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(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.
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(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.
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(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.
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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.
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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 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.
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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.
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(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.
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(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.
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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
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§ 67.95 Requirement for determination.
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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.
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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.
§ 67.99 Evidence of build.
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(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.
§ 67.101 Waiver of evidence of build.
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(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
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§ 67.105 Requirement for determination.
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The gross and net tonnage and dimensions of a vessel must be determined:
(a) For initial documentation;
(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.
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(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.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov. 15, 1003, as amended by USCG–2001–10224, 66 FR 48620, Sept. 21, 2001]
Subpart H—Assignments and Designations Required for Vessel Documentation
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§ 67.111 Assignment of official number.
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(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]
§ 67.113 Managing owner designation; address; requirement to report change of address.
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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.
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(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.
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(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]
Subpart I—Marking Requirements for Vessel Documentation
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§ 67.120 General requirement.
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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.
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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.
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(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.
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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
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§ 67.130 Submission of applications.
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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.
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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.
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(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.
§ 67.133 Wrecked vessels.
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(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.
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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
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§ 67.141 Application procedure; all cases.
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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) Each vessel 100 feet and greater in length applying for a fishery endorsement must meet the requirements of 46 CFR part 356 and must submit materials required in paragraph (a) of this section.
(c) Upon receipt of the Certification 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.
[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–1999–6095, 65 FR 76576, Dec. 7, 2000]
§ 67.142 Penalties.
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(a) An owner or operator of a vessel with a fishery endorsement who violates Chapter 121 of Title 46, U.S. Code or any regulation issued thereunder is liable to the United States Government for a civil penalty of not more than $10,000. Each day of a continuing violation is a separate violation.
(b) A fishing vessel and its equipment are liable to seizure and forfeiture to the United States Government—
(1) When the owner of the fishing vessel, or the representative or agent of the owner, knowingly falsifies applicable information or knowingly conceals a material fact during the application process for or application process to renew a fishery endorsement of the vessel;
(2) When the owner of the fishing vessel, or the representative or agent of the owner, knowingly and fraudulently uses a vessel's certificate of documentation;
(3) When the fishing vessel engages in fishing [as such term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)] within the Exclusive Economic Zone after its fishery endorsement has been denied or revoked;
(4) When a vessel is employed in a trade without an appropriate trade endorsement;
(5) When a documented vessel with only a recreational endorsement operates as a fishing vessel; or
(6) When a vessel with a fishery endorsement is commanded by a person who is not a citizen of the United States.
(c) In addition to penalties under paragraphs (a) and (b) of this section, the owner of a vessel with a fishery endorsement is liable to the United States Government for a civil penalty of up to $100,000 for each day in which the vessel has engaged in fishing within the Exclusive Economic Zone, if the owner of the fishing vessel, or the representative or agent of the owner, knowingly falsifies applicable information or knowingly conceals a material fact during the application process for or application process to renew a fishery endorsement of the vessel.
[USCG–1999–6095, 65 FR 76576, Dec. 7, 2000]
§ 67.143 Restriction on withdrawal of application.
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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 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.
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(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]
§ 67.147 Application procedure: Coastwise endorsement for a vessel under a demise charter.
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(a) In addition to the items under §67.141, the person that owns the vessel (other than a barge under §67.179) and that seeks a coastwise endorsement under §67.20 must submit the following to the National Vessel Documentation Center:
(1) A certification in the form of an affidavit and, if requested by the Director, National Vessel Documentation Center, supporting documentation establishing the following facts with respect to the transaction from an individual who is authorized to provide certification on behalf of the person that owns the vessel and who is an officer in a corporation, a partner in a partnership, a member of the board of managers in a limited liability company, or their equivalent. The certificate must certify the following:
(i) That the person that owns the vessel, the parent of that person, or a subsidiary of a parent of that person is primarily engaged in leasing or other financing transactions.
(ii) That the person that owns the vessel is organized under the laws of the United States or a State.
(iii) That none of the following is primarily engaged in the direct operation or management of vessels:
(A) The person that owns the vessel.
(B) The parent of the person that owns the vessel.
(C) The group of which the person that owns the vessel is a member.
(iv) That ownership of the vessel is primarily a financial investment without the ability and intent to directly or indirectly control the vessel's operations by a person not primarily engaged in the direct operation or management of vessels.
(v) That the majority of the aggregate revenues of each of the following is not derived from the operation or management of vessels:
(A) The person that owns the vessel.
