cfr_sections
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141 rows where part_number = 67 and title_number = 46 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 46:46:2.0.1.3.23.1.1.1 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | A | Subpart A—General | § 67.1 Purpose. | USCG | A Certificate of Documentation is required for the operation of a vessel in certain trades, serves as evidence of vessel nationality, and permits a vessel to be subject to preferred mortgages. | ||||
| 46:46:2.0.1.3.23.1.1.2 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | A | Subpart A—General | § 67.3 Definitions. | USCG | [CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, as amended by CGD 95-014, 60 FR 31603, June 15, 1995; CGD 94-070, 60 FR 40241, Aug. 7, 1995; CGD 95-012, 60 FR 48050, Sept. 18, 1995; USCG-1998-4442, 63 FR 52190, Sept. 30, 1998; USCG-2001-8825, 69 FR 5400, Feb. 4, 2004; USCG-2004-18884, 69 FR 58346, Sept. 30, 2004; USCG-2005-20258, 71 FR 61417, Oct. 18, 2006; USCG-2012-0832, 77 FR 59778, Oct. 1, 2012; USCG-2016-0531, 82 FR 43863, Sept. 20, 2017; 82 FR 58749, Dec. 14, 2017] | The following definitions are for terms used in this part. Acknowledgment means: (1) An acknowledgment or notarization in any form which is in substantial compliance with the Uniform Acknowledgments Act, the Uniform Recognition of Acknowledgments Act, the Uniform Law on Notarial Acts, or the statutes of the State within which it is taken, made before a notary public or other official authorized by a law of a State or the United States to take acknowledgment of deeds; (2) An acknowledgment or notarization before a notary or other official authorized to take acknowledgments of deeds by the law of a foreign nation which is a party to the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, 1961, provided that the acknowledgment or notarization is accompanied by the certificate described in Article 4 of that Convention; or (3) Any attestation which is substantially in the following form: State: County: On [date] the person(s) named above acknowledged execution of the foregoing instrument in their stated capacity(ies) for the purpose therein contained. Notary Public My commission expires: [date] State: County: On [date] the person(s) named above acknowledged execution of the foregoing instrument in their stated capacity(ies) for the purpose therein contained. Notary Public My commission expires: [date] Captured vessel means a vessel which has been taken by citizens of the United States during a period of war and is thereafter condemned as a prize by a court of competent jurisdiction. Certificate of Documentation means form CG-1270, when issued by the Director, National Vessel Documentation Center. Citizen, unless expressly provided otherwise, means a person meeting the applicable citizenship requirements of subpart C of this part as a United States citizen. Coastwise trade includes the transportation of passengers or merchandise between points embraced within the coastwise laws of the United States. Commandant means the Commandant of the United Stat… | |||
| 46:46:2.0.1.3.23.1.1.3 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | A | Subpart A—General | § 67.5 Vessels eligible for documentation. | USCG | Any vessel of at least five net tons wholly owned by a citizen or citizens of the United States is eligible for documentation under this part. This includes, but is not limited to, vessels used exclusively for recreational purposes and vessels used in foreign trade. | ||||
| 46:46:2.0.1.3.23.1.1.4 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | A | Subpart A—General | § 67.7 Vessels requiring documentation. | USCG | [CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, as amended by USCG-2009-0702, 74 FR 49230, Sept. 25, 2009] | Any vessel of at least five net tons which engages in the fisheries on the navigable waters of the United States or in the Exclusive Economic Zone, or coastwise trade, unless exempt under § 67.9(c), must have a Certificate of Documentation bearing a valid endorsement appropriate for the activity in which engaged. | |||
| 46:46:2.0.1.3.23.1.1.5 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | A | Subpart A—General | § 67.9 Vessels excluded from or exempt from documentation. | USCG | (a) A vessel of less than five net tons is excluded from documentation. (b) A vessel which does not operate on the navigable waters of the United States or in the fisheries in the Exclusive Economic Zone is exempt from the requirement to have a Certificate of Documentation. (c) A non-self-propelled vessel, qualified to engage in the coastwise trade is exempt from the requirement to be documented with a coastwise endorsement when engaged in coastwise trade: (1) Within a harbor; (2) On the rivers or lakes (except the Great Lakes) of the United States; or (3) On the internal waters or canals of any State. (d) A vessel exempt from the requirement to be documented by paragraph (b) or (c) of this section may be documented at the option of the owner, provided it meets the other requirements of this part. | ||||
| 46:46:2.0.1.3.23.1.1.6 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | A | Subpart A—General | § 67.11 Restriction on transfer of an interest in documented vessels to foreign persons; foreign registry or operation. | USCG | [CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1003, as amended by USCG-1999-6095, 65 FR 76575, Dec. 7, 2000; USCG-2016-0531, 82 FR 43863, Sept. 20, 2017] | (a) Unless approved by the Maritime Administration— (1) A documented vessel or a vessel last documented under the laws of the United States may not be placed under foreign registry or operated under the authority of a foreign country. (2) A documented vessel or a vessel last documented under the laws of the United States owned by a citizen of the United States as defined in 46 U.S.C. 50501, may not be sold, leased, chartered, delivered, or otherwise transferred to any person who is not a citizen of the United States as defined in 46 U.S.C. 50501. (b) The restrictions in paragraph (a)(2) of this section do not apply to a vessel that has been operated only as: (1) A fishing vessel, fish processing vessel, or fish tender vessel as defined in 46 U.S.C. 2101; (2) A recreational vessel; or (3) Both. For purposes of carrying out its responsibilities under the provisions of this part only, the Coast Guard will deem a vessel which has been documented exclusively with a fishery or recreational endorsement or both from the time it was first documented, or for a period of not less than one year prior to foreign transfer or registry, to qualify for the exemption granted in paragraph (b) of this section. (c) The exemption in paragraph (b) of this section does not relieve all vessels from meeting the fishery endorsement requirements of this part. If your vessel is less than 100 feet in length and is a fishing vessel, fish processing vessel, or fish tender vessel as defined in 46 U.S.C. 2101, you must meet the fishery endorsement requirements set out in this part. Each vessel 100 feet and greater in length applying for a fishery endorsement is regulated by the Maritime Administration requirements found in 46 CFR part 356. | |||
