Title 46
SECTION 68.105
68.105 Eligibility of a vessel for a coastwise endorsement under this subpart.
§ 68.105 Eligibility of a vessel for a coastwise endorsement under this subpart.(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 § 67.19(c) of this chapter, has not lost coastwise eligibility under § 67.19(d) of this chapter, 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.
(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 § 67.19 of this chapter and 46 U.S.C. 12106(e) before August 9, 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 § 67.167(b)(1) through (b)(3) of this chapter;
(2) Deletion under § 67.171(a)(1) through (a)(6) of this chapter; or
(3) Cancellation under § 67.173 of this chapter.
(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 § 67.19 of this chapter 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 § 67.167(b)(1) through (b)(3) of this chapter;
(2) Deletion under § 67.171(a)(1) through (a)(6) of this chapter; or
(3) Cancellation under § 67.173 of this chapter.
(d) A barge deemed eligible under 46 U.S.C. 12106(e) and 12110(b) to operate in coastwise trade before August 9, 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 part 67, subpart C, of this chapter; 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
(6) The barge ceases to be capable of transportation by water.