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Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Proposed Rules
Written certificate of title means a certificate of title consisting of information inscribed on a tangible medium.
3. Revise subpart D, consisting of 187.301 through 187.325, to read as follows:
Subpart DState Vessel Titling Systems Sec.
187.301 Certification for preferred mortgage statusEligibility requirements.
187.302 Terms States must define.
187.303 Applicability.
187.304 Titling exclusively in one State.
187.305 Law governing vessel covered by certificate of title.
187.306 Certificate of title required.
187.307 Application for certificate of title.
187.308 Creation and cancellation of certificate of title.
187.309 Content of certificate of title.
187.310 Title brand.
187.311 Maintenance of and access to files.
187.312 Action required on creation of certificate of title.
187.313 Effect of certificate of title.
187.314 Effect of possession of certificate of title; judicial process.
187.315 Perfection of security interest.
187.316 Termination statement.
187.317 Transfer of ownership.
187.318 Effect of missing or incorrect information.
187.319 Transfer of ownership by secured partys transfer statement.
187.320 Transfer by operation of law.
187.321 Application for transfer of ownership or termination of security interest without certificate of title.
187.322 Replacement certificate of title.
187.323 Rights of purchaser other than secured party.
187.324 Rights of secured party.
187.325 Duties and operation of office.

Subpart DState Vessel Titling Systems 187.301 Certification for preferred mortgage statusEligibility requirements.

The Commandant, under 46 U.S.C.
31322d1A and 33 CFR 187.13, will certify a State whose vessel titling system meets the requirements of this subpart as eligible to have security interests that are perfected under its law deemed preferred mortgages under 46
U.S.C. 31322. The State must also comply with the VIS participation requirements of 33 CFR 187.11 and subpart C of this part and make vessel information it collects available to the VIS.
187.302

Terms States must define.

a A State must define the terms certificate of origin, dealer, documented vessel, issuing authority, manufacturer, owner, person, secured party, security interest, titling authority, and vessel substantially as defined in 33
CFR 187.7.

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b In addition to the definitions in 33
CFR 187.7, a State must also define the following terms as prescribed by State law related to security interests in goods:
1 Agreement;
2 Buyer in ordinary course of business;
3 Conspicuous;
4 Consumer goods;
5 Debtor;
6 Knowledge;
7 Lease;
8 Lessor;
9 Notice;
10 Representative;
11 Sale;
12 Security agreement;
13 Seller;
14 Send; and 15 Value.
c The definitions in 33 CFR 187.7
and paragraph b of this section do not apply to any State or Federal law governing licensing, numbering, or registration if the same term is used in that law.
187.303

Applicability.

Subject to a savings clause provided under state law, this subpart applies to any transaction, certificate of title, or record relating to a vessel, even if the transaction, certificate of title, or record was entered into or created before the effective date of the state law.
187.304

Titling exclusively in one State.

A State must require that all vessels required to be numbered in the State under 46 U.S.C. Chapter 123 be titled only in that State, if that State issues titles to that class of vessels.
187.305 Law governing vessel covered by certificate of title.

a The local law of the State under whose certificate of title a vessel is covered governs all issues relating to the certificate from the time the vessel becomes covered by the certificate until the vessel becomes covered by another certificate or becomes a documented vessel, even if no other relationship exists between the State and the vessel or its owner.
b A vessel becomes covered by a certificate of title when an application for the certificate and the applicable fee are delivered to the office in accordance with this subpart or to the governmental agency that creates a certificate in another jurisdiction in accordance with the law of that jurisdiction.
187.306

Certificate of title required.

a Except as otherwise provided in paragraphs b and c of this section, the owner of a vessel must deliver to the office of the State in which the vessel is
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principally used an application for a certificate of title for the vessel, with the applicable fee, not later than 20 days after the later of 1 The date of a transfer of ownership; or 2 The date the State becomes the State of principal use.
b An application for a certificate of title is not required for 1 A documented vessel;
2 A foreign-documented vessel;
3 A barge;
4 A vessel before delivery if the vessel is under construction or completed pursuant to contract; or 5 A vessel held by a dealer for sale or lease.
c The office may not issue, transfer, or renew a certificate of number for a vessel issued pursuant to 46 U.S.C.
12301 unless it has created a certificate of title for the vessel or an application for a certificate for the vessel and the applicable fee have been delivered to the office.
187.307

Application for certificate of title.

a Except as otherwise provided in 187.310, 187.315, 187.319, 187.320, 187.321, and 187.322, only an owner may apply for a certificate of title.
b An application for a certificate of title must be signed by the applicant and contain 1 The applicants name, the street address of the applicants principal residence, and, if different, the applicants mailing address;
2 The name and mailing address of each other owner of the vessel;
3 The social security number or taxpayer identification number of each owner;
4 The hull identification number HIN for the vessel or, if none, an application for the issuance of a HIN for the vessel;
5 The vessel number for the vessel or, if none issued by the office, an application for a vessel number;
6 A description of the vessel as required by the office, which must include i The official number for the vessel, if any, assigned by the Coast Guard;
ii The name of the manufacturer, builder, or maker;
iii The model year or the year in which the manufacture or build of the vessel was completed;
iv The overall length of the vessel;
v The vessel type, as described in 33
CFR 174.19;
vi The hull material, as described in 33 CFR 174.19;
vii The propulsion type, as described in 33 CFR 174.19;
viii The engine drive type, as described in 33 CFR 174.19, if any; and
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