| 46:46:2.0.1.3.23.1.1.7 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | A | Subpart A—General | § 67.12 Right of appeal. | USCG | Any person directly affected by a decision or action taken under this part by or on behalf of the Coast Guard may appeal therefrom in accordance with subpart 1.03 of this chapter. | ||||
| 46:46:2.0.1.3.23.1.1.8 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | A | Subpart A—General | § 67.13 Incorporation by reference. | USCG | [CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, as amended by CGD 95-070, 60 FR 40241, Aug. 7, 1995; USCG-2004-18884, 69 FR 58346, Sept. 30, 2004; USCG-2016-0531, 82 FR 43863, Sept. 20, 2017] | (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in paragraph (b) of this section, the Coast Guard must publish notice of change in the Federal Register and the material must be available to the public. All approved material may be inspected at the U.S. Coast Guard, National Vessel Documentation Center, 792 T.J. Jackson Drive, Falling Waters, WV 25419 and is available from the source indicated in paragraph (b) of this section or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. (b) The material approved for incorporation by reference in this part and the section affected is as follows: U.S. Department of Commerce, National Technical Information Service, Springfield, VA 22181 Federal Information Processing Standards Publication 55DC, Guideline: Codes For Named Populated Places, Primary County Divisions, And Other Locational Entities of the United States and Outlying Areas (1987)—67.119 U.S. Department of Commerce, National Technical Information Service, Springfield, VA 22181 Federal Information Processing Standards Publication 55DC, Guideline: Codes For Named Populated Places, Primary County Divisions, And Other Locational Entities of the United States and Outlying Areas (1987)—67.119 | |||
| 46:46:2.0.1.3.23.1.1.9 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | A | Subpart A—General | § 67.14 OMB control numbers assigned pursuant to the Paperwork Reduction Act. | USCG | [CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, as amended by USCG-2004-18884, 69 FR 58346, Sept. 30, 2004; USCG-2016-0531, 82 FR 43863, Sept. 20, 2017] | (a) Purpose. This section collects and displays the control numbers assigned to information collection and recordkeeping requirements in this subchapter by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq. ). The Coast Guard intends that this section comply with the requirements of 44 U.S.C. 3507(a)(3) which requires that agencies display a current control number assigned by the Director of the OMB for each approved agency information collection requirement. (b) Display. | |||
| 46:46:2.0.1.3.23.10.1.1 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | J | Subpart J—Application for Special Qualifications for Vessel Documentation | § 67.130 Submission of applications. | USCG | [CGD 95-014, 60 FR 31604, June 15, 1995] | 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. | |||
| 46:46:2.0.1.3.23.10.1.2 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | J | Subpart J—Application for Special Qualifications for Vessel Documentation | § 67.131 Forfeited vessels. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.10.1.3 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | J | Subpart J—Application for Special Qualifications for Vessel Documentation | § 67.132 Special legislation. | USCG | [CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, as amended by USCG-2009-0702, 74 FR 49230, Sept. 25, 2009] | (a) Vessels not otherwise entitled to be operated in the coastwise 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. | |||
| 46:46:2.0.1.3.23.10.1.4 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | J | Subpart J—Application for Special Qualifications for Vessel Documentation | § 67.133 Wrecked vessels. | USCG | [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; USCG-2016-0531, 82 FR 43864, Sept. 20, 2017] | (a) A vessel owner requesting a determination that the vessel is wrecked within the meaning of 46 U.S.C. 12107 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. 12107 must include a copy of the determination of the Director, National Vessel Documentation Center that the vessel qualifies for documentation under the statute. 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. | |||
| 46:46:2.0.1.3.23.10.1.5 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | J | Subpart J—Application for Special Qualifications for Vessel Documentation | § 67.134 Captured vessels. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.11.1.1 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | K | Subpart K—Application for Documentation, Exchange or Replacement of Certificate of Documentation, or Return to Documentation; Mortgagee Consent; Validation | § 67.141 Application procedure; all cases. | USCG | [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; USCG-2016-0531, 82 FR 43864, Sept. 20, 2017; USCG-2023-0584, 89 FR 101499, Dec. 16, 2024] | 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; and (3) Mortgagee consent on form CG-4593, if applicable. (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 Certificate of Documentation and prior to operation of the vessel, ensure that the vessel is marked in accordance with the requirements set forth in subpart I of this part. | |||
