[Federal Register Volume 72, Number 16 (Thursday, January 25, 2007)]
[Proposed Rules]
[Pages 3605-3695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-18]
Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 /
Proposed Rules
[[Page 3605]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 1, 20, 70, 95, 101, 110, 141, 155, 156, 160, 162, 163,
164, and 165
46 CFR Parts 1, 4, 5, 10, 11, 12, 13, 14, 15, 16, 26, 28, 30, 31,
35, 42, 58, 61, 78, 97, 98, 105, 114, 115, 122, 125, 131, 151, 166,
169, 175, 176, 185, 196, 199, 401 and 402
Docket No. USCG-2006-24371
RIN 1625-AB02
Consolidation of Merchant Mariner Qualification Credentials
AGENCY: United States Coast Guard, DHS.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: The Coast Guard issues this Supplemental Notice of Proposed
Rulemaking (SNPRM) for the Consolidation of Merchant Mariner
Qualification Credentials rulemaking project to amend its Notice of
Proposed Rulemaking (NPRM) published in May 2006. The purpose of this
SNPRM is to address comments received from the public on the NPRM,
revise the proposed rule based on those comments, and provide the
public with an additional opportunity to comment on the proposed
revisions. This revised proposed rule would work in tandem with the
joint final rule published by the Coast Guard and the Transportation
Security Administration (TSA) published elsewhere in today's Federal
Register entitled ``Transportation Worker Identification Credential
(TWIC) Implementation in the Maritime Sector; Hazardous Materials
Endorsement for a Commercial Driver's License''.
DATES: Comments and related material must reach the Docket Management
Facility on or before April 25, 2007.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2006-24371 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Web Site: http://dms.dot.gov.
(2) Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street SW., Room PL-401, Washington, DC
20590-0001.
(3) Fax: 202-493-2251.
(4) Delivery: Room PL-401 on the Plaza level of the Nassif
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
(5) Federal eRulemaking Portal: http://www.regulations.gov.
See SUPPLEMENTARY INFORMATION for format and other information
about comment submissions.
FOR FURTHER INFORMATION CONTACT: For questions concerning this proposed
rule, call Mr. Luke Harden (G-PSO-1), United States Coast Guard, 2100
Second Street, SW., Washington, DC 20593; telephone 1-877-687-2243.
For questions concerning viewing or submitting material to the
docket, call Renee V. Wright, Program Manager, Docket Management
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh
Street SW., Washington, DC 20590-0001; telephone (202) 493-0402.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Participation and Request for Comments
II. Background and Purpose
III. Discussion of the Proposed Rulemaking
IV. Quick Summary of Differences Between this SNPRM and the Current
Regulations
V. Discussion of Comments and Changes
A. Comments From the Docket or Public Meetings
1. Comments Regarding TWIC
2. General Objections to the Rulemaking
3. Course of the Rulemaking
4. Appeals
5. Applicability
6. Application Process
7. Authority
8. Burden
9. Citizenship
10. Concurrent Processing of Applications
11. Continuity Licenses
12. Definitions
13. Editing
14. Expiration dates
15. Format of the MMC
16. General
17. International Agreements
18. Information Sharing
19. Interim Credentials
20. Invalid Credentials
21. License Creep
22. Loss of License as Separate Credential
23. Medical
24. National Driver Register
25. Port Access
26. Posting
27. Preemption
28. Personal Privacy
29. Public Meetings
30. Regulatory Requirements
31. Renewals and Duplicates
32. Suspension and Revocation
33. Safety and Suitability
34. Miscellaneous Comments Outside the Scope of this Rulemaking
35. Support for the Rulemaking
36. Travel
37. Vetting
B. Recommendations from Advisory Committees
1. MERPAC strongly recommends that TSA remove mariners from the
TWIC project.
2. Given the size, complexity, and impact of these three
rulemaking proposals; MERPAC recommends an extension of the comment
period for at least another ninety days.
3. MERPAC recommends that the Coast Guard delay implementation
of the MMC, separating the implementation of the MMC from the TWIC
implementation.
4. MERPAC believes that this rulemaking exceeds the authority of
the Coast Guard to create a consolidated credential.
5. Page 29464 states that there are no changes to the
qualifications, experience, examinations, classes and other
requirements needed, and that this is just a reorganization of
existing regulations.
6. The Coast Guard needs to protect a mariner's financial
information by removing the requirement to place the applicants
Social Security Number on the face of the form of payment.
7. MERPAC suggests the removal of the language in section
10.211(e).
8. Section 10.217 allows the Coast Guard to designate other
Coast Guard locations to provide service to applicants for MMCs, and
MERPAC applauds this addition.
9. Section 10.225 states that mariners must surrender their old
MMC, but 10.227 states that the mariner can retain an expired
document.
10. MERPAC recommends that the Coast Guard create an MMC that is
convenient for the mariner.
11. MERPAC recommends that the Coast Guard begin a new
rulemaking that would harmonize the criminal background checks with
TSA standards.
12. MERPAC recommends that Coast Guard remove the self-
disclosure portion of the application process.
13. MERPAC has concerns about the appeal process, and encourages
the agencies to further define and explain this process.
14. MERPAC recommends that Coast Guard redesign the rulemaking
to assure that mariners can make application for their TWIC and
their MMC simultaneously.
15. MERPAC recommends that the Coast Guard and TSA develop an
interim clearance process be provided to a mariner, and that
mariners be allowed to train and work, while awaiting a final
determination.
C. Additional Changes Made in this SNPRM
1. Purpose of rules in this part. (10.101)
2. Definitions in Subchapter B. (10.107)
3. General characteristics of the Merchant Mariner Credential.
(10.201)
4. Requirement to hold a TWIC and a Merchant Mariner Credential.
(10.203)
5. Validity of a Merchant Mariner Credential. (10.205)
6. General application procedures. (10.209)
7. Criminal record review. (10.211)
8. Medical and physical requirements. (10.215)
[[Page 3606]]
9. MMC application and examination locations. (10.217)
10. Fees. (10.219)
11. Citizenship. (10.221)
12. Modification or removal of limitations or scope (10.223)
13. Requirements for originals. (10.225)
14. Requirements for renewal. (10.227)
15. Requirements for raises of grade or new endorsements.
(10.231)
16. Obligations of the holder of a Merchant Mariner Credential.
(10.233)
17. Suspension or revocation of Merchant Mariner Credentials.
(10.235)
18. Right of appeal. (10.237)
19. Quick reference table for MMC requirements. (10.239)
20. Application process
21. Amendatory Instructions
22. Eligibility for officer endorsements, general. (11.201)
23. Identification Credentials for Persons Requiring Access to
Waterfront Facilities or Vessels. (33 CFR part 125)
24. Amendments from the TWIC Final Rule. (10.113, 12.01-11 and
15.415)
25. Other Corrections Outside 46 CFR part 10
VI. Regulatory Evaluation
A. Executive Order 12866 (Regulatory Planning and Review)
B. Regulatory Flexibility Act
C. Assistance for Small Entities
D. Collection of Information
E. Executive Order 13132 (Federalism)
F. Unfunded Mandates Reform Act
G. Executive Order 12630 (Taking of Private Property)
H. Executive Order 12988 (Civil Justice Reform)
I. Executive Order 13045 (Protection of Children)
J. Executive Order 13175 (Indian Tribal Governments)
K. Executive Order 13211 (Energy Effects)
L. Technical Standards
M. National Environmental Policy Act
I. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://dms.dot.gov and will include any personal
information you have provided. We have an agreement with the Department
of Transportation (DOT) to use the Docket Management Facility. Please
see DOT's ``Privacy Act'' paragraph below.
Submitting comments: If you submit a comment, please include your
name and address, identify the docket number for this rulemaking (USCG-
2006-24371), indicate the specific section of this document to which
each comment applies, and give the reason for each comment. You may
submit your comments and material by electronic means, mail, fax, or
delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material only once. If
you submit them by mail or delivery, submit them in an unbound format,
no larger than 8\1/2\ inches by 11 inches, suitable for copying and
electronic filing. If you submit them by mail and would like the Coast
Guard to acknowledge receipt, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. We may change this proposed rule in
view of them.
Viewing comments and documents: To view comments, as well as
documents mentioned in this preamble as being available in the docket,
go to http://dms.dot.gov at any time, click on ``Simple Search,'' enter
the last five digits of the docket number for this rulemaking [24371],
and click on ``Search.'' You may also visit the Docket Management
Facility in Room PL-401 on the Plaza level of the Nassif Building, 400
Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Privacy Act: Anyone can search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
Department of Transportation's Privacy Act Statement published in the
Federal Register on April 11, 2000 (65 FR 19477), or you may visit
http://dms.dot.gov.
II. Background and Purpose
On May 22, 2006, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) in the Federal Register titled ``Consolidation of
Merchant Mariner Qualification Credentials.'' (71 FR 29462). The NPRM
included a 45-day comment period, and announced four public meetings
that were held in Newark, NJ, Tampa, FL, St. Louis, MO, and Long Beach,
CA.
During the comment period for the NPRM, the Coast Guard received
over 100 requests, both in writing in the docket for this rulemaking
and in person at the public meetings, for additional time to comment.
These requests came from individuals, large and small businesses,
industry organizations, and members of Congress. Among other things,
these comments stated that the 45 day comment period did not provide
enough time to comment on the NPRM or on the accompanying
Transportation Worker Identification Credential (TWIC) Implementation
in the Maritime Sector; Hazardous Materials Endorsement for a
Commercial Driver's License rule (``TWIC rule'') NPRM published the
same day (71 FR 29395). Concerns were raised that the 45 day public
review period prevented a thorough analysis of the proposed
rulemakings.
After considering these requests, the Coast Guard chose not to
extend the comment period on the NPRM, but instead to publish this
Supplementary Notice of Proposed Rulemaking (SNPRM). This SNPRM should
provide the public with more opportunity to participate in the
rulemaking process than would have been provided by an extension of the
comment period for the NPRM. This SNPRM addresses those substantive
comments received during the NPRM comment period, proposes changes to
the regulatory text as a result of those comments, solicits additional
input on key points of interest, and most importantly, provides an
additional opportunity for the public to comment on these proposed
regulatory changes.
Public comment is sought on all proposed regulatory changes, not
just those that are newly introduced in this SNPRM. The changes that
were proposed in the NPRM were discussed in that document and are not
discussed again in the preamble to this SNPRM. The regulatory text at
the end of this document reflects the combination of the changes
proposed in the NPRM as well as those changes that were made to the
NPRM as a result of public comments and additional Coast Guard review.
The Coast Guard seeks public comment on the regulatory text provided in
this SNPRM, not the text provided in the NPRM. The preamble of the NPRM
should be referenced as an aid, however, because it discusses changes
that may not have been altered between the NPRM and SNPRM, and it is a
useful tool to locate where proposed text originated in our current
regulations. Because of the large number of amendatory instructions and
numerous changes made to the proposed regulations since the NPRM, to
further aid the public's review of this SNPRM, a redline version of the
rule text, showing all changes to the text from the NPRM to the SNPRM,
is available in the public docket for this rulemaking.
III. Discussion of the Proposed Rulemaking
This rulemaking was precipitated by the promulgation of the
Maritime Transportation Security Act (MTSA), which included a
requirement in 46 U.S.C. 70105 that the Secretary of the Department of
Homeland Security issue a biometric transportation security card to,
among others, every ``individual issued a license, certificate of
registry,
[[Page 3607]]
or merchant mariners document under part E of subtitle II of this
title''. The Secretary designated the TWIC as this biometric security
card, and tasked the Transportation Security Administration (TSA) to
promulgate regulations implementing TWIC. Similarly, on October 13,
2006, the Security and Accountability for Every Port Act of 2006 (SAFE
Port Act) (Pub.L. 109-347) was enacted. Among other things, the SAFE
Port Act mandates concurrent processing of a mariner's TWIC and MMD by
TSA and the Coast Guard. This mandate was not created for license
applicants, however the Coast Guard has voluntarily extended concurrent
processing to licenses as well, as discussed below.
TSA, with support from the Coast Guard, published a joint final
rule for the TWIC regulatory project elsewhere in today's Federal
Register. That final rule sets out the application requirements and
implementation schedule for the TWIC. TSA will soon begin issuing the
TWIC and will enroll port and vessel employees over a period of 18
months in over 125 TWIC enrollment centers.
All credentialed merchant mariners are required by 46 U.S.C. 70105
and the TWIC rule to apply for and obtain a TWIC. To apply for a TWIC,
a mariner must appear in person at a TWIC enrollment center to be
fingerprinted, photographed and show proof of identification. The new
TWIC application requirements are duplicative for mariners. Currently,
all mariners applying for a merchant mariner's document (MMD), merchant
mariner's license (license) and/or certificate of registry (COR) must
appear in person at a Coast Guard Regional Examination Center (REC) to
be fingerprinted by and show proof of identification to an REC
employee. The appearance requirement in the TWIC rule is less
burdensome on mariners, however, because there will be over 125 TWIC
enrollment centers vice the 17 RECs. This rule proposes to remove the
requirement that mariners appear at an REC. As proposed in this SNPRM,
once a mariner appears in person to apply for their TWIC, they can
complete their entire MMC application process by mail unless an
examination is required. Also, since TSA will be verifying the identity
of and conducting a security threat assessment for all TWIC applicants,
this rulemaking also proposes to remove the Coast Guard security and
identity vetting requirements for mariners. This proposed rulemaking
would remove those application requirements made duplicative by the
TWIC rule.
The creation of the TWIC requirement increases the number of
credentials that a mariner may be required to carry to five. To
streamline the process and lessen the number of credentials that a
mariner must carry, this rulemaking proposes to consolidate the
license, MMD, COR and STCW endorsement into one credential, called the
Merchant Mariner Credential (MMC). The MMC would be issued to every
qualified mariner and would contain the mariner's photograph and other
identity information currently shown on the MMD as well as endorsements
reflecting the individual's particular job qualifications. The
mariner's job qualifications would appear in the form of endorsements
on the MMC. Endorsements currently associated with a License or COR
would be referred to as officer endorsements, those currently provided
on the MMD would be referred to as rating endorsements, and those
currently appearing on the STCW endorsement would continue to be
referred to as STCW endorsements. A full list of the available
endorsements is provided in proposed 46 CFR 10.109. If this rulemaking
goes into effect, mariners would hold two separate, but linked
credentials: a TWIC as the MTSA-required biometric security card, and
the MMC as the consolidated qualification credential for merchant
mariners.
To consolidate the merchant mariner qualification documents into
one, it is necessary to consolidate the Coast Guard's application and
procedural regulatory requirements for MMDs, licenses, CORs and STCW
endorsements that are currently contained in 46 CFR parts 10 and 12. As
proposed in this rulemaking, part 10 would contain only those
application and procedural requirements necessary to obtain the MMC for
all applicants. Those requirements for licenses, that are currently in
part 10 but are not directly applicable to all credential applicants,
have been moved to create a new part 11. Part 12 would continue to hold
only those requirements exclusive to ratings that do not directly apply
to the procedures for application.
In this proposed rulemaking, although there are a large number of
terminology changes proposed throughout titles 33 and 46 CFR, almost
all of the proposed substantive changes were made in part 10. The large
number of changes outside part 10 contain mostly editorial changes,
removing references to the terms ``license'', ``MMD'', ``COR'',
``certificate'', ``document'', etc that would no longer be appropriate,
and replacing them with the terms ``MMC'', ``credential'',
``endorsement'', ``officer endorsement'', ``rating endorsement'', etc.
as appropriate.
Throughout this rulemaking, where possible, existing regulatory
language was retained to minimize changes to the qualifications,
experience, examinations, classes and other requirements needed to
serve as a merchant mariner. At times, however, it was necessary to
make substantive changes to the regulatory text in order to consolidate
the application requirements for ratings and officers, or to simplify
the application process.
The regulatory changes proposed in this SNPRM are intended to serve
as a benefit to merchant mariners. This rulemaking is intended to take
advantage of the TWIC requirement, and use it to reduce the travel
burden on mariners and consolidate the credentialing process. It is not
only expected to reduce the financial burden on mariners by removing
the requirement that they travel to one of 17 Coast Guard RECs, but
also improve clarity, reduce the processing time currently creating
backlogs at the RECs, and reduce the number of fees paid to the Coast
Guard by mariners.
If the regulatory changes proposed in this SNPRM are made final, it
is not expected that they would become effective until approximately
August, 2008. The delay in effectiveness coincides with the TWIC roll
out schedule and is necessary to allow all mariners to obtain a TWIC
before it is a prerequisite for the MMC. In addition, it allows for the
construction and testing of the system that would transmit all
applicants' personal data from TSA to the Coast Guard.
IV. Quick Summary of Differences Between This SNPRM and the Coast
Guard's Current Regulations
This list is not intended to include every proposed change to the
regulations, but provides a quick reference summary of some of the most
important changes proposed.
General
Creates the merchant mariner credential (MMC), which would
contain the elements of the MMD, license, COR and STCW endorsement,
reducing the total number of credentials a mariner could be required to
hold to two: The MMC and the TWIC.
Phases in the MMC over a period of five years to begin
approximately August 2008.
Transfers the security and identity vetting portion of the
merchant mariner credentialing process entirely to TSA.
[[Page 3608]]
Provides a complete list of officer, rating and STCW
endorsements that a mariner could have on their MMC.
Reorganizes 46 CFR parts 10 and 12, and adds a new part
11.
Combines the definitions for Subpart B in part 10, with
the exception of those in part 16.
Makes non-substantive, linguistic changes throughout
titles 33 and 46 of the CFR to reflect the new MMC, endorsements, and
TWIC.
Fees
Reduces the number of $45 issuance fees a mariner would
have to pay.
Includes a credit card as an acceptable method of payment.
Removes the requirement that a full social security number
be written on the face of all checks and money orders.
Application Process
Requires an applicant to apply for a TWIC before they can
apply for an MMC, but the applications may be processed simultaneously.
Requires that an applicant must hold a TWIC before an MMC
will be issued.
Provides that an applicant's fingerprints, photograph,
proof of citizenship and, if applicable, FBI number, criminal record,
and/or proof of legal resident alien status will be received by the
Coast Guard from TSA, not directly from the applicant.
Travel
Removes the requirement for mariners to appear in person
at a Coast Guard REC to be fingerprinted by, and show proof of
identification to, an REC employee.
Allows mariners to apply for an MMC entirely by mail
unless an examination is required.
Allows oaths to be taken by a notary and submitted by
mail.
Creates the ability for the Coast Guard to designate other
facilities, in addition to RECs, to provide MMC services to applicants.
Citizenship
Revises the regulations to clearly state that cadets at
the United States Merchant Marine Academy are allowed to receive MMCs
regardless of citizenship or alien status. This is a statutory
requirement and is currently done under our regulations, but is not
expressly stated.
Criminal Record Review
Removes the criminal record review requirement for
duplicates.
Changes the Coast Guard criminal record review to remove
crimes against national security.
Medical and Physical Requirements
Resolves contradictory requirements for those who may
currently perform exams for MMDs and licenses, and adds licensed nurse
practitioners to the list of those who may perform, witness or review
mariner tests, exams or demonstrations.
Restates the requirement that pilots and those serving as
pilots submit their annual physical to the Coast Guard, previously
implemented through a Federal Register Notice.
Restates the requirement that pilots and those serving as
pilots submit their annual chemical test for dangerous drugs to the
Coast Guard, previously implemented through a Federal Register notice.
Clarifies the requirements for demonstrations of physical
ability.
Clarifies the STCW physical requirements for those
mariners who would serve on vessels to which STCW applies.
Requires hearing tests when the medical practitioner
conducting the general medical exam has concerns that an applicant's
ability to hear may impact maritime safety.
Adds specifics about the hearing tests to provide
information for medical professionals and applicants.
Requires a demonstration of physical ability if the
medical practitioner conducting the general medical exam is concerned
that an applicant's physical ability may impact maritime safety, or if
the mariner must pass a demonstration of physical ability but not a
general medical exam.
Specifies that if a state license issued to a medical
doctor or professional nurse contains limitations, any staff officer
endorsement issued will reflect the same limitation.
Expiration Dates
Consolidates all expiration dates into one so that
mariners do not have multiple qualification credentials or endorsements
expiring on multiple days. (However, the TWIC and MMC expiration dates
need not match.)
Memorabilia
Requires mariners to return MMCs to the Coast Guard upon
expiration, issuance of a duplicate and issuance of a renewal, but if
the mariner submits a written request with their credential, the Coast
Guard will return the cancelled MMC to the mariner.
Duplicates
Requires proof that a mariner holds a valid TWIC before a
duplicate MMC will be issued.
Provides that during the five year phase in of the MMC, if
a mariner requests a duplicate of their MMD, COR, STCW endorsement or
license, the duplicate will be issued in the form of an MMC.
Renewal
Removes the 1 year limitation on renewals.
Introduces the Document of Continuity to replace the
continuity endorsement placed on a license or MMD. The Document of
Continuity would have no expiration date or fee unlike the current
continuity endorsement.
Suspension, Revocation, and Appeal
Includes failure to hold a TWIC as a basis for suspension
and revocation of a mariner's MMC, MMD, license, COR and/or STCW
endorsement.
States that a mariner who has either been denied issuance
of a TWIC or whose TWIC has been revoked by TSA will be deemed by the
Coast Guard to be a security risk.
Advises that the Coast Guard will not review TSA decisions
to deny or revoke a TWIC.
V. Discussion of Comments and Changes
As discussed above, the Coast Guard conducted four public meetings
for this rulemaking. We also received over 200 documents in the written
docket. The Towing Safety Advisory Committee (TSAC) and the Merchant
Marine Personnel Advisory Committee (MERPAC) were also asked to provide
recommendations to the Coast Guard on the NPRM (USCG-2006-24371). This
section addresses those comments and recommendations received.
A. Comments From the Docket or Public Meetings
The following comments were either submitted in writing to the
docket for the MMC NPRM or orally at one of the four public meetings.
All written comments received and transcripts from the public meetings
are available for inspection in the public docket for this rulemaking.
1. Comments Regarding TWIC
We received numerous comments to the docket regarding the TWIC.
Because this rulemaking project has its own docket number (USCG-2006-
24371) and the TWIC rulemaking project has two dockets, one for the
Coast Guard
[[Page 3609]]
portion (USCG-2006-24196) and one for the TSA portion (TSA-2006-24191),
there were three dockets in which the public could comment. Most
commenters submitted their comments to both rulemaking projects in one
document, submitted to all three dockets. Comments regarding the TWIC
rulemaking are inappropriate for discussion in this rulemaking. They
are not addressed in this SNPRM, but are addressed in the TWIC final
rule.
2. General Objection to the Rulemaking
We received six comments generally objecting to the NPRM that did
not provide enough specificity for individual response. We do not agree
with these comments, and are proceeding with this SNPRM.
3. Course of the Rulemaking
We received one comment recommending that the Coast Guard proceed
with an Interim Rule rather than a Final Rule, two comments
recommending that we go forward with a SNPRM and four comments
requesting that the Coast Guard withdraw the rulemaking and propose an
alternative.
We agree with the two comments that sought an SNPRM, and as
previously discussed, this SNPRM provides a 90 day comment period to
allow for public comment on our revised proposed rule. An Interim Rule
would be inappropriate at this time as Interim Rules would not allow us
to take into account the comments received by the public before
becoming effective and they typically become effective upon
publication, or soon thereafter. This SNPRM proposes that these
regulatory changes not go into effect until approximately August 2008.
This delay will allow the Coast Guard to accept and apply additional
public comments before the proposed regulations go into effect as well
as provide all mariners ample time to obtain TWICs before making the
TWIC mandatory for issuance of the MMC. As for withdrawing the
rulemaking, the Coast Guard believes that this rulemaking is beneficial
and is opposed to withdrawal.
4. Appeals
We received seven comments either requesting a clarification of the
appeal process for TWICs and MMCs, or requesting that an appeal process
be created. We also received 12 comments asking that an Administrative
Law Judge review the appeals on rejection of the TWIC, and/or
expressing displeasure over the automatic loss of the MMC if a
mariner's TWIC is revoked.
An individual who is denied a TWIC should not be working as a
credentialed merchant mariner. According to the language of 46 U.S.C.
70105, a TWIC will be issued to an individual unless that individual
poses a security risk. 46 U.S.C. 7703 and 7702, which provide for the
suspension or revocation of mariner credentials, state that a mariner's
credential may be suspended or revoked if the holder is a security risk
who poses a threat to the safety or security of a vessel or to a public
or commercial structure located within or adjacent to the marine
environment. Allowing the Coast Guard to suspend or revoke a mariner's
MMC or other credential for failure to hold a valid TWIC, is therefore,
necessary and appropriate. The Coast Guard has determined, however,
that automatically invalidating a mariner's credential upon
notification from TSA that a mariner's TWIC has been revoked, or that
their application has been denied, without a hearing, is improper. The
language of 46 CFR 10.203(b) has been changed to remove the automatic
invalidation.
If an MMC is issued, unless the situation calls for temporary
suspension under 46 U.S.C. 7702, or the circumstances call for
suspension and revocation for a reason other than security, the Coast
Guard would not begin suspension and revocation proceedings until we
were notified that the applicant had fully exhausted his or her TSA
appeal rights. If the Coast Guard is notified by TSA that final agency
action has occurred and a mariner has either been denied a TWIC or
their TWIC has been revoked, the Coast Guard would begin suspension and
revocation action against the individual's MMC. The suspension and
revocation procedures for the MMC would remain the same as those
presently used. The Coast Guard will not review a TSA decision
regarding the issuance or revocation of a TWIC. Decisions regarding the
issuance and revocation of TWICs are solely the responsibility of TSA.
The Coast Guard does not have the authority to review, in any way, TSA
decisions with respect to the issuance or revocation of TWICs. Language
to this effect has been added to the proposed regulations in this SNPRM
at 46 CFR 10.235(g) and 10.237(c).
The appeal processes for the MMC would remain the same as those
presently used; the right of appeal for an applicant receiving an
unfavorable decision during the application process remains in 46 CFR
1.03. The right of appeal associated with suspension and revocation
remains as stated in 46 CFR 5.701. The proposed regulations have
retained the paper appeal process for the Coast Guard's refusal to
issue an MMC. Similarly, if a mariner is issued a license or document,
he or she would be a ``holder'' of that license or document, and would
be given a hearing before an Administrative Law Judge (ALJ) before
adverse action, such as suspension and revocation, would be taken
against that credential.
All appeals regarding the issuance or revocation of TWICs would be
handled by TSA under the TWIC appeal process. That process involves a
paper appeal for all denials, and the use of an ALJ for appeals of
waiver decisions. For more information on the TWIC appeal process,
please see the TWIC Final Rule published elsewhere in today's Federal
Register.
5. Applicability
We received six comments opposing the proposed regulatory
requirement that all merchant mariners hold a TWIC. Exemptions were
requested for cadets, entry level ratings, officers serving aboard
vessels that do not need a vessel security plan, and captains of
Subchapter T (46 CFR parts 175 to 185) or smaller vessels.
The requirement for all credentialed mariners to hold a TWIC is
contained in 46 U.S.C. 70105 and implemented in the TWIC final rule
published elsewhere in today's Federal Register. By the terms of that
statute, all mariners issued a credential under part E of subtitle II
of Title 46 U.S.C. (currently the MMD, license and COR, and if this
proposed rule becomes effective, the MMC), as well as all individuals
seeking unescorted access to secure areas of 33 CFR Subchapter H
vessels or facilities must obtain a TWIC. This is a statutory
requirement imposed by Congress that the Coast Guard cannot alter
through regulation. In addition to the statutory mandate, exempting
classes of credentialed mariners from the TWIC requirement would be
problematic because it would exempt those individuals from the identity
and security review which would no longer be performed by the Coast
Guard. No changes have been made in this SNPRM to exempt certain
classes of mariners from the TWIC or MMC requirements.
One comment requested clarification on how the proposed 46 CFR
10.211 would affect requirements in section 312 of the Coast Guard and
Maritime Transportation Act of 2006 that allow foreign riding gangs for
60 days at a time.
Section 10.211 discusses the criminal record review process for the
MMC. If the foreign riding gangs are currently required to obtain a
U.S. MMD, license, COR or STCW endorsement, they would be required to
obtain an MMC. This
[[Page 3610]]
includes passing all requirements for the MMC, including the criminal
record review, citizenship and TWIC requirements. This proposed
regulation would not change the population of people who must obtain a
mariner credential.
One comment requested clarification on how 46 CFR 10.211 would
affect foreign security teams who are not mariners, but provide
security services on U.S.-flagged vessels and need unescorted access on
the vessel.
Generally, individuals who are not merchant mariners and are not
currently required to hold a MMD, license, COR or STCW endorsement
would not be required to get an MMC. The MMC merely changes the form in
which the MMD, license, COR and STCW endorsements appear by
consolidating them into one document. Anyone who currently has to hold
one or more of those credentials would be required to hold an MMC.
Individuals who are not required to get an MMC will not be required to
undergo the criminal record review set out in section 10.211. More
specifically, individuals who are engaged, employed, or serve on board
a vessel of at least 100 gross tons, as measured under 46 U.S.C. 14502,
or an alternate tonnage measured under section 14302 (except as set out
in 46 U.S.C. 8701(a)) are currently required to obtain an MMD. In
general this is interpreted by the Coast Guard to mean that any
individual engaged or employed in the business of the ship, or a person
whose efforts contribute to accomplishing the ships' business whether
or not the person is involved with the operation of the vessel, must
obtain an MMD, and therefore would be required to obtain an MMC. For
additional information on the requirements for seamen on U.S.
documented vessels and foreign vessels within U.S. jurisdiction, see
Commandant Instruction M16000.8B, Marine Safety Manual Volume III,
chapter 20, section E.
6. Application Process
We received one comment regarding the complexity of the application
process and requesting that it be streamlined. We received eight
comments that this rulemaking will hurt the ability of industry to
recruit and retain qualified mariners.
The Coast Guard believes that the consolidation of the 46 U.S.C.,
subtitle II, part E credentials and the removal of the requirement that
mariners travel to one of the 17 REC locations will serve as a benefit
to mariners, and therefore, aid the industry's ability to recruit and
retain employees. This rulemaking seeks to streamline the application
process by removing the appearance requirement; through the
consolidation and clarification of existing requirements; by reducing
the number of issuance fees that must be paid to the Coast Guard; and
through the sharing of information between TSA and the Coast Guard.
This proposed rulemaking should remove duplication of effort by the
government and applicants resulting in a cost savings. The requirement
that all merchant mariners obtain a TWIC, and the cost and burden
associated with that requirement, is contained in the TWIC final rule
which is published elsewhere in today's Federal Register and will go
into effect even before the comment period on this SNPRM will close. If
you believe that the regulatory changes in this proposed rulemaking,
not the TWIC rulemaking, will add a burden, or will limit your ability
to recruit and retain qualified mariners, please submit a comment to
the docket explaining your concerns in detail.
Two comments requested a web-based application process and
tracking.
This is something that the Coast Guard is contemplating. Although
such a process is not in place at this time, 46 CFR 10.209(d) as
currently proposed would support such an option, as it states that the
written portion of the application may be submitted by mail, fax, ``or
other electronic means.''
One comment sought a single application process for the TWIC and
MMC and another comment sought a more streamlined process stating
``there is nearly a 50 percent failure rate in applying for the MMD due
to multiple forms and information''. Finally, there were four comments
received that were concerned that the consolidation would result in an
increase in paperwork.
