---
kind: "section"
citation: "46 C.F.R. § 67.145"
title: "46"
number: "67.145"
heading: "Restrictions on exchange; requirement and procedure for mortgagee consent."
url: "https://uscodex.org/cfr/46/67.145"
---

# §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](/cfr/46/subpartQ.md) of this part or predecessor regulations, may not be exchanged for a cause arising under [§§ 67.167(b)](/cfr/46/67.167.md?p=b) (1) through (5) or 67.167(c) (1) through (8) without the consent of the mortgagee, except as provided in [paragraph (b)](#b) of this section.
- (b) The provisions of [paragraph (a)](#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)](#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.

## Notes

### Amendments

[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]

### Authority

Authority: 14 U.S.C. 664; 31 U.S.C. 9701; 42 U.S.C. 9118; 46 U.S.C. 2103, 2104, 2107, 12102, 12103, 12104, 12105, 12106, 12113, 12133, 12139; DHS Delegation 00170.1, Revision No. 01.4.

### Source

Source: CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, unless otherwise noted.

### Amendments

[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]