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pdfSUBCHAPTER G—DOCUMENTATION AND MEASUREMENT OF
VESSELS
PART 66
67.61 Extent of title evidence required for
vessels returning to documentation.
67.63 Extent of title evidence required for
captured, forfeited, special legislation,
and wrecked vessels.
[RESERVED]
PART 67—DOCUMENTATION OF
VESSELS
Subpart E—Acceptable Title Evidence;
Waiver
Subpart A—General
Sec.
67.1 Purpose.
67.3 Definitions.
67.5 Vessels eligible for documentation.
67.7 Vessels requiring documentation.
67.9 Vessels excluded from or exempt from
documentation.
67.11 Restriction on transfer of an interest
in documented vessels to foreign persons;
foreign registry or operation.
67.12 Right of appeal.
67.13 Incorporation by reference.
67.14 OMB control numbers assigned pursuant to the Paperwork Reduction Act.
Subpart B—Forms of Documentation;
Endorsements; Eligibility of Vessel
67.15 Form of document—all endorsements.
67.17 Registry endorsement.
67.19 Coastwise or Great Lakes endorsement.
67.21 Fishery endorsement.
67.23 Recreational endorsement.
Subpart C—Citizenship Requirements for
Vessel Documentation
67.30 Requirement for citizen owner.
67.31 Stock or equity interest requirements.
67.33 Individual.
67.35 Partnership.
67.36 Trust.
67.37 Association or joint venture.
67.39 Corporation.
67.41 Governmental entity.
67.43 Evidence of citizenship.
67.45 Citizenship savings provision for fishing vessels.
67.47 Requirement for Maritime Administration approval.
Subpart D—Title Requirements for Vessel
Documentation
67.50 Requirement for title evidence.
67.53 Methods of establishing title.
67.55 Requirement for removal from foreign
registry.
67.57 Extent of title evidence required for
initial documentation.
67.59 Extent of title evidence required for
change in ownership of a documented
vessel.
67.70 Original owner.
67.73 Transfers prior to documentation.
67.75 Transfers by sale or donation subsequent to documentation.
67.77 Passage of title by court action.
67.79 Passage of title without court action
following death of owner.
67.81 Passage of title in conjunction with a
corporate merger or similar transaction.
67.83 Passage of title by extra-judicial repossession and sale.
67.85 Change in general partners of partnership.
67.87 Change of legal name of owner.
67.89 Waiver of production of a bill of sale
eligible for filing and recording.
67.91 Passage of title pursuant to operation
of State law.
Subpart F—Build Requirements for Vessel
Documentation
67.95 Requirement for determination.
67.97 United States built.
67.99 Evidence of build.
67.101 Waiver of evidence of build.
Subpart G—Tonnage and Dimension
Requirements for Vessel Documentation
67.105
67.107
Requirement for determination.
System of measurement; evidence.
Subpart H—Assignments and Designations
Required for Vessel Documentation
67.111 Assignment of official number.
67.113 Managing owner designation; address;
requirement to report change of address.
67.117 Vessel name designation.
67.119 Hailing port designation.
Subpart I—Marking Requirements for
Vessel Documentation
67.120 General requirement.
67.121 Official number marking requirement.
67.123 Name and hailing port marking requirements.
67.125 Disputes.
328
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Pt. 67
67.215 Date and time of filing.
67.217 Termination of filing and disposition
of instruments.
67.219 Optional filing of instruments by facsimile.
Subpart J—Application for Special
Qualifications for Vessel Documentation
67.130
67.131
67.132
67.133
67.134
Submission of applications.
Forfeited vessels.
Special legislation.
Wrecked vessels.
Captured vessels.
Subpart K—Application for Documentation,
Exchange or Replacement of Certificate of Documentation, or Return to
Documentation; Mortgagee Consent;
Validation
67.141 Application procedure; all cases.
67.143 Restriction on withdrawal of application.
67.145 Restrictions on exchange; requirement and procedure for mortgagee consent.
67.149 Exchange of Certificate of Documentation; vessel at sea.
67.151 Replacement of Certificate of Documentation; special procedure for wrongfully withheld document.
Subpart L—Validity of Certificates of Documentation; Renewal of Endorsement;
Requirement for Exchange, Replacement, Deletion, Cancellation
67.161 Validity of Certificate of Documentation.
67.163 Renewal of endorsement.
67.165 Deposit of Certificate of Documentation.
67.167 Requirement for exchange of Certificate of Documentation.
67.169 Requirement for replacement of Certificate of Documentation.
67.171 Deletion; requirement and procedure.
67.173 Cancellation; requirement and procedure.
Subpart M—Miscellaneous Applications
67.175 Application for new vessel determination.
67.177 Application for foreign rebuilding determination.
Subpart N
[Reserved]
Subpart O—Filing and Recording of
Instruments—General Provisions
67.200 Instruments eligible for filing and recording.
67.203 Restrictions on filing and recording.
67.205 Requirement for vessel identification.
67.207 Requirement for date and acknowledgment.
67.209 Required number of copies.
67.211 Requirement for citizenship declaration.
67.213 Place of filing and recording.
Subpart P—Filing and Recording of Instruments—Bills of Sale and Related Instruments
67.220
67.223
Requirements.
Filing limitation.
Subpart Q—Filing and Recording of Instruments—Mortgages, Preferred Mortgages, and Related Instruments
67.231 General requirements; optional application for filing and recording.
67.233 Restrictions on recording mortgages,
preferred mortgages, and related instruments.
67.235 Requirements for mortgages.
67.237 Requirements for assignments of
mortgages.
67.239 Requirements for assumptions of
mortgages.
67.241 Requirements for amendments of or
supplements to mortgages.
67.243 Requirements for instruments subordinating mortgages.
67.245 Requirements for interlender agreements.
Subpart R—Filing and Recording of Instruments—Notices of Claim of Lien and
Supplemental Instruments
67.250 General requirements.
67.253 Requirements for notices of claim of
lien.
67.255 Restrictions on filing and recording.
67.257 Requirements for assignments of notices of claim of lien.
67.259 Requirements for amendments to notice of claim of lien.
Subpart S—Removal of Encumbrances
67.261 General requirements.
67.263 Requirement for removal of encumbrances by court order, affidavit, or Declaration of Forfeiture.
67.265 Requirements for instruments evidencing satisfaction or release.
Subpart T—Abstracts of Title, and
Certificates of Ownership
67.301
67.303
Issuance of Abstract of Title.
Issuance of Certificate of Ownership.
Subpart U—Special Provisions
67.311 Alteration of Certificate of Documentation.
329
§ 67.1
46 CFR Ch. I (10–1–98 Edition)
67.313 Requirement to have Certificate of
Documentation on board.
67.315 Requirement to produce Certificate of
Documentation.
67.317 Requirement to renew endorsements
on the Certificate of Documentation.
67.319 Requirement to report change in vessel status and surrender Certificate of
Documentation.
67.321 Requirement to report change of address of managing owner.
67.323 Operation without documentation.
67.325 Violation of endorsement.
67.327 Operation under Certificate of Documentation with invalid endorsement.
67.329 Unauthorized name change.
67.331 Improper markings.
Subparts V–X
[Reserved]
Subpart Y—Fees
67.500 Applicability.
67.501 Application for Certificate of Documentation.
67.503 Application for exchange or replacement of a Certificate of Documentation.
67.505 Application for return of vessel to
documentation.
67.507 Application for replacement of lost or
mutilated Certificate of Documentation.
67.509 Application for approval of exchange
of Certificate of Documentation requiring mortgagee consent.
67.511 Application for trade endorsement(s).
67.513 Application for evidence of deletion
from documentation.
67.515 [Reserved]
67.517 Application for late renewal.
67.519 Application for waivers.
67.521 Application for new vessel determination.
67.523 Application for wrecked vessel determination.
67.525 Application for determination of rebuild.
67.527 Application for filing and recording
bills of sale and instruments in the nature of a bill of sale.
67.529 Application for filing and recording
mortgages and related instruments.
67.531 Application for filing and recording
notices of claim of lien.
67.533 Application for Certificate of Compliance.
67.535 Issuance of Abstract of Title.
67.537 Issuance of Certificate of Ownership.
67.539 Copies of instruments and documents.
67.540 Facsimile handling fee.
67.550 Fee table.
AUTHORITY: 14 U.S.C. 664; 31 U.S.C. 9701; 42
U.S.C. 9118; 46 U.S.C. 2103, 2107, 2110; 46 U.S.C.
app. 841a, 876; 49 CFR 1.45, 1.46.
SOURCE: CGD 89–007, CGD 89–007a, 58 FR
60266, Nov. 15, 1993, unless otherwise noted.
Subpart A—General
§ 67.1
Purpose.
A Certificate of Documentation is required for the operation of a vessel in
certain trades, serves as evidence of
vessel nationality, and permits a vessel
to be subject to preferred mortgages.
§ 67.3
Definitions.
The following definitions are for
terms used in this part.
Acknowledgment means:
(a) An acknowledgment or notarization in any form which is in substantial compliance with the Uniform Acknowledgments Act, the Uniform Recognition of Acknowledgments Act, the
Uniform Law on Notarial Acts, or the
statutes of the State within which it is
taken, made before a notary public or
other official authorized by a law of a
State or the United States to take acknowledgment of deeds;
(b) An acknowledgment or notarization before a notary or other official
authorized to take acknowledgments of
deeds by the law of a foreign nation
which is a party to the Hague Convention Abolishing the Requirement for
Legalisation of Public Documents, 1961,
provided that the acknowledgment or
notarization is accompanied by the certificate described in Article 3 of that
Convention; or
(c) Any attestation which is substantially in the following form:
State:
County:
On [date] the person(s) named above acknowledged execution of the foregoing instrument in their stated capacity(ies) for the
purpose therein contained.
Notary Public
My commission expires: [date]
Captured vessel means a vessel which
has been taken by citizens of the
United States during a period of war
and is thereafter condemned as a prize
by a court of competent jurisdiction.
Certification of Documentation means
form CG–1270.
Citizen, unless expressly provided
otherwise, means a person meeting the
applicable citizenship requirements of
subpart C of this part as a United
States citizen.
330
Coast Guard, DOT
§ 67.3
Coastwise trade includes the transportation of passengers or merchandise between points embraced within the
coastwise laws of the United States.
Commandant means the Commandant
of the United States Coast Guard.
Documentation officer means the
Coast Guard official who is authorized
to process and approve applications
made under this part, and record instruments authorized to be filed and
recorded under this part.
Documented vessel means a vessel
which is the subject of a valid Certificate of Documentation.
Endorsement means an entry which
may be made on a Certificate of Documentation, and which, except for a recreational endorsement, is conclusive
evidence that a vessel is entitled to engage in a specified trade.
NOTE: Rulings and interpretations concerning what activities constitute coastwise
trade and the fisheries can be obtained from
the U.S Customs Service, 1300 Pennsylvania
Avenue, NW, Ronald Reagan Building, Washington DC 20229 (Entry Procedures and Carriers Branch).
Exclusive Economic Zone (EEZ) means
the zone established by Presidential
Proclamation Numbered 5030, dated
March 10, 1983 (48 FR 10105, 3 CFR, 1983
Comp., p. 22).
Fisheries includes processing, storing,
transporting (except in foreign commerce), planting, cultivating, catching,
taking, or harvesting fish, shellfish,
marine animals, pearls, shells, or marine vegetation in the navigable waters
of the United States or in the Exclusive Economic Zone.
Forfeited vessel means a vessel:
(1) Which has been adjudged forfeited
by a Federal District Court to the Federal Government of the United States
for a breach of its laws; or
(2) Which has been forfeited under an
administrative forfeiture action to the
Federal Government of the United
States for a breach of its laws; or
(3) Which has been seized by the Federal Government of the United States
for a breach of its laws and which has
been sold at an interlocutory sale, the
proceeds of which have been adjudged
forfeited by a Federal District Court to
the Federal Government of the United
States. A vessel is considered forfeited
within the meaning of this definition
even if the proceeds, though adjudged
forfeited to the United States, do not
actually accrue to the United States.
Hull means the shell, or outer casing,
and internal structure below the main
deck which provide both the flotation
envelope and structural integrity of
the vessel in its normal operations. In
the case of a submersible vessel, the
term includes all structural members
of the pressure envelope.
Manufacturer’s Certificate of Origin
means a certificate issued under the
law or regulation of a State, evidencing
transfer of a vessel from the manufacturer as defined in 33 CFR part 181 to
another person.
National Vessel Documentation Center
means the organizational unit designated by the Commandant to process
vessel documentation transactions and
maintain
vessel
documentation
records. The address is: National Vessel
Documentation Center, 2039 Stonewall
Jackson Drive, Falling Waters, WV
25419. Telephone: (800) 799-VDOC (8362).
New vessel means a vessel:
(1) The hull and superstructure of
which are constructed entirely of new
materials; or
(2) Which is constructed using structural parts of an existing vessel, which
parts have been torn down so that they
are no longer advanced to a degree
which would commit them to use in
the building of a vessel.
Officer in Charge, Marine Inspection
(OCMI) means the Coast Guard official
designated as such by the Commandant, under the superintendence
and direction of a Coast Guard District
Commander, who is in charge of an inspection zone in accordance with regulations set forth in 46 CFR part 1.
Person means an individual, corporation, partnership, association, joint
venture, trust arrangement, the government of the United States, a State
or political subdivision thereof, and includes a trustee, beneficiary, receiver,
or similar representative of any of
them.
Registration means a certificate of
number issued pursuant to rules in 33
CFR part 173, a record under the maritime laws of a foreign country, or a
certificate issued by a political subdivision of a foreign country.
331
§ 67.5
46 CFR Ch. I (10–1–98 Edition)
Secretary means the Secretary of
Transportation.
State means a State of the United
States or a political subdivision thereof, Guam, Puerto Rico, the Virgin Islands, American Samoa, the District of
Columbia, the Northern Mariana Islands, and any other territory or possession of the United States.
Superstructure means the main deck
and any other structural part above
the main deck.
United States, when used in a geographic sense means the States of the
United States, Guam, Puerto Rico, the
Virgin Islands, American Samoa, the
District of Columbia, the Northern
Mariana Islands, and any other territory or possession of the United States,
except that for purposes of § 67.19(d)(3)
trust territories are not considered to
be part of the United States.
Vessel includes every description of
watercraft or other contrivance capable of being used as a means of transportation on water, but does not include aircraft.