| 46:46:2.0.1.3.23.11.1.2 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | K | Subpart K—Application for Documentation, Exchange or Replacement of Certificate of Documentation, or Return to Documentation; Mortgagee Consent; Validation | § 67.142 Penalties. | USCG | [USCG-1999-6095, 65 FR 76576, Dec. 7, 2000] | (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. | |||
| 46:46:2.0.1.3.23.11.1.3 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | K | Subpart K—Application for Documentation, Exchange or Replacement of Certificate of Documentation, or Return to Documentation; Mortgagee Consent; Validation | § 67.143 Restriction on withdrawal of application. | USCG | [CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993; 58 FR 65131, Dec. 13, 1993] | 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). | |||
| 46:46:2.0.1.3.23.11.1.4 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | K | Subpart K—Application for Documentation, Exchange or Replacement of Certificate of Documentation, or Return to Documentation; Mortgagee Consent; Validation | § 67.145 Restrictions on exchange; requirement and procedure for mortgagee consent. | USCG | [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] | (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. | |||
| 46:46:2.0.1.3.23.11.1.5 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | K | Subpart K—Application for Documentation, Exchange or Replacement of Certificate of Documentation, or Return to Documentation; Mortgagee Consent; Validation | § 67.149 Exchange of Certificate of Documentation; vessel at sea. | USCG | [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-2006-25556, 72 FR 36330, July 2, 2007] | (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. 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 Sector 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. | |||
| 46:46:2.0.1.3.23.11.1.6 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | K | Subpart K—Application for Documentation, Exchange or Replacement of Certificate of Documentation, or Return to Documentation; Mortgagee Consent; Validation | § 67.151 Replacement of Certificate of Documentation; special procedure for wrongfully withheld document. | USCG | [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; USCG-2016-0531, 82 FR 43864, Sept. 20, 2017] | 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 determination of 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. | |||
| 46:46:2.0.1.3.23.12.1.1 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | L | Subpart L—Validity of Certificates of Documentation; Renewal of Endorsement; Requirement for Exchange, Replacement, Deletion, Cancellation | § 67.161 Validity of Certificate of Documentation. | USCG | [CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, as amended by USCG-2016-0531, 82 FR 43864, Sept. 20, 2017] | (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) 46 U.S.C. 56101, 56102 and 57109; and (4) 46 U.S.C. 56301. (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. | |||
| 46:46:2.0.1.3.23.12.1.2 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | L | Subpart L—Validity of Certificates of Documentation; Renewal of Endorsement; Requirement for Exchange, Replacement, Deletion, Cancellation | § 67.163 Renewal of endorsement. | USCG | [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; USCG-2016-0531, 82 FR 43864, Sept. 20, 2017; USCG-2020-0215, 86 FR 5031, Jan. 19, 2021; USCG-2023-0305, 88 FR 77901, Nov. 14, 2023] | (a) Requirement for renewal of endorsement. Endorsements on Certificates of Documentation are valid for 1 year, except for Recreational Endorsements on Certificates of Documentation, which are valid for 1, 2, 3, 4, or 5 years. However, a Certificate of Documentation with a Recreational Endorsement and a Commercial Endorsement will only be valid for 1 year. Prior to the expiration of an endorsement, 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 a Vessel Renewal Notification, Application for Renewal (CG-1280) 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 must be sent to the Director, National Vessel Documentation Center. (c) Requirement for renewal of recreational endorsements. A Certificate of Documentation for a recreational vessel and the renewal of such a certificate will be effective for 1, 2, 3, 4, or 5 years for such a Certificate of Documentation for such vessel or the renewal thereof. 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. | |||
| 46:46:2.0.1.3.23.12.1.3 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | L | Subpart L—Validity of Certificates of Documentation; Renewal of Endorsement; Requirement for Exchange, Replacement, Deletion, Cancellation | § 67.165 Deposit of Certificate of Documentation. | USCG | [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-2016-0531, 82 FR 43864, Sept. 20, 2017] | (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) 46 U.S.C. 56101, 56102 and 57109; and (4) 46 U.S.C. 56301. | |||
| 46:46:2.0.1.3.23.12.1.4 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | L | Subpart L—Validity of Certificates of Documentation; Renewal of Endorsement; Requirement for Exchange, Replacement, Deletion, Cancellation | § 67.167 Requirement for exchange of Certificate of Documentation. | USCG | [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; USCG-2005-20258, 71 FR 61418, Oct. 18, 2006; USCG-2016-0531, 82 FR 43864, Sept. 20, 2017; USCG-2023-0584, 89 FR 101499, Dec. 16, 2024] | (a) When application for exchange of the Certificate of Documentation is required upon the occurrence of one or more of the events described in paragraph (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 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 at 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 discovere… | |||
| 46:46:2.0.1.3.23.12.1.5 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | L | Subpart L—Validity of Certificates of Documentation; Renewal of Endorsement; Requirement for Exchange, Replacement, Deletion, Cancellation | § 67.169 Requirement for replacement of Certificate of Documentation. | USCG | [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-2023-0584, 89 FR 101500, Dec. 16, 2024] | (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) [Reserved] | |||
