[Title 46 CFR G]
[Code of Federal Regulations (annual edition) - October 1, 2006 Edition]
[Title 46 - SHIPPING]
[Chapter I - COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)]
[Subchapter G - DOCUMENTATION AND MEASUREMENT OF VESSELS]
[From the U.S. Government Publishing Office]
46SHIPPING22006-10-012006-10-01falseDOCUMENTATION AND MEASUREMENT OF VESSELSGSUBCHAPTER GSHIPPINGCOAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
SUBCHAPTER G_DOCUMENTATION AND MEASUREMENT OF VESSELS
PART 66 [RESERVED]
PART 67_DOCUMENTATION OF VESSELS--Table of Contents
Subpart A_General
Sec.
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.
Subpart B_Forms of Documentation; Endorsements; Eligibility of Vessel
67.15 Form of document--all endorsements.
67.17 Registry endorsement.
67.19 Coastwise or Great Lakes endorsement.
67.20 Coastwise endorsement for a vessel under a demise charter.
67.21 Fishery endorsement.
67.23 Recreational endorsement.
Subpart C_Citizenship Requirements for Vessel Documentation
67.30 Requirement for citizen owner.
67.31 Stock or equity interest requirements.
67.33 Individual.
67.35 Partnership.
67.36 Trust.
67.37 Association or joint venture.
67.39 Corporation.
67.41 Governmental entity.
67.43 Evidence of citizenship.
67.47 Requirement for Maritime Administration approval.
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.
Subpart E_Acceptable Title Evidence; Waiver
67.70 Original owner.
67.73 Transfers prior to documentation.
67.75 Transfers by sale or donation subsequent to documentation.
67.77 Passage of title by court action.
67.79 Passage of title without court action following death of owner.
67.81 Passage of title in conjunction with a corporate merger or similar
transaction.
67.83 Passage of title by extra-judicial repossession and sale.
67.85 Change in general partners of partnership.
67.87 Change of legal name of owner.
67.89 Waiver of production of a bill of sale eligible for filing and
recording.
67.91 Passage of title pursuant to operation of State law.
Subpart F_Build Requirements for Vessel Documentation
67.95 Requirement for determination.
67.97 United States built.
67.99 Evidence of build.
67.101 Waiver of evidence of build.
Subpart G_Tonnage and Dimension Requirements for Vessel Documentation
67.105 Requirement for determination.
67.107 System of measurement; evidence.
Subpart H_Assignments and Designations Required for Vessel Documentation
67.111 Assignment of official number.
67.113 Managing owner designation; address; requirement to report change
of address.
67.117 Vessel name designation.
67.119 Hailing port designation.
Subpart I_Marking Requirements for Vessel Documentation
67.120 General requirement.
67.121 Official number marking requirement.
67.123 Name and hailing port marking requirements.
67.125 Disputes.
[[Page 338]]
Subpart J_Application for Special Qualifications for Vessel
Documentation
67.130 Submission of applications.
67.131 Forfeited vessels.
67.132 Special legislation.
67.133 Wrecked vessels.
67.134 Captured vessels.
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.
67.142 Penalties.
67.143 Restriction on withdrawal of application.
67.145 Restrictions on exchange; requirement and procedure for mortgagee
consent.
67.147 Application procedure: Coastwise endorsement for a vessel under a
demise charter.
67.149 Exchange of Certificate of Documentation; vessel at sea.
67.151 Replacement of Certificate of Documentation; special procedure
for wrongfully withheld document.
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.
Subpart M_Miscellaneous Applications
67.175 Application for new vessel determination.
67.177 Application for foreign rebuilding determination.
67.179 Application procedure: Coastwise operation of a barge under a
demise charter.
Subpart N [Reserved]
Subpart O_Filing and Recording of Instruments_General Provisions
67.200 Instruments eligible for filing and recording.
67.203 Restrictions on filing and recording.
67.205 Requirement for vessel identification.
67.207 Requirement for date and acknowledgment.
67.209 Required number of copies.
67.211 Requirement for citizenship declaration.
67.213 Place of filing and recording.
67.215 Date and time of filing.
67.217 Termination of filing and disposition of instruments.
67.219 Optional filing of instruments by facsimile.
Subpart P_Filing and Recording of Instruments_Bills of Sale and Related
Instruments
67.220 Requirements.
67.223 Filing limitation.
Subpart Q_Filing and Recording of Instruments_Mortgages, Preferred
Mortgages, and Related Instruments
67.231 General requirements; optional application for filing and
recording.
67.233 Restrictions on recording mortgages, preferred mortgages, and
related instruments.
67.235 Requirements for mortgages.
67.237 Requirements for assignments of mortgages.
67.239 Requirements for assumptions of mortgages.
67.241 Requirements for amendments of or supplements to mortgages.
67.243 Requirements for instruments subordinating mortgages.
67.245 Requirements for interlender agreements.
Subpart R_Filing and Recording of Instruments_Notices of Claim of Lien
and Supplemental Instruments
67.250 General requirements.
67.253 Requirements for notices of claim of lien.
67.255 Restrictions on filing and recording.
67.257 Requirements for assignments of notices of claim of lien.
67.259 Requirements for amendments to notice of claim of lien.
Subpart S_Removal of Encumbrances
67.261 General requirements.
67.263 Requirement for removal of encumbrances by court order,
affidavit, or Declaration of Forfeiture.
67.265 Requirements for instruments evidencing satisfaction or release.
Subpart T_Abstracts of Title, and Certificates of Ownership
67.301 Issuance of Abstract of Title.
[[Page 339]]
67.303 Issuance of Certificate of Ownership.
Subpart U_Special Provisions
67.311 Alteration of Certificate of Documentation.
67.313 Requirement to have Certificate of Documentation on board.
67.315 Requirement to produce Certificate of Documentation.
67.317 Requirement to renew endorsements on the Certificate of
Documentation.
67.319 Requirement to report change in vessel status and surrender
Certificate of Documentation.
67.321 Requirement to report change of address of managing owner.
67.323 Operation without documentation.
67.325 Violation of endorsement.
67.327 Operation under Certificate of Documentation with invalid
endorsement.
67.329 Unauthorized name change.
67.331 Improper markings.
Subpart V_Exception From Fishery Endorsement Requirements Due to
Conflict With International Agreements
67.350 Conflicts with international agreements.
67.352 Applicability.
Subparts W-X [Reserved]
Subpart Y_Fees
67.500 Applicability.
67.501 Application for Certificate of Documentation.
67.503 Application for exchange or replacement of a Certificate of
Documentation.
67.505 Application for return of vessel to documentation.
67.507 Application for replacement of lost or mutilated Certificate of
Documentation.
67.509 Application for approval of exchange of Certificate of
Documentation requiring mortgagee consent.
67.511 Application for trade endorsement(s).
67.513 Application for evidence of deletion from documentation.
67.515 [Reserved]
67.517 Application for late renewal.
67.519 Application for waivers.
67.521 Application for new vessel determination.
67.523 Application for wrecked vessel determination.
67.525 Application for determination of rebuild.
67.527 Application for filing and recording bills of sale and
instruments in the nature of a bill of sale.
67.529 Application for filing and recording mortgages and related
instruments.
67.531 Application for filing and recording notices of claim of lien.
67.533 Application for Certificate of Compliance.
67.535 Issuance of Abstract of Title.
67.537 Issuance of Certificate of Ownership.
67.539 Copies of instruments and documents.
67.540 Facsimile handling fee.
67.550 Fee table.
Authority: 14 U.S.C. 664; 31 U.S.C. 9701; 42 U.S.C. 9118; 46 U.S.C.
2103, 2107, 2110, 12106, 12120, 12122; 46 U.S.C. app. 841a, 876;
Department of Homeland Security Delegation No. 0170.1.
Source: CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, unless
otherwise noted.
Subpart A_General
Sec. 67.1 Purpose.
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.
Sec. 67.3 Definitions.
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
[[Page 340]]
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
[[Page 341]]
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 Sec. 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]
Sec. 67.5 Vessels eligible for documentation.
Any vessel of at least five net tons wholly owned by a citizen or
citizens of
[[Page 342]]
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.
Sec. 67.7 Vessels requiring documentation.
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 Sec. 67.9(c), must have a Certificate of Documentation bearing a
valid endorsement appropriate for the activity in which engaged.
Sec. 67.9 Vessels excluded from or exempt from documentation.
(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.
Sec. 67.11 Restriction on transfer of an interest in documented vessels
to foreign persons; foreign registry or operation.
(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]
Sec. 67.12 Right of appeal.
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.
Sec. 67.13 Incorporation by reference.
(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
[[Page 343]]
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/code--of--federal--regulations/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
[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]
Sec. 67.14 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
(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.
------------------------------------------------------------------------
Current OMB
46 CFR part or section where identified or described control No.
------------------------------------------------------------------------
Part 67.................................................... 1625-0027
Part 68.................................................... 1625-0027
------------------------------------------------------------------------
[CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, as amended by
USCG-2004-18884, 69 FR 58346, Sept. 30, 2004]
Subpart B_Forms of Documentation; Endorsements; Eligibility of Vessel
Sec. 67.15 Form of document--all endorsements.
(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, Great Lakes, 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.
Note: 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.
[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]
Sec. 67.17 Registry endorsement.
(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, Great Lakes, or
fishery endorsement is not required.
(b) Any vessel eligible for documentation under Sec. 67.5 is
eligible for a registry endorsement.
(c) A vessel otherwise eligible for a registry endorsement for which
the Maritime Administration has not given approval for unrestricted
transfer pursuant to 46 CFR part 221 loses that eligibility during any
period in which it is mortgaged to a person not identified in Sec.
67.233(b).
Sec. 67.19 Coastwise or Great Lakes endorsement.
(a) A coastwise endorsement entitles a vessel to employment in
unrestricted
[[Page 344]]
coastwise trade, dredging, towing, and any other employment for which a
registry, fishery, or Great Lakes endorsement is not required.
(b) A Great Lakes endorsement entitles a vessel to employment in the
Great Lakes trade, towing in the Great Lakes, and any other employment
for which a registry, fishery, or coastwise endorsement is not required.
(c) If eligible for documentation and not restricted from coastwise
or Great Lakes trade by paragraph (d) or (e) of this section, the
following vessels are eligible for a coastwise or Great Lakes
endorsement or both:
(1) Vessels built in the United States (Sec. 67.97);
(2) Forfeited vessels (Sec. 67.131);
(3) Vessels granted coastwise trading privileges by special
legislation (Sec. 67.132);
(4) Wrecked vessels (Sec. 67.133);
(5) Captured vessels (Sec. 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. app. 808).
(d) A vessel otherwise eligible for a coastwise or Great Lakes
endorsement under paragraph (c) 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 Sec. 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 Sec. 67.3.
(e) A vessel otherwise eligible for a coastwise or Great Lakes
endorsement under paragraph (c) of this section loses that eligibility,
except as provided in paragraph (f) of this section, during any period
in which it is:
(1) Owned by a corporation which does not meet the citizenship
requirements of Sec. 67.39(c);
(2) Owned by a partnership which does not meet the citizenship
requirements of Sec. 67.35(a); or
(3) Mortgaged to a person not identified in Sec. 67.233(b).
(f) The restriction imposed by paragraph (e)(2) of this section does
not apply to any vessel for which the Maritime Administration has given
approval for unrestricted transfer pursuant to regulations set forth in
46 CFR part 221.
[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]
Sec. 67.20 Coastwise endorsement for a vessel under a demise charter.
(a) Except as under paragraphs (b) through (e) of this section, to
be eligible for a coastwise endorsement under 46 U.S.C. 12106(e) and to
operate in coastwise trade under 46 U.S.C. 12106(e) and 12110(b), a
vessel under a demise charter must meet the following:
(1) The vessel is eligible for documentation under 46 U.S.C. 12102.
(2) The vessel is eligible for a coastwise endorsement under Sec.
67.19(c), has not lost coastwise eligibility under Sec. 67.19(d), and
was financed with lease financing.
(3) The person that owns the vessel, the parent of that person, or a
subsidiary of the parent of that person is primarily engaged in leasing
or other financing transactions.
(4) The person that owns the vessel is organized under the laws of
the United States or of a State.
(5) None of the following is primarily engaged in the direct
operation or management of vessels:
(i) The person that owns the vessel.
(ii) The parent of the person that owns the vessel.
(iii) The group of which the person that owns the vessel is a
member.
(6) The ownership of the vessel is primarily a financial investment
without the ability and intent to directly or indirectly control the
vessel's operations by a person not primarily engaged in the direct
operation or management of vessels.
[[Page 345]]
(7) The majority of the aggregate revenues of each of the following
is not derived from the operation or management of vessels:
(i) The person that owns the vessel.
(ii) The parent of the person that owns the vessel.
(iii) The group of which the person that owns the vessel is a
member.
(8) None 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:
(i) The person that owns the vessel.
(ii) The parent of the person that owns the vessel.
(iii) The group of which the person that owns the vessel is a
member.
(9) The person that owns the vessel has transferred to a qualified
U.S. citizen under 46 U.S.C. app. 802 full possession, control, and
command of the U.S.-built vessel through a demise charter in which the
demise charterer is considered the owner pro hac vice during the term of
the charter.
(10) The charterer must certify to the Director, National Vessel
Documentation Center, that the charterer is a citizen of the United
States for engaging in the coastwise trade under 46 U.S.C. app. 802.
(11) The demise charter is for a period of at least 3 years, unless
a shorter period is authorized by the Director, National Vessel
Documentation Center, under circumstances such as--
(i) When the vessel's remaining life would not support a charter of
3 years; or
(ii) To preserve the use or possession of the vessel.
(b) A vessel under a demise charter that was eligible for, and
received, a document with a coastwise endorsement under Sec. 67.19 and
46 U.S.C. 12106(e) before February 4, 2004, may continue to operate
under that endorsement on and after that date and may renew the document
and endorsement if the certificate of documentation is not subject to--
(1) Exchange under Sec. 67.167(b)(1) through (b)(3);
(2) Deletion under Sec. 67.171(a)(1) through (a)(6); or
(3) Cancellation under Sec. 67.173.
(c) A vessel under a demise charter that was constructed under a
building contract that was entered into before February 4, 2004, in
reliance on a letter ruling from the Coast Guard issued before February
4, 2004, is eligible for documentation with a coastwise endorsement
under Sec. 67.19 and 46 U.S.C. 12106(e). The vessel may continue to
operate under that endorsement and may renew the document and
endorsement if the certificate of documentation is not subject to--
(1) Exchange under Sec. 67.167(b)(1) through (b)(3);
(2) Deletion under Sec. 67.171(a)(1) through (a)(6); or
(3) Cancellation under Sec. 67.173.
(d) A barge deemed eligible under 46 U.S.C. 12106(e) and 12110(b) to
operate in coastwise trade before February 4, 2004, may continue to
operate in that trade after that date unless--
(1) The ownership of the barge changes in whole or in part;
(2) The general partners of a partnership owning the barge change by
addition, deletion, or substitution;
(3) The State of incorporation of any corporate owner of the barge
changes;
(4) The barge is placed under foreign flag;
(5) Any owner of the barge ceases to be a citizen within the meaning
of subpart C of this part; or
(6) The barge ceases to be capable of transportation by water.
(e) A barge under a demise charter that was constructed under a
building contract that was entered into before February 4, 2004, in
reliance on a letter ruling from the Coast Guard issued before February
4, 2004, is eligible to operate in coastwise trade under 46 U.S.C.
12106(e) and 12110(b). The barge may continue to operate in coastwise
trade unless--
(1) The ownership of the barge changes in whole or in part;
(2) The general partners of a partnership owning the barge change by
addition, deletion, or substitution;
(3) The State of incorporation of any corporate owner of the barge
changes;
(4) The barge is placed under foreign flag;
(5) Any owner of the barge ceases to be a citizen within the meaning
of subpart C of this part; or
[[Page 346]]
(6) The barge ceases to be capable of transportation by water.
(f) To apply for a coastwise endorsement for a vessel under a demise
charter, see Sec. 67.147 and, for a barge, see Sec. 67.179.
[USCG-2001-8825, 69 FR 5400, Feb. 4, 2004]
Sec. 67.21 Fishery endorsement.
(a) A fishery endorsement entitles a vessel to employment in the
fisheries as defined in Sec. 67.3, subject to Federal and State laws
regulating the fisheries, and in any other employment for which a
registry, coastwise, or Great Lakes 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 (Sec. 67.97);
(2) Forfeited vessels (Sec. 67.131);
(3) Vessels granted fisheries privileges by special
legislation(Sec. 67.132);
(4) Wrecked vessels (Sec. 67.133); and
(5) Captured vessels (Sec. 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 Sec. 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 Sec. 67.35(b);
(2) Owned by a corporation which does not meet the citizenship
requirements of Sec. 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 States or pursuant to the South Pacific Regional
Fisheries Treaty may continue to operate as set out in 46 U.S.C.
12102(c)(5), provided that the owner of the vessel continues to comply
with the fishery endorsement requirements that were in effect on October
1, 1998.
(f) An individual or entity that is otherwise eligible to own a
vessel with a fishery endorsement shall be ineligible if an instrument
or evidence of indebtedness, secured by a mortgage of the vessel, to a
trustee eligible to own a vessel with a fishery endorsement is issued,
assigned, transferred, or held in trust for a person not eligible to own
a vessel with a fishery endorsement, unless the Commandant determines
that the issuance, assignment, transfer, or trust arrangement does not
result in an impermissible transfer of control of the vessel and that
the trustee:
(1) Is organized as a corporation that meets Sec. 67.39(b) of this
part, and is doing business under the laws of the United States or of a
State;
(2) Is authorized under those laws to exercise corporate trust
powers which meet Sec. 67.36(b) of this part;
(3) Is subject to supervision or examination by an official of the
United States Government or a State;
(4) Has a combined capital and surplus (as stated in its most recent
published report of condition) of at least $3,000,000; and
(5) Meets any other requirements prescribed by the Commandant.
For vessels greater than or equal to 100 feet in length, approval of
such an arrangement from the Maritime Administration will be accepted as
evidence that the above conditions are met and will be approved by the
Commandant. For vessels less than 100 feet,
[[Page 347]]
a standard loan and mortgage agreement that has received general
approval under 46 CFR 356.21 will be accepted as evidence that the above
conditions are met and will be approved by the Commandant.
[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]
Sec. 67.23 Recreational endorsement.
(a) A recreational endorsement entitles a vessel to pleasure use
only.
(b) Any vessel eligible for documentation under Sec. 67.5 is
eligible for a recreational endorsement.
Note: 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.
Subpart C_Citizenship Requirements for Vessel Documentation
Sec. 67.30 Requirement for citizen owner.
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. app. 883-1 (Bowater Amendment)
and 46 U.S.C. 12106(d) (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.
Sec. 67.31 Stock or equity interest requirements.
(a) The stock or equity interest requirements for citizenship under
this subpart encompass: Title to all classes of stock; title to voting
stock; and ownership of equity. An otherwise qualifying corporation or
partnership may fail to meet stock or equity interest requirements
because: Stock is subject to trust or fiduciary obligations in favor of
non-citizens; non-citizens exercise, directly or indirectly, voting
power; or non-citizens, by any means, exercise control over the entity.
The applicable stock or equity interest requirement is not met if the
amount of stock subject to obligations in favor of non-citizens, non-
citizen voting power, or non-citizen control exceeds the percentage of
the non-citizen interest permitted.
(b) For the purpose of stock or equity interest requirements for
citizenship under this subpart, control of non-fishing industry vessels
includes an absolute right to: Direct corporate or partnership business;
limit the actions of or replace the chief executive officer, a majority
of the board of directors, or any general partner; direct the transfer
or operations of any vessel owned by the corporation or partnership; or
otherwise exercise authority over the business of the corporation or
partnership. Control does not include the right to simply participate in
these activities or the right to receive a financial return, e.g.,
interest or the equivalent of interest on a loan or other financing
obligations.
(c) For the purpose of this section, control of a fishing industry
vessel means having:
(1) The right to direct the business of the entity that owns the
vessel;
(2) The right to limit the actions of or to replace the chief
executive officer, the majority of the board of directors, any general
partner, or any person serving in a management capacity of the entity
that owns the vessel;
(3) The right to direct the transfer, the operation, or the manning
of a vessel with a fishery endorsement.
(d) For purposes of meeting the stock or equity interest
requirements for citizenship under this subpart where title to a vessel
is held by an entity comprised, in whole or in part, of other entities
which are not individuals, each entity contributing to the stock or
equity interest qualifications of the entity holding title must be a
citizen eligible to document vessels in its own right with the trade
endorsement sought.
[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-2004-18884, 69 FR 58346,
Sept. 30, 2004]
[[Page 348]]
Sec. 67.33 Individual.
An individual is a citizen if native-born, naturalized, or a
derivative citizen of the United States, or otherwise qualifies as a
United States citizen.
Sec. 67.35 Partnership.
A partnership meets citizenship requirements if all its general
partners are citizens, and:
(a) For the purpose of obtaining a registry or recreational
endorsement, at least 50 percent of the equity interest in the
partnership is owned by citizens.
(b) For the purpose of obtaining a fishery endorsement, at least 75
percent of the equity interest in the partnership, at each tier of the
partnership and in the aggregate, is owned by citizens.
(c) For the purpose of obtaining a coastwise or Great Lakes
endorsement or both, at least 75 percent of the equity interest in the
partnership is owned by citizens or the vessel qualifies under Sec.
67.20.
[CGD 94-008, 59 FR 49846, Sept. 30, 1994, as amended by USCG-1999-6095,
65 FR 76575, Dec. 7, 2000; USCG-2001-8825, 69 FR 5401, Feb. 4, 2004]
Sec. 67.36 Trust.
(a) For the purpose of obtaining a registry or recreational
endorsement, a trust arrangement meets citizenship requirements if:
(1) Each of its trustees is a citizen; and
(2) Each beneficiary with an enforceable interest in the trust is a
citizen.
(b) For the purpose of obtaining a fishery endorsement, a trust
arrangement meets citizenship requirements if:
(1) It meets all the requirements of paragraph (a) of this section;
and
(2) At least 75 percent of the equity interest in the trust, at each
tier of the trust and in the aggregate, is owned by citizens.
(c) For the purpose of obtaining a coastwise or Great Lake
endorsement or both, a trust arrangement meets citizenship requirements
if:
(1) It meets the requirements of paragraph (a) of this section and
at least 75 percent of the equity interest in the trust is owned by
citizens; or
(2) It meets the requirements of Sec. 67.20.
[CGD 94-008, 59 FR 49846, Sept. 30, 1994, as amended by USCG-1999-6095,
65 FR 76576, Dec. 7, 2000; USCG-2001-8825, 69 FR 5401, Feb. 4, 2004]
Sec. 67.37 Association or joint venture.
(a) An association meets citizenship requirements if each of its
members is a citizen.
(b) A joint venture meets citizenship requirements if each of its
members is a citizen.
[USCG-1999-6095, 65 FR 76576, Dec. 7, 2000]
Sec. 67.39 Corporation.
(a) For the purpose of obtaining a registry or a recreational
endorsement, a corporation meets citizenship requirements if:
(1) It is incorporated under the laws of the United States or of a
State;
(2) Its chief executive officer, by whatever title, is a citizen;
(3) Its chairman of the board of directors is a citizen; and
(4) No more of its directors are non-citizens than a minority of the
number necessary to constitute a quorum.
(b) For the purpose of obtaining a fishery endorsement, a
corporation meets citizenship requirements if:
(1) It meets all the requirements of paragraph (a) of this section;
and
(2) At least 75 percent of the stock interest in the corporation, at
each tier of the corporation and in the aggregate, is owned by citizens.
(c) For the purpose of obtaining a coastwise or Great Lakes
endorsement or both, a corporation meets citizenship requirements if:
(1) It meets the requirements of paragraph (a) of this section and
at least 75 percent of the stock interest in the corporation is owned by
citizens; or
(2) It meets the requirements of Sec. 67.20.