Wrecked vessel, under the provisions
of 46 U.S.C. app. 14, means a vessel
which:
(1) Has incurred substantial damage
to its hull or superstructure as a result
of natural or accidental causes which
occurred in the United States or its adjacent waters; and
(2) Has undergone, in a shipyard in
the United States or its possessions, repairs equaling three times the appraised salved value of the vessel.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993, as amended by CGD 95–014, 60 FR
31603, June 15, 1995; CDG 94–070, 60 FR 40241,
Aug. 7, 1995; CGD 95–012, 60 FR 48050, Sept. 18,
1995; USCG–1998–4442, 63 FR 52190, Sept. 30,
1998]
§ 67.5 Vessels eligible for documentation.
Any vessel of at least five net tons
wholly owned by a citizen or citizens of
the United States is eligible for documentation under this part. This includes, but is not limited to, vessels
used exclusively for recreational purposes and vessels used in foreign trade.
§ 67.7 Vessels
tion.
requiring
documenta-
Any vessel of at least five net tons
which engages in the fisheries on the
navigable waters of the United States
or in the Exclusive Economic Zone,
Great Lakes trade, or coastwise trade,
unless exempt under § 67.9(c), must
have a Certificate of Documentation
bearing a valid endorsement appropriate for the activity in which engaged.
§ 67.9 Vessels excluded from or exempt
from documentation.
(a) A vessel of less than five net tons
is excluded from documentation.
(b) A vessel which does not operate
on the navigable waters of the United
States or in the fisheries in the Exclusive Economic Zone is exempt from the
requirement to have a Certificate of
Documentation.
(c) A non-self-propelled vessel, qualified to engage in the coastwise trade is
exempt from the requirement to be
documented with a coastwise endorsement when engaged in coastwise trade:
(1) Within a harbor;
(2) On the rivers or lakes (except the
Great Lakes) of the United States; or
(3) On the internal waters or canals
of any State.
(d) A vessel exempt from the requirement to be documented by paragraph
(b) or (c) of this section may be documented at the option of the owner, provided it meets the other requirements
of this part.
§ 67.11 Restriction on transfer of an interest in documented vessels to foreign persons; foreign registry or operation.
(a) Unless approved by the Maritime
Administration—
(1) A documented vessel or a vessel
last documented under the laws of the
United States may not be placed under
foreign registry or operated under the
authority of a foreign country.
(2) A documented vessel or a vessel
last documented under the laws of the
United States owned by a citizen of the
United States as defined in section 2 of
the Shipping Act, 1916 (46 U.S.C. app.
802), may not be sold, mortgaged,
332
Coast Guard, DOT
§ 67.15
leased, chartered, delivered, or otherwise transferred to any person who is
not a citizen of the United States as
defined in section 2 of the Shipping
Act, 1916 (46 U.S.C. app. 802).
(b) The restrictions in paragraph
(a)(2) of this section do not apply to a
vessel that has been operated only as:
(1) A fishing vessel, fish processing
vessel, or fish tender vessel as defined
in 46 U.S.C. 2101;
(2) A recreational vessel; or
(3) Both.
NOTE: For purposes of carrying out its responsibilities under the provisions of this
part only, the Coast Guard will deem a vessel
which has been documented exclusively with
a fishery or recreational endorsement or
both from the time it was first documented,
or for a period of not less than one year prior
to foreign transfer or registry, to qualify for
the exemption granted in paragraph (b) of
this section.
§ 67.12 Right of appeal.
Any person directly affected by a decision or action taken under this part
by or on behalf of the Coast Guard may
appeal therefrom in accordance with
subpart 1.03 of this chapter.
§ 67.13 Incorporation by reference.
(a) Certain material is incorporated
by reference into this part with the approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. To enforce any edition
other than that specified in paragraph
(b) of this section, the Coast Guard
must publish notice of change in the
FEDERAL REGISTER and the material
must be available to the public. All approved material may be inspected at
the Office of the Federal Register, 800
North Capitol Street, NW., suite 700,
Washington, DC and at the U.S. Coast
Guard, National Vessel Documentation
Center, 2039 Stonewall Jackson Drive,
Falling Waters, WV 25419 and is available from the source indicated in paragraph (b) of this section.
(b) The material approved for incorporation by reference in this part and
the section affected is as follows:
U.S. Department of Commerce, National Technical Information Service, Springfield, VA 22181
Federal Information Processing Standards Publication 55DC, Guideline:
Codes For Named Populated Places,
Primary County Divisions, And
Other Locational Entities of the
United States and Outlying Areas
(1987)—67.119
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993, as amended by CGD 95–070, 60 FR
40241, Aug. 7, 1995]
§ 67.14 OMB control numbers assigned
pursuant to the Paperwork Reduction Act.
(a) Purpose. This section collects and
displays the control numbers assigned
to information collection and recordkeeping requirements in this subchapter by the Office of Management
and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980 (44
U.S.C. 3501 et seq.). The Coast Guard intends that this section comply with the
requirements of 44 U.S.C. 3507(f) which
requires that agencies display a current control number assigned by the
Director of the OMB for each approved
agency information collection requirement.
(b) Display.
46 CFR part or section where identified or described
Current
OMB control No.
Part 67 ...............................................................
Part 68 ...............................................................
2115–0110
2115–0110
Subpart B—Forms of Documentation; Endorsements; Eligibility
of Vessel
§ 67.15 Form of document—all endorsements.
(a) The form of document is a Certificate of Documentation, form CG–1270.
(b) Upon application in accordance
with subpart K of this part and determination of qualification by the Manager, National Vessel Documentation
Center, a Certificate of Documentation
may be issued with a registry, coastwise, Great Lakes, fishery, or recreational endorsement.
(c) A Certificate of Documentation
may bear simultaneous endorsements
for recreation and more than one trade,
including operation under 46 CFR part
68.
NOTE: Where a vessel possesses a Certificate of Documentation bearing more than
one endorsement, the actual use of the vessel
333
§ 67.17
46 CFR Ch. I (10–1–98 Edition)
determines the endorsement under which it
is operating.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993; 58 FR 65131, Dec. 13, 1993, as amended
by CGD 95–014, 60 FR 31604, June 15, 1995]
§ 67.17 Registry endorsement.
(a) A registry endorsement entitles a
vessel to employment in the foreign
trade; trade with Guam, American
Samoa, Wake, Midway, or Kingman
Reef; and any other employment for
which a coastwise, Great Lakes, or
fishery endorsement is not required.
(b) Any vessel eligible for documentation under § 67.5 is eligible for a
registry endorsement.
(c) A vessel otherwise eligible for a
registry endorsement for which the
Maritime Administration has not given
approval for unrestricted transfer pursuant to 46 CFR part 221 loses that eligibility during any period in which it is
mortgaged to a person not identified in
§ 67.233(b).
§ 67.19 Coastwise or Great Lakes endorsement.
(a) A coastwise endorsement entitles
a vessel to employment in unrestricted
coastwise trade, dredging, towing, and
any other employment for which a registry, fishery, or Great Lakes endorsement is not required.
(b) A Great Lakes endorsement entitles a vessel to employment in the
Great Lakes trade, towing in the Great
Lakes, and any other employment for
which a registry, fishery, or coastwise
endorsement is not required.
(c) If eligible for documentation and
not restricted from coastwise or Great
Lakes trade by paragraph (d) or (e) of
this section, the following vessels are
eligible for a coastwise or Great Lakes
endorsement or both:
(1) Vessels built in the United States
(§ 67.97);
(2) Forfeited vessels (§ 67.131);
(3) Vessels granted coastwise trading
privileges
by
special
legislation
(§ 67.132);
(4) Wrecked vessels (§ 67.133);
(5) Captured vessels (§ 67.134); and
(6) Vessels purchased, chartered, or
leased from the Secretary of Transportation by persons who are citizens of
the United States (46 U.S.C. app. 808).
(d) A vessel otherwise eligible for a
coastwise or Great Lakes endorsement
under paragraph (c) of this section permanently loses that eligibility if:
(1) It is thereafter sold in whole or in
part to an owner:
(i) Not a citizen as defined in subpart
C of this part, or
(ii) Not a person permitted to document vessels pursuant to 46 CFR part
68;
(2) It is thereafter registered under
the laws of a foreign country;
(3) It undergoes rebuilding as defined
in § 67.177 outside of the United States;
or
(4) It is a crude oil tanker of 20,000
deadweight tons or above, and after October 17, 1978, has segregated ballast
tanks, a crude oil washing system, or
an inert gas system installed outside of
the United States as defined in § 67.3.
(e) A vessel otherwise eligible for a
coastwise or Great Lakes endorsement
under paragraph (c) of this section
loses that eligibility, except as provided in paragraph (f) of this section,
during any period in which it is:
(1) Owned by a corporation which
does not meet the citizenship requirements of § 67.39(b);
(2) Owned by a partnership which
does not meet the citizenship requirements of § 67.35(a)(2); or
(3) Mortgaged to a person not identified in § 67.233(b).
(f) The restriction imposed by paragraph (e)(2) of this section does not
apply to any vessel for which the Maritime Administration has given approval for unrestricted transfer pursuant to regulations set forth in 46 CFR
part 221.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993; 58 FR 65131, Dec. 13, 1993, as amended
by CGD 94–008, 59 FR 49846, Sept. 30, 1994;
CGD 94-040, 61 FR 17815, Apr. 22, 1996]
§ 67.21 Fishery endorsement.
(a) A fishery endorsement entitles a
vessel to employment in the fisheries
as defined in § 67.3, subject to Federal
and State laws regulating the fisheries,
and in any other employment for which
a registry, coastwise, or Great Lakes
endorsement is not required. A fishery
endorsement entitles a vessel to land
its catch, wherever caught, in the
United States.
334
Coast Guard, DOT
§ 67.31
(b) If eligible for documentation and
not restricted from the fisheries by
paragraph (c) of this section, the following vessels are eligible for a fishery
endorsement:
(1) Vessels built in the United States
(§ 67.97);
(2) Forfeited vessels (§ 67.131);
(3) Vessels granted fisheries privileges by special legislation(§ 67.132);
(4) Wrecked vessels (§ 67.133); and
(5) Captured vessels (§ 67.134).
(c) A vessel otherwise eligible for a
fishery endorsement under paragraph
(b) of this section permanently loses
that eligibility if it undergoes rebuilding as defined in § 67.177 outside of the
United States.
(d) A vessel otherwise eligible for a
fishery endorsement under paragraph
(b) of this section and not protected by
the savings provision in § 67.45, loses
that eligibility during any period in
which it is owned by a partnership
which does not meet the requisite citizenship requirements of § 67.35(a), or by
a corporation which does not meet the
citizenship requirements of § 67.39(d).
[CGD 89-007, CGD 89-007A, 58 FR 60266, Nov.
15, 1993, as amended by CGD 94-040, 61 FR
17815, Apr. 22, 1996]
§ 67.23 Recreational endorsement.
(a) A recreational endorsement entitles a vessel to pleasure use only.
(b) Any vessel eligible for documentation under § 67.5 is eligible for a
recreational endorsement.
NOTE: A vessel having a Certificate of Documentation endorsed only for recreation
may be bareboat chartered only for recreational use. Guidance on the elements of a
valid bareboat charter should be obtained
through private legal counsel.
Subpart C—Citizenship Requirements for Vessel Documentation
§ 67.30 Requirement for citizen owner.
Certificates of Documentation may
be issued under this part only to vessels which are wholly owned by United
States citizens. Pursuant to extraordinary legislation at 46 U.S.C. app. 883–
1 (Bowater Amendment) and 46 U.S.C.
12106(d) (Oil Pollution Act of 1990), Certificates of Documentation with lim-
ited endorsements may be issued in accordance with part 68 of this chapter to
vessels owned by certain persons who
are not citizens as defined in this part.
§ 67.31 Stock or equity interest requirements.
(a) The stock or equity interest requirements for citizenship under this
subpart encompass: Title to all classes
of stock; title to voting stock; and
ownership of equity. An otherwise
qualifying corporation or partnership
may fail to meet stock or equity interest requirements because: Stock is subject to trust or fiduciary obligations in
favor of non-citizens; non-citizens exercise, directly or indirectly, voting
power; or non-citizens, by any means,
exercise control over the entity. The
applicable stock or equity interest requirement is not met if the amount of
stock subject to obligations in favor of
non-citizens, non-citizen voting power,
or non-citizen control exceeds the percentage of the non-citizen interest permitted.
(b) For the purpose of this section,
control includes an absolute right to:
Direct corporate or partnership business; limit the actions of or replace the
chief executive officer, a majority of
the board of directors, or any general
partner; direct the transfer or operations of any vessel owned by the corporation or partnership; or otherwise
exercise authority over the business of
the corporation or partnership. Control
does not include the right to simply
participate in these activities or the
right to receive a financial return, e.g.,
interest or the equivalent of interest
on a loan or other financing obligations.
(c) For purposes of meeting the stock
or equity interest requirements for
citizenship under this subpart where
title to a vessel is held by an entity
comprised, in whole or in part, of other
entities which are not individuals, each
entity contributing to the stock or equity interest qualifications of the entity holding title must be a citizen eligible to document vessels in its own
right with the trade endorsement
sought.
335
§ 67.33
46 CFR Ch. I (10–1–98 Edition)
§ 67.33 Individual.
An individual is a citizen if nativeborn, naturalized, or a derivative citizen of the United States, or otherwise
qualifies as a United States citizen.
§ 67.35 Partnership.
A partnership is a citizen if all its
general partners are citizens, and:
(a) For the purpose of obtaining a
registry or recreational endorsement,
at least 50 percent of the equity interest in the partnership is owned by citizens.
(b) For the purpose of obtaining a
fishery endorsement, more than 50 percent of the equity interest in the partnership is owned by citizens.
(c) For the purpose of obtaining a
coastwise or Great Lakes endorsement
or both, at least 75 percent of the equity interest in the partnership is
owned by citizens.
[CGD 94–008, 59 FR 49846, Sept. 30, 1994]
§ 67.36 Trust.
(a) For the purpose of obtaining a
registry or recreational endorsement, a
trust arrangement is a citizen if:
(1) Each of its trustees is a citizen;
and
(2) Each beneficiary with an enforceable interest in the trust is a citizen.
(b) For the purpose of obtaining a
fishery endorsement, a trust arrangement is a citizen if:
(1) It meets all the requirements of
paragraph (a) of this section; and
(2) More than 50 percent of the equity
interest in the trust is owned by citizens.
(c) For the purpose of obtaining a
coastwise or Great Lakes endorsement
or both, a trust arrangement is a citizen if:
(1) It meets all the requirements of
paragraph (a) of this section; and
(2) At least 75 percent of the equity
interest in the trust is owned by citizens.
[CGD 94–008, 59 FR 49846, Sept. 30, 1994]
§ 67.37 Association or joint venture.
