46 C.F.R. Subpart A—General
Title 46 - Shipping
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. The following definitions are for terms used in this part. Acknowledgment means: (a) An acknowledgment or notarization in any form which is in substantial compliance with the Uniform Acknowledgments Act, the Uniform Recognition of Acknowledgments Act, the Uniform Law on Notarial Acts, or the statutes of the State within which it is taken, made before a notary public or other official authorized by a law of a State or the United States to take acknowledgment of deeds; (b) An acknowledgment or notarization before a notary or other official authorized to take acknowledgments of deeds by the law of a foreign nation which is a party to the Hague Convention Abolishing the Requirement for Legalisation of Public Documents, 1961, provided that the acknowledgment or notarization is accompanied by the certificate described in Article 3 of that Convention; or (c) Any attestation which is substantially in the following form:
State: County: On [date] the person(s) named above acknowledged execution of the foregoing instrument in their stated capacity(ies) for the purpose therein contained. Notary Public My commission expires: [date] Affiliate means a person that is less than 50 percent owned or controlled by another person. Captured vessel means a vessel which has been taken by citizens of the United States during a period of war and is thereafter condemned as a prize by a court of competent jurisdiction. Certification of Documentation means form CG–1270. Citizen, unless expressly provided otherwise, means a person meeting the applicable citizenship requirements of subpart C of this part as a United States citizen. Coastwise trade includes the transportation of passengers or merchandise between points embraced within the coastwise laws of the United States. Commandant means the Commandant of the United States Coast Guard. Documentation officer means the Coast Guard official who is authorized to process and approve applications made under this part, and record instruments authorized to be filed and recorded under this part. Documented vessel means a vessel which is the subject of a valid Certificate of Documentation. Endorsement means an entry which may be made on a Certificate of Documentation, and which, except for a recreational endorsement, is conclusive evidence that a vessel is entitled to engage in a specified trade. Note: Rulings and interpretations concerning what activities constitute coastwise trade and the fisheries can be obtained from the U.S Customs Service, 1300 Pennsylvania Avenue, NW, Ronald Reagan Building, Washington DC 20229 (Entry Procedures and Carriers Branch). Exclusive Economic Zone (EEZ) means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983 (48 FR 10105, 3 CFR, 1983 Comp., p. 22). Fisheries includes processing, storing, transporting (except in foreign commerce), planting, cultivating, catching, taking, or harvesting fish, shellfish, marine animals, pearls, shells, or marine vegetation in the navigable waters of the United States or in the Exclusive Economic Zone. Forfeited vessel means a vessel: (1) Which has been adjudged forfeited by a Federal District Court to the Federal Government of the United States for a breach of its laws; or (2) Which has been forfeited under an administrative forfeiture action to the Federal Government of the United States for a breach of its laws; or (3) Which has been seized by the Federal Government of the United States for a breach of its laws and which has been sold at an interlocutory sale, the proceeds of which have been adjudged forfeited by a Federal District Court to the Federal Government of the United States. A vessel is considered forfeited within the meaning of this definition even if the proceeds, though adjudged forfeited to the United States, do not actually accrue to the United States. Group means the person that owns a vessel, the parent of that person, and all subsidiaries and affiliates of the parent of that person. Hull means the shell, or outer casing, and internal structure below the main deck which provide both the flotation envelope and structural integrity of the vessel in its normal operations. In the case of a submersible vessel, the term includes all structural members of the pressure envelope. Manufacturer's Certificate of Origin means a certificate issued under the law or regulation of a State, evidencing transfer of a vessel from the manufacturer as defined in 33 CFR part 181 to another person. National Vessel Documentation Center means the organizational unit designated by the Commandant to process vessel documentation transactions and maintain vessel documentation records. The address is: National Vessel Documentation Center, 792 T.J. Jackson Drive, Falling Waters, WV 25419. Telephone: (800) 799-VDOC (8362). New vessel means a vessel: (1) The hull and superstructure of which are constructed entirely of new materials; or (2) Which is constructed using structural parts of an existing vessel, which parts have been torn down so that they are no longer advanced to a degree which would commit them to use in the building of a vessel. Officer in Charge, Marine Inspection (OCMI) means the Coast Guard official designated as such by the Commandant, under the superintendence and direction of a Coast Guard District Commander, who is in charge of an inspection zone in accordance with regulations set forth in 46 CFR part 1. Operation or management of vessels means all activities related to the use of vessels to provide services. These activities include ship agency; ship brokerage; activities performed by a vessel operator or demise charterer in exercising direction and control of a vessel, such as crewing, victualing, storing, and maintaining the vessel and ensuring its safe navigation; and activities associated with controlling the use and employment of the vessel under a time charter or other use agreement. It does not include activities directly associated with making financial investments in vessels or the receipt of earnings derived from these investments. Parent means any person that directly or indirectly owns or controls at least 50 percent of another person. If an owner's parent is directly or indirectly controlled at least 50 percent by another person, that person is also a parent of the owner. Therefore, an owner may have multiple parents. Person means an individual; corporation; partnership; limited liability partnership; limited liability company; association; joint venture; trust arrangement; and the government of the United States, a State, or a political subdivision of the United States