We acknowledge that the new requirement to apply for a TWIC will
result in an increase in the overall number of applications that must
be submitted by mariners because they will need to submit an
application for the TWIC and a separate application for the MMC. We are
making every feasible attempt to reduce the burden on applicants from
the requirement added by the TWIC rule. Because TSA will share the
fingerprint, photograph, proof of citizenship and, if applicable, FBI
number, criminal record and/or proof of legal resident alien status
with the Coast Guard, we propose to remove the requirement that all
merchant mariners travel to one of 17 RECs. Instead, the proposed
regulation would allow mariners to apply for the MMC by mail after
applying for a TWIC and visiting one of the approximately 125 TWIC
enrollment centers located throughout the country. The restructuring of
the merchant mariner credentialing process is an ongoing and
incremental process. This proposed consolidation of credentials and the
associated TWIC rulemaking are only a small piece in the envisioned
effort. The restructuring of the National Maritime Center (NMC), the
publishing of additional Navigation and Vessel Inspection Circulars
(NVICs), guidance documents, and future rulemaking projects are all
intended to improve and streamline the merchant mariner credentialing
process, reduce the review periods, and lower the application failure
rate.
It is not feasible at this time for TWIC enrollment centers to
receive and analyze the safety and suitability information necessary to
determine whether a mariner should be issued an MMC. The Coast Guard is
cooperating with TSA to shift the responsibility for reviewing the
identification and security threat portion of the application for MMCs
from the Coast Guard to TSA. However, because more than identity and
security related issues are involved with merchant mariner
credentialing, the Coast Guard will remain in control of those portions
of the evaluation that address whether an individual is a safe and
suitable person who should be authorized to serve in the merchant
marine. Maintenance of the merchant marine is an area in which the
Coast Guard has a long-standing history of regulation, and is one which
we are inherently more qualified to manage. On the other hand, the
security of our nation's transportation industry is the statutory
responsibility of TSA, and should not be taken over by the Coast Guard.
The creation of an identification credential which could span all
sectors of the transportation industry is outside the scope of Coast
Guard responsibility and expertise. The TWIC is best left in the hands
of TSA with Coast Guard assistance with respect to vessels, ports, and
merchant mariners. Due to the vastly different purpose and need
associated with the TWIC and the MMC, the Coast Guard and TSA have
opted not to consolidate their application processes and reviews into
one.
One comment was received that sought walk-in service at the RECs,
not only a mail submission process.
Mariners will have the option of submitting their MMC application
entirely by mail, and would not be required to visit one of the 17 RECs
unless an examination is required for the endorsement they seek. Some
endorsements require written examination as currently provided in 46
CFR 10.901 (proposed Sec. 11.901, in this SNPRM). The RECs, however,
will
[[Page 3611]]
remain open and accessible to mariners for purposes other than the
examinations. Mariners will still be able to walk into an REC to submit
their applications in person, ask questions, and seek in-person
guidance.
We received one comment that mariners will be required to hold both
an MMD and a TWIC until the phase-in period is complete.
While this is true, it is temporary and necessary in order to
facilitate a smooth transition while reducing the burden on mariners as
much as possible. The Coast Guard is honoring the five year validity
period of a mariner's current MMD, license, COR or STCW endorsement to
meet our statutory obligations under 46 U.S.C. 7107 and 7302, as well
as prevent mariners from undergoing an unnecessary early renewal. The
MMC will be phased in over a five-year period, because it will be
issued as mariners' current credentials expire.
During the five-year phase-in period of the MMC, when a mariner's
MMD expires, he or she will apply for an MMC, not another MMD. The
Coast Guard envisions that we will begin issuing MMCs exclusively once
the TWIC becomes mandatory for all mariners. According to the TWIC
implementation schedule, the TWIC will be phased in over an 18 month
period, during which time individuals will be enrolled in the TWIC
program at locations across the country. Although other vessel/facility
workers are required to apply for a TWIC during their particular
vessel/facility's scheduled enrollment period, merchant mariners are
allowed to visit any of the TWIC enrollment centers at any time during
the 18 month initial enrollment period. It is important to note,
however, that vessels or facilities may begin to use the TWIC for
access control once enrollment has been completed in their geographic
location. Because mariners are inherently mobile, they may need to
visit one of the vessels or facilities that have begun requiring the
TWIC for access control before the end of the 18 month period. An
interim measure has been created in the TWIC rule that will give
mariners access to secure areas of 33 CFR Subchapter H regulated
vessels and facilities with their MMD, or their license or COR and a
valid photo ID until full TWIC enrollment has been completed.
The Coast Guard does not envision that this rule will become
effective until TWICs are mandatory for all credentialed mariners.
Because the Coast Guard will continue to issue MMDs, licenses, CORs and
STCW endorsements under our current regulations until this rule becomes
effective, for up to five years after the TWIC becomes mandatory
individuals holding MMDs will also hold a TWIC until their MMD expires.
The TWIC is an identity credential that Congress made mandatory for all
merchant mariners as well as those seeking unescorted access to secure
areas of 33 CFR Subchapter H regulated vessels and facilities. It does
not contain the rating endorsements that appear on the MMD. Conversely,
the MMD does not contain the electronic biometric information found on
the TWIC, and does not satisfy the goal of having one unique credential
for unescorted access. Until an MMC is issued containing the mariner's
rating information, mariners will have to hold both a TWIC and an MMD.
In this SNPRM the Coast Guard is proposing to begin issuing MMCs in
approximately August 2008. This 20 month delay coincides with the
completion of the TWIC initial enrollment period. It is possible that
the Coast Guard could begin issuing mariner credentials in the form of
MMCs within the TWIC enrollment period if the credentialing material
and production machinery is available before that time. In addition, it
is possible that the Coast Guard and TSA could begin sharing
application information before August 2008 if the technology
infrastructure has been established and fully tested before that date.
7. Authority
We received 20 comments alleging that the Coast Guard lacks the
legal authority to consolidate the MMD, COR and license into the MMC.
More specifically, 13 of these 20 comments focused on the authority to
change licenses to officer endorsements. We received one additional
comment that claimed the Coast Guard is ``attempting a regulatory short
cut'' through this regulation rather than through a legislative change
proposal.
The proposed change will not affect the legal standing of merchant
marine officers. Section 10.201 in the proposed rulemaking describes
the characteristics and purpose of the MMC, explaining that it combines
the elements of the MMD, COR, license and any other required
endorsements (such as STCW) into a single document. This is a valid
exercise of the Coast Guard's broad authority under 46 U.S.C. Part E.
With respect to licenses, 46 U.S.C. 7101 provides the Coast Guard
authority to issue licenses to various classes of qualified applicants.
The Code is not specific regarding the required form of the mariner's
credentials, including the license, allowing the Coast Guard to
exercise discretion through the rulemaking process.
``Merchant Mariner Credential'' is merely the term used to describe
the document issued by the Coast Guard that incorporates the mariner's
license with the MMD and other endorsements into one; with endorsements
listed on it depending on the mariner's qualifications. The term
``Officer Endorsement'' is merely the term used to describe the
qualifications of the mariner which are defined as licenses in the
current regulations. The mariner's actual capacity to serve in the
merchant marine as specified by the endorsements on his or her MMC is
unchanged by this proposed rulemaking.
8. Burden
We received 17 comments that generally objected to the additional
cost associated with this rulemaking, three comments that objected to
the regulatory burden on mariners and one comment that complained of
duplicative fees and costs to mariners. We received six comments that
these proposed rules will seriously burden the operation of U.S.-
flagged vessels and mariners without providing a genuine increase in
security. We received three comments that the TWIC and MMC program
costs would affect U.S. commerce negatively.
The Coast Guard disagrees with these comments. This proposed rule
should neither create an additional cost or burden on mariners or U.S.-
flagged vessels, nor should it negatively affect U.S. commerce. This
rulemaking is intended to reduce the burdens on mariners and streamline
the credentialing process. It should have little or no effect on the
operation of U.S.-flagged vessels or U.S. commerce as these vessels are
already required to hire only properly qualified and credentialed
merchant mariners. If a mariner must currently hold a MMD, license, COR
or STCW endorsement, he or she will be required to get an MMC in lieu
of the MMD, license, COR or STCW endorsement. It does not add to, or
subtract from, the population of mariners who would need to apply for
credentials. It should not have a negative impact on employers, and if
anything, it should be seen as a benefit because mariners would no
longer need to take time away from work to travel to an REC to apply
for their credential. In addition, the determination of security risk
associated with the TWIC is no more stringent than that analysis
currently employed for any of those four current credentials. Mariners
should actually see at least two tangible benefits from this rule: (1)
A reduction
[[Page 3612]]
in issuance fees for those holding multiple mariner credentials; and
(2) the reduction of the cost and burden associated with the
requirement to travel to an REC.
It is important to note that although this rule relies upon the
TWIC rule to function properly, it is separate and distinct from the
TWIC rule and that rule's statutory mandate requiring the issuance of a
biometric transportation security card. Costs associated with the TWIC
are discussed in that rulemaking and should not be attributed to this
rulemaking.
Under the current regulations, applicants pay a $45 issuance fee
for each credential that they apply for. Under the proposed rulemaking
applicants would only apply for a single MMC and as a result would only
be required to pay one $45 issuance fee regardless of the number of
endorsements that they carry. Any mariner who would, under the current
rules, require multiple mariner qualification documents, would benefit
from this change in the fee structure. In addition, approximately
14,000 mariners have more than one credential without aligned
expiration dates. The differences in these expiration dates would
require multiple trips to an REC. The issuance of the MMC would be of
particular benefit to those mariners as it would require them to track
and update only one document. In addition, there would be no user fee
charged, at all, for the issuance of a Document of Continuity, which is
the proposed replacement for the license or MMD with a continuity
endorsement. The Document of Continuity is discussed below in the
comments received about continuity.
This rulemaking also proposes to remove the requirement that all
mariners travel to an REC to be fingerprinted by, and show proof of
identification to, an REC employee. Instead, since the proposed TWIC
rule would require these same individuals to visit one of the many TWIC
enrollment centers to supply this information, the Coast Guard and TSA
have agreed to electronically share the information necessary to
complete the Coast Guard's safety and suitability analysis. The TWIC
rule anticipates that there will be more than 125 initial TWIC
enrollment centers established nation-wide for enrollment. Although the
final number of TWIC enrollment centers that will remain open after
initial enrollment is not known at this time, it is almost certain that
there will be significantly more than the 17 Coast Guard RECs. By
allowing mariners to visit TWIC enrollment centers instead of RECs,
this proposed rule would provide a potential benefit to mariners by
reducing their time and travel costs currently required to receive a
credential.
The Coast Guard asserts that the overall cost for mariners
associated with this rulemaking would actually decrease or remain the
same and would serve to provide more flexibility to mariners since
there would be more TWIC enrollment centers than RECs.
We received one comment alleging that the rule is an unfunded
mandate that does not provide for appropriate partnership between
government and industry.
The Coast Guard disagrees, and does not believe that this proposed
rulemaking will result in an unfunded mandate. The Unfunded Mandates
Reform Act of 1995 (2 U.S.C. 1531-1538) addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. As discussed above, this rulemaking is actually expected to
reduce costs associated with the credentialing of merchant mariners. In
addition, it should not affect any cost expenditure upon a State, local
or tribal government or private sector entity, and if it does create an
increase in cost to any of those entities it should be well below
$100,000,000 in any one year.
We received one comment that sought a particular economic review of
the financial impact of the rule on tall ship operators, and one that
sought an economic review of the financial impact of the rule on
training vessels.
The economic impact of this proposed rulemaking is addressed in
detail in the Regulatory Evaluation section below. Further economic
review will take place between this SNPRM and any further rulemaking.
If you believe that the consolidation of merchant mariner credentials
(not the requirement that merchant mariners must obtain a TWIC) will
negatively affect your business, please submit a detailed comment to
this SNPRM. If such information is confidential commercial information,
please mark the comment accordingly and submit it to Mr. Luke Harden at
the address listed above in FOR FURTHER INFORMATION CONTACT.
9. Citizenship
One comment noted that the citizenship exemption for Operator of
Uninspected Passenger Vessels (OUPV) was removed from the regulatory
text although the preamble table stated that it was retained.
This error has been corrected. In accordance with 46 U.S.C. 7102,
licenses and CORs for individuals on documented vessels may be issued
only to citizens of the United States. The Coast Guard has historically
interpreted the statute to allow an exemption for alien OUPVs who do
not work on documented vessels. Removal of this exemption from the
regulatory text was unintentional. Corrections have been made to 46 CFR
10.221, table 10.239 and 11.467 accordingly. These individuals will
still be required to meet the citizenship requirements for the TWIC set
out in that rule in the new 49 CFR 1572.17. Although the Coast Guard
does not believe that requiring a TWIC for OUPVs on undocumented
vessels will cause many individuals to lose their mariner credentials,
we are unable to create an exception from the TWIC requirement. It is
clear in 46 U.S.C. 70105 that all credentialed merchant mariners must
hold a TWIC. If an individual holds a license or an MMC with an officer
endorsement as OUPV, they must have a TWIC. Since this proposed
regulation is not expected to become effective until approximately
August 2008, foreign mariners should have time to meet the requirements
to obtain a TWIC, if possible.
On October 17, 2006, Congress passed the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109-364). In
that Act, Congress amended 46 U.S.C. 8103 to permit an alien allowed to
be employed in the U.S. under the Immigration and Nationality Act who
meets additional requirements for service as a steward aboard large
passenger vessels to obtain an MMD. Although language has not been
proposed in this rulemaking to address this new statutory authority,
the Coast Guard is aware of it and is initiating a separate rulemaking
to address these new requirements.
We received four comments inquiring about the citizenship
requirements for the crews of Offshore Supply Vessels (OSVs) and Mobile
Offshore Drilling Units (MODUs) in foreign waters.
This question appears to seek clarification as to the language of
46 CFR 15.720(a) and (b), which provide for the waiver of the
citizenship requirements in 46 U.S.C. 8103(a) and (b). The substance of
15.720(a) and (b) has not been removed in this proposed regulation. In
the SNPRM, citizenship requirements continue to be waived for OSVs
operating in a foreign port and MODUs operating beyond the water above
the U.S. Outer Continental Shelf as they are in the Coast Guard's
current regulations.
One comment expressed displeasure that lawful non-immigrants with
work authorizations would be precluded from obtaining a credential even
though they
[[Page 3613]]
may be lawfully employed on certain U.S.-flagged vessels and may
require an endorsement in the performance of their duties. Four
comments objected to limiting the issuance of MMCs to aliens admitted
for permanent residence.
No changes to the regulations have been made as a result of these
comments. The citizenship and alien status requirements are set by
statute and cannot be changed by the Coast Guard through regulation.
Statutory requirements in 46 U.S.C. 7102 mandate that licenses may only
be issued to U.S. citizens. The Coast Guard has carved out of that
language an exception for OUPVs serving on undocumented vessels, but
the statutory language provides no additional room for exception. With
respect to MMDs, 46 U.S.C. 8103 restricts the issuance of MMCs to
aliens who present acceptable documentary evidence that they are
lawfully admitted to the U.S. for permanent residence and cadets
enrolled at the U.S. Merchant Marine Academy. The proposed 10.221 would
not change the current requirements except that it now clearly states
that credentials may be issued to cadets enrolled at the U.S. Merchant
Marine Academy. This would not be a change from our statutory
requirement or current practice.
Four comments requested a clarification of the immigration status
requirements for the TWIC and their relationship to the MMC.
A full discussion of the immigration status requirements for the
TWIC is beyond the scope of this rulemaking. That said, all merchant
mariners holding a MMD, license, COR or STCW endorsement are required
to obtain a TWIC. Therefore all credentialed merchant mariners must be
U.S. citizens or would be required to meet the immigration requirements
for the TWIC which are contained in the proposed TWIC rulemaking at 49
CFR 1572.105. Mariners who are not U.S. citizens and cannot meet those
citizenship requirements, will not be issued a TWIC, and will be unable
to obtain an MMC. With the exception of some alien holders of OUPV
licenses, however, all mariners who are currently able to meet the
citizenship or immigration requirements for the MMD or license will be
able to meet the citizenship or immigration requirements for the TWIC.
10. Concurrent Processing of Applications
We received 32 comments about the current processing time for Coast
Guard merchant mariner credentials. We received two comments that this
rulemaking would increase the backlog of applications, and eight
comments that the TWIC and MMC will slow the documentation process.
Four comments were unclear as to whether the TWIC was required before
the MMC. One comment suggested that the Coast Guard issue the MMC
without the requirement for having a TWIC. Finally, we received 60
comments requesting concurrent processing of applications.
The Coast Guard acknowledges that mariners are dissatisfied with
the current processing time for merchant mariner applications. This
proposed rulemaking is one of the many ongoing projects that the Coast
Guard is undertaking in an effort to streamline the process and reduce
backlog. This proposed consolidation of credentials and the associated
TWIC rulemaking are only a piece of this effort. The restructuring of
the NMC, the creation of additional NVICs, guidance documents, as well
as current and future rulemaking projects are all intended to reduce
the evaluation period.
In addition to the Coast Guard's voluntary effort at restructuring
the mariner credentialing process and attempting to reduce processing
time, the recently passed SAFE Port Act mandates concurrent processing
of a mariner's TWIC and MMD by TSA and the Coast Guard. The Coast Guard
agrees that processing the MMC only after the TWIC has been issued
could potentially increase this backlog and be overly burdensome to the
mariner. As a result, changes have been made to 46 CFR 10.225(b)(2) to
allow new applicants to apply for their MMC if they either hold a valid
TWIC or can prove that they have applied for one in the past 30 days.
The MMC application could be processed simultaneously with the
individual's TWIC application. However, because of the Coast Guard's
need to obtain biometric and biographic information submitted by the
applicant at a TWIC enrollment center, the TWIC application must be
submitted before the MMC application. In addition, because of the need
to ensure that the applicant's identity has been verified and that he
or she has been determined not to pose a security risk, the Coast Guard
proposes to retain the requirement that the TWIC be issued to the
applicant before an MMC would be issued. Because applicants for
renewals, duplicates, or modifications should already hold a valid
TWIC, concurrent processing should not be an issue for those
applicants.
11. Continuity Licenses
One commenter was concerned about the loss of the continuity
license. Another comment stated that the proposed certificate of
continuity would be insufficient to meet the ``significant amount of
pride in the maritime industry evidenced by holding a license'', and
recommended that we issue the MMC with continuity endorsement but
exempt it from the TWIC requirement.
Although the actual continuity license has been removed from the
regulations in this proposed rulemaking, the concept of the continuity
license was retained. The concept existed in the NPRM at 46 CFR
10.227(i), and continues to exist in this SNPRM at 46 CFR 10.227(e),
but has been revised substantially from the language proposed in the
NPRM.
As proposed in this SNPRM, the Document of Continuity would take
the place of the inactive ``continuity'' license or MMD renewal. The
Coast Guard recognizes that one of the main purposes for the continuity
document is to allow those mariners temporarily working ashore to apply
as a renewal rather than as an original should they decide to return to
active status after a period of inactivity. The language of the MTSA at
46 U.S.C. 70105, however, requires all holders of merchant mariner
credentials issued under title 46 U.S.C. subtitle II, part E (the MMD,
license, COR, and MMC) to hold a TWIC. The continuity license is a
license, and is issued under 46 U.S.C. subtitle II, part E, therefore
all mariners holding a continuity license must get a TWIC. The Coast
Guard does not have the authority to limit this statutory requirement
to certain classes of mariners. We thought it over-burdensome and
unnecessary to require individuals who are not serving as merchant
mariners to undergo the expense and burden of obtaining a TWIC, and
thought that the addition of a TWIC requirement could reduce the number
of mariners that would be available for service in a time of national
need.
To avoid imposing the TWIC requirement on inactive mariners, we
created the concept of a Document of Continuity. The Document of
Continuity would not be an MMC, MMD, license or COR, and would not
authorize a mariner to serve. It would not be issued under 46 U.S.C.
subtitle II, part E. It is technically a receipt, issued by the OCMI,
acknowledging that the mariner once held a valid credential. To obtain
a Document of Continuity, a mariner would submit the same paperwork to
the Coast Guard as they would currently submit to get a license or MMD
with a continuity endorsement, except that mariners would also be
required to return the credential being renewed so that it can be
canceled. Since a
[[Page 3614]]
Document of Continuity will be issued only as a means to reserve an
inactive mariner's ability to apply as a renewal at some time in the
future, the mariner should not need to work under the authority of that
credential while the Coast Guard processes their application and should
not be burdened by the requirement to submit their current credential
for cancellation. Photocopies would no longer be accepted.
The Document of Continuity would be issued free of charge
(applicants for licenses or MMDs with a continuity endorsement are
currently charged $45), and the Document of Continuity would have no
expiration date (licenses or MMDs with a continuity endorsement are
currently valid for only 5 years). Mariners who are working on shore
and are not serving as merchant mariners, but who would prefer to hold
an MMC may apply for and receive an MMC after meeting all of the
requirements for renewal set out in 46 CFR10.227, including but not
limited to obtaining a TWIC, meeting the medical and physical
requirements in 46 CFR 10.215 and being drug tested.
12. Definitions
Four comments requested a definition of the term ``entry level
mariner''. A definition has been added to proposed 46 CFR 10.107 of
this SNPRM.
One comment requested a definition of ``DDE''. The definition for
the term ``designated duty engineer'' existed in section 10.107 of the
NPRM; we added the acronym for the term (``DDE'') to the definition in
this SNPRM.
Four comments requested a definition of the term ``U.S.C.G
sector''. The term has been removed in favor of retaining the broader
term ``Officer in Charge, Marine Inspection'', or ``OCMI'', which is
defined in section 10.107.
One comment requested revision of the definition of ``conviction''
to read ``a final judgment of guilty in a criminal case''. We have
chosen to retain the definition of the term ``conviction'' as the
requested language is too vague and would omit many convictions that
the Coast Guard currently uses to determine whether an individual is
safe and suitable to serve in the merchant marine.
13. Editing
Many small editorial changes were requested throughout the NPRM.
Due to the large number of these requests, and because of their non-
substantive nature, they are not discussed here individually. Most of
the requested changes were made in the SNPRM. The following is a
discussion of some of the more in-depth comments requesting editorial
changes:
One comment pointed out an inconsistent use of the term ``valid''
through out the regulations. Although the Coast Guard recognizes that
the regulations in Subchapter B could be written more clearly, since
most of the language and inconsistency exists in the current
regulations, this change is one that would be best handled in a
separate rulemaking when the Coast Guard revises Subchapter B to make
such linguistic changes throughout the subchapter.
Four comments requested a clarification of the intent behind 46 CFR
10.217(c)(3), and four comments noted that that section uses the
undefined terms ``regular certificates'', ``temporary permit'', and
``permanent certificate''.
The language regarding Merchant Marine Details at locations other
than the RECs came directly from the current 46 CFR 12.02-3(b). In the
NPRM, the language was expanded from ``Coast Guard Merchant Marine
Details abroad'' to ``Coast Guard Merchant Marine Details'', to allow
for more operational flexibility. Upon additional review of the intent
and language of the provision, the term ``abroad'' has been reinserted
into the regulation in this SNPRM. Also, this provision currently
exists for unlicensed personnel only, and was inadvertently extended to
all mariners in the NPRM. Language has been added in this SNPRM to
restrict this provision to ratings. Currently, 46 CFR 12.02-3(b) is
intended to allow mariners who require a replacement or renewal of a
Coast Guard issued credential to obtain temporary certificates from
Coast Guard facilities while overseas. This provision is rarely used,
and is typically associated with the need to support mariners assisting
in international conflicts. It was last used during Operation Iraqi
Freedom. Because the terms used in this section were merely carried
over from the existing regulations, definitions of the terms noted in
the comment were not added at this time.
Four comments requested a clarification of the relationship of 46
CFR 14.205 to 46 U.S.C. 8103(e).
The proposed change to 46 CFR 14.205 merely adds the TWIC and
replaces the word ``license'' with ``credential'' for those items that
a merchant mariner must present to the master or individual in charge
of the vessel before engagement for a voyage upon which shipping
articles are required. Individuals must present all those items that
are ``required by law for the service the mariner would perform''. If
the mariner is required by law to carry a credential, he or she will
have to present it before signing shipping articles. This requirement
stems from the requirement in 46 U.S.C. 10306 which requires mariners
to exhibit an MMD before signing shipping articles. Since the MMD will
now be in the form of an MMC, and a TWIC is a requirement for an MMC,
the TWIC and any other required ``credential'' must be exhibited. 46
U.S.C. 8103(e) involves the waiver of citizenship requirements for
individuals (other than master and radio officer) on a documented
vessel on a foreign voyage which must hire foreign mariners to fill a
vacancy until the vessel returns to a port where a U.S. citizen can be
obtained for the position. The current and proposed Coast Guard
regulations include this waiver provision in 46 CFR 15.720(a).
We received one comment requesting that 46 CFR 10.219 be revised to
allow payment with cash and credit cards when applying by mail, to
conform to the allowable payment options for personal appearance.
As a result of this comment, 46 CFR 10.219(d) has been revised in
this SNPRM, and credit card payment is proposed as an acceptable form
of payment. Due to the risk of theft, the Coast Guard will not accept
cash payment through the mail.
Three commenters requested that references to shipping
commissioners be removed throughout the regulations to be consistent
with amended statutes since shipping commissioners no longer exist.
46 CFR 12.10-1 has been revised in this SNPRM to remove the term
shipping commissioner. The removal of that term throughout the Coast
Guard's regulations will be considered in a separate rulemaking.
Two comments noted an inconsistent use of quotation marks
throughout the NPRM.
We disagree. When quotation marks are used in conjunction with
directions to the Federal Register, such as remove the word ``the'' and
add, in its place, the word ``for'', the quotation marks all appear to
be used consistently. Quotation marks have also been used around the
actual endorsement placed upon the MMC, such as an endorsement as
``Master''. This is the proper use of quotation marks. We recognize
that throughout the regulations, quotations have not been placed around
the endorsement in this fashion. This is an editorial change that will
be considered in the contemplated Subchapter B revision.
Four comments stated that the list of endorsements in proposed
10.109 are incomplete and restrictive.
[[Page 3615]]
We agree, and have revised 46 CFR 10.109 to include the missing
endorsements.
Two comments requested a title for 46 CFR Part 11.
We have entitled Part 11 ``OFFICER ENDORSEMENTS''.
One comment requested that we replace the words ``not more than''
with the words ``less than''.
We disagree with this request. Because the term ``not more than''
includes ``equal to'', and ``less than'' does not, this would change
the meaning of the terminology as well as the current tonnage
endorsements, and it would change the regulated populations of the
various officer tonnage categories. A further review of these terms is
envisioned in the STCW rulemaking that is currently in development.
14. Expiration Dates
We received two comments seeking an explanation of how the validity
date for training certificates would align with the uniform expiration
date of the MMC. We received three additional comments that the radar
observer endorsement should align with the MMC expiration date.
As proposed in this rulemaking, there is no relationship between
the expiration date of the MMC and the underlying training
certificates. The MMC, and any endorsements on it, will be valid for a
set 5 year period. It will be the mariner's responsibility to ensure
that at the time of application their training is up to date, and that
they ensure that their training certificates remain valid throughout
the period of endorsement. Changes have been made to 46 CFR 11.480(g)
to remove the requirement that the month and year of the radar-observer
certificate appear on the MMC. Similarly, section 11.480(k) has been
removed because it will be unnecessary to synchronize dates when there
will only be one date on the new MMC. Finally, 46 CFR 15.815 has been
revised to require mariners to have readily available evidence that
they hold a valid radar-observer certificate. This will allow mariners
the flexibility to maintain the actual certificate at home or at an
employer's office, but still allow them to provide proof of compliance
to inspectors.
Four comments were received that opposed aligning the expiration
dates of the TWIC and MMC, and one comment was received in favor of
making the expiration dates align.
It is not expected that mariners will be required to align the
expiration dates for the TWIC and MMC. A mariner must hold a valid TWIC
before an MMC will be issued, and failure to hold a valid TWIC may be
grounds for suspension and revocation of an MMC, but the expiration
dates do not need to match. Requiring them to match would cause the
period of validity of the MMC to be shorter than five years due to the
time it takes to apply for and process the TWIC and MMC applications.
It would also remove the ability for the Coast Guard to allow mariners
to apply for a renewal MMC at any time during the validity period (and
up to 1 year after expiration) as proposed in this rulemaking, because
the renewal periods for a TWIC remain limited. If mariners are required
to match the expiration dates of their credentials, they would have to
renew their MMC on the same schedule as their TWIC. Mariners are not
prohibited from voluntarily aligning their expiration dates, but it is
not required.
15. Format of the MMC
We received a large number of comments on the format of the MMC.
Five comments wanted the biometric TWIC card to also contain the
qualification information proposed for the MMC. Four comments wanted to
do away with the TWIC, and instead, modify the MMC to include biometric
data and an embedded chip. Nine comments wanted to retain the MMD, but
modify it to include biometrics and an embedded chip. One comment
generally objected to having a TWIC in addition to the MMC. One comment
generally requested one card for the MMC/MMD and TWIC. One comment
stated that the MMD is sufficient for mariners because the criminal
record and immigration status are already reviewed. Finally one comment
sought a more thorough analysis of why a single card cannot be issued.
Through 46 U.S.C. 70105, Congress has directed the Secretary of the
Department of Homeland Security to issue a biometric transportation
security card to all individuals who need unescorted access to secure
areas designated in a vessel or facility security plan; individuals
issued credentials under part E of subtitle II of Title 46 U.S.C.
(credentialed mariners); vessel pilots; individuals working on a towing
vessel that pushes, pulls, or hauls alongside a tank vessel; certain
individuals with access to security sensitive information; and other
individuals engaged in port security activities.
The House Committee Report, written when the statute was still a
bill, but contained the language that was passed, states ``Section
70105 establishes a national standard for issuance of biometric
transportation security cards whose purpose is to control access to
secure terminal areas to only authorized personnel.'' The Department of
Homeland Security has interpreted this language, and the language of
the statute itself, to exhibit a Congressional intent that the
Secretary create a single biometric identification credential. This
national biometric transportation security card is to be used at all 33
CFR Subchapter H regulated vessels and facilities by everyone to whom
the statute applies. Such a uniform requirement would improve security
and reduce fraud through the creation of a single, recognizable
identity credential instead of multiple credentials that would be
dependant on the type of function that the individual would serve at
the vessel or facility.
The population of individuals covered by 46 U.S.C. 70105 includes a
large number of individuals outside of the merchant marine. Altering
the MMD to include biometric capabilities would not only fail to
satisfy the requirement for all of the people to whom the Secretary
must issue the credential, but it would not even cover the entire
population of mariners that are affected by the statutory mandate.
Altering the MMD to include biometric capabilities would cover only
those people who carry an MMD. As of December 31, 2005, of the total
estimated 205,000 merchant mariner population, 67,637 held only an MMD;
41,343 mariners held both a license and MMD; and 27,790 mariners held a
license, MMD and STCW endorsement (the remainder hold a license only,
which is not an identity document).
Allowing the MMD to serve as an alternate to TWIC would violate
this concept of a single uniform nationwide credential for all. Also
for this reason, we have opted not to consolidate the merchant mariner
credentials into the MMC with a biometric chip. Although this option
would be more expansive because it would at least create a uniform
biometric credential for all merchant mariners, it would not reach the
other categories of people included under the 46 U.S.C. 70105
requirement, and would therefore violate the intent and benefits that
could be derived from a single nationwide standard.