(a) An association is a citizen if each
of its members is a citizen.
(b) A joint venture is a citizen if each
of its members is a citizen.
[CGD 94–008, 59 FR 49846, Sept. 30, 1994]
§ 67.39 Corporation.
(a) For the purpose of obtaining a
registry or a recreational endorsement,
a corporation is a citizen if:
(1) It is incorporated under the laws
of the United States or of a State;
(2) Its chief executive officer, by
whatever title, is a citizen;
(3) Its chairman of the board of directors is a citizen; and
(4) No more of its directors are noncitizens than a minority of the number
necessary to constitute a quorum.
(b) For the purpose of obtaining a
fishery endorsement, a corporation is a
citizen if:
(1) It meets all the requirements of
paragraph (a) of this section; and
(2) More than 50 percent of the stock
interest in the corporation including a
majority of voting shares in the corporation is owned by citizens.
(c) For the purpose of obtaining a
coastwise or Great Lakes endorsement
or both, a corporation is a citizen if:
(1) It meets all the requirements of
paragraph (a) of this section; and
(2) At least 75 percent of the stock interest in the corporation is owned by
citizens.
(d) A corporation which does not
meet the stock interest requirement of
paragraph (c) of this section may qualify for limited coastwise trading privileges by meeting the requirements of
part 68 of this chapter.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993, as amended by CGD 94–008, 59 FR
49847, Sept. 30, 1994]
§ 67.41 Governmental entity.
A governmental entity is a citizen
for the purpose of obtaining a vessel
document if it is an entity of the Federal Government of the United States
or of the government of a State as defined in § 67.3.
§ 67.43 Evidence of citizenship.
When received by the Coast Guard, a
properly completed original Application for Initial Issue, Exchange, or Replacement of Certificate of Documentation; or Redocumentation (form CG–
336
Coast Guard, DOT
§ 67.53
1258) establishes a rebuttable presumption that the applicant is a United
States citizen.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993; 58 FR 65131, Dec. 13, 1993]
is provided that the Maritime Administration approved the transaction.
(c) The restriction imposed by paragraph (b) of this section does not apply
to a vessel identified in § 67.11(b).
§ 67.45 Citizenship savings provision
for fishing vessels.
Subpart D—Title Requirements for
Vessel Documentation
An otherwise qualifying partnership
or corporation that does not meet the
requisite stock interest requirements
for a fishery endorsement of §§ 67.35 or
67.39, respectively, may be eligible to
obtain a fishery endorsement for a vessel if, based on evidence submitted by
the owner, it is determined that prior
to July 28, 1987, the vessel:
(a) Was documented under 46 U.S.C.
Chapter 121 and operating as a fishing,
fish processing, or fish tender vessel in
the navigable waters of the United
States or the Exclusive Economic
Zone; or
(b) Was contracted for purchase for
use as a fishing, fish processing, or fish
tender vessel in the navigable waters of
the United States or the Exclusive Economic Zone, if the purchase is shown
by the contract or similarly reliable
evidence acceptable to the Secretary or
the Secretary’s delegate to have been
made for the purpose of using the vessel in the fisheries.
§ 67.50 Requirement for title evidence.
The owner of a vessel must present
title evidence in accordance with one
of the methods specified in this subpart:
(a) When application is made for a
coastwise or a Great Lakes endorsement for a vessel which has not previously been qualified for such endorsement;
(b) For initial documentation of a
vessel;
(c) When the ownership of a documented vessel changes in whole or in
part;
(d) When the general partners of a
partnership owning a documented vessel change by addition, deletion, or
substitution, without dissolution of the
partnership; or
(e) When a vessel which has been deleted from documentation is returned
to documentation and there has been
an intervening change in ownership.
§ 67.47 Requirement for Maritime Administration approval.
(a)
The
following
transactions,
among others, require approval of the
Maritime Administration in accordance with 46 CFR part 221:
(1) Placement of the vessel under foreign registry;
(2) Operation of the vessel under the
authority of a foreign country; and
(3) Sale or transfer of an interest in
or control of the vessel from a citizen,
as defined in section 2 of the Shipping
Act, 1916 (46 U.S.C. app. 802), to a person not a citizen within the meaning of
section 2 of that act.
(b) A Certificate of Documentation
may not be issued for a vessel which
subsequent to the last issuance of a
Certificate of Documentation has undergone any transaction listed in paragraph (a) of this section, even if the
owner meets the citizenship requirements of this subpart, unless evidence
§ 67.53 Methods of establishing title.
Title to a vessel may be established
through one of the following methods:
(a) Simplified method without evidence
of build. The owner must produce a
copy of the last registration of the vessel (State, Federal, or foreign) and evidence which establishes chain of title
from that registration to the present
owner.
(b) Simplified method with evidence of
build. The owner must produce a copy
of the last registration of the vessel
(State, Federal, or foreign) and evidence which establishes chain of title
from that registration to the present
owner along with evidence of the facts
of build in accordance with subpart F
of this part.
(c) Complete chain of title, without evidence of citizenship for each entity in that
chain of title. The owner must provide
evidence which establishes:
(1) The facts of build in accordance
with subpart F of this part; and
337
§ 67.55
46 CFR Ch. I (10–1–98 Edition)
(2) A complete chain of title for the
vessel from the person for whom the
vessel was built to the present owner.
(d) Complete chain of title, with evidence of citizenship for each entity in that
chain of title. The owner must provide
evidence which establishes:
(1) The facts of build in accordance
with subpart F of this part; and
(2) A complete chain of title for the
vessel from the person for whom the
vessel was built to the present owner,
accompanied by competent and persuasive evidence establishing the citizenship of each entity in the chain of title.
§ 67.55 Requirement for removal from
foreign registry.
The owner of a vessel must present
evidence of removal of the vessel from
foreign registry whenever:
(a) The owner applies for initial documentation of a vessel that has at any
time been registered under the laws of
a foreign country; or
(b) The owner applies for reentry into
documentation of a vessel that had
been registered under the laws of a foreign country since it was last documented under the laws of the United
States.
§ 67.57 Extent of title evidence required for initial documentation.
(a) Vessels never registered under
any system:
(1) Where a coastwise or Great Lakes
endorsement is sought, the only title
evidence required for a vessel being
documented by the owner for whom it
was built is the certification of the
builder (form CG–1261) described in
§ 67.99. Any other applicant must
present title evidence in accordance
with § 67.53(d).
(2) Where a fishery endorsement is
sought, the only title evidence required
for a vessel being documented by the
owner for whom it was built is the certification of the builder (form CG–1261)
described in § 67.99. Any other applicant
must present title evidence in accordance with either paragraph (c) or (d) of
§ 67.53.
(3) Where a registry or recreational
endorsement is sought, the only title
evidence required for a vessel being
documented by the first owner of the
vessel is the certification of the builder
(form CG–1261) described in § 67.99, or a
Manufacturer’s Certificate of Origin.
Any other applicant must also present
title evidence in accordance with either paragraph (c)(2) or (d)(2) of § 67.53.
NOTE: Manufacturer’s Certificates of Origin are sometimes used as shipping documents for vessels, and may recite as the first
owner a person other than the person for
which the vessel was built. Therefore, a
chain of title which begins with a Certificate
of Origin will be deemed incomplete.
(b) Vessels previously registered
under the laws of a State or a foreign
government:
(1) Where a coastwise or a Great
Lakes endorsement is sought, title evidence must be presented in accordance
with § 67.53(d).
(2) Where a fishery endorsement is
sought, title evidence must be presented in accordance with paragraph
(b), (c), or (d) of § 67.53.
(3) Where a registry or recreational
endorsement is sought, title evidence
must be presented in accordance with
paragraph (a), (b), (c), or (d) of § 67.53.
§ 67.59 Extent of title evidence required for change in ownership of a
documented vessel.
When the ownership of a documented
vessel changes, in whole or in part, the
applicant for documentation must
present:
(a) Title evidence in accordance with
subpart E of this part to reflect all
ownership changes subsequent to the
last issuance of a Certificate of Documentation; and
(b) Where a registry, fishery, or recreational endorsement is sought, evidence of the citizenship of all owners
subsequent to the last owner for whom
the vessel was documented except for a
vessel:
(1) Identified in § 67.11(b); or
(2) For which the Maritime Administration has granted approval for transfer or sale under 46 CFR part 221.
(c) Where a coastwise or Great Lakes
endorsement is sought, evidence establishing the citizenship of all owners
subsequent to the last owner for whom
the vessel was documented with a
coastwise or Great Lakes endorsement,
if such evidence is not already on file
with the Coast Guard. If the vessel has
338
Coast Guard, DOT
§ 67.63
never been documented with a coastwise or Great Lakes endorsement, evidence must be presented to establish
the citizenship of each owner of the
vessel for whom such evidence is not
already on file with the Coast Guard.
§ 67.61 Extent of title evidence required for vessels returning to documentation.
(a) When the owner of a vessel which
has been deleted from documentation
applies to have the vessel returned to
documentation, the owner must, except
as provided in paragraphs (b) and (c) of
this section, provide evidence establishing the complete chain of title from
the last owner under documentation,
and citizenship evidence for all owners
in that chain of title.
(b) When a vessel is returned to documentation after having been under foreign registry, the owner must provide a
copy of the last foreign registry, the
evidence of removal from foreign registry required by § 67.55, and evidence
establishing the complete chain of title
from the last owner under foreign registry. No citizenship evidence need be
provided for owners in that chain of
title.
(c) The owner of a vessel identified in
§ 67.11(b) or for which the Maritime Administration has granted approval for
transfer or sale, either by written order
or by general approval in 46 CFR part
221, and which was under a State or
Federal registration or titling system,
must provide a copy of the last registration or title, the evidence of removal from foreign registry required
by § 67.55, if applicable, and evidence establishing the complete chain of title
from the last owner under such registry or title. No citizenship evidence
need be provided for owners in that
chain of title.
NOTE: Although vessels returned to documentation without a complete chain of title
are not eligible for coastwise or Great Lakes
endorsements, this does not preclude such an
endorsement if the chain of title, with citi-
zenship evidence, is completed at a later
date.
§ 67.63 Extent of title evidence required for captured, forfeited, special legislation, and wrecked vessels.
(a) In the case of a captured or forfeited vessel, the owner must provide
evidence establishing the chain of title
from the judicial decree of capture or
decree of forfeiture, or the evidence of
administrative forfeiture described in
§ 67.131(b). Citizenship evidence for all
owners in the chain of title is required
only if a coastwise or Great Lakes endorsement is sought.
(b) In the case of a vessel which is the
subject of special legislation or a
wrecked vessel, the owner must provide:
(1) For initial documentation of a
vessel or return to documentation of a
vessel deleted from documentation, a
copy of the last Federal, State, or foreign registration, the evidence of removal from foreign registry required
by § 67.55, if applicable, and evidence establishing the chain of title from the
last registration. If a coastwise or
Great Lakes endorsement is sought,
the owner must present citizenship evidence for all owners in the chain of
title from the grant of special legislation or the determination by the Director, National Vessel Documentation
Center that the vessel is eligible for
documentation under 46 U.S.C. app. 14.
(2) For a documented vessel, the title
evidence
reflecting
all
ownership
changes subsequent to the last documented owner of record. In addition,
unless the vessel qualifies for exemption under § 67.11(b) or the vessel is the
subject of Maritime Administration approval for unrestricted transfer, citizenship evidence must be presented for
all owners in that chain of title.
[CGD 89–007, CGD 89-007a, 58 FR 60266, Nov.
15, 1993, 58 FR 65131, Dec. 13, 1993, as amended
by CGD 95–014, 60 FR 31604, June 15, 1995;
USCG–1998–4442, 63 FR 52191, Sept. 30, 1998]
339
§ 67.70
46 CFR Ch. I (10–1–98 Edition)
Subpart E—Acceptable Title
Evidence; Waiver
§ 67.70 Original owner.
The builder’s certification described
in § 67.99 serves as evidence of the original owner’s title to a vessel.
§ 67.73 Transfers prior to documentation.
A transfer of vessel title prior to documentation may be evidenced by:
(a) Completion of the transfer information on the reverse of the builder’s
certification on form CG–1261;
(b) Completion of the transfer information on the reverse of the Manufacturer’s Certificate of Origin; or
(c) A bill of sale which meets the criteria for filing and recording set forth
in subpart P of this part.
§ 67.75 Transfers by sale or donation
subsequent to documentation.
(a) Except as otherwise provided in
this subpart, transfers of vessel title
must be evidenced by a bill of sale
which meets the criteria for filing and
recording set forth in subpart P of this
part. Except as otherwise provided in
subpart O of this part, each bill of sale
must be accompanied by a declaration
of citizenship from the new owner, executed on the appropriate Maritime Administration form described in § 67.211.
(b) The bill of sale form used may be
form CG–1340 or form CG–1356, as appropriate.
(c) An applicant for documentation
who cannot produce required title evidence in the form of an instrument eligible for filing and recording in accordance with subpart P of this part may
apply for a waiver of that requirement
in accordance with the provisions of
§ 67.89.
§ 67.77 Passage of title by court action.
(a) When title to a vessel has passed
by court action, that passage must be
established by copies of the relevant
court order(s) certified by an official of
the court.
(b) When authority to transfer a vessel has been conferred by court action,
that authority must be established by
copies of the relevant court order(s)
certified by an official of the court.
§ 67.79 Passage of title without court
action following death of owner.
(a) When title to a vessel formerly
owned in whole or in part by an individual now deceased passes without
court action, an applicant for documentation must present:
(1) When title passes to a surviving
joint tenant or tenants or to a tenant
by the entirety, a copy of the death
certificate, certified by an appropriate
State official; or
(2) Where the laws of cognizant jurisdiction permit passage of title without
court action, evidence of compliance
with applicable State law.
(b) Passage of title subsequent to
devolutions such as those described in
paragraph (a) of this section, must be
established in accordance with the remainder of this subpart.
§ 67.81 Passage of title in conjunction
with a corporate merger or similar
transaction.
When the title to a vessel has passed
as the result of a corporate merger or
similar transaction wherein the assets
of one corporation have been transferred to another, the passage of title
must be established by:
(a) Materials, such as a resolution of
the board of directors or shareholders
of the corporation which held title to
the vessel before the transaction,
which either unequivocally transfers
all of the assets of the corporation or
which specifically identifies the vessel
as being among the assets transferred;
and
(b) In jurisdictions where there is an
official recognition of corporate mergers and similar transactions, a copy of
such official recognition certified by
the cognizant official of that jurisdiction.
§ 67.83 Passage of title by extra-judicial repossession and sale.
