, ‘‘rent or lease’’, ‘‘dealer
or
manufacturer
demonstration’’,
‘‘charter fishing’’, ‘‘commercial fishing’’, ‘‘commercial passenger carrying’’, or ‘‘other commercial operation’’.
§ 187.105 What information on titled
vessels must be collected and what
may be collected?
(a) A participating State must collect the following information on a vessel it has titled and make it available
to VIS:
(1)
Information
required
under
§ 187.103.
(2) Title number.
(3) Issuance date of the most recently
issued title or redundant.

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§ 187.107

33 CFR Ch. I (7–1–11 Edition)

(4) Where evidence may be found on
the security interest or lien against
the vessel.
(5) Name of each secured party.
(6) Address (city and State) of each
secured party.
(b) A participating State may collect
the following information on a vessel it
has titled and make it available to
VIS:
(1) Information concerning the discharge of the security interest.
(2) Information concerning the surrender of the certificate of title.

(11) Request to be notified if vessel is
sighted.
(12) Purpose of sighting notification
request.
(13) Date and time vessel last sighted.
(14) Location of vessel when last
sighted.

§ 187.107 What information must be
made available to assist law enforcement officials and what information may be made available?
(a) A participating State must make
the following information available to
VIS for use by law enforcement officials:
(1) Vessel identifier(s), as required by
§ 187.9.
(2) Notice of law enforcement status.
Authorized terms are ‘‘lost’’, ‘‘stolen’’,
‘‘destroyed’’, ‘‘abandoned’’, or ‘‘recovered’’.
(3) Date of notice of law enforcement
status.
(4) Point of contact for the agency or
official reporting the status.
(5) National Crime Information Center code for the reporting agency or official.
(b) A participating State may make
the following information available to
law enforcement officials:
(1) Notice that the vessel is being
sought for a law enforcement purpose
other than a purpose listed in paragraph (a)(2) of this section.
(2) Location of vessel when reported
lost, stolen, destroyed, abandoned, or
recovered.
(3) Vessel insurance policy number.
(4) Name of insurance company.
(5) Address of insurance company.
(6) Mailing address of insurance company, if different from the address in
paragraph (b)(5) of this section.
(7) Telephone number of insurance
company.
(8) Date the vessel was recovered.
(9) Location of the vessel when recovered.
(10) Names and telephone numbers of
contacts not listed under paragraph
(a)(4) of this section.

A participating State must comply
with the following requirements:
(a) Collect the required information
listed in subpart B of this part and provide that information to VIS under the
applicable Coast Guard-State Memorandum of Agreement.
(b) Obtain specific evidence of ownership, such as the COO or current certificate of title and/or number, to identify a vessel’s owner.
(c) Retain previously issued evidence
of ownership, such as certificate of
number, title, or Certificate of Documentation, and notify the issuing authority or the Coast Guard by mail or
electronic message.
(d) Retain information identifying
the type of evidence used to establish
the accuracy of the information required to be made available to VIS and
make it available to the Commandant
upon request.
(e) Update the information required
to be made available to VIS by providing, within 48 hours, a copy of transactions that enter, modify, or cancel
records in the vessel files.

Subpart C—Requirements for
Participating in VIS
§ 187.201 What are the compliance requirements for a participating
State?

§ 187.203 What are the voluntary provisions for a participating State?
A participating State may—
(a) Provide VIS with the optional information listed in subpart B of this
part;
(b) Make available to VIS updated information provided by the vessel
owner, government agency, or secured
party about a vessel that has been
moved to a non-participating State of
principal operation; and
(c) Interact with non-participating
States to make information available
to, or request information from, VIS

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Coast Guard, DHS

§ 187.307

concerning a vessel or nationwide statistics.

Subpart D—Guidelines for State
Vessel Titling Systems
§ 187.301 What are the eligibility requirements for certification of a
State titling system to confer preferred mortgage status?
The Commandant, under 46 U.S.C.
31322(d)(1)(A) and § 187.13, may certify a
State vessel titling system that meets
the requirements of this subpart as
complying with the guidelines for vessel titling systems. This certification
is for the purpose of conferring preferred mortgage status on a mortgage,
instrument, or agreement granting a
security interest perfected under State
law, covering the whole of a vessel titled in that State. The State must also
comply with the VIS participation requirements of § 187.11 and subpart C of
this part and make vessel information
it collects available to VIS.
§ 187.303 What terms must a State define?
A State must define the terms ‘‘certificate of origin’’, ‘‘dealer’’, ‘‘documented vessel’’, ‘‘issuing authority’’,
‘‘manufacturer’’, ‘‘owner’’, ‘‘person’’,
‘‘secured party’’, ‘‘security interest’’,
‘‘titling authority’’, and ‘‘vessel’’ substantially as defined in § 187.7.