| 46:46:2.0.1.3.23.12.1.6 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | L | Subpart L—Validity of Certificates of Documentation; Renewal of Endorsement; Requirement for Exchange, Replacement, Deletion, Cancellation | § 67.171 Deletion; requirement and procedure. | USCG | [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; USCG-2023-0584, 89 FR 101500, Dec. 16, 2024] | (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 to the National Vessel Documentation Center 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)… | |||
| 46:46:2.0.1.3.23.12.1.7 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | L | Subpart L—Validity of Certificates of Documentation; Renewal of Endorsement; Requirement for Exchange, Replacement, Deletion, Cancellation | § 67.173 Cancellation; requirement and procedure. | USCG | [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] | 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. Certificates of Documentation which have been canceled are retained at the National Vessel Documentation Center. | |||
| 46:46:2.0.1.3.23.13.1.1 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | M | Subpart M—Miscellaneous Applications | § 67.175 Application for new vessel determination. | USCG | [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] | (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. | |||
| 46:46:2.0.1.3.23.13.1.2 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | M | Subpart M—Miscellaneous Applications | § 67.177 Application for foreign rebuilding determination. | USCG | [CGD 94-040, 61 FR 17815, Apr. 22, 1996, as amended by USCG-2009-0702, 74 FR 49230, Sept. 25, 2009] | 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 practi… | |||
| 46:46:2.0.1.3.23.15.1.1 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | O | Subpart O—Filing and Recording of Instruments—General Provisions | § 67.200 Instruments eligible for filing and recording. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.15.1.10 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | O | Subpart O—Filing and Recording of Instruments—General Provisions | § 67.218 Optional electronic filing of applications and instruments. | USCG | [Docket No. USCG-2023-0584, 89 FR 101500, Dec. 16, 2024] | (a) Any instrument identified as eligible for filing and recording under § 67.200 may be submitted using electronic filing. The method(s) or address(es) to be used for electronic filing may be obtained from the National Vessel Documentation Center's website. If the instrument submitted for filing pertains to a vessel that is not a currently documented vessel, a completed Application for Initial Issue, Exchange, or Replacement Certificate of Documentation, or Return to Documentation (form CG-1258) (or a letter application for deletion from documentation) must already be on file with the National Vessel Documentation Center or must be submitted electronically with the instrument being filed. (b) If the filing of any instrument is terminated for any cause under § 67.217(a), the instrument will be returned to the submitter. | |||
| 46:46:2.0.1.3.23.15.1.2 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | O | Subpart O—Filing and Recording of Instruments—General Provisions | § 67.203 Restrictions on filing and recording. | USCG | [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-2016-0531, 82 FR 43864, Sept. 20, 2017] | (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). | |||
| 46:46:2.0.1.3.23.15.1.3 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | O | Subpart O—Filing and Recording of Instruments—General Provisions | § 67.205 Requirement for vessel identification. | USCG | (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. | ||||
| 46:46:2.0.1.3.23.15.1.4 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | O | Subpart O—Filing and Recording of Instruments—General Provisions | § 67.207 Requirement for date and acknowledgment. | USCG | (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. | ||||
| 46:46:2.0.1.3.23.15.1.5 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | O | Subpart O—Filing and Recording of Instruments—General Provisions | § 67.209 No original instrument requirement. | USCG | [Docket No. USCG-2023-0584, 89 FR 101500, Dec. 16, 2024] | A copy of the original signed and acknowledged instrument must be presented. The copy may be delivered to the National Vessel Documentation Center or transmitted electronically in accordance with the procedures in § 67.218 of this part. Signatures may be affixed manually or digitally. | |||
| 46:46:2.0.1.3.23.15.1.6 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | O | Subpart O—Filing and Recording of Instruments—General Provisions | § 67.211 Requirement for citizenship declaration. | USCG | [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-2009-0702, 74 FR 49230, Sept. 25, 2009] | (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. 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 privileges to which it may be entitled. | |||
| 46:46:2.0.1.3.23.15.1.7 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | O | Subpart O—Filing and Recording of Instruments—General Provisions | § 67.213 Place of filing and recording. | USCG | [CGD 95-014, 60 FR 31605, June 15, 1995] | (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. | |||
| 46:46:2.0.1.3.23.15.1.8 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | O | Subpart O—Filing and Recording of Instruments—General Provisions | § 67.215 Date and time of filing. | USCG | [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] | (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. | |||
| 46:46:2.0.1.3.23.15.1.9 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | O | Subpart O—Filing and Recording of Instruments—General Provisions | § 67.217 Termination of filing and disposition of instruments. | USCG | [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] | (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:… | |||