(d) A corporation which does not meet the stock interest requirement
of
[[Page 349]]
paragraph (c) of this section may qualify for limited coastwise trading
privileges by meeting the requirements of part 68 of this chapter.
[CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, as amended by CGD
94-008, 59 FR 49847, Sept. 30, 1994; USCG-1999-6095, 65 FR 76576, Dec.
7, 2000; USCG-2001-8825, 69 FR 5401, Feb. 4, 2004]
Sec. 67.41 Governmental entity.
A governmental entity is a citizen for the purpose of obtaining a
vessel document if it is an entity of the Federal Government of the
United States or of the government of a State as defined in Sec. 67.3.
Sec. 67.43 Evidence of citizenship.
When received by the Coast Guard, a properly completed original
Application for Initial Issue, Exchange, or Replacement of Certificate
of Documentation; or Redocumentation (form CG-1258) establishes a
rebuttable presumption that the applicant is a United States citizen.
[CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993; 58 FR 65131, Dec.
13, 1993]
Sec. 67.47 Requirement for Maritime Administration approval.
(a) The following transactions, among others, require approval of
the Maritime Administration in accordance with 46 CFR part 221:
(1) Placement of the vessel under foreign registry;
(2) Operation of the vessel under the authority of a foreign
country; and
(3) Sale or transfer of an interest in or control of the vessel from
a citizen, as defined in section 2 of the Shipping Act, 1916 (46 U.S.C.
app. 802), to a person not a citizen within the meaning of section 2 of
that act.
(b) A Certificate of Documentation may not be issued for a vessel
which subsequent to the last issuance of a Certificate of Documentation
has undergone any transaction listed in paragraph (a) of this section,
even if the owner meets the citizenship requirements of this subpart,
unless evidence is provided that the Maritime Administration approved
the transaction.
(c) The restriction imposed by paragraph (b) of this section does
not apply to a vessel identified in Sec. 67.11(b).
Subpart D_Title Requirements for Vessel Documentation
Sec. 67.50 Requirement for title evidence.
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.
Sec. 67.53 Methods of establishing title.
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
[[Page 350]]
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.
Sec. 67.55 Requirement for removal from foreign registry.
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.
Sec. 67.57 Extent of title evidence required for initial documentation.
(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 Sec. 67.99. Any other applicant must present title
evidence in accordance with Sec. 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
Sec. 67.99. Any other applicant must present title evidence in
accordance with either paragraph (c) or (d) of Sec. 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 Sec. 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 Sec. 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 Sec. 67.53(d).
(2) Where a fishery endorsement is sought, title evidence must be
presented in accordance with paragraph (b), (c), or (d) of Sec. 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 Sec. 67.53.
Sec. 67.59 Extent of title evidence required for change in ownership of
a documented vessel.
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 Sec. 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.
[[Page 351]]
Sec. 67.61 Extent of title evidence required for vessels returning to
documentation.
(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 Sec. 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 Sec. 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 Sec. 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.
Sec. 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 Sec. 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 Sec. 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 Sec. 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]
Subpart E_Acceptable Title Evidence; Waiver
Sec. 67.70 Original owner.
The builder's certification described in Sec. 67.99 serves as
evidence of the original owner's title to a vessel.
Sec. 67.73 Transfers prior to documentation.
A transfer of vessel title prior to documentation may be evidenced
by:
(a) Completion of the transfer information on the reverse of the
builder's certification on form CG-1261;
(b) Completion of the transfer information on the reverse of the
Manufacturer's Certificate of Origin; or
[[Page 352]]
(c) A bill of sale which meets the criteria for filing and recording
set forth in subpart P of this part.
Sec. 67.75 Transfers by sale or donation subsequent to documentation.
(a) Except as otherwise provided in this subpart, transfers of
vessel title must be evidenced by a bill of sale which meets the
criteria for filing and recording set forth in subpart P of this part.
Except as otherwise provided in subpart O of this part, each bill of
sale must be accompanied by a declaration of citizenship from the new
owner, executed on the appropriate Maritime Administration form
described in Sec. 67.211.
(b) The bill of sale form used may be form CG-1340 or form CG-1356,
as appropriate.
(c) An applicant for documentation who cannot produce required title
evidence in the form of an instrument eligible for filing and recording
in accordance with subpart P of this part may apply for a waiver of that
requirement in accordance with the provisions of Sec. 67.89.
Sec. 67.77 Passage of title by court action.
(a) When title to a vessel has passed by court action, that passage
must be established by copies of the relevant court order(s) certified
by an official of the court.
(b) When authority to transfer a vessel has been conferred by court
action, that authority must be established by copies of the relevant
court order(s) certified by an official of the court.
Sec. 67.79 Passage of title without court action following death of owner.
(a) When title to a vessel formerly owned in whole or in part by an
individual now deceased passes without court action, an applicant for
documentation must present:
(1) When title passes to a surviving joint tenant or tenants or to a
tenant by the entirety, a copy of the death certificate, certified by an
appropriate State official; or
(2) Where the laws of cognizant jurisdiction permit passage of title
without court action, evidence of compliance with applicable State law.
(b) Passage of title subsequent to devolutions such as those
described in paragraph (a) of this section, must be established in
accordance with the remainder of this subpart.
Sec. 67.81 Passage of title in conjunction with a corporate merger or
similar transaction.
When the title to a vessel has passed as the result of a corporate
merger or similar transaction wherein the assets of one corporation have
been transferred to another, the passage of title must be established
by:
(a) Materials, such as a resolution of the board of directors or
shareholders of the corporation which held title to the vessel before
the transaction, which either unequivocally transfers all of the assets
of the corporation or which specifically identifies the vessel as being
among the assets transferred; and
(b) In jurisdictions where there is an official recognition of
corporate mergers and similar transactions, a copy of such official
recognition certified by the cognizant official of that jurisdiction.
Sec. 67.83 Passage of title by extra-judicial repossession and sale.
When title to a documented vessel has passed by reason of an extra-
judicial repossession and sale, such passage must be established by:
(a) A copy of the instrument under which foreclosure was made;
(b) An affidavit from the foreclosing party setting forth the
reasons for foreclosure, the chronology of foreclosure, the statute(s)
under which foreclosure was made, and the steps taken to comply with the
relevant instrument and statute(s);
(c) Evidence of substantial compliance with the relevant instrument
and statute(s); and
(d) A bill of sale which meets the criteria for filing and recording
set forth in subpart P of this part from the foreclosing party as agent
for the defaulting owner(s).
Sec. 67.85 Change in general partners of partnership.
When the general partners of a partnership owning a documented
vessel
[[Page 353]]
change by addition, deletion, or substitution without dissolution of the
partnership, the change must be established by a written statement from
a surviving general partner detailing the nature of the change.
Sec. 67.87 Change of legal name of owner.
(a) When the name of a corporation which owns a documented vessel
changes, the corporation must present certification from the appropriate
governmental agency evidencing registration of the name change.
(b) When the name of an individual who owns a documented vessel
changes for any reason, competent and persuasive evidence establishing
the change must be provided.
Sec. 67.89 Waiver of production of a bill of sale eligible for filing and
recording.
(a) When the evidence of title passage required by this subpart is a
bill of sale which meets the criteria for filing and recording set forth
in subpart P of this part, and the applicant is unable to produce a bill
of sale meeting those criteria, the applicant may request that the
Director, National Vessel Documentation Center waive that requirement.
(b) No waiver of the requirement to produce a bill of sale eligible
for filing and recording may be granted unless the applicant provides:
(1) A written statement detailing the reasons why an instrument
meeting the filing and recording criteria of this part cannot be
obtained; and
(2) Competent and persuasive evidence of the passage 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]
Sec. 67.91 Passage of title pursuant to operation of State law.
When title to a documented vessel has passed by operation of State
law for reasons other than those specified in this subpart, such passage
must be established by:
(a) A copy of the statute permitting transfer of title to the vessel
and setting forth procedures to be followed in disposing of the vessel;
(b) An affidavit from the party acting against the vessel, setting
forth the basis for selling the vessel, and the steps taken to comply
with the requirements of the statute under which title passes;
(c) Evidence of substantial compliance with the relevant statute(s);
and
(d) A bill of sale which meets the criteria for filing and recording
set forth in subpart P of this part from the acting party as agent for
the owner(s) of record.
Note: State law authorizing a marina to dispose of abandoned vessels
is an example of passage of title by operation of law contemplated by
Sec. 67.91.
Subpart F_Build Requirements for Vessel Documentation
Sec. 67.95 Requirement for determination.
Evidence that a vessel was built in the United States must be on
file for any vessel for which a coastwise, Great Lakes, or fishery
endorsement is sought, unless the vessel is otherwise qualified for
those endorsements under subpart J of this part.
Sec. 67.97 United States built.
To be considered built in the United States a vessel must meet both
of the following criteria:
(a) All major components of its hull and superstructure are
fabricated in the United States; and
(b) The vessel is assembled entirely in the United States.
Sec. 67.99 Evidence of build.
(a) Evidence of the facts of build may be either a completed
original form CG-1261, or other original document containing the same
information, executed by a person having personal knowledge of the facts
of build because that person:
(1) Constructed the vessel;
(2) Supervised the actual construction of the vessel; or
(3) Is an officer or employee of the company which built the vessel
and has examined the records of the company concerning the facts of
build of the vessel.
[[Page 354]]
(b) A vessel owner applying for documentation must file a separate
certificate from each builder involved in the construction of the
vessel.
(c) A Manufacturer's Certificate of Origin is not evidence of the
facts of build.
Sec. 67.101 Waiver of evidence of build.
(a) A vessel owner applying for documentation unable to obtain the
evidence of build required by Sec. 67.99 may apply for a waiver of that
requirement to the Director, National Vessel Documentation Center.
(b) No waiver of the requirement in Sec. 67.99 to produce evidence
of build may be granted unless the applicant provides:
(1) A written request for the waiver, explaining why the evidence
required by Sec. 67.99 cannot be furnished; and
(2) Competent and persuasive evidence of the facts of build.
[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 52190, Sept. 30, 1998]
Subpart G_Tonnage and Dimension Requirements for Vessel Documentation
Sec. 67.105 Requirement for determination.
The gross and net tonnage and dimensions of a vessel must be
determined:
(a) For initial documentation;
(b) Whenever there is a change in the gross or net tonnage or
dimensions of a documented vessel; or
(c) When the gross or net tonnage of a vessel returning to
documentation has changed since the vessel was last documented.
Sec. 67.107 System of measurement; evidence.
(a) The gross and net tonnage and dimensions of a vessel for
purposes of this part are determined in accordance with 46 CFR part 69.
(b) A certificate of measurement issued by an authorized official is
the only acceptable evidence of the gross and net tonnage of a vessel
measured in accordance with subpart B, C, or D of 46 CFR part 69. A
certificate of measurement is not issued for vessels measured under
subpart E of 46 CFR part 69 since the gross and net tonnage are
determined as part of the documentation process.
[CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1003, as amended by
USCG-2001-10224, 66 FR 48620, Sept. 21, 2001]
Subpart H_Assignments and Designations Required for Vessel Documentation
Sec. 67.111 Assignment of official number.
(a) The owner of a vessel must submit an Application for Initial
Issue, Exchange, or Replacement of Certificate of Documentation; or
Redocumentation (form CG-1258) to the Director, National Vessel
Documentation Center, to apply for an official number for the vessel
when:
(1) Application is made for initial documentation of the vessel; or
(2) An existing vessel has been severed, with two or more vessels
resulting. In this case, the official number of the original vessel is
retired and the owner of each resulting vessel must apply for
designation of a new official number.
(b) Upon receipt of form CG-1258, the Director, National Vessel
Documentation Center will have an official number assigned to the vessel
and furnish it to the vessel owner.
[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 52190, Sept. 30, 1998]
Sec. 67.113 Managing owner designation; address; requirement to report
change of address.
The owner of each vessel must designate a managing owner on the
Application for Initial Issue, Exchange, or Replacement of Certificate
of Documentation; or Redocumentation (CG-1258).
(a) The managing owner of a vessel owned by one person is the owner
of the vessel.
(b) The managing owner of a vessel owned by more than one person
must be one of the owners. The person designated as managing owner must
have an address in the United States except
[[Page 355]]
where no owner of the vessel has an address in the United States.
(c) The managing owner of a vessel owned in a trust arrangement must
be one of the trustees.
(d) The address of the managing owner must be as follows:
(1) For an individual, any residence of the managing owner.
(2) For a partnership, its address:
(i) In the State under whose laws it is organized; or
(ii) Of its principal place of business.
(3) For a corporation, its address:
(i) For service of process within the State of incorporation; or
(ii) Of its principal place of business.
(e) Whenever the address of the managing owner changes, the managing
owner shall notify the Director, National Vessel Documentation Center
within 10 days.
[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 52190, Sept. 30, 1998]
Sec. 67.117 Vessel name designation.
(a) The owner of a vessel must designate a name for the vessel on
the Application for Initial Issue, Exchange, or Replacement of
Certificate of Documentation; or Redocumentation (form CG-1258)
submitted to the Director, National Vessel Documentation Center:
(1) Upon application for initial documentation of the vessel; or
(2) When the owner elects to change the name of the vessel.
(b) The name designated:
(1) Must be composed of letters of the Latin alphabet or Arabic or
Roman numerals;
(2) May not be identical, actually or phonetically, to any word or
words used to solicit assistance at sea; and
(3) May not contain nor be phonetically identical to obscene,
indecent, or profane language, or to racial or ethnic epithets.
(c) The name of a documented vessel may not be changed without the
prior approval of the Director, National Vessel Documentation Center.
(d) Until such time as the owner of a vessel elects to change the
name of a vessel, the provisions of paragraph (b) of this section do not
apply to vessels validly documented before January 1, 1994.
[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]
Sec. 67.119 Hailing port designation.
(a) Upon application for any Certificate of Documentation in
accordance with subpart K of this part, the owner of a vessel must
designate a hailing port to be marked upon the vessel.
(b) The hailing port must be a place in the United States included
in the U.S. Department of Commerce's Federal Information Processing
Standards Publication 55DC.
(c) The hailing port must include the State, territory, or
possession in which it is located.
(d) The Director, National Vessel Documentation Center has final
authority to settle disputes as to the propriety of the hailing port
designated.
(e) Until such time as the vessel owner elects to designate a new
hailing port, the provisions of paragraph (c) of this section do not
apply to vessels which were issued a Certificate of Documentation before
July 1, 1982.
[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]
Subpart I_Marking Requirements for Vessel Documentation
Sec. 67.120 General requirement.
No Certificate of Documentation issued under this part will be
deemed valid for operation of the vessel until the vessel is marked in
accordance with this subpart.
Sec. 67.121 Official number marking requirement.
The official number of the vessel, preceded by the abbreviation
``NO.'' must be marked in block-type Arabic numerals not less than three
inches in height on some clearly visible interior structural part of the
hull. The number must be permanently affixed to the vessel so that
alteration, removal, or replacement would be obvious. If the official
number is on a separate plate,
[[Page 356]]
the plate must be fastened in such a manner that its removal would
normally cause some scarring of or damage to the surrounding hull area.
Sec. 67.123 Name and hailing port marking requirements.
(a) For vessels other than those covered in paragraphs (b) and (c)
of this section, the name of the vessel must be marked on some clearly
visible exterior part of the port and starboard bow and the stern of the
vessel. The hailing port of the vessel must be marked on some clearly
visible exterior part of the stern of the vessel.
(b) Vessels with square bow. For vessels having a square bow, the
name of the vessel must be marked on some clearly visible exterior part
of the bow in a manner to avoid obliteration. The name and hailing port
must be marked on some clearly visible exterior part of the stern.
(c) Recreational vessels. For vessels documented exclusively for
recreation, the name and hailing port must be marked together on some
clearly visible exterior part of the hull.
(d) The markings required by paragraphs (a), (b), and (c) of this
section, which may be made by the use of any means and materials which
result in durable markings, must be made in clearly legible letters of
the Latin alphabet or Arabic or Roman numerals not less than four inches
in height.
Sec. 67.125 Disputes.
The OCMI for the zone in which the vessel is principally operated
has final authority in any disputes concerning the permanence,
durability, legibility, or placement of a vessel's markings.
Subpart J_Application for Special Qualifications for Vessel
Documentation
Sec. 67.130 Submission of applications.
All applications made under this subpart and all subsequent filings
to effect documentation, except as provided in Sec. 67.133(b), must be
submitted to the National Vessel Documentation Center.
[CGD 95-014, 60 FR 31604, June 15, 1995]
Sec. 67.131 Forfeited vessels.
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.
Sec. 67.132 Special legislation.
(a) Vessels not otherwise entitled to be operated in the coastwise
trade, Great Lakes 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.
Sec. 67.133 Wrecked vessels.
(a) A vessel owner requesting a determination that the vessel is
wrecked within the meaning of 46 U.S.C. app. 14 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
[[Page 357]]
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. app. 14) must
include a copy of the determination of the Director, National Vessel
Documentation Center that the vessel qualifies for documentation under
the statute.
Note: 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.
[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]
Sec. 67.134 Captured vessels.
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.
Subpart K_Application for Documentation, Exchange or Replacement of
Certificate of Documentation, or Return to Documentation; Mortgagee
Consent; Validation
Sec. 67.141 Application procedure; all cases.
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;
(3) Mortgagee consent on form CG-4593, if applicable; and
(4) If the application is for replacement of a mutilated document or
exchange of documentation, the outstanding Certificate of Documentation.
(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 Certification 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.
[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]
Sec. 67.142 Penalties.
(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
[[Page 358]]
(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.
[USCG-1999-6095, 65 FR 76576, Dec. 7, 2000]
Sec. 67.143 Restriction on withdrawal of application.
A vessel owner making application pursuant to Sec. 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).
[CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993; 58 FR 65131, Dec.
13, 1993]
Sec. 67.145 Restrictions on exchange; requirement and procedure for
mortgagee consent.
(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 Sec. Sec. 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.
[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]
Sec. 67.147 Application procedure: Coastwise endorsement for a vessel
under a demise charter.
(a) In addition to the items under Sec. 67.141, the person that
owns the vessel (other than a barge under Sec. 67.179) and that seeks a
coastwise endorsement under Sec. 67.20 must submit the following to the
National Vessel Documentation Center:
(1) A certification in the form of an affidavit and, if requested by
the Director, National Vessel Documentation Center, supporting
documentation establishing the following facts with respect to the
transaction from an individual who is authorized to provide
certification on behalf of the person that owns the vessel and who is an
officer in a corporation, a partner in a partnership, a member of the
board of managers in a limited liability company, or their equivalent.
The certificate must certify the following:
(i) That the person that owns the vessel, the parent of that person,
or a subsidiary of a parent of that person is primarily engaged in
leasing or other financing transactions.
(ii) That the person that owns the vessel is organized under the
laws of the United States or a State.
(iii) That none of the following is primarily engaged in the direct
operation or management of vessels:
(A) The person that owns the vessel.
[[Page 359]]
(B) The parent of the person that owns the vessel.
(C) The group of which the person that owns the vessel is a member.
(iv) That ownership of the vessel is primarily a financial
investment without the ability and intent to directly or indirectly
control the vessel's operations by a person not primarily engaged in the
direct operation or management of vessels.
(v) That the majority of the aggregate revenues of each of the
following is not 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.
(vi) That none 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.
(vii) That the person that owns the vessel has transferred to a
qualified United States citizen under 46 U.S.C. app. 802 full
possession, control, and command of the U.S.-built vessel through a
demise charter in which the demise charterer is considered the owner pro
hac vice during the term of the charter.
(viii) That the vessel is financed with lease financing.
(2) A copy of the charter, which must provide that the charterer is
deemed to be the owner pro hac vice for the term of the charter.
(b) The charterer must submit the following to the National Vessel
Documentation Center:
(1) A certificate certifying that the charterer is a citizen of the
United States for the purpose of engaging in the coastwise trade under
46 U.S.C. app. 802.
(2) Detailed citizenship information in the format of form CG-1258,
Application for Documentation, section G, citizenship. The citizenship
information may be attached to the form CG-1258 that is submitted under
Sec. 67.141 and must be signed by, or on behalf of, the charterer.
(c) Whenever a charter under paragraph (a) of this section is
amended, the vessel owner must file a copy of the amendment with the
Director, National Vessel Documentation Center, within 10 days after the
effective date of the amendment.
(d) Whenever the charterer of a vessel under paragraph (a) of this
section enters into a sub-charter with another person for the use of the
vessel--
(1) The charterer must file a copy of the sub-charter and amendments
to the sub-charter with the Director, National Vessel Documentation
Center, within 10 days after the effective date of the sub-charter if
requested to do so by the Director; and
(2) If the sub-charter is a demise charter, the sub-charterer must
provide detailed citizenship information in the format of form CG-1258,
Application for Documentation, section G, citizenship.
(e) A person that submits a false certification under this section
is subject to penalty under 46 U.S.C. 12122 and 18 U.S.C. 1001.
[USCG-2001-8825, 69 FR 5401, Feb. 4, 2004]
Sec. 67.149 Exchange of Certificate of Documentation; vessel at sea.
(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 Sec. 67.141; and
(2) complying with the requirements of Sec. 67.145, if applicable.
Note: 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.
[[Page 360]]
Coast Guard Marine Safety 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.
[CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, as amended by CGD
95-014, 60 FR 31604, June 15, 1995]
Sec. 67.151 Replacement of Certificate of Documentation; special
procedure for wrongfully withheld document.
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 Director, National Vessel Documentation Center that the
Certificate is being wrongfully withheld, apply for replacement of the
Certificate in accordance with the requirements of Sec. 67.141.
[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]
Subpart L_Validity of Certificates of Documentation; Renewal of
Endorsement; Requirement for Exchange, Replacement, Deletion,
Cancellation
Sec. 67.161 Validity of Certificate of Documentation.
(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.
Sec. 67.163 Renewal of endorsement.
(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 Sec. 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 Sec. 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 Sec. 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
[[Page 361]]
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]
Sec. 67.165 Deposit of Certificate of Documentation.
(a) Option for deposit in lieu of renewal of endorsement. In lieu of
renewing the endorsement(s) in accordance with Sec. 67.163, the owner
of a vessel which is exempt from the requirement for documentation under
paragraph (c) of Sec. 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 Sec. 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 Sec. 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]
Sec. 67.167 Requirement for exchange of Certificate of Documentation.
(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 Sec. 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 Sec. 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;
[[Page 362]]
(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 Sec. 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]
Sec. 67.169 Requirement for replacement of Certificate of Documentation.
(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]
Sec. 67.171 Deletion; requirement and procedure.
(a) A Certificate of Documentation together with any endorsement(s)
thereon is invalid, except as provided in Sec. 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;
[[Page 363]]
(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 Sec.
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 Sec. 67.163; or
(ii) Comply with the provisions of Sec. 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 Sec. 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]
Sec. 67.173 Cancellation; requirement and procedure.
A Certificate of Documentation issued to a vessel together with any
endorsement(s) thereon is invalid, except as provided in Sec. 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 Sec. 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]
Subpart M_Miscellaneous Applications
Sec. 67.175 Application for new vessel determination.
(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 Sec. 67.99;
(2) A written statement describing the extent to which materials
from the
[[Page 364]]
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.
[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]
Sec. 67.177 Application for foreign rebuilding determination.
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 practicable, to be comparable to 7.5 percent or less of
the vessel's steelweight prior to the work, calculated as if the vessel
were wholly constructed of steel or aluminum.
(d) For a vessel of mixed construction, such as a vessel the hull of
which is constructed of steel or aluminum and the superstructure of
which is constructed of fibrous reinforced plastic, the steelweight of
the work performed on the portion of the vessel constructed of a
material other than steel or aluminum will be determined, to the maximum
extent practicable, and aggregated with the work performed on the
portion of the vessel constructed of steel or aluminum. The numerical
parameters described in paragraph (b) of this section will then be
applied to the aggregate of the work performed on the vessel compared to
the vessel's steelweight prior to the work, calculated as if the vessel
were wholly constructed of steel or aluminum, to determine whether the
vessel has been rebuilt.