(B) The parent of the person that owns the vessel.
(C) The group of which the person that owns the vessel is a member.
(vi) That none of the following is primarily engaged in the operation or management of commercial, foreign-flag vessels used for the carriage of cargo for parties unrelated to the vessel's owner or charterer:
(A) The person that owns the vessel.
(B) The parent of the person that owns the vessel.
(C) The group of which the person that owns the vessel is a member.
(vii) That the person that owns the vessel has transferred to a qualified United States citizen under 46 U.S.C. app. 802 full possession, control, and command of the U.S.-built vessel through a demise charter in which the demise charterer is considered the owner pro hac vice during the term of the charter.
(viii) That the vessel is financed with lease financing.
(2) A copy of the charter, which must provide that the charterer is deemed to be the owner pro hac vice for the term of the charter.
(b) The charterer must submit the following to the National Vessel Documentation Center:
(1) A certificate certifying that the charterer is a citizen of the United States for the purpose of engaging in the coastwise trade under 46 U.S.C. app. 802.
(2) Detailed citizenship information in the format of form CG–1258, Application for Documentation, section G, citizenship. The citizenship information may be attached to the form CG–1258 that is submitted under §67.141 and must be signed by, or on behalf of, the charterer.
(c) Whenever a charter under paragraph (a) of this section is amended, the vessel owner must file a copy of the amendment with the Director, National Vessel Documentation Center, within 10 days after the effective date of the amendment.
(d) Whenever the charterer of a vessel under paragraph (a) of this section enters into a sub-charter with another person for the use of the vessel—
(1) The charterer must file a copy of the sub-charter and amendments to the sub-charter with the Director, National Vessel Documentation Center, within 10 days after the effective date of the sub-charter if requested to do so by the Director; and
(2) If the sub-charter is a demise charter, the sub-charterer must provide detailed citizenship information in the format of form CG–1258, Application for Documentation, section G, citizenship.
(e) A person that submits a false certification under this section is subject to penalty under 46 U.S.C. 12122 and 18 U.S.C. 1001.
[USCG–2001–8825, 69 FR 5401, Feb. 4, 2004]
§ 67.149 Exchange of Certificate of Documentation; vessel at sea.
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(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.
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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
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§ 67.161 Validity of Certificate of Documentation.
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(a) Notwithstanding any other provision of this subpart, except as provided in paragraph (b) of this section, a Certificate of Documentation but no trade 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.
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(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.
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(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]
§ 67.167 Requirement for exchange of Certificate of Documentation.
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(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;
(9) A substantive or clerical error made by the issuing documentation officer is discovered;
(10) For a vessel with a coastwise endorsement under 46 U.S.C. 12106(e), except for a vessel with a coastwise endorsement under 46 U.S.C. 12106(e) that was in effect before February 4, 2004—
(i) The demise charter expires or is transferred to another charterer;
(ii) The citizenship of the charterer or sub-charterer changes to the extent that they are no longer qualified for a coastwise endorsement;
(iii) Neither the person that owns the vessel, nor the parent of that person, nor any subsidiary of the parent of that person is primarily engaged in leasing or other financing transactions;
(iv) The majority of the aggregate revenues of at least one of the following is derived from the operation or management of vessels:
(A) The person that owns the vessel.
(B) The parent of the person that owns the vessel.
(C) The group of which the person that owns the vessel is a member; or
(v) At least one of the following is primarily engaged in the operation or management of commercial, foreign-flag vessels used for the carriage of cargo for parties unrelated to the vessel's owner or charterer:
(A) The person that owns the vessel.
(B) The parent of the person that owns the vessel.
(C) The group of which the person that owns the vessel is a member; or
(11) For a vessel with a coastwise endorsement under 46 U.S.C. 12106(e) that was in effect before February 4, 2004—
(i) The demise charter expires or is transferred to another charterer;
(ii) The citizenship of the charterer or sub-charterer changes to the extent that they are no longer qualified for a coastwise endorsement; or
(iii) Neither the person that owns the vessel, nor the parent of that person, nor a subsidiary of the parent of that person is primarily engaged in leasing or other financing transactions.
(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; USCG–2001–8825, 69 FR 5401, Feb. 4, 2004]
§ 67.169 Requirement for replacement of Certificate of Documentation.
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(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.
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(a) A Certificate of Documentation together with any endorsement(s) 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.
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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
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§ 67.175 Application for new vessel determination.
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(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 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.
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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. (continued)