Read the COI. It should have a paragraph that tells everyone what type, construction the vessel is.
I would be willing to bet it is listed as a ‘dual mode’ ITB. Even though it is incapable of operating out of the ITB framework, this is part of the ‘loophole’ that these ITB’s operate under.
Sorta 'tupid if you ask me!
Your CFR only applies to Dual Mode ITBs. The previous 3 paragraphs do NOT mention any other type of ITB. You may have to argue the point, that your ITB is NOT a “Dual Mode” ITB and back it up with creditable info. But I am sure you will need to go the extra mile to prove your case. This is one problem when dealing with NMC from afar, versus dealing with your local REC. But hey… aiin’t progress grand?!