| 46:46:2.0.1.3.23.16.1.1 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | P | Subpart P—Filing and Recording of Instruments—Bills of Sale and Related Instruments | § 67.220 Requirements. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.16.1.2 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | P | Subpart P—Filing and Recording of Instruments—Bills of Sale and Related Instruments | § 67.223 Filing limitation. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.17.1.1 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Q | Subpart Q—Filing and Recording of Instruments—Mortgages, Preferred Mortgages, and Related Instruments | § 67.231 General requirements; optional application for filing and recording. | USCG | (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. | ||||
| 46:46:2.0.1.3.23.17.1.2 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Q | Subpart Q—Filing and Recording of Instruments—Mortgages, Preferred Mortgages, and Related Instruments | § 67.233 Restrictions on recording mortgages, preferred mortgages, and related instruments. | USCG | [CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1003, as amended by USCG-1999-6095, 65 FR 76576, Dec. 7, 2000] | (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. | |||
| 46:46:2.0.1.3.23.17.1.3 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Q | Subpart Q—Filing and Recording of Instruments—Mortgages, Preferred Mortgages, and Related Instruments | § 67.235 Requirements for mortgages. | USCG | (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. | ||||
| 46:46:2.0.1.3.23.17.1.4 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Q | Subpart Q—Filing and Recording of Instruments—Mortgages, Preferred Mortgages, and Related Instruments | § 67.237 Requirements for assignments of mortgages. | USCG | 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). | ||||
| 46:46:2.0.1.3.23.17.1.5 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Q | Subpart Q—Filing and Recording of Instruments—Mortgages, Preferred Mortgages, and Related Instruments | § 67.239 Requirements for assumptions of mortgages. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.17.1.6 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Q | Subpart Q—Filing and Recording of Instruments—Mortgages, Preferred Mortgages, and Related Instruments | § 67.241 Requirements for amendments of or supplements to mortgages. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.17.1.7 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Q | Subpart Q—Filing and Recording of Instruments—Mortgages, Preferred Mortgages, and Related Instruments | § 67.243 Requirements for instruments subordinating mortgages. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.17.1.8 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Q | Subpart Q—Filing and Recording of Instruments—Mortgages, Preferred Mortgages, and Related Instruments | § 67.245 Requirements for interlender agreements. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.18.1.1 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | R | Subpart R—Filing and Recording of Instruments—Notices of Claim of Lien and Supplemental Instruments | § 67.250 General requirements. | USCG | (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. | ||||
| 46:46:2.0.1.3.23.18.1.2 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | R | Subpart R—Filing and Recording of Instruments—Notices of Claim of Lien and Supplemental Instruments | § 67.253 Requirements for notices of claim of lien. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.18.1.3 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | R | Subpart R—Filing and Recording of Instruments—Notices of Claim of Lien and Supplemental Instruments | § 67.255 Restrictions on filing and recording. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.18.1.4 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | R | Subpart R—Filing and Recording of Instruments—Notices of Claim of Lien and Supplemental Instruments | § 67.257 Requirements for assignments of notices of claim of lien. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.18.1.5 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | R | Subpart R—Filing and Recording of Instruments—Notices of Claim of Lien and Supplemental Instruments | § 67.259 Requirements for amendments to notice of claim of lien. | USCG | [CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, as amended by USCG-2014-0688, 79 FR 58281, Sept. 29, 2014; USCG-2014-0688, 79 FR 61262, Oct. 10, 2014] | 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. | |||
| 46:46:2.0.1.3.23.19.1.1 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | S | Subpart S—Removal of Encumbrances | § 67.261 General requirements. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.19.1.2 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | S | Subpart S—Removal of Encumbrances | § 67.263 Requirement for removal of encumbrances by court order, affidavit, or Declaration of Forfeiture. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.19.1.3 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | S | Subpart S—Removal of Encumbrances | § 67.265 Requirements for instruments evidencing satisfaction or release. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.2.1.1 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | B | Subpart B—Forms of Documentation; Endorsements; Eligibility of Vessel | § 67.15 Form of document—all endorsements. | USCG | [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-1999-6216, 64 FR 53225, Oct. 1, 1999; USCG-2009-0702, 74 FR 49230, Sept. 25, 2009] | (a) The form of document is a Certificate of Documentation, form CG-1270. (b) Upon application in accordance with subpart K of this part and determination of qualification by the Director, National Vessel Documentation Center, a Certificate of Documentation may be issued with a registry, coastwise, fishery, or recreational endorsement. (c) A Certificate of Documentation may bear simultaneous endorsements for recreation and more than one trade, including operation under 46 CFR part 68. Where a vessel possesses a Certificate of Documentation bearing more than one endorsement, the actual use of the vessel determines the endorsement under which it is operating. | |||
| 46:46:2.0.1.3.23.2.1.2 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | B | Subpart B—Forms of Documentation; Endorsements; Eligibility of Vessel | § 67.17 Registry endorsement. | USCG | [CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, as amended by USCG-2009-0702, 74 FR 49230, Sept. 25, 2009; USCG-2016-0531, 82 FR 43863, Sept. 20, 2017] | (a) A registry endorsement entitles a vessel to employment in the foreign trade; trade with Guam, American Samoa, Wake, Midway, or Kingman Reef; and any other employment for which a coastwise, or fishery endorsement is not required. (b) Any vessel eligible for documentation under § 67.5 is eligible for a registry endorsement. | |||