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§ 187.304 What vessels must be titled?
A State must require that all vessels
required to be numbered in the State
under 46 U.S.C. chapter 123 be titled
only in that State, if that State issues
titles to that class of vessels.
§ 187.305 What are the requirements
for applying for a title?
(a) A State must require application
for a title within a specified period of
time, not to exceed 60 days, after a vessel required to be titled is first purchased, ownership is transferred, or
there is a change in vessel data listed
on the certificate of title.
(b) A State must require disclosure in
its titling application form of any secured party holding an unsatisfied security interest in the vessel.
(c) The application must include an
entry for identification of the State or

country in which the vessel was last
numbered, titled, documented, or registered under the laws of a foreign
country.
(d) A State must require that a COO
for a vessel be submitted together with
the application for any new vessel not
previously numbered, titled, documented, or registered under the laws of
a foreign country.
(e) A State must require that the application include a signed certification
that the statements made are true and
correct to the best of the applicant’s
knowledge, information, and belief,
under penalty of perjury or similar
penalties as prescribed by State law.
§ 187.307 What are dealer and manufacturer provisions?
A State must include the following
provisions applicable to any dealer or
manufacturer building, buying, acquiring, selling, or transferring a vessel in
that State:
(a) Dealers or manufacturers must
not be allowed to apply for a certificate of title for a vessel not required to
be numbered. Dealers or manufacturers
owning a new or used vessel primarily
used in their business, held for sale or
lease, and required to be numbered
may be permitted or required to apply
for a certificate of title for the vessel.
The State may impose other reporting
requirements on dealers or manufacturers.
(b) Dealers or manufacturers transferring a vessel required to be titled in
the name of the dealer or manufacturer
must be required to assign the title to
the new owner or, for a new vessel, assign a COO for a new vessel. Dealers or
manufacturers transferring a vessel
permitted to be titled in their name
must be required to assign to the new
owner any certificate of title which has
been issued and not surrendered.
(c) Dealers or manufacturers must
not be permitted to provide a redundant COO if VIS contains information
concerning the vessel.
(d) Dealers or manufacturers must be
permitted to provide a redundant COO
to the vessel owner only upon receipt
of information concerning the original
certificate and the circumstances of its
loss, theft, mutilation, or destruction
and receipt of any recovered original

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§ 187.309

33 CFR Ch. I (7–1–11 Edition)

COO or remains from the vessel owner.
This information must be declared
under penalty of perjury or similar
penalties as prescribed by State law.
The term ‘‘REDUNDANT’’ must be
clearly and permanently marked on
the face of a redundant COO.
(e) Dealers or manufacturers must be
required to maintain for at least 3
years a record of any vessel bought,
sold, exchanged, or received for sale or
exchange, and open such records for inspection by the State.
§ 187.309 What are the requirements
for transfer of title?
To complete the sale, assignment, or
transfer of a titled vessel, a State must
require that a manufacturer, dealer, or
individual must deliver the vessel’s
certificate of title to the new owner or
new owner’s designee, except for transfers by operation of law or order of
court.
§ 187.311 What are the application requirements for a certificate of title
because of a transfer by operation
of law or order of court?
A State must require a new owner to
apply for a certificate of title within a
specified period of time, not to exceed
60 days, after ownership of a vessel is
transferred by operation of law or
order of court. This application must
include an original or authenticated
copy of the legal transfer document.

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§ 187.313 Must a State honor a prior
State title, Coast Guard documentation, and foreign registry?
(a) A State must honor a title issued
by another State as proof of ownership
for transfer or sale of a vessel and for
applying for a certificate of number or
title in the new State of principal operation.
(b) A State must honor a Coast
Guard-issued Certificate of Ownership
or a Certificate of Deletion as proof of
ownership and deletion from documentation.
(c) A State must honor an authenticated copy of a foreign registry, or evidence of deletion from the foreign registry, as proof of ownership and deletion from the foreign registry.

§ 187.315 What happens when a title is
surrendered for the purposes of
documentation?
A State title is invalid when it is surrendered to the Coast Guard in exchange for a Certificate of Documentation. Upon notification from the Coast
Guard of the surrender of a title, a
State must process the cancellation of
the title.
§ 187.317 What information must be on
a certificate of title?
(a) A certificate of title must contain
the following information concerning
the vessel:
(1) Names of all owners (individuals,
businesses, and organizations).
(2) Address of one individual, business, or organization owning the vessel.
(3) Title number.
(4) Date of issuance of title.
(5) Vessel identifier under § 187.9.
(6) Name of manufacturer, builder, or
make.
(7) Model year, manufacture year, or
year built.
(8) Overall length.
(9) Vessel type. Authorized terms are
‘‘open motorboat’’, ‘‘cabin motorboat’’,
‘‘auxiliary sail’’, ‘‘sail only’’, ‘‘personal
watercraft’’, ‘‘pontoon’’, ‘‘houseboat’’,
‘‘rowboat’’, ‘‘canoe/kayak’’, or ‘‘other’’.
(10) Hull material. Authorized terms
are ‘‘wood’’, ‘‘aluminum’’, ‘‘steel’’, ‘‘fiberglass’’, ‘‘rigid hull inflatable’’,
‘‘rubber/vinyl/canvas’’, or ‘‘other’’.
(11) Propulsion type. Authorized
terms are ‘‘propeller’’, ‘‘sail’’, ‘‘water
jet’’, ‘‘air thrust’’, or ‘‘manual’’.
(12) Engine drive type. Authorized
terms are ‘‘outboard’’, ‘‘inboard’’, or
‘‘inboard/stern drive’’.
(13) Name of each secured party.
(14) Address (city and State) of each
secured party.
(15) Recording or perfection date of
new security interest and original recording or perfection date of any security interest outstanding.
(b) Space must be provided on the
title form for assignment of interests
in the vessel, with a signed certification that the statements made are
true and correct to the best of the owner’s knowledge, information, and belief, under penalty of perjury or similar
penalties as prescribed by State law.

