46 C.F.R. Subpart L—Validity of Certificates of Documentation; Renewal of Endorsement; Requirement for Exchange, Replacement, Deletion, Cancellation
Title 46 - Shipping
(a) Notwithstanding any other provision of this subpart, except as provided in paragraph (b) of this section, a Certificate of Documentation but no trade endorsement thereon, issued to a vessel which is the subject of an outstanding mortgage filed or recorded in accordance with subpart Q of this part or any predecessor regulations, remains valid for purposes of: (1) 46 U.S.C. chapter 125; (2) 46 U.S.C. chapter 313 for an instrument filed or recorded before the date of invalidation, and an assignment or a notice of claim of lien filed after that date; (3) Sections 9 and 37(b) of the Shipping Act, 1916 (46 U.S.C. app. 808, 835(b)); and (4) Section 902 of the Merchant Marine Act, 1936 (46 U.S.C. app. 1242). (b) The provisions of paragraph (a) of this section do not apply to a vessel which is subject only to a mortgage filed or recorded before January 1, 1989, which had not attained preferred status as of that date. (a) Requirement for renewal of endorsement. Endorsements on Certificates of Documentation are valid for one year. Prior to the expiration of that year, the owner of a vessel which is not exempt from the requirement for documentation under paragraph (c) of §67.9 must apply for renewal of the endorsement(s) by complying with paragraph (b) of this section. The owner of a vessel exempt from the requirement for documentation under paragraph (c) of §67.9 must either: (1) Apply for renewal of the endorsement by complying with paragraph (b) of this section; or (2) Place the Certificate of Documentation on deposit in accordance with §67.165. (b) Renewal application. The owner of a vessel must apply for renewal of each endorsement by executing an original Notice of Expiration (CG–1280) or Final Notice After Expiration (CG–1280–B) certifying that the information contained in the Certificate of Documentation and any endorsement(s) thereon remains accurate, and that the Certificate has not been lost, mutilated, or wrongfully withheld. The completed CG–1280 or CG–1280–B must be forwarded to the Director, National Vessel Documentation Center. (c) Requirement to affix decal. The owner must affix the renewal decal to the Certificate of Documentation. The presence of a current renewal decal is evidence that the endorsement has been renewed. Note: Renewal of endorsements on a Certificate of Documentation may be denied if the vessel owner is the subject of an outstanding civil penalty assessed by the Coast Guard. [CGD 89–007, CGD 89–007a, 58 FR 60266, Nov. 15, 1993, as amended by CGD 95–014, 60 FR 31604, June 15, 1995; USCG–1998–4442, 63 FR 52191, Sept. 30, 1998] (a) Option for deposit in lieu of renewal of endorsement. In lieu of renewing the endorsement(s) in accordance with §67.163, the owner of a vessel which is exempt from the requirement for documentation under paragraph (c) of §67.9 may deposit the vessel's outstanding Certificate of Documentation with the National Vessel Documentation Center. (b) Reporting requirement. The owner of a vessel whose Certificate is on deposit in accordance with paragraph (a) of this section must make a written report to the National Vessel Documentation Center when: (1) Exchange of the Certificate is required upon the occurrence of one or more of the events described in §67.167 (b), (c), or (d); or (2) The vessel is subject to deletion from the roll of actively documented vessels upon the occurrence of one or more of the events described in §67.171(a)(1) through (8). (c) Validity of document on deposit. A Certificate of Documentation placed on deposit in accordance with paragraph (a) of this section is valid for the purposes of: (1) 46 U.S.C. chapter 125; (2) 46 U.S.C. chapter 313; (3) Sections 9 and 37(b) of the Shipping Act, 1916 (46 U.S.C. app. 808, 835(b)); and (4) Section 902 of the Merchant Marine Act, 1936 (46 U.S.C. app. 1242). [CGD 89–007, CGD 89–007a, 58 FR 60266, Nov. 15, 1993; 58 FR 65131, Dec. 13, 1993, as amended by CGD 95–014, 60 FR 31604, June 15, 1995] (a) When application for exchange of the Certificate of Documentation is required upon the occurrence of one or more of the events described in paragraphs (b), (c), or (d) of this section, or the owner of the vessel chooses to apply for exchange of the Certificate pursuant to paragraph (e) of this section, the owner must send or deliver the Certificate to the National Vessel Documentation Center, and apply for an exchange of the Certificate in accordance with subpart