| 46:46:2.0.1.3.23.2.1.3 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | B | Subpart B—Forms of Documentation; Endorsements; Eligibility of Vessel | § 67.19 Coastwise endorsement. | USCG | [CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993; 58 FR 65131, Dec. 13, 1993, as amended by CGD 94-008, 59 FR 49846, Sept. 30, 1994; CGD 94-040, 61 FR 17815, Apr. 22, 1996; USCG-2002-13058, 67 FR 61278, Sept. 30, 2002; USCG-2009-0702, 74 FR 49230, Sept. 25, 2009; USCG-2016-0531, 82 FR 43863, Sept. 20, 2017] | (a) A coastwise endorsement entitles a vessel to employment in unrestricted coastwise trade, dredging, towing, and any other employment for which a registry or fishery endorsement is not required. (b) If eligible for documentation and not restricted from coastwise trade by paragraph (c) or (d) of this section, the following vessels are eligible for a coastwise endorsement: (1) Vessels built in the United States (§ 67.97); (2) Forfeited vessels (§ 67.131); (3) Vessels granted coastwise trading privileges by special legislation (§ 67.132); (4) Wrecked vessels (§ 67.133); (5) Captured vessels (§ 67.134); and (6) Vessels purchased, chartered, or leased from the Secretary of Transportation by persons who are citizens of the United States (46 U.S.C. 57109). (c) A vessel otherwise eligible for a coastwise endorsement under paragraph (b) of this section permanently loses that eligibility if: (1) It is thereafter sold in whole or in part to an owner: (i) Not a citizen as defined in subpart C of this part, or (ii) Not a person permitted to document vessels pursuant to 46 CFR part 68; (2) It is thereafter registered under the laws of a foreign country; (3) It undergoes rebuilding as defined in § 67.177 outside of the United States; or (4) It is a crude oil tanker of 20,000 deadweight tons or above, and after October 17, 1978, has segregated ballast tanks, a crude oil washing system, or an inert gas system installed outside of the United States as defined in § 67.3. (d) A vessel otherwise eligible for a coastwise endorsement under paragraph (b) of this section loses that eligibility during any period in which it is: (1) Owned by a corporation which does not meet the citizenship requirements of § 67.39(c); (2) Owned by a partnership which does not meet the citizenship requirements of § 67.35(c); or (3) Mortgaged to a person not identified in § 67.233(b). | |||
| 46:46:2.0.1.3.23.2.1.4 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | B | Subpart B—Forms of Documentation; Endorsements; Eligibility of Vessel | § 67.21 Fishery endorsement. | USCG | [CGD 89-007, CGD 89-007A, 58 FR 60266, Nov. 15, 1993, as amended by CGD 94-040, 61 FR 17815, Apr. 22, 1996; USCG-1999-6095, 65 FR 76575, Dec. 7, 2000; USCG-2009-0702, 74 FR 49230, Sept. 25, 2009; USCG-2016-0531, 82 FR 43864, Sept. 20, 2017] | (a) A fishery endorsement entitles a vessel to employment in the fisheries as defined in § 67.3, subject to Federal and State laws regulating the fisheries, and in any other employment for which a registry or coastwise endorsement is not required. A fishery endorsement entitles a vessel to land its catch, wherever caught, in the United States. (b) If eligible for documentation and not restricted from the fisheries by paragraph (c) of this section, the following vessels are eligible for a fishery endorsement: (1) Vessels built in the United States (§ 67.97); (2) Forfeited vessels (§ 67.131); (3) Vessels granted fisheries privileges by special legislation(§ 67.132); (4) Wrecked vessels (§ 67.133); and (5) Captured vessels (§ 67.134). (c) A vessel otherwise eligible for a fishery endorsement under paragraph (b) of this section permanently loses that eligibility if it undergoes rebuilding as defined in § 67.177 outside of the United States. (d) A vessel otherwise eligible for a fishery endorsement under paragraph (b) of this section loses that eligibility during any period in which it is: (1) Owned by a partnership which does not meet the requisite citizenship requirements of § 67.35(b); (2) Owned by a corporation which does not meet the citizenship requirements of § 67.39(b); or (3) Chartered or leased to an individual who is not a citizen of the United States or to an entity that is not eligible to own a vessel with a fishery endorsement, except that time charters, voyage charters and other charters that are not a demise of the vessel may be entered into with Non-Citizens for the charter of dedicated Fish Tender Vessels and Fish Processing Vessels that are not engaged in the harvesting of fish or fishery resources without the vessel losing its eligibility for a fishery endorsement. (e) A vessel operating with a fishery endorsement on October 1, 1998, under the authority of the Western Pacific Fishery Management Council, or a purse seine vessel engaged in tuna fishing outside of the EEZ of the United Sta… | |||
| 46:46:2.0.1.3.23.2.1.5 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | B | Subpart B—Forms of Documentation; Endorsements; Eligibility of Vessel | § 67.23 Recreational endorsement. | USCG | (a) A recreational endorsement entitles a vessel to pleasure use only. (b) Any vessel eligible for documentation under § 67.5 is eligible for a recreational endorsement. A vessel having a Certificate of Documentation endorsed only for recreation may be bareboat chartered only for recreational use. Guidance on the elements of a valid bareboat charter should be obtained through private legal counsel. | ||||
| 46:46:2.0.1.3.23.20.1.1 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | T | Subpart T—Abstracts of Title and Certificates of Ownership | § 67.301 Issuance of Abstract of Title. | USCG | Any person may request the National Vessel Documentation Center to issue a General Index or Abstract of Title (form CG-1332) for a vessel. | ||||
| 46:46:2.0.1.3.23.20.1.2 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | T | Subpart T—Abstracts of Title and Certificates of Ownership | § 67.303 Issuance of Certificate of Ownership. | USCG | Any person may request the National Vessel Documentation Center to issue a Certificate of Ownership (form CG-1330) for a vessel. | ||||