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Coast Guard, DHS

§ 187.325

§ 187.319 What are the requirements
for applying for a redundant title?
(a) A State must require the holder
(owner or secured party) of an original
title to apply for a redundant title
after the discovery of the loss, theft,
mutilation, or destruction of the original.
(b) The holder must provide information, declared under penalty of perjury
or similar penalties as prescribed by
State law, concerning the original certificate and the circumstances of its
loss, theft, mutilation, or destruction.
(c) The holder must surrender to the
State any recovered original title or
remains.
(d) The State must clearly and permanently mark the face of a redundant
certificate of title with the term ‘‘REDUNDANT.’’

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§ 187.321 What are the hull identification number (HIN) provisions?
A State must—
(a) Upon proof of ownership, assign
an HIN and require that it be affixed to
a vessel that does not have an HIN at
the time of application for certificate
of number or title; and
(b) Prohibit removal or alteration of
an HIN without authorization from the
Commandant.
§ 187.323 What are the procedures for
perfection of security interests?
(a) A State must specify, at a minimum, the following procedures for
perfection of a security interest in a
vessel titled in that State:
(1) Submission of an application for
new or amended certificate of title on
which the secured party must be noted.
(2) Surrender of any outstanding certificate of number and any outstanding
title issued by another State.
(3) Surrender of the Certificate of
Documentation of any documented vessel that is to be numbered and titled by
the State.
(4) Submission of an authenticated
copy of any foreign registry of the vessel and evidence of deletion from the
foreign registry of the vessel that is to
be numbered and titled by the State.
(5) Determination of the date of perfection.
(b) A State must recognize, under 46
U.S.C. 31322(e)(1), that, if a vessel is

covered by a preferred mortgage when
an application for a certificate of title
is filed in that State, then the status of
the preferred mortgage covering the
vessel is determined by the law of the
jurisdiction in which the vessel is currently titled or documented.
(c) A State must recognize, under 46
U.S.C. 31322(d)(2), that, if a vessel titled
in a State is covered by a preferred
mortgage, that mortgage will continue
to be a preferred mortgage even if the
vessel is no longer titled in the State
where the mortgage, instrument, or
agreement granting a security interest
perfected under State law became a
preferred mortgage.
(d) A State must recognize, under 46
U.S.C. 31322(d)(1), the preferred status
of a mortgage, instrument, or agreement granting a security interest perfected under State law covering the
whole of a vessel titled in a State after
the Commandant has certified that
State’s titling system and the State
participates in VIS with respect to the
vessel.
(e) The State must provide that the
perfection procedures required to be established under this section do not
apply to—
(1) A lien given by statute or rule of
law to a supplier of services or materials for the vessel;
(2) A lien given by statute to the
United States, a State, or a political
subdivision thereof;
(3) A lien arising out of an attachment of a vessel;
(4) A security interest in a vessel created by a dealer or manufacturer who
holds the vessel for sale, irrespective of
whether the vessel is titled;
(5) A security interest claimed in a
vessel’s proceeds, as defined in the Uniform Commercial Code in effect in the
State, if the security interest in the
vessel did not have to be noted on a
vessel’s title in order to be perfected;
or
(6) Any vessel for which a certificate
of title is not required in the State.
§ 187.325 Is a State required to specify
procedures for the assignment of a
security interest?
Yes, a State must specify the procedures that apply to the assignment of a

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§ 187.327

33 CFR Ch. I (7–1–11 Edition)

security interest in a vessel titled in
that State.
§ 187.327 What are a State’s responsibilities concerning a discharge of
security interests?
A State must specify the evidence
and information that a secured party is
required to submit regarding discharge
of a security interest and establish procedures for its submission.
§ 187.329 Who prescribes and provides
the forms to be used?
A State must prescribe and provide
the forms needed to comply with the
titling system.

rfrederick on DSK29S0YB1PROD with CFR

§ 187.331 What information is to be retained by a State?
A State must retain the evidence
used to establish the accuracy of the

information required for vessel titling
purposes and make it available on request to the Coast Guard, participating
States, and law enforcement authorities.
APPENDIX A TO PART 187—
PARTICIPATING AUTHORITIES
The following States comply with the requirements for participating in VIS:
[Reserved]

APPENDIX

B TO PART 187—PARTICIPATING AND CERTIFIED TITLING AUTHORITIES

The following States comply with the requirements for participating in VIS and have
a certified titling system: [Reserved]

PARTS 188–199 [RESERVED]

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