33 C.F.R. Subpart A—General
Title 33 - Navigation and Navigable Waters
States electing to participate in the Vessel Identification System (VIS) are affected by this part. Only vessels numbered or titled by a participating State are affected by this part. Vessels documented under 46 U.S.C. chapter 121 and 46 CFR parts 67 and 68 are not affected. The purposes of this part are to— (a) Establish minimum requirements for States electing to participate in VIS; (b) Prescribe guidelines for State vessel titling systems; and (c) Explain how to obtain certification of compliance with State guidelines for vessel titling systems for the purpose of conferring preferred status on mortgages, instruments, or agreements under 46 U.S.C. 31322(d). As used in this part— Approved Numbering System means a numbering system approved by the Secretary of Transportation under 46 U.S.C. Chapter 123. Certificate of Documentation means the certificate issued by the Coast Guard for a documented vessel under 46 U.S.C. 12103 (Form CG–1270). Certificate of Origin or COO means a document establishing the initial chain of ownership, such as a manufacturer's certificate of origin (MCO) or statement of origin (MSO), an importer's certificate of origin (ICO) or statement of origin (ISO), or a builder's certification (Form CG–1261; see 46 CFR part 67). Certificate of Ownership means the Certificate of Ownership issued by the Coast Guard under 46 CFR part 67 (Form CG–1330). Commandant means the Commandant of the United States Coast Guard. Dealer means any person who engages wholly or in part in the business of buying, selling, or exchanging new or used vessels, or both, either outright or on conditional sale, bailment, lease, chattel mortgage or otherwise. A dealer must have an established place of business for the sale, trade, and display of such vessels. Documented vessel means a vessel documented under 46 U.S.C. chapter 121. Hull Identification Number or HIN means the number assigned to a vessel under subpart C of 33 CFR part 181. Issuing authority means either a State that has an approved numbering system or the Coast Guard in a State that does not have an approved numbering system. Manufacturer means any person engaged in the business of manufacturing or importing new vessels for the purpose of sale or trade. Owner means a person, other than a secured party, having property rights in, or title to, a vessel. “Owner” includes a person entitled to use or possess a vessel subject to a security interest in another person, but does not include a lessee under a lease not intended as security. Participating State means a State certified by the Commandant as meeting the requirements of subpart C of this part. States meeting this definition will be listed in Appendix A to this part. Person means an individual, firm, partnership, corporation, company, association, joint-stock association, or governmental entity and includes a trustee, receiver, assignee, or similar representative of any of them. Secured party means a lender, seller, or other person in whose favor there is a security interest under applicable law. Security interest means an interest that is reserved or created by an agreement under applicable law and that secures payment or performance of an obligation. State means a State of the United States, the District of Columbia, American Samoa, Guam, Northern Mariana Islands, Puerto Rico, U.S. Virgin Islands, and any other territory or possession of the United States. Titled vessel means a vessel titled by a State. Titling authority means a State whose vessel titling system has been certified by the Commandant under subpart D of this part. Titling authorities participating in VIS will be listed in Appendix B to this part. Vessel includes every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. Vessel Identification System or VIS means a system for collecting information on vessels and vessel ownership as required by 46 U.S.C. 12501. (a) The vessel identifier for a vessel having a valid HIN is the HIN. (b) If a vessel does not have a valid HIN, a vessel identifier is assigned under the following table: (a) A State must submit a written request to the Commandant (G-OPB) certifying that it will comply with the VIS participation requirements in subpart C of this part. (b) The Commandant will review the request and determine if the State is complying with the VIS participation requirements. If so, the Commandant will certify compliance by listing the State in Appendix A to this part. (c) Appendix A to this part will list those States certified by the Commandant to participate in VIS. When the Commandant determines that a State is not complying with the participation requirements, it will lose its certification and will be deleted from Appendix A to this part. (a) A State must submit a written request to the Commandant (G-OPB). The request must include a copy of the State's titling laws, regulations and administrative procedures, and certify that the State will comply with the VIS participation requirements in subpart C of this part. (b) The Commandant will review the request and determine if the State is complying with the Guidelines for State Vessel Titling Systems in subpart D of this part. If the State is complying with the guidelines, the Commandant will certify compliance and list the State in Appendix B to this part. (c) Appendix B to this part will list States certified by the Commandant. When the Commandant determines that a State is not complying with the vessel titling guidelines, it will lose its certification and be deleted from Appendix B to this part. A mortgage, instrument, or agreement granting a security interest perfected under State law covering the whole of a vessel titled under the law of a participating State is a preferred mortgage if the State is certified under §187.13.
Title 33: Navigation and Navigable Waters
PART 187—VESSEL IDENTIFICATION SYSTEM
Subpart A—General
§ 187.1 Which States are affected by this part?
§ 187.3 What vessels are affected by this part?
§ 187.5 What are the purposes of this part?
§ 187.7 What are the definitions of terms used in this part?
§ 187.9 What is a vessel identifier and how is one assigned?
Table 187.9(b)_Vessel Identifier Assignments------------------------------------------------------------------------ And does not have a Then the vessel If the vessel is: valid HIN: identifier is:------------------------------------------------------------------------(1) Documented.............. .................... The official number assigned by the Coast Guard under 46 CFR part 67.(2) Documented.............. And is transferred The HIN assigned by to a new owner. the Coast Guard.(3) Undocumented............ And must be numbered The number issued on under 33 CFR parts a certificate of 173 and 174. number by the issuing authority of the State of principal operation, provided the number will not be used in the future to identify a different vessel.(4) Undocumented............ And is transferred The HIN assigned by to a new owner. the issuing authority of the State of principal operation.(5) Undocumented............ And the vessel is The HIN assigned by required to be the issuing numbered or titled authority of the in a new State of State of principal principal operation. operation.------------------------------------------------------------------------
§ 187.11 What are the procedures to participate in VIS?
§ 187.13 What are the procedures for obtaining certification of compliance with guidelines for State vessel titling systems?
§ 187.15 When is a mortgage a preferred mortgage?