| 46:46:2.0.1.3.23.21.1.1 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | U | Subpart U—Special Provisions | § 67.311 Alteration of Certificate of Documentation. | USCG | [USCG-2016-0531, 82 FR 43864, Sept. 20, 2017] | No person other than a documentation officer shall intentionally alter a Certificate of Documentation. | |||
| 46:46:2.0.1.3.23.21.1.10 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | U | Subpart U—Special Provisions | § 67.329 Unauthorized name change. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.21.1.11 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | U | Subpart U—Special Provisions | § 67.331 Improper markings. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.21.1.2 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | U | Subpart U—Special Provisions | § 67.313 Requirement to have Certificate of Documentation on board. | USCG | [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] | (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. | |||
| 46:46:2.0.1.3.23.21.1.3 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | U | Subpart U—Special Provisions | § 67.315 Requirement to produce Certificate of Documentation. | USCG | [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] | (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. | |||
| 46:46:2.0.1.3.23.21.1.4 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | U | Subpart U—Special Provisions | § 67.317 Requirement to renew endorsements on the Certificate of Documentation. | USCG | [CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, as amended by USCG-2020-0215, 86 FR 5031, Jan. 19, 2021; USCG-2023-0305, 88 FR 77902, Nov. 14, 2023] | (a) Except as provided in paragraph (b) of this section and except for recreational endorsements, which can be renewed for a period of 1, 2, 3, 4, or 5 years, 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. | |||
| 46:46:2.0.1.3.23.21.1.5 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | U | Subpart U—Special Provisions | § 67.319 Requirement to report change in vessel status and surrender Certificate of Documentation. | USCG | [USCG-2020-0215, 86 FR 5031, Jan. 19, 2021] | (a) The owner of a vessel must notify the Coast Guard of each change in the information on which the issuance of the Certificate of Documentation for the vessel is based that occurs before the expiration of the certificate under this subsection, by no later than 30 days after such change. (b) The Certificate of Documentation for a vessel is terminated upon the expiration of the 30-day period if the owner has not notified the Coast Guard of such change before the end of the period. | |||
| 46:46:2.0.1.3.23.21.1.6 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | U | Subpart U—Special Provisions | § 67.321 Requirement to report change of address of managing owner. | USCG | [Docket No. USCG-2023-0584, 89 FR 101500, Dec. 16, 2024] | Upon the change of address of the managing owner of a documented vessel, the managing owner must report the change of address to the National Vessel Documentation Center within 30 days of its occurrence. | |||
| 46:46:2.0.1.3.23.21.1.7 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | U | Subpart U—Special Provisions | § 67.323 Operation without documentation. | USCG | [CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, as amended by USCG-2009-0702, 74 FR 49230, Sept. 25, 2009] | No vessel which is required by § 67.7 to be documented may engage in unlimited coastwise trade or the fisheries without being documented in accordance with the requirements of this part. | |||
| 46:46:2.0.1.3.23.21.1.8 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | U | Subpart U—Special Provisions | § 67.325 Violation of endorsement. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.21.1.9 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | U | Subpart U—Special Provisions | § 67.327 Operation under Certificate of Documentation with invalid endorsement. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.22.1.1 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | V | Subpart V—Exception From Fishery Endorsement Requirements Due to Conflict With International Agreements | § 67.350 Conflicts with international agreements. | USCG | (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 shoul… | ||||
| 46:46:2.0.1.3.23.22.1.2 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | V | Subpart V—Exception From Fishery Endorsement Requirements Due to Conflict With International Agreements | § 67.352 Applicability. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.24.1.1 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Y | Subpart Y—Fees | § 67.500 Applicability. | USCG | [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; USCG-2010-0990, 79 FR 47023, Aug. 12, 2014] | (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 replacement of a Certificate of Documentation due to a wrongful withholding. (c) 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. (d) Application fees under this subpart are not refundable. | |||
| 46:46:2.0.1.3.23.24.1.10 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Y | Subpart Y—Fees | § 67.517 Application for late renewal. | USCG | [USCG-2010-0990, 79 FR 47023, Aug. 12, 2014] | In addition to any other fees required by this subpart, including a renewal fee, a fee is charged for a late renewal in accordance with subpart L of this part. | |||
| 46:46:2.0.1.3.23.24.1.11 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Y | Subpart Y—Fees | § 67.519 Application for waivers. | USCG | [CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, as amended by USCG-1998-4442, 63 FR 52191, Sept. 30, 1998] | 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. | |||
| 46:46:2.0.1.3.23.24.1.12 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Y | Subpart Y—Fees | § 67.521 Application for new vessel determination. | USCG | An application fee is charged for a new vessel determination in accordance with subpart M of this part. | ||||
