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Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Proposed Rules Electronic;
Electronic certificate of title;
Foreign-documented vessel;
Good faith;
Hull damaged;
Lien creditor;
Office;
Owner of record;
Purchase;
Purchaser;
Record;
Secured party of record;
Sign;
State of principal operation; 14
Title brand;
Transfer of ownership;
Vessel number; and Written certificate of title.
Subpart D heading and section titles.
For clarification, we propose to revise the heading for subpart D from Guidelines for State Vessel Titling Systems to the more general State Vessel Titling Systems. We would also change the section titles in revised subpart D to better align with the section titles of UCOTAV.
Section 187.301. We propose to clarify this section by replacing the language that says the Coast Guard may certify a State vessel titling system if it complies with the requirements of the subpart with will certify. We propose this change because, if the States titling system meets the requirements of this regulation, the state has met the Coast Guards requirements. Thus, the Coast Guard will certify the States titling system, thereby fulfilling the requirements set forth in 46 U.S.C.
31322d1 for preferred mortgage status. The purpose of this regulation is for States to take advantages of sharing validated vessel information that meets the minimum requirements listed in regulations.
Section 187.302 new. We propose moving the list of terms States must define from 187.303 to this new section to keep the structure consistent with the rest of UCOTAV. The new 187.302a would incorporate the current requirement of 187.303 that States define listed terms substantially as they are defined in 187.7. The terms already listed in 187.7 would not be removed or substantively changed, but some definitions would be rephrased, and several new terms would be added as recommended by UCOTAV, section 2a, which includes a list of definitions for States to adopt directly. In addition, the new 187.302b would require States to define the terms listed in UCOTAV section 2b. These are 14 In UCOTAV, this term is State of principle sic use.

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general terms derived from the UCC, which all States have adopted, or adopted in modified form. Finally, we would add a new 187.302c, incorporating UCOTAV section 2c, stating that subpart D definitions do not apply to any State or Federal law governing licensing, numbering, or registration if the same term is used in that law.
Section 187.303. We would revise 187.303 to incorporate UCOTAV
section 3 applicability provisions. As described above, the current list of terms States must define would be moved to the new 187.302.
Section 187.304. We would retain this section, without change, but would rename it to better match the rest of the subpart.
Section 187.305. This section currently specifies requirements for title applications. We would move the material on this topic to the revised 187.307. The revised 187.305 would incorporate UCOTAV section 5, defining which States law governs vessels covered by title certificates.
Section 187.306 new. This new section would incorporate the UCOTA
V section 6 discussion of when a title certificate is and is not required.
Section 187.307. The revised 187.307 would incorporate UCOTAV
section 7 specifications for title application contents. Currently, this section mandates certain provisions that States must impose on vessel dealers and manufacturers. We would no longer require these dealeror manufacturerspecific conditions because they are covered by the UCOTAV provisions that we propose adopting.
Section 187.308 new. This new section would incorporate the UCOTA
V section 8 provisions for creating and canceling title certificates, with the exception of optional paragraph f, as detailed above in the discussion of UCOTAV section 8.
Section 187.309. Section 187.309
currently covers requirements for voluntary title transfers transfers other than by operation of law. Section 187.317 currently covers title certificate contents. Under our proposal, we would exchange these, so the revised 187.309
would cover title certificate contents an adaptation of UCOTAV section 9 and the revised 187.317 would cover requirements for voluntary title transfers an adaptation of UCOTAV section 17.
We propose this change to better align with the structure of UCOTAV.
Section 187.310 new. This new section would incorporate UCOTAV
section 10 title brand provisions. We would incorporate these provisions to deter title washing and protect buyers
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and others acquiring an interest in an undocumented vessel.
Section 187.311. This section currently requires new title certificates after vessel ownership transfers by operation of law. We propose moving this discussion to the new 187.320.
The revised 187.311 would incorporate UCOTAV section 11
requirements for maintenance of and access to State title certificate files.
Section 187.312 new. This new section would incorporate UCOTAV
section 12, concerning the duties of the State and title holder upon creation of a title certificate.
Section 187.313. This section currently requires a State to honor evidence of vessel ownership from another State, country, or the Coast Guard. Under this proposal, we would move this discussion to 187.328. The revised 187.313 would incorporate UCOTAV section 13, declaring the prima facie evidential value of title certificate contents.
Section 187.314 new. This new section would incorporate UCOTAV
section 14, concerning the possession of a title certificate and judicial process against a certificate.
Section 187.315. This section currently provides that a State title is invalidated when exchanged for a certificate of documentation. The revised 187.315 would incorporate UCOTAV section 15 provisions for perfecting vessel security interests, which is currently addressed in 187.323.
Section 187.316 new. This new section would incorporate UCOTAV
section 16, concerning the termination of a security interest in a vessel.
Currently, 187.327 requires States to establish their own termination procedures. We propose removing and reserving 187.327.
Section 187.317. To better align with UCOTAVs structure, we would exchange the provisions on the topics covered by 187.309 with the topics covered by 187.317, as discussed above at Section 187.309.
Section 187.318 new. This new section would incorporate UCOTAV
section 18, concerning the effect of missing or incorrect title certificate information.
Section 187.319. This section currently covers applying for replacement or redundant title certificates. We propose moving this topic to the new 187.322. The revised 187.319 would incorporate UCOTAV
section 19, concerning the transfer of a vessel ownership interest by a secured partys transfer statement.

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