(e) The owner of a vessel currently entitled to coastwise, Great
Lakes, or fisheries endorsements which is altered outside the United
States and the work performed is determined to constitute or be
comparable to more than 7.5 percent of the vessel's steelweight prior to
the work, or which has a major component of the hull or superstructure
not built in the United States added, must file the following
information with the National Vessel Documentation Center within 30 days
following the earlier of completion of the work or redelivery of the
vessel to the owner or owner's representative:
(1) A written statement applying for a rebuilt determination,
outlining in
[[Page 365]]
detail the work performed and naming the place(s) where the work was
performed;
(2) Calculations showing the actual or comparable steelweight of the
work performed on the vessel, the actual or comparable steelweight of
the vessel, and comparing the actual or comparable steelweight of the
work performed to the actual or comparable steelweight of the vessel;
(3) Accurate sketches or blueprints describing the work performed;
and
(4) Any further submissions requested by the National Vessel
Documentation Center.
(f) Regardless of the extent of actual work performed, the owner of
a vessel currently entitled to coastwise, Great Lakes, or fisheries
endorsements may, as an alternative to filing the items listed in
paragraph (e) of this section, submit a written statement to the
National Vessel Documentation Center declaring the vessel rebuilt
outside the United States. The vessel will then be deemed to have been
rebuilt outside the United States with loss of trading privileges.
(g) A vessel owner may apply for a preliminary rebuilt determination
by submitting:
(1) A written statement applying for a preliminary rebuilt
determination, outlining in detail the work planned and naming the
place(s) where the work is to be performed;
(2) Calculations showing the actual or comparable steelweight of
work to be performed on the vessel, the actual or comparable steelweight
of the vessel, and comparing the actual or comparable steelweight of the
planned work to the actual or comparable steelweight of the vessel;
(3) Accurate sketches or blueprints describing the planned work; and
(4) Any further submissions requested by the National Vessel
Documentation Center.
Note: A statement submitted in accordance with paragraph (f) of this
section does not constitute an application for a rebuilt determination
and does not require payment of a fee.
[CGD 94-040, 61 FR 17815, Apr. 22, 1996]
Sec. 67.179 Application procedure: Coastwise operation of a barge under
a demise charter.
(a) The person that owns a barge qualified to engage in coastwise
trade under the lease-financing provisions of 46 U.S.C. 12106(e) must
submit the following to the National Vessel Documentation Center:
(1) A certification, in the form of an affidavit and, if requested
by the Director, National Vessel Documentation Center, supporting
documentation establishing the following facts with respect to the
transaction from an individual who is authorized to provide
certification on behalf of the person that owns the barge and who is an
officer in a corporation, a partner in a partnership, a member of the
board of managers in a limited liability company, or their equivalent.
The certificate must certify the following:
(i) That the person that owns the barge, the parent of that person,
or a subsidiary of the parent of that person is primarily engaged in
leasing or other financing transactions.
(ii) That the person that owns the barge is organized under the laws
of the United States or a State.
(iii) That none of the following is primarily engaged in the direct
operation or management of vessels:
(A) The person that owns the barge.
(B) The parent of the person that owns the barge.
(C) The group of which the person that owns the barge is a member.
(iv) That ownership of the barge is primarily a financial investment
without the ability and intent to directly or indirectly control the
barge's operations by a person not primarily engaged in the direct
operation or management of the barge.
(v) That the majority of the aggregate revenues of each of the
following is not derived from the operation or management of vessels:
(A) The person that owns the barge.
(B) The parent of the person that owns the barge.
(C) The group of which the person that owns the barge is a member.
(vi) That none of the following is primarily engaged in the
operation or management of commercial, foreign-flag vessels used for the
carriage of
[[Page 366]]
cargo for parties unrelated to the vessel's owner or charterer:
(A) The person that owns the barge.
(B) The parent of the person that owns the barge.
(C) The group of which the person that owns the barge is a member.
(vii) That the person that owns the barge has transferred to a
qualified United States citizen under 46 U.S.C. app. 802 full
possession, control, and command of the U.S.-built barge through a
demise charter in which the demise charterer is considered the owner pro
hac vice for the term of the charter.
(viii) That the barge is qualified to engage in the coastwise trade
and that it is owned by a person eligible to own vessels documented
under 46 U.S.C. 12102(e).
(ix) That the barge is financed with lease financing.
(2) A copy of the charter, which must provide that the charterer is
deemed to be the owner pro hac vice for the term of the charter.
(b) The charterer must submit the following to the National Vessel
Documentation Center:
(1) A certificate certifying that the charterer is a citizen of the
United States for engaging in the coastwise trade under 46 U.S.C. app.
802.
(2) Detailed citizenship information in the format of form CG-1258,
Application for Documentation, section G, citizenship. The citizenship
information must be signed by, or on behalf of, the charterer.
(c) Whenever a charter under paragraph (a) of this section is
amended, the barge owner must file a copy of the amendment with the
Director, National Vessel Documentation Center, within 10 days after the
effective date of the amendment.
(d) Whenever the charterer of a barge under paragraph (a) of this
section enters into a sub-charter with another person for the use of the
barge--
(1) The charterer must file a copy of the sub-charter and amendments
to the sub-charter with the Director, National Vessel Documentation
Center, within 10 days after the effective date of the sub-charter if
requested to do so by the Director; and
(2) If the sub-charter is a demise charter, the sub-charterer must
provide detailed citizenship information in the format of form CG-1258,
Application for Documentation, section G, citizenship.
(e) A person that submits a false certification under this section
is subject to penalty under 46 U.S.C. 12122 and 18 U.S.C. 1001.
[USCG-2001-8825, 69 FR 5402, Feb. 4, 2004]
Subpart N [Reserved]
Subpart O_Filing and Recording of Instruments_General Provisions
Sec. 67.200 Instruments eligible for filing and recording.
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.
Sec. 67.203 Restrictions on filing and recording.
(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 Sec. 67.200 may not be filed and recorded if it bears a material
alteration.
[[Page 367]]
(c) An instrument identified as eligible for filing and recording
under Sec. 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 Sec. 67.11(b).
(e) An instrument identified as eligible for filing and recording
under Sec. 67.200(c) may not be filed or recorded if the mortgagee or
assignee is not a person qualifying as a citizen of the United States as
defined in the Shipping Act, 1916, as amended, (46 U.S.C. app. Chapter
23) or a trustee as defined in 46 U.S.C. 31328, unless the Maritime
Administration has consented to the grant to a non-citizen made under
the instrument. This restriction does not apply to an instrument
conveying an interest in a vessel identified in Sec. 67.11(b).
(f) An instrument identified as eligible for filing and recording
under Sec. 67.200(d) may not be filed or recorded if the mortgagee or
assignee is not a person described in 46 U.S.C. 31322(a)(1)(D). This
restriction does not apply to an instrument conveying an interest in a
vessel identified in Sec. 67.11(b).
[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]
Sec. 67.205 Requirement for vessel identification.
(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.
Sec. 67.207 Requirement for date and acknowledgment.
(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.
Sec. 67.209 Required number of copies.
All instruments presented for filing and recording must be presented
in duplicate; at least one copy must bear original signatures.
Sec. 67.211 Requirement for citizenship declaration.
(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:
[[Page 368]]
(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.
Note: 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 or Great Lakes privileges to which it may be entitled.
[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]
Sec. 67.213 Place of filing and recording.
(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.
[CGD 95-014, 60 FR 31605, June 15, 1995]
Sec. 67.215 Date and time of filing.
(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 Sec. 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 Sec. 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.
[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]
Sec. 67.217 Termination of filing and disposition of instruments.
(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
Sec. 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:
[[Page 369]]
(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:
(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;
(4) The lender first named in an interlender agreement affecting a
mortgage, preferred mortgage, or related instrument; or
(5) An agent for any appropriate party, provided that the agent has
filed with the Coast Guard a writing bearing the original signature of
the appropriate party(ies) clearly identifying the instrument(s) being
returned and stating that the instrument(s) may be returned to the
agent.
[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]
Sec. 67.219 Optional filing of instruments by facsimile.
(a) Any instrument identified as eligible for filing and recording
under Sec. 67.200 may be submitted by facsimile for filing to the
National Vessel Documentation Center at (304) 271-2405. If the
instrument submitted by facsimile for filing pertains to a vessel that
is not a currently documented vessel, a properly completed Application
for Initial Issue, Exchange, or Replacement Certificate of
Documentation; or Redocumentation (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 by
facsimile with the instrument being submitted by facsimile for filing.
(b) Within 10 days of submission by facsimile for filing, the
original and one copy of any instrument submitted by facsimile for
filing must be received by the National Vessel Documentation Center. If
not already on file, the original of any application required by
paragraph (a) of this section must also be received by the National
Vessel Documentation Center within 10 days of submission of the
instrument by facsimile for filing.
(c) Upon receipt of the original instrument and copy in accordance
with paragraph (b) of this section, the instrument may be recorded
provided it complies with the requirements of this part.
(d) All instruments submitted by facsimile for filing must be
clearly legible, be submitted from 8\1/2\-inch by 11-inch paper in not
less than 10-point type size, and be accompanied by a cover sheet.
(e) The facsimile cover sheet required by paragraph (d) of this
section should indicate:
(1) The name, address, telephone number, and facsimile telephone
number of the person submitting the instrument by facsimile;
(2) The number of pages submitted by facsimile; and
(3) The name of the vessel, official number or hull identification
number of the vessel, and the name(s) of the owner(s) of the vessel to
which the instrument relates.
(f) The filing of any instrument submitted by facsimile is
terminated and the instrument will be returned to the submitter if:
(1) The instrument is subject to termination for any cause under
Sec. 67.217(a);
(2) The original instrument and copy required to be submitted in
accordance with paragraph (b) of this section is not received within the
10-day period; or
(3) There is any alteration between the instrument submitted by
facsimile
[[Page 370]]
for filing and the original instrument and copy received in accordance
with paragraph (b) of this section.
(g) When the filing of an instrument submitted by facsimile is
terminated for an alteration in accordance with paragraph (f)(3) of this
section, the original instrument and copy received in accordance with
paragraph (b) of this section will be deemed to be an original filing
under this subpart subject to termination. The procedures for written
notification of the termination of the filing and for the disposition of
instruments described in paragraphs (b) and (c) of Sec. 67.217 will
apply.
[CGD 95-070, 60 FR 40241, Aug. 7, 1995, as amended by USCG-1998-4442, 63
FR 52191, Sept. 30, 1998]
Subpart P_Filing and Recording of Instruments_Bills of Sale and Related
Instruments
Sec. 67.220 Requirements.
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.
Sec. 67.223 Filing limitation.
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.
Subpart Q_Filing and Recording of Instruments_Mortgages, Preferred
Mortgages, and Related Instruments
Sec. 67.231 General requirements; optional application for filing and
recording.
(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.
Sec. 67.233 Restrictions on recording mortgages, preferred mortgages,
and related instruments.
(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
[[Page 371]]
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 Sec. 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.
[CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1003, as amended by
USCG-1999-6095, 65 FR 76576, Dec. 7, 2000]
Sec. 67.235 Requirements for mortgages.
(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.
Sec. 67.237 Requirements for assignments of mortgages.
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).
Sec. 67.239 Requirements for assumptions of mortgages.
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.
Sec. 67.241 Requirements for amendments of or supplements to mortgages.
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.
Sec. 67.243 Requirements for instruments subordinating mortgages.
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.
Sec. 67.245 Requirements for interlender agreements.
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.
[[Page 372]]
Subpart R_Filing and Recording of Instruments_Notices of Claim of Lien
and Supplemental Instruments
Sec. 67.250 General requirements.
(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.
Sec. 67.253 Requirements for notices of claim of lien.
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.
Sec. 67.255 Restrictions on filing and recording.
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.
Sec. 67.257 Requirements for assignments of notices of claim of lien.
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.
Sec. 67.259 Requirements for amendments to notice of claim of lien.
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.
Subpart S_Removal of Encumbrances
Sec. 67.261 General requirements.
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 Sec. 67.263; or
(b) A satisfaction or release instrument described in Sec. 67.265
which meets the requirements of this part for filing and recording.
Sec. 67.263 Requirement for removal of encumbrances by court order,
affidavit, or Declaration of Forfeiture.
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
[[Page 373]]
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.
Sec. 67.265 Requirements for instruments evidencing satisfaction or
release.
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.
Subpart T_Abstracts of Title and Certificates of Ownership
Source: CGD 95-014, 60 FR 31605, June 15, 1995, unless otherwise
noted.
Sec. 67.301 Issuance of Abstract of Title.
Any person may request the National Vessel Documentation Center to
issue a General Index or Abstract of Title (form CG-1332) for a vessel.
Sec. 67.303 Issuance of Certificate of Ownership.
Any person may request the National Vessel Documentation Center to
issue a Certificate of Ownership (form CG-1330) for a vessel.
Subpart U_Special Provisions
Sec. 67.311 Alteration of Certificate of Documentation.
Except for affixing a new address label in accordance with the
direction of a documentation officer or a renewal decal issued in
accordance with Sec. 67.163, no person other than a documentation
officer shall intentionally alter a Certificate of Documentation.
Sec. 67.313 Requirement to have Certificate of Documentation on board.
(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
Sec. 67.167 (d) or (e); or
(3) When the vessel is in storage or out of the water.
[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]
Sec. 67.315 Requirement to produce Certificate of Documentation.
(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:
[[Page 374]]
(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
Sec. 67.167 (d) or (e); or
(3) When the vessel is in storage or out of the water.
[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]
Sec. 67.317 Requirement to renew endorsements on the Certificate of
Documentation.
(a) Except as provided in paragraph (b) of this section, the owner
of a documented vessel must annually renew each endorsement upon the
current Certificate of Documentation for that vessel in accordance with
Sec. 67.163.
(b) The requirement of paragraph (a) of this section does not apply
to Certificates of Documentation placed on deposit in accordance with
Sec. 67.165.
Sec. 67.319 Requirement to report change in vessel status and surrender
Certificate of Documentation.
The owner of a documented vessel must immediately report any change
in vessel status which causes any Certificate of Documentation to become
invalid under subpart L of this part and which must be exchanged,
replaced, deleted, or canceled, to the National Vessel Documentation
Center. The outstanding Certificate must be surrendered in accordance
with the requirements of subparts K and L of this part.
[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]
Sec. 67.321 Requirement to report change of address of managing owner.
Upon the change of address of the managing owner of a documented
vessel, the managing owner shall report the change of address to the
National Vessel Documentation Center within 10 days of its occurrence.
[CGD 94-008, 59 FR 49847, Sept. 30, 1994, as amended by CGD 95-014, 60
FR 31605, June 15, 1995]
Sec. 67.323 Operation without documentation.
No vessel which is required by Sec. 67.7 to be documented may
engage in unlimited coastwise trade, the Great Lakes trade, or the
fisheries without being documented in accordance with the requirements
of this part.
Sec. 67.325 Violation of endorsement.
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.
Sec. 67.327 Operation under Certificate of Documentation with invalid
endorsement.
Except for vessels identified in Sec. 67.9, no vessel may be
operated under a Certificate of Documentation with endorsements which
have become invalid under subpart L of this part.
Sec. 67.329 Unauthorized name change.
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.
Sec. 67.331 Improper markings.
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.
Subpart V_Exception From Fishery Endorsement Requirements Due to
Conflict With International Agreements
Source: USCG-1999-6095, 65 FR 76576, Dec. 7, 2000, unless otherwise
noted.
Sec. 67.350 Conflicts with international agreements.
(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
[[Page 375]]
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 should be sent
to the following address: National Vessel Documentation Center, 792 TJ
Jackson Drive, Falling Water, West Virginia, 25419.
(d) Upon receipt of a complete petition, the NVDC will review the
petition to determine whether the effective international treaty or
agreement and the requirements of this part are in conflict. If the NVDC
determines that this part conflicts with the effective international
treaty or agreement, then the NVDC will inform you of the guidelines and
requirements you must meet and maintain to qualify for a fisheries
endorsement.
(e) If the vessel is determined through the petition process to be
exempt from all or sections of the requirements of this part, then you
must annually, from the date of exemption, submit the following evidence
of its ownership structure to the NVDC:
(1) The vessel's current ownership structure;
(2) The identity of all non-citizen owners and the percentages of
their ownership interest in the vessel;
(3) Any changes in the ownership structure that have occurred since
you last submitted evidence of the vessel's ownership structure to the
NVDC; and
(4) A statement ensuring that no interest in the vessel was
transferred to a non-citizen during the previous year.
Sec. 67.352 Applicability.
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.
Subparts W-X [Reserved]
Subpart Y_Fees
Sec. 67.500 Applicability.
(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 the annual renewal of endorsements upon the
Certificate of Documentation, unless renewal is late.
[[Page 376]]
(c) There is no fee for replacement of a Certificate of
Documentation due to a wrongful withholding.
(d) 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.
(e) Application fees under this subpart are not refundable.
[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]
Sec. 67.501 Application for Certificate of Documentation.
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 Sec. 67.511
will be charged in addition to the application fee for the Certificate.
The application fee does not include the fee under Sec. 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 Sec. 67.519 for
waivers in accordance with Sec. Sec. 67.89 or 67.101.
Sec. 67.503 Application for exchange or replacement of a Certificate of
Documentation.
(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
Sec. 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.
Sec. 67.505 Application for return of vessel to documentation.
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 Sec. 67.511 will be charged in addition to the application fee
for return to documentation.
Sec. 67.507 Application for replacement of lost or mutilated Certificate
of Documentation.
An application fee is charged for replacement of a lost or mutilated
Certificate of Documentation in accordance with subpart K of this part.
Sec. 67.509 Application for approval of exchange of Certificate of
Documentation requiring mortgagee consent.
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.
Sec. 67.511 Application for trade endorsement(s).
(a) Coastwise or Great Lakes endorsement. An application fee is
charged for a coastwise or a Great Lakes endorsement, or both, 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.
Sec. 67.513 Application for evidence of deletion from documentation.
An application fee is charged for evidence of deletion from
documentation
[[Page 377]]
in accordance with subpart L of this part.
Sec. 67.515 [Reserved]
Sec. 67.517 Application for late renewal.
An application fee is charged for a late renewal in accordance with
subpart L of this part.
Sec. 67.519 Application for waivers.
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.
[CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, as amended by
USCG-1998-4442, 63 FR 52191, Sept. 30, 1998]
Sec. 67.521 Application for new vessel determination.
An application fee is charged for a new vessel determination in
accordance with subpart M of this part.
Sec. 67.523 Application for wrecked vessel determination.
An application fee is charged for a determination of whether a
vessel is entitled to coastwise, Great Lakes, 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.
Sec. 67.525 Application for determination of rebuild.
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.
Sec. 67.527 Application for filing and recording bills of sale and
instruments in the nature of a bill of sale.
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.
Sec. 67.529 Application for filing and recording mortgages and related
instruments.
An application fee is charged for filing and recording mortgages and
related instruments in accordance with subpart Q of this part.
Sec. 67.531 Application for filing and recording notices of claim of lien.
An application fee is charged for filing and recording notices of
claim of lien in accordance with subpart R of this part.
Sec. 67.533 Application for Certificate of Compliance.
An application fee is charged for a Certificate of Compliance to be
issued in accordance with regulations set forth in 46 CFR part 68.
Sec. 67.535 Issuance of Abstract of Title.
An issuance fee is charged for a General Index or Abstract of Title
in accordance with subpart T of this part.
Sec. 67.537 Issuance of Certificate of Ownership.
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.
Sec. 67.539 Copies of instruments and documents.
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.
[CGD 94-008, 59 FR 49847, Sept. 30, 1994]
Sec. 67.540 Facsimile handling fee.
A handling fee is charged for processing an instrument submitted by
facsimile for filing in accordance with subpart O of this part.
[CGD 95-070, 60 FR 40242, Aug. 7, 1995]
[[Page 378]]
Sec. 67.550 Fee table.
The fees charged under subpart Y are as set forth in Table 67.550.
Table 67.550--Fees
------------------------------------------------------------------------
Activity Reference Fee
------------------------------------------------------------------------
Applications:
Initial certificate of Subpart K................. $133.00
documentation.
Exchange of certificate of do........................ 84.00
documentation.
Return of vessel to do........................ 84.00
documentation.
Replacement of lost or do........................ 50.00
mutilated certificate of
documentation.
Approval of exchange of do........................ 24.00
certificate of
documentation requiring
mortgagee consent.
Trade endorsement(s):
Coastwise endorsement.... Subpart B................. 29.00
Coastwise Bowaters 46 CFR part 68............ 29.00
endorsement.
Great Lakes endorsement.. Subpart B................. 29.00
Fishery endorsement...... do........................ 12.00
Registry endorsement..... do........................ none
Recreational endorsement. do........................ none
Note: When multiple trade endorsements are requested on the same
application, only the single highest applicable endorsement fee will be
charged, resulting in a maximum endorsement fee of $29.00
Evidence of deletion from Subpart L................. 15.00
documentation.
Late renewal fee........... do........................ 5.00
Waivers:
Original build evidence.... Subpart F................. 15.00
Bill of sale eligible for Subpart E................. 15.00
filing and recording.
Miscellaneous applications:
Wrecked vessel Subpart J................. 555.00
determination.
New vessel determination... Subpart M................. 166.00
Rebuild determination-- do........................ 450.00
preliminary or final.
Filing and recording:
Bills of sale and Subpart P................. 8.00(\1\)
instruments in nature of
bills of sale.
Mortgages and related Subpart Q................. 4.00(\1\)
instruments.
Notice of claim of lien and Subpart R................. 8.00(\1\)
related instruments.
Facsimile submission Subpart O................. 2.00(\1\)
handling.
Certificate of compliance:
Certificate of compliance.. 46 CFR part 68............ 55.00
Miscellaneous:
Abstract of Title.......... Subpart T................. 25.00
Certificate of ownership... do........................ 125.00
Attachment for each do........................ 10.00
additional vessel with
same ownership and
encumbrance data.
Copy of instrument or (\2\)..................... (\2\)
document.
------------------------------------------------------------------------
\1\ Per page.
\2\ Fees will be calculated in accordance with 49 CFR 7.95.
[CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993; 58 FR 65243, Dec.
13, 1993, as amended by CGD 95-014, 60 FR 31605, June 15, 1995; CGD 95-
070, 60 FR 40242, Aug. 7, 1995]
PART 68_DOCUMENTATION OF VESSELS PURSUANT TO EXTRAORDINARY LEGISLATIVE
GRANTS--Table of Contents
Subpart 68.01_Regulations Implementing Provisions for 46 U.S.C. App.
883 1
Sec.
68.01-1 Definitions for the purposes of this subpart.
68.01-3 Requirements for citizenship under 46 U.S.C. App. 883-1.
68.01-5 Qualification as an 883-1 corporation.
68.01-7 Qualification as a parent or subsidiary.
68.01-9 Cessation of qualification.
68.01-11 Privileges conferred--documentation of vessel.
68.01-13 Privileges conferred--operation of vessels.
68.01-15 Restrictions.
68.01-17 Application by an 883-1 corporation to document a vessel.
Appendix A to Subpart 68.01--Oath for Qualification of Corporation as a
Citizen of the United States Under the Act of Sept. 2, 1958
(46 U.S.C. 883-1)
Appendix B to Subpart 68.01--Oath of Parent or Subsidiary Corporation
Act of Sept. 2, 1958 (46 U.S.C. 883-1)
[[Page 379]]
Subpart 68.03--[Reserved for Regulation, as Necessary, of Vessels
Documented Under the Act of August 9, 1954]
Subpart 68.05_Documentation of Certain Vessels for Oil Spill Cleanup
68.05-1 Purpose and scope.
68.05-3 Definitions for purposes of this subpart.