When title to a documented vessel
has passed by reason of an extra-judicial repossession and sale, such passage
must be established by:
(a) A copy of the instrument under
which foreclosure was made;
(b) An affidavit from the foreclosing
party setting forth the reasons for foreclosure, the chronology of foreclosure,
the statute(s) under which foreclosure
340
Coast Guard, DOT
§ 67.97
was made, and the steps taken to comply with the relevant instrument and
statute(s);
(c) Evidence of substantial compliance with the relevant instrument and
statute(s); and
(d) A bill of sale which meets the criteria for filing and recording set forth
in subpart P of this part from the foreclosing party as agent for the defaulting owner(s).
§ 67.85 Change in general partners of
partnership.
When the general partners of a partnership owning a documented vessel
change by addition, deletion, or substitution without dissolution of the partnership, the change must be established by a written statement from a
surviving general partner detailing the
nature of the change.
§ 67.87 Change of legal name of owner.
(a) When the name of a corporation
which owns a documented vessel
changes, the corporation must present
certification from the appropriate governmental agency evidencing registration of the name change.
(b) When the name of an individual
who owns a documented vessel changes
for any reason, competent and persuasive evidence establishing the change
must be provided.
§ 67.89 Waiver of production of a bill
of sale eligible for filing and recording.
(a) When the evidence of title passage
required by this subpart is a bill of sale
which meets the criteria for filing and
recording set forth in subpart P of this
part, and the applicant is unable to
produce a bill of sale meeting those criteria, the applicant may request that
the Director, National Vessel Documentation Center waive that requirement.
(b) No waiver of the requirement to
produce a bill of sale eligible for filing
and recording may be granted unless
the applicant provides:
(1) A written statement detailing the
reasons why an instrument meeting
the filing and recording criteria of this
part cannot be obtained; and
(2) Competent and persuasive evidence of the passage of title.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993; 58 FR 65131, Dec. 13, 1993, as amended
by CGD 95–014, 60 FR 31604, June 15, 1995;
USCG–1998–4442, 63 FR 52191, Sept. 30, 1998]
§ 67.91 Passage of title pursuant to operation of State law.
When title to a documented vessel
has passed by operation of State law
for reasons other than those specified
in this subpart, such passage must be
established by:
(a) A copy of the statute permitting
transfer of title to the vessel and setting forth procedures to be followed in
disposing of the vessel;
(b) An affidavit from the party acting
against the vessel, setting forth the
basis for selling the vessel, and the
steps taken to comply with the requirements of the statute under which
title passes;
(c) Evidence of substantial compliance with the relevant statute(s); and
(d) A bill of sale which meets the criteria for filing and recording set forth
in subpart P of this part from the acting party as agent for the owner(s) of
record.
NOTE: State law authorizing a marina to
dispose of abandoned vessels is an example of
passage of title by operation of law contemplated by § 67.91.
Subpart F—Build Requirements for
Vessel Documentation
§ 67.95 Requirement for determination.
Evidence that a vessel was built in
the United States must be on file for
any vessel for which a coastwise, Great
Lakes, or fishery endorsement is
sought, unless the vessel is otherwise
qualified for those endorsements under
subpart J of this part.
§ 67.97 United States built.
To be considered built in the United
States a vessel must meet both of the
following criteria:
(a) All major components of its hull
and superstructure are fabricated in
the United States; and
(b) The vessel is assembled entirely
in the United States.
341
§ 67.99
46 CFR Ch. I (10–1–98 Edition)
§ 67.99 Evidence of build.
(a) Evidence of the facts of build may
be either a completed original form
CG–1261, or other original document
containing the same information, executed by a person having personal
knowledge of the facts of build because
that person:
(1) Constructed the vessel;
(2) Supervised the actual construction of the vessel; or
(3) Is an officer or employee of the
company which built the vessel and has
examined the records of the company
concerning the facts of build of the vessel.
(b) A vessel owner applying for documentation must file a separate certificate from each builder involved in the
construction of the vessel.
(c) A Manufacturer’s Certificate of
Origin is not evidence of the facts of
build.
(b) Whenever there is a change in the
gross or net tonnage or dimensions of a
documented vessel; or
(c) When the gross or net tonnage of
a vessel returning to documentation
has changed since the vessel was last
documented.
§ 67.107 System of measurement; evidence.
(a) The gross and net tonnage and dimensions of a vessel for purposes of
this part are determined in accordance
with 46 CFR part 69.
(b) A Certificate of Measurement
issued by an authorized official is the
only acceptable evidence of the gross
and net tonnage of a vessel measured
in accordance with subpart B, C, or D
of 46 CFR part 69. A Certificate of
Measurement is not issued for vessels
measured under subpart E of 46 CFR
part 69 since the gross and net tonnage
are determined as part of the documentation process.
§ 67.101 Waiver of evidence of build.
(a) A vessel owner applying for documentation unable to obtain the evidence of build required by § 67.99 may
apply for a waiver of that requirement
to the Director, National Vessel Documentation Center.
(b) No waiver of the requirement in
§ 67.99 to produce evidence of build may
be granted unless the applicant provides:
(1) A written request for the waiver,
explaining why the evidence required
by § 67.99 cannot be furnished; and
(2) Competent and persuasive evidence of the facts of build.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993, 58 FR 65131, Dec. 13, 1993, as amended
by CGD 95–014, 60 FR 31604, June 15, 1995;
USCG–1998–4442, 63 FR 52190, Sept. 30, 1998]
Subpart G—Tonnage and Dimension Requirements for Vessel
Documentation
§ 67.105 Requirement
tion.
for
determina-
The gross and net tonnage and dimensions of a vessel must be determined:
(a) For initial documentation;
Subpart H—Assignments and Designations Required for Vessel
Documentation
§ 67.111
Assignment of official number.
(a) The owner of a vessel must submit an Application for Initial Issue,
Exchange, or Replacement of Certificate of Documentation; or Redocumentation (form CG–1258) to the Director, National Vessel Documentation
Center, to apply for an official number
for the vessel when:
(1) Application is made for initial
documentation of the vessel; or
(2) An existing vessel has been severed, with two or more vessels resulting. In this case, the official number of
the original vessel is retired and the
owner of each resulting vessel must
apply for designation of a new official
number.
(b) Upon receipt of form CG–1258, the
Director, National Vessel Documentation Center will have an official number assigned to the vessel and furnish
it to the vessel owner.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993, 58 FR 65131, Dec. 13, 1993, as amended
by CGD 95–014, 60 FR 31604, June 15, 1995;
USCG–1998–4442, 63 FR 52190, Sept. 30, 1998]
342
Coast Guard, DOT
§ 67.119
§ 67.113 Managing owner designation;
address; requirement to report
change of address.
The owner of each vessel must designate a managing owner on the Application for Initial Issue, Exchange, or
Replacement of Certificate of Documentation; or Redocumentation (CG–
1258).
(a) The managing owner of a vessel
owned by one person is the owner of
the vessel.
(b) The managing owner of a vessel
owned by more than one person must
be one of the owners. The person designated as managing owner must have
an address in the United States except
where no owner of the vessel has an address in the United States.
(c) The managing owner of a vessel
owned in a trust arrangement must be
one of the trustees.
(d) The address of the managing
owner must be as follows:
(1) For an individual, any residence
of the managing owner.
(2) For a partnership, its address:
(i) In the State under whose laws it is
organized; or
(ii) Of its principal place of business.
(3) For a corporation, its address:
(i) For service of process within the
State of incorporation; or
(ii) Of its principal place of business.
(e) Whenever the address of the managing owner changes, the managing
owner shall notify the Director, National Vessel Documentation Center
within 10 days.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993; 58 FR 65131, Dec. 13, 1993, as amended
by CGD 95–014, 60 FR 31604, June 15, 1995;
USCG–1998–4442, 63 FR 52190, Sept. 30, 1998]
§ 67.117 Vessel name designation.
(a) The owner of a vessel must designate a name for the vessel on the Application for Initial Issue, Exchange, or
Replacement of Certificate of Documentation; or Redocumentation (form
CG–1258) submitted to the Director, National Vessel Documentation Center:
(1) Upon application for initial documentation of the vessel; or
(2) When the owner elects to change
the name of the vessel.
(b) The name designated:
(1) Must be composed of letters of the
Latin alphabet or Arabic or Roman numerals;
(2) May not be identical, actually or
phonetically, to any word or words
used to solicit assistance at sea; and
(3) May not contain nor be phonetically identical to obscene, indecent, or
profane language, or to racial or ethnic
epithets.
(c) The name of a documented vessel
may not be changed without the prior
approval of the Director, National Vessel Documentation Center.
(d) Until such time as the owner of a
vessel elects to change the name of a
vessel, the provisions of paragraph (b)
of this section do not apply to vessels
validly documented before January 1,
1994.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993; 58 FR 65131, Dec. 13, 1993, as amended
by CGD 95–014, 60 FR 31604, June 15, 1995;
USCG–1998–4442, 63 FR 52191, Sept. 30, 1998]
§ 67.119
Hailing port designation.
(a) Upon application for any Certificate of Documentation in accordance
with subpart K of this part, the owner
of a vessel must designate a hailing
port to be marked upon the vessel.
(b) The hailing port must be a place
in the United States included in the
U.S. Department of Commerce’s Federal Information Processing Standards
Publication 55DC.
(c) The hailing port must include the
State, territory, or possession in which
it is located.
(d) The Director, National Vessel
Documentation Center has final authority to settle disputes as to the propriety of the hailing port designated.
(e) Until such time as the vessel
owner elects to designate a new hailing
port, the provisions of paragraph (c) of
this section do not apply to vessels
which were issued a Certificate of Documentation before July 1, 1982.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993, as amended by CGD 95–014, 60 FR
31604, June 15, 1995; USCG–1998–4442, 63 FR
52191, Sept. 30, 1998]
343
§ 67.120
46 CFR Ch. I (10–1–98 Edition)
Subpart I—Marking Requirements
for Vessel Documentation
§ 67.120 General requirement.
No Certificate of Documentation
issued under this part will be deemed
valid for operation of the vessel until
the vessel is marked in accordance
with this subpart.
§ 67.121 Official number marking requirement.
The official number of the vessel,
preceded by the abbreviation ‘‘NO.’’
must be marked in block-type Arabic
numerals not less than three inches in
height on some clearly visible interior
structural part of the hull. The number
must be permanently affixed to the
vessel so that alteration, removal, or
replacement would be obvious. If the
official number is on a separate plate,
the plate must be fastened in such a
manner that its removal would normally cause some scarring of or damage to the surrounding hull area.
§ 67.123 Name and hailing port marking requirements.
(a) For vessels other than those covered in paragraphs (b) and (c) of this
section, the name of the vessel must be
marked on some clearly visible exterior part of the port and starboard bow
and the stern of the vessel. The hailing
port of the vessel must be marked on
some clearly visible exterior part of
the stern of the vessel.
(b) Vessels with square bow. For vessels having a square bow, the name of
the vessel must be marked on some
clearly visible exterior part of the bow
in a manner to avoid obliteration. The
name and hailing port must be marked
on some clearly visible exterior part of
the stern.
(c) Recreational vessels. For vessels
documented exclusively for recreation,
the name and hailing port must be
marked together on some clearly visible exterior part of the hull.
(d) The markings required by paragraphs (a), (b), and (c) of this section,
which may be made by the use of any
means and materials which result in
durable markings, must be made in
clearly legible letters of the Latin alphabet or Arabic or Roman numerals
not less than four inches in height.
§ 67.125 Disputes.
The OCMI for the zone in which the
vessel is principally operated has final
authority in any disputes concerning
the permanence, durability, legibility,
or placement of a vessel’s markings.
Subpart J—Application for Special
Qualifications for Vessel Documentation
§ 67.130 Submission of applications.
All applications made under this subpart and all subsequent filings to effect
documentation, except as provided in
§ 67.133(b), must be submitted to the
National Vessel Documentation Center.
[CGD 95–014, 60 FR 31604, June 15, 1995]
§ 67.131 Forfeited vessels.
In addition to any other submissions
required by this part, the owner of a
forfeited vessel applying for a Certificate of Documentation for that vessel
must submit the following:
(a) Where the vessel has been adjudged forfeit, or the proceeds of the
sale of the vessel have been adjudged
forfeit to the Federal Government of
the United States by a Federal District
Court, a copy of the court order certified by an official of the court;
(b) Where the vessel was forfeited to
the Federal Government of the United
States under an administrative forfeiture action, an affidavit from an officer
of the agency which performed the forfeiture who has personal knowledge of
the particulars of the vessel’s forfeiture or a Declaration of Forfeiture
issued by the agency which performed
the forfeiture.
§ 67.132 Special legislation.
(a) Vessels not otherwise entitled to
be operated in the coastwise trade,
Great Lakes trade, or in the fisheries
may obtain these privileges as a result
of special legislation by the Congress
of the United States.
(b) In addition to any other submissions required by this part, the owner
of a vessel which is entitled to engage
in a specified trade because it is the
subject of special legislation must include a copy of the legislation to establish the entitlement.
344
Coast Guard, DOT
§ 67.143
§ 67.133 Wrecked vessels.
(a) A vessel owner requesting a determination that the vessel is wrecked
within the meaning of 46 U.S.C. app. 14
must submit the following to the Director, National Vessel Documentation
Center:
(1) Competent and persuasive evidence of the occasion and location of
the casualty. Coast Guard situation or
investigation reports are acceptable as
casualty evidence. Other competent
and persuasive evidence may be accepted in the discretion of the Director, National Vessel Documentation Center.
(2) A writing setting forth the physical location of the vessel, containing a
guarantee that the requesting party assumes full responsibility for all costs,
liabilities, and other expenses that
arise in conjunction with the services
performed by the board of appraisers,
and stating that at the time of documentation the vessel will be owned by
a citizen of the United States.
(b) In addition to other submissions
required by this part, a vessel owner
applying for a Certificate of Documentation for a vessel accorded privileges by the Wrecked Vessel Statute (46
U.S.C. app. 14) must include a copy of
the determination of the Director, National Vessel Documentation Center
that the vessel qualifies for documentation under the statute.
NOTE: The determination of the appraised
salved value must be made by a board of
three appraisers appointed by the Director,
National Vessel Documentation Center. The
board must determine that the repairs made
upon the vessel are equal to three times the
appraised salvage value. The determination
of the appraised salvage value will include
consideration of the fact that if the vessel is
found in compliance with the Wrecked Vessel Statute it will attain coastwise and fishery privileges. The cost of the board must be
borne by the applicant.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993; 58 FR 65131, Dec. 13, 1993, as amended
by CGD 95–014, 60 FR 31604, June 15, 1995;
USCG–1998–4442, 63 FR 52191, Sept. 30, 1998]
§ 67.134 Captured vessels.
