I am trying to obtain a small passenger vessel in the US in the 28 to 30 ft range . Shallow draft and outboard or diesel propulsion. Coast Guard certified for 10 plus passengers ....The boat will be used for private tours
Hummm, Florida seems to default to US law for small passenger vessels...it is very hard to find anything from their websites...but googling "undocumented passenger vessel florida" brings up lots of FWC/USCG busts for not having documented operators. Here is the only thing I could find from an internet search...note that the county/city may also have a say...
Transportation: Air, Rail and Water – Open MyFlorida Business http://openmyfloridabusiness.gov/business/48/transportation-air-rail-and-water/
As you know, an undocumented/uninspected passenger vessel under 100 tons is limited to 6 "passengers for hire" max and requires a documented operator if operating in federal waters (CFR 46 Subchapter C). So if you want more than that, you are in to Subchapter T like Gonzo said and for that, as you have alluded to, it might be best to have it built from the keel up so the build inspections and documentation can be done easily. (see 46 CFR section 170.402 at
https://www.law.cornell.edu/cfr/text/46/176.402 ) Trying to put together a documentation package after the fact is a real issue.
Requirements about whether someone doing boat design needs to be a licensed naval architect vary significantly from state to state in US. In Maine for example many of the boat designers are not licensed naval architects. My understanding is the situation is very different in Washington State.
In the USA anyone can design a boat. The burden to make it comply with regulations is on the owner and/or operator unless there is a contract stating otherwise.
So, if the designer doesn't deal with those things, what does designing a boat consist of?
While in WA state you are required to have a professional license to offer services "for hire" as a Naval Architect, nothing requires that a licensed Naval Architect be used to design a boat built in the state. Realistically, anyone can design and build a boat or ship in the US. The "design" of a vessel is just making sure the physics is met, so anyone could be a "designer". And if that vessel is built for personal or "public" (i.e. state or federal) use, it doesn't even have to meet any federal requirements save pollution requirements (setting aside the USCG's "manifestly unsafe voyage" trump card). The issues come when the vessel is offered for sale or hire to the general public. In these cases, because of the interstate commerce clause (U.S. Constitution, Article I, Section 8), the federal government, through the USCG, has taken the authority to regulate the safety of the general public. But just because there are federal regulations doesn't mean that you need a licensed Naval Architect, though it can make it easier (or not, depending on their experience). Anyone can go through the regulations and ensure that the requirements are met, the documentation is developed and maintained, and the appropriate inspections and approvals are gathered.