68.05-5 Citizenship requirements for limited coastwise endorsement.
68.05-7 Vessel eligibility requirements for limited coastwise
endorsement.
68.05-9 Privileges of a limited coastwise endorsement.
68.05-11 Application to document a vessel under this subpart.
68.05-13 Cessation of qualifications.
Appendix A to Subpart 68.05--Oath for Qualification of a Not-For-Profit
Oil Spill Response Cooperative
Appendix B to Subpart 68.05--Oath for Documentation of Vessels for Use
by a Not-For-Profit Oil Spill Response Cooperative
Authority: 46 U.S.C. 2103; Pub. L. 107-296, 116 Stat. 2135;
Department of Homeland Security Delegation No. 0170.1. Subpart 68.01
also issued under 46 U.S.C. App. 876; subpart 68.05 also issued under 46
U.S.C. 12106(d).
Source: CGD 80-107, 47 FR 27511, June 24, 1982, unless otherwise
noted.
Subpart 68.01_Regulations Implementing Provisions for 46 U.S.C. App.
883 1
Sec. 68.01-1 Definitions for the purposes of this subpart.
Act means the Act of September 2, 1958 (46 U.S.C. App. 883-1).
883-1 citizen or 883-1 corporation means a corporation which
qualifies for the special citizenship status created by the Act of
September 2, 1958 (46 U.S.C. App. 883-1).
Parent corporation means one incorporated under the laws of the
United States, or any state, territory, or district of the United
States, which controls (directly or indirectly) at least 50 percent of
the voting stock of another corporation.
Subsidiary corporation means one incorporated under the laws of the
United States, or any state, territory, or district of the United
States, which has not less than 50 percent of its voting stock
controlled (directly or indirectly) by another corporation.
[CGD 80-107, 47 FR 27511, June 24, 1982, as amended by CGD 95-028, 62 FR
51203, Sept. 30, 1997]
Sec. 68.01-3 Requirements for citizenship under 46 U.S.C. App. 883-1.
A corporation seeking to establish its citizenship under the Act of
September 2, 1958 (46 U.S.C. App. 883-1) must meet the following
criteria as specified in the Act:
(a) It must be incorporated under the laws of the United States, or
any state, territory, district, or possession of the United States;
(b) A majority of the officers and directors of the corporation must
be citizens of the United States;
(c) Not less than 90 percent of the employees of the corporation
must be residents of the United States;
(d) Such corporation must be engaged primarily in a manufacturing or
mineral industry in the United States or any territory, district, or
possession of the United States;
(e) The aggregate book value of the vessels owned by the corporation
must not exceed 10 percent of the aggregate book value of the assets of
the corporation; and
(f) The corporation must purchase or produce in the United States,
its territories or possessions, not less than 75 percent of the raw
materials used or sold in its operations.
Note: A corporation which qualifies as an 883-1 citizen by meeting
the criteria in paragraph (a) of this section is not thereby precluded
from qualifying as a citizen under any definition in part 67 upon
compliance with all applicable requirements.
[CGD 80-107, 47 FR 27494, June 24, 1982, as amended at 47 FR 35488, Aug.
16, 1982; CGD 95-028, 62 FR 51203, Sept. 30, 1997]
Sec. 68.01-5 Qualification as an 883-1 corporation.
(a) To be formally qualified as an 883-1 corporation for all
purposes under the Act, a corporation which meets the requirements of
Sec. 68.01-3 must file with the Director, National Vessel Documentation
Center a certificate under oath as described in appendix A.
(b) Upon the filing of the certificate required under paragraph (a)
of this
[[Page 380]]
section, the Director, National Vessel Documentation Center will furnish
the corporation a Certificate of Compliance which is valid for a period
of 3 years from the date of its issuance, unless there is a change in
corporate status requiring a report under Sec. 68.01-9(a) of this
subpart. On or before the date of expiration of the Certificate of
Compliance, a new certificate under oath as described in appendix A must
be filed with the Director, National Vessel Documentation Center.
(Approved by the Office of Management and Budget under control number
1625-0027)
[GCD 89-007; GCD 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-
1999-6216, 64 FR 53225, Oct. 1, 1999; USCG-2002-13058, 67 FR 61279,
Sept. 30, 2002; USCG-2006-25697, 71 FR 55746, Sept. 25, 2006]
Sec. 68.01-7 Qualification as a parent or subsidiary.
(a) To be formally qualified as a parent corporation, as defined in
Sec. 68.01-1, a corporation must file with the Director, National
Vessel Documentation Center a certificate under oath as described in
appendix B.
(b) To be formally qualified as subsidiary corporation as defined in
Sec. 68.01-1, a corporation must file with the Director, National
Vessel Documentation Center a certificate under oath as described in
appendix B.
(c) Upon the filing of the certificate required under paragraph (a)
or (b) of this section, the Director, National Vessel Documentation
Center will furnish the corporation a certificate of parent or
subsidiary status which is valid for a period of 3 years from the date
of its issuance unless there is a change in corporate status requiring a
report under Sec. 68.01-9(a) of this subpart. On or before the date of
expiration of the certificate of parent or subsidiary status, a new
certificate under oath as described in appendix B must be filed with the
Director, 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-
1999-6216, 64 FR 53225, Oct. 1, 1999; USCG-2002-13058, 67 FR 61279,
Sept. 30, 2002]
Sec. 68.01-9 Cessation of qualification.
(a) If after filing the certificate required by Sec. 68.01-5 of
this subpart, a change occurs whereby an 883-1 corporation no longer
meets the criteria in Sec. 68.01-3(a), that corporation's qualification
for the privileges enumerated in Sec. Sec. 68.01-11 and 68.01-13 is
terminated effective as of the date and time of the change. The
corporation must report the change in writing to the Director, National
Vessel Documentation Center.
(b) If, after filing the certificate required by Sec. 68.01-7 of
this subpart, a change occurs whereby the corporation is no longer
entitled to be deemed a parent or subsidiary corporation, that
corporation's qualification for the privileges in Sec. Sec. 68.01-11
and 13 is terminated effective as of the date and time of the change.
The corporation must report such change in writing to the Director,
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-
1999-6216, 64 FR 53225, Oct. 1, 1999]
Sec. 68.01-11 Privileges conferred--documentation of vessel.
The special citizenship status created by the Act entitles the 883-1
corporation to document certain vessels for certain limited purposes:
(a) An 883-1 corporation may document under the Act only vessels
which are qualified for employment in the coastwise trade and which are
either non-self propelled or, if self-propelled, are of less than 500
gross tons.
(b) A vessel owned by an 883-1 corporation and meeting the criteria
in paragraph (a) of this section may be documented only for use in the
coastwise trade subject to the restrictions in Sec. 68.01-15.
(c) Section 68.01-17 contains details concerning the documentation
of vessels by an 883-1 corporation.
Sec. 68.01-13 Privileges conferred--operation of vessels.
(a) The special citizenship status created by the Act entitles the
883-1 corporation to operate, subject to the restrictions in Sec.
68.01-15, vessels which are qualified to engage in the coastwise
[[Page 381]]
trade and are exempt from documentation. (See Sec. 67.9 for classes of
exempt vessels.)
(b) Vessels, documented or exempt from documentation, employed
subject to the Act may carry passengers and merchandise of the 883-1
corporation owning such vessels only between points in the United
States, including territories, districts, and possessions thereof
embraced in the coastwise laws.
(c) The special citizenship status created by the Act entitles an
883-1 corporation owning vessels as described in paragraphs (a) and (b)
of this section to transport merchandise or passengers for hire in the
coastwise trade as a service for a duly qualified parent or subsidiary
corporation as defined in Sec. 68.01-1.
(d) The special citizenship status created by the Act entitles an
883-1 corporation owning vessels as described in paragraphs (a) and (b)
of this section to demise or bareboat charter such vessels to common or
contract carriers subject to the restrictions in Sec. 68.01-15(c).
[CGD 80-107, 47 FR 27511, June 24, 1982, as amended by USCG-2002-13058,
67 FR 61279, Sept. 30, 2002]
Sec. 68.01-15 Restrictions.
(a) Vessels employed subject to the Act are entitled to operation
only in the coastwise trade and only to the extent described in
paragraphs (b) and/or (c) of this section.
(b) A vessel owned by an 883-1 corporation may engage in coastwise
transportation for hire as a service to a parent or subsidiary
corporation as defined in Sec. 68.01-1. Such transportation for hire
must be between points of the United States, including territories,
districts, and possessions thereof embraced in the coastwise laws.
(c) A vessel owned by an 883-1 corporation may be operated under
demise or bareboat charter to a common or a contract carrier subject to
49 U.S.C. Chapter 101 if the corporation is a U.S. citizen as defined in
46 U.S.C. App. 802.
(1) Such common or contract carrier may not be connected either
directly or indirectly by ownership or control with the 883-1
corporation.
(2) The demise or bareboat charter must be at prevailing rates.
(3) The vessels under a demise or bareboat charter may not be used
in non-contiguous trade.
[CGD 80-107, 47 FR 27511, June 24, 1982, as amended by CGD 95-028, 62 FR
51203, Sept. 30, 1997]
Sec. 68.01-17 Application by an 883-1 corporation to document a vessel.
(a) An application by an 883-1 corporation to document a vessel must
comply with the applicable requirements in subparts A, D, E, F, G, H, I,
K, and L of part 67 of this chapter.
(b) An application by an 883-1 corporation to document a vessel must
include a copy of the Certificate of Compliance issued under Sec.
68.01-5.
[CGD 95-014, 60 FR 31606, June 15, 1995]
Appendix A to Subpart 68.01 of Part 68--Oath for Qualification of
Corporation as a Citizen of the United States Under the Act of September
2, 1958 (46 U.S.C. 883-1)
Department of Homeland Security, U.S. Coast Guard
Oath for Qualification of Corporation as a Citizen of the United States
Under the Act of September 2, 1958 (46 U.S.C. 883-1)
Corporation:
Name___________________________________________________________________
Address \1\____________________________________________________________
---------------------------------------------------------------------------
\1\ Show principal place of business of corporation.
---------------------------------------------------------------------------
State where incorporated_______________________________________________
Affiant:
Name___________________________________________________________________
Address________________________________________________________________
Company________________________________________________________________
Title or capacity______________________________________________________
I, the affiant named above, swear that I am legally authorized to
make this oath on behalf of the corporation, that a majority of the
officers and directors of the above-named corporation are citizens of
the United States, as shown by the attached listing incorporated in and
made a part of this oath which truly and correctly names all such
officers and directors, giving the home address and citizenship of each;
that not less than 90 percent of the employees of the corporation are
residents of the United States; that the corporation is engaged
primarily in a manufacturing or mineral industry in the United States or
in a territory, district or possession thereof; that the aggregate book
value of the vessels owned by the corporation does not exceed 10 percent
of the aggregate book
[[Page 382]]
value of the assets of the corporation; and that the corporation
purchases or produces in the United States, its territories or
possessions not less than 75 percent of the raw materials used or sold
in its operation. \2\
---------------------------------------------------------------------------
\2\ Attach the required list of the names of all officers and
directors of the corporation, giving the home address and citizenship of
each.
---------------------------------------------------------------------------
The above named corporation fails to qualify as a citizen within the
meaning of Sec. 67.39(c) by reason of: \3\
---------------------------------------------------------------------------
\3\ Check appropriate line or lines.
---------------------------------------------------------------------------
------Non-citizen President
------Non-citizen Chairman of Board
------Failure to meet quorum requirements
------Failure to meet stock ownership requirements
Signature_______________________________________________________________
Subscribed and sworn to before me on the day and year shown
________________________________________________________________________
________________________________________________________________________
(Notary Public)
Date____________________________________________________________________
[CGD 80-107, 47 FR 27511, June 24, 1982, as amended by USCG-2002-13058,
67 FR 61279, Sept. 30, 2002; USCG-2003-14505, 68 FR 9535, Feb. 28, 2003]
Appendix B to Subpart 68.01 of Part 68--Oath of Parent or Subsidiary
Corporation Act of September 2, 1958 (46 U.S.C. 883-1)
Department of Homeland Security, U.S. Coast Guard
Oath of Parent or Subsidiary Corporation, Act of September 2, 1958 (46
U.S.C. 883-1)
Corporation:
Name___________________________________________________________________
Address________________________________________________________________
State of incorporation_________________________________________________
Status (Parent) \1\-------- (Subsidiary) \2\--------
---------------------------------------------------------------------------
\1\ A ``parent corporation'' for the purposes of this oath is one
incorporated under the laws of the United States, or any State,
territory, or district of the United States, which controls (directly or
indirectly) at least 50 percent of the voting stock of another
corporation. Strike out the inapplicable term.
\2\ A ``subsidiary corporation'' for the purposes of this oath is
one incorporated under the laws of the United States, or any State,
territory, or district of the United States, which has not less than 50
percent of its voting stock controlled (directly or indirectly) by
another corporation. Strike out the inapplicable term.
---------------------------------------------------------------------------
Name of associated corporation__________________________________________
Address________________________________________________________________
State where incorporated_______________________________________________
Affiant:
Name___________________________________________________________________
Address________________________________________________________________
Company________________________________________________________________
Title or capacity______________________________________________________
I, the affiant named above, swear that the corporation first named
herein is the (parent) \1\ (subsidiary) \2\ of the associated
corporation named, that I am the duly authorized officer or agent of the
corporation first named, and that the associated corporation has
previously established that it is a citizen within the meaning of the
Act of September 2, 1958 (46 U.S.C. 883-1).
Signature_______________________________________________________________
Subscribed and sworn to before me on the day and year shown
________________________________________________________________________
(Notary Public)
[CGD 80-107,47 FR 27511, June 24, 1982, as amended by USCG-2003-14505,
68 FR 9535, Feb. 28, 2003]
Subpart 68.03--[Reserved for Regulation, as Necessary, of Vessels
Documented Under the Act of August 9, 1954]
Subpart 68.05_Documentation of Certain Vessels for Oil Spill Cleanup
Source: CGD 90-055, 57 FR 7642, Mar. 3, 1992, unless otherwise
noted.
Sec. 68.05-1 Purpose and scope.
This Subpart contains citizen ownership requirements and procedures
to allow documentation of vessels which do not meet the requirements of
part 67 of this chapter. The requirements are for the limited purposes
of training for, implementing, and supporting oil spill cleanup
operations.
Sec. 68.05-3 Definitions for purposes of this subpart.
Certificate of Documentation means form CG-1270.
Citizen means a citizen as described in part 67 of this chapter.
Exclusive Economic Zone or EEZ means the exclusive economic zone
established by Presidential Proclamation Numbered 5030, dated March 10,
1983, including the ocean waters of the areas referred to as ``eastern
special areas'' in Article 3(1) of the Agreement between the United
States of America
[[Page 383]]
and the Union of Soviet Socialist Republics on the Maritime Boundary,
signed June 1, 1990.
Not-for-profit oil spill response cooperative means a corporation,
partnership, association, trust, joint venture, or other entity
established under the laws of the United States, or of a State, with a
not-for-profit status and for the limited purposes of training for,
carrying out, and supporting oil spill cleanup operations or related
research activities.
Sec. 68.05-5 Citizenship requirements for limited coastwise endorsement.
(a) Notwithstanding the citizenship requirements set out in part 67
of this chapter, a Certificate of Documentation with a coastwise
endorsement for the limited purposes provided in Sec. 68.05-9 may be
issued to a vessel owned by--
(1) A not-for-profit oil spill response cooperative if the vessel
meets the requirements of paragraph (b) of this section; or
(2) A member or members of a not-for-profit oil spill response
cooperative if the vessel meets the requirements of paragraphs (b) and
(c) of this section.
(b) The vessel must be at least 50 percent owned by one or more of
the following entities:
(1) An individual who is a native-born, naturalized or derivative
citizen of the United States or otherwise qualifies as a United States
citizen.
(2) A corporation incorporated under the laws of the United States
or of a State where--
(i) The president and, if the president is not the chief executive
officer, the chief executive officer, by whatever title, is a citizen;
(ii) The chairman of the board of directors is a citizen; and
(iii) No more of the directors are non-citizens than a minority of
the number necessary to constitute a quorum.
(3) A partnership where all the general partners are citizens and at
least 50 percent of the equity interest is owned by citizens.
(4) An association or joint venture where all the members are
citizens.
(5) A trust where all the trustees and all the beneficiaries with an
enforceable interest in the trust are citizens.
(c) The vessel must be owned by a member or members of a not-for-
profit oil spill response cooperative who dedicate the vessel to the use
of a not-for-profit oil spill response cooperative.
(d) A vessel which meets the criteria of this section is considered
to be owned exclusively by citizens of the United States for the
purposes of subsequent transfer and documentation under part 67 of this
chapter.
Sec. 68.05-7 Vessel eligibility requirements for limited coastwise
endorsement.
(a) A vessel must comply with all the requirements of part 67 of
this chapter, other than citizenship requirements, in order to be
eligible for documentation under this subpart.
(b) Notwithstanding 46 U.S.C. App. 883, a vessel remains eligible
for documentation under this subpart even if the vessel was formerly
owned by a not-for-profit oil spill response cooperative or by one or
more members of a not-for-profit oil spill response cooperative and the
vessel meets the criteria of Sec. 68.05-5.
Sec. 68.05-9 Privileges of a limited coastwise endorsement.
(a) A vessel which is documented and issued a limited coastwise
endorsement under this subpart may operate on the navigable waters of
the United States or in the EEZ in coastwise trade only for the
following purposes:
(1) To recover oil discharged into the water.
(2) To transport oil discharged into the water.
(3) To transport and deploy equipment, supplies, and personnel for
recovering and transporting oil discharged into the water.
(4) To conduct training exercises to prepare for performing the
functions in paragraphs (a)(1) through (a)(3) of this section.
(b) This limited coastwise endorsement also entitles the vessel to
any other employment for which a registry, fishery, or Great Lakes
license is not required.
(c) A vessel which is documented and issued a limited coastwise
endorsement under this subpart may qualify to operate for other purposes
by meeting the
[[Page 384]]
applicable requirements of part 67 of this chapter.
Sec. 68.05-11 Application to document a vessel under this subpart.
(a) To qualify to document a vessel or to accept the dedication of a
vessel by a member or members under this subpart, a not-for-profit oil
spill response cooperative shall file with the Director, National Vessel
Documentation Center the certificate under oath as set forth in Appendix
A to this subpart.
(b) Upon the filing of the certificate under paragraph (a) of this
section, the Director, National Vessel Documentation Center will furnish
the not-for-profit oil spill response cooperative with a letter of
qualification. The letter of qualification is valid for a period of
three years from the date of its issuance, unless there is a change in
membership or structure of the not-for-profit oil spill response
cooperative or a change in the citizenship status of any of its members
requiring a report under Sec. 68.05-13. In order to renew the letter of
qualification, a new certificate under oath must be filed with the
Commandant at least 30 days before the date of expiration of the letter
of qualification.
(c) A not-for-profit oil spill response cooperative seeking to
document a vessel for a limited coastwise endorsement under this
subpart, in addition to complying with the requirements of Sec. 68.05-
7(a), shall supply to the National Vessel Documentation Center, a copy
of the letter of qualification issued under paragraph (b) of this
section.
(d) A member or members of a not-for-profit oil spill response
cooperative seeking to document a vessel under this subpart shall supply
to the National Vessel Documentation Center, a copy of the letter of
qualification issued under paragraph (b) of this section to the not-for-
profit oil spill response cooperative to which the vessel is dedicated.
In addition, the not-for-profit oil spill response cooperative and the
vessel owners shall all certify under oath that the vessel for which
application is made is dedicated to use by the not-for-profit oil spill
response cooperative. This certification must use the format and content
described in appendix B to this subpart. If there is a change in the
dedicated status of the vessel or its ownership, a report under Sec.
68.05-13 must be filed.
[GCD 89-007; GCD 89-007a, 58 FR 60266, Nov. 15, 1993, 58 FR 65131, Dec.
13, 1993, as amended by CGD 95-014, 60 FR 31606, June 15, 1995; USCG-
1999-6216, 64 FR 53225, Oct. 1, 1999]
Sec. 68.05-13 Cessation of qualifications.
(a) If the vessel is owned by a not-for-profit oil spill response
cooperative and a change occurs which affects the validity of the
certificate required by Sec. 68.05-11(a), or the ownership of the
vessel changes so that it no longer meets the criteria of Sec. 68.05-5,
the qualification for the privileges enumerated in Sec. 68.05-9 is
terminated effective as of the date and time of the change. The not-for-
profit oil spill response cooperative shall report the change in writing
to the Director, National Vessel Documentation Center.
(b) If the vessel is owned by a member or members of a not-for-
profit oil spill response cooperative and a change occurs which affects
the validity of the certificate required by Sec. 68.05-11(a), or the
ownership of the vessel changes so that it no longer meets the criteria
of Sec. 68.05-5, the qualification of the member or members for the
privileges enumerated in Sec. 68.05-9 is terminated effective as of the
date and time of the change. The member or members shall report the
change in writing to the Director, National Vessel Documentation Center.
(c) When qualifications are terminated under this section, the
certificate of documentation issued under this subpart must be
surrendered or exchanged in accordance with part 67 of this chapter.
[GCD 89-007; GCD 89-007a, 58 FR 60266, Nov. 15, 1993, 58 FR 65131, Dec.
13, 1993, as amended by CGD 95-014, 60 FR 31606, June 15, 1995; USCG-
1999-6216, 64 FR 53225, Oct. 1, 1999]
[[Page 385]]
Appendix A to Subpart 68.05 of Part 68--Oath for Qualification of a Not-
For-Profit Oil Spill Response Cooperative
Department of Homeland Security, U.S. Coast Guard
Oath for Qualification of a Not-For-Profit Oil Spill Response
Cooperative [46 U.S.C. 12106(d)]
Cooperative:
Name____________________________________________________________________
Address_________________________________________________________________
Jurisdiction where incorporated or organized____________________________
________________________________________________________________________
Affiant:
Name____________________________________________________________________
Address_________________________________________________________________
Cooperative_____________________________________________________________
Title or Capacity_______________________________________________________
I, the affiant, swear that I am legally authorized to make this oath
and hold the capacity so bestowed upon me as --------, on behalf of the
-------------- cooperative and its members, that it is a not-for-profit
cooperative, and that it is engaged in training for, carrying out, or
supporting oil spill cleanup operations or related research activities.
That all members of the cooperative who may use the letter of
qualification issued to this cooperative are truly and correctly named,
including home address and citizenship of each on the attached listing
incorporated in and made a part of this oath.
Signature_______________________________________________________________
Subscribed and sworn to before me on the day and year shown.
________________________________________________________________________
(Notary Public)
Date____________________________________________________________________
[CGD 90-055, 57 FR 7642, Mar. 3, 1992, as amended by USCG-2003-14505, 68
FR 9535, Feb. 28, 2003]
Appendix B to Subpart 68.05 of Part 68--Oath for Documentation of
Vessels for Use by a Not-For-Profit Oil Spill Response Cooperative
Department of Homeland Security, U.S. Coast Guard
Oath for Documentation of Vessels For Use by a Not-For-Profit Oil Spill
Response Cooperative [46 U.S.C. 12106(d)]
Cooperative:
Name____________________________________________________________________
Address_________________________________________________________________
Jurisdiction where incorporated or organized____________________________
________________________________________________________________________
I, the undersigned officer of ----------, a not-for-profit oil spill
response cooperative, swear that I am legally authorized to make this
oath on behalf of the cooperative, and its members and that the
cooperative has accepted the vessel ----------.
I/we ----------, am/are the owner(s) of the vessel. I/we further swear
that the vessel has been dedicated to the exclusive use of the
cooperative for the purpose of training for, carrying out, or supporting
oil spill cleanup operations or related research activities for
discharges of oil into the navigable waters of the United States and the
Exclusive Economic Zone and that the cooperative has accepted the
vessel.