In addition to other submissions required by this part, a vessel owner applying for a Certificate of Documentation for a vessel which qualifies as a
captured vessel must include a copy of
the court order stating that the vessel
was lawfully captured and condemned
as a prize.
Subpart K—Application for Documentation, Exchange or Replacement of Certificate of
Documentation, or Return to
Documentation;
Mortgagee
Consent; Validation
§ 67.141 Application
cases.
procedure;
all
The owner of a vessel applying for an
initial Certificate of Documentation,
exchange or replacement of a Certificate of Documentation, or return of a
vessel to documentation after deletion
from documentation must:
(a) Submit the following to the National Vessel Documentation Center:
(1) Application for Initial Issue, Exchange, or Replacement of Certificate
of Documentation; or Redocumentation (form CG–1258);
(2) Title evidence, if applicable;
(3) Mortgagee consent on form CG–
4593, if applicable; and
(4) If the application is for replacement of a mutilated document or exchange of documentation, the outstanding Certificate of Documentation.
(b) Upon receipt of the Certificate of
Documentation and prior to operation
of the vessel, ensure that the vessel is
marked in accordance with the requirements set forth in subpart I of this
part.
NOTE: Issuance of endorsements on a Certificate of Documentation may be denied if
the vessel owner is the subject of an outstanding civil penalty assessed by the Coast
Guard.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993; 58 FR 65131, Dec. 13, 1993, as amended
by CGD 95–014, 60 FR 31604, June 15, 1995]
§ 67.143 Restriction on withdrawal of
application.
A vessel owner making application
pursuant to § 67.141 may not withdraw
that application without mortgagee
consent if a mortgage has been filed
against the vessel. Consent of the
mortgagee is evidenced by filing a
345
§ 67.145
46 CFR Ch. I (10–1–98 Edition)
properly completed original Application, Consent, and Approval for Withdrawal of Application for Documentation or Exchange of Certificate of Documentation (form CG–4593).
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993; 58 FR 65131, Dec. 13, 1993]
§ 67.145 Restrictions on exchange; requirement and procedure for mortgagee consent.
(a) A Certificate of Documentation
issued to a vessel which is the subject
of an outstanding mortgage recorded
pursuant to subpart Q of this part or
predecessor regulations, may not be exchanged for a cause arising under
§§ 67.167(b) (1) through (5) or 67.167(c) (1)
through (8) without the consent of the
mortgagee, except as provided in paragraph (b) of this section.
(b) The provisions of paragraph (a) of
this section do not apply to a vessel
which is subject only to a mortgage
filed or recorded before January 1, 1989,
which had not attained preferred status as of that date.
(c) When the owner of a vessel applies
for a Certificate of Documentation and
the consent of the mortgagee is required under paragraph (a) of this section, the applicant must submit a properly completed original Application,
Consent, and Approval for Withdrawal
of Application for Documentation or
Exchange of Certificate of Documentation (form CG–4593) signed by or on behalf of the mortgagee to the National
Vessel Documentation Center.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993, as amended by CGD 94–008, 59 FR
49847, Sept. 30, 1994; CGD 95–014, 60 FR 31604,
June 15, 1995]
§ 67.149 Exchange of Certificate of
Documentation; vessel at sea.
(a) When exchange of a Certificate of
Documentation issued to a vessel is required pursuant to subpart L of this
part and the vessel is at sea, the owner
may affect the exchange while the vessel is still at sea by:
(1) Complying with the requirements
of § 67.141; and
(2) complying with the requirements
of § 67.145, if applicable.
NOTE: A Certificate of Documentation is
issued upon compliance with the applicable
requirements, however, the requirement to
mark the vessel with its new name or hailing
port in accordance with subpart I of this
part, if applicable, is waived until the vessel
reaches its first port of call, wherever that
may be.
(b) The documentation officer prepares a new Certificate of Documentation and forwards it for delivery to the
vessel’s next port of call. If the port of
call is in the United States, the Certificate is forwarded to the nearest U.S.
Coast Guard Marine Safety Office. If
the port of call is in a foreign country,
the Certificate is forwarded to the
nearest American Consulate. The new
Certificate is delivered only upon surrender of the old Certificate, which is
then forwarded to the National Vessel
Documentation Center.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993, as amended by CGD 95–014, 60 FR
31604, June 15, 1995]
§ 67.151 Replacement of Certificate of
Documentation; special procedure
for wrongfully withheld document.
When the owner of a documented vessel alleges that the Certificate of Documentation for that vessel is being
wrongfully withheld by any person the
owner must:
(a) Submit to the Director, National
Vessel Documentation Center, a statement setting forth the reasons for the
allegation; and
(b) Upon the Director, National Vessel Documentation Center that the
Certificate is being wrongfully withheld, apply for replacement of the Certificate in accordance with the requirements of § 67.141.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993; 58 FR 65131, Dec. 13, 1993, as amended
by CGD 95–014, 60 FR 31604, June 15, 1995;
USCG–1998–4442, 63 FR 52191, Sept. 30, 1998]
Subpart L—Validity of Certificates
of Documentation; Renewal of
Endorsement; Requirement for
Exchange, Replacement, Deletion, Cancellation
§ 67.161 Validity of Certificate of Documentation.
(a) Notwithstanding any other provision of this subpart, except as provided
in paragraph (b) of this section, a Certificate of Documentation but no trade
346
Coast Guard, DOT
§ 67.165
endorsement thereon, issued to a vessel
which is the subject of an outstanding
mortgage filed or recorded in accordance with subpart Q of this part or any
predecessor regulations, remains valid
for purposes of:
(1) 46 U.S.C. chapter 125;
(2) 46 U.S.C. chapter 313 for an instrument filed or recorded before the date
of invalidation, and an assignment or a
notice of claim of lien filed after that
date;
(3) Sections 9 and 37(b) of the Shipping Act, 1916 (46 U.S.C. app. 808,
835(b)); and
(4) Section 902 of the Merchant Marine Act, 1936 (46 U.S.C. app. 1242).
(b) The provisions of paragraph (a) of
this section do not apply to a vessel
which is subject only to a mortgage
filed or recorded before January 1, 1989,
which had not attained preferred status as of that date.
§ 67.163 Renewal of endorsement.
(a) Requirement for renewal of endorsement. Endorsements on Certificates of
Documentation are valid for one year.
Prior to the expiration of that year,
the owner of a vessel which is not exempt from the requirement for documentation under paragraph (c) of § 67.9
must apply for renewal of the endorsement(s) by complying with paragraph
(b) of this section. The owner of a vessel exempt from the requirement for
documentation under paragraph (c) of
§ 67.9 must either:
(1) Apply for renewal of the endorsement by complying with paragraph (b)
of this section; or
(2) Place the Certificate of Documentation on deposit in accordance
with § 67.165.
(b) Renewal application. The owner of
a vessel must apply for renewal of each
endorsement by executing an original
Notice of Expiration (CG–1280) or Final
Notice After Expiration (CG–1280–B)
certifying that the information contained in the Certificate of Documentation and any endorsement(s) thereon
remains accurate, and that the Certificate has not been lost, mutilated, or
wrongfully withheld. The completed
CG–1280 or CG–1280–B must be forwarded to the Director, National Vessel Documentation Center.
(c) Requirement to affix decal. The
owner must affix the renewal decal to
the Certificate of Documentation. The
presence of a current renewal decal is
evidence that the endorsement has
been renewed.
NOTE: Renewal of endorsements on a Certificate of Documentation may be denied if
the vessel owner is the subject of an outstanding civil penalty assessed by the Coast
Guard.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993, as amended by CGD 95–014, 60 FR
31604, June 15, 1995; USCG–1998–4442, 63 FR
52191, Sept. 30, 1998]
§ 67.165 Deposit of Certificate of Documentation.
(a) Option for deposit in lieu of renewal
of endorsement. In lieu of renewing the
endorsement(s) in accordance with
§ 67.163, the owner of a vessel which is
exempt from the requirement for documentation under paragraph (c) of § 67.9
may deposit the vessel’s outstanding
Certificate of Documentation with the
National Vessel Documentation Center.
(b) Reporting requirement. The owner
of a vessel whose Certificate is on deposit in accordance with paragraph (a)
of this section must make a written report to the National Vessel Documentation Center when:
(1) Exchange of the Certificate is required upon the occurrence of one or
more of the events described in § 67.167
(b), (c), or (d); or
(2) The vessel is subject to deletion
from the roll of actively documented
vessels upon the occurrence of one or
more of the events described in
§ 67.171(a)(1) through (8).
(c) Validity of document on deposit. A
Certificate of Documentation placed on
deposit in accordance with paragraph
(a) of this section is valid for the purposes of:
(1) 46 U.S.C. chapter 125;
(2) 46 U.S.C. chapter 313;
(3) Sections 9 and 37(b) of the Shipping Act, 1916 (46 U.S.C. app. 808,
835(b)); and
(4) Section 902 of the Merchant Marine Act, 1936 (46 U.S.C. app. 1242).
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993; 58 FR 65131, Dec. 13, 1993, as amended
by CGD 95–014, 60 FR 31604, June 15, 1995]
347
§ 67.167
46 CFR Ch. I (10–1–98 Edition)
§ 67.167 Requirement for exchange of
Certificate of Documentation.
(a) When application for exchange of
the Certificate of Documentation is required upon the occurrence of one or
more of the events described in paragraphs (b), (c), or (d) of this section, or
the owner of the vessel chooses to
apply for exchange of the Certificate
pursuant to paragraph (e) of this section, the owner must send or deliver
the Certificate to the National Vessel
Documentation Center, and apply for
an exchange of the Certificate in accordance with subpart K of this part.
(b) A Certificate of Documentation
together with any endorsement(s)
thereon becomes invalid immediately,
except as provided in § 67.161, when:
(1) The ownership of the vessel
changes in whole or in part;
(2) The general partners of a partnership change by addition, deletion, or
substitution;
(3) The State of incorporation of any
corporate owner of the vessel changes;
(4) The name of the vessel changes;
(5) The hailing port of the vessel
changes; or
(6) The vessel is placed under the
command of a person who is not a citizen of the United States.
(c) A Certificate of Documentation
together with any endorsement(s)
thereon becomes invalid immediately,
except as provided in § 67.161 and in
paragraph (f) of this section, if the vessel is not a sea, or upon the vessel’s
next arrival in port anywhere in the
world if the vessel is at sea, when:
(1) The gross or net tonnages or dimensions of the vessel change;
(2) Any beneficiary with an enforceable interest in a trust arrangement
owning a vessel changes by addition or
substitution;
(3) The trustee of a trust arrangement owning a vessel changes by addition, substitution, or deletion;
(4) A tenant by the entirety owning
any part of the vessel dies;
(5) The restrictions imposed on the
vessel change by addition or substitution;
(6) The legal name of any owner of
the vessel changes;
(7) A self-propelled vessel becomes
non-self-propelled or a non-self-propelled vessel becomes self-propelled;
(8) The endorsements for the vessel
change by addition, deletion, or substitution; or
(9) A substantive or clerical error
made by the issuing documentation officer is discovered.
(d) Although a Certificate of Documentation and any endorsements
thereon remain valid, the owner of a
documented vessel must apply for exchange of the Certificate upon an election to designate a new managing
owner of the vessel in accordance with
§ 67.113.
(e) Although a Certificate of Documentation and any endorsement(s)
thereon remain valid, the owner may
apply for exchange of the Certificate if:
(1) The restrictions imposed on the
vessel change by deletion; or
(2) The vessel attains a special entitlement under subpart J of this part.
(f) A Certificate of Documentation
which becomes invalid pursuant to
paragraph (c) of this section remains
valid for the purposes of filing a new
mortgage or amendment, assignment,
assumption, or subordination agreement for 30 days after the date it would
otherwise have become invalid.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993; 58 FR 65131, Dec. 13, 1993, as amended
by CGD 95–014, 60 FR 31604, June 15, 1995]
§ 67.169 Requirement for replacement
of Certificate of Documentation.
(a) The owner of a documented vessel
must make application in accordance
with subpart K of this part for replacement of a Certificate of Documentation
which is:
(1) Lost;
(2) Mutilated; or
(3) Wrongfully withheld from the vessel owner.
(b) When application for replacement
of a Certificate of Documentation is required because the Certificate has been
mutilated, the existing Certificate
must be physically given up to the National Vessel Documentation Center.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993; 58 FR 65131, Dec. 13, 1993, as amended
by CGD 95–014, 60 FR 31605, June 15, 1995]
§ 67.171 Deletion; requirement and
procedure.
(a) A Certificate of Documentation
together with any endorsement(s)
348
Coast Guard, DOT
§ 67.175
thereon is invalid, except as provided
in § 67.161, and the vessel is subject to
deletion from the roll of actively documented vessels when:
(1) The vessel is placed under foreign
flag;
(2) The vessel is sold or transferred in
whole or in part to a person who is not
a citizen of the United States within
the meaning of subpart C of this part;
(3) Any owner of the vessel ceases to
be a citizen of the United States within
the meaning of subpart C of this part;
(4) The owner no longer elects to document the vessel;
(5) The vessel no longer measures at
least five net tons;
(6) The vessel ceases to be capable of
transportation by water;
(7) The owner fails to exchange the
Certificate as required by § 67.167;
(8) The owner fails to maintain the
markings required by subpart I of this
part;
(9) The endorsements on the Certificate are revoked because the vessel
owner is the subject of an outstanding
civil penalty assessed by the Coast
Guard; or
(10) The owner fails to:
(i) Renew the endorsement(s) as required by § 67.163; or
(ii) Comply with the provisions of
§ 67.165.
(b) Where a cause for deletion arises
for any reason under paragraphs (a) (1)
through (6) of this section, the owner
must send or deliver the original Certificate of Documentation to the National Vessel Documentation Center
together with a statement setting
forth the reason(s) deletion is required.
(c) When a Certificate of Documentation is required to be deleted because
the vessel has been placed under foreign flag or has been sold or transferred in whole or in part to a non-citizen of the United States, the owner of
that vessel must comply with the requirements of paragraph (b) of this section, and file:
(1) Evidence of the sale or transfer, if
any; and
(2) Evidence that the Maritime Administration has consented to the sale
or transfer, except for vessels identified in § 67.11(b) and vessels for which
the Maritime Administration has
granted approval for unrestricted sale
or transfer pursuant to regulations set
forth in 46 CFR part 221.