There are many other reasons why the Department of Homeland
Security has chosen not to place a biometric on the MMD or MMC in an
attempt at satisfying this statutory mandate. One of these reasons is
cost. The process proposed in this SNPRM would allow all mariners to
apply for their MMC entirely by mail. Mariners would apply for their
TWIC by going to one of the
[[Page 3616]]
over 125 TWIC enrollment centers to be fingerprinted, photographed, and
show proof of identification and citizenship status. TSA would then
share this information electronically with the Coast Guard. This
proposed regulation would result in a cost savings for mariners because
it would completely remove the need for all mariners to travel to one
of the 17 Coast Guard RECs. As proposed, the Coast Guard would no
longer conduct identity verification and security vetting. If the MMD
or MMC was to be re-vamped to include a TWIC-like biometric chip, then
those mariners who would get the MMD or MMC would have to travel to one
of the 17 RECs, instead of the 125 TWIC enrollment centers, to submit
their application information. This would be more of an inconvenience
to the mariner, as 125 locations are more likely to provide a shorter
travel distance than the Coast Guard's current 17 REC locations.
TWIC enrollment centers are for the gathering of information from
TWIC applicants only. Even if that were not the case, the collection of
application information, security vetting and the maintenance of the
database make up most of TSA's TWIC program expenses. If mariners were
allowed to register for a biometric MMD or MMC at a TWIC enrollment
center, they would still incur the security and application costs even
if they weren't applying for a TWC. In that situation, the cost to
mariners would increase, while the security benefit of a uniform
credential would be lost.
The addition of a biometric chip to either the MMD or MMC would
also significantly increase the costs to produce the card. Right now,
this SNPRM does not propose to change the fees for the MMC from those
that are currently charged for the license and MMD. If the Coast Guard
changed the MMD or MMC to conform to the TWIC technology, the cost of
the credential would increase.
The final option considered was to incorporate all of the merchant
mariner qualification information onto the TWIC. This is a goal that
the Coast Guard hopes to reach some time in the future; however, it is
simply not feasible at this time. STCW requires foreign port state
control officers to be able to read a mariner's qualification
credentials, and not all countries have the ability to read smart
cards. It is impractical, and for some it may be impossible, to print
all of the information that will appear on an MMC on the face of the
TWIC. In addition, although the technology continues to advance, the
type of technology used for the TWIC does not offer sufficient storage
for all of the information that the Coast Guard would need to put on
the MMC. At some point in the future the Coast Guard hopes that new
technology will be available, costs will be reduced, and international
capabilities will exist to make this a viable alternative.
For these reasons, the Coast Guard and TSA have opted to present
two separate, but linked credentials: a TWIC as the biometric security
card required in 46 U.S.C. 70105, and the MMC as the consolidated
qualification credential for merchant mariners.
We also received comments regarding the format of the MMC. One
comment objected to a certificate suitable for framing, and sought a
credential similar in size to the current MMD. One comment sought
either a laminated card or a frameable document. Two comments requested
a laminated card, and another two comments sought a smaller, wallet-
size credential.
For the reasons stated above, a laminated wallet-sized card, much
like the current MMD or the proposed TWIC, is not feasible at this time
due to international requirements and technological limitations.
The Coast Guard is also considering a passport-style credential.
The passport credential would have a thick, sturdy cover like the U.S.
passport, would have a page with the individual's photograph and
biographic information, and would have pages inside that would contain
a mariner's endorsements. STCW endorsements, for example, could be
contained on the center sheet and would contain all of the information
necessary to meet the STCW convention and code requirements. Officer
endorsements could be contained on opposing pages and would not contain
personal privacy information so that the credential could be opened to
that page for posting aboard vessels to satisfy the requirements of 46
U.S.C. 7110. Several other nations have already adopted a passport
style document as the primary mariner qualification credential. The
Coast Guard is currently investigating this option and the costs
associated with this format. We are concerned that a credential that
costs significantly more to produce could result in a future increase
in user fees.
Finally, two comments stated that the proposed format does not meet
the needs of blue-water or domestic mariners, and requested that the
Coast Guard seek guidance from mariners on the format.
We explicitly request public input on this subject during the
comment period for this SNPRM. Draft samples of a certificate format
and passport style format are available for inspection in the public
docket for this rulemaking. Please provide information as to the type
of credential that would best serve your needs and still meet domestic
and international requirements. Please provide comments on format,
cost, production possibilities, technology availability, or any
information you believe could help.
16. General
One commenter disagreed with the assertion that mariners could be
required to carry up to five credentials.
The Coast Guard disagrees. A mariner could hold up to five
credentials if the credentials are not consolidated. These five
credentials are the MMD, license, COR, STCW endorsement and TWIC. For
some mariners, the STCW endorsement is printed on the license, but in
most cases the STCW endorsement is a separate document. As of July 16,
2006, 139,791 mariners held a license, 63,466 mariners held an MMD, 530
mariners held a COR, 49,994 mariners held an STCW endorsement, and 13
mariners held all four.
Ten commenters were completely against the consolidation of
credentials.
The comments received to this point have not persuaded the Coast
Guard to abandon our proposal to consolidate the merchant mariner
credentials. This proposal will ultimately result in the simplification
of procedures, increased national security, decreased costs and
increased efficiency.
We received one comment that the Coast Guard has been unable to
ascertain and report on the number and type of valid licenses and MMDs
in existence at any time, suggesting a limitation on our ability to
call on mariners in response to a national emergency.
We disagree that this information is not readily available, or that
we have been unable to ascertain or report on this information. The
Coast Guard maintains an electronic database with this information and
can retrieve it whenever necessary. As stated above, as of July 16,
2006, 139,791 mariners held a license, 63,466 mariners held an MMD, 530
mariners held a COR, 49,994 mariners held an STCW endorsement, and 13
mariners held all four.
17. International Agreements
Seven comments stated that the proposed MMC fails to address the
ILO 185 Convention, and two comments generally recommended that we
harmonize the MMC with international standards.
The MMC will be harmonious with the International Convention on
[[Page 3617]]
Standards of Training, Certification, and Watchkeeping for Seafarers,
1978 as amended (STCW). However, efforts will not be taken to conform
the MMC to the requirements of the International Labour Organization
Seafarers' Identity Document Convention (Revised), 2003 (ILO-185) at
this time. As the United States is not a signatory to ILO-185, no plans
have been made at this time to produce an identification document
complying with that particular standard. The Coast Guard will ensure
that the MMC conforms to those international agreements to which the
United States is a party.
18. Information Sharing
We received one comment requesting a process where TSA routinely
notifies CG of TWIC evaluations.
The process for transferring data between TSA and the Coast Guard
has not been finalized at this time. As currently envisioned, however,
TSA would have the ability to push information to the Coast Guard upon
notification by the applicant that they are a merchant mariner or
applying to become a merchant mariner, and the Coast Guard would have
the ability to pull application data directly from TSA upon receipt of
an MMC application. The Coast Guard would also have access to TSA's
Identity Management System (IDMS) to allow us to verify that the
applicant holds a valid TWIC. Furthermore, if a mariner's TWIC is
revoked, TSA will notify the Coast Guard so that after the applicant
exhausts the TWIC appeal process, we could initiate suspension and
revocation action against the individual's MMC.
19. Interim Credentials
We received one comment recommending that 46 CFR 10.209 be amended
to allow the issuance of an interim MMC for applicants who have been
approved for a TWIC and have simultaneously applied for the MMC but are
awaiting final MMC approval. An additional comment requested that the
Coast Guard issue MMCs without a TWIC for seasonal workers.
The statutory requirements of 46 U.S.C. 70105 do not provide for
the exemption of seasonal workers from the obligation for all
credentialed merchant mariners to hold a TWIC. The general requirement
to hold a TWIC is discussed further in the TWIC final rule published
elsewhere in today's Federal Register. The Coast Guard seeks additional
pubic comment with respect to the issuance of interim MMCs. In 46
U.S.C. 7302(g), the Coast Guard was given the statutory authority to
issue an interim credential to the following people:
(1) An individual to be employed as gaming personnel, entertainment
personnel, wait staff, or other service personnel on board a passenger
vessel not engaged in foreign service, with no duties, including
emergency duties, related to the navigation of the vessel or the safety
of the vessel, its crew, cargo or passengers; or
(2) An individual seeking renewal of a rating endorsement, or
qualifying for a supplemental rating endorsement.
This interim credential could only be valid for up to 120 days and
could only be issued one time to the people covered in paragraph (1)
above. This statute gives the Coast Guard the authority to issue these
interim credentials, but does not make them mandatory.
At this time, the Coast Guard is not in favor of adding interim
MMCs to the regulations. We have amended the proposed regulations to
include concurrent applications, which should speed the application
process, and we believe that adding in the processing time to issue an
interim credential would add a burden onto REC personnel which would
negate the time benefit created by this concurrent review change. In
addition, it is imperative that the Coast Guard verify that an
individual has all required qualifications before they are allowed to
serve aboard a commercial vessel. Ensuring that the individual is not a
security risk through the TWIC is only a part of the merchant mariner
credentialing process. The potential risks to life and property and the
inherently dangerous nature of a career in the merchant marine creates
a heightened need to ensure that the individual is a safe and suitable
person for the job.
Although the Coast Guard is not currently in favor of adding
interim credentials to our regulations, we specifically seek public
comment on this issue to aid us in making a final decision.
We received one comment requesting a transition period that would
permit mariners to continue working even if their current credentials
are expired, as long as they can demonstrate that they have applied for
and are awaiting a TWIC.
As discussed above, the security review is only a part of the
merchant mariner credentialing process. Expiration dates are created so
that a mariner's background and professional qualifications can be re-
evaluated every five years to ensure that they are still qualified to
hold that credential. Under the proposed regulations, although mariners
will not be allowed to work after the credential expires, they will be
allowed to renew their credentials at any time before expiration and up
to one year after expiration, so mariners are free to renew their MMC
at whatever time is most convenient to them. It will be up to the
mariner to ensure that he or she applies for renewal early enough to
ensure that they always hold a valid MMC.
20. Invalid Credentials
Four comments requested that the Coast Guard require mariners to
send an invalid credential to the Coast Guard for cancellation, but
agree to return the canceled credential to the mariner for sentimental
purposes; and two additional comments requested that we resolve the
inconsistency in the NPRM regarding the return of cancelled
credentials.
We have revised 10.209(g), 10.225(b)(5), 10.227(d)(4) and
(e)(2)(i), 10.223(c)(5), 10.231(c)(5) and 10.233(c) in response to
these comments. The requirement to return credentials that are expired,
invalid, or have been renewed remains; however, mariners may request in
writing, at the time of submission, that the canceled credential be
returned to them after cancellation.
21. License Creep
We received five comments requesting that the MMC be effective upon
the original renewal date regardless of when the mariner applied for
renewal.
The Coast Guard is aware of the ``license creep'' problem, and is
working to solve it. License creep occurs because although a mariner's
credential is technically valid for a five year term, they must apply
to renew that credential before the close of that five year term so
that there will not be a gap between when their new credential is
issued and the old one expires. Mariners frequently find themselves
applying for renewal many months before the expiration of their
credential to ensure that they will receive their new credential in
time. Licenses, MMDs (and as proposed, MMCs) are valid for five years
from the date of issuance. This means that if their renewal is issued
before the expiration date of the credential being renewed, the mariner
loses the period of time they could have served on their expiring
credential measured from the date the new credential is issued to the
expiration date of the expiring credential. Essentially, the five-year
validity term ``creeps'' back with each renewal.
[[Page 3618]]
The comments suggested that the Coast Guard issue renewal
credentials with an effective date that would match the expiration date
of their expiring credential so that there is continuity in validity
and the preservation of a full five-year validity term. We deliberated
over this comment for quite some time. In the end, we determined that
the solution presented by the comments requires further research due to
possible legal implications. Statutory limitations were placed on the
Coast Guard by Congress in 46 U.S.C. 7702 and 7703 that restrict those
bases on which we may initiate suspension and revocation procedures
against a mariner's credential. Certain paragraphs in those sections
only allow the Coast Guard to seek suspension and revocation against a
mariner's credential for actions that they take while acting under the
authority of the credential. The concern is that a mariner cannot be
acting under the authority of a credential that is not yet effective.
The Coast Guard can initiate suspension and revocation actions against
a mariner's current credential for those acts done while acting under
the authority of that credential, but that suspension and revocation
action may not legally apply to a renewed credential that has already
been issued but would become effective at some point in the future.
Considering other methods of solving the license creep issue, we
also thought about linking the MMC expiration date to an applicant's
birth date, much like the method used for state driver's licenses. We
realized that this option, too, would not be feasible. It would punish
applicants who sought to renew early after applying for new
endorsements in the middle of the credential's validity period. They
would receive those endorsements, but they would not be effective until
their next birthday, so they would not be able to work in those jobs
until that date. The same problem would occur with respect to new
applicants. Unless the credential was actually issued on their
birthday, it would either be shorter than the five year period
(validity began in the past) or there would be a gap during which the
mariner would not be able to work (validity would begin at some point
in the future). Furthermore, making the credential effective on their
last birthday would not only fail to solve the problem, but it would be
a clear violation of 46 U.S.C. 7106 and 46 U.S.C. 7302(f) which state
that credentials issued must be valid for five year periods and may be
renewed for five year periods. This language provides no leeway to
shorten or lengthen the validity period of the credentials.
These are only two of the regulatory options the Coast Guard has
considered to end the problem of license creep. We will continue to
analyze this issue and will attempt to address it in the final rule if
a legally sufficient solution can be arranged. We encourage public
comment on this issue, and welcome any solutions that the public wishes
to propose. In the meantime we suggest that mariners request delayed
issuance, in writing, at the time they submit their renewal
applications. According to National Maritime Center (NMC) Policy Letter
09-03, RECs have been directed by the Commanding Officer of the
National Maritime Center (NMC) to delay issuance of renewed credentials
upon written request from the applicant. This policy was created in
direct response to the license creep problem and has been in effect at
the RECs since 2003. A copy of this policy letter is available in the
public docket for this rulemaking.
22. Loss of License as Separate Credential
We received six comments expressing displeasure that the Coast
Guard is proposing to change the license to a generic credential, 10
comments objecting to the license being substituted by a card, and 23
comments objecting to the loss of a license as a separate credential.
The Coast Guard is considering various formats for the MMC. We
expressly request input as to how the credential should be arranged,
the form in which it should appear, and methods that could be employed
to differentiate between officers and ratings. The final document must
balance the recognition of a mariner's accomplishment with the benefits
of efficiency and savings associated with combining multiple
credentials into one document. As noted above, we have received
comments requesting that the MMC come in various forms, including 8.5 x
11, passport size, card size, and laminated. We are taking all of these
comments into consideration and are working to create a credential that
will satisfy the needs of mariners while being as cost efficient as
possible.
The Coast Guard is also considering a different format of the MMC
for officers and ratings. If it was passport style, perhaps the cover
of an MMC with officer endorsements would appear in a different color
from that of an MMC without officer endorsements. If it were in an 8.5
x 11 format, perhaps the MMC containing officer endorsements could have
a distinctive border around it, a seal, or some other feature that
would distinguish it from an MMC without officer endorsements.
As discussed above, at this time the Coast Guard has not been
persuaded that there is a compelling need to retain the separate
credentialing process for officers and ratings which would outweigh the
benefits associated with the combined credential. In addition to the
cost benefits associated with the omission of the requirement to appear
at an REC resulting from the integration of the TWIC, the combined
credential would serve to reduce issuance fees, and would allow for
more streamlined and efficient processing at the RECs. Also, the
consolidation of the regulations would remove the many inconsistencies
that currently exist between the requirements and process associated
with approving MMDs and licenses in our current regulations. If a
format other than an 8.5 x 11 non-laminated sheet of paper is selected,
the combined credential would reduce the likelihood of tearing and
water damage that is currently associated with the license. It would
assist the Master of a vessel when determining a mariner's
qualifications under 46 CFR 15.401. It would aid the mariner in the
renewal process by providing only one credential with one expiration
date vice many. Finally, as of December 31, 2005, 41,343 mariners held
both a license and MMD, and as of July 16, 2006, 13 mariners actually
held all four credentials; the consolidation would reduce the number of
credentials that they have to carry and issuance fees that they have to
pay. For these reasons, the Coast Guard continues to believe that the
consolidation of credentials is a good idea and continues forward with
the concept in this SNPRM.
23. Medical
We received four comments that objected to the incorporation of
medical and physical guidance contained in Navigation and Vessel
Inspection Circulars (NVICs) without public review.
Policy guidance regarding the regulatory medical and physical
requirements is contained in NVIC 2-98 which is available to the public
in many places including the Internet at http://www.uscg.mil/hq/g-m/nvic/index.htm. The Coast Guard is currently working on a revision of
NVIC 2-98, which has been provided to the public for comment and is
available through the Docket Management System at docket number USCG-
2006-25080, but is not yet final as of the signature date of this
SNPRM. This proposed regulation does not seek to incorporate either
NVIC by
[[Page 3619]]
reference. The intent of the sentence placed into 46 CFR 10.215(a) in
the NPRM was to merely highlight that there is additional guidance on
medical and physical competence issued by the Coast Guard. Due to the
apparent confusion caused by that sentence, it has been removed.
One comment stated that 46 CFR 10.215 should address problems with
medical issues, but provided insufficient information to determine what
problems the commenter believed needs to be addressed.
One comment opposed allowing nurse practitioners to perform,
witness, or review the required test, exam or demonstration in proposed
section 10.215. Three comments, however, approved of the change and
requested that nurse practitioners also be allowed to consult with the
Coast Guard in the recommendation of a waiver.
Under our current regulations, licensed physician assistants are
allowed to conduct these exams. There have been no problems with this
policy. Licensed nurse practitioners are also recognized as independent
mid-level practitioners within the medical community. No problems are
contemplated with allowing nurse practitioners to provide this service
as well. As a result, we have also amended proposed section 10.215(g)
in this SNPRM to allow licensed nurse practitioners to consult with the
Coast Guard with respect to medical waivers.
One comment suggested that we remove the table and text of section
10.215 or correct it to remove STCW standards that have been
incorrectly applied to domestic mariners.
The table of section 10.215 provides a quick reference source for a
mariner to determine what test, exam or demonstration applies to the
endorsement sought. It is intended to supplement the regulatory text.
Changes have been made to the table as a result of this comment to
reflect the differences between the requirements for all mariners and
those that apply only to individuals serving on vessels to which STCW
applies.
The requirement for a demonstration of physical ability has been
removed for staff officers, applicants seeking an endorsement for
proficiency in survival craft, and food handlers serving on vessels to
which STCW does not apply. As a practical matter, however, staff
officers and those seeking endorsements for proficiency in survival
craft typically will have rating or officer endorsements that would
already require the applicant to satisfy this requirement. The language
in the table was also revised to limit the requirement for ratings to
pass a demonstration of physical ability. It now reads: ``Ratings,
including entry-level, serving on vessels to which STCW applies, other
than those listed above''. This conforms to the exception for non-STCW
mariners that existed in paragraph (e) in the NPRM and has carried over
to the SNPRM. Also in the NPRM, the demonstration of physical ability
was required for all food handlers, not just those to whom STCW
applies. Food handlers have now been broken down to those to whom STCW
applies, and those it does not.
Also, as a result of this comment, paragraph (e) was revised to
further limit the demonstration of physical ability requirement to only
those applicants whose medical practitioner, during the performance of
the applicant's general medical exam, becomes concerned that the
applicant's physical ability may impact maritime safety. It would also
apply to those applicants who are not required to pass a general
medical exam. This change was made because during the general medical
exam, a medical practitioner should be able to determine whether an
applicant's physical ability would impact maritime safety. If this is
not a concern, requiring a demonstration of physical ability is not
necessary. Finally, a new paragraph (h) has been added to the end of
the section to specifically exclude individuals only seeking MMCs with
staff officer endorsements from the requirements of section 10.215.
One comment recommended that the certifying person should be
required to certify that they are familiar with the Coast Guard's
physical standards and the rigors of marine employment.
The Coast Guard disagrees with this recommendation. Requiring
medical professionals to sign such an additional statement is
unnecessary. Forms CG-719K and CG-719K/E include a partial list of
physical demands for performing the duties of a merchant mariner. In
addition, medical professionals are referred to NVIC 2-98 discussed
above, and the regulations. These notices should be sufficient to
provide a minimal familiarization as to the Coast Guard's physical
standards and the rigors of marine employment.
One comment sought penalties for mariners who supply false
information to certifying physicians and/or employers or who fail to
disclose material information about their physical condition.
The Coast Guard agrees with the general sentiment of this comment,
but disagrees that such a change needs to be placed in our regulations.
18 U.S.C. 1001 provides criminal penalties for making a false official
statement to the Federal government. That statutory penalty applies to
any mariner that falsifies, conceals, or covers up by any trick,
scheme, or device a material fact; makes any materially false,
fictitious, or fraudulent statement or representation; or makes or uses
any false writing or document knowing the same to contain any
materially false, fictitious, or fraudulent statement or entry. The
penalty is up to five years in prison and/or a $5,000 fine, and that
increases if the offense involves international or domestic terrorism.
This penalty would apply to any material misrepresentation or omission
directly to the Coast Guard in the application, or any material
misrepresentation or omission to the mariner's physician or employer
that would affect the Coast Guard's credentialing decision.
We received 18 comments stating the inclusion of additional hearing
standards in 10.215(c) are unnecessary, and one additional comment that
the hearing test thresholds in that section are overly prescriptive and
should be substituted with a more performance-based approach that is
tied to the mariner's duties on the vessel.
Section 10.215(c) has been rewritten in this SNPRM. It has been
revised to limit the categories of mariners who must undergo the
hearing exam, and provides more information to medical professionals
conducting the exam. In the NPRM, the introductory text to paragraph
(c) referred to a different test than the hearing thresholds discussed
in subparagraphs (c) (1) and (2). This was clarified and corrected in
the SNPRM. In addition, in subparagraphs (c) (1) and (2), the word
``should'' was replaced with the word ``must'', as the proposed hearing
thresholds would be requirements, not general suggestions.
Finally, as a result of these comments, the newly proposed language
would require a hearing test only if the medical professional
conducting the general medical exam has concerns regarding the
applicant's ability to hear, and a waiver may be requested if a mariner
can pass one test but not another. We opted not to tie the hearing
thresholds to each mariner's particular duties on the vessel in favor
of minimal requirements that all mariners must meet. Such a standard
for all mariners is less subjective and serves a safety purpose in that
all mariners should be able to hear at the same minimum level.
We received 29 comments stating that the language of proposed
10.215(e) created an unnecessary burden on the mariner and physician by
requiring the physician to travel to a vessel to document a mariner's
physical ability.
[[Page 3620]]
The Coast Guard does not contemplate that every mariner must
demonstrate physical ability, nor do we contemplate requiring medical
professionals to travel to vessels to complete this test. It has,
however, always been the responsibility of the medical professional to
attest that the mariner is able to meet the physical requirements of
the job. The information contained within 10.215(e) provides clarity as
to the level of fitness necessary in the maritime industry and the
level of satisfaction the medical professional must achieve to
determine that the applicant meets these standards.
All eight of the enumerated abilities that must be satisfied to
pass a demonstration of physical ability are able to be reviewed in a
medical office. For example, a person standing on one leg anywhere can
show no disturbance in the sense of balance; any ladder or staircase
can be used to show ability to climb up and down vertical ladders and
inclined stairs; and any obstruction of similar height can be used to
show that a person can step over a door sill or coaming. Furthermore,
weights can be used to show that the applicant would have the ability
to grasp, lift and manipulate tools, and move hands and arms to open
and close valve wheels; a general medical exam should detect a disease
that would prevent normal movement and physical activity, or the
ability to respond to a visual or audible alarm; finally, the ability
to stand and walk for extended periods could be shown anywhere as could
the determination as to whether the applicant is capable of normal
conversation.
These enumerated abilities were taken from the STCW Code Table B-I/
9-2, which is guidance on the assessment of minimum entry-level and in-
service physical abilities for seafarers. These standards have been
deemed effective minimum standards for mariners in the international
community and the Coast Guard believes that they are good standards to
employ in order to ensure that U.S. mariners have the physical ability
to do their job without injuring themselves or others.
24. National Driver Register
We received one comment requesting that proposed 46 CFR
10.213(g)(1) be amended to add additional drug testing while on the
vessel. Another comment requested that the three-year look back period
in proposed 10.213(c) be extended to five years. Finally, another
comment requested that land-based driving under the influence (DUI)
convictions be given less weight than marine-based DUI convictions, and
that the burden placed on the mariner to establish qualification should
be changed so that the burden after a land-based DUI should not be as
high as the burden associated with marine-based convictions.
The purpose of this rulemaking is to consolidate the merchant
mariner qualification credentials. It is not intended to completely
revise 46 CFR Subchapter B. These three comments are outside the scope
of this rulemaking, but revisions to the drug testing requirements and
evaluation criteria may be considered by the Coast Guard in subsequent
rulemaking projects.
Twenty comments objected to an unlimited NDR check.
The Coast Guard did not intend to propose an unlimited NDR check in
the NPRM. Paragraph 10.213(b) in the NPRM contained language that
currently exists in our regulations regarding criminal record review,
but was inadvertently moved into the NDR section of the NPRM. That
section has been moved to 46 CFR 10.211(l) in this SNPRM. For the
offenses described in section 205 of the National Driver Register Act
of 1982, as amended, the Coast Guard will not be doing an unlimited
look back in the NDR, but will only look at those crimes listed in that
Act that are provided in the course of the criminal record review. The
law allows the Coast Guard to look back beyond three years only when
individuals have ongoing suspensions or revocation for NDR Act
offenses. This is not an unlimited NDR check. The Coast Guard
appreciates notification of this error.
25. Port Access
We received one comment that the Coast Guard should ensure that the
international community accepts the TWIC as a replacement MMD for shore
leave.
We agree and will provide information on the MMC and TWIC programs
to the International Maritime Organization for communication to other
parties.
One comment stated that the MMD, not the TWIC or MMC, should meet
the standards for an identification credential and allow access to
ports.
Under the statutory requirements of 46 U.S.C. 70105, a biometric
identification credential (the TWIC) must be created by the Secretary
to allow individuals unescorted access to all 33 CFR Subchapter H
regulated vessels and facilities. The MMD does not satisfy the
requirements of 46 U.S.C. 70105. For the reasons discussed above in
``Format of the MMC'', the TWIC and MMD will not be combined at this
time.
26. Posting
Seven comments stated that the requirement to post the license
would be affected by this proposed rulemaking project.
The Coast Guard disagrees with these comments. We have not changed
the requirement for posting an officer's qualification credential. This
posting requirement is required by 46 U.S.C. 7110 and cannot be changed
by Coast Guard regulation. The format of the MMC will be designed so
that posting of the officer endorsement will be possible while also
protecting the mariner's private personal information from view.
27. Preemption
One comment was received that States should not be allowed to
permissibly bar a mariner access based on stricter criteria than the
TWIC and MMC.
The MMC would be a qualification credential that would also contain
a mariner's identity information, but would not be used to obtain
access to port facilities. This comment, and the issues of State
preemption, are discussed in the TWIC rulemaking and are beyond the
scope of this MMC rulemaking.
28. Personal Privacy
Five comments objected to the requirement in the NPRM at 46 CFR
10.219(d) (2), that the front of all checks or money orders must
contain the applicant's full social security number.
Although the social security number requirement proposed in section
10.219 in the NPRM was carried over from our current regulations, due
to the increased concern over identity theft nationwide the Coast Guard
is proposing an alternative in this SNPRM. Section 10.219(d)(4) has
been revised to require that all checks and money orders contain the
applicant's full legal name and last four digits of their social
security number. The full legal name is necessary to link the
individual to the payment, and the last four digits of the social
security number would be used to differentiate between mariners who may
have common names.
Two comments were received that stated a general concern for the
protection of privacy information.
The Coast Guard is extremely concerned about the recent rise in
identity theft and recognizes the need to protect personal privacy
information. We have proposed several measures in this proposed
rulemaking to protect that
[[Page 3621]]
information. We have proposed an alternative to the social security
number requirement discussed above, we intend to design the MMC so that
personal privacy information will not be visible when posted under the
requirement in 46 U.S.C. 7110, and we will develop and test a secure
electronic data sharing system for the transmission of mariners'
application information from TSA to the Coast Guard before this rule
would become effective.
29. Public Meetings
We received 12 comments to the docket requesting additional public
meetings on the MMC NPRM.
We encourage public participation in this rulemaking. However, the
Coast Guard received a relatively small number of comments on this
rulemaking during the joint MMC/TWIC public meetings held in May and
June 2006, and additional public meetings will not be held on the TWIC
rulemaking project during the 90 day comment period for this MMC SNPRM.
For those reasons, the Coast Guard does not intend to hold additional
public meetings on this rulemaking at this time. Written and oral
comments are given equal weight in the rulemaking process. Please
submit written comments to the docket for this rulemaking project,
which is available by conducting a simple search for docket number
24371 at http://www.dms.dot.gov. If, after reading this SNPRM, you
believe that additional public meetings would be beneficial, please
submit a request to the docket explaining why one would be beneficial.
If the Coast Guard determines that additional public meetings would aid
this rulemaking, we will provide advance notice in the Federal
Register.
30. Regulatory Requirements
We received five comments that this rulemaking fails to resolve
outstanding issues in the STCW Interim Rule published June 26, 1997 at
62 FR 34505.
This rulemaking is not intended to close or finalize the STCW
rulemaking project. A Coast Guard rulemaking team is currently working
on a Supplementary Notice of Proposed Rulemaking for that project that
will address the public comments received on that Interim Rule, propose
additional changes to the regulations to conform U.S. regulations to
the STCW Code and Convention, and take additional public comment.
We received two comments that this rulemaking fails to resolve
outstanding issues within the MMD and Licensing Interim Rules.
This rulemaking project is not intended to close or finalize either
the Validation of Merchant Mariner's Vital Information and Issuance of
Coast Guard Merchant Mariner's Documents (MMDs) (docket number USCG-
2003-14500, the ``MMD rule''), or Validation of Merchant Mariner's
Vital Information and Issuance of Coast Guard Merchant Mariner's
Licenses and Certificates of Registry (docket number USCG-2004-17455,
the ``Licensing rule''), projects. The Coast Guard intends to publish
final rules on those projects to address the public comments received,
and make any appropriate adjustments to the regulatory text as a result
of those comments. This MMC rulemaking would, however, effectively
address the bulk of the negative comments received to those rulemaking
projects by removing the requirement that mariners appear at least once
at one of the 17 RECs to be fingerprinted by, and show identification
to, an REC employee. The majority of the comments received in the
dockets to those rulemakings complained that the location of the 17
RECs require mariners to travel a great distance.
This proposed MMC rulemaking would remove, or at least reduce, that
burden on mariners by removing the REC requirement and allowing them to
apply for the MMC entirely by mail unless an examination is required.
Instead, mariners would complete the fingerprint and identification
portion of the MMC application process at one of the many TWIC
enrollment centers spread across the country. This rulemaking, although
proposing to remove the appearance requirement, will not finalize or
close either the MMD or Licensing rulemaking projects. Final rules for
those projects are expected to be drafted and published after the
completion of this rulemaking project and the STCW rulemaking project
discussed above.
One comment stated that the current language of our regulations in
Subchapter B is poorly written and contains many issues that have not
been addressed by this rulemaking. It suggested that we start from
scratch, rewriting the Subchapter, instead of continuing to use
existing regulatory language.