For the Cooperative:
Name____________________________________________________________________
Address_________________________________________________________________
Cooperative_____________________________________________________________
Title or Capacity_______________________________________________________
For Each Vessel Owner:
Name____________________________________________________________________
Cooperative_____________________________________________________________
Title or Capacity_______________________________________________________
Subscribed and sworn to before me on the day and year shown.
________________________________________________________________________
(Notary Public)
Date____________________________________________________________________
[CGD 90-055, 57 FR 7642, Mar. 3, 1992, as amended by USCG-2003-14505, 68
FR 9535, Feb. 28, 2003]
PART 69_MEASUREMENT OF VESSELS--Table of Contents
Subpart A_General
Sec.
69.1 Purpose.
69.3 Applicability.
69.5 Vessels required or eligible to be measured.
69.7 Vessels transiting the Panama and Suez Canals.
69.9 Definitions.
69.11 Determining the measurement system or systems for a particular
vessel.
69.13 Deviating from the provisions of a measurement system.
69.15 Authorized measurement organizations.
69.17 Application for measurement services.
69.19 Remeasurement and adjustment of tonnage.
69.21 Right of appeal.
69.23 Fees.
69.25 Penalties.
[[Page 386]]
69.27 Delegation of authority to measure vessels.
69.29 OMB control numbers assigned under the Paperwork Reduction Act.
Subpart B_Convention Measurement System
69.51 Purpose.
69.53 Definitions.
69.55 Application for measurement services.
69.57 Gross tonnage.
69.59 Enclosed spaces.
69.61 Excluded spaces.
69.63 Net tonnage.
69.65 Calculation of volumes.
69.67 Marking of cargo spaces.
69.69 Issuance of an International Tonnage Certificate (1969).
69.71 Change of net tonnage.
69.73 Variance from the prescribed method of measurement.
69.75 Figures.
Subpart C_Standard Measurement System
69.101 Purpose.
69.103 Definitions.
69.105 Application for measurement services.
69.107 Gross and net tonnages.
69.109 Under-deck tonnage.
69.111 Between-deck tonnage.
69.113 Superstructure tonnage.
69.115 Excess hatchway tonnage.
69.117 Spaces exempt from inclusion in gross tonnage.
69.119 Spaces deducted from gross tonnage.
69.121 Engine room deduction.
69.123 Figures.
Subpart D_Dual Measurement System
69.151 Purpose.
69.153 Application of other laws.
69.155 Measurement requirements.
69.157 Definitions.
69.159 Application for measurement services.
69.161 Gross and net tonnages.
69.163 Under-deck tonnage.
69.165 Between-deck tonnage.
69.167 Superstructure tonnage.
69.169 Spaces exempt from inclusion in gross tonnage.
69.171 When the tonnage mark is considered submerged.
69.173 Tonnage assignments for vessels with only one deck.
69.175 Tonnage assignments for vessels with a second deck.
69.177 Markings.
69.179 Certification of markings.
69.181 Locating the line of the second deck.
69.183 Figures.
Subpart E_Simplified Measurement System
69.201 Purpose.
69.203 Definitions.
69.205 Application for measurement services.
69.207 Measurements.
69.209 Calculation of tonnages.
Authority: 46 U.S.C. 2301, 14103; Department of Homeland Security
Delegation No. 0170.1.
Source: CGD 87-015b, 54 FR 37657, Sept. 12, 1989, unless otherwise
noted.
Subpart A_General
Sec. 69.1 Purpose.
This part implements legislation concerning the measurement of
vessels to determine their tonnage (part J of 46 U.S.C. subtitle II).
Tonnages are required before a vessel may be documented as a vessel of
the United States. Also, tonnages are used to apply commercial vessel
safety regulations based on tonnage, to meet the requirements of the
International Convention on Tonnage Measurement of Ships, 1969, and to
determine Federal and State regulatory fees and private operational
charges based on tonnage. Tonnages are determined by the physical
measurement of a vessel (Convention, Standard, and Dual Measurement
Systems) or by application of a formula based on the vessel's dimensions
provided by the owner (Simplified Measurement System). This part
indicates the particular measurement system or systems under which the
vessel is required or eligible to be measured, describes the application
and measurement procedures for each system, identifies the organizations
authorized to measure vessels under this part, and provides for the
appeal of measurement organizations' decisions.
Sec. 69.3 Applicability.
This part applies to vessels of the United States over five net tons
(as that tonnage is determined under this part) which are required or
eligible to be measured under this part, a Federal law, or an
international agreement or which are subject to a Federal law or
international agreement based on the vessel's tonnage.
[[Page 387]]
Sec. 69.5 Vessels required or eligible to be measured.
(a) The following vessels (including public vessels) are required to
be measured under this part:
(1) Vessels that are to be documented as a vessel of the United
States.
(2) Vessels of 79 feet or more in overall length that engage on a
foreign voyage.
(3) Vessels subject to a Federal law or regulation based on vessel
tonnage.
(4) Vessels determined by the Commandant to require measurement
under this part.
(b) The following vessels are not required to be measured under this
part but are eligible to be measured, if the owner requests:
(1) Public vessels that are not to be documented and will not engage
on a foreign voyage.
(2) Vessels of war.
[CGD 87-015b, 54 FR 37657, Sept. 12, 1989, as amended by CGD 92-058, 57
FR 59938, Dec. 17, 1992]
Sec. 69.7 Vessels transiting the Panama and Suez Canals.
(a) All vessels intending to transit the Panama Canal, other than
vessels of war, must be measured and certificated under the system
prescribed in 35 CFR part 135.
(b) All vessels intending to transit the Suez Canal must be measured
and certificated under the Arab Republic of Egypt Suez Canal Authority
Rules of Navigation, part IV.
(c) Panama Canal and Suez Canal tonnage certificates are in addition
to tonnage certificates issued under this part.
(d) Tonnage measurement services for Panama Canal and Suez Canal
certificates are provided by measurement organizations authorized by the
respective canal authority.
Sec. 69.9 Definitions.
As used in this part--
Commandant means Commandant of the Coast Guard at the following
address: Commanding Officer, Marine Safety Center, 400 7th Street, SW.,
Washington, DC 20590-0001.
Convention means the International Convention on Tonnage Measurement
of Ships, 1969.
Convention Measurement System means the system under subpart B of
this part.
Dual Measurement System means the system under subpart D of this
part.
Great Lakes means the Great Lakes of North America and the St.
Lawrence River west of a rhumb line drawn from Cap des Rosiers to West
Point, Anticosti Island, and, on the north side of Anticosti Island, the
meridian of longitude 63 degrees west.
Gross tonnage means a vessel's approximate volume. Under the
Convention Measurement System, it means the total volume of all enclosed
spaces modified by a coefficient. Under the Standard and Dual
Measurement Systems, it means the total volume of all enclosed spaces
less certain exempt spaces. Under the Simplified Measurement Systems, it
means the product of a vessel's length, depth, and breadth modified by a
coefficient.
National Vessel Documentation Center means the organizational unit
designated by the Commandant to process vessel documentation
transactions and maintain vessel documentation records. The address can
be found in Sec. 67.3 of this subchapter.
Net tonnage means a measure of a vessel's earning capacity. Under
the Convention Measurement System, it means the volume of the actual
cargo and passenger spaces modified by a formula based on the vessel's
volume. Under the Standard and Dual Measurement Systems, it means the
gross tonnage less certain deducted spaces. Under the Simplified
Measurement System, it means the gross tonnage modified by a
coefficient.
Overall length means the horizontal distance between the foremost
part of a vessel's stem to the aftermost part of its stern, excluding
fittings and attachments.
Simplified Measurement System means the system under subpart E of
this part.
Standard Measurement System means the system under subpart C of this
part.
Tonnage means the volume of a vessel's enclosed spaces as calculated
under a measurement system in this part. Tonnage calculated under the
[[Page 388]]
Standard, Dual, or Simplified Measurement System is based on tons of 100
cubic feet each. Tonnage calculated under the Convention Measurement
System is based on tons of 100 cubic feet modified by a logarithmic
function.
Vessel engaged on a foreign voyage means a vessel--
(a) Arriving at a place under the jurisdiction of the United States
from a place in a foreign country;
(b) Making a voyage between places outside of the United States;
(c) Departing from a place under the jurisdiction of the United
States for a place in a foreign country; or
(d) Making a voyage between a place within a territory or possession
of the United States and another place under the jurisdiction of the
United States not within that territory or possession.
Vessel of war means ``vessel of war'' as defined in 46 U.S.C. 2101.
[GCD 89-007; GCD 89-007a, 58 FR 60266, Nov. 15, 1993, 58 FR 65131, Dec.
13, 1993, as amended by CGD 95-014, 60 FR 31606, June 15, 1995; CGD 95-
072, 60 FR 50463, Sept. 29, 1995; 60 FR 54106, Oct. 19, 1995; CGD 96-
041, 61 FR 50728, Sept. 27, 1996]
Sec. 69.11 Determining the measurement system or systems for a particular
vessel.
(a) Convention Measurement System (subpart B). (1) Except as
otherwise provided in this section, this system applies to a vessel
documented or to be documented under part 67 of this chapter and to a
vessel engaged on a foreign voyage.
(2) This system does not apply to the following vessels:
(i) A vessel of less than 79 feet in overall length.
(ii) A vessel operating only on the Great Lakes, unless the owner
requests measurement under this system.
(iii) A vessel that is not engaged on a foreign voyage and that had
its keel laid or was at a similar stage of construction before January
1, 1986, unless the owner requests measurement under the Convention
Measurement System or unless, on or after January 1, 1986, the vessel
undergoes a change that the Commandant finds substantially affects the
vessel's gross tonnage.
(iv) A vessel of war.
(v) A non-self-propelled vessel not engaged on a foreign voyage,
unless the owner requests measurement under this system.
(3) A vessel made subject to this system at the request of the owner
may be remeasured only under this system.
(4) For the purpose of vessel documentation, a vessel measured under
this system is not required to be measured under another system.
(5) A vessel the keel of which was laid or that was at a similar
stage of construction before July 18, 1982, (except a vessel measured
under this system at the request of the owner or because of a change
that substantially affects the vessel's gross tonnage) may retain its
tonnage in effect on July 18, 1994, for the application of relevant
requirements under an international agreement (except the Convention) or
other laws of the United States. However, if the vessel undergoes a
change after July 18, 1994, that the Commandant finds substantially
affects the vessel's gross tonnage, the vessel must be remeasured only
under this system.
(6) A tonnage assignment under this system does not affect the
applicability to the vessel of international agreements to which the
United States Government is a party that are not in conflict with the
Convention or with the application of International Maritime
Organization (IMO) Resolutions A.494(XII) of November 19, 1981,
A.540(XIII) of November 17, 1983, and A.541(XIII) of November 17, 1983.
When applicable to the vessel, these Resolutions provide interim schemes
for using the vessel's existing gross tonnage, instead of the gross
tonnage under the Convention Measurement System, for applying the
International Convention for the Safety of Life at Sea (SOLAS), the
International Convention on Standards of Training, Certification, and
Watchkeeping for Seafarers, 1978, (STCW), and the International
Convention for the Prevention of Pollution from Ships, 1973, (MARPOL),
respectively.
(b) Standard Measurement System (subpart C). This system applies to
a vessel not required to be measured under the Convention Measurement
System if the vessel is to be documented or if the application of a law
of the United States
[[Page 389]]
to the vessel depends on the vessel's tonnage. Upon request of the
owner, this system also applies to a documented vessel measured under
the Convention Measurement System when Standard Measurement System
tonnages are to be used in applying the provisions of a law under 46
U.S.C. 14305.
(c) Dual Measurement System (subpart D). This system may be applied,
at the owner's option, instead of the Standard Measurement System, to a
vessel eligible or required to be measured under the Standard
Measurement System.
(d) Simplified Measurement System (subpart E). This system may be
applied, at the owner's option, instead of the Standard Measurement
System to the following vessels:
(1) A vessel that is under 79 feet in overall length.
(2) A vessel of any length that is non-self-propelled and not
engaged on a foreign voyage.
(3) A vessel of any length that is operated only for pleasure and
operated only on the Great Lakes.
[CGD 87-015b, 54 FR 37657, Sept. 12, 1989, as amended by CGD 92-058, 57
FR 59938, Dec. 17, 1992; CGD 95-028, 62 FR 51203, Sept. 30, 1997]
Sec. 69.13 Deviating from the provisions of a measurement system.
(a) In measuring a vessel under a measurement system in this part,
all provisions of that system applicable to the vessel must be observed.
(b) The provisions of more than one measurement system may not be
applied interchangeably or combined.
Sec. 69.15 Authorized measurement organizations.
(a) Except as under paragraphs (c) and (d) of this section, all U.S.
vessels to be measured or remeasured under the Convention, Standard, or
Dual Measurement Systems must be measured by an authorized measurement
organization meeting the requirements of Sec. 69.27. A current listing
of authorized measurement organizations can be obtained from Commanding
Officer, U.S. Coast Guard Marine Safety Center (MSC-3), 400 7th Street
S.W., Washington, DC 20590-0001.
(b) All vessels to be measured or remeasured under the Simplified
Measurement System must be measured by the Coast Guard. Applications for
measurement under the Simplified Measurement System are obtainable from
the National Vessel Documentation Center.
(c) All U.S. Coast Guard vessels and all U.S. Navy vessels of war to
be measured or remeasured under any measurement system must be measured
by the Coast Guard.
(d) At the option of the Commandant, the Coast Guard may measure any
vessel to determine its tonnage.
(e) The appropriate certificate of measurement is issued by the
measuring organization as evidence of the vessel's measurement under
this part.
[CGD 87-015b, 54 FR 37657, Sept. 12, 1989, as amended by CGD 92-058, 57
FR 59938, Dec. 17, 1992; CGD 92-053, 59 FR 50508, Oct. 4, 1994; CGD 95-
014, 60 FR 31606, June 15, 1995; CGD 97-057, 62 FR 51045, Sept. 30,
1997]
Sec. 69.17 Application for measurement services.
(a) Applications for measurement are available from and, once
completed, are submitted to the authorized measurement organization that
will perform the services. The contents of the application are described
in this part under the requirement for each system.
(b) Applications for measurement under more than one system may be
combined.
(c) For vessels under construction, the application must be
submitted before the vessel is advanced in construction. Usually, this
means as soon as the decks are laid, holds cleared of encumbrances,
engine and boilers installed, and accommodations partitioned.
[CGD 87-015b, 54 FR 37657, Sept. 12, 1989, as amended by CGD 97-057, 62
FR 51045, Sept. 30, 1997]
Sec. 69.19 Remeasurement and adjustment of tonnage.
(a) If a vessel that is already measured is to undergo a structural
alteration or if the use of a space within that vessel is to be changed,
a remeasurement may be required. Vessel owners shall report immediately
to an authorized measurement organization any intent to structurally
alter the vessel or to change the use of a space
[[Page 390]]
within the vessel. The organization advises the owner if remeasurement
is necessary. Spaces not affected by the alteration or change need not
be remeasured.
(b) When there is a perceived error in the application of a
regulation or in the tonnage calculations, the vessel owner should
contact the responsible measurement organization. If the error is
verified, the tonnage is adjusted as necessary.
(c) If a remeasurement or adjustment of tonnage is required, the
organization will issue a new tonnage certificate. If the vessel is
documented, the vessel's owner must surrender the Certificate of
Documentation as required under part 67, subpart 67.25, of this chapter.
(d) A vessel of less than 79 feet in overall length measured under
the Standard or Dual Measurement Systems may be remeasured at the
owner's request under the Simplified Measurement System.
[CGD 87-015b, 54 FR 37657, Sept. 12, 1989, as amended by CGD 97-057, 62
FR 51045, Sept. 30, 1997]
Sec. 69.21 Right of appeal.
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.
[CGD 88-033, 54 FR 50380, Dec. 6, 1989]
Sec. 69.23 Fees.
Measurement organizations are authorized to charge a fee for
measurement services. Information on fees is available directly from the
organizations.
[CGD 97-057, 62 FR 51045, Sept. 30, 1997]
Sec. 69.25 Penalties.
(a) General violation. The owner, charterer, managing operator,
agent, master, and individual in charge of a vessel in violation of a
regulation in this part are each liable to the United States Government
for a civil penalty of not more than $20,000. Each day of a continuing
violation is a separate violation. The vessel also is liable in rem for
the penalty.
(b) False Statements. A person knowingly making a false statement or
representation in a matter in which a statement or representation is
required by this part is liable to the United States Government for a
civil penalty of not more than $20,000 for each false statement or
representation. The vessel also is liable in rem for the penalty.
Sec. 69.27 Delegation of authority to measure vessels.
(a) Under 46 U.S.C. 14103 and 49 CFR 1.46, the Coast Guard is
authorized to delegate to a ``qualified person'' the authority to
measure vessels and to issue appropriate certificates of measurement for
U.S. vessels that are required or eligible to be measured as vessels of
the United States.
(b) Authority to measure and certify U.S. vessels under the
Convention, Standard, and Dual Measurement Systems may be delegated to
an organization that--
(1) Is a full member of the International Association of
Classification Societies (IACS);
(2) Is incorporated under the laws of the United States, a State of
the United States, or the District of Columbia;
(3) In lieu of the requirements in paragraphs (b)(1) and (2) of this
section, is a recognized classification society under the requirements
of 46 CFR part 8.
(4) Is capable of providing all measurement services under the
Convention, Standard, and Dual Measurement Systems for vessels
domestically and internationally;
(5) Maintains a tonnage measurement staff that has practical
experience in measuring U.S. vessels under the Convention, Standard, and
Dual Measurement Systems; and
(6) Enters into a written agreement, as described in paragraph (d)
of this section.
(c) Applications for delegation of authority under this section must
be forwarded to the Commandant and include the following information on
the organization:
(1) Its name and address.
(2) Its organizational rules and structure.
[[Page 391]]
(3) The location of its offices that are available to provide
measurement services under the Convention, Standard, and Dual
Measurement Systems.
(4) The name, qualifications, experience, and job title of each
full-time or part-time employee or independent contractor specifically
designated by the organization to provide measurement services under the
Convention, Standard, or Dual Measurement Systems.
(5) Its tonnage measurement training procedures.
(d) If, after reviewing the application, the Coast Guard determines
that the organization is qualified to measure and certify U.S. vessels
on behalf of the Coast Guard, the organization must enter into a written
agreement with the Coast Guard which--
(1) Defines the procedures for administering and implementing the
tonnage measurement and certification processes, including the roles and
responsibilities of each party;
(2) Outlines the Coast Guard's oversight role;
(3) Prohibits the organization from using an employee or contractor
of the organization to measure and certify the tonnage of a vessel if
that employee or contractor is acting or has acted as a tonnage
consultant for that same vessel; and
(4) Requires the organization to--
(i) Accept all requests to perform delegated services without
discrimination and without regard to the vessel's location, unless
prohibited from doing so under the laws of the United States or under
the laws of the jurisdiction in which the vessel is located;
(ii) Physically inspect each vessel before issuing a tonnage
certificate;
(iii) Provide the Coast Guard with current schedules of measurement
fees and related charges;
(iv) Maintain a tonnage measurement file for each U.S. vessel that
the organization measures and permit access to the file by any person
authorized by the Commandant;
(v) Permit observer status representation by the Coast Guard at all
formal discussions that may take place between the organization and
other vessel tonnage measurement organizations pertaining to tonnage
measurement of U.S. vessels or to the systems under which U.S. vessels
are measured;
(vi) Comply with and apply all laws and regulations relating to
tonnage measurement of U.S. vessels within the scope of authority
delegated; and
(vii) Comply with all other provisions, if any, of the written
agreement.
[CGD 87-015b, 54 FR 37657, Sept. 12, 1989, as amended by CGD 97-057, 62
FR 51045, Sept. 30, 1997; CGD 95-010, 62 FR 67536, Dec. 24, 1997]
Sec. 69.29 OMB control numbers assigned under the Paperwork Reduction Act.
(a) Purpose. This section collects and displays the control numbers
assigned to information collection and record keeping requirements in
this part 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 part comply with 44 U.S.C. 3507(f), which
requires that agencies display the current control number assigned by
the Director of OMB for each approved agency information collection
requirement.
(b) Display--
------------------------------------------------------------------------
Currently
assigned
Section of 46 CFR part 69 OMB control
No.
------------------------------------------------------------------------
69.17...................................................... 1625-0022
69.19...................................................... 1625-0022
69.21...................................................... 1625-0022
69.27...................................................... 1625-0022
69.55...................................................... 1625-0022
69.105..................................................... 1625-0022
69.121(d).................................................. 1625-0022
69.159..................................................... 1625-0022
69.179..................................................... 1625-0022
69.205..................................................... 1625-0022
------------------------------------------------------------------------
[CGD 87-015b, 54 FR 37657, Sept. 12, 1989, as amended by USCG-2004-
18884, 69 FR 58346, Sept. 30, 2004]
Subpart B_Convention Measurement System
Sec. 69.51 Purpose.
This subpart prescribes the requirements for measuring a vessel in
order to comply with the International Convention on Tonnage Measurement
of Ships, 1969 (Convention), and 46 U.S.C. chapter 143.
[[Page 392]]
Sec. 69.53 Definitions.
As used in this subpart--
Amidships means the midpoint of the registered length, as
``registered length'' is defined in this section.
Cargo space means an enclosed space appropriated for the transport
of cargo which is to be discharged from the vessel. The term does not
include a space which qualifies as an excluded space under Sec. 69.61.
Enclosed space is defined in Sec. 69.59.
Excluded space is defined in Sec. 69.61.
Gross tonnage or GT means the tonnage determined under Sec. 69.57.
Line of the upper deck means a longitudinal line at the underside of
the upper deck or, if that deck is stepped, the longitudinal line of the
underside of the lowest portion of that deck parallel with the upper
portions of that deck.
Molded depth means the vertical distance amidships between the
following points:
(a) From the line of the upper deck at the vessel's side or, if the
vessel has rounded gunwales, from the intersection of the line of the
upper deck extended to the molded line of the shell plating as though
the gunwales were of angular design.
(b) To the top of the flat keel, to the lower edge of the keel
rabbet if the vessel is of wood or composite structure, or to the point
where the line of the flat of the bottom extended inward cuts the side
of the keel if the vessel's lower part is hollow or has thick garboards.
Molded draft means--
(a) For vessels assigned a load line under parts 42, 44, 45, or 47
of this chapter, the draft corresponding to the Summer Load Line (other
than a timber load line);
(b) For passenger vessels assigned a load line under part 46 of this
chapter, the draft corresponding to the deepest subdivision load line
assigned;
(c) For vessels to which parts 42, 44, 45, 46, or 47 of this chapter
do not apply but which otherwise have been assigned a load line, the
draft corresponding to the Summer Load Line so assigned;
(d) For vessels to which no load line has been assigned but the
draft of which is restricted under any Coast Guard requirement, the
maximum draft permitted under the restriction; and
(e) For other vessels, 75 per cent of the molded depth.
Net tonnage or NT means tonnage determined under Sec. 69.63.
Passenger means a person on board a vessel other than--
(a) The master, a member of the crew, or other person employed or
engaged in any capacity in the business of the vessel; and
(b) A child under one year of age.
Registered breadth means the maximum breadth of a vessel measured
amidships to the molded line of the frame in a vessel with a metal shell
and to the outer surface of the hull in all other vessels.
Registered length means either 96 percent of the length on a
waterline at 85 percent of the least molded depth measured from the top
of the flat keel or the length from the fore side of the stem to the
axis of the rudder stock on that waterline, whichever is greater. In
vessels designed with a rake of keel, this length is measured on a
waterline parallel to the design waterline.
Upper deck means the uppermost complete deck exposed to weather and
sea, which has permanent means of weathertight closing of all openings
in the weather part of the deck, and below which all openings in the
sides of the vessel are fitted with permanent means of watertight
closing.
Weathertight means secure against penetration of water into the
vessel in any sea condition.
Sec. 69.55 Application for measurement services.