(d) A certificate evidencing deletion
from U.S. documentation will be issued
upon request of the vessel owner to the
National Vessel Documentation Center
upon compliance with the applicable
requirements of this subpart.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993, as amended by CGD 94–008, 59 FR
49847, Sept. 30, 1994; CGD 95–014, 60 FR 31605,
June 15, 1995]
§ 67.173 Cancellation; requirement and
procedure.
A Certificate of Documentation
issued to a vessel together with any endorsement(s) thereon is invalid, except
as provided in § 67.161, and subject to
cancellation upon a determination by
the Director, National Vessel Documentation Center that the issuance of
the Certificate was improper for any
reason. When a Certificate is subject to
cancellation, the owner of the vessel
upon being notified of such requirement must send or deliver the Certificate to a documentation officer at the
National Vessel Documentation Center. The vessel owner may submit an
application for exchange in accordance
with subpart K of this part to correct
the error giving rise to cancellation. If
the vessel for which the Certificate was
cancelled was previously documented,
it remains documented under the previous Certificate of Documentation,
unless deleted under the provisions of
§ 67.171.
NOTE: Certificates of Documentation which
have been canceled are retained at the National Vessel Documentation Center.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993; 58 FR 65131, Dec. 13, 1993, as amended
by CGD 95–014, 60 FR 31605, June 15, 1995;
USCG–1998–4442, 63 FR 52190, 52191, Sept. 30,
1998]
Subpart M—Miscellaneous
Applications
§ 67.175 Application for new vessel determination.
(a) When a vessel has been constructed entirely of new materials, no
application for a new vessel determination need be made under this section.
Application for initial documentation
349
§ 67.177
46 CFR Ch. I (10–1–98 Edition)
must be made in accordance with subpart K of this part.
(b) When parts of an existing vessel
have been used in the construction of a
vessel and the owner wants a determination that the resulting vessel is
new in accordance with this part, the
owner must file with the Director, National Vessel Documentation Center;
(1) A builder’s certification, as described in § 67.99;
(2) A written statement describing
the extent to which materials from the
existing vessel were used in the construction and the extent to which
those materials were torn down; and
(3) Accurate sketches or blueprints of
the hull and superstructure which
must identify, where practicable, components of the old vessel.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993; 58 FR 65131, Dec. 13, 1993, as amended
by CGD 95–014, 60 FR 31605, June 15, 1995;
USCG–1998–4442, 63 FR 52191, Sept. 30, 1998]
§ 67.177 Application for foreign rebuilding determination.
A vessel is deemed rebuilt foreign
when any considerable part of its hull
or superstructure is built upon or substantially altered outside of the United
States. In determining whether a vessel is rebuilt foreign, the following parameters apply:
(a) Regardless of its material of construction, a vessel is deemed rebuilt
when a major component of the hull or
superstructure not built in the United
States is added to the vessel.
(b) For a vessel of which the hull and
superstructure is constructed of steel
or aluminum—
(1) A vessel is deemed rebuilt when
work performed on its hull or superstructure constitutes more than 10 percent of the vessel’s steelweight, prior
to the work, also known as discounted
lightship weight.
(2) A vessel may be considered rebuilt
when work performed on its hull or superstructure constitutes more than 7.5
percent but not more than 10 percent of
the vessel’s steelweight prior to the
work.
(3) A vessel is not considered rebuilt
when work performed on its hull or superstructure constitutes 7.5 percent or
less of the vessel’s steelweight prior to
the work.
(c) For a vessel of which the hull and
superstructure is constructed of material other than steel or aluminum—
(1) A vessel is deemed rebuilt when
work performed on its hull or superstructure constitutes a quantum of
work determined, to the maximum extent practicable, to be comparable to
more than 10 percent of the vessel’s
steelweight prior to the work, calculated as if the vessel were wholly
constructed of steel or aluminum.
(2) A vessel may be considered rebuilt
when work performed on its hull or superstructure constitutes a quantum of
work determined, to the maximum extent practicable, to be comparable to
more than 7.5 percent but not more
than 10 percent of the vessel’s
steelweight prior to the work, calculated as if the vessel were wholly
constructed of steel or aluminum.
(3) A vessel is not considered rebuilt
when work performed on its hull or superstructure constitutes a quantum of
work determined, to the maximum extent practicable, to be comparable to
7.5 percent or less of the vessel’s
steelweight prior to the work, calculated as if the vessel were wholly
constructed of steel or aluminum.
(d) For a vessel of mixed construction, such as a vessel the hull of which
is constructed of steel or aluminum
and the superstructure of which is constructed of fibrous reinforced plastic,
the steelweight of the work performed
on the portion of the vessel constructed of a material other than steel
or aluminum will be determined, to the
maximum extent practicable, and aggregated with the work performed on
the portion of the vessel constructed of
steel or aluminum. The numerical parameters described in paragraph (b) of
this section will then be applied to the
aggregate of the work performed on the
vessel compared to the vessel’s
steelweight prior to the work, calculated as if the vessel were wholly
constructed of steel or aluminum, to
determine whether the vessel has been
rebuilt.
(e) The owner of a vessel currently
entitled to coastwise, Great Lakes, or
fisheries endorsements which is altered
outside the United States and the work
performed is determined to constitute
350
Coast Guard, DOT
§ 67.203
or be comparable to more than 7.5 percent of the vessel’s steelweight prior to
the work, or which has a major component of the hull or superstructure not
built in the United States added, must
file the following information with the
National Vessel Documentation Center
within 30 days following the earlier of
completion of the work or redelivery of
the vessel to the owner or owner’s representative:
(1) A written statement applying for
a rebuilt determination, outlining in
detail the work performed and naming
the place(s) where the work was performed;
(2) Calculations showing the actual
or comparable steelweight of the work
performed on the vessel, the actual or
comparable steelweight of the vessel,
and comparing the actual or comparable steelweight of the work performed to the actual or comparable
steelweight of the vessel;
(3) Accurate sketches or blueprints
describing the work performed; and
(4) Any further submissions requested by the National Vessel Documentation Center.
(f) Regardless of the extent of actual
work performed, the owner of a vessel
currently entitled to coastwise, Great
Lakes, or fisheries endorsements may,
as an alternative to filing the items
listed in paragraph (e) of this section,
submit a written statement to the National Vessel Documentation Center
declaring the vessel rebuilt outside the
United States. The vessel will then be
deemed to have been rebuilt outside
the United States with loss of trading
privileges.
(g) A vessel owner may apply for a
preliminary rebuilt determination by
submitting:
(1) A written statement applying for
a preliminary rebuilt determination,
outlining in detail the work planned
and naming the place(s) where the
work is to be performed;
(2) Calculations showing the actual
or comparable steelweight of work to
be performed on the vessel, the actual
or comparable steelweight of the vessel, and comparing the actual or comparable steelweight of the planned
work to the actual or comparable
steelweight of the vessel;
(3) Accurate sketches or blueprints
describing the planned work; and
(4) Any further submissions requested by the National Vessel Documentation Center.
NOTE: A statement submitted in accordance with paragraph (f) of this section does
not constitute an application for a rebuilt
determination and does not require payment
of a fee.
[CGD 94-040, 61 FR 17815, Apr. 22, 1996]
Subpart N [Reserved]
Subpart O—Filing and Recording
of Instruments—General Provisions
§ 67.200 Instruments eligible for filing
and recording.
Only the following listed instruments
are eligible for filing and recording:
(a) Bills of sale and instruments in
the nature of bills of sale;
(b) Deeds of gift;
(c) Mortgages and assignments, assumptions, supplements, amendments,
subordinations, satisfactions, and releases thereof;
(d) Preferred mortgages and assignments,
assumptions,
supplements,
amendments, subordinations, satisfactions, and releases thereof;
(e) Interlender agreements affecting
mortgages, preferred mortgages, and
related instruments; and
(f) Notices of claim of lien, assignments, amendments, and satisfactions
and releases thereof.
§ 67.203 Restrictions on filing and recording.
(a) No instrument will be accepted
for filing unless the vessel to which it
pertains is the subject of:
(1) A valid Certificate of Documentation; or
(2) An application for initial documentation, exchange of Certificate of
Documentation, return to documentation, or for deletion from documentation, which is in substantial compliance with the applicable regulations,
submitted to the National Vessel Documentation Center.
(b) An instrument identified as eligible for filing and recording under
§ 67.200 may not be filed and recorded if
it bears a material alteration.
351
§ 67.205
46 CFR Ch. I (10–1–98 Edition)
(c) An instrument identified as eligible for filing and recording under
§ 67.200 (a) or (b) may not be filed and
recorded if any vendee or transferee
under the instrument is not a citizen of
the United States as defined in Section
2 of the Shipping Act, 1916, (46 U.S.C.
app. 802) unless the Maritime Administration has consented to the grant to a
non-citizen made under the instrument.
(d) The restriction imposed by paragraph (c) of this section does not apply
to a bill of sale or deed of gift conveying an interest in a vessel which was
neither documented nor last documented pursuant to these regulations
or any predecessor regulations thereto
at the time the instrument was executed, nor to an instrument conveying
an interest in a vessel identified in
§ 67.11(b).
(e) An instrument identified as eligible for filing and recording under
§ 67.200(c) may not be filed or recorded
if the mortgagee or assignee is not a
person qualifying as a citizen of the
United States as defined in the Shipping Act, 1916, as amended, (46 U.S.C.
app. Chapter 23) or a trustee as defined
in 46 U.S.C. 31328, unless the Maritime
Administration has consented to the
grant to a non-citizen made under the
instrument. This restriction does not
apply to an instrument conveying an
interest in a vessel identified in
§ 67.11(b).
(f) An instrument identified as eligible for filing and recording under
§ 67.200(d) may not be filed or recorded
if the mortgagee or assignee is not a
person
described
in
46
U.S.C.
31322(a)(1)(D). This restriction does not
apply to an instrument conveying an
interest in a vessel identified in
§ 67.11(b).
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993; 58 FR 65131, Dec. 13, 1993, as amended
by CGD 95–014, 60 FR 31605, June 15, 1995]
§ 67.205 Requirement for vessel identification.
(a) Every instrument presented for
filing and recording must contain sufficient information to clearly identify
the vessel(s) to which the instrument
relates.
(b) Instruments pertaining to vessels
which have been documented must con-
tain the vessel’s name and official
number, or other unique identifier.
(c) Vessels which have never been
documented must be identified by one
of the following:
(1) The vessel’s Hull Identification
Number assigned in accordance with 33
CFR 181.25; or
(2) Other descriptive information,
which clearly describes the vessel.
Such information may include length,
breadth, depth, year of build, name of
manufacturer, and any numbers which
may have been assigned in accordance
with 33 CFR part 173.
§ 67.207 Requirement for date and acknowledgment.
(a) Every instrument presented for
filing and recording must:
(1) Bear the date of its execution; and
(2) Contain an acknowledgment.
(b) No officer or employee of the
Coast Guard is authorized to take such
acknowledgments unless the instrument is executed on behalf of the Federal Government of the United States.
§ 67.209
Required number of copies.
All instruments presented for filing
and recording must be presented in duplicate; at least one copy must bear
original signatures.
§ 67.211 Requirement
declaration.
for
citizenship
(a) Instruments in the nature of a bill
of sale or deed of gift, mortgages, and
assignments of mortgages conveying
an interest in a documented vessel are
ineligible for filing and recording unless accompanied by a declaration of
citizenship, except as provided in paragraph (c) and (d) of this section.
(b) Citizenship declarations must be
executed on the form prescribed by the
Maritime Administration in 46 CFR
part 221. These forms are available
from the National Vessel Documentation Center and from the Vessel Transfer and Disposal Officer (MAR–745.1),
Maritime
Administration,
United
States Department of Transportation,
Washington, DC 20590.
(c) The requirement for presentation
of a citizenship declaration does not
apply to a transaction conveying an interest in a vessel:
352
Coast Guard, DOT
§ 67.217
(1) Described in 46 CFR 221.11(b)(1) (i)
through (iv);
(2) To a person making application
for documentation; or
(3) To an entity of the Federal Government of the United States or of a
State or political subdivision thereof,
or a corporate entity which is an agency of any such government or political
subdivision.
(d) The requirement for presentation
of a citizenship declaration is waived
when the instrument(s) presented for
filing effects a transfer for which:
(1) The Maritime Administration has
given general approval in 46 CFR part
221; or
(2) Written approval of the Maritime
Administrator has been obtained in accordance with 46 CFR part 221.
(e) If the transfer of interest is one
which requires written approval of the
Maritime Administrator in accordance
with rules in 46 CFR part 221, evidence
of that approval must be presented for
filing with the instrument effecting the
transfer of interest.
NOTE: If the grantee(s) of an ownership interest in a vessel described in paragraphs
(c)(1) or (d) of this section do(es) not make
application for documentation, a declaration
of citizenship may be required in order to ensure that the vessel so conveyed retains any
coastwise or Great Lakes privileges to which
it may be entitled.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993; 58 FR 65131, Dec. 13, 1993, as amended
by CGD 95–014, 60 FR 31605, June 15, 1995]
§ 67.213 Place of filing and recording.
(a) All instruments submitted for filing and recording must be submitted to
the National Vessel Documentation
Center.
(b) All instruments are recorded at
the National Vessel Documentation
Center.
[CGD 95–014, 60 FR 31605, June 15, 1995]
§ 67.215 Date and time of filing.
(a) An instrument is deemed filed at
the actual date and time at which the
instrument is received by the National
Vessel Documentation Center, except
as provided in paragraph (b) of this section. Any materials submitted to supplement an instrument after the instrument is filed are deemed part of
the original filing and relate back to
the date and time of that filing.
(b) If filing of an instrument is subject to termination in accordance with
§ 67.217(a) and a new instrument is filed
as a substitute for the original instrument, the filing of the original instrument will be terminated in accordance
with § 67.217(c) and the substitute instrument will be considered a new filing. The substitute instrument will be
deemed filed at the actual time and
date it is received by the National Vessel Documentation Center.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993; 58 FR 65131, Dec. 13, 1993, as amended
by CGD 95–014, 60 FR 31605, June 15, 1995]
§ 67.217 Termination of filing and disposition of instruments.
(a) The filing of an instrument is subject to termination if:
(1) It is determined that the instrument cannot be recorded because the
instrument itself is not in substantial
compliance with the applicable regulations in this part;
(2) The filing was not made in compliance with the requirements of
§ 67.213;
(3) The Application for Initial Issue,
Exchange, or Replacement of Certificate of Documentation; or Redocumentation (form CG–1258) submitted
with the instrument(s) was not made in
substantial compliance with the applicable regulations of this part;
(4) The owner of the vessel submits
an Application, Consent, and Approval
for Withdrawal of Application for Documentation or Exchange of Certificate
of Documentation (form CG–4593), with
mortgagee consent, if applicable; or
(5) Another instrument is filed evidencing satisfaction or release of the
subject instrument and the subject instrument is one described in subpart Q
of this part.