In this rulemaking, the Coast Guard decided to use the existing
regulatory language wherever possible. This was done in an effort to
make as few substantive changes as possible while consolidating the
credentials into one while also adapting the system to transfer the
security and identity verification process to TSA. The Coast Guard is
currently undertaking many different actions, both regulatory and non-
regulatory, to improve the merchant mariner credentialing process.
There are currently five open Coast Guard rulemaking projects involving
Subchapter B: (1) This rule, (2) the MMD rule, (3) the Licensing rule,
(4) Implementation of 1995 Amendments to the International Convention
on Standards of Training, Certification and Watchkeeping for Seafarers,
1978 (docket number USCG-2004-17914, the ``STCW rule''), and (5)
Training and Service Requirements for Merchant Marine Officers (the
``Radar rule'') (docket number USCG-2006-26202). Each of these
rulemaking projects is intended to address different issues within
Subchapter B. Once these five rulemaking projects are completed, the
Coast Guard intends to open a sixth rulemaking project unofficially
referred to as the Subchapter B Revision, which would clean up the
entire subchapter, to improve upon clarity, readability, correct
editorial inconsistencies and make non-substantive procedural changes.
Three comments pointed out that the MMC NPRM did not appear in the
Spring 2006 Regulatory Agenda.
The commenters are correct. At the time that information for the
Spring 2006 Regulatory Agenda data call was requested, the substance of
this regulation was incorporated into the TWIC rulemaking project, so
it was not independently referenced. Now that it has been separated
from TWIC and is an independent rulemaking project, it has been
assigned Regulatory Identification Number 1625-AB02 and was included in
the Fall 2006 Regulatory Agenda.
Three comments requested that the Coast Guard slow implementation
of the TWIC and MMC.
Discussion of the implementation schedule of the TWIC is outside
the scope of this rulemaking however, implementation of the card reader
requirements has been delayed. A discussion of the TWIC implementation
schedule and the delay in implementation of the reader requirements is
provided in the TWIC final rule published elsewhere in today's Federal
Register.
With respect to the MMC, if made effective, the proposed
regulations in this SNPRM would not be implemented until approximately
August 2008. This long delay before implementation has been proposed to
allow all merchant mariners to obtain a TWIC before this proposed
regulation would make it mandatory for the issuance of an MMC. The
delay would also allow time for the Coast Guard to develop the form of
the new credential and produce a sufficient
[[Page 3622]]
supply before the date of issuance. Furthermore, the delay would
provide time to build and test the system that will transmit each MMC
applicant's digital photograph, fingerprints, proof of identification,
proof of citizenship, and if applicable, the applicant's criminal
record and proof of legal resident alien status to the Coast Guard from
TSA. The protection of this personal data is extremely important to the
Coast Guard and TSA and we have planned this delay to allow sufficient
time to test the system to ensure the security of that data. In
addition, the new credential would be phased in over a five year
period. A mariner would not be required to obtain an MMC until he or
she either chooses to renew or upgrade their current MMD, license, COR
or STCW endorsement, or they chose to apply for an MMC after this
proposed rule is made effective. We find any additional delay to be
unnecessary.
One comment stated that this is a substantive rulemaking.
We agree. This is a substantive, non-significant rulemaking. It
proposes substantive changes to the Coast Guard's regulations that are
not merely procedural or technical in nature, but will actually affect
the public. Because this is a substantive rulemaking, the Coast Guard
has published both an NPRM and SNPRM in the Federal Register and is
seeking public comment to assist us in the rulemaking process.
We received one comment requesting that the Coast Guard hold the
MMC regulatory project in abeyance until the TWIC regulatory project
becomes final.
We agree in part with the commenter. The TWIC regulatory project
published a final rule elsewhere in today's Federal Register. That
final rule will become effective 60 days from today. This SNPRM,
however, will remain open for a 90 day comment period after which it
will be withdrawn, amended, or made effective through the publication
of a final rule. At this time, the Coast Guard expects that a final
rule would not be published for this rulemaking until some time in
2007, and that it would not become effective until approximately August
2008. This long period of time will allow enough time for the receipt
and analysis of public comments, and would allow mariners to obtain a
TWIC before this rulemaking would make them mandatory for the issuance
of MMCs. The estimated August 2008 time period coincides with the
expected close of the TWIC initial rollout period as established by
today's TWIC final rule. As the MMC is reliant upon the TWIC
enrollment, not the TWIC card readers, we are not tying this MMC rule
to the card reader portion of the TWIC rulemaking project.
31. Renewals and Duplicates
We received one comment that requested a lower standard of safety
and suitability review for renewals and duplicates than that required
for originals; one comment that requested no safety and suitability
review for renewals and duplicates; and one comment stating that a
mandatory criminal history review for duplicates will add unnecessary
time to the application review process.
We agree in part. We agree that requiring a mariner to undergo an
additional safety and suitability review simply to obtain a duplicate
credential with the same expiration date as the lost credential is
unnecessary. A mariner who has undergone a safety and suitability
review to obtain his or her five-year credential should not have to
undergo an entirely new review, and the time associated with that
review, simply because he or she lost the first credential. Changes
have been made in this SNPRM to sections 10.211(b) and 10.229(f) to
remove that requirement. This change should result in a reduction in
the processing time for duplicate credentials.
The Coast Guard disagrees that mariners seeking renewals should be
exempt from a safety and suitability review or that they should be
subjected to a lesser standard. As an example, an officer could be
involved in a DUI in year three of his credential, and in year four, he
or she could be convicted of another. Under the existing and proposed
regulations, that mariner would no longer be eligible for a license or
MMC with an officer endorsement. Exempting that mariner from the safety
and suitability review at renewal would prohibit the Coast Guard from
learning of those DUI offenses. The Coast Guard, industry and
international community rely on the safety and suitability review in
the credential application process to ensure that merchant mariners
working aboard commercial vessels do not present a safety hazard, and
that they actually have the qualifications necessary to serve in their
applicable grade and/or rating. Simply because a mariner was deemed
safe and suitable at the initial application for their credential does
not mean that they should be held to a lesser standard for the
remainder of their career. To do so would essentially make the
expiration date on the credential meaningless. Subjecting renewal
applicants to a lesser standard would only increase the possibility of
more safety incidents at sea, which is something the Coast Guard is
working hard to prevent.
The Coast Guard sees a need for, and a value in, each and every one
of its safety and suitability related disqualifying offenses and
qualification requirements. Creating a lesser standard or removing them
entirely for renewals would almost certainly lead to an increase in
safety incidents, and would not be in the best interests of safety of
life at sea.
32. Suspension and Revocation
One commenter was concerned about the effect that suspension or
revocation would have on the remaining endorsements to a mariner's MMC
when some, but not all of that mariner's endorsements are suspended or
revoked.
Amendments have been made to 46 CFR 10.235(b) and (d) to address
this issue. If one or more of a mariner's endorsements are revoked, the
Coast Guard will issue an MMC containing any remaining endorsements for
which the holder is qualified.
33. Safety and Suitability
We received one comment that sought a change in the suspension
period for operating a vessel under the influence of illegal drugs to
greater than one year and an increase in the assessment period so that
it is longer than that applied to shore-based violations.
This recommendation is beyond the scope of this rulemaking, which
is not intended to alter the safety and suitability assessment
requirements. This rulemaking is intended only to make those changes
necessary to consolidate the credentials, and streamline the
application process. This recommendation may be considered, however, in
future rulemaking projects.
We received two comments that requested the Coast Guard recognize
expungements.
Like the comment discussed above, this comment is outside the scope
of this rulemaking; however, the reason the Coast Guard does not
automatically recognize expungements is that each State varies in the
crimes and associated time periods after which they will grant record
expungements. Some States grant expungements in a shorter time period
than the assessment periods in subchapter B. Because there is no set
national standard for expungement of State crimes within our assessment
period, the Coast Guard has chosen to continue to review criminal
records regardless of expungement.
One commenter requested that the Coast Guard provide an exact
methodology and judgment criteria for
[[Page 3623]]
our safety and suitability review and how it is affected by TWIC.
The Coast Guard's safety and suitability review will not be
affected by TWIC other than that if a mariner is not granted a TWIC he
or she cannot be granted an MMC, therefore making the Coast Guard's
safety and suitability determination unnecessary. The TWIC will remove
the security review from the Coast Guard's credentialing process, but
it will not otherwise affect the Coast Guard's determination as to
whether an individual is a safe and suitable person to serve in the
merchant marine. The crimes that will prohibit an applicant from
receiving a TWIC are no more expansive than those that would prohibit
an applicant from receiving an MMD or license under the Coast Guard's
current regulations.
With respect to the methodology and judgment criteria for our
safety and suitability review, the Coast Guard has the authority to
review an applicant's safety and suitability under Chapters 71 and 73
of Title 46, United States Code. To determine whether a mariner is a
safe and suitable person, the Coast Guard reviews that applicant's full
application material. All training, sea service, medical evaluations,
records, and criminal records are reviewed for this determination. A
person fails to meet the safe and suitable person standard when the
circumstances indicate that the person's character and habits of life
would support the belief that permitting such a person to serve under
the credential and/or endorsement sought would clearly be a threat to
the safety of life or property, detrimental to good discipline, or
adverse to the interests of the United States. The definition for
``safe and suitable person'' in 46 CFR.107 has been modified in this
SNPRM to include these judgment criteria.
34. Miscellaneous Comments Outside the Scope of This Rulemaking
We received two comments requesting that we include well-control
training program provisions to 46 CFR 10.470.
This request is outside the scope of this rulemaking as it does not
involve the consolidation of credentials or the process for reviewing
mariner credential applications. The Coast Guard has chosen not to
include these program provisions in the regulations at this time.
We received one comment requesting the Coast Guard to revise the
tonnage service requirements for license upgrades.
This too, is beyond the scope of this rulemaking; however, it will
be addressed in the upcoming STCW rulemaking project.
We received one comment requesting consistency with respect to the
12-hour service time requirement.
Such a change is beyond the scope of this rulemaking; however, the
Coast Guard has recently disseminated guidance to our application
evaluators on this issue to assist in the consistent application of the
12-hour service time requirement. Additionally, in this SNPRM we have
removed the language from the definition of ``day'' in 46 CFR 10.107.
35. Support for the Rulemaking
The Coast Guard received the following comments in support of the
NPRM:
27 comments agreed with the need for increased rational national
security measures.
One comment supported the proposal to renew credentials by mail.
One comment supported the proposal to allow oaths to be taken
before a notary public and be submitted by mail.
Two comments supported the consolidation of credentials into one
document and the associated $45 reduction in cost associated with
renewing multiple credentials.
One comment supported the five year phase in period, saying that it
will greatly reduce the backlog of applications and give mariners the
opportunity to complete the process at a convenient time.
Three comments supported the proposal for numerous mobile
enrollment centers and the associated ease in staff burdens at the
RECs. One of those commenters also encouraged TSA to establish an
enrollment facility at large refineries and petrochemical facilities.
The location of TSA's enrollment facilities are discussed in the TWIC
rulemaking.
18 comments were generally in favor of consolidating the merchant
mariner credentials, and four of those comments went further to state
that in general, the changes proposed to the MMC are beneficial to the
mariner and include several positive features that will make the
systems simpler and more user friendly.
One comment encouraged the sharing of information between the Coast
Guard and TSA.
One comment stated that the option to renew MMCs at any time prior
to the expiration of the old credentials is common sense and more
convenient for mariners.
36. Travel
We received one comment that sought an increase in the number of
application and examination centers; one comment that showed a general
confusion about the appearance requirement; and 10 comments complaining
about the heavy burden on mariners caused by the requirement to travel
to an REC.
If this proposed MMC regulation goes into effect, mariners will
only have to travel to the REC if an examination is required. The MMC
application process could be done entirely by mail. There would no
longer be a requirement to appear at one of the 17 RECs at least once
in the application process. Instead, mariners are required by the TWIC
rule to travel to one of the approximately 125 TWIC enrollment centers
spread across the country. It is expected that there will be
approximately 125 TWIC enrollment centers for initial rollout, however,
the exact number, their locations, and the number that will remain in
operation after initial roll out has yet to be determined. This
information will not be known until a contract is awarded, but the
Coast Guard is working with TSA to locate them in areas that will
reduce the travel burden on mariners.
The TWIC/MMC enrollment process would work like this: To begin, a
mariner would have the option of going online to provide pre-enrollment
information for the TWIC to reduce the amount of time at the TWIC
enrollment center. They would then travel to one of the many TWIC
enrollment centers to be fingerprinted, photographed, show proof of ID
and complete the TWIC application process. At any time after they have
applied for their TWIC, the mariner would be able to mail his or her
MMC application to the Coast Guard. The Coast Guard would then contact
TSA to obtain electronic copies of the applicant's fingerprints,
photograph, ID, and if applicable criminal record, FBI number and proof
of alien status. If an examination is required, the mariner would be
contacted to schedule the examination after the initial evaluation is
completed. Once the TWIC has been issued, the MMC application approved,
and the examination(s), if necessary, are completed, the MMC would be
mailed to the applicant.
The RECs would remain open and mariners would be allowed to apply
in person or seek assistance from REC personnel if they choose.
Although the RECs would remain available to the mariner, mandatory
appearance would no longer be required. This proposed change should
result in a cost savings to mariners. The reduction in burden and the
expected cost benefits from this proposed rulemaking are discussed
further in the Regulatory Evaluation section below.
[[Page 3624]]
We received one comment seeking more detail on how mariners can
select an application location.
The TWIC enrollment center locations will be established by TSA.
Just like the current process with Coast Guard RECs, merchant mariners
would be allowed to appear at any TWIC enrollment center they choose.
TSA will be conducting initial enrollment on a rolling basis, standing
up enrollment centers in different locations in phases. Merchant
mariners are allowed to visit any of the TWIC enrollment centers at any
time during the 18 month initial enrollment period. Some vessels or
facilities may begin to use the TWIC for access control once enrollment
has been completed in their geographic location. Because mariners are
inherently mobile, they may need to visit one of the vessels or
facilities that begin to use TWIC earlier in the initial enrollment
period and a temporary exception has been created that will allow
unescorted access to vessels and facilities with MMD or picture
identification in addition to license or COR. This temporary exception
only applies during the initial roll out period. All credentialed
merchant mariners must obtain a TWIC by September 25, 2008. For more
information on TWIC enrollment and the implications for merchant
mariners, please read the TWIC final rule published elsewhere in
today's Federal Register.
37. Vetting
One comment requested that the Coast Guard remove 46 CFR 10.211(e)
because it applies to security vetting and mariners are entitled to
disclosure of the reason for denial in all cases.
We agree in part. The entire paragraph has not been removed, but it
has been amended. The language in question was inserted in the NPRM in
case an applicant was refused a credential based on confidential
national security information that was not releasable to the public, or
even to the applicant. If this rulemaking becomes effective, the Coast
Guard would only be vetting mariners for safety and suitability, no
longer making a determination as to security threat, so there should
not be a situation in which we would encounter such a protected reason
for denial. Accordingly, paragraph 10.211(e) has been amended in this
SNPRM to remove the words: ``unless the Coast Guard determines that
such disclosure of information is prohibited by law, regulation, or
agency policy''. The language also appeared at 46 CFR 10.237(b) in the
NPRM. That section has been moved in this SNPRM to 46 CFR 10.237(a) and
has also been revised to remove this language.
One comment requested that the Coast Guard ensure consistency
between the TWIC and MMC with respect to homicide.
In this instance, the Coast Guard believes that the inconsistency
in the disqualifying crimes for TWIC and the MMC is appropriate. The
TWIC regards murder as a permanently disqualifying crime for security
vetting under 49 CFR 1572.103 of the proposed TWIC regulations. As with
the current hazardous materials endorsement regulations, TWIC
applicants will be allowed to seek waivers of disqualifying crimes.
With respect to the hazardous materials endorsement, these waiver
requests have been frequently granted. The Coast Guard has consistently
split homicide into the categories of intentional (i.e., murder) and
unintentional, with the assessment period for intentional homicide
being a minimum of 7 to a maximum of 20 years. This assessment period
has not been changed in these proposed regulations.
The crimes listed in 46 CFR table 10.211(g) rarely overlap with the
TWIC disqualifying crimes, but when they do, it is because that crime
has a link to national security as well as safety and suitability. The
Coast Guard and TSA would be reviewing these crimes for very different
purposes. A record that may not rise to the level of a national
security threat may rise to the level of a safety risk. The Coast Guard
believes that we must retain those crimes that have a nexus to safety
in the event that they are waived by TSA after the determination that
the individual does not pose a threat to national security. Because of
the remote locations and isolation associated with the mariner's
workplace, the Coast Guard intends to continue reviewing intentional
and unintentional homicide convictions in our safety and suitability
review as we have for decades.
One comment stated that the Coast Guard should accept the American
Bureau of Shipping (ABS) identification process and background check as
meeting the TWIC process and issue TWIC cards based on it.
The background check and issuance of the TWIC is outside the scope
of this rulemaking. Discussion of the TWIC background check and
requirements for issuance can be found in the TWIC final rule published
elsewhere in today's Federal Register.
One commenter stated that the current vetting process conducted by
the Coast Guard for mariners meets or exceeds the standards of the
hazardous materials endorsement vetting process proposed for TWIC. We
also received one comment that the Coast Guard should enhance our
vetting process to meet the requirements of 46 U.S.C. 70105.
Since February 3, 2003 for MMDs, and January 13, 2006 for licenses,
the Coast Guard vetting process has met the TWIC vetting standards with
respect to merchant mariners. Because of this, we have worked with TSA
to create an exemption from the criminal record review and a related
reduction in the TWIC application fee for mariners holding credentials
issued after those dates. To remove the duplication of effort, and
reduce the size of the MMC review process, this SNPRM would completely
remove the Coast Guard's security vetting process and transfer that
review entirely to TSA. MMDs and licenses do not, however, meet the
standards for the 46 U.S.C. 70105 mandated biometric identity
credential. For the reasons discussed above in ``Format of the MMC'',
the MMD, license and proposed MMC will not be able to meet the format
and readability standards that would exist with the TWIC.
We received 41 comments stating that the Coast Guard and TSA should
not conduct duplicate background checks. We received five additional
comments that only one background check should be conducted and that it
should be done by the Coast Guard, and one comment generally objecting
to the Coast Guard conducting background checks. We received one
comment that the Coast Guard and TSA should not conduct duplicate
identity verification.
At this time, the option of having either TSA or the Coast Guard
conduct all required background checks for individuals who require both
an MMC and the TWIC is not feasible. TSA has established a system and
process for ensuring individuals applying for the TWIC undergo a
consistent security threat assessment and the USCG already has the
authority and process in place for conducting the required safety and
suitability checks for mariners. To create a new and unique system of
background checks for approximately one fifth of the expected initial
TWIC population would create the need for additional infrastructure
within one agency and raise costs for the government and the entire
TWIC population. In addition, the Coast Guard has more expertise and
authority over the merchant marine than TSA and is in a much better
position to determine whether an applicant is safe and suitable to
serve in the merchant marine at the grade or rating sought. At this
[[Page 3625]]
time, the most efficient and cost effective method available for
issuing TWICs to credentialed mariners is to have TSA conduct the
security threat assessment and issue the identity document (TWIC) while
the USCG issues qualifications on the MMC.
In addition, requiring only one criminal record review for both
security and safety related crimes by one agency would negatively
impact mariner flexibility. If only one background check were to occur,
mariners would be required to apply for their MMC only at the time they
applied for their TWIC. As currently proposed, the MMC and TWIC
expiration dates need not align. This allows an individual who works at
a port to decide later that he or she wants to become a merchant
mariner. In addition, for those mariners who already hold a MMD,
license or COR, they need not renew their credential upon the initial
issuance of their TWIC because the effective period of their current
credential is not affected by this proposed regulation. If we were to
require only one background check by TSA for all mariners, the mariner
credential would have to come into line with the expiration date of the
TWIC. Requiring mariners who already hold credentials to renew so that
their credential's expiration date matches their TWIC expiration date
is currently impossible from a legal standpoint due to the statutory
requirement that licenses and MMDs have a five year validity period
under 46 U.S.C. 7106 and 46 U.S.C. 7302. Such a requirement would
inherently shorten that five year duration. Finally, requiring only one
security/safety/suitability criminal record review by TSA at the time
of application would affect individuals who would like to seek raises
in grade or new endorsements on their MMC during the five year validity
period. The list of disqualifying offenses for officers is more
extensive than that for ratings. Requiring TSA to run a new background
check simply to determine a mariner's safety and suitability, when a
TWIC application is not in process, would be improper.
Finally, both agencies will not verify the applicant's identity.
The applicant will show proof of identity to TSA who will then share
that identity information with the Coast Guard. The Coast Guard will
trust TSA's identity verification determination. The only reasons we
will require the identity information from TSA are (1) We need to affix
the mariner's photograph to the MMC; (2) we need to verify the
individual's age before issuing certain endorsements; and (3) we need
to verify that the applicant meets the citizenship requirements for the
endorsement sought because the citizenship requirements for the MMC are
more strict than those required for the TWIC. The citizenship
requirements for the MMC are established by statute in 46 U.S.C.
chapters 71 and 73, and appear in proposed 46 CFR 10.221. These
requirements have not been changed from the current citizenship
requirements for MMDs, licenses or CORs.
On October 17, 2006, Congress passed the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109-364). In
that Act, Congress amended 46 U.S.C. 8103 to permit an alien allowed to
be employed in the U.S. under the Immigration and Nationality Act who
meets additional requirements for service as a steward aboard large
passenger vessels to obtain an MMD. Although language has not been
proposed in this rulemaking to address this new statutory authority,
the Coast Guard is aware of it and is initiating a separate rulemaking
to address these new requirements.
We received three comments expressing concern that the TWIC
background check will prevent an individual from obtaining an MMC.
With very few exceptions, the TWIC requirements are equal to, if
not less than, those requirements currently in Coast Guard regulations
for MMDs, licenses and CORs. Furthermore, TWIC applicants are allowed
to seek a waiver of any disqualifying offense, and appeals of negative
waiver determinations are determined by an Administrative Law Judge. By
the language of 46 U.S.C. 70105, ``The Secretary shall issue a
biometric transportation security card to an individual specified in
paragraph (2), unless the Secretary decides that the individual poses a
security risk under subsection (c) warranting denial of the card.'' If,
under the current Coast Guard regulatory program, an individual applies
for a MMD, license, COR or STCW endorsement, and that individual is
deemed a security risk, the individual's application will be denied. If
the individual is deemed ineligible for a TWIC, they should not be
granted an MMC.
We received one comment expressing concern that applicants would be
able to get a TWIC but would be denied an MMC because of higher
standards.
The standards for the MMC and the TWIC are intentionally different,
because the intent and purpose of the credentials are different. The
TWIC is intended to prevent individuals who pose a terrorism security
risk from gaining access to secure areas of title 33 CFR Subchapter H
regulated vessels and facilities. The MMC, however, is intended to
serve as a certificate of identity and a certificate of service,
specifying the grade and rating in which the holder is qualified to
serve on board commercial vessels. More individuals will qualify to
receive a TWIC (because they do not pose a security risk) than would
possess all of the qualifications necessary to serve as a merchant
mariner aboard commercial vessels.
The qualification standards for the MMC have been kept, in large
part, the same as those that are currently required to obtain an MMD,
license, COR or STCW endorsement. With few exceptions as set out in
this SNPRM, and the NPRM published May 22, 2006 in the Federal Register
at 71 FR 29462, the standards for mariners have remained the same. Just
as in the current regulations, if a mariner poses either a safety risk,
or a security risk, he or she would be denied a mariner credential.
Higher qualification standards are necessary for the MMC than for the
TWIC as it will include a safety and suitability assessment due to the
inherently dangerous nature of a career in the merchant marine, and the
remote location and isolated workplaces associated with maritime
transportation.
We received two comments that mariner fingerprints are already on
file with the Coast Guard and therefore there should be no need for
mariners to travel to a TWIC enrollment center to provide them again.
Although mariners are currently required to visit Coast Guard RECs
to be fingerprinted, because the Coast Guard has had no use for the
fingerprints other than to obtain the applicant's Federal Bureau of
Investigation (FBI) criminal record, these fingerprints are not stored
by the Coast Guard. The fingerprint images are immediately transferred
to the FBI for processing, where they become property of the FBI. These
fingerprints are not returned to the Coast Guard.
We received one comment that MMCs should not be denied based on
statutes that impose strict criminal liability or liability based upon
ordinary negligence or criminal violations of environmental law.
We disagree. The crimes listed in 46 CFR 10.211(g) were not changed
from the Coast Guard's current credentialing regulations, because of
their nexus to safety and the determination of suitability for the
merchant marine. The only crimes that do not appear in these proposed
regulations but exist in our current regulations are those involving
national security. Those crimes would be removed because TSA is
reviewing
[[Page 3626]]
them and the Coast Guard does not need to conduct a duplicate review of
those offenses.
As for crimes based on statutes that impose strict criminal
liability or liability based on ordinary negligence, the Coast Guard
has determined that lack of intent should not exempt individuals from
being considered a risk to safety or considered unsuitable for the rank
or rating sought. Acting negligently, or failing to take reasonable
care to meet a specific standard of conduct established to protect
against an unreasonable risk of harm to others, resulting in a
conviction for one or more of the offenses listed in 10.211(g) is
certainly behavior that could denote an increased likelihood that the
individual could pose a risk to safety. Furthermore, engaging in
inherently dangerous activity is typically associated with strict
liability crimes, and shows that the individual is likely to act in
reckless or risky behavior that could result in a safety incident or
otherwise make the individual unsuitable for the merchant marine.
Finally, the Coast Guard believes that individuals who have
criminal violations of environmental laws involving the improper
handling of pollutants or hazardous materials could pose a risk to the
safety of the environment and could be unsuitable to serve in the
merchant marine. Individuals with prior records of improper handling of
pollutant materials have an increased likelihood of causing further
damage to the environment if provided access to the large amount of
pollutant material and possibly hazardous material aboard commercial
vessels. The disqualifying criminal offenses have not been altered in
this proposed rulemaking with respect to criminal violations of
environmental laws.
We received four comments that opposed the Coast Guard's
requirement for self disclosure of criminal convictions.
The Coast Guard disagrees, and has not eliminated the requirement
for applicants to disclose possible or actual disqualifying crimes for
several reasons. First, there is no guarantee that an arrest and
conviction are documented in automated police records, particularly
those police records maintained at the State and local levels.
Disclosure of this information provides the Coast Guard the ability to
know where to start looking in the correct Federal, State or local
databases, either electronically or by mail, if records are not
accessible through electronic means. Second, people assume new
identities to either hide on-going or past criminal activities, or just
as a matter of course (marriage, nickname, etc.) which makes it
difficult to locate records and verify that they actually relate to the
applicant. Third, there is no worldwide criminal record database.
Without personal disclosure of foreign convictions, it is extremely
difficult for the Coast Guard to know which countries to approach for
records. Finally, requiring full disclosure from applicants supported
by background checks demonstrate that the Coast Guard is putting as
many processes in place as possible to ensure that the highest
standards are met before issuing something as important as merchant
mariner credentials. We welcome comments on the possibility of limiting
this disclosure requirement to only those convictions not previously
disclosed on a merchant mariner application.
B. Recommendations From Advisory Committees
The following recommendations were received from the Towing Safety
Advisory Committee:
1. Extend the Public Comment Period 90 Days
As discussed above, in lieu of extending the public comment period
on the NPRM 90 days, we have published this SNPRM addressing the
comments already received, and providing additional changes to the
proposed regulation in light of those comments. A 90 day comment period
has been provided for this SNPRM.
2. Provide for Additional Public Meetings in the Gulf Coast, Great
Lakes and Northwest
We encourage public participation in this rulemaking, however, the
Coast Guard received a relatively small number of comments on this
rulemaking during the joint TWIC/MMC public meetings held in May and
June 2006, and additional public meetings will not be held on the TWIC
rulemaking project during the 90 day comment period for this SNPRM. For
those reasons, the Coast Guard does not intend to hold additional
public meetings on this rulemaking at this time.
Written and oral comments are given equal weight in the rulemaking
process. Please submit written comments to the docket for this
rulemaking project, which is available by conducting a simple search
for docket number 24371 at http://www.dms.dot.gov. If, after reading
this SNPRM, you believe that additional public meetings would be
beneficial, please submit a request to the docket explaining why one
would be beneficial. If the Coast Guard determines that additional
public meetings would aid this rulemaking, we will provide advance
notice in the Federal Register.
The following recommendations were received from the Merchant
Marine Personnel Advisory Committee (MERPAC):
1. MERPAC strongly recommends that TSA remove mariners from the
TWIC project. TSA should modify the existing credential that most
mariners already have, as this document, with the photo of each mariner
already meets the standards called for in 46 U.S.C. 70105. By updating
and creating new biometrics in the existing MMD, or creating a new MMC,
mariners could meet the intent of TSA without the duplicative effort of
the TWIC.
Through 46 U.S.C. 70105, Congress has directed the Secretary of the
Department of Homeland Security to issue a biometric transportation
security card to all individuals who need unescorted access to secure
areas designated in a vessel or facility security plan; individuals
issued credentials under part E of subtitle II of Title 46 U.S.C.
(credentialed mariners); vessel pilots; individuals working on a towing
vessel that pushes, pulls, or hauls alongside a tank vessel; certain
individuals with access to security sensitive information; and other
individuals engaged in port security activities.
The House Committee Report, written when the statute was still a
bill, but contained the language that was passed, states ``Section
70105 establishes a national standard for issuance of biometric
transportation security cards whose purpose is to control access to
secure terminal areas to only authorized personnel.'' The Department of
Homeland Security has interpreted this language, and the language of
the statute itself, to exhibit a Congressional intent that the
Secretary create a single biometric identification credential. This
national biometric transportation security card is to be used at all 33
CFR Subchapter H regulated vessels and facilities by everyone to whom
the statute applies. Such a uniform requirement would improve security
and reduce fraud through the creation of a single, recognizable
identity credential instead of multiple credentials that would be
dependant on the type of function that the individual would serve at
the vessel or facility.
The population of individuals covered by 46 U.S.C. 70105 includes a
large number of individuals outside of the merchant marine. Altering
the MMD to include biometric capabilities would not only fail to
satisfy the requirement
[[Page 3627]]
for all of the people to whom the Secretary must issue the credential,
but it would not even cover the entire population of mariners that are
affected by the statutory mandate. Altering the MMD to include
biometric capabilities would cover only those people who carry an MMD.
As of December 31, 2005, of the total estimated 205,000 merchant
mariner population, 67,637 held only an MMD; 41,343 mariners held both
a license and MMD; and 27,790 mariners held a license, MMD and STCW
endorsement (the remainder hold a license only, which is not an
identity document).
Allowing the MMD to serve as an alternate to TWIC would violate
this concept of a single uniform nation-wide credential for all. Also
for this reason, we have opted not to consolidate the merchant mariner
credentials into the MMC with a biometric chip. Although this option
would be more expansive because it would at least create a uniform
biometric credential for all merchant mariners, it would not reach the
other categories of people included under the 46 U.S.C. 70105
requirement, and would therefore violate the intent and benefits that
could be derived from a single nation-wide standard.