or a State; and includes a trustee, beneficiary, receiver, or similar representative of any of them. Primarily engaged in leasing or other financing transactions means lease financing, in which more than 50 percent of the aggregate revenue of a person is derived from banking, investing, lease financing, or other similar transactions. Registration means a certificate of number issued pursuant to rules in 33 CFR part 173, a record under the maritime laws of a foreign country, or a certificate issued by a political subdivision of a foreign country. Secretary means the Secretary of Transportation. State means a State of the United States or a political subdivision thereof, Guam, Puerto Rico, the Virgin Islands, American Samoa, the District of Columbia, the Northern Mariana Islands, and any other territory or possession of the United States. Sub-charter means all types of charters or other contracts for the use of a vessel that are subordinate to a charter. The term includes, but is not limited to, a demise charter, a time charter, a voyage charter, a space charter, and a contract of affreightment. Subsidiary means a person at least 50 percent of which is directly or indirectly owned or controlled by another person. Superstructure means the main deck and any other structural part above the main deck. United States, when used in a geographic sense means the States of the United States, Guam, Puerto Rico, the Virgin Islands, American Samoa, the District of Columbia, the Northern Mariana Islands, and any other territory or possession of the United States, except that for purposes of §67.19(d)(3) trust territories are not considered to be part of the United States. Vessel includes every description of watercraft or other contrivance capable of being used as a means of transportation on water, but does not include aircraft. Wrecked vessel, under the provisions of 46 U.S.C. app. 14, means a vessel which: (1) Has incurred substantial damage to its hull or superstructure as a result of natural or accidental causes which occurred in the United States or its adjacent waters; and (2) Has undergone, in a shipyard in the United States or its possessions, repairs equaling three times the appraised salved value of the vessel. [CGD 89–007, CGD 89–007a, 58 FR 60266, Nov. 15, 1993, as amended by CGD 95–014, 60 FR 31603, June 15, 1995; CDG 94–070, 60 FR 40241, Aug. 7, 1995; CGD 95–012, 60 FR 48050, Sept. 18, 1995; USCG–1998–4442, 63 FR 52190, Sept. 30, 1998; USCG–2001–8825, 69 FR 5400, Feb. 4, 2004; USCG–2004–18884, 69 FR 58346, Sept. 30, 2004] 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. Any vessel of at least five net tons which engages in the fisheries on the navigable waters of the United States or in the Exclusive Economic Zone, Great Lakes trade, or coastwise trade, unless exempt under §67.9(c), must have a Certificate of Documentation bearing a valid endorsement appropriate for the activity in which engaged. (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. (a) Unless approved by the Maritime Administration— (1) A documented vessel or a vessel last documented under the laws of the United States may not be placed under foreign registry or operated under the authority of a foreign country. (2) A documented vessel or a vessel last documented under the laws of the United States owned by a citizen of the United States as defined in section 2 of the Shipping Act, 1916 (46 U.S.C. app. 802), may not be sold, mortgaged, leased, chartered, delivered, or otherwise transferred to any person who is not a citizen of the United States as defined in section 2 of the Shipping Act, 1916 (46 U.S.C. app. 802). (b) The restrictions in paragraph (a)(2) of this section do not apply to a vessel that has been operated only as: (1) A fishing vessel, fish processing vessel, or fish tender vessel as defined in 46 U.S.C. 2101; (2) A recreational vessel; or (3) Both. Note: For purposes of carrying out its responsibilities under the provisions of this part only, the Coast Guard will deem a vessel which has been documented exclusively with a fishery or recreational endorsement or both from the time it was first documented, or for a period of not less than one year prior to foreign transfer or registry, to qualify for the exemption granted in paragraph (b) of this section. (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. [CGD 89–007, CGD 89–007a, 58 FR 60266, Nov. 15, 1003, as amended by USCG–1999–6095, 65 FR 76575, Dec. 7, 2000] 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. (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 (b) The material approved for incorporation by reference in this part and the section affected is as follows:
U.S. Department of Commerce, National Technical Information Service, Springfield, VA 22181 Federal Information Processing Standards Publication 55DC, Guideline: Codes For Named Populated Places, Primary County Divisions, And Other Locational Entities of the United States and Outlying Areas (1987)—67.119 [CGD 89–007, CGD 89–007a, 58 FR 60266, Nov. 15, 1993, as amended by CGD 95–070, 60 FR 40241, Aug. 7, 1995; USCG–2004–18884, 69 FR 58346, Sept. 30, 2004] (a) Purpose. This section collects and displays the control numbers assigned to information collection and recordkeeping requirements in this subchapter by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). The Coast Guard intends that this section comply with the requirements of 44 U.S.C. 3507(f) which requires that agencies display a current control number assigned by the Director of the OMB for each approved agency information collection requirement. (b) Display. [CGD 89–007, CGD 89–007a, 58 FR 60266, Nov. 15, 1993, as amended by USCG–2004–18884, 69 FR 58346, Sept. 30, 2004]
Title 46: Shipping
PART 67—DOCUMENTATION OF VESSELS
Subpart A—General
§ 67.1 Purpose.
§ 67.3 Definitions.
§ 67.5 Vessels eligible for documentation.
§ 67.7 Vessels requiring documentation.
§ 67.9 Vessels excluded from or exempt from documentation.
§ 67.11 Restriction on transfer of an interest in documented vessels to foreign persons; foreign registry or operation.
§ 67.12 Right of appeal.
§ 67.13 Incorporation by reference.
§ 67.14 OMB control numbers assigned pursuant to the Paperwork Reduction Act.
------------------------------------------------------------------------ Current OMB 46 CFR part or section where identified or described control No.------------------------------------------------------------------------Part 67.................................................... 1625-0027Part 68.................................................... 1625-0027------------------------------------------------------------------------