(b) Ninety days prior to terminating
the filing pursuant to a reason listed in
paragraphs (a) (1), (2), or (3) of this section, the National Vessel Documentation Center will send written notice detailing the reasons the filing is subject
to termination to the following person(s) and any agent known to be acting on behalf of the same:
353
§ 67.219
46 CFR Ch. I (10–1–98 Edition)
(1) The applicant for documentation,
if a bill of sale, instrument in the nature of a bill of sale, or a deed of gift;
(2) The mortgagee or assignee, if a
mortgage or assignment or amendment
thereof;
(3) The claimant, if a notice of claim
of lien; or
(4) The lender first named in an
interlender agreement affecting a
mortgage, preferred mortgage, or related instrument.
(c) If the reason(s) which subject the
filing to termination remain uncorrected for a period of 90 days after the
notice described in paragraph (b) of
this section is sent, or upon receipt of
the request for withdrawal described in
paragraph (a)(4) of this section, or satisfaction or release as described in
paragraph (a)(5) of this section, the instrument will be returned to either:
(1) The applicant for documentation,
if a bill of sale, instrument in the nature of a bill of sale, or a deed of gift;
(2) The mortgagee or assignee, if a
mortgage or assignment or amendment
thereof;
(3) The claimant, if a notice of claim
of lien;
(4) The lender first named in an
interlender agreement affecting a
mortgage, preferred mortgage, or related instrument; or
(5) An agent for any appropriate
party, provided that the agent has filed
with the Coast Guard a writing bearing
the original signature of the appropriate party(ies) clearly identifying the
instrument(s) being returned and stating that the instrument(s) may be returned to the agent.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993; 58 FR 65131, Dec. 13, 1993, as amended
by CGD 95–014, 60 FR 31605, June 15, 1995]
§ 67.219 Optional filing of instruments
by facsimile.
(a) Any instrument identified as eligible for filing and recording under
§ 67.200 may be submitted by facsimile
for filing to the National Vessel Documentation Center at (304) 271–2405. If
the instrument submitted by facsimile
for filing pertains to a vessel that is
not a currently documented vessel, a
properly completed Application for Initial Issue, Exchange, or Replacement
Certificate of Documentation; or Re-
documentation (form CG–1258); or a letter application for deletion from documentation must already be on file with
the National Vessel Documentation
Center or must be submitted by facsimile with the instrument being submitted by facsimile for filing.
(b) Within 10 days of submission by
facsimile for filing, the original and
one copy of any instrument submitted
by facsimile for filing must be received
by the National Vessel Documentation
Center. If not already on file, the original of any application required by
paragraph (a) of this section must also
be received by the National Vessel Documentation Center within 10 days of
submission of the instrument by facsimile for filing.
(c) Upon receipt of the original instrument and copy in accordance with
paragraph (b) of this section, the instrument may be recorded provided it
complies with the requirements of this
part.
(d) All instruments submitted by facsimile for filing must be clearly legible, be submitted from 81⁄2-inch by 11inch paper in not less than 10-point
type size, and be accompanied by a
cover sheet.
(e) The facsimile cover sheet required
by paragraph (d) of this section should
indicate:
(1) The name, address, telephone
number, and facsimile telephone number of the person submitting the instrument by facsimile;
(2) The number of pages submitted by
facsimile; and
(3) The name of the vessel, official
number or hull identification number
of the vessel, and the name(s) of the
owner(s) of the vessel to which the instrument relates.
(f) The filing of any instrument submitted by facsimile is terminated and
the instrument will be returned to the
submitter if:
(1) The instrument is subject to termination
for
any
cause
under
§ 67.217(a);
(2) The original instrument and copy
required to be submitted in accordance
with paragraph (b) of this section is
not received within the 10-day period;
or
(3) There is any alteration between
the instrument submitted by facsimile
354
Coast Guard, DOT
§ 67.233
for filing and the original instrument
and copy received in accordance with
paragraph (b) of this section.
(g) When the filing of an instrument
submitted by facsimile is terminated
for an alteration in accordance with
paragraph (f)(3) of this section, the
original instrument and copy received
in accordance with paragraph (b) of
this section will be deemed to be an
original filing under this subpart subject to termination. The procedures for
written notification of the termination
of the filing and for the disposition of
instruments described in paragraphs
(b) and (c) of § 67.217 will apply.
[CGD 95–070, 60 FR 40241, Aug. 7, 1995, as
amended by USCG–1998–4442, 63 FR 52191,
Sept. 30, 1998]
Subpart P—Filing and Recording
of Instruments—Bills of Sale
and Related Instruments
§ 67.220 Requirements.
An instrument in the nature of a bill
of sale or a deed of gift must:
(a) Meet all of the requirements of
subpart O of this part;
(b) Be signed by or on behalf of all
the seller(s) or donor(s); and
(c) Recite the following:
(1) The name(s) and address(es) of the
seller(s) or donor(s) and the interest in
the vessel held by the seller(s) or
donor(s); and
(2) The name(s) and address(es) of the
buyer(s) or donee(s) and the interest in
the vessel held by each buyer or donee.
§ 67.223 Filing limitation.
An instrument presented for filing
and recording under this subpart may
be filed only in conjunction with an application for initial documentation or
return to documentation of the vessel
or with an application for a change to
or deletion of the vessel’s outstanding
Certificate of Documentation.
Subpart Q—Filing and Recording
of
Instruments—Mortgages,
Preferred Mortgages, and Related Instruments
§ 67.231 General
requirements;
optional application for filing and recording.
(a) A mortgage or related instrument
presented for filing and recording must
meet all of the requirements of subpart
O of this part in addition to the pertinent section(s) of this subpart.
(b) All instruments supplemental to
mortgages must recite information
which clearly identifies the mortgage
to which the supplemental instrument
is applicable. Such information will
normally consist of the book and page
where that mortgage is recorded and
the date and time of filing. If the submission of the supplemental instrument is contemporaneous with submission of the mortgage, the information
should include the names of all parties
to the mortgage, the date of the mortgage, and the amount of the mortgage.
(c) An Optional Application for Filing (CG–5542) may be attached to a
mortgage or related instrument. If
form CG–5542 is properly completed
with all information required for indexing the instrument and the signature(s) specified thereon, the instrument to which it is attached will be
filed and recorded with no further review.
§ 67.233 Restrictions
on
recording
mortgages, preferred mortgages,
and related instruments.
(a) A mortgage or assumption of
mortgage which otherwise meets the
requirements of this subpart is nonetheless not eligible for filing and recording if:
(1) The mortgagor or assuming
party(ies) did not actually hold legal
title to the interest in the vessel being
mortgaged or covered by the assumption at the time of filing of the mortgage or assumption; or
355
§ 67.235
46 CFR Ch. I (10–1–98 Edition)
(2) If the vessel(s) which the mortgage cover(s) is (are) not documented
or not the subject of an application for
documentation.
(b) Except as provided in paragraph
(c) of this section, a mortgage submitted for filing and recording as a preferred mortgage or supplemental instrument thereto which otherwise
meets the requirements of this subpart,
is eligible for filing and recording only
if it results in a mortgage interest
being held by:
(1) A State;
(2) The United States Government;
(3) A federally insured depository institution which has not been disapproved by the Secretary;
(4) An individual who is a citizen of
the United States;
(5) A person qualifying as a citizen of
the United States as defined in 46
U.S.C. app. 802; or
(6) A person approved by the Secretary.
(c) The requirements of paragraph (b)
of this section do not apply to the
mortgagee of a vessel identified in
§ 67.11(b) or to any other vessel to
which the Maritime Administration
has given approval for unrestricted
transfer pursuant to regulations in 46
CFR part 221.
NOTE: Disapproval of a federally insured
depository institution as a preferred mortgagee under § 67.233(b)(3), or approval of a person as a preferred mortgagee under
§ 67.233(b)(6) is determined by the Maritime
Administration pursuant to regulations in 46
CFR part 221.
units of account as agreed to by the
parties.
(b) A mortgage submitted for filing
and recording as a preferred mortgage
must cover the whole of a vessel.
(c) A mortgage which secures more
than one vessel may, at the option of
the parties, provide for separate discharge of such vessels.
§ 67.237 Requirements for assignments
of mortgages.
An assignment of mortgage presented
for filing and recording must:
(a) Be signed by or on behalf of each
assignor; and
(b) Recite the following:
(1) The name and address of each assignor and the interest in the mortgage
held by the assignor(s); and
(2) The name and address of each assignee and the interest in the mortgage
granted to the assignee(s).
§ 67.239 Requirements for assumptions
of mortgages.
An assumption of mortgage presented for filing and recording must:
(a) Be signed by or on behalf of each
original mortgagor, each mortgagee,
and each assuming party; and
(b) Recite the following:
(1) The name and address of each
original mortgagor and the interest in
the vessel mortgaged; and
(2) The name and address of each assuming party and the interest in the
mortgage assumed.
§ 67.241 Requirements for amendments
of or supplements to mortgages.
§ 67.235 Requirements for mortgages.
(a) A mortgage presented for filing
and recording must:
(1) Be signed by or on behalf of each
mortgagor; and
(2) Recite the following:
(i) The name and address of each
mortgagor and the interest in the vessel held by the mortgagor(s);
(ii) The name and address of each
mortgagee and the interest in the vessel granted by the mortgage; and
(iii) The amount of the direct or contingent obligations that is or may become secured by the mortgage, excluding interest, expenses, and fees. The
amount may be recited in one or more
An amendment of or supplement to a
mortgage presented for filing and recording must:
(a) Be signed by or on behalf of each
mortgagor and each mortgagee; and
(b) Recite the following:
(1) The name and address of each
mortgagor and mortgagee; and
(2) The nature of the change effected
by the instrument.
§ 67.243 Requirements for instruments
subordinating mortgages.
An instrument subordinating a mortgage presented for filing and recording
must:
356
Coast Guard, DOT
§ 67.261
(a) Be signed by or on behalf of each
mortgagee whose mortgage is being
subordinated; and
(b) Recite the following:
(1) The name and address of each
mortgagee whose mortgage is being
subordinated; and
(2) The name and address of each
party holding an interest in the instrument subordinating the mortgage.
§ 67.245 Requirements for interlender
agreements.
An interlender agreement between
multiple mortgagees must:
(a) Be signed by or on behalf of all
mortgagees who are party to the interlender agreement; and
(b) Recite the names and addresses of
all parties to the interlender agreement.
Subpart R—Filing and Recording
of Instruments—Notices of
Claim of Lien and Supplemental Instruments
§ 67.250 General requirements.
(a) A notice of claim of lien or supplemental instrument thereto submitted for filing and recording must meet
all of the requirements of subpart O of
this part.
(b) An instrument assigning or
amending a notice of claim of lien
must recite information which clearly
identifies the notice of claim of lien
being assigned or amended. Such information will normally consist of the
book and page where the notice of
claim is recorded and the date and time
of filing. If the submission of the assignment or amendment is contemporaneous with submission of the notice of claim of lien, the information
should include the name of each original claimant, the date of the notice of
claim, and the amount of the claim and
other information to adequately identify the notice of claim of lien being
assigned or amended.
§ 67.253 Requirements for notices of
claim of lien.
A notice of claim of lien must:
(a) Be signed by or on behalf of each
claimant; and
(b) Recite the following:
(1) The name and address of each
claimant;
(2) The nature of the lien claimed;
(3) The date on which the lien was established; and
(4) The amount of the lien claimed.
§ 67.255 Restrictions on filing and recording.
A notice of claim of lien is not entitled to filing and recording unless the
vessel against which the lien is claimed
is covered by a preferred mortgage
filed or recorded in accordance with
subpart Q of this part or predecessor
regulations thereto and which is outstanding at the time the lien is filed
and recorded.
§ 67.257 Requirements for assignments
of notices of claim of lien.
An assignment of a notice of claim of
lien must:
(a) Be signed by or on behalf of each
original claimant or last assignee of
record; and
(b) Recite the following:
(1) The name and address of each
claimant; and
(2) The name and address of each assignee and the interest in the claim
being assigned.
§ 67.259 Requirements for amendments
to notice of claim of lien.
An amendment to notice of claim of
lien presented for filing and recording
must:
(a) Be signed by or on behalf of each
original claimant or last assignee of
record; and
(b) Recite the nature of the change
being effected by the instrument.
Subpart S—Removal of
Encumbrances
§ 67.261
General requirements.
The filing of an instrument against a
vessel in accordance with subparts Q or
R of this part may be terminated and,
if recorded, removed from the record of
that vessel by the filing of:
(a) A court order, affidavit, or Declaration of Forfeiture described in
§ 67.263; or
(b) A satisfaction or release instrument described in § 67.265 which meets
357
§ 67.263
46 CFR Ch. I (10–1–98 Edition)
the requirements of this part for filing
and recording.
§ 67.263 Requirement for removal of
encumbrances by court order, affidavit, or Declaration of Forfeiture.
The encumbrances described in subparts Q and R of this part are removed
from the record upon filing of:
(a) A copy of the order from a court
of competent jurisdiction certified by
an official of the court declaring title
to the vessel to be free and clear, or declaring the encumbrance to be of no effect, or ordering the removal of the encumbrance from the record;
(b) A copy of the order from a Federal District Court in an in rem action
certified by an official of the court requiring the free and clear sale of the
vessel at a Marshal’s sale and, where
issued under local judicial procedures,
a copy of the order confirming such
sale certified by an official of the
court;
(c) A copy of an order from a Federal
District Court certified by an official
of the court declaring the vessel itself
or the proceeds of its sale to be forfeited to the Federal Government of
the United States for a breach of its
laws; or
(d) Where the vessel was forfeited
under an administrative forfeiture action to the Federal Government of the
United States, either an affidavit from
an officer of the agency which performed the forfeiture, who has personal
knowledge of the particulars of the vessel’s forfeiture, or a Declaration of Forfeiture issued by the agency which performed the forfeiture.
§ 67.265 Requirements for instruments
evidencing satisfaction or release.