There are many other reasons why the Department of Homeland
Security has chosen not to place a biometric on the MMD or MMC in an
attempt at satisfying this statutory mandate. One of these reasons is
cost. The process proposed in this SNPRM would allow all mariners to
apply for their MMC entirely by mail. Mariners would apply for their
TWIC by going to one of the over 125 TWIC enrollment centers to be
fingerprinted, photographed, show proof of identification and
citizenship status. TSA would then share this information
electronically with the Coast Guard. This proposed regulation would
result in a cost savings for mariners because it would completely
remove the need for all mariners to travel to one of the 17 Coast Guard
RECs. As proposed, the Coast Guard would no longer conduct identity
verification and security vetting. If the MMD or MMC was to be re-
vamped to include a TWIC-like biometric chip, then those mariners who
would get the MMD or MMC would have to travel to one of the 17 RECs,
instead of the 125 TWIC enrollment centers, to submit their application
information. This would be more of an inconvenience to the mariner as
125 locations are more likely to provide a shorter travel distance than
the Coast Guard's current 17 REC locations.
TWIC enrollment centers are for the gathering of information from
TWIC applicants only. Even if that were not the case, the collection of
application information, security vetting and the maintenance of the
database make up most of TSA's TWIC program expenses. The only cost
that would be saved if mariners were allowed to apply there but not
required to actually hold a TWIC would be the actual production cost of
the TWIC card itself. Because those expenses must be recovered in user
fees, this would result in a fee to mariners even if a TWIC card wasn't
actually issued.
Adding a chip to either the MMD or MMC would also add costs. Adding
a biometric chip to either the MMD or MMC would be more expensive to
produce. Right now, this SNPRM does not propose to change the fees for
the MMC from those that are currently charged for the license and MMD.
If the Coast Guard changed the MMD or MMC to conform to the TWIC
technology, the cost of the credential would increase.
The final option considered was to incorporate all of the merchant
mariner qualification information onto the TWIC. This is a goal that
the Coast Guard hopes to reach some time in the future; however, it is
simply not feasible at this time. STCW requires foreign port state
control officers to be able to read a mariner's qualification
credentials, and not all countries have the ability to read smart
cards. It is impractical, and for some it may be impossible, to print
all of the information that will appear on an MMC on the face of the
TWIC. At some point in the future the Coast Guard hopes that new
technology will be available, costs will be reduced, and international
capabilities will exist to make this a viable alternative.
For these reasons, the Coast Guard and TSA have opted to present
two separate, but linked credentials: a TWIC as the biometric security
card required in 46 U.S.C. 70105, and the MMC as the consolidated
qualification credential for merchant mariners.
2. Given the size, complexity, and impact of these three rulemaking
proposals, MERPAC recommends an extension of the comment period for at
least another ninety days. For example, many U.S. mariners are onboard
vessels for over three months at a time. They will not have an
opportunity to comment under this truncated comment period. U.S.
mariners are low-risk, there does not seem to be any overriding
national security interest that would necessitate such a short comment
period. It is better to implement it correctly the first time.
We agree with the need to provide merchant mariners additional time
to comment on these complex regulations. For that reason, we have
published this SNPRM, addressing the comments received to date and
republishing the complete proposed regulatory text reflecting changes
made in light of those comments. The Coast Guard has provided a 90 day
comment period to collect comments to this SNPRM.
3. MERPAC recommends that the Coast Guard delay implementation of
the MMC, separating the implementation of the MMC from the TWIC
implementation, until the TWIC program is deemed successful.
Delay has been built into the timeline for the proposed
implementation of this rulemaking. If made effective, the proposed
regulations in this MMC SNPRM would not be implemented until
approximately August 2008. This long delay before implementation has
been proposed to allow all merchant mariners to obtain a TWIC before
this proposed regulation would make it mandatory for the issuance of an
MMC. The delay would also allow time for the Coast Guard to develop the
form of the new credential and produce a sufficient supply before the
date of issuance. Furthermore, the delay would provide time to build
and test the system that will transmit each MMC applicant's digital
photograph, fingerprints, proof of identification, proof of
citizenship, and if applicable, the applicant's criminal record and
proof of legal resident alien status to the Coast Guard from TSA. The
protection of this personal data is extremely important to the Coast
Guard and TSA and we have planned this delay to allow sufficient time
to test the system to ensure the security of that data. In addition,
the new credential would be phased in over a five year period. A
mariner would not be required to obtain an MMC until he or she either
chooses to renew or upgrade their current MMD, license, COR or STCW
endorsement, or they chose to apply for an MMC after this proposed rule
is made effective. We find any additional delay unnecessary.
4. MERPAC believes that this rulemaking exceeds the authority of
the Coast Guard to create a consolidated credential, eliminating the
existing system of documents and licenses, without amending the
existing U.S. Code. We believe that a more thorough review of this
change and its effect on all aspects of licensing and application is
needed.
The proposed change will not affect the legal standing of merchant
mariners. 46 CFR 10.201 in the proposed rulemaking describes the
characteristics and purpose of the MMC, explaining that it combines the
elements of the MMD, COR, license and any other
[[Page 3628]]
required endorsements (such as STCW) into a single document. This is a
valid exercise of the Coast Guard's broad authority under 46 U.S.C.
Part E, Chapters 71, 73, 75 and 77. With respect to licenses, 46 U.S.C.
7101 provides the Coast Guard authority to issue licenses to various
classes of applicants found so qualified. The Code is not specific
regarding the required form of the mariner's credentials, including the
license, allowing the Coast Guard to exercise discretion through the
rulemaking process.
``Merchant Mariner Credential'' is merely the term used to describe
the certificate issued by the Coast Guard that incorporates the
mariner's license with the MMD and other endorsements into one document
with endorsements to be listed on the document depending on the
mariner's qualifications. The term ``Officer Endorsement'' is merely
the term used to describe the qualifications of the mariner, which are
described as licenses in the current regulations. The mariner's actual
capacity to serve in the merchant marine as specified by the
endorsements on the MMC is unchanged by this proposed rulemaking.
5. Page 29464 of the May 22, 2006, proposed rule states that there
are no changes to the qualifications, experience, examinations, classes
and other requirements needed, and that this is just a reorganization
of existing regulations. As there are new and changed requirements,
such as physical standards and hearing standards, this statement should
be honored and all changes removed. Accordingly, the text of 10.215 and
Table 10.215(a) should be removed or corrected to assure that STCW
standards are not incorrectly applied to domestic mariners. MERPAC
believes this guidance to be confusing, incomplete, incorrect and
damaging to the domestic mariners as written.
The intent of that preamble statement in the NPRM was to advise
that this rulemaking is intended to accomplish a reorganization of the
regulatory text, amend the regulations to consolidate the MMD, license,
COR, STCW endorsement, and consolidate the application procedures. Its
purpose is not to overhaul the qualification, experience, training or
other requirements set out in parts 10 and 12. It is true, however,
that some substantive changes were necessary to accomplish this task.
In addition, we acknowledge that there have been a number of proposed
changes to the medical standards section (46 CFR 10.215) that were not
necessary for the consolidation, but were made to add clarification or
improve upon the regulations. Many changes to section 10.215 have been
made in this SNPRM to remove changes that were proposed in the NPRM, or
to alter those recommended changes.
6. The Coast Guard needs to protect a mariner's financial
information by removing the requirement to place the applicant's Social
Security Number on the face of the form of payment. Fees should be
collected by credit card through the mail or by phone.
The requirement that applicants write their full social security
number on the face of checks or money orders has been removed. The
social security number requirement proposed in 46 CFR 10.219 in the
NPRM was carried over from our current regulations, but due to the
increased concern over identity theft nationwide the Coast Guard is
proposing an alternative in this SNPRM. Section 10.219(d)(4) has been
revised to require that all checks and money orders contain the
applicant's full legal name and last four digits of their social
security number. The full legal name is necessary to link the
individual to the payment, and the last four digits of the social
security number would be used to differentiate between mariners who may
have common names. In addition, 10.219(d)(2) has been revised in this
SNPRM to propose credit cards as an acceptable form of payment.
7. MERPAC suggests the removal of the language in section
10.211(e). Since the Coast Guard will not be conducting background
checks for disqualification due to security and terrorism, this
paragraph seems inappropriate. The language here states, ``The
applicant will be notified in writing of the reason or reasons for
disapproval, unless the Coast Guard determines that the disclosure of
information is prohibited by law, regulation or agency policy, in which
case the reason(s) will not be disclosed.'' Mariners are entitled to
due process, and denial based on the crimes in table 10.211(g) should
be transparent to the mariner, in order to respond with the appeal that
this rule authorizes.
We agree. The first portion of that statement in 10.211(e) was
retained in this SNPRM, but the second half was removed. The language
in question was inserted in the NPRM in case an applicant was refused a
credential based on confidential national security information that was
not releasable to the public, or even to the applicant. If this
rulemaking becomes effective, the Coast Guard would only be vetting
mariners for safety and suitability, no longer making a determination
as to security threat, so there should not be a situation in which we
would encounter such a protected reason for denial. Accordingly,
paragraph 10.211(e) has been amended in this SNPRM to remove the words:
``unless the Coast Guard determines that such disclosure of information
is prohibited by law, regulation or agency policy''. The language also
appeared at 46 CFR 10.237(b) in the NPRM. That section has been moved
in this SNPRM to 46 CFR 10.237(a) and has also been revised to remove
this language.
8. Section 10.217 allows the Coast Guard to designate other Coast
Guard locations to provide service to applicants for MMCs, and MERPAC
applauds this addition.
We appreciate this comment, and thank you for the recognition of
this benefit.
9. Section 10.225 states that mariners must surrender their old
MMC, but 10.227 states that the mariner can retain an expired document.
Mariners should be allowed to keep expired documents and licenses.
We agree and have revised 10.209(g), 10.225(b)(5), 10.227(d)(4) and
(e)(2)(i), 10.223(c)(5), 10.231(c)(5), and 10.233(c) accordingly. The
requirement to return credentials that are expired, invalid, or have
been renewed remains; however, mariners may request in writing, at the
time of submission, that the canceled credential be returned to them
after cancellation.
10. MERPAC recommends that the Coast Guard create an MMC that is
convenient for the mariner. They should consider a small document that
is either wallet sized, or resembles a passport, that is more durable
and easier for the mariner to transport.
Thank you for your support and assistance. We look forward to
working with MERPAC as we develop the new credential.
11. MERPAC recommends that the Coast Guard begin a new rulemaking
that would harmonize the criminal background checks with TSA standards
so that mariners are only subject to one background check, at one cost.
The Coast Guard should use the same standards of criminal conviction as
TSA.
At this time, the option of having either TSA or the Coast Guard
conduct all required background checks for individuals who require both
an MMC and the TWIC is not feasible. TSA has established a system and
process for ensuring individuals applying for the TWIC undergo a
consistent security threat assessment and the USCG already has the
authority and process in place for conducting the required safety and
suitability checks for mariners. To create a new and unique system of
background checks for approximately
[[Page 3629]]
one fifth of the expected initial TWIC population would create the need
for additional infrastructure within one agency and raise costs for the
government and the entire TWIC population. In addition, the Coast Guard
has more expertise and authority over the merchant marine than TSA and
is in a much better position to determine whether an applicant is safe
and suitable to serve in the merchant marine at the rate or rating
sought. At this time, the most efficient and cost effective method
available for issuing TWICs to credentialed mariners is to have TSA
conduct the security threat assessment and issue the identity document
(TWIC) while the USCG issues qualifications on the MMC.
In addition, requiring only one criminal record review for both
security and safety related crimes by one agency would negatively
impact mariner flexibility. If only one background check were to occur,
mariners would be required to apply for their MMC only at the time they
applied for their TWIC. As currently proposed, the MMC and TWIC
expiration dates need not align. This allows an individual who works at
a port to decide later that he or she wants to become a merchant
mariner. In addition, for those mariners who already hold a MMD,
license or COR, they need not renew their credential upon the initial
issuance of their TWIC because the effective period of their current
credential is not affected by this proposed regulation. If we were to
require only one background check by TSA for all mariners, the mariner
credential would have to come into line with the expiration date of the
TWIC. Requiring mariners who already hold credentials to renew so that
their credential's expiration date matches their TWIC expiration date
is currently impossible from a legal standpoint due to the statutory
requirement that licenses and MMDs have a five-year validity period
under 46 U.S.C. 7106 and 46 U.S.C. 7302. Such a requirement would
inherently shorten that five-year duration. Finally, requiring only one
security/safety/suitability criminal record review by TSA at the time
of application would affect individuals who would like to seek raises
in grade or new endorsements on their MMC during the five-year validity
period. The list of disqualifying offenses for officers is more
extensive than that for ratings. Requiring TSA to run a new background
check simply to determine a mariner's safety and suitability when a
TWIC application is not in process would be improper.
Finally, the Coast Guard disagrees that the disqualifying crimes
for the TWIC should match those for the MMC. The standards for the MMC
and the TWIC are intentionally different as the intent behind the need
for the credentials are diverse. The TWIC is intended to prevent
individuals who pose a terrorism security risk from gaining access to
secure areas of 33 CFR Subchapter H regulated vessels and facilities.
The MMC, however, is intended to serve as a certificate of
identification and a certificate of service, specifying the grade and
rating in which the holder is qualified to serve on board commercial
vessels. It should be inherently obvious that more individuals would
qualify to receive a TWIC because they do not pose a security risk,
than would qualify to serve as a merchant mariner aboard commercial
vessels.
The qualification standards for the MMC have been kept, in large
part, the same as were required to obtain an MMD, license, COR or STCW
endorsement. With few exceptions as set out in this SNPRM and the NPRM
published May 22, 2006 in the Federal Register at 71 FR 29462, the
standards for mariners have remained the same. Just as in the current
regulations, if a mariner poses a safety risk, but not a security risk,
he or she would be denied a mariner credential. Higher standards are
necessary for the MMC as it will include a safety and suitability
assessment due to the inherently dangerous nature of a career in the
merchant marine, and the remote location and isolated workplaces
associated with maritime transportation.
12. MERPAC recommends that Coast Guard remove the self-disclosure
portion of the application process. The TWIC search will discover
sufficient criminal convictions that should be applied by both
agencies.
The Coast Guard disagrees, and has not eliminated the requirement
for applicants to disclose possible or actual disqualifying crimes for
several reasons. First, there is no guarantee that an arrest and
conviction are documented in automated police records, particularly
those police records maintained at the State and local levels.
Disclosure of this information provides the Coast Guard the ability to
know where to start looking in the correct Federal, State or local
databases, either electronically or by mail, if records are not
accessible through electronic means. Second, people assume new
identities to either hide on-going or past criminal activities, or just
as a matter of course (marriage, nickname, etc.) which makes it
difficult to locate records and verify that they actually relate to the
applicant. Third, there is no worldwide criminal record database.
Without personal disclosure of foreign convictions, it is extremely
difficult for the Coast Guard to know which countries to approach for
records.
Finally, requiring full disclosure of applicants supported by
background checks demonstrate that the Coast Guard is putting as many
processes in place to ensure the highest standards are met before
issuing something as important as merchant mariner credentials. We
welcome comments on the possibility of limiting this disclosure
requirement to only those convictions not previously disclosed on a
merchant mariner application.
13. MERPAC has concerns about the appeal process, and encourages
the agencies to further define and explain this process. We believe
that the process as described will result in all of the expense and
burden of proof being placed on the applicant, even if the information
is found to be in error. There should be a recovery process for
expenses if the applicant is denied a document due to mistakes made by
the government.
If an MMC is issued, unless the situation calls for temporary
suspension under 46 U.S.C. 7702, or the circumstances call for
suspension and revocation for a reason other than security, the Coast
Guard would not begin suspension and revocation proceedings until we
were notified that the applicant had fully exhausted his or her TSA
appeal rights. If the Coast Guard is notified by TSA that final agency
action has occurred and a mariner has either been denied a TWIC or
their TWIC has been revoked, the Coast Guard would begin suspension and
revocation action against the individual's MMC. The suspension and
revocation procedures for the MMC would remain the same as those
presently used. The Coast Guard will not review a TSA decision
regarding the issuance or revocation of a TWIC. Decisions regarding the
issuance and revocation of TWICs are solely the responsibility of TSA.
The Coast Guard does not have the authority to review, in any way, TSA
decisions with respect to the issuance or revocation of TWICs. Language
to this effect has been added to the proposed regulations in this SNPRM
at 46 CFR 10.235(g) and 10.237(c).
The appeal processes for the MMC would remain the same as those
presently used; the right of appeal for an applicant receiving an
unfavorable decision during the application process remains in 46 CFR
1.03. The right of appeal associated with suspension and revocation
remains as stated in 46 CFR 5.701. The proposed regulations have
[[Page 3630]]
retained the paper appeal process for the Coast Guard's refusal to
issue an MMC. Similarly, if a mariner is issued a license or document,
he or she would be a ``holder'' of that license or document, and would
be given a hearing before an Administrative Law Judge (ALJ) before
adverse action, such as suspension and revocation, would be taken
against that credential.
All appeals regarding the issuance or revocation of TWICs would be
handled by TSA under the TWIC appeal process. That process involves a
paper appeal for all denials, and the use of an ALJ for appeals of
waiver decisions. For more information on the TWIC appeal process,
please see the TWIC Final Rule published elsewhere in today's Federal
Register.
Provisions for the reimbursement of costs to mariners after a
successful administrative appeal will not be added to the regulations
at this time. The right to administrative appeal is offered to mariners
as a due process right. A cost recovery process is available to
mariners under the Equal Access to Justice Act (Pl. 96-481).
14. MERPAC recommends that Coast Guard redesign the rulemaking to
assure that mariners can make application for their TWIC and their MMC
simultaneously, allowing the two processes to move forward
concurrently, and not make the mariner wait for the delivery and
activation of the TWIC card before applying for their MMC.
The Coast Guard agrees that processing the MMC only after the TWIC
has been issued could potentially increase this backlog and be overly
burdensome to the mariner. As a result, changes have been made 46 CFR
10.225(b)(2) to allow new applicants to apply for their MMC if they can
prove that they either hold a valid TWIC or have applied for one in the
past 30 days. The MMC application could be processed simultaneously
with the individual's TWIC application. However, because of the Coast
Guard's need to obtain biometric and biographic information submitted
by the applicant at a TWIC enrollment center, the TWIC application must
be submitted before the MMC application. In addition, because of the
need to ensure that the applicant's identity has been verified and that
he or she has been determined not to pose a security risk, the Coast
Guard proposes to retain the requirement that the TWIC be issued to the
applicant before an MMC would be issued.
15. MERPAC recommends that the Coast Guard and TSA develop an
interim clearance process, and that mariners be allowed to train and
work, while awaiting a final determination.
The Coast Guard has decided not to allow merchant mariners to serve
prior to the issuance of their MMC. We have amended the proposed
regulations to include concurrent applications, which should speed the
application process, however, it is imperative that the Coast Guard
verify that an individual has the required qualifications before they
are allowed to serve aboard a commercial vessel. The potential risks to
life and property and the inherently dangerous nature of a career in
the merchant marine creates a heightened need to ensure that the
individual is a safe and suitable person for the job in addition to the
security review provided by the TWIC. Mariners are not allowed to
obtain interim credentials under our current regulations, and we
believe it would be inappropriate to create such an interim measure in
these proposed regulations.
In addition to the safety risk associated with allowing mariners to
work without undergoing a full vetting process, there are also
administrative burdens involved. In the past, the Coast Guard issued
temporary MMDs to applicants who provided a letter from a shipping
company stating that they would hire the person if the Coast Guard were
to issue them an MMD. The process led to abuse and put the applicant in
the position of trying to get a job before they had the proper
credentials. Furthermore, the industry complained of added
administrative overhead because they often issued a letter of
commitment of employment to people who would sail for a short time,
then quickly leave the industry.
In the late 70's or early 80's, the Coast Guard issued temporary
MMDs in the form of a letter that allowed an applicant to sail for six
months during which he or she could decide if they wanted to remain a
seafarer. No commitment of employment was required. This soon became an
administrative burden on the Coast Guard. Mariners would sail for a
short time then find better employment ashore and few continued to be
employed at sea. The Coast Guard had many records of temporary issuance
credentials with no closure because the applicant never returned to
apply for a final MMD.
For these administrative burden reasons, the safety concerns noted
above, and because of the additional administrative overhead of having
to prepare and issue a second MMC, the Coast Guard has chosen not to
create an interim clearance process at this time.
C. Additional Changes Made in This SNPRM
Although not prompted by public comment or an Advisory Committee
recommendation, the following changes have also been made to the
proposed regulatory text published in the NPRM. This discussion does
not include those changes that have already been discussed above.
1. Purpose of Rules in This Part. (10.101)
References to the Coast Guard verifying a mariner's identity were
removed from paragraphs (a) and (c). Paragraph (c) was modified to
reference only the security vetting process of the TWIC, and a new
paragraph (d) was created to collect the language removed from previous
paragraph (c) regarding the requirements that a mariner be a safe and
suitable person and qualified as to character and habits of life.
2. Definitions in Subchapter B. (10.107)
Small non-substantive tense, grammatical, or citation changes were
made in some of the definitions. In addition to those minor changes,
the following substantive changes have been made:
Edits were made to the definition of the term ``day'' to remove
confusion as to watchstanders.
Edits were made to the definition of the term ``directly
supervised'' to ensure that the definition only applies to those
seeking a tankerman endorsement. This definition exists in our current
regulations only once, in the part applicable only to tankermen at 46
CFR 13.103. There is no current definition for the term ``directly
supervised'' with respect to any other type of endorsement, and none
has been created in this SNPRM.
The definition for the term ``invalid credential'' was expanded to
include the MMD, license, COR and STCW endorsement, not just the MMC,
because during the five-year phase in period, mariners could hold any
combination of these credentials. It was also revised to remove the
words ``or was issued fraudulently'' as one of the reasons a credential
could be invalid. Credentials should not be issued fraudulently, and if
for some reason there is fraud involved in the application process that
results in invalidation of the credential, except for the originally
issued credential, it will occur after a suspension and revocation
proceeding and the credential will be confiscated by the Coast Guard.
The definition for the term ``Merchant Mariner Credential or
``MMC'' was
[[Page 3631]]
revised to include the fact that the MMC is not only a qualification
document, but that under 46 U.S.C. 7302, it also serves as the
mariner's certificate of identification and certificate of service. It
was also revised to change the grammar from future to present tense.
The definition for ``merchant vessel'' was removed as it does not
exist in our current regulations, is needlessly limiting, and should
not have appeared in the NPRM.
The definition for the term ``Officer in Charge, Marine Inspection
(OCMI)'' was modified to remove the reference to 46 CFR 10.217. The REC
locations are no longer listed in 10.217, so the reference here is no
longer appropriate.
The definition for the terms ``operate, operating or operation''
has been modified to limit the definition to the manning requirements
of vessels carrying passengers. Now that the definitions for the entire
subchapter are contained in one location, the broad definition used in
the NPRM was likely to cause confusion with respect to vessels not
carrying passengers whose regulations use these terms. An example of
regulatory language using the term ``operating'' with respect to
vessels not carrying passengers can be found in 46 CFR 15.610.
The definitions for ``officer endorsement'', ``rating
endorsement'', and ``STCW endorsement'' have been amended to clarify
that these endorsements will act as the license, MMD, or STCW
qualification that was previously issued as a separate document.
In the definition for ``undocumented vessel'' the word ``document''
was replaced with ``certificate of documentation'' to refer to the
correct term for the document required.
3. General Characteristics of the Merchant Mariner Credential. (10.201)
Paragraph (a) was amended to add a reference to the fact that the
MMC would also consolidate the STCW endorsement, not just the MMD,
license and COR; and the second sentence was amended to change the
tense from future tense to present tense. Paragraph (b) was deleted
because it was duplicative of 46 CFR 10.203(d).
Paragraph (c) was added to the SNPRM. This language was added to
the current 46 CFR 12.02-3(a) in a technical amendment published in the
Federal Register, and states that MMDs may be issued at the NMC or at
any REC during usual business hours. The technical amendment was
published in between the NPRM and SNPRM on August 21, 2006 at 71 FR
48480. Because this rulemaking proposes to make the entire
credentialing process possible through the mail (unless an examination
is required), the language in paragraph (c) also clearly states that an
MMC can be issued through the mail. Since the MMC will not be the
mariner's primary identification credential, and the mariner will
already have to hold a TWIC, personal appearance should not be required
for the issuance of the MMC.
4. Requirement To Hold a TWIC and a Merchant Mariner Credential.
(10.203)
Paragraph (b) was rewritten entirely to remove the automatic
invalidation of a mariner's MMC, MMD, license, COR or STCW endorsement
if the mariner either fails to obtain a TWIC or if their TWIC is
revoked by TSA. It was determined that an automatic invalidation would
violate a mariner's Constitutional right to due process. It now states
that failure to obtain or hold a valid TWIC may serve as a basis for
the Coast Guard to deny a mariner's application. Although a mariner
must provide proof that they hold a valid TWIC before an MMC will be
issued, the Coast Guard should be able to officially deny an
application once we receive word from TSA that it has issued its final
agency action denying or revoking the applicant's TWIC.
Also, language has been added that if a mariner fails to hold a
valid TWIC their MMC, MMD, license, COR or STCW endorsement could be
subject to suspension and revocation under 46 U.S.C. 7702 and 7703.
Those statutes provide for the suspension or revocation of a mariner's
credential if they have violated or fail to comply with any other law
or regulation intended to promote marine safety or to protect navigable
waters as well as individuals who are a security risk that poses a
threat to the safety or security of a vessel or a public or commercial
structure located within or adjacent to the marine environment. The
language of 46 U.S.C. 70105 requires all credentialed mariners to
obtain a biometric transportation security card (the TWIC) and states
that the Secretary must issue that biometric transportation security
card (the TWIC) to an individual unless the Secretary decides that the
individual poses a security risk warranting denial of the card.
Individuals who are denied a TWIC, therefore, must have been deemed a
security risk by TSA, and should not be holding merchant mariner
credentials. Those who have not applied for a TWIC also should not be
holding merchant mariner credentials as the identity and security
vetting done during the TWIC application process is an essential part
of the MMC vetting. Mariners should not be credentialed without first
undergoing a security review and identity verification.
Paragraph (d) was amended to make it clear that the MMD and the MMC
serve as certificates of identification under 46 U.S.C. 7302, but that
the TWIC is the mariner's primary identification document and must be
shown to an authorized official as proof of identity when requested.
5. Validity of a Merchant Mariner Credential. (10.205)
In paragraph (d) the word ``void'' was changed to ``invalid'' to
conform to the use of the term ``valid'' in other parts of the
regulation. In paragraph (h), the words ``STCW Certificate'' were
changed to ``STCW Endorsement'' to reflect the proper name of the
document.
Paragraph (e) was amended to include ``other duly authorized Coast
Guard officials'' as those who may sign an MMC to make it valid. This
change was made because the Coast Guard's National Maritime Center was
recently given credentialing authority, but not full OCMI authority.
6. General Application Procedures. (10.209)
This section was renamed ``General application procedures''. It was
determined that listing all of the application requirements for
renewal, duplicate and raise in grade in 10.209, resulted in the
unintentional inclusion of additional application requirements. When we
attempted to list all of the requirements for originals that renewals,
duplicates and/or raises in grade are exempted from, we found the maze
of cross references to be needlessly confusing. The SNPRM has been
changed so that the application requirements, contained in 10.209(c) in
the NPRM, have been moved and restated in 10.225(b), the section for
original applications (a new section added to this SNPRM), in 10.227(d)
the section for renewals, in 10.223 the section for modification or
removal of limitations and scope, and in 10.231(b) for raises in grade
(called ``Requirements for raises of grade or new endorsements and
raise of grade'' in this SNPRM).
Since paragraph (c) has been deleted in this SNPRM, the language
from 10.225(a) and 10.227(c) was moved to fill its place. This is the
statement that applications are valid for 12 months from the date of
approval. It is a general application requirement that seems more
appropriate in this section, than in sections 10.225 and 10.227.
[[Page 3632]]
In paragraph (d), the items that may be submitted by mail have been
expanded to include the consent for NDR check and the oath. A new
subparagraph (7) was added to paragraph (d) that allows mariners to
submit by mail any certificates or other supplementary materials
required to show that the mariner meets the mandatory requirements for
the specific endorsement sought, as established in parts 11, 12 or 13
of this chapter. This general statement is intended to catch any
miscellaneous training certificates or other documents not otherwise
captured, such as the firefighting certificate required by 11.205(d).
Finally, note that in paragraph (d)(6), the requirement that the MMC
issued with endorsements as a medical doctor or professional nurse will
reflect any limitations listed on their state medical license. This
change was made in the NPRM, but inadvertently omitted from the
preamble table of changes.
With the reorganization of this section, a new paragraph (e) has
been written to reflect those things that must be made a part of the
application before an MMC application can be approved, but are not
required to be submitted by the applicant. These items include the NDR
check, criminal record review and information obtained from TSA, and
are all generated or obtained by the Coast Guard from sources other
than the applicant. The requirements for an NDR check and criminal
record review have been amended to restrict the requirement to only
MMCs issued as an original, reissued with a new expiration date, and
new officer endorsements NDR checks and criminal record reviews are not
required for duplicates.
For organizational purposes, paragraphs (f) and (g) have been added
to 10.209 in the SNPRM. These paragraphs were moved from paragraphs
10.225 (c) and (d) in the NPRM. Paragraph (f) states that when the
Coast Guard determines that an applicant meets all of the requirements
for an MMC or endorsement, the Coast Guard will issue the properly
endorsed MMC to the applicant. Paragraph (g) contains the requirement
from 10.225(d) that mariners return their old credentials to the Coast
Guard once a new MMC is issued, but it has been amended to state that
upon written request submitted at the time of application, the
cancelled, previously issued credentials will be returned to the
applicant.
7. Criminal Record Review. (10.211)
Paragraph (c) was modified to reflect all of the information
submitted to the Coast Guard by TSA from the applicant's TWIC
application that could be used by the Coast Guard to determine whether
the applicant has a record of a criminal conviction. Depending on the
length of time between when the applicant applied for the TWIC and the
submission of the MMC or endorsement application, the Coast Guard may
opt to review the criminal record report generated by TSA in the TWIC
application process. If the applicant applied for their TWIC more than
two years before the MMC application, however, the Coast Guard may opt
to use the mariner's fingerprints, or FBI number if applicable, to
receive a new criminal record report from the FBI. An individual will
only have an FBI number if they have a criminal record. Applicants who
have a clean record will not have an FBI number.
Paragraph (f) has been amended to insert the words ``except as
provided elsewhere in this section'' after the statement that no person
who has been convicted of a violation of the dangerous drug laws of the
United States, the District of Columbia, any State, territory, or
possession of the United States, or a foreign country, by any military
or civilian court, is eligible for an MMC. Without that exception, the
blanket disqualification statement conflicted with the exemptions
contained elsewhere in section 10.211. The language ``No person who has
ever been the user of, or addicted to the use of a dangerous drug, or''
was also added to this paragraph because it is language that exists in
our current regulations, but was unintentionally omitted from the NPRM.
Paragraph (f) was also amended to move the language inadvertently
inserted into 10.213(b) in the NPRM. That paragraph contains the
ineligibility of individuals who have ever been convicted of an NDR
offense because of addiction to or abuse of alcohol, without furnishing
satisfactory evidence of suitability for service. That paragraph's
inadvertent relocation to the NDR section unintentionally created an
indefinite look back period for NDR reviews, when the look back was
intended to review those crimes that appeared on one's criminal record,
not their NDR record. Its inclusion in section 10.211 corrects that
error.
