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(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 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]
§ 67.179 Application procedure: Coastwise operation of a barge under a demise charter.
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(a) The person that owns a barge qualified to engage in coastwise trade under the lease-financing provisions of 46 U.S.C. 12106(e) 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 barge 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 barge, the parent of that person, or a subsidiary of the parent of that person is primarily engaged in leasing or other financing transactions.
(ii) That the person that owns the barge 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 barge.
(B) The parent of the person that owns the barge.
(C) The group of which the person that owns the barge is a member.
(iv) That ownership of the barge is primarily a financial investment without the ability and intent to directly or indirectly control the barge's operations by a person not primarily engaged in the direct operation or management of the barge.
(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 barge.
(B) The parent of the person that owns the barge.
(C) The group of which the person that owns the barge 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 barge.
(B) The parent of the person that owns the barge.
(C) The group of which the person that owns the barge is a member.
(vii) That the person that owns the barge 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 barge through a demise charter in which the demise charterer is considered the owner pro hac vice for the term of the charter.
(viii) That the barge is qualified to engage in the coastwise trade and that it is owned by a person eligible to own vessels documented under 46 U.S.C. 12102(e).
(ix) That the barge 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 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 must be signed by, or on behalf of, the charterer.
(c) Whenever a charter under paragraph (a) of this section is amended, the barge 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 barge under paragraph (a) of this section enters into a sub-charter with another person for the use of the barge—
(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 5402, Feb. 4, 2004]
Subpart N [Reserved]
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Subpart O—Filing and Recording of Instruments—General Provisions
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§ 67.200 Instruments eligible for filing and recording.
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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.
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(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.
(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.
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(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 contain 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.
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(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.
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All instruments presented for filing and recording must be presented in duplicate; at least one copy must bear original signatures.
§ 67.211 Requirement for citizenship declaration.
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(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:
(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.
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(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.
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(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.
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(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:
(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.
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(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 Redocumentation (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 8 1/2-inch by 11-inch 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 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
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§ 67.220 Requirements.
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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.
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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
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§ 67.231 General requirements; optional application for filing and recording.
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(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.
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(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
(2) If the vessel(s) which the mortgage cover(s) is (are) not documented or not the subject of an application for documentation.
(b) A mortgage of a vessel 100 feet or greater in length applying for a fishery endorsement is eligible for filing and recording as a preferred mortgage only if it meets the requirements of this part and the requirements of 46 CFR 356.19.
(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.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov. 15, 1003, as amended by USCG–1999–6095, 65 FR 76576, Dec. 7, 2000]
§ 67.235 Requirements for mortgages.
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(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 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.
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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.
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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.
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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.
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An instrument subordinating a mortgage presented for filing and recording must:
(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.
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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
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§ 67.250 General requirements.
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(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.
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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.
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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.
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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.
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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
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§ 67.261 General requirements.
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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 the requirements of this part for filing and recording.
§ 67.263 Requirement for removal of encumbrances by court order, affidavit, or Declaration of Forfeiture.
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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.
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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
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Source: CGD 95–014, 60 FR 31605, June 15, 1995, unless otherwise noted.
§ 67.301 Issuance of Abstract of Title.
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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 of Certificate of Ownership.
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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
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§ 67.311 Alteration of Certificate of Documentation.
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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.
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(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;
(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.
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(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.
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(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.
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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.
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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.
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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.
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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.
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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.
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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.
§ 67.331 Improper markings.
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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.
Subpart V—Exception From Fishery Endorsement Requirements Due to Conflict With International Agreements
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Source: USCG–1999–6095, 65 FR 76576, Dec. 7, 2000, unless otherwise noted.
§ 67.350 Conflicts with international agreements.
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(a) If you are an owner or mortgagee of a fishing vessel less than 100 feet in length and believe that there is a conflict between 46 CFR part 67 and any international treaty or agreement to which the United States is a party on October 1, 2001, and to which the United States is currently a party, you may petition the National Vessel Documentation Center (NVDC) for a ruling that all or sections of part 67 do not apply to you with respect to a particular vessel, provided that you had an ownership interest in the vessel or a mortgage on the vessel on October 1, 2001. You may file your petition with the NVDC before October 1, 2001, with respect to international treaties or agreements in effect at the time of your petition which are not scheduled to expire before October 1, 2001.
(b) If you are filing a petition for exemption with the NVDC for reasons stated in paragraph (a) of this section, your petition must include:
(1) Evidence of the ownership structure of the vessel petitioning for an exemption as of October 1, 2001, and any subsequent changes to the ownership structure of the vessel;
(i) If you are filing your petition before October 1, 2001, you may substitute evidence of the ownership structure as it exists on the date you file your petition;
(2) A copy of the provisions of the international agreement or treaty that you believe is in conflict with this part;
(3) A detailed description of how the provisions of the international agreement or treaty conflict with this part;
(4) For all petitions filed before October 1, 2001, a certification that the owner intends to transfer no ownership interest in the vessel to a non-U.S. citizen for the following year.
(5) For all petitions filed after October 1, 2001, a certification that no ownership interest was transferred to a non-U.S. citizen after September 30, 2001.
(c) You must file a separate petition for each vessel requiring an exemption unless the NVDC authorizes consolidated filing. Petitions should include two copies of all required materials and should be sent to the following address: National Vessel Documentation Center, 792 TJ Jackson Drive, Falling Water, West Virginia, 25419.
(d) Upon receipt of a complete petition, the NVDC will review the petition to determine whether the effective international treaty or agreement and the requirements of this part are in conflict. If the NVDC determines that this part conflicts with the effective international treaty or agreement, then the NVDC will inform you of the guidelines and requirements you must meet and maintain to qualify for a fisheries endorsement.
(e) If the vessel is determined through the petition process to be exempt from all or sections of the requirements of this part, then you must annually, from the date of exemption, submit the following evidence of its ownership structure to the NVDC:
(1) The vessel's current ownership structure;
(2) The identity of all non-citizen owners and the percentages of their ownership interest in the vessel;
(3) Any changes in the ownership structure that have occurred since you last submitted evidence of the vessel's ownership structure to the NVDC; and
(4) A statement ensuring that no interest in the vessel was transferred to a non-citizen during the previous year.
§ 67.352 Applicability.
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The exemption in this subpart shall not be available to:
(a) Owners and mortgagees of a fishing vessel less than 100 feet in length who acquired an interest in the vessel after October 1, 2001; or
(b) Owners of a fishing vessel less than 100 feet in length, if any ownership interest in that vessel is transferred to or otherwise acquired by a non-U.S. citizen after October 1, 2001.
Subparts W–X [Reserved]
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Subpart Y—Fees
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§ 67.500 Applicability.
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(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.
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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.
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(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.
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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.
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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.
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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).
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(a) Coastwise or Great Lakes endorsement. An application fee is charged for 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.
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An application fee is charged for evidence of deletion from documentation in accordance with subpart L of this part.
§ 67.515 [Reserved]
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§ 67.517 Application for late renewal.
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An application fee is charged for a late renewal in accordance with subpart L of this part.
§ 67.519 Application for waivers.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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An issuance fee is charged for a General Index or Abstract of Title in accordance with subpart T of this part.
§ 67.537 Issuance of Certificate of Ownership.
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An issuance fee is charged for a Certificate of Ownership in accordance 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.
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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.
[CGD 94–008, 59 FR 49847, Sept. 30, 1994]
§ 67.540 Facsimile handling fee.
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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.
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The fees charged under subpart Y are as set forth in Table 67.550.
Table 67.550_Fees
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