Applications for measurement under this subpart must include the
following information and plans:
(a) Type of vessel.
(b) Vessel's name and official number (if assigned).
(c) Builder's name and the vessel hull number assigned by builder.
(d) Place and year built.
(e) Date keel was laid.
(f) Overall length, breadth, and depth of vessel.
(g) Lines plan.
(h) Booklet of offsets at stations.
[[Page 393]]
(i) Capacity plans for tanks and cargo compartments.
(j) Hydrostatic curves.
(k) Construction plans showing measurements and scantlings of deck
structures, hatches, appendages, recesses, and other enclosed spaces.
(l) Arrangement plans.
[GCD 89-007; GCD 89-007a, 58 FR 60266, Nov. 15, 1993, 58 FR 65131, Dec.
13, 1993, as amended by CGD 95-014, 60 FR 31606, June 15, 1995]
Sec. 69.57 Gross tonnage.
Gross tonnage (GT) is determined by the following formula
GT=K1 V, in which V=total volume of all enclosed spaces in
cubic meters and K1=0.2+0.02 log10 V.
Sec. 69.59 Enclosed spaces.
Enclosed space means a space which is bounded by the vessel's hull,
by fixed or portable partitions or bulkheads, or by decks or coverings
other than permanent or movable awnings. No break in a deck, nor any
opening in the vessel's hull, in a deck or in a covering of a space, or
in the partitions or bulkheads of a space, nor the absence of a
partition or bulkhead precludes the space from being included in the
enclosed space.
Sec. 69.61 Excluded spaces.
(a) Excluded space means an enclosed space which is excluded from
volume (V) in calculating gross tonnage. Except as under paragraph (g)
of this section, this section lists the excluded spaces.
(b) A space that is within a structure and that is opposite an end
opening extending from deck to deck (except for a curtain plate of a
height not exceeding by more than one inch the depth of the adjoining
deck beams) and having a breadth equal to or greater than 90 percent of
the breadth of the deck at the line of the opening is an excluded space,
subject to the following:
(1) Only the space between the actual end opening and a line drawn
parallel to the line or face of the opening at a distance from the
opening equal to one-half of the breadth of the deck at the line of the
opening is excluded. (See Sec. 69.75, figure 1.)
(2) If, because of any arrangement (except convergence of the
outside plating as shown in Sec. 69.75, figure 3), the breadth of the
space is less than 90 percent of the breadth of the deck, only the space
between the line of the opening and a parallel line drawn through the
point where the athwartship breadth of the space is equal to 90 percent
or less of the breadth of the deck is excluded. (See Sec. 69.75,
figures 2 and 4.)
(3) When any two spaces, either of which is excluded under
paragraphs (b)(1) or (b)(2) of this section, are separated by an area
that is completely open except for bulwarks or open rails, these two
spaces must not be excluded if the separation between the two spaces is
less than the least half breadth of the deck in way of the separation.
(See Sec. 69.75, figures 5 and 6.)
(4) When the deck at the line of an opening has rounded gunwales,
the breadth of the deck is the distance between the tangent points
indicated in Sec. 69.75, figure 11.
(c) A space that is open to the weather and that is under an
overhead deck covering with no connection on the space's exposed sides
between the covering and the deck other than the stanchions necessary
for the covering's support is an excluded space. An open rail or bulwark
fitted at the vessel's side does not disqualify the space from being an
excluded space if the height between the top of the rail or bulwark and
the overhead structure or curtain plate (if fitted) is not less than 2.5
feet or one-third of the height of the space, whichever is greater. (See
Sec. 69.75, figure 7.)
(d) A space in a side-to-side structure directly in way of opposite
side openings not less than 2.5 feet in height or one-third of the
height of the structure, whichever is greater, is an excluded space. If
the opening is only on one side of the structure, the space to be
excluded is limited inboard from the opening to a maximum of one-half of
the breadth of the deck in way of the opening. (See Sec. 69.75, figure
8.)
(e) A space in a structure immediately below an uncovered opening in
the deck overhead is an excluded space, if the opening is exposed to the
weather and the space to be excluded is limited to the area of the
opening. (See Sec. 69.75, figure 9.)
[[Page 394]]
(f) A recess in the boundary bulkhead of a structure which is
exposed to the weather and which has an opening that extends from deck
to deck without a means of closing is an excluded space, if the interior
width of the space is not greater than the width of the opening and
extension of the space into the structure is not greater than twice the
width of the opening. (See Sec. 69.75, figure 10.)
(g) Any space described in paragraphs (b) through (f) of this
section which fulfills at least one of the following conditions is not
an excluded space:
(1) The space is fitted with shelves or other means designed for
securing cargo or stores.
(2) The opening that would otherwise permit the space to be excluded
space is fitted with a means of closure.
(3) Other features of the space make it possible for the space to be
closed.
Sec. 69.63 Net tonnage.
Net tonnage (NT) is determined by the formula:
[GRAPHIC] [TIFF OMITTED] TR30SE97.006
in which:
Vc = total volume of cargo spaces in cubic meters.
K2 = 0.2 + 0.02 log10 Vc.
[GRAPHIC] [TIFF OMITTED] TR30SE97.007
D = molded depth amidships in meters, as ``molded depth'' is defined in
Sec. 69.53.
d = molded draft amidships in meters, as ``molded draft'' is defined in
Sec. 69.53.
N1 = number of passengers in cabins with not more than eight
berths, as ``passenger'' is defined in Sec. 69.53.
N2 = number of other passengers, as ``passenger'' is defined
in Sec. 69.53.
GT = gross tonnage as determined under Sec. 69.57.
N1 plus N2 must equal the total number of
passengers the vessel is permitted to carry as indicated on the ship's
Passenger Certificate. If N1 plus N2 is less than
13, both N1 and N2 are zero.
[GRAPHIC] [TIFF OMITTED] TR30SE97.008
NT must not be less than 0.30 GT.
[CGD 97-057, 62 FR 51045, Sept. 30, 1997]
Sec. 69.65 Calculation of volumes.
(a) Volumes V and Vc used in calculating gross and net
tonnages, respectively, must be measured and calculated according to
accepted naval architectural practices for the spaces concerned.
(b) The volume of the hull below the upper deck is determined as
follows:
(1) If the number and location of sections originally used in making
other calculations which relate to the form of the vessel (such as
displacement volumes and center of buoyancy) are reasonably available,
Simpson's first rule may be applied using those sections.
(2) If the number and location of stations originally used are not
reasonably available or do not exist and the hull is of conventional
design with faired lines, Simpson's first rule may be applied using a
number and location of stations not less than those indicated in Sec.
69.109(g)(1).
(3) If the hull is of standard geometric shape, a simple geometric
formula that yields a more accurate volume may be used.
(4) If the lines of the hull are not fair, the volume may be
measured by using a combination of methods under this section.
(c) The volume of structures above the upper deck may be measured by
applying the superstructure provisions in Sec. 69.113 or by any
accepted method or combinations of methods.
(d) Measurements must be taken, regardless of the fitting of
insulation or the like--
(1) To the inner side of the shell or structural boundary plating,
in vessels constructed of metal; and
(2) To the outer surface of the shell or to the inner side of
structural boundary surfaces, in all other vessels.
(e) When determining the volume of a cargo space, measurements must
be
[[Page 395]]
taken without consideration for insulation, sparring, or ceiling fitted
within the space.
(f) Measurements must be to the nearest one-twentieth of a foot.
(g) Calculations must be made on a worksheet and must be
sufficiently detailed to permit easy review. The measurement procedures
used must be identified on the worksheet.
Sec. 69.67 Marking of cargo spaces.
Cargo spaces used in determining volume (Vc) for calculating net
tonnage must be permanently marked with the letters ``CC'' (cargo
compartment) which are at least four inches in height and positioned so
as to be visible at all times.
Sec. 69.69 Issuance of an International Tonnage Certificate (1969).
On request of the vessel owner, an International Tonnage Certificate
(1969) is issued for a vessel measured under this subpart that is 79
feet or more in registered length and that will engage on a foreign
voyage. The Certificate is issued to the vessel owner or master and must
be maintained on board the vessel when it is engaged on a foreign
voyage.
Sec. 69.71 Change of net tonnage.
(a) When a vessel is altered so that the net tonnage is increased,
the new net tonnage must be applied immediately.
(b) A vessel concurrently assigned load lines under both the
International Convention on Load Lines and either the International
Convention for the Safety of Life at Sea (SOLAS) or other international
agreement must be assigned only one net tonnage. The net tonnage
assigned must be the net tonnage applicable to the load line assigned
under the International Convention on Load Lines, SOLAS or other
international agreement for the trade in which the vessel in engaged.
(c) When a vessel is altered so that the net tonnage is decreased or
the vessel's trade is changed so that the load line assigned for that
trade under paragraph (b) of this section is no longer appropriate and
results in a decrease in its net tonnage, a new International Tonnage
Certificate (1969) incorporating that net tonnage may not be issued
until twelve months after the date on which the current Certificate was
issued. However, if one of the following apply, a new Certificate may be
issued immediately:
(1) The vessel is transferred to the flag of another nation.
(2) The vessel undergoes alterations or modifications which the
Coast Guard deems to be of a major character, such as the removal of a
superstructure which requires an alteration of the assigned load line.
[CGD 87-015b, 54 FR 37657, Sept. 12, 1989, as amended by USCG-1999-6216,
64 FR 53225, Oct. 1, 1999]
Sec. 69.73 Variance from the prescribed method of measurement.
(a) When application of this subpart to a novel type vessel produces
unreasonable or impractical results, the Commandant may determine a more
suitable method of measurement.
(b) Requests for a determination must be submitted to the
Commandant, explaining the problem, and including plans and sketches of
the spaces in question.
[CGD 87-015b, 54 FR 37657, Sept. 12, 1989, as amended by CGD 97-057, 62
FR 51045, Sept. 30, 1997; USCG-1999-6216, 64 FR 53225, Oct. 1, 1999]
Sec. 69.75 Figures.
0=excluded space.
C=enclosed space.
I=space to be considered as an enclosed space.
B=breadth of deck in way of the opening.
[[Page 396]]
[GRAPHIC] [TIFF OMITTED] TC01FE91.040
[[Page 397]]
[GRAPHIC] [TIFF OMITTED] TC01FE91.041
Subpart C_Standard Measurement System
Sec. 69.101 Purpose.
This subpart prescribes the procedures for measuring a vessel under
the Standard Measurement System described in 46 U.S.C. 14512.
Sec. 69.103 Definitions.
As used in this subpart--
[[Page 398]]
Between-deck means the space above the line of the tonnage deck and
below the line of the deck next above.
Break means the space between the line of a deck and the upper
portion of that deck, in cases where that deck is stepped and continued
at a higher elevation.
Camber means the perpendicular rise or crown of a deck at the
centerline of the vessel measured above the skin of the vessel at the
vessel's sides.
Ceiling means the permanent planking or plating fitted directly on
the inboard side of frames, floors, or double bottom and includes cargo
battens and refrigeration insulation but does not include false ceiling
which stands off from the framing.
Coaming means both the vertical plating around a hatch or skylight
and the sill below an opening in a bulkhead.
Deckhouse means a structure that is on or above the uppermost
complete deck and that does not extend from side to side of the vessel.
The term includes cabin trunks and closed-in spaces over the holds of
vessels.
Depth of frame means the perpendicular depth of a bottom frame and
the athwart distance between the inboard and outboard faces of a side
frame.
Double bottom means a space at the bottom of a vessel between the
inner and outer bottom plating and used solely for water ballast.
Floor means a vertical plate or timber extending from bilge to bilge
in the bottom of a vessel. In a wooden vessel, ``floor'' means the
lowermost timber connecting the main frames at the keel when that timber
extends the full depth of the frames to which it is fastened. In a
double bottom, floors usually extend from the outer to the inner bottom.
Gross tonnage is defined in Sec. 69.107(a).
Hatch means an opening in a deck through which cargo is laden or
discharged.
Line of tonnage deck means the line determined under Sec.
69.109(e).
Line of uppermost complete deck means the line determined under
Sec. 69.111(b).
Net tonnage is defined in Sec. 69.107(b).
Registered breadth is defined in Sec. 69.53.
Registered depth means ``molded depth'' as defined in Sec. 69.53.
Registered length is defined in Sec. 69.53.
Shelter deck means the uppermost deck that would have qualified as
the uppermost complete deck had it not been fitted with a middle line
opening.
Step means a cutoff in a deck or in the bottom, top, or sides of a
space resulting in varying heights of a deck or varying heights or
widths of a space.
Superstructure means all permanent structures (such as forecastle,
bridge, poop, deckhouse, and break) on or above the line of the
uppermost complete deck or, if the vessel has a shelter deck, on or
above the line of the shelter deck.
Tonnage deck is defined in Sec. 69.109(c).
Tonnage length is defined in Sec. 69.109(f).
Uppermost complete deck means the uppermost deck--
(a) Which extends from stem to stern and from side to side at all
points of its length;
(b) The space below which is enclosed by the sides of the vessel;
(c) Through which there is no opening that would exempt the space
below from being included in gross tonnage; and
(d) Below which there is no opening through the hull that would
exempt the space below from being included in gross tonnage.
Sec. 69.105 Application for measurement services.
Applications for measurement services under this subpart must
include the following information and plans:
(a) Type of vessel.
(b) Vessel's name and official number (if assigned).
(c) Builder's name and the vessel hull number assigned by the
builder.
(d) Place and year built.
(e) Date keel was laid.
(f) Overall length, breadth, and depth of vessel.
(g) Lines plan.
(h) Booklet of offsets.
(i) Capacity plans for tanks
(j) Construction plans showing measurements and scantlings of hull
and superstructure.
(k) Tonnage drawing showing tonnage length in profile and tonnage
sections.
[[Page 399]]
(l) Arrangement plans.
[CGD 87-015b, 54 FR 37657, Sept. 12, 1989, as amended by CGD 95-014, 60
FR 31606, June 15, 1995]
Sec. 69.107 Gross and net tonnages.
(a) Gross tonnage is the sum of the following tonnages, less certain
spaces exempt under Sec. 69.117:
(1) Under-deck tonnage (Sec. 69.109).
(2) Between-deck tonnage (Sec. 69.111).
(3) Superstructure tonnage (Sec. 69.113).
(4) Excess hatchway tonnage (Sec. 69.115(c)).
(5) Tonnage of framed-in propelling machinery spaces included in
calculating gross tonnage (Sec. 69.121(d)(1)).
(b) Net tonnage is gross tonnage less deductions under Sec. Sec.
69.119 and 69.121.
Sec. 69.109 Under-deck tonnage.
(a) Defined. ``Under-deck tonnage'' means the tonnage of the space
below the line of the tonnage deck, as that volume is calculated under
this section.
(b) Method of calculating tonnage. Under-deck tonnage is calculated
by applying Simpson's first rule using the tonnage length and the areas
of the transverse sections prescribed by this section.
(c) Identifying the tonnage deck. In vessels with two or less decks,
the tonnage deck is the uppermost complete deck. In vessels with more
than two decks, the tonnage deck is the second deck from the keel as
determined in paragraph (d) of this section.
(d) Enumerating the decks to identify the second deck from the keel.
Only decks without openings that permit space below to be exempt from
inclusion in under-deck tonnage are enumerated. Partial decks are not
considered decks for the purpose of enumerating decks. However, the
presence of engine and boiler casings, peak tanks, or cofferdams that
penetrate a deck do not disqualify the deck from being enumerated.
(e) Identifying the line of the tonnage deck. (1) If the tonnage
deck runs in a continuous line from stem to stern, the line of the
tonnage deck is the longitudinal line at the underside of the tonnage
deck.
(2) If the tonnage deck runs at different levels from stem to stern,
the line of the tonnage deck is the longitudinal line of the underside
of the lowest portion of that deck parallel with the upper portions of
that deck. (See Sec. 69.123, figures 1 and 2.) Spaces between the line
of the tonnage deck and the higher portions of that deck are not
included in under-deck tonnage.
(f) Tonnage length. (1) ``Tonnage length'' means the length of a
horizontal straight line measured at the centerline of the vessel from
the point forward where the line of the tonnage deck intersects the line
of the inboard faces of the ordinary side frames to the point aft where
the line of the tonnage deck intersects the inboard face of the transom
frames or cant frames. (See Sec. 69.123, figure 3.)
(2) For a vessel having a headblock or square end with framing which
extends from the tonnage deck to the bottom of the vessel, the tonnage
length terminates on the inboard face of the head block or end framing.
When a headblock extends inboard past the face of the end side frames or
when the headblock plates are excessive in length, the tonnage length
terminates at the extreme end of the vessel less a distance equal to the
thickness of an ordinary side frame and shell plating. (See Sec.
69.123, figure 4.)
(3) For a vessel having a square bow or stern and tonnage deck with
camber, the effect of the camber on the tonnage length must be
considered. The tonnage length must be measured below the tonnage deck
at a distance equal to one-third of round camber and one-half of
straight pitch camber.
(g) Division of vessel into transverse sections. (1) Except as under
paragraph (m)(1)(iii) of this section, the tonnage length is divided
into an even number of equal parts as indicated in the following table:
------------------------------------------------------------------------
Class Tonnage length Divisions
------------------------------------------------------------------------
1................................... 50 ft. or less......... 6
2................................... Over 50 ft. but not 8
exceeding 100 ft.
3................................... Over 100 ft. but not 10
exceeding 150 ft.
4................................... Over 150 ft. but not 12
exceeding 200 ft.
5................................... Over 200 ft. but not 14
exceeding 250 ft.
6................................... Over 250 ft............ 16
------------------------------------------------------------------------
[[Page 400]]
(2) Transverse sections are cut at each end of the tonnage length
and at each point of division of the tonnage length. Intervals and one-
third intervals between the points of division are measured to the
nearest thousandth of a foot. (See Sec. 69.123 figures 5 and 6.)
(h) Depths of transverse sections. (1) Transverse section depths are
measured at each point of division of the tonnage length at the
centerline of the vessel from a point below the line of the tonnage deck
equal to one-third of the camber or to one-half of the pitch of the beam
down to the upper side of the ordinary frames, floors, longitudinals, or
tank top of a cellular double bottom, as the case may be.
(2) When a depth falls at a point where the tank top of a double
bottom has a straight fall from centerline to the wings, the depth
terminates at one-half of the height of fall. (See Sec. 69.123 figure
8.)
(3) When a depth falls at a point where the tank top of a double
bottom rises from the centerline to the wings, the depth terminates at
one-half the dead rise. (See Sec. 69.123, figure 9.)
(4) The depth at the midpoint of the tonnage length or, when a
vessel is measured in parts, the depth at the midpoint of each part
determines the number of equal parts into which each depth is divided,
as follows:
(i) If the midpoint depth is 16 feet or less, each depth is divided
into four equal parts. If the midpoint depth exceeds 16 feet, each depth
is divided into six equal parts. (See Sec. 69.123, figure 7.)
(ii) The interval between the points of division of a depth and one-
third intervals are carried to the nearest hundredth of a foot.
(i) Breadths of transverse sections. (1) Transverse section breadths
are measured horizontally at each point of division of each depth and
also at the upper and lower points of each depth. Breadths are measured
to the inboard face of the ordinary frames or to the line of the
ordinary frames. Breadths are measured parallel to each other and at
right angle to the vessel's centerline. (See Sec. 69.123, figure 7.)
(2) Upper breadths are not reduced by measuring to deck-beam
brackets. In cases of camber when an upper breadth passes through the
deck (see Sec. 69.123, figure 7), the breadth is measured to the line
of the side frames at the under side of the deck projected vertically up
to the height of the upper breadth.
(3) Bottom breadths are measured only as far as the flat of the
floor extends. (See Sec. 69.123, figures 7 and 10.) When bottom frames
rise immediately from the flat keel, bottom breadths are equal to the
breadth of the flat keel. Where there is no double bottom and where
there is dead rise of the bottom out to the sides of the vessel, bottom
breadths are equal to the part of the bottom plating not affected by
dead rise.
(4) Bottom breadths falling in way of a double bottom, the top of
which rises or falls from certerline to the wings, are measured between
the inboard faces of the frame brackets which connect the double bottom
with the frames. (See Sec. 69.123, figures 8 and 9.)
(j) Measuring spaces having ceiling. The maximum allowance for
terminating measurements on ceiling is three inches on the bottom frames
or tank top and three inches on each side frame. When ceiling is less
than three inches thick, only the actual thickness is allowed. When
ceiling is fitted on a platform directly above the bottom frames, depths
are measured down through the platform to the upper side of the frames
and the allowable ceiling on the platform is then deducted.
(k) Area of transverse sections. (1) A transverse section at an end
of the tonnage length may not yield area, except in vessels (such as
barges) with an upright bow or stern.
(2) The breadths of each transverse section are numbered from above,
the upper being ``1'', the second down being ``2'', and so on to the
lowest.
(3) Multiply the even numbered breadths by four and the odd numbered
breadths by two, except for the first and last breadths, which are
multiplied by one.
(4) Add together the products from paragraph (k)(3) of this section.
(5) Multiply the sum from paragraph (k)(4) of this section by one-
third of the interval between the breadths. The product is the area of
the transverse section.
[[Page 401]]
(l) Tonnage. (1) Number the transverse sections successively ``1'',
``2'', and so forth, beginning at the bow.
(2) Multiply the area of the even numbered sections by four and the
area of the odd numbered sections by two, except the first and last
sections, which are multiplied by one.
(3) Add together the products from paragraph (l)(2) of this section
and multiply the sum by one-third of the interval between the sections.
The product is the volume under-deck.
(4) The volume under-deck is divided by 100 and is, subject to
exemptions, the under-deck tonnage.
(m) Steps in double bottom. (1) The tonnage length of a vessel
having a step exceeding six inches in height in its double bottom is
divided into longitudinal parts at the step. Each part is subdivided as
follows to determine the number of transverse sections:
(i) Parts 20 feet or under in length are divided into two equal
parts.
(ii) Parts over 20 feet and under 40 feet in length are divided into
four equal parts.
(iii) Parts 40 feet or over are divided as provided in paragraph
(g)(1) of this section.
(2) The tonnage of each part is calculated separately. The sum of
the tonnages of the parts is the under-deck tonnage.
(n) Outside shaft tunnel exclusion. Any portion of an outside shaft
tunnel included in tonnage through the process of measurement is
subtracted from the under-deck tonnage.
(o) Open vessels. (1) An open vessel is one of any length without a
deck or with one or more partial decks, the total length of which is
less than one-half the tonnage length.
(2) The line of the tonnage deck for an open vessel is the upper
edge of the upper strake. Depths of transverse sections are taken from
this line.
(3) Any vessel, other than one having a mechanically refrigerated
hold, that is not an open vessel and that has a tonnage length of less
than 50 feet is measured as an open vessel, if the distance between the
line of its tonnage deck and the upper edge of the upper strake is more
than one-sixth of the midship depth. ``Midship depth'' means the depth
measured from the line of the upper edge of the upper strake to the
point in the bottom used for measuring tonnage depths.
[CGD 87-015b, 54 FR 37657, Sept. 12, 1989; 54 FR 40240, Sept. 29, 1989]
Sec. 69.111 Between-deck tonnage.
(a) Defined. ``Between-deck tonnage'' means the tonnage of the space
above the line of the tonnage deck and below the line of the uppermost
complete deck.
(b) Identifying the line of the uppermost complete deck. (1) If the
uppermost complete deck runs in a continuous line from stem to stern,
the line of the uppermost complete deck is the longitudinal line of the
underside of the uppermost complete deck.
(2) If the uppermost complete deck runs at different levels from
stem to stern, the line of the uppermost complete deck is the
longitudinal line of the underside of the lowest portion of that deck
parallel with the upper portions of that deck. Spaces between the line
of the uppermost complete deck and the higher portions of the deck are
included in superstructure tonnage.