The table at 10.211(g) has been revised to reflect the difference
in criminal conviction requirements for officers and ratings. Officers
are currently held to a higher standard than ratings with respect to
criminal convictions. This table has been revised to reflect that
difference in standards. It should no longer contain any substantive
change from our current regulations, other than with respect to the
removal of the crimes involving national security which are reviewed by
TSA, and the way that we handle the crime of robbery. Although robbery
is a listed offense in our current regulations at 10.201(h) for
licenses, robbery is not one of the listed offenses in the table for
MMDs in the current 46 CFR 12.02-4(c). As a practical matter, however,
robbery is included in the ``other crimes against persons''
specifically referenced in our current table, and is taken into
consideration by the evaluator when reviewing applications for both
MMDs and licenses. Robbery has been included in the ``Crimes Against
Persons'' section of the table in the SNPRM for conformity and is not
considered a substantive change.
Paragraph (m) was deleted entirely. This paragraph dealt with the
automatic suspension of a mariner's credential if, after issuance, the
Coast Guard learns of disqualifying information on the applicant's
criminal record. The language of this paragraph, as written in our
current regulations at 10.205(f)(4), is contained in proposed
11.205(c)(vi). As written in our current regulations and this SNPRM,
that section applies to original licenses, CORs and STCW endorsements
only. Its inclusion in part 10 of the NPRM did not limit its
application to only original issuance, and it expanded it to include
rating endorsements. The procedures set out in that paragraph should
only be applied in cases where the action occurred before the issuance
of the officer endorsement. For crimes committed after issuance, the
suspension and revocation procedures in 10.235 would apply. The changes
to the text as well as the inclusion of it in section 10.211 as well as
11.205 had unintended consequences, so it has been removed entirely
from 10.211 in this SNPRM.
8. Medical and Physical Requirements. (10.215)
This entire section was revised based on public comments and
comments from Coast Guard medical personnel.
In the introductory text to paragraph (a), a statement about table
10.215(a) was added, the reference to the availability of any other
Coast Guard guidance or material regarding the medical and physical
requirements was removed, and the words ``(including a doctor of
osteopathy)'' were removed from the last sentence because they were
redundant and added no value. Language was added to allow medical
doctors, licensed physician assistants, and licensed nurse
practitioners to not only perform and witness any required test, exam
or demonstration, but to
[[Page 3633]]
review them as well. This change was made to account for any test, exam
or demonstration that may be conducted by a specialist or other medical
professional by referral and the results reviewed by the certifying
doctor, physician assistant or nurse practitioner.
Paragraph (a)(1) was amended to include the submission of annual
physical examinations to the Coast Guard not only by licensed first
class pilots but also those serving as pilots, pursuant to section
15.812, on vessels and tank barges of 1600 GRT or more. The group of
mariners serving as pilots was unintentionally omitted from this
section in the NPRM. In addition, unless exempt by 46 CFR 16.220,
licensed first class pilots and those serving as pilots must also
submit passing results of a chemical test for dangerous drugs to the
Coast Guard. The National Transportation Safety Board (NTSB), in their
report on the 2003 allision of the Staten Island Ferry ANDREW J.
BARBERI, recommended that the Coast Guard require submission of annual
pilot physicals and drug tests. The Coast Guard agrees with the NTSB
that it is not effective to require pilots to undergo annual physical
examinations and drug tests without an affirmative obligation for
pilots to actually submit them to the Coast Guard for review.
Title 46 CFR 10.709 (proposed 11.709 in this SNPRM) currently
requires that first class pilots on vessels of 1600 GRT or more provide
the Coast Guard with a copy of their most recent annual physical
examination upon request. This includes those individuals who ``serve
as'' pilots in accordance with Title 46 CFR 15.812(b)(3) and (c). On
September 28, 2006, the Coast Guard issued a Notice in the Federal
Register at (71 FR 56999) advising that we request submission of the
most recent physical examination from these mariners. The requirement
that individuals licensed as first class pilots submit an annual
physical examination was placed in the NPRM, but unintentionally
omitted from the preamble table. Similarly, the language of 46 CFR
16.220 currently states that unless excepted under 46 CFR 16.220(c),
each pilot who is required to complete an annual physical examination
must also pass a chemical test for dangerous drugs, and that he or she
must submit the passing results of the chemical test to the Coast Guard
when applying for license renewal, or when requested by the Coast
Guard. This includes first class pilots on vessels greater than 1600
GRT, and those individuals who ``serve as'' pilots in accordance with
46 CFR 15.812(b)(3) and (c) on vessels greater than 1600 GRT. On
December 12, 2006, the Coast Guard issued a Notice in the Federal
Register at (71 FR 74552) advising that all first class pilots on
vessels greater than 1600 GRT, and all other individuals who ``serve
as'' pilots in accordance with 46 CFR 15.812(b)(3) and (c) on vessels
greater than 1600 GRT, must provide the passing results of their annual
chemical tests for dangerous drugs to the Coast Guard, unless they
provide satisfactory evidence that they have met the exceptions stated
in 46 CFR 16.220(c).
Both 46 CFR 10.709 and 16.220 have also been revised in this SNPRM
to remove the requirement that chemical tests for dangerous drugs and
annual physical exams be submitted to the Coast Guard ``upon request''
since the Coast Guard is already requesting this information from all
pilots and those who act as pilots as discussed above.
In table 10.215(a), the citations in the vision test column were
corrected, the requirements for Food Handlers were broken out into
those that are required for those serving on vessels to which STCW
applies, and those that do not, and the last row in the table was
amended to limit the requirement for demonstrations of physical ability
to only those ratings serving on vessels to which STCW applies.
Paragraph (b) was amended to allow the Coast Guard to approve
additional tests to determine color sense. The Coast Guard needs the
flexibility to approve alternate tests as new medical technology
becomes available.
Paragraph (c) was amended to require the hearing test only if the
medical practitioner conducting the general medical exam required in
paragraph (d) has concerns that an applicant's ability to adequately
hear may impact maritime safety. The hearing test should be
administered by an audiologist or other hearing specialist, and should
consist of an audiometer test and/or a speech discrimination test, as
appropriate. The particular test ordered has been left to the
professional judgment of the medical provider. The requirements for the
audiometer test and speech discrimination test have been set out in
paragraphs (c)(1) and (2). Although these test requirements were
provided in the NPRM, it was unclear that they referenced requirements
for separate tests, and that they would be required only at the medical
provider's discretion. Additional threshold information has also been
provided to aid medical professionals.
In paragraph (d), food handlers have been exempted from the general
medical examination requirement except that they must obtain a
statement from a licensed physician, physician assistant or nurse
practitioner attesting that they are free of communicable diseases.
This communicable disease requirement exists in the current regulations
at 46 CFR 12.25-20. The currently proposed language creates no change
from the current requirements for food handlers.
In paragraph (e), the requirement for a demonstration of physical
ability has been changed. As currently proposed, it will only be
required if the medical practitioner, conducting the general medical
examination required in paragraph (d), is concerned that an applicant's
physical ability may impact maritime safety. As stated in the
discussion of public comments above, the requirements that an applicant
must satisfactorily demonstrate have been written to allow a medical
professional to certify that the applicant has the ability to complete
those tasks without actually requiring the medical professional to
board a vessel to witness the demonstration.
In paragraph (g), the language ``vision does not meet the
requirements in Sec. 10.227(1)(i) and (1)(ii)'' was replaced with
``corrected vision in the better eye is not at least 20/40 for deck
officers or 20/50 for engineer officers''. Section 10.227(l)(i) does
not exist. The language inserted has been taken directly out of our
current regulations at 10.205(d)(4).
9. MMC Application and Examination Locations. (10.217)
Several linguistic edits were made, for example replacing
``certificate'' with the more appropriate term ``credential'' and
``sector'' with ``OCMI''. One sentence in paragraph (3) was rewritten
for clarity. Also, paragraph (a) was changed to reflect the language of
a technical amendment that removed the list of REC locations and
inserted the website and contact information for the National Maritime
Center. The technical amendment was published in between the NPRM and
SNPRM on August 21, 2006 at 71 FR 48480.
10. Fees. (10.219)
Paragraph (e)(3), was rewritten for clarification. Instead of
stating that one issuance fee would be charged for each MMC
application, it was revised to state that only one issuance fee will be
charged for each MMC issued, regardless of the number of endorsements
placed on the credential. The intent of the subparagraph is to explain
that a $45 issuance fee will not be charged for each endorsement
issued. The issuance fee is tied to the number of MMCs issued, not to
the endorsements. Issuance fees will be
[[Page 3634]]
charged for original, duplicate, raise in grade, and renewal MMCs. A
sentence was also added to make it clear that there is no fee for a
document of continuity. As discussed elsewhere in this preamble, the
document of continuity has been created to replace the continuity
endorsement that is currently written on licenses pursuant to the Coast
Guard's current regulations at 10.209(g) and for MMDs at 12.02-27(g).
Under current Coast Guard regulations, a $45 issuance fee is charged
for the continuity endorsement. Since the document of continuity will
not be in the form of an MMD, MMC or license, the Coast Guard has opted
not to charge the $45 issuance fee for it, and will issue the document
free of charge.
The civil penalty in paragraph (g) was changed from $5,000 to
$6,500 to adjust for inflation per 33 CFR 27.3. The penalty for failure
to pay, currently reflected in 46 CFR 10.111, is based upon 46 U.S.C.
2110(e). In the table to 33 CFR 27.3, the adjustment for inflation for
46 U.S.C. 2110(e) shows an increase from $5K to $6.5K. The change in
this SNPRM is merely technical to conform to that inflationary change.
In paragraph (h)(2), the words ``Commanding Officer'' were deleted
as a technical change for consistency.
11. Citizenship. (10.221)
The title of this section was changed from ``Applications submitted
by aliens'' to ``Citizenship'' to account for the fact that it contains
the proof of citizenship requirements for all applicants, not only
aliens. Also, this section was re-written to include the OUPV
citizenship exemption discussed in the response to comments above, as
well as to include the exemption for foreign nationals who are enrolled
in the United States Merchant Marine Academy (USMMA). The proposed
regulation now retains the Coast Guard's regulatory exemption for OUPVs
created from the language of 46 U.S.C. 7102, and allows USMMA cadets to
obtain rating endorsements on a documented vessel, irrespective of
their nationality, as provided in 46 U.S.C. 8103.
In addition, changes were made to reflect the new TWIC requirement
that mariners submit their proof of citizenship to TSA during the TWIC
enrollment process. By requiring mariners to submit their proof of
citizenship to TSA, the agencies remove all need for mariners to appear
in person at one of the Coast Guard RECs. TSA will scan the proof of
citizenship and other identity information into its database and
forward it to the Coast Guard electronically as discussed elsewhere in
this preamble.
We also changed the acceptable proofs of citizenship to reduce the
likelihood of submission of fraudulent documents, and to conform to the
TWIC citizenship requirements. The following proofs of citizenship
would no longer be acceptable for rating endorsements: baptismal
certificate or parish record recorded within one year after birth;
statement of a practicing physician certifying the physician's
attendance at the birth and who possesses a record showing the date and
location at which it occurred; delayed certificate of birth issued
under a state seal in the absence of any collateral facts indicating
fraud in its procurement; applicant's affidavit; report of the Census
Bureau showing the earliest available record of age or birth;
affidavits of parents, other relatives, or two or more responsible
citizens of the U.S. stating citizenship; school records; immigration
records; or insurance policies. The acceptable proofs of citizenship
for officers have not changed from those currently required in 46 CFR
10.205. We are aware that the proofs of citizenship were changed by the
Licensing Interim Rule published January 13, 2006 at 71 FR 2154. As
with other changes made in that interim rule or the MMD Interim Rule
published January 6, 2004 at 69 FR 526, all comments submitted to those
rulemaking projects and any changes that could be made as a result of
those comments will be addressed in the final rules associated with
those rulemaking projects.
Requirements have also been proposed for cadets enrolled in the
United States Merchant Marine Academy. Although these individuals are
currently issued MMDs pursuant to the statutory authority in 46 U.S.C.
8103, Coast Guard regulations do not currently establish acceptable
documents to prove enrollment or identity. This SNPRM proposes that the
Coast Guard would accept an original letter from the USMMA, signed by
the Superintendent attesting to the individual's enrollment along with
an unexpired foreign passport issued by the government of the country
in which the alien is a citizen or subject, with a valid U.S. visa
affixed to the passport. All of the proposed acceptable proofs of
citizenship have been coordinated with TSA to ensure that all
individuals who would be authorized to hold an MMC would also be able
to meet the citizenship/alien status requirements for the TWIC.
Finally, on October 17, 2006, Congress passed the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109-
364). In that Act, Congress amended 46 U.S.C. 8103 to permit an alien
allowed to be employed in the U.S. under the Immigration and
Nationality Act who meets additional requirements for service as a
steward aboard large passenger vessels to obtain an MMD. Although
language has not been proposed in this rulemaking to address this new
statutory authority, the Coast Guard is aware of it and is initiating a
separate rulemaking to address these new requirements.
12. Modification or Removal of Limitations or Scope. (10.223)
The title to this section has been revised to include modification
or removal of scope. This section includes, for example, increasing
from Chief Engineer (limited-near coastal) to Chief Engineer, adding to
Qualified Member of the Engine Department (QMED), extending route, or
horsepower increases.
The language of paragraph (b) was deleted because the substance of
that paragraph was duplicative of paragraph (c) of the NPRM (now
paragraph (d)), and is better explained in the paragraph that has been
retained. In its place, language has been added to explain that the
modification or removal of limitations or scope on an existing MMC will
not change the expiration date of that MMC unless the applicant renews
all endorsements on the MMC. Because of the statutory requirement in 46
U.S.C. 7106, 7107 and 7302(f) that the identification and qualification
credentials appearing in the form of the MMC must be valid for no more
and no less than five years, the addition, subtraction or modification
of endorsements on the MMC will not change the expiration date unless
the mariner renews all endorsements on his or her MMC.
New paragraph (c) contains the requirements for a complete
application, and was taken in large part from the former 10.209(c) in
the NPRM. The language of the NPRM also included requirements that must
be met before an MMC may be issued, but which are added to the
applicant's record by the Coast Guard. These requirements (criminal
record review, National Driver Register review, and information
supplied by TSA) must still be met before the modification or removal
will be granted, but have been moved to a new paragraph (e) in 10.209
because they are not submitted by the applicant. Here, the NDR
provision has been replaced with the requirement that applicants submit
the form providing consent to a check of the NDR. This is a requirement
that is currently in the Coast Guard regulations and is also
[[Page 3635]]
required by 46 U.S.C. 7101(g) and 7302(c).
The language requiring the submission of a signed application has
been amended. Instead of requiring a signed ``written'' application, we
now require a ``completed'', signed application. This change will allow
for the submission of a digitally signed electronic form, should the
Coast Guard system be changed to create this option.
The requirement to submit a continuous discharge book, certificate
of identification, MMD, MMC, license, STCW endorsement or COR, if one
or more of those credentials are valid at the time of application, has
been amended to allow for the submission of photocopies. The change
will preclude mariners from having to mail in their credentials while
they are still valid and needed to serve. The photocopies must be of
the front and back of all pages of the credentials and attachments. If
the credential is expired, mariners will be required to submit the
original credential to the Coast Guard for invalidation, but at the
time they submit their application mariners may request that the
invalid credential be returned to them once the new credential is
issued.
13. Requirements for Originals. (10.225)
As discussed earlier in the discussion of the changes to section
10.209, instead of creating a list of all requirements for a complete
application in section 10.209 and then exempting or adding requirements
by reference in later sections, we broke out the application
requirements for originals, duplicates, renewals, modification or
removal of limitations and scope, and new endorsements. Since 10.225 in
the NPRM contained general requirements about the issuance of the MMC,
we moved the substance of 10.225 as proposed in the NPRM into section
10.209 (with the exception of the oath) and rewrote section 10.225 to
list the requirements for original applications.
For clarity, in paragraph (a) we defined those instances in which
an applicant would be required to apply for an original MMC, rather
than for a duplicate, modification or removal of limitation or scope,
renewal, or new endorsement.
As discussed earlier, paragraphs (c) and (d) were moved to section
10.209 and amended. These are the paragraphs stating that when the
Coast Guard determines that an applicant meets all of the requirements
for an MMC or endorsement, the Coast Guard will issue the properly
endorsed MMC to the applicant (paragraph c), and the requirement that
mariners return their old credential to the Coast Guard once a new MMC
is issued (paragraph d).
New paragraph (b) is the substance of the former 10.209(c) from the
NPRM. This paragraph contains the requirements for a complete
application. The language of the NPRM, however, included requirements
that must be met before an MMC may be issued, but which are added to
the applicant's record by the Coast Guard. These requirements (criminal
record review, National Driver Register review, and information
supplied by TSA) have been removed from this paragraph and moved to a
new paragraph (e) in 10.209. The NDR provision has been replaced with
the requirement that applicants submit the form providing consent to a
check of the NDR. This is a requirement that is currently in the Coast
Guard regulations and is also required by 46 U.S.C. 7101(g) and
7302(c).
The language requiring the submission of a signed application has
been amended. Instead of requiring a signed ``written'' application, we
now require a ``completed'', signed application. This change will allow
for the submission of a digitally signed electronic form, should the
Coast Guard system be changed to create this option.
The requirement to submit a continuous discharge book, certificate
of identification, MMD, MMC, license, STCW Endorsement or COR, if one
or more of those credentials are valid at the time of application, as
been amended to allow for the submission of photocopies. The change
will prevent mariners from having to mail in their credentials while
they are still valid and needed to serve. The photocopies must be of
the front and back of the credentials. If a passport-style format is
chosen for the MMC, this language will be amended to require ``a
photocopy of all pages and attachments, front and back''. If the
credential is expired, mariners will be required to submit the original
credential to the Coast Guard for invalidation, but the mariner may
request that the invalid credential be returned to them once the new
credential is issued.
This section has also been revised to add new paragraph (b)(10).
The oath, because it would be submitted in writing rather than done in
person, would be required to be submitted with the application for
original applicants. The oath is not a requirement for other types of
applications such as renewals or duplicates.
14. Requirements for Renewal. (10.227)
As discussed above, section 10.227 was revised in this SNPRM to
include a clear list of the application requirements for renewal. As
written in the NPRM, all applicants were required to meet the
requirements of section 10.209 as well as the requirements in section
10.227. This would have had the effect of creating more requirements
for renewals than for originals. The language of this section has been
revised to include a list of all the elements needed for renewal
applications. The requirements should be no more expansive or
restrictive than the requirements for renewal in the Coast Guard's
current regulations at sections 10.209(c) and 12.02-27(c).
The application requirements are contained in paragraph (d). The
language of the NPRM included requirements that must be met before an
MMC may be issued, but which are added to the applicant's record by the
Coast Guard. These requirements (criminal record review, National
Driver Register review, and information supplied by TSA) have been
removed from paragraph and moved to a new paragraph (e) in section
10.209. The NDR provision has been replaced with the requirement that
applicants submit the form providing consent to a check of the NDR.
This is a requirement that is currently in the Coast Guard regulations
and is also required by 46 U.S.C. 7101(g) and 7302(c).
The language requiring the submission of a signed application has
been amended. Instead of requiring a signed ``written'' application, we
now require a ``completed'', signed application. This change will allow
for the submission of a digitally signed electronic form, should the
Coast Guard system be changed to create this option.
The requirement to submit a continuous discharge book, certificate
of identification, MMD, MMC, license, STCW endorsement or COR, if one
or more of those credentials are valid at the time of application, has
been amended to allow for the submission of photocopies. The change
will preclude mariners from having to mail in their credentials while
they are still valid and needed to serve. The photocopies must be of
the front and back of the credentials. If a passport-style format is
chosen for the MMC, this language will be amended to require ``a
photocopy of all pages and attachments, front and back''. If the
credential is expired, mariners will be required to submit the original
credential to the Coast Guard for invalidation, but the mariner may
request that the invalid credential be returned to them once the new
credential is issued.
In reviewing the professional requirements, we noticed that we
failed to list those endorsements that do not
[[Page 3636]]
require professional requirements for renewal. Paragraph (d)(8)(viii)
was added to list those exempted endorsements. These endorsements
should be no more expansive or restrictive than those exempted from the
professional requirements in our current regulations at section 12.02-
27(c) or 10.209(c).
We also noticed that we failed to carry over the requirement that
an applicant seeking to renew a tankerman endorsement must meet the
additional requirements listed in section 13.120 of this chapter. The
omission of this language in the NPRM was an oversight. It has been
added to the SNPRM as (d)(8)(vii).
Finally, in paragraph (l) from the NPRM has been deleted. That
section contained a list of those portions of the application that
could be submitted by mail. Section 10.209(d) lists that information.
Since section 10.209 is a general section applying to all applicants,
it made proposed paragraph (l) duplicative and unnecessary.
15. Requirements for Raises of Grade or New Endorsements. (10.231)
The title of this section has been renamed to include new
endorsements, not only those endorsements obtained as a result of a
raise in grade.
A new paragraph (a) has been added to set out the type of
applicants to whom the section would apply. The section is intended to
apply to applicants who already hold a valid credential (MMC, license,
MMD, COR or STCW endorsement) and want to add a new endorsement or
obtain a raise of grade of an existing endorsement.
A new paragraph (b) has been added to explain that new endorsements
or raises of grade of existing endorsements added to an existing MMC
will not change the expiration date of that MMC unless the applicant
renews all endorsements on the MMC. Because of the statutory
requirement in 46 U.S.C. 7106, 7107 and 7302(f) that the identification
and qualification credentials appearing in the form of the MMC must be
valid for no more and no less than five years, the addition of new
endorsements to the MMC will not change the expiration date of the MMC
unless the mariner renews all endorsements on his or her MMC.
As discussed above, as written in the NPRM, all applicants were
required to meet the requirements of section 10.209 as well as the
requirements for raises of grade. This would have had the effect of
creating more requirements for raises of grade than for originals. The
language of this section has been revised to include a list of all the
elements needed for raise of grade and new endorsement applications.
The application requirements are contained in paragraph (c). The
language of the NPRM included requirements that must be met before an
MMC may be issued, but which are added to the applicant's record by the
Coast Guard. These requirements (criminal record review, National
Driver Register review, and information supplied by TSA) have been
removed from paragraph and moved to a new paragraph (e) in section
10.209. The NDR provision has been replaced with the requirement that
applicants submit the form providing consent to a check of the NDR.
This is a requirement that is currently in the Coast Guard regulations
and is also required by 46 U.S.C. 7101(g) and 7302(c).
The language requiring the submission of a signed application has
been amended. Instead of requiring a signed ``written'' application, we
now require a ``completed'', signed application. This change will allow
for the submission of a digitally signed electronic form, should the
Coast Guard system be changed to create this option.
The requirement to submit a continuous discharge book, certificate
of identification, MMD, MMC, license, STCW Endorsement or COR, if one
or more of those credentials are valid at the time of application, has
been amended to allow for the submission of photocopies. The change
will preclude mariners from having to mail in their credentials while
they are still valid and needed to serve. The photocopies must be of
the front and back of the credentials. If a passport-style format is
chosen for the MMC, this language will be amended to require ``a
photocopy of all pages and attachments, front and back''. If the
credential is expired, mariners will be required to submit the original
credential to the Coast Guard for invalidation, but the mariner may
request that the invalid credential be returned to them once the new
credential is issued.
The requirement to provide evidence of vision, hearing, medical
and/or physical exams as required by section 10.215, has been limited
in this SNPRM to only those applicants who have not submitted proof of
passing those tests within the past three years. This three year
limitation conforms to the Coast Guard's current regulations in section
10.207(e)(1).
All other information contained in this section in the NPRM has
been retained, but moved to paragraphs (d) and (e) with the following
exceptions:
The general requirements that were contained in the NPRM at
paragraphs (a), (b), and (c)(1) are included in the application
requirements contained elsewhere in the regulations, so the language
was removed from this section.
The requirement that appeared in paragraph (c)(1) of the NPRM that
applicants for raise of grade must appear at a REC to present their
letters, discharges or other official documents certifying to the
amount and character of their experience and the names of the vessels
on which acquired was removed. The documents proving that applicants
meet the sea service requirements for original and new officer
endorsements may be submitted by mail. It seemed inappropriate to
require travel to a REC for personal submission just because the new
officer endorsement is sought as a result of a raise in grade
application.
Paragraphs (d)(2) and (e) from the NPRM have been removed. Those
paragraphs contained the location of requirements for radar observer
endorsements and endorsements for which a firefighting certificate is
required. These paragraphs were duplicative and unnecessary since
paragraph (c)(3) already requires that applicants submit all
supplementary materials required to show that the mariner meets the
mandatory requirements for the new endorsement(s) sought.
The information in paragraph (d) was carried over from the Coast
Guard's current regulations at 46 CFR 10.207 and the NPRM at
10.231(c)(3) through (d)(2).
16. Obligations of the Holder of a Merchant Mariner Credential.
(10.233)
Paragraph (a) was amended for clarity and to include the MMD and
COR in the list of credentials that could be subject to suspension and
revocation.
17. Suspension or Revocation of Merchant Mariner Credentials. (10.235)
Paragraph (g) was revised in the SNPRM. The NPRM tied the validity
of the MMC to the validity of a TWIC. The Coast Guard has determined
that due process demands that unless allowed by statute, a mariner must
be provided the right to appeal before their mariner credential is
invalidated. The SNPRM removes this automatic invalidation upon the
loss or denial of a TWIC.
As proposed in the SNPRM, if the Coast Guard is advised by TSA that
a mariner has either been denied a TWIC or that their TWIC has been
revoked, the Coast Guard will initiate suspension and revocation
proceedings against the mariner's MMC, license, MMD, and COR under 46
U.S.C. 7702 and 7703. Sections 7702 and 7703 allow for
[[Page 3637]]
suspension and revocation of a mariner's credentials if they have been
convicted of an offense that would prevent the issuance or renewal of
the credential or if the mariner has been deemed a security risk that
poses a threat to the safety or security of a vessel or a public or
commercial structure located within or adjacent to the marine
environment. Because a TWIC will only be denied or revoked if TSA
decides that the individual poses a security risk, if the mariner has
been deemed ineligible for a TWIC, the Coast Guard would initiate
suspension and revocation actions against their credential.
Language was also added to paragraph (g) because a mariner whose
TWIC is revoked by TSA will not be able to appeal that agency's
decision through the Coast Guard MMC appeal process. Although mariners
must hold a TWIC to get an MMC, these credentials are separate and
distinct and the Coast Guard cannot overturn a decision by TSA with
respect to its TWIC. Mariners have a separate right of appeal under the
TWIC. It includes a paper appeal process much like the Coast Guard
process in 46 CFR 1.03 for initial denials and revocations; and a
hearing before an Administrative Law Judge for appeals of waiver
denials. The TWIC final rule, published elsewhere in today's Federal
Register, provides additional information on the TWIC appeal process.
Once a mariner has exhausted TSA's TWIC appeal process that decision is
final and the Coast Guard cannot review it.
A new paragraph (h) was added to this SNPRM. It is a direct
reference to 46 U.S.C. 7702(d)(1)(iv), which calls for the immediate
suspension of credentials for not more than 45 days if a mariner is
deemed a security risk that poses a threat to the safety or security of
a vessel or a public or commercial structure located within or adjacent
to the marine environment. For the reasons discussed above, if a TWIC
is denied or revoked by TSA, the Coast Guard will deem the individual a
security risk, and may avail itself of this statutory provision to
suspend the mariner's credential.
18. Right of Appeal. (10.237)
Paragraphs (a) and (b) were swapped for better organization. A new
paragraph (c) was added to advise that Coast Guard appeals will not
review a decision by TSA with respect to their TWIC as discussed in
section 10.235 above.
19. Quick Reference Table for MMC Requirements. (10.239)
In the NPRM, we proposed to move table 10.203 to section 11.203;
however, after further consideration, we now propose to move that quick
reference table to the end of the general requirements in Part 10
because it references requirements for both officers and ratings, as
well as multiple sections of Parts 10, 11, and 12.
20. Application Process
The way an applicant's information is envisioned to be transferred
to the Coast Guard from TSA has changed. The process discussed on page
29464 of the NPRM involved the mariner checking a box on the TWIC
application form to notify TSA to push the data to the Coast Guard.
This method, however, would not alert TSA to send information when a
TWIC holder decided to become a mariner at some point in the middle of
the TWIC validity period. The new process envisioned involves both the
pushing of data to the Coast Guard when TSA receives an application
from a mariner as well as the ability for the Coast Guard to pull data
should a TWIC applicant later decide to become a mariner. If the pull
function were to be used, the Coast Guard would notify TSA when we
receive an applicant's MMC application, which would trigger the
transfer.
21. Amendatory Instructions
The amendatory instructions to the regulatory text of the NPRM was
drafted according to the style established by the National Archives and
Records Administration in the Federal Register Document Drafting
Handbook, and were written properly. We acknowledge, however, that long
amendatory instructions advising where to remove language and insert
new language into existing text may be confusing. To aid the public in
their review of this SNPRM, the Coast Guard has decided to follow the
amendatory instructions as provided in the NPRM to re-write the
regulatory text amended for those sections whose amendatory
instructions in the NPRM were greater than or equal to one full column
of Federal Register text. This change has been applied to the following
sections: 11.201, 11.205, 11.304, 11.401, 11.462, 11.464, 11.465,
11.467, 11.470, 11.503, 12.02-7 and 15.812.
22. Eligibility for Officer Endorsements, General. (11.201)
In subparagraph (i), the words ``on its face'' were removed.
Although the authority granted by an officer endorsement will be
restricted to reflect any modifications made by the OCMI to satisfy the
unique qualification requirements of an applicant, the language ``on
its face'' seemed to imply a one page document. If the format of the
MMC ends up being a multi-page document, the words ``on its face''
would be inappropriate. If a single paged document is chosen as the
format of the MMC, this language would likely be reinserted at the
final rule stage.
23. Identification Credentials for Persons Requiring Access to
Waterfront Facilities or Vessels. (33 CFR part 125)
The proposed changes to this section were removed because they have
already been made in the TWIC final rule published elsewhere in today's
Federal Register.
24. Amendments From the TWIC Final Rule. (10.113, 12.01-11 and 15.415)
These sections are new sections that are added to title 46 by the
TWIC final rule published elsewhere in today's Federal Register. This
SNPRM proposes to remove 46 CFR sections 10.113, 12.01-11 and 15.415 as
they will be duplicative and will no longer be necessary if the
proposed regulatory text in this SNPRM becomes effective.
25. Other Corrections Outside 46 CFR Part 10
We removed the amendatory instruction for 46 CFR 5.15. The proposed
change is no longer necessary because it has already been made by a
technical amendment entitled Mariner Licensing and Documentation
Program Restructuring and Centralization published on August 21, 2006
at 71 FR 48480.
In 46 CFR 11.467(h), we made a correction for clarification. Where
it previously read ``An applicant * * * who intends to serve only in
the vicinity of Puerto Rico, and who speaks Spanish only, may be issued
an endorsement * * *'' we changed it to read ``who speaks Spanish but
not English''. The correction was made because we do not intend to
restrict individuals who speak multiple languages from obtaining this
endorsement.
The table in section 10.403 (now 11.403) was revised to reflect the
change from license to officer endorsements. The table, with changes,
has been added to this SNPRM.
VI. Other Regulations
Since the publication of the NPRM, on November 24, 2006 the
Department of State (DOS) published its ``Documents Required for
Travelers Departing From or Arriving in the United States at Air Ports-
of-Entry From Within the Western Hemisphere'' final rule (71 FR 68412).