| 46:46:2.0.1.3.23.24.1.13 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Y | Subpart Y—Fees | § 67.523 Application for wrecked vessel determination. | USCG | [CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, as amended by USCG-2009-0702, 74 FR 49230, Sept. 25, 2009] | An application fee is charged for a determination of whether a vessel is entitled to coastwise 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. | |||
| 46:46:2.0.1.3.23.24.1.14 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Y | Subpart Y—Fees | § 67.525 Application for determination of rebuild. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.24.1.15 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Y | Subpart Y—Fees | § 67.527 Application for filing and recording bills of sale and instruments in the nature of a bill of sale. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.24.1.16 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Y | Subpart Y—Fees | § 67.529 Application for filing and recording mortgages and related instruments. | USCG | An application fee is charged for filing and recording mortgages and related instruments in accordance with subpart Q of this part. | ||||
| 46:46:2.0.1.3.23.24.1.17 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Y | Subpart Y—Fees | § 67.531 Application for filing and recording notices of claim of lien. | USCG | An application fee is charged for filing and recording notices of claim of lien in accordance with subpart R of this part. | ||||
| 46:46:2.0.1.3.23.24.1.18 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Y | Subpart Y—Fees | § 67.533 Application for Certificate of Compliance. | USCG | An application fee is charged for a Certificate of Compliance to be issued in accordance with regulations set forth in 46 CFR part 68. | ||||
| 46:46:2.0.1.3.23.24.1.19 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Y | Subpart Y—Fees | § 67.535 Issuance of Abstract of Title. | USCG | An issuance fee is charged for a General Index or Abstract of Title in accordance with subpart T of this part. | ||||
| 46:46:2.0.1.3.23.24.1.2 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Y | Subpart Y—Fees | § 67.501 Application for Certificate of Documentation. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.24.1.20 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Y | Subpart Y—Fees | § 67.537 Issuance of Certificate of Ownership. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.24.1.21 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Y | Subpart Y—Fees | § 67.539 Copies of instruments and documents. | USCG | [CGD 94-008, 59 FR 49847, Sept. 30, 1994] | 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. | |||
| 46:46:2.0.1.3.23.24.1.22 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Y | Subpart Y—Fees | § 67.550 Fee table. | USCG | [USCG-2020-0215, 86 FR 5031, Jan. 19, 2021, as amended by USCG-2023-0305, 88 FR 77902, Nov. 14, 2023] | The fees charged under subpart Y are as set forth in Table 1 to 67.550. Table 1 to § 67.550—Fees 1 When multiple trade endorsements are requested on the same application, only the single highest applicable fee will be charged, resulting in a maximum endorsement fee of $29.00. This does not apply to recreational endorsements. 2 Late renewal fee is in addition to the cost of the endorsement sought. 3 2-5 Year Expiration (Additional Fee Required—$26.00/year). 4 Per page. 5 Fees will be calculated in accordance with 6 CFR part 5, subpart A. | |||
| 46:46:2.0.1.3.23.24.1.3 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Y | Subpart Y—Fees | § 67.503 Application for exchange or replacement of a Certificate of Documentation. | USCG | (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. | ||||
| 46:46:2.0.1.3.23.24.1.4 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Y | Subpart Y—Fees | § 67.505 Application for return of vessel to documentation. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.24.1.5 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Y | Subpart Y—Fees | § 67.507 Application for replacement of lost or mutilated Certificate of Documentation. | USCG | An application fee is charged for replacement of a lost or mutilated Certificate of Documentation in accordance with subpart K of this part. | ||||
| 46:46:2.0.1.3.23.24.1.6 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Y | Subpart Y—Fees | § 67.509 Application for approval of exchange of Certificate of Documentation requiring mortgagee consent. | USCG | 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. | ||||
| 46:46:2.0.1.3.23.24.1.7 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Y | Subpart Y—Fees | § 67.511 Application for trade endorsement(s). | USCG | [CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, as amended by USCG-2009-0702, 74 FR 49230, Sept. 25, 2009] | (a) Coastwise endorsement. An application fee is charged for a coastwise endorsement, 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. | |||
| 46:46:2.0.1.3.23.24.1.8 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Y | Subpart Y—Fees | § 67.513 Application for evidence of deletion from documentation. | USCG | An application fee is charged for evidence of deletion from documentation in accordance with subpart L of this part. | ||||
| 46:46:2.0.1.3.23.24.1.9 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | Y | Subpart Y—Fees | § 67.515 Application for renewal of endorsements. | USCG | [USCG-2010-0990, 79 FR 47023, Aug. 12, 2014, as amended by USCG-2020-0215, 86 FR 5031, Jan. 19, 2021] | An application fee is charged for renewal of endorsements on Certificates of Documentation in accordance with subpart L of this part. | |||
| 46:46:2.0.1.3.23.3.1.1 | 46 | Shipping | I | G | 67 | PART 67—DOCUMENTATION OF VESSELS | C | Subpart C—Citizenship Requirements for Vessel Documentation | § 67.30 Requirement for citizen owner. | USCG | [CGD 89-007, CGD 89-007A, 58 FR 60266, Nov. 15, 1993, as amended by USCG-2016-0531, 82 FR 43864, Sept. 20, 2017] | Certificates of Documentation may be issued under this part only to vessels which are wholly owned by United States citizens. Pursuant to extraordinary legislation at 46 U.S.C. 12118 (Bowater Amendment) and 46 U.S.C. 12117 (Oil Pollution Act of 1990), Certificates of Documentation with limited endorsements may be issued in accordance with part 68 of this chapter to vessels owned by certain persons who are not citizens as defined in this part. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);