46 C.F.R. Subpart D—Title Requirements for Vessel Documentation
Title 46 - Shipping
The owner of a vessel must present title evidence in accordance with one of the methods specified in this subpart: (a) When application is made for a coastwise or a Great Lakes endorsement for a vessel which has not previously been qualified for such endorsement; (b) For initial documentation of a vessel; (c) When the ownership of a documented vessel changes in whole or in part; (d) When the general partners of a partnership owning a documented vessel change by addition, deletion, or substitution, without dissolution of the partnership; or (e) When a vessel which has been deleted from documentation is returned to documentation and there has been an intervening change in ownership. Title to a vessel may be established through one of the following methods: (a) Simplified method without evidence of build. The owner must produce a copy of the last registration of the vessel (State, Federal, or foreign) and evidence which establishes chain of title from that registration to the present owner. (b) Simplified method with evidence of build. The owner must produce a copy of the last registration of the vessel (State, Federal, or foreign) and evidence which establishes chain of title from that registration to the present owner along with evidence of the facts of build in accordance with subpart F of this part. (c) Complete chain of title, without evidence of citizenship for each entity in that chain of title. The owner must provide evidence which establishes: (1) The facts of build in accordance with subpart F of this part; and (2) A complete chain of title for the vessel from the person for whom the vessel was built to the present owner. (d) Complete chain of title, with evidence of citizenship for each entity in that chain of title. The owner must provide evidence which establishes: (1) The facts of build in accordance with subpart F of this part; and (2) A complete chain of title for the vessel from the person for whom the vessel was built to the present owner, accompanied by competent and persuasive evidence establishing the citizenship of each entity in the chain of title. The owner of a vessel must present evidence of removal of the vessel from foreign registry whenever: (a) The owner applies for initial documentation of a vessel that has at any time been registered under the laws of a foreign country; or (b) The owner applies for reentry into documentation of a vessel that had been registered under the laws of a foreign country since it was last documented under the laws of the United States. (a) Vessels never registered under any system: (1) Where a coastwise or Great Lakes endorsement is sought, the only title evidence required for a vessel being documented by the owner for whom it was built is the certification of the builder (form CG–1261) described in §67.99. Any other applicant must present title evidence in accordance with §67.53(d). (2) Where a fishery endorsement is sought, the only title evidence required for a vessel being documented by the owner for whom it was built is the certification of the builder (form CG–1261) described in §67.99. Any other applicant must present title evidence in accordance with either paragraph (c) or (d) of §67.53. (3) Where a registry or recreational endorsement is sought, the only title evidence required for a vessel being documented by the first owner of the vessel is the certification of the builder (form CG–1261) described in §67.99, or a Manufacturer's Certificate of Origin. Any other applicant must also present title evidence in accordance with either paragraph (c)(2) or (d)(2) of §67.53. Note: Manufacturer's Certificates of Origin are sometimes used as shipping documents for vessels, and may recite as the first owner a person other than the person for which the vessel was built. Therefore, a chain of title which begins with a Certificate of Origin will be deemed incomplete. (b) Vessels previously registered under the laws of a State or a foreign government: (1) Where a coastwise or a Great Lakes endorsement is sought, title evidence must be presented in accordance with §67.53(d). (2) Where a fishery endorsement is sought, title evidence must be presented in accordance with paragraph (b), (c), or (d) of §67.53. (3) Where a registry or recreational endorsement is sought, title evidence must be presented in accordance with paragraph (a), (b), (c), or (d) of §67.53. When the ownership of a documented vessel changes, in whole or in part, the applicant for documentation must present: (a) Title evidence in accordance with subpart E of this part to reflect all ownership changes subsequent to the last issuance of a Certificate of Documentation; and (b) Where a registry, fishery, or recreational endorsement is sought, evidence of the citizenship of all owners subsequent to the last owner for whom the vessel was documented except for a vessel: (1) Identified in §67.11(b); or (2) For which the Maritime Administration has granted approval for transfer or sale under 46 CFR part 221. (c) Where a coastwise or Great Lakes endorsement is sought, evidence establishing the citizenship of all owners subsequent to the last owner for whom the vessel was documented with a coastwise or Great Lakes endorsement, if such evidence is not already on file with the Coast Guard. If the vessel has never been documented with a coastwise or Great Lakes endorsement, evidence must be presented to establish the citizenship of each owner of the vessel for whom such evidence is not already on file with the Coast Guard. (a) When the owner of a vessel which has been deleted from documentation applies to have the vessel returned to documentation, the owner must, except as provided in paragraphs (b) and (c) of this section, provide evidence establishing the complete chain of title from the last owner under documentation, and citizenship evidence for all owners in that chain of title. (b) When a vessel is returned to documentation after having been under foreign registry, the owner must provide a copy of the last foreign registry, the evidence of removal from foreign registry required by §67.55, and evidence establishing the complete chain of title from the last owner under foreign registry. No citizenship evidence need be provided for owners in that chain of title. (c) The owner of a vessel identified in §67.11(b) or for which the Maritime Administration has granted approval for transfer or sale, either by written order or by general approval in 46 CFR part 221, and which was under a State or Federal registration or titling system, must provide a copy of the last registration or title, the evidence of removal from foreign registry required by §67.55, if applicable, and evidence establishing the complete chain of title from the last owner under such registry or title. No citizenship evidence need be provided for owners in that chain of title. Note: Although vessels returned to documentation without a complete chain of title are not eligible for coastwise or Great Lakes endorsements, this does not preclude such an endorsement if the chain of title, with citizenship evidence, is completed at a later date.
Title 46: Shipping
PART 67—DOCUMENTATION OF VESSELS
Subpart D—Title Requirements for Vessel Documentation
§ 67.50 Requirement for title evidence.
§ 67.53 Methods of establishing title.
§ 67.55 Requirement for removal from foreign registry.
§ 67.57 Extent of title evidence required for initial documentation.
§ 67.59 Extent of title evidence required for change in ownership of a documented vessel.
§ 67.61 Extent of title evidence required for vessels returning to documentation.
§ 67.63 Extent of title evidence required for captured, forfeited, special legislation, and wrecked vessels.
(a) In the case of a captured or forfeited vessel, the owner must provide evidence establishing the chain of title from the judicial decree of capture or decree of forfeiture, or the evidence of administrative forfeiture described in §67.131(b). Citizenship evidence for all owners in the chain of title is required only if a coastwise or Great Lakes endorsement is sought.
(b) In the case of a vessel which is the subject of special legislation or a wrecked vessel, the owner must provide:
(1) For initial documentation of a vessel or return to documentation of a vessel deleted from documentation, a copy of the last Federal, State, or foreign registration, the evidence of removal from foreign registry required by §67.55, if applicable, and evidence establishing the chain of title from the last registration. If a coastwise or Great Lakes endorsement is sought, the owner must present citizenship evidence for all owners in the chain of title from the grant of special legislation or the determination by the Director, National Vessel Documentation Center that the vessel is eligible for documentation under 46 U.S.C. app. 14.
(2) For a documented vessel, the title evidence reflecting all ownership changes subsequent to the last documented owner of record. In addition, unless the vessel qualifies for exemption under §67.11(b) or the vessel is the subject of Maritime Administration approval for unrestricted transfer, citizenship evidence must be presented for all owners in that chain of title.
[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]
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