An instrument satisfying or releasing
a mortgage, a notice of claim of lien,
or a preferred mortgage presented for
filing and recording must:
(a) Meet all the requirements of subpart O of this part;
(b) Be signed by or on behalf of:
(1) Each mortgagee if a mortgage; or
(2) Each claimant if a notice of claim
of lien; and
(c) Recite the following:
(1) The name of each mortgagor, if
any, and the name of each mortgagee
or claimant;
(2) The amount of the mortgage or
claim of lien; and
(3) Information which clearly identifies the mortgage or claim of lien being
satisfied or released. Such information
will normally consist of the book and
page where that mortgage or claim of
lien is recorded. If the recording information cannot be provided because the
satisfaction or release is being submitted prior to recording of the mortgage
or claim of lien, the instrument must
recite other information sufficient to
clearly identify the encumbrance being
satisfied or released.
Subpart T—Abstracts of Title and
Certificates of Ownership
SOURCE: CGD 95–014, 60 FR 31605, June 15,
1995, unless otherwise noted.
§ 67.301
Issuance of Abstract of Title.
Any person may request the National
Vessel Documentation Center to issue
a General Index or Abstract of Title
(form CG–1332) for a vessel.
§ 67.303 Issuance
Ownership.
of
Certificate
of
Any person may request the National
Vessel Documentation Center to issue
a Certificate of Ownership (form CG–
1330) for a vessel.
Subpart U—Special Provisions
§ 67.311 Alteration of
Documentation.
Certificate
of
Except for affixing a new address
label in accordance with the direction
of a documentation officer or a renewal
decal issued in accordance with § 67.163,
no person other than a documentation
officer shall intentionally alter a Certificate of Documentation.
§ 67.313 Requirement to have Certificate of Documentation on board.
(a) The person in command of a documented vessel must have on board that
vessel the original Certificate of Documentation currently in effect for that
vessel.
(b) The requirement of paragraph (a)
of this section does not apply:
(1) To non-self-propelled vessels not
engaged in foreign trade;
358
Coast Guard, DOT
§ 67.329
(2) When the Certificate of Documentation has been submitted to the
National Vessel Documentation Center
for exchange in accordance with § 67.167
(d) or (e); or
(3) When the vessel is in storage or
out of the water.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993; 58 FR 65131, Dec. 13, 1993, as amended
by CGD 95–014, 60 FR 31605, June 15, 1995]
§ 67.315 Requirement to produce Certificate of Documentation.
(a) The person in command of a documented vessel must produce the original Certificate of Documentation currently in effect for that vessel upon the
demand of any person acting in an official public capacity.
(b) The requirement of paragraph (a)
of this section does not apply:
(1) To non-self-propelled vessels not
engaged in foreign trade;
(2) When the Certificate of Documentation has been submitted to the
National Vessel Documentation Center
for exchange in accordance with § 67.167
(d) or (e); or
(3) When the vessel is in storage or
out of the water.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993; 58 FR 65131, Dec. 13, 1993, as amended
by CGD 95–014, 60 FR 31605, June 15, 1995]
§ 67.317 Requirement to renew endorsements on the Certificate of
Documentation.
(a) Except as provided in paragraph
(b) of this section, the owner of a documented vessel must annually renew
each endorsement upon the current
Certificate of Documentation for that
vessel in accordance with § 67.163.
(b) The requirement of paragraph (a)
of this section does not apply to Certificates of Documentation placed on
deposit in accordance with § 67.165.
§ 67.319 Requirement to report change
in vessel status and surrender Certificate of Documentation.
The owner of a documented vessel
must immediately report any change
in vessel status which causes any Certificate of Documentation to become
invalid under subpart L of this part
and which must be exchanged, replaced, deleted, or canceled, to the National Vessel Documentation Center.
The outstanding Certificate must be
surrendered in accordance with the requirements of subparts K and L of this
part.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993; 58 FR 65131, Dec. 13, 1993, as amended
by CGD 95–014, 60 FR 31605, June 15, 1995]
§ 67.321 Requirement to report change
of address of managing owner.
Upon the change of address of the
managing owner of a documented vessel, the managing owner shall report
the change of address to the National
Vessel Documentation Center within 10
days of its occurrence.
[CGD 94–008, 59 FR 49847, Sept. 30, 1994, as
amended by CGD 95–014, 60 FR 31605, June 15,
1995]
§ 67.323 Operation without documentation.
No vessel which is required by § 67.7
to be documented may engage in unlimited coastwise trade, the Great
Lakes trade, or the fisheries without
being documented in accordance with
the requirements of this part.
§ 67.325
Violation of endorsement.
A vessel may not be employed in any
trade other than a trade endorsed upon
the Certificate of Documentation
issued for that vessel. A vessel documented exclusively for recreation may
not be used for purposes other than
pleasure.
§ 67.327 Operation under Certificate of
Documentation with invalid endorsement.
Except for vessels identified in § 67.9,
no vessel may be operated under a Certificate of Documentation with endorsements which have become invalid
under subpart L of this part.
§ 67.329
Unauthorized name change.
The owner of a documented vessel
may not change or allow the change of
the name of that vessel without exchanging the vessel’s Certificate of
Documentation in accordance with
subpart K of this part. The new name
of the vessel must be marked on the
vessel upon receipt of the new Certificate of Documentation.
359
§ 67.331
46 CFR Ch. I (10–1–98 Edition)
§ 67.331 Improper markings.
The owner of a documented vessel
shall not permit the operation of that
vessel unless it is marked in accordance with subpart I of this part.
Subparts V–X
[Reserved]
Subpart Y—Fees
§ 67.500 Applicability.
(a) This subpart specifies documentation services provided for vessels for
which fees are applicable. No documentation service for which a fee is applicable will be performed until the appropriate fee has been paid. Fees are
contained in Table 67.550.
(b) There is no fee for the annual renewal of endorsements upon the Certificate of Documentation, unless renewal is late.
(c) There is no fee for replacement of
a Certificate of Documentation due to
a wrongful withholding.
(d) The Director, National Vessel
Documentation Center may waive collection of fees applicable under this
subpart for a service provided to a Federal agency when the fee would be directly paid with federally-appropriated
funds by a Federal agency acting in its
own behalf.
(e) Application fees under this subpart are not refundable.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993; 58 FR 65131, Dec. 13, 1993, as amended
by CGD 95–014, 60 FR 31605, June 15, 1995;
CGD 95–070, 60 FR 40241, Aug. 7, 1995; USCG–
1998–4442, 63 FR 52191, Sept. 30, 1998]
§ 67.501 Application for Certificate of
Documentation.
An application fee is charged for an
initial Certificate of Documentation in
accordance with subpart K of this part.
If application is made for any trade endorsement, the applicable fee under
§ 67.511 will be charged in addition to
the application fee for the Certificate.
The application fee does not include
the fee under § 67.527 for filing and recording any required bills of sale or instruments in the nature of a bill of
sale, or the application fee under
§ 67.519 for waivers in accordance with
§§ 67.89 or 67.101.
§ 67.503 Application for exchange or
replacement of a Certificate of Documentation.
(a) An application fee is charged for
exchange or the simultaneous exchange
and replacement of a Certificate of
Documentation in accordance with
subpart K of this part. Only a single
application fee will be assessed when
two or more reasons for exchange occur
simultaneously. If application is made
for any trade endorsement, the applicable fee under § 67.511 will be charged in
addition to the application fee for the
exchange or replacement.
(b) The application fee for exchange
or replacement does not apply to:
(1) Endorsement of a change in the
owner’s address;
(2) Exchange or replacement solely
by reason of clerical error on the part
of a documentation officer; or
(3) Deletion of a vessel from documentation.
§ 67.505 Application for return of vessel to documentation.
An application fee is charged for a return of a vessel to documentation after
deletion in accordance with subpart K
of this part. If application is made for
any trade endorsement, the applicable
fee under § 67.511 will be charged in addition to the application fee for return
to documentation.
§ 67.507 Application for replacement of
lost or mutilated Certificate of Documentation.
An application fee is charged for replacement of a lost or mutilated Certificate of Documentation in accordance with subpart K of this part.
§ 67.509 Application for approval of exchange of Certificate of Documentation requiring mortgagee consent.
An application fee is charged for approval of exchange of a Certificate of
Documentation requiring mortgagee
consent in accordance with subpart K
of this part.
§ 67.511 Application for trade endorsement(s).
(a) Coastwise or Great Lakes endorsement. An application fee is charged for
360
Coast Guard, DOT
§ 67.537
a coastwise or a Great Lakes endorsement, or both, in accordance with subpart B of this part.
(b) Coastwise Bowaters endorsement.
An application fee is charged for a
coastwise Bowaters endorsement in accordance with 46 CFR part 68.
(c) Fishery endorsement. An application fee is charged for a fishery endorsement in accordance with subpart
B of this part.
(d) Registry or recreational endorsement. There is no application fee for a
registry or recreational endorsement,
or both.
(e) When multiple trade endorsements are requested on the same application, only the single highest applicable endorsement fee will be charged.
§ 67.513 Application for evidence of deletion from documentation.
An application fee is charged for evidence of deletion from documentation
in accordance with subpart L of this
part.
§ 67.515 [Reserved]
§ 67.517 Application for late renewal.
An application fee is charged for a
late renewal in accordance with subpart L of this part.
§ 67.519 Application for waivers.
An application fee is charged for
waiver of original build evidence in accordance with subpart F of this part, or
for waiver of bill of sale eligible for filing and recording in accordance with
subpart E of this part. In cases where
more than one waiver is required, each
waiver application is subject to this
fee.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov.
15, 1993, as amended by USCG–1998–4442, 63
FR 52191, Sept. 30, 1998]
§ 67.521 Application for new vessel determination.
An application fee is charged for a
new vessel determination in accordance with subpart M of this part.
§ 67.523 Application for wrecked vessel
determination.
An application fee is charged for a
determination of whether a vessel is
entitled to coastwise, Great Lakes, and
fisheries privileges as a result of having been wrecked in waters adjacent to
the United States and repaired in accordance with subpart J of this part.
This fee is in addition to the cost associated with the vessel appraisals.
§ 67.525 Application for determination
of rebuild.
An application fee is charged for a
determination of whether a vessel has
been rebuilt in accordance with subpart M of this part. This fee will be assessed for each request for either a preliminary or final determination submitted in writing by the vessel owner
or the vessel owner’s representative.
§ 67.527 Application for filing and recording bills of sale and instruments in the nature of a bill of sale.
An application fee is charged for filing and recording bills of sale and instruments in the nature of a bill of sale
in accordance with subpart P of this
part.
§ 67.529 Application for filing and recording mortgages and related instruments.
An application fee is charged for filing and recording mortgages and related instruments in accordance with subpart Q of this part.
§ 67.531 Application for filing and recording notices of claim of lien.
An application fee is charged for filing and recording notices of claim of
lien in accordance with subpart R of
this part.
§ 67.533 Application for Certificate of
Compliance.
An application fee is charged for a
Certificate of Compliance to be issued
in accordance with regulations set
forth in 46 CFR part 68.
§ 67.535
Issuance of Abstract of Title.
An issuance fee is charged for a General Index or Abstract of Title in accordance with subpart T of this part.
§ 67.537 Issuance
Ownership.
of
Certificate
of
An issuance fee is charged for a Certificate of Ownership in accordance
361
§ 67.539
46 CFR Ch. I (10–1–98 Edition)
with subpart T of this part. A supplemental issuance fee is charged for a
Certificate of Ownership attachment
for each additional vessel with the
same ownership and encumbrance information.
§ 67.539 Copies of instruments and
documents.
The fee charged for furnishing a copy
of any instrument or document is calculated in the same manner as described in 49 CFR 7.95.
§ 67.540
Facsimile handling fee.
A handling fee is charged for processing an instrument submitted by facsimile for filing in accordance with
subpart O of this part.
[CGD 95–070, 60 FR 40242, Aug. 7, 1995]
§ 67.550
Fee table.
The fees charged under subpart Y are
as set forth in Table 67.550.
[CGD 94–008, 59 FR 49847, Sept. 30, 1994]
TABLE 67.550.—FEES
Activity
Reference
Fee
Applications:
Initial certificate of documentation ...................................................................... Subpart K ..............................
$133.00
Exchange of certificate of documentation .......................................................... do ..........................................
84.00
Return of vessel to documentation ..................................................................... do ..........................................
84.00
Replacement of lost or mutilated certificate of documentation .......................... do ..........................................
50.00
Approval of exchange of certificate of documentation requiring mortgagee do ..........................................
24.00
consent.
Trade endorsement(s):
Coastwise endorsement .................................................................................. Subpart B ..............................
29.00
Coastwise Bowaters endorsement ................................................................. 46 CFR part 68 .....................
29.00
Great Lakes endorsement .............................................................................. Subpart B ..............................
29.00
Fishery endorsement ...................................................................................... do ..........................................
12.00
Registry endorsement ..................................................................................... do ..........................................
none
Recreational endorsement .............................................................................. do ..........................................
none
Note: When multiple trade endorsements are requested on the same application, only the single highest applicable endorsement fee will be charged, resulting in a maximum endorsement fee of $29.00
Evidence of deletion from documentation .......................................................... Subpart L ...............................
15.00
Late renewal fee ................................................................................................. do ..........................................
5.00
Waivers:
Original build evidence ....................................................................................... Subpart F ..............................
15.00
Bill of sale eligible for filing and recording ......................................................... Subpart E ..............................
15.00’
Miscellaneous applications:
Wrecked vessel determination ........................................................................... Subpart J ...............................
555.00
New vessel determination .................................................................................. Subpart M ..............................
166.00
Rebuild determination—preliminary or final ....................................................... do ..........................................
450.00
Filing and recording:
Bills of sale and instruments in nature of bills of sale ....................................... Subpart P ..............................
8.00(1)
Mortgages and related instruments .................................................................... Subpart Q ..............................
4.00(1)
Notice of claim of lien and related instruments .................................................. Subpart R ..............................
8.00(1)
Facsimile submission handling ........................................................................... Subpart O ..............................
2.00(1)
Certificate of compliance:
Certificate of compliance .................................................................................... 46 CFR part 68 .....................
55.00
Miscellaneous:
Abstract of Title ................................................................................................... Subpart T ..............................
25.00
Certificate of ownership ...................................................................................... do ..........................................
125.00
Attachment for each additional vessel with same ownership and encum- do ..........................................
10.00
brance data.
2
Copy of instrument or document ........................................................................ ( ) ..........................................
(2)
1 Per
page.
will be calculated in accordance with 49 CFR 7.95.
2 Fees
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov. 15, 1993; 58 FR 65243, Dec. 13, 1993, as amended by
CGD 95–014, 60 FR 31605, June 15, 1995; CGD 95–070, 60 FR 40242, Aug. 7, 1995]
362
| File Type | application/pdf |
| File Modified | 2015-01-21 |
| File Created | 2015-01-21 |