In that rulemaking, DOS implemented new documentation requirements for
certain U.S. citizens
[[Page 3638]]
and nonimmigrant aliens entering the U.S. The DOS designated the MMD in
addition to the passport as sufficient to denote identity and
citizenship and acceptable for air and sea travel. A TWIC was deemed
insufficient for this purpose. In its rule, DOS noted the proposed 5
year phase out of the MMD, but made no determination as to whether the
MMC would also be deemed sufficient. The Coast Guard will provide DOS
with a sample MMC and information regarding the credential once it is
available.
V. Regulatory Evaluation
A. Executive Order 12866 (Regulatory Planning and Review)
Executive Order 12866, ``Regulatory Planning and Review'', 58 FR
51735, October 4, 1993, requires a determination whether a regulatory
action is ``significant'' and therefore subject to review by the Office
of Management and Budget (OMB) and subject to the requirements of the
Executive Order. This proposed rule is not significant under Executive
Order 12866 and has not been reviewed by OMB.
This proposed rule makes substantive changes to the requirements in
46 CFR parts 10, 12, 13, 14, and 15 for the form on which the mariner's
qualifications appear and the credential that would serve as the
mariner's primary identification credential, and makes many non-
substantive nomenclature changes throughout Titles 33 and 46 of the
Code of Federal Regulations. Title 46 lays out the standards for
merchant mariners, including eligibility and training requirements to
obtain credentials needed to serve in one of the many roles in the
merchant marine; whereever possible, this rulemaking would not change
these qualification requirements. This rulemaking would combine the
elements of the Merchant Mariner's License (License), Merchant
Mariner's Document (MMD), Standards of Training, Certification and
Watchkeeping (STCW) Endorsement, and Certificate of Registry (COR) into
one document, called the Merchant Mariner Credential (MMC). Although it
technically serves as a certificate of identification, practically, the
MMC would serve as the mariner's qualification document.
This Supplementary Notice of Proposed Rulemaking (SNPRM) is
published in conjunction with a joint Final rule published by the Coast
Guard and the Transportation Security Administration entitled
``Transportation Worker Identification Credential (TWIC) Implementation
in the Maritime Sector; Hazardous Materials Endorsement for a
Commercial Driver's License'' (the ``TWIC rule''). This SNPRM and the
TWIC rule follow the publication of a Notice of Proposed Rulemaking for
this rulemaking published May 22, 2006 at 71 FR 29462, and a joint
Notice of Proposed Rulemaking published by the Coast Guard and the
Transportation Security Administration for the TWIC rule published the
same day at 71 FR 29396.
The TWIC rule implements requirements required by the 46 U.S.C.
70105 and would require all merchant mariners holding an active
License, MMD, COR or STCW Endorsement to hold a TWIC. The TWIC is a
biometric identification card. With this consolidation of credentials,
the TWIC would replace the MMD as the mariner's primary identity
document, and the MMD, License, COR, and STCW Endorsement would
consolidate into the MMC, which would serve as the mariner's
qualification document. All current qualification and suitability
requirements associated with Licenses, MMDs, STCW Endorsements, and
CORs would remain the same with only minor exceptions.
Currently, all four credentials (MMD, License, COR, and STCW
Endorsement) are issued at one of 17 Coast Guard Regional Examination
Centers (RECs). For first time applicants, the process of obtaining an
MMD, License, COR, or STCW Endorsement requires at least two visits to
an REC. During the first visit, an applicant must be fingerprinted by,
and establish his or her identity and legal presence in the U.S., to an
REC employee.
After the successful completion of a safety and security review,
verification of an applicant's identity, and verification that the
applicant has satisfied all other requirements for the particular
credential sought, an REC will issue the credential to the applicant.
All first time applicants must then return to the REC a second time to
receive their credential and take an oath to faithfully perform all
duties required of them by law. Individuals renewing credentials do not
need to restate the oath and may receive their renewed credentials by
mail. However, all applicants, those seeking new credentials as well as
those seeking to renew their credentials, must travel to an REC once in
the application process to be fingerprinted by, and show proof of
identification to an REC employee.
The requirements to receive a TWIC are similar to the requirements
to receive an MMD. In order for an applicant to receive a TWIC, the
applicant is required to travel to a designated TWIC enrollment center
to submit fingerprints, proofs of identity, citizenship and alien
status (if applicable). A background check is conducted to determine
that the applicant is not a security risk. Once the applicant has been
approved, they must return to the TWIC enrollment center to pick up the
TWIC and prove their identity by a one to one match of their
fingerprint against the electronic fingerprint stored on the card. TSA
will submit to the Coast Guard the applicant's fingerprints,
photograph, proof of citizenship, proof of alien status (if
applicable), and FBI number and criminal record (if applicable)
provided with the individual's TWIC application.
Since the applicant's fingerprints, photograph and proofs of
citizenship and identity will have been verified by TSA, this proposed
rulemaking would no longer require the merchant mariner to travel to an
REC to submit this information. In addition to allowing the merchant
mariner to mail in their application, this proposed rule would also
allow new applicants to mail in their notarized oath, which would be a
nominal cost to the applicant. This would remove the requirement for a
second trip to the REC to pick up their card and take the oath. This
rulemaking proposes to create the possibility for a mariner to receive
his or her MMC entirely through the mail. Written examinations would
still occur at RECs, and the RECs would remain accessible to mariners
should they choose to seek their services in person.
This rulemaking would also remove the $45 issuance fee for
continuity licenses and MMDs. These documents are issued to applicants
for renewal of licenses and MMDs that are endorsed with qualified
ratings who are unwilling or otherwise unable to meet all the
requirements to serve, and allows the mariner to renew the license or
MMD with the following restrictive endorsement placed on the license:
``License renewed for continuity purposes only; service under the
authority of this license is prohibited.'' Merchant mariner's documents
are issued with the following restrictive endorsement: ``Continuity
only; service under document prohibited.''
The following sections discuss the baseline population of
applicants that will be affected by this rulemaking and provides an
assessment of the impacts to merchant mariners by this proposed
rulemaking.
Baseline Population
The Coast Guard data for the number of affected merchant mariners
came from the National Maritime Center
[[Page 3639]]
(NMC), which provides credentialing, training, and certification
services to all merchant mariners. There are approximately 205,000
credentialed merchant mariners. The NMC also estimates that the current
population of mariners with a continuity document is approximately
4,500. In addition to the current population of merchant mariners there
are a number of new applicants every year.
Assessment
Under the current rule, applicants pay a $45 issuance fee for each
credential that they apply for. Under the proposed rulemaking the
applicants would only apply for a single credential (the MMC) and as a
result would only be required to pay one $45 issuance fee regardless of
the number of endorsements that they carry. This change is not a
reduction in any fee that a mariner must pay, but a reduction in the
number of fees that the mariner must pay. Any mariner that would, under
the current rules, solicit multiple mariner qualifying documents, would
benefit from this change in the fee structure.
If the merchant mariner has not synchronized the expiration dates
of his or her current credentials then they may currently be traveling
to an REC multiple times. The issuance of the MMC would require
mariners to track and update only one document and would potentially
eliminate the need to travel to an REC entirely. This would provide
greater flexibility to the mariner. Currently, approximately 13,843
mariners have more than one credential and have not aligned their
expiration dates. These mariners would not only receive a benefit from
reduced application fees but also from fewer, if any, trips to an REC.
In order to reduce the burden of traveling and having to apply for
a new MMC before the mariner's current MMD, license, COR or STCW
endorsement expires, this proposed rulemaking would allow mariners to
apply for an MMC at the time that their current credentials expire,
which would essentially phase in the MMC over a five-year period. Since
all currently issued credentials are valid for five-year periods, all
mariners would have to renew their credentials by the close of the
five-year grace period. When a mariner applies to renew his or her MMD,
License, COR, or STCW endorsement, they would instead be issued an MMC,
which would reflect all of their qualifications in the form of
endorsements on the MMC. This would allow mariners to apply over a
longer period of time and would not create an additional burden by
requiring mariners to make an extra trip to the RECs. Mariners whose
credentials do not expire simultaneously may choose to wait to renew
the credentials that have yet to expire, but if the applicant later
chooses to renew that credential, the expiration date of the MMC on
which the endorsement would be added would not change unless the
mariner also renews all other endorsements on the MMC.
Currently, mariners may only renew their credentials within 12
months of their expiration date. This proposed rulemaking would allow
mariners to apply for renewal anytime before their current credentials
expire, and up to one year after the expiration date. As a result, this
rulemaking would provide greater flexibility to mariners by allowing
them to apply for an MMC at the time they choose.
In the Licensing rule, published on January 13, 2006 (71 FR 2154),
it was estimated that approximately 60 percent of current mariners live
within one-day roundtrip travel to an REC, 30 percent live within
overnight roundtrip travel (one night and two days) to an REC, and 10
percent live at a distance greater than overnight roundtrip travel
(greater than one night and two days) to an REC. This was derived from
national percentages for all mariners who have addresses on file with
the NMC. In the TWIC rule, TSA and the Coast Guard foresee that there
would be many more TWIC centers than Coast Guard RECs. By allowing
mariners to visit TWIC enrollment centers instead of RECs, this
proposed rule would provide a potential benefit to mariners by reducing
their current travel costs and time currently required to receive a
credential.
In the Licensing rule, the cost for mariners to travel to and from
one of 17 RECs was estimated. The travel cost to mariners for a one-day
roundtrip travel to and from an REC is $387. The estimated cost to
mariners for overnight roundtrip travel is $911. Applicants who live
distances greater than 200 miles and must travel for more than one
night would incur the maximum estimated cost of $1,185.
The TWIC has the effect of transferring the cost of travel from an
REC to the cost of travel to a TWIC enrollment center, but that cost is
associated with the TWIC rule, not with this rule. The overall cost for
mariners associated with this rulemaking would decrease or remain the
same and would serve to provide more flexibility to mariners since
there will be more TWIC enrollment centers than RECs, so the distance
required and the amount of time spent traveling would be reduced. Based
on the percentages above, 60 percent of the mariners that live within
one-day roundtrip travel would potentially receive the economic
benefits of having a TWIC enrollment center located closer to them than
one of the current RECs. The remaining 30 percent of mariners that live
within an overnight round-trip travel and the 10 percent of mariners
that live a distance greater than an overnight roundtrip travel have an
increased likelihood of having a TWIC enrollment center located closer
to them than one of the current RECs and would potentially receive an
even greater benefit in travel cost savings from this proposed rule.
In addition to these benefits, the removal of the issuance fee for
continuity documents would provide mariners who choose to apply for a
continuity document a savings of $45.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
We do not expect this proposed rule to have a significant impact on
a large number of small entities. This rulemaking consolidates the
number of credentials merchant mariners must carry and streamlines the
application process in a way that would help prevent abuse, reduce cost
and assist the Coast Guard in its effort to help secure U.S. marine
infrastructure, commercial activities, and the free flow of trade.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule will not have a significant economic impact on a substantial
number of U.S. small entities. If you think that your business,
organization, or governmental jurisdiction qualifies as a small entity
and that this rulemaking will have a significant economic impact on it,
please submit a comment to the Docket Management Facility at the
address under ADDRESSES. In your comment, explain why you think your
business qualifies and how and to what degree this rulemaking would
economically affect it.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the proposed rule so that
[[Page 3640]]
they could better evaluate its effects on them and participate in the
rulemaking. If this proposed rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please contact the
individuals listed in above in the section titled FOR FURTHER
INFORMATION CONTACT.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with Federal
regulations, to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
D. Collection of Information
This proposed rule would call for a collection of information under
the Paperwork Reduction Act of 1995, Title 44, United States Code (44
U.S.C.) sections 3501-3520. This rulemaking will require the
modification of one or more credentialing program collections of
information currently approved by the Office of Management and Budget
(OMB) under OMB Control Numbers 1625-0040, 1625-0012, 1625-0078 and
1625-0079. A number of policy decisions must be made before the changes
to those collections can be finalized such as methods of submission,
the format of the application form, and the format of the MMC itself.
Because the proposed regulatory changes in this SNPRM would not go into
effect until approximately August 2008, approval for revisions to these
OMB Control Numbers will not be submitted to OMB until these policy
decisions have been made. This submission will occur, however, prior to
the publication of any Final Rule.
We request public comment on the collection of information to help
us determine how useful the information is; whether it can help us
perform our functions better; whether it is readily available
elsewhere; how accurate our estimate of the burden of collection is;
how valid our methods for determining burden are; how we can improve
the quality, usefulness, and clarity of the information; and how we can
minimize the collection burden.
If you submit comments on the collection of information, submit
them to both OMB and the Docket Management Facility where indicated
under ADDRESSES, by the date under DATES.
You need not respond to a collection of information unless it
displays a currently valid control number from OMB. Before the
requirements for this collection of information become effective, we
will publish notice in the Federal Register of OMB's decision to
approve, modify, or disapprove the collection.
E. Executive Order 13132 (Federalism)
This rule will not have substantial direct effects on the States,
on the relationship between the National Government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with section 6 of
Executive Order 13132, the Coast Guard certifies that this proposed
rule does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement.
The law is well settled that States may not regulate in categories
expressly reserved for regulation by the Coast Guard. The law also is
well settled that all of the categories covered in 46 U.S.C. 3306,
3703, 7101, and 8101 (design, construction, alteration, repair,
maintenance, operation, equipping, personnel qualification, and manning
of vessels), as well as the reporting of casualties and any other
category in which Congress intended the Coast Guard to be the sole
source of a vessel's obligations, are within the field foreclosed from
regulation by the States. See United States v. Locke and Intertanko v.
Locke, 529 U.S. 89, 120 S.Ct. 1135 (March 6, 2000). Since this proposed
rule involves the credentialing of merchant mariners, it relates to
personnel qualifications and is foreclosed from regulation by the
States. Because the States may not regulate within this category, this
rule does not present new preemption issues under Executive Order
13132.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. The Coast Guard does not expect this rule to result in such
an expenditure.
G. Executive Order 12630 (Taking of Private Property)
This proposed rule will not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
H. Executive Order 12988 (Civil Justice Reform)
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
I. Executive Order 13045 (Protection of Children)
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
does not create an environmental risk to health or safety that may
disproportionately affect children.
J. Executive Order 13175 (Indian Tribal Governments)
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments because it does not have a substantial direct effect on one
or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
K. Executive Order 13211 (Energy Effects)
The Coast Guard has analyzed this rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that Order. This rule would affect only the
issuance of credentials to merchant mariners and therefore is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy.
The Administrator of the Office of Information and Regulatory
Affairs for the Office of Management and Budget has not designated this
proposed rule as a significant energy action. Therefore, it does not
require a Statement of Energy Effects under Executive Order 13211.
[[Page 3641]]
L. Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, the
Coast Guard did not consider the use of voluntary consensus standards.
M. National Environmental Policy Act
The Coast Guard has analyzed this proposed rule under Commandant
Instruction M16475.1D, which guides the Coast Guard in complying with
the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-
4370f). We have concluded that there are no factors in this case that
would limit the use of a categorical exclusion under section 2.B.2 of
the Instruction. Therefore, we believe this rule should be
categorically excluded from further environmental documentation under
Figure 2-1, paragraph (34) (c) of the Instruction. This rule involves
the training, qualifying, licensing and disciplining of maritime
personnel and involves matters of procedure only; it consolidates the
credentials issued to merchant mariners and revises the application
process for issuing those credentials. An ``Environmental Analysis
Check List'' and a ``Categorical Exclusion Determination'' are
available in the docket where indicated under ADDRESSES.
List of Subjects
33 CFR Part 1
Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of information, Penalties.
33 CFR Part 20
Administrative practice and procedure, Hazardous substances, Oil
pollution, Penalties, Water pollution control.
33 CFR Part 70
Navigation (water) and Penalties.
33 CFR Part 95
Alcohol abuse, Drug abuse, Marine safety, and Penalties.
33 CFR Part 101
Harbors, Maritime security, Reporting and recordkeeping
requirements, Security measures, Vessels, Waterways.
33 CFR Part 110
Anchorage grounds.
33 CFR Part 141
Citizenship and naturalization, Continental shelf, Employment,
Reporting and recordkeeping requirements.
33 CFR Part 155
Alaska, Hazardous substances, Oil pollution, Reporting and
recordkeeping requirements.
33 CFR Part 156
Hazardous substances, Oil pollution, Reporting and recordkeeping
requirements, Water pollution control.
33 CFR Part 160
Administrative practice and procedure, Harbors, Hazardous materials
transportation, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Vessels, Waterways.
33 CFR Part 162
Navigation (water) and Waterways.
33 CFR Part 163
Cargo vessels, Harbors, Navigation (water), Waterways.
33 CFR Part 164
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
46 CFR Part 1
Administrative practice and procedure, Organization and functions
(Government agencies), Reporting and recordkeeping requirements.
46 CFR Part 4
Administrative practice and procedure, Drug testing,
Investigations, Marine safety, Nuclear vessels, Radiation protection,
Reporting and recordkeeping requirements, Safety, Transportation.
46 CFR Part 5
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Investigations, Seamen.
46 CFR Part 10
Penalties, Reporting and recordkeeping requirements, Seamen,
Transportation worker identification card.
46 CFR Part 11
Penalties, Reporting and recordkeeping requirements, Schools,
Seamen.
46 CFR Part 12
Penalties, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 13
Cargo vessels, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 14
Oceanographic research vessels, Reporting and recordkeeping
requirements, Seamen.
46 CFR Part 15
Reporting and recordkeeping requirements, Seamen, Vessels.
46 CFR Part 16
Drug testing, Marine safety, Reporting and recordkeeping
requirements, Safety, Transportation.
46 CFR Part 26
Marine safety, Penalties, Reporting and recordkeeping requirements.
46 CFR Part 28
Alaska, Fire prevention, Fishing vessels, Marine safety,
Occupational safety and health, Reporting and recordkeeping
requirements, Seamen.
46 CFR Part 30
Cargo vessels, Foreign relations, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements,
Seamen.
46 CFR Part 31
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 35
Cargo vessels, Marine safety, Navigation (water), Occupational
safety and health, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 42
Penalties, Reporting and recordkeeping requirements, Vessels.
[[Page 3642]]
46 CFR Part 58
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 61
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 78
Marine safety, Navigation (water), Passenger vessels, Penalties,
Reporting and recordkeeping requirements.
46 CFR Part 97
Cargo vessels, Marine safety, Navigation (water), Reporting and
recordkeeping requirements.
46 CFR Part 98
Cargo vessels, Hazardous materials transportation, Marine safety,
Reporting and recordkeeping requirements, Water pollution control.
46 CFR Part 105
Cargo vessels, Fishing vessels, Hazardous materials transportation,
Marine safety, Petroleum, Seamen.
46 CFR Part 114
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 115
Fire prevention, Marine safety, Passenger vessels, Reporting and
recordkeeping requirements.
46 CFR Part 122
Marine safety, Passenger vessels, Penalties, Reporting and
recordkeeping requirements.
46 CFR Part 125
Administrative practice and procedure, Cargo vessels, Hazardous
materials transportation, Marine safety, Seamen.
46 CFR Part 131
Cargo vessels, Fire prevention, Marine safety, Navigation (water),
Occupational safety and health, Reporting and recordkeeping
requirements.
46 CFR Part 151
Cargo vessels, Hazardous materials transportation, Marine safety,
Reporting and recordkeeping requirements, Water pollution control.
46 CFR Part 166
Schools, Seamen, Vessels.
46 CFR Part 169
Fire prevention, Marine safety, Reporting and recordkeeping
requirements, Schools, Vessels.
46 CFR Part 175
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 176
Fire prevention, Marine safety, Passenger vessels, Reporting and
recordkeeping requirements.
46 CFR Part 185
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 196
Marine safety, Oceanographic research vessels, Reporting and
recordkeeping requirements.
46 CFR Part 199
Cargo vessels, Marine safety, Oil and gas exploration, Passenger
vessels, Reporting and recordkeeping requirements.
46 CFR Part 401
Administrative practice and procedure, Great lakes, Navigation
(water), Penalties, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 402
Great Lakes, Navigation (water), Seamen.
The Amendments
For the reasons listed in the preamble, the Coast Guard proposes to
amend 33 CFR parts 1, 20, 70, 95, 101, 110, 141, 155, 156, 160, 162,
163, 164, and 165; 46 CFR parts 1, 4, 5, 10, 12, 13, 14, 15, 16, 26,
28, 30, 31, 35, 42, 58, 61, 78, 97, 98, 105, 114, 115, 122, 125, 131,
151, 166, 169, 175, 176, 185, 196, 199, 401 and 402; and in 46 CFR, add
a new part 11 as follows:
33 CFR Chapter I
PART 1--GENERAL PROVISIONS
1. The authority citation for part 1 continues to read as follows:
Authority: 14 U.S.C. 633; 33 U.S.C. 401, 491, 525, 1321, 2716,
and 2716a; 42 U.S.C. 9615; 49 U.S.C. 322; 49 CFR 1.45(b), 1.46;
section 1.01-70 also issued under the authority of E.O. 12580, 3
CFR, 1987 Comp., p. 193; and sections 1.01-80 and 1.01-85 also
issued under the authority of E.O. 12777, 3 CFR, 1991 Comp., p. 351.
Sec. 1.08-5 [Amended]
2. In Sec. 1.08-5(b)(1), after the word ``licensed'', add the
words ``or credentialed''.
Sec. 1.25-1 [Amended]
3. In Sec. 1.25-1(a), remove the words ``documents, certificates,
or licenses'' and add, in their place, the words ``merchant mariner
credentials, merchant mariner documents, licenses or certificates''.
PART 20--RULES OF PRACTICE, PROCEDURE, AND EVIDENCE FOR FORMAL
ADMINISTRATIVE PROCEEDINGS OF THE COAST GUARD
4. The authority citation for part 20 continues to read as follows:
Authority: 33 U.S.C. 1321; 42 U.S.C. 9609; 46 U.S.C. 7701, 7702;
49 CFR 1.46.
5. In Sec. 20.102--
a. In the definition for ``Complaint'', after the word
``merchant'', add the words ``mariner credential,'';
b. In the definition for ``Suspension and revocation proceeding or
S&R proceeding'', after the words ``merchant mariner's'', add the word
``credential,''; and
c. Add definitions for the terms ``credential'' and ``Merchant
mariner credential or MMC'', in alphabetical order, to read as follows:
Sec. 20.102 Definitions.
* * * * *
Credential means any or all of the following:
(1) Merchant mariner's document.
(2) Merchant mariner's license.
(3) STCW endorsement.
(4) Certificate of registry.
(5) Merchant mariner credential.
* * * * *
Merchant mariner credential or MMC means the credential issued by
the Coast Guard under 46 CFR part 10. It combines the individual
merchant mariner's document, license, and certificate of registry
enumerated in 46 U.S.C. subtitle II part E as well as the STCW
endorsement into a single credential that serves as the mariner's
qualification document, certificate of identification, and certificate
of service.
* * * * *
Sec. 20.904 [Amended]
6. In Sec. 20.904--
a. In paragraph (e)(1) introductory text, after the words
``certificate of registry'' remove the word ``or''; and, after the word
``document'', add the words ``, credential, or endorsement'';
b. In paragraph (e)(1)(i)(B), after the word ``certificate'' remove
the word ``or''; and, after the word ``document'', add the words ``,
credential, or endorsement'';
c. In paragraph (f) introductory text, after the words ``revocation
of a'', add the words ``credential, endorsement,''; and
d. In paragraph (f)(1), after the words ``issuance of a new''
remove the words
[[Page 3643]]
``license, certificate, or document'' and add, in their place the words
``merchant mariner credential with appropriate endorsement''.
Sec. 20.1201 [Amended]
7. In Sec. 20.1201--
a. In paragraph (a), remove the word ``merchant mariner's license,
certificate of registry, or document'' and add, in their place, the
words ``mariner's credential'';
b. In paragraph (b) introductory text, before the words ``license,
certificate, or document'' wherever they appear, add the words
``merchant mariner credential,''; and
c. In paragraph (b)(2)(ii), after the words ``renewal of the'', add
the words ``merchant mariner credential,''.
Sec. 20.1202 [Amended]
8. In Sec. 20.1202(a), before the words ``license, certificate of
registry, or document'', add the word ``credential,''.
Sec. 20.1205 [Amended]
9. In Sec. 20.1205--
a. In the section heading, before the words ``license, certificate
of registry, or document'', add the words ``merchant mariner
credential,'';
b. In paragraph (a), after the words ``move that his or her'', add
the words ``merchant mariner credential,''; and
c. In paragraph (b), after the words ``return of the suspended'',
add the word ``credential,''.
Sec. 20.1307 [Amended]
10. In Sec. 20.1307 paragraph (c)(2), after words ``merchant
mariner's license'', add the words ``, merchant mariner credential,''.
PART 70--INTERFERENCE WITH OR DAMAGE TO AIDS TO NAVIGATION
11. The authority citation for part 70 continues to read as
follows:
Authority: Secs. 14, 16, 30 Stat. 1152, 1153; secs. 84, 86, 92,
633, 642, 63 Stat. 500, 501, 503, 545, 547 (33 U.S.C. 408, 411, 412;
14 U.S.C. 84, 86, 92, 633, 642).
Sec. 70.05-10 [Amended]
12. In Sec. 70.05-10--
a. In the section heading, after the words ``Revocation of'', add
the words ``merchant mariner credential officer endorsement or''; and
b. In the text of the section, after the words ``shall also have
his'', add the words ``merchant mariner credential officer endorsement
or''.
PART 95--OPERATING A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL OR
A DANGEROUS DRUG
13. Revise the authority citation for part 95 to read as follows:
Authority: 33 U.S.C. 2071; 46 U.S.C. 2302; Department of
Homeland Security Delegation No. 0170.1.
Sec. 95.015 [Amended]
14. In Sec. 95.015(b), remove the words ``a licensed individual''
and add, in their place, the words ``an officer''.
Sec. 95.045 [Amended]
15. In Sec. 95.045 introductory text, remove the words ``a
licensed individual'' and add, in their place, the words ``an
officer''.
PART 101--MARITIME SECURITY: GENERAL
16. The authority citation for part 101 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 192; Executive Order 12656, 3 CFR 1988 Comp., p. 585; 33
CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland
Security Delegation No. 0170.1.
17. In Sec. 101.105--
a. In the definitions for ``Master'' and ``Operator, Uninspected
Towing Vessel'', before the word ``license'', wherever it appears, add
the words ``merchant mariner credential or''; and
b. Add a definition for the term ``Merchant mariner credential or
MMC'' to read as follows:
Sec. 101.105 Definitions.
* * * * *
Merchant mariner credential or MMC means the credential issued by
the Coast Guard under 46 CFR part 10. It combines the individual
merchant mariner's document, license, and certificate of registry
enumerated in 46 U.S.C. subtitle II part E as well as the STCW
endorsement into a single credential that serves as the mariner's
qualification document, certificate of identification, and certificate
of service.
* * * * *
PART 110--ANCHORAGE REGULATIONS
18. The authority citation for part 110 is revised to read as
follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1(g); Department of Homeland Security Delegation No.
0170.1.
Sec. 110.186 [Amended]
19. In Sec. 110.186(b)(3), after the words ``English speaking
licensed'', add the words ``or credentialed''.
Sec. 110.188 [Amended]
20. In Sec. 110.188(b)(10), after the word ``licensed'', add the
words ``or credentialed''.
Sec. 110.214 [Amended]
21. In Sec. 110.214(a)(3)(i), after the word ``licensed'' add the
words ``or credentialed''.
PART 141--PERSONNEL
22. The authority citation for part 141 is revised to read as
follows:
Authority: 43 U.S.C. 1356; 46 U.S.C. 70105; 49 CFR 1.46(z) .
Sec. 141.5 [Amended]
23. In Sec. 141.5(b)(1) remove the words ``licensed officers, and
unlicensed crew'' and add, in their place, the words ``crew, and
officers holding a valid license or MMC with officer endorsement''.
24. In Sec. 141.10, add a definition for the term ``Transportation
Worker Identification Credential or TWIC'', in alphabetical order, to
read as follows:
Sec. 141.10 Definitions.
* * * * *
Transportation Worker Identification Credential or TWIC means an
identification credential issued by the Transportation Security
Administration according to 49 CFR part 1572.
Sec. 141.25 [Amended]
25. In Sec. 141.25--
a. In paragraph (a) introductory text, remove the word ``The'' and
add, in its place, the words ``For the purposes of this part, the'';
and
b. In paragraph (a)(1), before the words ``merchant mariner's
document'', add the word ``valid'', and remove the words ``under 46 CFR
Part 12''.
Sec. 141.30 [Amended]
26. In Sec. 141.30--
a. In the introductory text, remove the first appearance of the
word ``The'' and add, in its place, the words ``For the purposes of
this part, the'';
b. In paragraph (a), before the words ``merchant mariner's
document'', add the word ``valid'', and remove the words ``under 46 CFR
Part 12''; and
c. In paragraph (b), remove the words ``Immigration and
Naturalization Service'' and add, in their place, the words
``Immigration and Customs Enforcement Agency''; and
d. Add a new paragraph (d) to read as follows:
Sec. 141.30 Evidence of status as a resident alien.
* * * * *
(d) A valid Transportation Worker Identification Credential.
Sec. 141.35 [Amended]
27. In Sec. 141.35(a)(1), after the words ``merchant mariner's
document'', add
[[Page 3644]]
the words, ``Transportation Worker Identification Credential,''.
PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION
REGULATIONS FOR VESSELS
28. The authority citation for part 155 continues to read as
follows:
Authority: 33 U.S.C. 1231, 1321(j); E.O. 11735, 3 CFR, 1971-1975
Comp., p. 793. Sections 155.100 through 155.130, 150.350 through
155.400, 155.430, 155.440, 155.470, 155.1030(j) and (k), and
155.1065(g) are also issued under 33 U.S.C. 1903(b). Sections
155.480, 155.490, 155.750(e), and 155.775 are also issued under 46
U.S.C. 3703. Section 155.490 also issued under section 4110(b) of
Pub. L. 101-380.
29. Revise Sec. 155.110 to read as follows:
Sec. 155.110 Definitions.
Except as specifically stated in a section, the definitions in part
151 of this chapter, except for the word ``oil'', and in part 154 of
this chapter, apply to this part. The following definition also applies
to this part:
Merchant mariner credential or MMC means the credential issued by
the Coast Guard under 46 CFR part 10. It combines the individual
merchant mariner's document, license, and certificate of registry
enumerated in 46 U.S.C. subtitle II part E as well as the STCW
endorsement into a single credential that serves as the mariner's
qualification document, certificate of identification, and certificate
of service.
Sec. 155.710 [Amended]
30. In Sec. 155.710--
a. In paragraph (a)(2), after the word ``license'', add the words
``or officer endorsement'';
b. In paragraph (e)(1), remove the words ``a licensed person'' and
add, in their place, the words ``an officer''; after the words ``holds
a valid license'', add the words ``or merchant mariner credential'';
remove the words ``part 10'' and add, in their place, the words
``chapter I, subchapter B,''; and after the words ``merchant mariner's
document'', add the words ``or merchant mariner credential'';
c. In paragraph (f), after the word ``MMD'', add the words `` or
merchant mariner credential''; and after the words ``either a
license'', add the words ``, officer endorsement,''; and
d. In paragraph (g), after the words ``need not hold any of the'',
add the words ``merchant mariner credentials,''.
Sec. 155.815 [Amended]
31. In Sec. 155.815(b), after the word ``licensed'' add the words
``or credentialed''.
PART 156--OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS
32. The authority citation for part 156 continues to read as
follows:
Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3703a, 3715; E.O.