(c) Method for calculating tonnage. The tonnage of each level of the
between-deck space is calculated separately, as follows:
(1) The length of each level is measured at the mid-height between
the line of the deck above and the line of the deck below. Measure from
the point forward where the continuation of the line of the inboard face
of the normal side frames intersects the center line of the vessel aft
to the forward face of the normal transom framing.
(2) Divide the length under paragraph (c)(1) of this section into
the same number of equal parts into which the tonnage length is divided
under Sec. 69.109(g)(1).
(3) Measure at mid-height between the faces of the normal side
frames the inside breadth of the space at each end and at each point of
division of the length. Number the breadths successively ``1'', ``2'',
and so forth beginning at the bow.
(4) Multiply the even numbered breadths by four and the odd numbered
breadths by two, except the first and last, which are multiplied by one.
[[Page 402]]
(5) Add together the products under paragraph (c)(4) of this section
and multiply the sum by one-third of the interval between the points at
which the breadths are taken. The product is the square foot area of the
space at mid-height.
(6) Multiply the area of the space at mid-height by the average of
the heights taken each point of division of the space. The product
divided by 100 is the tonnage of that space.
(7) The between-deck tonnage is the sum of the tonnage of each level
within the between-deck space.
[CGD 87-015b, 54 FR 37657, Sept. 12, 1989, as amended by CGD 97-057, 62
FR 51045, Sept. 30, 1997]
Sec. 69.113 Superstructure tonnage.
(a) Defined. ``Superstructure tonnage'' means the tonnage of all
permanent structures, such as forecastle, bridge, poop, deckhouse, and
break, on or above the line of the uppermost complete deck (or line of
shelter deck, if applicable).
(b) Method of calculating tonnage. The tonnage of all structures on
each level on or above the uppermost complete deck (or shelter deck, if
applicable) is calculated separately as follows:
(1) The length of each structure is measured along its centerline at
mid-height between the line of the inboard face of the framing on one
end to the line of the inboard face of the framing on the other end.
(See Sec. 69.123, figure 11.)
(2) Divide the length under paragaph (b)(1) of this section into an
even number of equal parts most nearly equal to those into which the
tonnage length is divided under Sec. 69.109.
(3) Measure at mid-height the inside breadth at each end and at each
point of division of the length. Number the breadths successively ``1'',
``2'', and so forth, beginning at the extreme forward end of the
structure. If an end of the structure is in the form of a continuous arc
or curve, the breadth at that end is one-half the nearest breadth. If an
end is in the form of an arc or curve having a decided flat, the breadth
at the end is two-thirds of the nearest breadth.
(4) Multiply the even numbered breadths by four and the odd numbered
by two, except the first and last breadth, which are multiplied by one.
(5) Add together the products under paragraph (b)(4) of this section
and multiply the sum by one-third of the interval between the points at
which the breadths are taken. The product is the square foot area of the
structure at mid-height.
(6) Multiply this area by the average of the heights taken at each
point of division of the structure between its decks or the line of its
decks. The product divided by 100 is the tonnage of that structure.
(c) A structure having steps in its deck or side must be measured in
parts.
(d) The superstructure tonnage is the sum of tonnages of each level
above the line of the uppermost complete deck (or shelter deck, if
applicable).
(e) When a structure is located over a cut-away portion of the
tonnage deck, the structure's height is measured from the under side of
its overhead deck to the line of the tonnage deck. If the tonnage deck
has no camber, allow for camber in the overhead deck.
(f) For structures of a standard geometric shape, a simple geometric
formula that yields an accurate volume may be used.
Sec. 69.115 Excess hatchway tonnage.
(a) Hatchways that are above the tonnage deck and are either open to
the weather or within open structures are measured to determine excess
hatchway tonnage. Hatchways that are in between-deck spaces, on decks
within closed-in structures, or on open structures are not measured.
(b) The tonnage of a hatchway is its length times breadth times mean
depth divided by 100. Mean depth is measured from the under side of the
hatch cover to the top of the deck beam.
(c) From the sum of the tonnage of the hatchways under this section,
subtract one-half of one percent of the vessel's gross tonnage exclusive
of the hatchway tonnage. The remainder is added as excess hatchway
tonnage in calculating gross tonnage.
[[Page 403]]
Sec. 69.117 Spaces exempt from inclusion in gross tonnage.
(a) Purpose. This section lists spaces which are exempt from
inclusion in gross tonnage.
(b) Spaces on or above the line of the uppermost complete deck. The
following spaces or portions of spaces on or above the line of the
uppermost complete deck are exempt if the spaces or portions are
reasonable in extent and adapted and used exclusively for the purpose
indicated:
(1) Spaces for anchor gear, including capstan, windlass, and chain
locker, are exempt.
(2) Companions and booby-hatches protecting stairways or ladderways
leading to spaces below are exempt, whether or not the spaces below are
exempt.
(3) Galley or other spaces fitted with a range or oven for cooking
food to be consumed on board the vessel are exempt.
(4) Spaces designed to provide light or air to propelling machinery
are exempt, as follows:
(i) When propelling machinery is located entirely on or above the
line of the uppermost complete deck, the entire propelling machinery
space and all fuel bunker spaces that are also located above that line
are exempt as light or air spaces. (See exception in Sec. 69.121(d)(1)
for framed-in spaces.)
(ii) When part of the propelling machinery projects above the line
of the uppermost complete deck into a space used exclusively to provide
light or air to the propelling machinery, the entire space is exempt as
light or air space. When any portion of this space is used for purposes
other than providing light or air, only the portion of the space used
for light or air, the space occupied by the propelling machinery itself,
and a propelling machinery working space allowance under Sec. 69.121
limited to two feet, if available, on each side of the propelling
machinery are exempt.
(iii) Any part of an escape shaft, or a companion sheltering an
escape shaft, above the line of the uppermost complete deck is exempt as
light or air space.
(iv) Space that would otherwise be exempt as a light or air space is
not exempt when propelling machinery is boxed-in and does not extend
above the line of the uppermost complete deck. Any portion of the boxed-
in space above the line of the uppermost complete deck is exempt.
(5) Skylights affording light or air to a space below, other than to
propelling machinery spaces. Space immediately below the line of the
deck on which a skylight is located is exempt only when there is an
opening in the next lower deck directly below the skylight to permit
light or air to an even lower deck.
(6) Machinery spaces, other than for propelling machinery under
Sec. 169.121.
(7) Spaces for steering gear.
(8) Water closet spaces that are fitted with at least a toilet and
are intended for use by more than one person.
(9) The space in a wheelhouse necessary for controlling the vessel.
(c) Passenger spaces. (1) As used in this section, the term
``passenger'' includes officers and enlisted men on military vessels who
are not assigned ship's duties and not entered on the ship's articles.
(2) As used in this section, ``passenger space'' means a space
reserved exclusively for the use of passengers and includes, but is not
limited to, berthing areas, staterooms, bathrooms, toilets, libraries,
writing rooms, lounges, dining rooms, saloons, smoking rooms, and
recreational rooms. The space need not be part of or adjacent to a
berthing area to be considered a passenger space.
(3) A passenger space located on or above the first deck above the
uppermost complete deck is exempt from gross tonnage.
(4) A passenger space located on the uppermost complete deck is
exempt from gross tonnage only when it has no berthing accommodations
and is an open structure under paragraph (d) of this section.
(d) Open structures. (1) Structures that are located on or above the
line of the uppermost complete deck that are under cover (sheltered) but
open to the weather are exempt from gross tonnage.
(2) A structure is considered ``open to the weather'' under
paragraph (d)(1) of
[[Page 404]]
this section when an exterior end bulkhead of the structure is open and,
except as provided in paragraphs (d)(4), (d)(5), and (d)(6) of this
section, is not fitted with any means of closing. To be considered
``open to the weather'', the end bulkhead must not have a coaming height
of more than two feet in way of any required opening and have one of the
following:
(i) Two openings, each at least three feet wide and at least four
feet high in the clear, one on each side of the centerline of the
structure.
(ii) One opening at least four feet wide and at least five feet high
in the clear.
(iii) One opening at least 20 square feet in the clear with a
breadth in excess of four feet and a height of not less than three feet.
(3) A compartment within an open structure is considered open to the
weather only when an interior bulkhead of that compartment has an
opening or openings that meet the requirements for end bulkheads under
paragraphs (d)(2)(i) through (d)(2)(iii) of this section. Other
compartments within the structure are not considered open to the
weather.
(4) An interior or exterior opening that is temporarily closed by
shifting boards dropped into channel sections at the sides of the
opening is considered open to the weather if battening, caulking, or
gaskets of any material are not used.
(5) An interior or exterior opening that is temporarily closed by
cover plates or boards held in place only by hook bolts (see Sec.
69.123, Figure 12) is considered open to the weather--
(i) If hook bolts used to secure cover plates or boards are spaced
at least one foot apart and hook over a stiffener installed around the
perimeter of the opening;
(ii) If the cover plates or boards fit tightly against the bulkhead;
and
(iii) If battening, caulking, or gaskets of any material are not
used.
(6) An interior or exterior opening that is temporarily closed by
cover plates or boards held in place only by bolts and crosspieces is
considered open to the weather--
(i) If the bolts are not installed through the bulkhead;
(ii) If the bolts and crosspieces are not held in place by cleats or
other attachments to or through the bulkhead;
(iii) If the cover plates or boards fit tightly against the
bulkhead; and
(iv) If battening, caulking, or gaskets of any material are not
used.
(7) A structure with its aft end entirely open from the under side
of its overhead stiffeners down to the deck, to the line of the deck, or
to a coaming not exceeding three inches in height and open athwartship
between the inboard faces of the side stiffeners is considered open to
the weather. The opening may be covered by a wire mesh screen or
temporarily closed by canvas secured at the top and lashed or buttoned
in place.
(e) Open space between the shelter deck and the next lower deck. (1)
Space that is between the shelter deck and the next lower deck and that
is under cover (sheltered) but open to the weather is exempt from gross
tonnage when all openings in the uppermost complete deck are provided
with a watertight means of closing.
(2) A space is considered ``open to the weather'' under paragraph
(e)(1) of this section when the shelter deck above the space has a
middle line opening which conforms to the following:
(i) The middle line opening must be at least four feet long in the
clear and at least as wide as the after cargo hatch on the shelter deck,
but not less than one-half the width of the vessel at the midpoint of
the length of the opening. The opening may have rounded corners not
exceeding a nine inch radius. When a greater radius is required by the
Coast Guard or a Coast Guard recognized classification society under
Sec. 42.05-60 of this chapter, notification of that requirement must be
submitted to the Commandant.
(ii) The middle line opening must be located so that the distance
between the aft edge of the middle line opening and the vessel's stern
is not less than one-twentieth of the tonnage length of the vessel and
the distance between the fore edge of the opening and the vessel's stem
is not less than one-fifth of the tonnage length of the vessel.
(iii) The middle line opening must not be within a structure of any
type.
[[Page 405]]
(iv) If the middle line opening is guarded by rails or stanchions,
the rails and stanchions must not be used to secure or assist in
securing a cover over the opening.
(v) The coaming of the middle line opening must not exceed one foot
mean height above the shelter deck. Bolts must not pass through the
stiffeners or flanges on the coaming, nor may there be any other
attachments on the coaming for fastening a cover. Portable wood covers
may be fitted over the middle line opening if held in place only by
lashings fitted to the under side of the covers. Metal covers may be
fitted if held in place only by hook bolts spaced not less than 18
inches apart that pass through the cover and hook over angle stiffeners
or flanges fitted to the outside of the coaming.
(vi) The space below the middle line opening must have a minimum
length of four feet throughout its entire breadth and height and be in
the clear at all times.
(vii) A scupper having a five inch minimum inside diameter and
fitted with a screw down non-return valve geared to and operated from
the shelter deck must be fitted on each side of the upper deck in way of
the middle line opening.
(3) When the shelter deck space forward or aft of the middle line
opening is divided by interior bulkheads, only those compartments with
at least two openings that progress to the middle line opening are
considered ``open to the weather'' under paragraph (e)(1) of this
section. Each required opening must be at least three feet wide and at
least four feet high in the clear, must not have a coaming height of
more than two feet, and must not be fitted (except as provided in
paragraphs (d)(4), (d)(5), and (d)(6) of this section) with any means of
closing. Other compartments within the shelter deck space are not
considered ``open to the weather'' under paragraph (e)(1) of this
section.
(f) Water ballast spaces. A space, regardless of location, adapted
only for water ballast and not available for stores, supplies, fuel, or
cargo (other than water to be used for underwater drilling, mining, and
related purposes, including production), upon request, may be exempt
from gross tonnage if the following are met:
(1) The space must be available at all times only for water ballast
that is piped through a system independent of other systems (except fire
fighting and bilge suction systems). Pumps, pipes, and other equipment
for loading and unloading water ballast must be of a size suitable for
the efficient handling of the water ballast within a reasonable time
frame. All manholes providing access to a water ballast space must be
oval or circular and not greater than 34 inches in diameter. Except for
those on a deck exposed to the weather, the manholes may have a coaming
not exceeding six inches in height. Existing hatches over spaces being
converted to water ballast spaces must have a watertight cover plate
welded to the hatch and a manhole, as described in this paragraph,
fitted in the plating.
(2) The primary purpose of the water ballast must be to afford a
means of maintaining the vessel's stability, immersion, trim, pre-
loading conditions, or seakeeping capabilities.
(3) If the space is in a vessel that is subject to inspection under
46 U.S.C. 3301, the space must be considered when determining the
adequacy of the vessel's stability under 46 CFR chapter I.
(4) If the total of all water ballast spaces to be exempted from
gross tonnage exceeds 30 percent of the vessel's gross tonnage (as
calculated under this subpart without any allowance for water ballast),
a justification of the operating conditions that require the water
ballast must be submitted to the measuring organization for approval.
Although a single condition may justify all water ballast spaces,
several conditions may be necessary in other cases. However, a
particular tank is not justified by a condition if another tank already
justified by another condition could be used as effectively. The
justification must--
(i) Designate the vessel's service;
(ii) Explain for what purpose under paragraph (f)(2) of this section
the water ballast is being used;
(iii) Provide the calculations required in paragraphs (f)(4)(vi)
through (f)(4)(ix) of this section for those uses
[[Page 406]]
on a form similar to Coast Guard Stability Test Form CG-993-9;
(iv) Include the capacity, tank arrangement, and piping plans for
the vessel;
(v) Include a statement certifying that the space will be used
exclusively for water ballast as prescribed by this section;
(vi) If water ballast is used for stability, describe each loading
condition and the resultant metacentric height (GM) and include
calculations;
(vii) If water ballast is used for immersion or trim, describe those
conditions and include loading and trim calculations;
(viii) If water ballast is used for pre-loading, describe how it is
used and include strength and weight calculations; and
(ix) If water ballast is used for seakeeping, describe each loading
condition, GM, period of roll, and, if speed is involved, speed versus
trim and draft and include calculations.
(5) If the water ballast space or its use, purpose, or piping are
changed, the vessel owner or operator must report the change promptly to
a measurement organization listed in Sec. 69.15 for a determination as
to whether a tonnage remeasurement is required.
(g) Methods for measuring exempt spaces. (1) If the exempt space is
located within the superstructure, the exempt space is measured using
the same procedures used to measure superstructure tonnage under Sec.
69.113.
(2) If the exempt space is located between-deck, the space is
measured using the same procedures used for between-deck tonnage under
Sec. 69.111(c), except that the length of the exempt space is divided
into the even number of spaces most equal to the number of spaces into
which the between-deck was divided.
(3) If the exempt space is located under-deck, the space is measured
using the same procedures used for under-deck tonnage under Sec.
69.109, except that the length of the exempt space is divided into the
even number of spaces most equal to the number of spaces into which the
under-deck was divided.
[CGD 87-015b, 54 FR 37657, Sept. 12, 1989; 54 FR 40240, Sept. 29, 1989;
CGD 97-057, 62 FR 51045, Sept. 30, 1997; CGD 95-028, 62 FR 51203, Sept.
30, 1997; USCG-1999-5118, 64 FR 47404, Aug. 31, 1999]
Sec. 69.119 Spaces deducted from gross tonnage.
(a) Purpose. This section lists the requirements for spaces (other
than propelling machinery spaces under Sec. 69.121) which, though
included in calculating gross tonnage (i.e., are not exempt under Sec.
69.117), are deducted from gross tonnage in deriving net tonnage.
(b) General. (1) A deductible space must be used exclusively for,
and be reasonable in size for, its intended purpose.
(2) When a space is larger than necessary for the safe and efficient
operation of deductible equipment, only the space occupied by the
equipment plus a two foot maximum working space on each side of the
equipment, if available, is deductible.
(3) Space specified in this section may be located anywhere within
the vessel, unless otherwise specified.
(c) Anchor gear. A space below the line of the uppermost complete
deck occupied by the anchor gear, capstan, windlass, and chain locker is
deductible. A fore peak used exclusively as chain locker is measured by
the method prescribed under Sec. 69.117(g)(3).
(d) Boatswain's stores. A space containing oils, blocks, hawsers,
rigging, deck gear, or other boatswain's stores for daily use is
deductible. The maximum deduction allowed for vessels less than 100
gross tons is one ton and, for vessels 100 gross tons or over, is one
percent of the gross tonnage, not to exceed 100 tons.
(e) Chart room. A space for keeping charts and nautical instruments
and for plotting the vessel's course is deductible. For a combined
wheelhouse and chart room, that part not exempted as wheelhouse under
Sec. 69.117(b)(9) is deductible. For small vessels in which the only
space for a chart room is in a cabin or saloon, one half the space not
to exceed 1.5 tons is deductible as chart room.
[[Page 407]]
(f) Donkey engine and boiler. Donkey engine and boiler space is
deductible when connected with the main (non-cargo) pumps of the vessel,
except as follows:
(1) If the space is within the engine room or within the casing
above the engine room and if the donkey engine is an auxiliary to the
main propelling machinery, the space is an engine room deduction under
Sec. 69.121(b).
(2) If the space is above the line of the uppermost complete deck
and if the donkey engine is not an auxiliary to the main propelling
machinery, the space is exempt under Sec. 69.117(b).
(g) Spaces for the exclusive use of officers or crew. (1) The
following spaces, regardless of their location (unless otherwise noted),
are deductible if not used by passengers:
(i) Sleeping rooms.
(ii) Bathrooms with a bath tub or shower but without a water closet.
(iii) Water closets below the line of the uppermost complete deck
serving more than one person, with or without a bath tub or shower.
Water closets, regardless of location, that serve only one person or
that are accessible only through a stateroom or bedroom serving one
person are considered as part of the space they serve and are deductible
only if that space is deductible.
(iv) Clothes drying rooms.
(v) Drinking water filtration or distilling plant below the line of
the uppermost complete deck.
(vi) Hospitals.
(vii) Mess rooms.
(viii) Office of the chief engineer.
(ix) Oil skin lockers.
(x) Pantries.
(xi) Recreation rooms.
(xii) Smoking rooms.
(xiii) Galleys below the line of the uppermost complete deck.
(2) Shops for engineers, carpenters, plumbers, or butchers and
offices for clerks, pursers, or postmasters are not deductible, wherever
located.
(h) Master's cabin. The master's sleeping room, dressing room,
bathroom, observation room, reception room, sitting room, water closet,
and office are deductible.
(i) Radio room. Spaces in which radio apparatus is installed and
messages are sent and received and which may provide off-duty operator
accommodations are deductible.
(j) Steering gear. Spaces for steering gear below the line of the
uppermost complete deck are deductible.
(k) Generators. Spaces for generators below the line of the
uppermost complete deck are deductible regardless of what space the
generators serve. These spaces may include other equipment necessary for
the generator's operation.
(l) Pump room. Spaces below the line of the uppermost complete deck
containing pumps that are not capable of handling cargo and that are not
fuel oil transfer pumps considered part of the propelling machinery
under Sec. 69.121(b)(2)(v) are deductible.
(m) Sail stowage. A space for stowing sails on a vessel propelled
only by sails is deductible up to two and one-half percent of the
vessel's gross tonnage.
(n) Waste material space. (1) A tank or collection space, regardless
of location, used for the carriage or collection of sewage, garbage,
galley waste, trash, slop-oil mixture, tank cleaning residue, bilge
residue, or other waste material generated aboard the vessel is
deductible.
(2) Space below the line of the uppermost complete deck used
exclusively to separate, clarify, purify, or otherwise process waste
material generated aboard the vessel is deductible.
(o) Passageways. A passageway or companionway is deductible--
(1) If it serves deductible spaces only; or
(2) If it serves deductible spaces and is also the sole means of
access to one of the following non-deductible spaces:
(i) Lockers of less than two tons each, containing medicine, linen,
mops, or other items for the free use of the crew.
(ii) A ship's office.
(iii) Spare rooms (not exceeding two) used by a pilot, customs
officer, reserve engineer, or employee or agent of the vessel's owner or
operator.
(p) Markings for deductible spaces. (1) Each space deducted under
this section
[[Page 408]]
must be marked with the words ``Certified ------'' (inserting the space
designation, such as ``Seaman'', ``Generator'', Office of Chief
Engineer'', ``Hospital'', or ``Anchor Gear''). If a deductible space
berths more than one crew member, the marking must indicate the number
of crew members berthed, such as ``Certified ------ Seamen'' (inserting
the number of crew).
(2) The abbreviations ``Cert.'' for ``certified'' and ``W.C.'' for
``water closet'' may be used.
(3) The markings must be in Roman letters and Arabic numerals at
least \1/2\ inch in height, must be painted in a light color on a dark
background, must be embossed, center-punched, carved, or permanently cut
in a bulkhead or metal plate, and must be placed in a legible location
over a doorway on the inside of the space. A metal plate, if used, must
be permanently fastened in place by welding, riveting, lock screws, or a
Coast Guard-approved bonding agent.
(q) Method for measuring deductible spaces. (1) A rectangular space
must be measured by taking the product of its length, breadth, and
height.
(2) A space with curved sides on or above the tonnage deck is
measured according to Sec. 69.109.
(3) Space less than 15 feet in length may be measured by any
practical method.
(4) Spaces below the tonnage deck exceeding 15 feet in length and
bounded by a curved surface conforming to the side of the vessel must be
measured by the formula used for measuring the superstructure under
Sec. 69.113.
(5) The height of a space located on a platform in the hull must be
measured from the top of the bottom hull frames, if the platform is used
only to form a flat surface at the bottom of the space, if the platform
is not more than one foot above the top of the bottom frames, and if the
space below the platform is not usable.
(6) The height of a space is measured through any ceiling, paneling,
false overhead, or other covering, to the space's structural boundary,
unless the space enclosed by the covering is available for a non-
deductible use.
[CGD 87-015b, 54 FR 37657, Sept. 12, 1989; 54 FR 40240, Sept. 29, 1989;
CGD 92-058, 57 FR 59938, Dec. 17, 1992]
Sec. 69.121 Engine room deduction.
(a) General. The engine room deduction is either a percentage of the
vessel's total propelling machinery spaces or a percentage of the
vessel's gross tonnage.
(b) Propelling machinery spaces. (1) Propelling machinery spaces are
the spaces occupied by the main propelling machinery and auxiliary
machinery and spaces reasonably necessary for the operation and
maintenance of the machinery. Propelling machinery spaces do not include
spaces for fuel tanks, spaces exempt from gross tonnage under Sec.
69.117, and spaces not used or not available for use in connection with
the propelling machinery.
(2) Propelling machinery spaces are--
(i) Space below the crown. The crown is the top of the main space of
the engine room to which the heights of the main space are taken. The
crown is either the underside of a deck or, if the side bulkheads are
sloping, the uppermost point at which the slope terminates. (See Sec.
69.123, figures 13 and 14.)
(ii) Framed-in space located between the crown and the uppermost
complete deck and used for propelling machinery or for the admission of
light or air to propelling machinery spaces. (See Sec. 69.123, figures
13 and 14.)
(iii) Shaft tunnel space and thrust block recess space.
(iv) Space below the uppermost complete deck used for escape shafts
or trunked ladderways leading from the aft end of the shaft tunnel to
the deck above.