K of this part. (b) A Certificate of Documentation together with any endorsement(s) thereon becomes invalid immediately, except as provided in §67.161, when: (1) The ownership of the vessel changes in whole or in part; (2) The general partners of a partnership change by addition, deletion, or substitution; (3) The State of incorporation of any corporate owner of the vessel changes; (4) The name of the vessel changes; (5) The hailing port of the vessel changes; or (6) The vessel is placed under the command of a person who is not a citizen of the United States. (c) A Certificate of Documentation together with any endorsement(s) thereon becomes invalid immediately, except as provided in §67.161 and in paragraph (f) of this section, if the vessel is not a sea, or upon the vessel's next arrival in port anywhere in the world if the vessel is at sea, when: (1) The gross or net tonnages or dimensions of the vessel change; (2) Any beneficiary with an enforceable interest in a trust arrangement owning a vessel changes by addition or substitution; (3) The trustee of a trust arrangement owning a vessel changes by addition, substitution, or deletion; (4) A tenant by the entirety owning any part of the vessel dies; (5) The restrictions imposed on the vessel change by addition or substitution; (6) The legal name of any owner of the vessel changes; (7) A self-propelled vessel becomes non-self-propelled or a non-self-propelled vessel becomes self-propelled; (8) The endorsements for the vessel change by addition, deletion, or substitution; (9) A substantive or clerical error made by the issuing documentation officer is discovered; (10) For a vessel with a coastwise endorsement under 46 U.S.C. 12106(e), except for a vessel with a coastwise endorsement under 46 U.S.C. 12106(e) that was in effect before February 4, 2004— (i) The demise charter expires or is transferred to another charterer; (ii) The citizenship of the charterer or sub-charterer changes to the extent that they are no longer qualified for a coastwise endorsement; (iii) Neither the person that owns the vessel, nor the parent of that person, nor any subsidiary of the parent of that person is primarily engaged in leasing or other financing transactions; (iv) The majority of the aggregate revenues of at least one of the following is derived from the operation or management of vessels: (A) The person that owns the vessel. (B) The parent of the person that owns the vessel. (C) The group of which the person that owns the vessel is a member; or (v) At least one of the following is primarily engaged in the operation or management of commercial, foreign-flag vessels used for the carriage of cargo for parties unrelated to the vessel's owner or charterer: (A) The person that owns the vessel. (B) The parent of the person that owns the vessel. (C) The group of which the person that owns the vessel is a member; or (11) For a vessel with a coastwise endorsement under 46 U.S.C. 12106(e) that was in effect before February 4, 2004— (i) The demise charter expires or is transferred to another charterer; (ii) The citizenship of the charterer or sub-charterer changes to the extent that they are no longer qualified for a coastwise endorsement; or (iii) Neither the person that owns the vessel, nor the parent of that person, nor a subsidiary of the parent of that person is primarily engaged in leasing or other financing transactions. (d) Although a Certificate of Documentation and any endorsements thereon remain valid, the owner of a documented vessel must apply for exchange of the Certificate upon an election to designate a new managing owner of the vessel in accordance with §67.113. (e) Although a Certificate of Documentation and any endorsement(s) thereon remain valid, the owner may apply for exchange of the Certificate if: (1) The restrictions imposed on the vessel change by deletion; or (2) The vessel attains a special entitlement under subpart J of this part. (f) A Certificate of Documentation which becomes invalid pursuant to paragraph (c) of this section remains valid for the purposes of filing a new mortgage or amendment, assignment, assumption, or subordination agreement for 30 days after the date it would otherwise have become invalid. [CGD 89–007, CGD 89–007a, 58 FR 60266, Nov. 15, 1993; 58 FR 65131, Dec. 13, 1993, as amended by CGD 95–014, 60 FR 31604, June 15, 1995; USCG–2001–8825, 69 FR 5401, Feb. 4, 2004] (a) The owner of a documented vessel must make application in accordance with subpart K of this part for replacement of a Certificate of Documentation which is: (1) Lost; (2) Mutilated; or (3) Wrongfully withheld from the vessel owner. (b) When application for replacement of a Certificate of Documentation is required because the Certificate has been mutilated, the existing Certificate must be physically given up to the National Vessel Documentation Center. [CGD 89–007, CGD 89–007a, 58 FR 60266, Nov. 15, 1993; 58 FR 65131, Dec. 13, 1993, as amended by CGD 95–014, 60 FR 31605, June 15, 1995] (a) A Certificate of Documentation together with any endorsement(s) thereon is invalid, except as provided in §67.161, and the vessel is subject to deletion from the roll of actively documented vessels when: (1) The vessel is placed under foreign flag; (2) The vessel is sold or transferred in whole or in part to a person who is not a citizen of the United States within the meaning of subpart C of this part; (3) Any owner of the vessel ceases to be a citizen of the United States within the meaning of subpart C of this part; (4) The owner no longer elects to document the vessel; (5) The vessel no longer measures at least five net tons; (6) The vessel ceases to be capable of transportation by water; (7) The owner fails to exchange the Certificate as required by §67.167; (8) The owner fails to maintain the markings required by subpart I of this part; (9) The endorsements on the Certificate are revoked because the vessel owner is the subject of an outstanding civil penalty assessed by the Coast Guard; or (10) The owner fails to: (i) Renew the endorsement(s) as required by §67.163; or (ii) Comply with the provisions of §67.165. (b) Where a cause for deletion arises for any reason under paragraphs (a) (1) through (6) of this section, the owner must send or deliver the original Certificate of Documentation to the National Vessel Documentation Center together with a statement setting forth the reason(s) deletion is required. (c) When a Certificate of Documentation is required to be deleted because the vessel has been placed under foreign flag or has been sold or transferred in whole or in part to a non-citizen of the United States, the owner of that vessel must comply with the requirements of paragraph (b) of this section, and file: (1) Evidence of the sale or transfer, if any; and (2) Evidence that the Maritime Administration has consented to the sale or transfer, except for vessels identified in §67.11(b) and vessels for which the Maritime Administration has granted approval for unrestricted sale or transfer pursuant to regulations set forth in 46 CFR part 221. (d) A certificate evidencing deletion from U.S. documentation will be issued upon request of the vessel owner to the National Vessel Documentation Center upon compliance with the applicable requirements of this subpart. [CGD 89–007, CGD 89–007a, 58 FR 60266, Nov. 15, 1993, as amended by CGD 94–008, 59 FR 49847, Sept. 30, 1994; CGD 95–014, 60 FR 31605, June 15, 1995] A Certificate of Documentation issued to a vessel together with any endorsement(s) thereon is invalid, except as provided in §67.161, and subject to cancellation upon a determination by the Director, National Vessel Documentation Center that the issuance of the Certificate was improper for any reason. When a Certificate is subject to cancellation, the owner of the vessel upon being notified of such requirement must send or deliver the Certificate to a documentation officer at the National Vessel Documentation Center. The vessel owner may submit an application for exchange in accordance with subpart K of this part to correct the error giving rise to cancellation. If the vessel for which the Certificate was cancelled was previously documented, it remains documented under the previous Certificate of Documentation, unless deleted under the provisions of §67.171. Note: Certificates of Documentation which have been canceled are retained at the National Vessel Documentation Center. [CGD 89–007, CGD 89–007a, 58 FR 60266, Nov. 15, 1993; 58 FR 65131, Dec. 13, 1993, as amended by CGD 95–014, 60 FR 31605, June 15, 1995; USCG–1998–4442, 63 FR 52190, 52191, Sept. 30, 1998]
Title 46: Shipping
PART 67—DOCUMENTATION OF VESSELS
Subpart L—Validity of Certificates of Documentation; Renewal of Endorsement; Requirement for Exchange, Replacement, Deletion, Cancellation
§ 67.161 Validity of Certificate of Documentation.
§ 67.163 Renewal of endorsement.
§ 67.165 Deposit of Certificate of Documentation.
§ 67.167 Requirement for exchange of Certificate of Documentation.
§ 67.169 Requirement for replacement of Certificate of Documentation.
§ 67.171 Deletion; requirement and procedure.
§ 67.173 Cancellation; requirement and procedure.