(v) Space containing a fuel oil transfer pump located in a separate
space and not used for bunkering the vessel. When the pump serves both
ballast and fuel oil, only one-half of the pump's space is considered a
propelling machinery space.
(vi) Spaces containing fuel oil settling tanks used solely for the
main boilers. The space must not exceed one percent of the vessel's
gross tonnage.
[[Page 409]]
(vii) Spaces for engineers' stores and workshops located below the
uppermost complete deck and either open to a propelling machinery space
or separated from a propelling machinery space only by a screen
bulkhead. The space must not exceed three-quarters of one percent of the
vessel's gross tonnage.
(viii) Framed-in space located above the line of the uppermost
complete deck and used for propelling machinery or for the admission of
light or air to a propelling machinery space, when requested under
paragraph (d) of this section.
(ix) If the propelling machinery is boxed-in below the tonnage deck,
the boxed-in space plus the spaces outside of the boxing for the shaft,
auxiliary engines, and related propelling machinery. If a portion of the
boxed-in space extends above a platform or partial deck that is below
the uppermost complete deck, that portion is also considered part of the
propelling machinery space.
(c) Methods for measuring propelling machinery spaces. (1) If the
propelling machinery space is bulkheaded off or is not larger than
necessary for the safe operation and maintenance of the propelling
machinery, the entire space, or, if bulkheaded off, the portion
bulkheaded off, is measured for the engine room deduction.
(2) If the propelling machinery space is not bulkheaded off or is
larger than necessary for the safe operation and maintenance of the
propelling machinery, only the space occupied by the propelling
machinery itself plus a working space of two feet, if available, on each
side of the propelling machinery is measured for the engine room
deduction. If the working space overlaps another working space not
related to the propelling machinery, only one-half of the overlapping
working space is included in the propelling machinery space. The height
of the working space is measured as provided in paragraph (c) of this
section.
(3) If the propelling machinery is located in more than one space,
each space must be measured separately.
(4) If the propelling machinery is located in a space with a step in
the bottom or side lines, each stepped portion of the space must be
measured separately.
(5) The length of a space under paragraph (c)(1) of this section is
measured from the bulkhead just forward of the propelling machinery to
the bulkhead just aft of the propelling machinery. The length of a space
under paragraph (c)(2) of this section is measured from the forward edge
of the working space to the aft edge of the working space.
(6) If the boundaries of the propelling machinery space form a
rectangle, the product of the length, breadth, and height, divided by
100, is the tonnage of the space.
(7) If the boundaries of the propelling machinery space are
continuous fair lines, heights are measured at the fore and aft ends and
at the center of the space from the bottom frames, floors, or tank top
of a double bottom up to the line of the crown. A breadth is measured at
half-height of each height. The product of the length, mean breadth, and
mean height, divided by 100, is the tonnage of the space.
(8) If the propelling machinery space is in the aft end of the hull,
extends from side to side of the hull, and has a continuous bottom line,
the length of the space is divided into the even number of equal parts
most nearly equal to the number of parts that the tonnage length under
Sec. 69.109(g) was divided. The tonnage is then calculated by the same
method used for calculating the under-deck tonnage in Sec. 69.109(l).
(9) The tonnage of a framed-in space located between the crown and
the uppermost complete deck and used for propelling machinery or for the
admission of light or air to the propelling machinery space, is the
product of its length, breadth, and height, divided by 100.
(10) The tonnage of a shaft tunnel, or a thrust block recess, having
a flat top is the product of its length, breadth, and height, divided by
100. If the shaft tunnel or thrust block recess top is not flat, the
space above must be calculated by using the appropriate geometrical
formula. If the space aft of the shaft tunnel extends from side to side
of the vessel, the tonnage of the space is found by the formula for
measuring peak tanks in Sec. 69.109(l).
[[Page 410]]
(11) The length and breadth of the space for a shaft tunnel, or a
thrust block recess, when not cased is that which is necessary for
maintenance of the shaft. The height allowed for thrust block recess
space must not exceed seven feet. The mean height allowed for the shaft
tunnel space must not exceed six feet. In a multi-screw vessel where the
shaft tunnel or thrust block recess space is open from side to side,
measure only the space used for purposes of propelling the vessel.
(12) When the propelling machinery is on a bed at the vessel's
bottom, the height of the propelling machinery space is measured from
the top of the bottom frames or floors.
(d) Request to treat certain framed-in engine room spaces as part of
a propelling machinery space. (1) Under Sec. 69.117(b)(4), framed-in
spaces located above the line of the uppermost complete deck and used
for propelling machinery or for admitting light or air to a propelling
machinery space are exempt from inclusion in gross tonnage. However,
upon written request to a measurement organization listed in Sec.
69.15, the vessel owner may elect to have these spaces included in
calculating gross tonnage, then deducted from gross tonnage as
propelling machinery spaces under paragraph (b)(2)(viii) of this
section.
(2) The framed-in space must be safe, seaworthy, and used only for
propelling machinery or for the admission of light or air to the
propelling machinery space. The length of the space must not exceed the
length of the propelling machinery space and the breadth must not exceed
one-half of the extreme inside midship breadth of the vessel. Portions
of the framed-in space that are plated over are not included in the
propelling machinery space.
(3) To exercise the option in paragraph (d)(1) of this section, all
of the framed-in space need not be treated as propelling machinery
space, but only that portion required to entitle the vessel to have 32
percent of its gross tonnage deducted as an engine room deduction under
paragraph (e) of this section.
(e) Calculating the engine room deduction. (1) The engine room
deduction is based on a percentage of the vessel's gross tonnage or a
percentage of the total propelling machinery space.
(2) For vessels propelled in whole or in part by screw--
(i) If the total propelling machinery space is 13 percent or less of
the vessel's gross tonnage, deduct \32/13\ times the total propelling
machinery space;
(ii) If the total propelling machinery space is more than 13 but
less than 20 percent of the vessel's gross tonnage, deduct 32 percent of
the vessel's gross tonnage; or
(iii) If the total propelling machinery space is 20 percent or more
of the vessel's gross tonnage, deduct either 32 percent of the vessel's
gross tonnage or 1.75 times the total propelling machinery space,
whichever the vessel's owner elects.
(3) For vessels propelled in whole or in part by paddle-wheel--
(i) If the total propelling machinery space is 20 percent or less of
the vessel's gross tonnage, deduct \37/20\ times the total propelling
machinery space;
(ii) If the total propelling machinery space is more than 20 but
less than 30 percent of the vessel's gross tonnage, deduct 37 percent of
the vessel's gross tonnage; or
(iii) If the total propelling machinery space is 30 percent or more
of the vessel's gross tonnage, deduct either 37 percent of the vessel's
gross tonnage or 1.5 times the total propelling machinery space,
whichever the vessel's owner elects.
[CGD 87-015b, 54 FR 37657, Sept. 12, 1989; 54 FR 40240, Sept. 29, 1989]
Sec. 69.123 Figures.
[[Page 411]]
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Subpart D_Dual Measurement System
Sec. 69.151 Purpose.
This subpart prescribes measurement requirements for the assignment
of either one gross and one net tonnage or two gross and two net
tonnages to vessels under the Dual Measurement System.
Sec. 69.153 Application of other laws.
(a) If a vessel is assigned two gross tonnages under Sec.
69.175(b), the higher gross tonnage is the tonnage used when applying
inspection, manning, and load line laws and regulations to the vessel.
(b) Tonnage marks are not to be construed as additional load line
marks. Whether or not a tonnage mark is submerged under Sec. 69.171 has
no effect on the applicability of load line laws and regulations.
Sec. 69.155 Measurement requirements.
Except as otherwise required by this subpart, the measurement
requirements under the Standard Measurement System in subpart C of this
part apply to the measurement of vessels under the Dual Measurement
System.
Sec. 69.157 Definitions.
Terms used in this subpart that are defined in Sec. 69.103 have the
same meaning as in Sec. 69.103, except the terms listed below. As used
in this subpart,--
Gross tonnage is defined in Sec. 69.161(a).
Line for fresh and tropical waters means the line described in Sec.
69.177(b)(2).
Line of the second deck means the line described in Sec. 69.181.
Line of the uppermost complete deck means a longitudinal line at the
underside of the uppermost complete deck or, if that deck is stepped,
the longitudinal line of the underside of the lowest portion of that
deck parallel with the upper portions of that deck.
Net tonnage is defined in Sec. 69.161(b).
Second deck means the next deck below the uppermost complete deck
that meets the following:
(a) Is continuous athwartships and in a fore-and-aft direction at
least between peak bulkheads, even though the deck may have
interruptions or openings due to propelling machinery spaces, to hatch
and ventilation trunks not extending longitudinally completely between
main transverse bulkheads, to ladder and stairway openings, to chain
lockers, or to cofferdams.
(b) Is fitted as an integral and permanent part of the vessel.
(c) Has proper covers to all main hatchways.
(d) Does not have steps the total of which exceed 48 inches in
height.
Tonnage deck means, for a vessel with only one deck, the uppermost
complete deck and, for a vessel with a second deck, the second deck.
Tonnage mark means the line described in Sec. 69.177(a)(2).
Sec. 69.159 Application for measurement services.
Applications for measurement services under this subpart must
include the application information and plans required for the Standard
Measurement System under Sec. 69.105. The application must indicate
whether a line for fresh and tropical waters is requested under Sec.
69.177(b) and, for vessels with more than one deck, indicate whether one
or two sets of tonnages are desired under Sec. 69.175.
Sec. 69.161 Gross and net tonnages.
(a) Gross tonnage means the tonnage of a vessel, less certain spaces
exempt under Sec. 69.169, and is the sum of the following:
(1) Under-deck tonnage (Sec. 69.163).
(2) Between-deck tonnage (Sec. 69.165)
(3) Superstructure tonnage (Sec. 69.167)
(4) Excess hatchway tonnage (Sec. 69.115)
(5) Tonnage of framed-in propelling machinery spaces included in
calculating gross tonnage (Sec. 69.121(d)(1)).
(b) Net tonnage means gross tonnage less deductions under Sec.
69.119 and Sec. 69.121.
Sec. 69.163 Under-deck tonnage.
The under-deck tonnage provisions in Sec. 69.109 apply; except
that, under the Dual Measurement System, spaces between the line of the
tonnage deck and the tonnage deck itself due to a stepped tonnage deck
are included in under-deck tonnage.
[[Page 415]]
Sec. 69.165 Between-deck tonnage.
The between-deck tonnage provisions in Sec. 69.111 apply, except
that, under the Dual Measurement System, between-deck space extends from
the tonnage deck to the uppermost complete deck, rather than from the
line of the tonnage deck to the line of the uppermost complete deck.
Sec. 69.167 Superstructure tonnage.
The superstructure tonnage provisions in Sec. 69.113 apply; except
that, under the Dual Measurement System, spaces between the line of the
uppermost complete deck and the uppermost complete deck itself due to a
stepped uppermost complete deck are not included in the superstructure
tonnage.
Sec. 69.169 Spaces exempt from inclusion in gross tonnage.
The tonnage of the following spaces is exempt from inclusion in
gross tonnage:
(a) Spaces listed in Sec. 69.117(b) when located within the
superstructure.
(b) Spaces listed in Sec. 69.117(c)(1) through (c)(3) when located
above, but not on, the uppermost complete deck.
(c) Spaces listed in Sec. 69.117(f), regardless of location.
(d) Spaces available for carrying dry cargo and stores when located
on or above the uppermost complete deck.
(e) When a vessel is assigned a tonnage mark and the tonnage mark is
not submerged,--
(1) Spaces listed in Sec. 69.117(b) when located between the
uppermost complete deck and the second deck;
(2) Spaces listed in Sec. 69.117(c)(1) through (c)(3) when located
on the uppermost complete deck; and
(3) Spaces available for carrying dry cargo and stores when located
between the uppermost complete deck and the second deck.
[CGD 87-015b, 54 FR 37657, Sept. 12, 1989, as amended by CGD 92-058, 57
FR 59938, Dec. 17, 1992]
Sec. 69.171 When the tonnage mark is considered submerged.
For the purpose of this subpart, a tonnage mark is considered
submerged when--
(a) In salt or brackish water, the upper edge of the tonnage mark is
submerged; and
(b) In fresh or tropical water, the upper edge of the line for fresh
and tropical waters is submerged.
Sec. 69.173 Tonnage assignments for vessels with only one deck.
A vessel without a second deck is assigned only one gross and one
net tonnage. In calculating the gross tonnage, only the exemptions in
Sec. 69.169 (a) through (d) are allowed. Markings under Sec. 69.177
are not permitted on these vessels.
Sec. 69.175 Tonnage assignments for vessels with a second deck.
(a) At the option of the vessel owner, a vessel having a second deck
is assigned either two gross and two net tonnages or one gross and one
net tonnage.
(b) If two gross and two net tonnages are assigned, the higher
tonnages (i.e. those based only on exemptions under Sec. 69.169 (a)
through (d)) are applicable when the upper edge of the tonnage mark is
submerged and the lower tonnages (i.e. those based only on all
exemptions under Sec. 69.169) are applicable when the upper edge of the
tonnage mark is not submerged.
(c) If only the low gross and low net tonnages, as calculated under
paragraph (b) of this section, are assigned, these tonnages are
applicable at all times. On these vessels, the tonnage mark must be
located in accordance with Sec. 69.177(a)(6) at the level of the
uppermost part of the load line grid.
Sec. 69.177 Markings.
(a) Tonnage mark. (1) All vessels with a second deck that are
measured under the Dual Measurement System must have, on each side of
the vessel, a tonnage mark, and an inverted triangle identifying the
tonnage mark, as described and located under this section. (See the
figure in Sec. 69.183(a).) Vessels with only one deck are not assigned
markings under this section.
(2) The tonnage mark is a horizontal line 15 inches long and one
inch wide. The tonnage mark must be designated by a welded bead or other
permanent
[[Page 416]]
mark 15 inches long placed along the top edge of the tonnage mark.
(3) Above the tonnage mark is placed an inverted equilateral
triangle, each side of which is 12 inches long and one inch wide, with
its apex touching the upper edge of the center of the tonnage mark.
(4) If the vessel has a load line mark, the longitudinal location of
the center of the tonnage mark must be between 21 inches and six feet
six inches aft of the vertical centerline of the load line ring. (See
the figures in Sec. 69.183 (b) and (c).) If the vessel does not have a
load line mark, the center of the tonnage mark must be located
amidships.
(5) Except as under paragraph (a)(6) of this section, the upper edge
of the tonnage mark must be located below the line of the second deck at
the distance indicated in Table 69.177(a)(5). (See the figure in Sec.
69.183(b).)
Table 69.177(a)(5)--Minimum Distance in Inches Between the Tonnage Mark and the Line of the Second Deck
----------------------------------------------------------------------------------------------------------------
L divided by D
L (in feet) -----------------------------------------------------------------------
12 13 14 15 16 17 18 19 20
----------------------------------------------------------------------------------------------------------------
220 and under........................... 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0
230..................................... 3.2 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0
240..................................... 4.7 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0
250..................................... 6.3 3.3 2.0 2.0 2.0 2.0 2.0 2.0 2.0
260..................................... 8.0 4.8 2.1 2.0 2.0 2.0 2.0 2.0 2.0
270..................................... 9.9 6.4 3.5 2.0 2.0 2.0 2.0 2.0 2.0
280..................................... 11.8 8.1 4.9 2.1 2.0 2.0 2.0 2.0 2.0
290..................................... 13.9 9.9 6.5 3.5 2.0 2.0 2.0 2.0 2.0
300..................................... 16.0 11.7 8.1 4.9 2.1 2.0 2.0 2.0 2.0
310..................................... 18.3 13.7 9.8 6.4 3.5 2.0 2.0 2.0 2.0
320..................................... 20.7 15.8 11.7 8.1 4.9 2.1 2.0 2.0 2.0
330..................................... 23.2 18.0 13.6 9.8 6.4 3.5 2.0 2.0 2.0
340..................................... 25.9 20.4 15.7 11.6 8.1 4.9 2.1 2.0 2.0
350..................................... 28.7 22.9 17.9 13.6 9.8 6.5 3.6 2.0 2.0
360..................................... 31.7 25.5 20.2 15.7 11.7 8.2 5.0 2.2 2.0
370..................................... 34.7 28.3 22.7 17.9 13.6 9.9 6.6 3.7 2.0
380..................................... 38.0 31.1 25.3 20.2 15.7 11.8 8.3 5.2 2.4
390..................................... 41.3 34.1 27.9 22.6 17.9 13.8 10.1 6.8 3.8
400..................................... 44.8 37.2 30.7 25.0 20.1 15.8 11.9 8.4 5.3
410..................................... 48.2 40.3 33.5 27.7 22.6 18.1 14.0 10.4 7.2
420..................................... 51.5 43.4 36.4 30.4 25.2 20.6 16.4 12.7 9.7
430..................................... 54.8 46.5 39.4 33.3 27.9 23.2 19.0 15.2 11.8
440..................................... 58.4 49.9 42.6 36.4 30.9 26.0 21.7 17.8 14.4
450..................................... 62.1 53.4 46.0 39.6 33.9 29.0 24.6 20.6 17.1
460..................................... 65.9 57.0 49.5 42.9 37.1 32.1 27.6 23.5 19.9
470..................................... 69.8 60.7 53.0 46.3 40.4 35.2 30.6 26.5 22.8
480..................................... 73.7 64.4 56.5 49.7 43.7 38.4 33.7 29.5 25.7
490..................................... 77.5 68.1 60.0 53.0 46.9 41.5 36.7 32.4 28.5
500..................................... 81.2 71.6 63.4 56.2 50.0 44.5 39.6 35.2 31.2
510..................................... 84.9 75.1 66.7 59.4 53.0 47.4 42.4 37.9 33.9
520..................................... 88.4 78.4 69.9 62.4 55.9 50.2 45.1 40.5 36.4
530..................................... 91.8 81.6 72.9 65.3 58.7 52.9 47.7 43.0 38.8
540..................................... 95.2 84.8 75.9 68.1 61.4 55.5 50.2 45.4 41.2
550..................................... 98.4 87.8 78.8 70.9 64.0 58.0 52.6 47.8 43.4
560..................................... 101.6 90.8 81.6 73.6 66.6 60.5 55.0 50.1 45.6
570..................................... 104.8 93.8 84.4 76.3 69.2 62.9 57.3 52.3 47.8
580..................................... 107.9 96.8 87.2 78.9 71.7 65.3 59.6 54.5 49.9
590..................................... 111.0 99.7 90.0 81.5 74.2 67.7 61.9 56.7 52.0
600..................................... 114.0 102.5 92.6 84.0 76.5 69.9 64.0 58.8 54.0
610..................................... 117.0 105.3 95.2 86.5 78.9 72.1 66.2 60.8 56.0
620..................................... 120.0 108.0 97.8 88.9 81.2 74.4 68.3 62.8 58.0
630..................................... 122.9 110.7 100.4 91.3 83.5 76.6 70.4 64.8 59.9
640..................................... 125.7 113.4 102.9 93.7 85.8 78.7 72.4 66.8 61.7
650..................................... 128.6 116.1 105.4 96.1 88.0 80.8 74.4 68.7 63.6
660..................................... 131.4 118.7 107.8 98.3 90.1 82.8 76.3 70.6 65.3
670..................................... 134.2 121.2 110.2 100.6 92.2 84.8 78.3 72.4 67.1
680..................................... 136.9 123.8 112.8 102.9 94.3 86.8 80.2 74.2 68.9
690..................................... 139.6 126.3 115.0 105.1 96.4 88.8 82.1 76.0 70.6
700..................................... 142.3 128.8 117.3 107.3 98.5 90.8 83.9 77.8 72.3
710..................................... 144.9 131.3 119.6 109.4 100.5 92.7 85.7 79.5 73.9
720..................................... 147.5 133.7 121.8 111.5 102.5 94.6 87.5 81.2 75.5
730..................................... 150.1 136.1 124.0 113.6 104.5 96.5 89.3 82.9 77.1
740..................................... 152.7 138.5 126.2 115.7 106.5 98.3 91.5 84.5 78.7
[[Page 417]]
750..................................... 155.3 140.8 128.5 117.8 108.4 100.1 92,8 86.1 80.3
760..................................... 157.8 143.1 130.6 119.7 110.3 101.9 94.4 87.8 81.7
770..................................... 160.2 145.4 132.7 121.7 112.1 103.6 96.0 89.3 83.2
780..................................... 162.6 147.6 134.8 123.7 113.9 105.3 97.6 90.8 84.7
790..................................... 165.1 149.9 136.9 125.6 115.7 107.0 99.2 92.3 86.1
800..................................... 167.5 152.1 138.9 127.4 117.4 108.6 100.8 93.8 87.4
----------------------------------------------------------------------------------------------------------------
L=the length in feet of the line of the second deck at the centerline of the vessel from the inner surface of
the frames at the vessel's stem to the inner surface of the frames at the vessel's stern.
D=The vertical distance in feet from the top of the flat keel of the vessel to the line of the second deck.
EXAMPLE (1) For a vessel in which L=450 feet and L/D=15 feet, read down from the L/D column ``15'' and to the
right on the column ``450'' to where the two columns intersect at 39.6. The tonnage mark must be located 39.6
inches below the line of the second deck.
EXAMPLE (2) If L or L/D is an intermediate number, the distance ``a'' between the tonnage mark and the line of
the second deck must be obtained by linear interpolation. For a vessel in which L=424.80 feet and L/D=15.17:
------------------------------------------------------------------------
Table L/ Actual L/ Table L/
L D=15 D=15.17 D=16
------------------------------------------------------------------------
Table 420.............................. 30.4 ......... 25.2
Actual 424.80.......................... r a s
Table 430.............................. 33.3 ......... 27.9
------------------------------------------------------------------------
Interpolation:
r=30.4+0.48 (33.3-30.4)=31.79
s=25.2+0.48 (27.9-25.2)=26.50
a=r-0.17 (r-s)=31.79-0.17 (31.79-26.50)=30.89 inches
(6) For the following vessels with a load line mark, the upper edge
of the tonnage mark must be located at the level of the uppermost part
of the load line grid:
(i) Vessels assigned only one gross and one net tonnage under Sec.
69.175(c).
(ii) Vessels for which a load line assigning authority certifies
that the vessel's load line mark was located as though the second deck
were the freeboard deck.
(b) Line for fresh and tropical waters. (1) Except as under
paragraph (b)(4) of this section, a horizontal line for fresh and
tropical waters may be assigned at the vessel owner's request.
(2) The line must be nine inches long and one inch wide and located
above and to the left of the tonnage mark at a distance equal to one
forty-eighth of the distance from the top of the flat keel to the
tonnage mark. The tonnage mark and the line for fresh and tropical
waters must be connected by a vertical line one inch wide. (See the
figure in Sec. 69.183(a).)
(3) The line for fresh and tropical waters must be designated by a
welded bead or other permanent mark nine inches long placed along the
upper edge of the line.
(4) For vessels with a load line mark, if the load line assigning
authority certifies that the load line mark was located as though the
second deck were the freeboard deck, a line for fresh and tropical
waters must not be placed on the vessel.
(c) Freeboard deck mark. A vessel assigned two gross and two net
tonnages which has more than one deck and no load line mark assigned
must have a mark on each side of the vessel with the same dimensions and
location as the freeboard deck line mark under Sec. 42.13-20 of this
chapter, except that the mark must be located directly above the tonnage
mark.
(d) The line of the second deck. The line of the second deck must
not be marked on the side of the vessel.
(e) Color of markings. All markings under this section must be
maintained in either a light color on a dark background or a dark color
on a light background.
Sec. 69.179 Certification of markings.
(a) Before a certificate of measurement is issued for a vessel
requiring a tonnage mark, a certification by a measurement organization
under Sec. 69.15 that all markings meet the requirements of this
subpart is required.
(b) The Coast Guard, at any time, may verify markings under this
subpart.