11735, 3 CFR 1971-1975 Comp., p. 793. Section 156.120(bb) and (ee)
are also issued under 46 U.S.C. 3703.
Sec. 156.210 [Amended]
33. In Sec. 156.210(d), remove the words ``a licensed individual''
and add, in their place, the words ``an officer''.
PART 160--PORTS AND WATERWAYS SAFETY--GENERAL
34. The authority citation for part 160 continues to read as
follows:
Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. Chapter 701;
Department of Homeland Security Delegation No. 0170.1. Subpart C is
also issued under the authority of 33 U.S.C. 1225 and 46 U.S.C.
3715.
Sec. 160.113 [Amended]
35. In Sec. 160.113(b)(4), remove the word ``licensed''.
PART 162--INLAND WATERWAYS NAVIGATION REGULATIONS
36. The authority citation for part 162 is revised to read as
follows:
Authority: 33 U.S.C. 1231; Department of Homeland Security
Delegation No. 0170.1.
37. Add a new Sec. 162.5 to read as follows:
Sec. 162.5 Definitions.
The following definition applies to this part:
Merchant mariner credential or MMC means the credential issued by
the Coast Guard under 46 CFR part 10. It combines the individual
merchant mariner's document, license, and certificate of registry
enumerated in 46 U.S.C. subtitle II part E as well as the STCW
endorsement into a single credential that serves as the mariner's
qualification document, certificate of identification, and certificate
of service.
Sec. 162.130 [Amended]
38. In Sec. 162.130(c), in the definition for ``Master'', after
the words ``means the'', remove the word ``licensed''; and, after the
words ``vessel not requiring'', remove the words ``licensed personnel''
and add, in their place, the words ``persons holding licenses or
merchant mariner credential officer endorsements''.
PART 163--TOWING OF BARGES
39. The authority citation for part 163 continues to read as
follows:
Authority: 33 U.S.C. 152, 2071; 49 CFR 1.46(n).
Sec. 163.01 [Amended]
40. In Sec. 163.01(b), after the word ``license'', add the words
``or merchant mariner credential''.
41. Add a new Sec. 163.03 to read as follows:
Sec. 163.03 Definitions.
The following definition applies to this part:
Merchant mariner credential or MMC means the credential issued by
the Coast Guard under 46 CFR part 10. It combines the individual
merchant mariner's document, license, and certificate of registry
enumerated in 46 U.S.C. subtitle II part E as well as the STCW
endorsement into a single credential that serves as the mariner's
qualification document, certificate of identification, and certificate
of service.
PART 164--NAVIGATION SAFETY REGULATIONS
42. The authority citation for part 164 continues to read as
follows:
Authority: 33 U.S.C. 1222(5), 1223, 1231; 46 U.S.C. 2103, 3703;
Department of Homeland Security Delegation No. 0170.1 (75). Sec.
164.13 also issued under 46 U.S.C. 8502. Sec. 164.61 also issued
under 46 U.S.C. 6101.
Sec. 164.13 [Amended]
43. In Sec. 164.13--
a. In paragraph (b), remove the words ``a licensed engineer'' and
add, in their place, the words ``an engineer with a properly endorsed
license or merchant mariner credential''; and
b. In paragraph (c), after the words ``at least two'', remove the
word ``licensed''; after the words ``deck officers'' add the words
``with a properly endorsed license or merchant mariner credential'';
and, after the words ``must be an individual'', remove the word
``licensed'' and add, in its place, the words ``holding an
appropriately endorsed license or merchant mariner credential''.
44. In Sec. 164.70, add a new definition for the term ``Merchant
mariner credential or MMC'', in alphabetical order, to read as follows:
Sec. 164.70 Definitions.
* * * * *
Merchant mariner credential or MMC means the credential issued by
the Coast Guard under 46 CFR part 10. It combines the individual
merchant mariner's document, license, and certificate of registry
enumerated in 46 U.S.C. subtitle II part E as well as the STCW
endorsement into a single
[[Page 3645]]
credential that serves as the mariner's qualification document,
certificate of identification, and certificate of service.
* * * * *
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
45. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
46. Add a new Sec. 165.3 to read as follows:
Sec. 165.3 Definitions.
The following definitions apply to this part:
Credential means any or all of the following:
(1) Merchant mariner's document.
(2) Merchant mariner's license.
(3) STCW endorsement.
(4) Certificate of registry.
(5) Merchant mariner credential.
Merchant mariner credential or MMC means the credential issued by
the Coast Guard under 46 CFR part 10. It combines the individual
merchant mariner's document, license, and certificate of registry
enumerated in 46 U.S.C. subtitle II part E as well as the STCW
endorsement into a single credential that serves as the mariner's
qualification document, certificate of identification, and certificate
of service.
Sec. 165.120 [Amended]
47. In Sec. 165.120(b)(1), remove the words `` the Licensed
Federal Pilot'' and add, in their place, the words ``an individual
holding a valid merchant mariner's license or merchant mariner
credential endorsed as pilot''.
Sec. 165.153 [Amended]
48. In Sec. 165.153(d)(6) and (d)(7), remove the word ``licensed''
wherever it appears.
Sec. 165.810 [Amended]
49. In Sec. 165.810(f)(1), remove the words ``licensed engineer''
and add, in their place, the words ``appropriately licensed or
credentialed engineer officer''.
Sec. 165.1310 [Amended]
50. In Sec. 165.1310(f)(2), remove the word ``licensed'' and add,
in its place, the words ``holding a license or merchant mariner
credential issued''.
46 CFR Chapter I
PART 1--ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE
SAFETY FUNCTIONS
51. The authority citation for part 1 continues to read as follows:
Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46
U.S.C. Chapter 93; Pub. L. 107-296, 116 Stat. 2135; Department of
Homeland Security Delegation No. 0170.1; Sec. 1.01-35 also issued
under the authority of 44 U.S.C. 3507.
52. In Sec. 1.01-05, add new paragraphs (d) and (e) to read as
follows:
Sec. 1.01-05 Definitions.
* * * * *
(d) The term Credential means any or all of the following:
(1) Merchant mariner's document.
(2) Merchant mariner's license.
(3) STCW endorsement.
(4) Certificate of registry.
(5) Merchant mariner credential.
(e) The term Merchant mariner credential or MMC means the
credential issued by the Coast Guard under 46 CFR part 10. It combines
the individual merchant mariner's document, license, and certificate of
registry enumerated in 46 U.S.C. subtitle II part E as well as the STCW
endorsement into a single credential that serves as the mariner's
qualification document, certificate of identification, and certificate
of service.
Sec. 1.01-10 [Amended]
53. In Sec. 1.01-10, in paragraph (b)(1)(ii)(C), remove the words
``licenses, documents or certificates'' and add, in their place, the
word ``credentials''.
Sec. 1.01-15 [Amended]
54. In Sec. 1.01-15--
a. In paragraph (a)(1), remove the words ``licenses, certificates,
and documents'' and add, in their place, the word ``credentials'' and
remove the words ``licensing, certificating'' and add, in their place,
the word ``credentialing''; and
b. In paragraph (b), remove the words ``licensing, certificating''
and add, in their place, the word ``credentialing'', and after the
words ``misbehavior of persons holding'', remove the words ``licenses,
certificates, or documents'' and add, in their place, the word
``credentials'', and after the words ``46 U.S.C. chapter 77 of'',
remove the words ``licenses, certificates and documents'' and add, in
their place, the word ``credential''.
Sec. 1.01-25 [Amended]
55. In Sec. 1.01-25--
a. In paragraph (b)(1), remove the words ``licenses, certificates,
or documents'' and add, in their place, the word ``credentials''; and
b. In paragraphs (c) introductory text and (c)(1) introductory
text, remove the words ``license, certificate or document'' wherever
they appear and add, in their place, the word ``credential''.
PART 4--MARINE CASUALTIES AND INVESTIGATIONS
56. The authority citation for part 4 continues to read as follows:
Authority: 33 U.S.C. 1231, 1321; 43 U.S.C. 1333; 46 U.S.C. 2103,
2306, 6101, 6301, 6305; 50 U.S.C. 198; Department of Homeland
Security Delegation No. 170.1. Authority for subpart 4.40: 49 U.S.C.
1903(a)(1)(E); Department of Homeland Security Delegation No.
0170.1.
57. Add Sec. 4.03-75 to read as follows:
Sec. 4.03-75 Merchant mariner credential and credential.
The following definitions apply to this part:
Credential means any or all of the following:
(1) Merchant mariner's document.
(2) Merchant mariner's license.
(3) STCW endorsement.
(4) Certificate of registry.
(5) Merchant mariner credential.
Merchant mariner credential or MMC means the credential issued by
the Coast Guard under 46 CFR part 10. It combines the individual
merchant mariner's document, license, and certificate of registry
enumerated in 46 U.S.C. subtitle II part E as well as the STCW
endorsement into a single credential that serves as the mariner's
qualification document, certificate of identification, and certificate
of service.
Sec. 4.07-1 [Amended]
58. In Sec. 4.07-1(c)(3), remove the words ``any licensed or
certificated person'' and add, in their place, the words ``any person
holding a Coast Guard credential''; and remove the words ``license or
certificate'' and add, in their place, the word ``credential''.
Sec. 4.07-10 [Amended]
59. In Sec. 4.07-10(a)(3), remove the words ``licenses or
certificates'' and add, in their place, the word ``credentials''.
PART 5--MARINE INVESTIGATION REGULATIONS--PERSONNEL ACTION
60. The authority citation for part 5 continues to read as follows:
Authority: 46 U.S.C. 2103, 7101, 7301, 7701; Department of
Homeland Security Delegation No. 0170.1.
Sec. 5.3 [Amended]
61. In Sec. 5.3 text, remove the words ``licenses, certificates or
documents''
[[Page 3646]]
and add, in their place, the words ``credentials or endorsements''.
Sec. 5.5 [Amended]
62. In Sec. 5.5 text, remove the word ``certification'' and add,
in its place, the words ``certificate, merchant mariner credential,
endorsement,''.
Sec. 5.19 [Amended]
63. In Sec. 5.19(b), remove the words ``license, certificate or
document'' and add, in their place, the words ``credential or
endorsement''.
64. Add a new Sec. 5.40 to read as follows:
Sec. 5.40 Credential and merchant mariner credential.
Credential means any or all of the following:
(1) Merchant mariner's document.
(2) Merchant mariner's license.
(3) STCW endorsement.
(4) Certificate of registry.
(5) Merchant mariner credential.
Merchant mariner credential or MMC means the credential issued by
the Coast Guard under 46 CFR part 10. It combines the individual
merchant mariner's document, license, and certificate of registry
enumerated in 46 U.S.C. subtitle II part E as well as the STCW
endorsement into a single credential that serves as the mariner's
qualification document, certificate of identification, and certificate
of service.
Sec. 5.55 [Amended]
65. In Sec. 5.55(a) introductory text, remove the words ``license,
certificate or document'' and add, in their place, the word
``credential''.
66. In Sec. 5.57--
a. Revise the section heading and paragraph (b) to read as set out
below;
b. In paragraph (a) introductory text, remove the words ``license,
certificate or document'' wherever they appear and add, in their place,
the words ``credential or endorsement''; and
c. In paragraph (c), remove the words ``license, certificate or
document'' and add, in their place, the words ``credential or
endorsement''.
Sec. 5.57 Acting under authority of Coast Guard credential or
endorsement.
* * * * *
(b) A person is considered to be acting under the authority of the
credential or endorsement while engaged in official matters regarding
the credential or endorsement. This includes, but is not limited to,
such acts as applying for renewal, taking examinations for raises of
grade, requesting duplicate or replacement credentials, or when
appearing at a hearing under this part.
* * * * *
Sec. 5.59 [Amended]
67. In Sec. 5.59--
a. In the section heading, remove the words ``licenses,
certificates or documents'' and add, in their place, the words
``credentials or endorsements''; and
b. In the introductory text, remove the words ``license,
certificate or document'' and add, in their place, the words
``credential or endorsement''.
Sec. 5.61 [Amended]
68. In Sec. 5.61--
a. In the section heading, remove the words ``licenses,
certificates or documents'' and add, in their place, the word
``credentials''; and
b. In paragraphs (a) introductory text and (b), remove the words
``license, certificate or document'' wherever they appear and add, in
their place, the words ``credential or endorsements''.
Sec. 5.101 [Amended]
69. In Sec. 5.101(a) introductory text, (a)(1), and (a)(2), remove
the words ``license, certificate or document'' wherever they appear and
add, in their place, the words ``credential or endorsement''.
Sec. 5.105 [Amended]
70. In Sec. 5.105(b), (c), and (e), remove the words ``license,
certificate or document'' and add, in their place, the words
``credential or endorsement''.
Subpart E--[Amended]
71. In the heading to subpart E, remove the words ``License,
Certificate or Document'' and add, in their place, the words ``Coast
Guard Credential or Endorsement''.
Sec. 5.201 [Amended]
72. In Sec. 5.201(a), (b) introductory text, (b)(4), (c), and (d),
remove the words ``license, certificate or document'' wherever they
appear and add, in their place, the words ``credential or
endorsement''.
Sec. 5.203 [Amended]
73. In Sec. 5.203(a), (b) introductory text, (b)(2), and (c),
remove the words ``license, certificate or document'' wherever they
appear and add, in their place, the words ``credential or
endorsement''.
Sec. 5.205 [Amended]
74. In Sec. 5.205--
a. In the section heading, remove the words ``license, certificate
of registry, or merchant mariners document'' and add, in their place,
the words ``credential or endorsement''; and
b. In paragraphs (a), (b) introductory text, (c) introductory text,
and (d), remove the words ``license, certificate or document'' wherever
they appear and add, in their place, the words ``credential or
endorsement''.
Sec. 5.501 [Amended]
75. In Sec. 5.501, remove the words ``license, certificate or
document'' and add, in their place, the words ``credential or
endorsement''.
Sec. 5.521 [Amended]
76. In Sec. 5.521--
a. In the section heading, remove the words ``license, certificate
or document'' and add, in their place, the word ``credential'';
b. In paragraph (a), after the words ``all valid'', remove the
words ``licenses, certificates, and/or documents'' and add, in their
place, the word ``credentials''; and, after the words ``alleges that'',
remove the words ``such license, certificate or document'' and add, in
their place, the word ``credential''; and
c. In paragraph (b), remove the words ``license, certificate, or
document'' and add, in their place, the word ``credential''.
Sec. 5.567 [Amended]
77. In paragraphs (b), (c) introductory text, (d), and (e), remove
the words ``licenses, certificates or documents'' wherever they appear
and add, in their place, the words ``credentials or endorsements''; and
remove the words ``license, certificate or document'' wherever they
appear and add, in their place, the words ``credential or
endorsement''.
Sec. 5.707 [Amended]
78. In Sec. 5.707--
a. In the section heading, remove the words ``license, certificate,
or document'' and add, in their place, the words ``credential or
endorsement'';
b. In paragraph (a), remove the words ``license, certificate or
document'' wherever they appear and add, in their place, the words
``credential or endorsement'';
c. In paragraph (c), remove the words ``document or license'' and
add, in their place, the words ``credential or endorsement'';
d. In paragraph (d), after the words ``All temporary'', remove the
word ``documents'' and add, in its place, the words ``credentials or
endorsements''; and, after the words ``If a temporary'', remove the
word ``document'' and add, in its place, the words ``credential or
endorsement'';
e. In paragraph (e), remove the word ``document'' and add, in its
place, the words ``credential or endorsement''; and
[[Page 3647]]
f. In paragraph (f), remove the word ``documents'' and add, in its
place, the word ``credential''.
Sec. 5.713 [Amended]
79. In Sec. 5.713(a), remove the words ``licenses, certificates,
or documents'' and add, in their place, the words ``credentials or
endorsements''.
Sec. 5.715 [Amended]
80. In Sec. 5.715--
a. In the section heading, remove the words ``document and/or
license'' and add, in their place, the words ``credential and/or
endorsement'';
b. In paragraph (a), remove the words ``document or license'' and
add, in their place, the words ``credential and/or endorsement''; and
c. In paragraph (c), remove the words ``document and/or license''
and add, in their place, the words ``credential and/or endorsement'';
and, after the words ``order. This'', remove the word ``document'' and
add, in its place, the words ``credential and/or endorsement''.
Subpart L--[Amended]
81. In the heading to subpart L, remove the words ``Licenses,
Certificates or Documents'' and add, in their place, the words
``Credential or Endorsement''.
Sec. 5.901 [Amended]
82. In Sec. 5.901(a), (c), (d) introductory text, and (e), remove
the words ``license, certificate or document'' wherever they appear and
add, in their place, the words ``credential or endorsement''.
Sec. 5.903 [Amended]
83. In Sec. 5.903(a), (c) introductory text, and (c)(2), remove
the words ``license, certificate or document'' wherever they appear and
add, in their place, the words ``credential or endorsement''.
Sec. 5.905 [Amended]
84. In Sec. 5.905(b), remove the words ``license, certificate or
document'' and add, in their place, the words ``credential or
endorsement''.
PART 10--MERCHANT MARINER OFFICERS AND SEAMEN
85. The authority citation for part 10 is revised to read as
follows:
Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103,
and 2110; 46 U.S.C. chapter 71; 46 U.S.C. 7502, 7505, 7701, 8906,
and 70105; Executive Order 10173; Department of Homeland Security
Delegation No. 0170.1. Section 11.107 is also issued under the
authority of 44 U.S.C. 3507.
PART 10--[REDESIGNATED AS PART 11]
86. Redesignate part 10, consisting of Sec. Sec. 10.101 through
10.1105, as part 11, Sec. Sec. 11.101 through 11.1105.
87. Add a new part 10 to subchapter B to read as follows:
PART 10--MERCHANT MARINER CREDENTIAL
Subpart A--General
Sec.
10.101 Purpose of rules in this part.
10.103 Incorporation by reference.
10.105 Paperwork approval. [Reserved].
10.107 Definitions in subchapter B.
10.109 Classification of endorsements.
Subpart B--General Requirements for All Merchant Mariner
Credentials
10.201 General characteristics of the merchant mariner credential.
10.203 Requirement to hold a TWIC and a merchant mariner credential.
10.205 Validity of a merchant mariner credential.
10.207 Identification number.
10.209 General application procedures.
10.211 Criminal record review.
10.213 National Driver Register.
10.215 Medical and physical requirements.
10.217 MMC application and examination locations.
10.219 Fees.
10.221 Citizenship.
10.223 Modification or removal of limitations.
10.225 Requirements for original merchant mariner credentials.
10.227 Requirements for renewal.
10.229 Issuance of duplicate merchant mariner credentials.
10.231 Requirements for new endorsements.
10.233 Obligations of the holder of a merchant mariner credential.
10.235 Suspension or revocation of merchant mariner credentials.
10.237 Right of appeal.
10.239 Quick reference table for MMC requirements.
Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103,
2110; 46 U.S.C. chapter 71; 46 U.S.C. chapter 72; 46 U.S.C. chapter
75; 46 U.S.C. 7701, 8906 and 70105; Executive Order 10173;
Department of Homeland Security Delegation No. 0170.1.
Subpart A--General
Sec. 10.101 Purpose of rules in this part.
The regulations in this part provide:
(a) A means of determining and verifying the qualifications an
applicant must possess to be eligible for certification to serve on
merchant vessels;
(b) A means of determining that an applicant is competent to serve
under the authority of their merchant mariner credential (MMC);
(c) A means of confirming that an applicant does not pose a threat
to national security through the requirement to hold a Transportation
Worker Identification Credential (TWIC); and
(d) A means of determining whether the holder of an MMC is a safe
and suitable person.
Sec. 10.103 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, it is available for inspection
at the Coast Guard, Office of Operating and Environmental Standards
(CG-3PSO), 2100 Second Street, SW., Washington, DC 20593-0001, and is
available from the sources indicated in this section.
(b) International Maritime Organization (IMO), 4 Albert Embankment,
London SE1 7SR, England:
(1) The STCW--International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended (the
STCW Convention or the STCW), incorporation by reference approved for
Sec. Sec. 10.107, 10.109, 10.209, 10.215, and 10.277.
(2) The Seafarers' Training, Certification and Watchkeeping Code,
as amended (the STCW Code), incorporation by reference approved for
Sec. Sec. 10.107, 10.109, 10.209, 10.215, and 10.277.
Sec. 10.105 Paperwork approval. [Reserved]
Sec. 10.107 Definitions in subchapter B.
(a) With respect to part 16 and Sec. 15.1101 of this title only,
if the definitions in paragraph (b) of this section differ from those
set forth in either Sec. 16.105 or Sec. 15.1101, the definition set
forth in either Sec. 16.105 or Sec. 15.1101, as appropriate, applies.
(b) As used in this subchapter, the following terms apply only to
merchant marine personnel credentialing and the manning of vessels
subject to the manning provisions in the navigation and shipping laws
of the United States:
[[Page 3648]]
Apprentice mate (steersman) of towing vessels means a mariner
qualified to perform watchkeeping on the bridge, while in training
onboard a towing vessel under the direct supervision and in the
presence of a master or mate (pilot) of towing vessels.
Approved means approved by the Coast Guard according to Sec.
11.302 of this chapter.
Approved training means training that is approved by the Coast
Guard or meets the requirements of Sec. 11.309 of this chapter.
Assistance towing means towing a disabled vessel for consideration.
Assistant engineer means a qualified officer in the engine
department.
Authorized official includes, but is not limited to, a Federal,
State or local law enforcement officer.
Ballast control operator or BCO means an officer restricted to
service on mobile offshore drilling units (MODUs) whose duties involve
the operation of the complex ballast system found on many MODUs. When
assigned to a MODU, a ballast control operator is equivalent to a mate
on a conventional vessel.
Barge supervisor or BS means an officer restricted to service on
MODUs whose duties involve support to the offshore installation manager
(OIM) in marine-related matters including, but not limited to,
maintaining watertight integrity, inspecting and maintaining mooring
and towing components, and maintaining emergency and other marine-
related equipment. A barge supervisor, when assigned to a MODU, is
equivalent to a mate on a conventional vessel.
Boatswain means the leading seaman and immediate supervisor of deck
crew who supervises the maintenance of deck gear.
Cargo engineer means a person holding an officer endorsement on a
dangerous-liquid tankship or a liquefied-gas tankship whose primary
responsibility is maintaining the cargo system and cargo-handling
equipment.
Chief engineer means any person responsible for the mechanical
propulsion of a vessel and who is the holder of a valid officer
endorsement as chief engineer.
Chief mate means the deck officer next in seniority to the master
and upon whom the command of the vessel will fall in the event of
incapacity of the master.
Coast Guard-accepted means that the Coast Guard has officially
acknowledged in writing that the material or process at issue meets the
applicable requirements; that the Coast Guard has issued an official
policy statement listing or describing the material or process as
meeting the applicable requirements; or that an entity acting on behalf
of the Coast Guard under a Memorandum of Agreement has determined that
the material or process meets the applicable requirements.
Coastwise seagoing vessel means a vessel that is authorized by its
Certificate of Inspection to proceed beyond the Boundary Line
established in part 7 of this chapter.
Competent person as used in part 13 only, means a person designated
as such under 29 CFR 1915.7.
Conviction means that the applicant for a merchant mariner
credential has been found guilty, by judgment or plea by a court of
record of the United States, the District of Columbia, any State,
territory, or possession of the United States, a foreign country, or
any military court, of a criminal felony or misdemeanor or of an
offense described in section 205 of the National Driver Register Act of
1982, as amended (49 U.S.C. 30304). If an applicant pleads guilty or no
contest, is granted deferred adjudication, or is required by the court
to attend classes, make contributions of time or money, receive
treatment, submit to any manner of probation or supervision, or forgo
appeal of a trial court's conviction, then the Coast Guard will
consider the applicant to have received a conviction. A later
expungement of the conviction will not negate a conviction unless the
Coast Guard is satisfied that the expungement is based upon a showing
that the court's earlier conviction was in error.
Credential means any or all of the following:
(1) Merchant mariner's document.
(2) Merchant mariner's license.
(3) STCW endorsement.
(4) Certificate of registry.
(5) Merchant mariner credential.
Criminal record review means the process or action taken by the
Coast Guard to determine whether an applicant for, or holder of, a
credential is a safe and suitable person to be issued such a credential
or to be employed on a vessel under the authority of such a credential.
Dangerous drug means a narcotic drug, a controlled substance, or a
controlled-substance analogue (as defined in section 102 of the
Comprehensive Drug Abuse and Control Act of 1970 (21 U.S.C. 802)).
Dangerous liquid or DL means a liquid listed in 46 CFR 153.40 of
this chapter that is not a liquefied gas as defined in this part.
Liquid cargoes in bulk listed in 46 CFR part 153, table 2, of this
chapter are not dangerous-liquid cargoes when carried by non-oceangoing
barges.
Day means, for the purpose of complying with the service
requirements of this subchapter, eight hours of watchstanding or day-
working not to include overtime. On vessels where a 12-hour working day
is authorized and practiced, each work day may be creditable as one and
one-half days of service. On vessels of less than 100 gross register
tons, a day is considered as eight hours unless the Coast Guard
determines that the vessel's operating schedule makes this criteria
inappropriate, in no case will this period be less than four hours.
When computing service required for MODU endorsements, a day is a
minimum of four hours, and no additional credit is received for periods
served over eight hours.
Deck crew (excluding individuals serving under their officer
endorsement) means, as used in 46 U.S.C. 8702, only the following
members of the deck department: able seamen, boatswains, and ordinary
seamen.
Designated areas means those areas within pilotage waters for which
first class pilot's endorsements are issued under part 11, subpart G,
of this chapter, by the Officer in Charge, Marine Inspection (OCMI).
The areas for which first class pilot's endorsements are issued within
a particular Marine Inspection Zone and the specific requirements to
obtain them may be obtained from the OCMI concerned.
Designated duty engineer or DDE means a qualified engineer, who may
be the sole engineer on vessels with a periodically unattended engine
room.
Designated examiner means a person who has been trained or
instructed in techniques of training or assessment and is otherwise
qualified to evaluate whether an applicant has achieved the level of
competence required to hold a merchant mariner credential (MMC)
endorsement. This person may be designated by the Coast Guard or by a
Coast Guard-approved or accepted program of training or assessment. A
faculty member employed or instructing in a navigation or engineering
course at the U.S. Merchant Marine Academy or at a State maritime
academy operated under 46 CFR part 310 is qualified to serve as a
designated examiner in his or her area(s) of specialization without
individual evaluation by the Coast Guard.
Directly supervised, only when referring to issues related to
tankermen, means being in the direct line of sight of the person-in-
charge or maintaining direct, two-way communications by a convenient,
reliable means, such as a
[[Page 3649]]
predetermined working frequency over a handheld radio.
Disabled vessel means a vessel that needs assistance, whether
docked, moored, anchored, aground, adrift, or underway, but does not
mean a barge or any other vessel not regularly operated under its own
power.
Drug test means a chemical test of an individual's urine for
evidence of dangerous drug use.
Employment assigned to is the total period a person is assigned to
work on MODUs, including time spent ashore as part of normal crew
rotation.
Endorsement is a statement of a mariner's qualifications, which may
include the categories of officer, staff officer, ratings, and/or STCW
appearing on a merchant mariner credential.
Entry-level mariner means those mariners holding no rating other
than ordinary seaman, wiper, or steward's department (F.H.)
Evaluation means processing an application, from the point of
receipt to approval or rejection of the application, including review
of all documents and records submitted with an application as well as
those obtained from public records and databases.
Fails a chemical test for dangerous drugs means that the result of
a chemical test conducted under 49 CFR part 40 was reported as
``positive'' by a Medical Review Officer because the chemical test
indicated the presence of a dangerous drug at a level equal to or
exceeding the levels established in 49 CFR part 40.
First assistant engineer means the engineer officer next in
seniority to the chief engineer and upon whom the responsibility for
the mechanical propulsion of the vessel will fall in the event of the
incapacity of the chief engineer.
Great Lakes for the purpose of calculating service requirements for
an officer endorsement, means the Great Lakes and their connecting and
tributary waters including the Calumet River as far as the Thomas J.
O'Brien Lock and Controlling Works (between mile 326 and 327), the
Chicago River as far as the east side of the Ashland Avenue Bridge
(between mile 321 and 322), and the Saint Lawrence River as far east as
the lower exit of Saint Lambert Lock. For purposes of requiring
merchant mariner credentials with rating endorsements, the connecting
and tributary waters are not part of the Great Lakes.
Harbor assist means the use of a towing vessel during maneuvers to
dock, undock, moor, or unmoor a vessel, or to escort a vessel with
limited maneuverability.
Horsepower means, for the purpose of this subchapter, the total
maximum continuous shaft horsepower of all the vessel's main propulsion
machinery.
IMO means the International Maritime Organization.
Inland waters means the navigable waters of the United States
shoreward of the Boundary Lines as described in part 7 of this chapter,
excluding the Great Lakes, and, for towing vessels, excluding the
Western Rivers. For establishing credit for sea service, the waters of
the Inside Passage between Puget Sound and Cape Spencer, Alaska, are
inland waters.
Invalid credential means a merchant mariner credential, merchant
mariner's document, merchant mariner's license, STCW endorsement, or
certificate of registry that has been suspended or revoked, or has
expired.
Liquefied gas or LG means a cargo that has a vapor pressure of 172
kPa (25 psia) or more at 37.8 C (100 F).
Liquid cargo in bulk means a liquid or liquefied gas listed in
Sec. 153.40 of this chapter and carried as a liquid cargo or liquid-
cargo residue in integral, fixed, or portable tanks, except a liquid
cargo carried in a portable tank actually loaded and discharged from a
vessel with the contents intact.
Lower level is used as a category of deck and engineer officer
endorsements established for assessment of fees. Lower-level officer
endorsements are other than those defined as upper level, for which the
requirements are listed in subparts D, E, and G of part 11.
Marine chemist means a person certificated by the National Fire
Protection Association.
Master means the officer having command of a vessel.
Mate means a qualified officer in the deck department other than
the master.
Merchant mariner credential or MMC means the credential issued by
the Coast Guard under 46 CFR part 10. It combines the individual
merchant mariner's document, license, and certificate of registry
enumerated in 46 U.S.C. subtitle II part E as well as the STCW
endorsement into a single credential that serves as the mariner's
qualification document, certificate of identification, and certificate
of service.
MMC application means the application for the MMC, as well as the
application for any endorsement on an MMC.
Mobile offshore drilling unit or MODU means a vessel capable of
engaging in drilling operations for the exploration for or exploitation
of subsea resources. MODU designs include the following:
(1) Bottom bearing units, which include:
(i) Self-elevating (or jack-up) units with moveable, bottom bearing
legs capable of raising the hull above the surface of the sea; and
(ii) Submersible units of ship-shape, barge-type, or novel hull
design, other than a self-elevating unit, intended for operating while
bottom bearing.
(2) Surface units with a ship-shape or barge-type displacement hull
of single or multiple hull construction intended for operating in a
floating condition, including semi-submersibles and drill ships.
Month means 30 days, for the purpose of complying with the service
requirements of this subchapter.
National Driver Register or NDR means the nationwide repository of
information on drivers maintained by the National Highway Traffic
Safety Administration under 49 U.S.C. chapter 303.
NDR-listed convictions means a conviction of any of the following
motor vehicle-related offenses or comparable offenses:
(1) Operating a motor vehicle while under the influence of, or
impaired by, alcohol or a controlled substance; or
(2) A traffic violation arising in connection with a fatal traffic
accident, reckless driving, or racing on the highways.
Near coastal means ocean waters not more than 200-miles offshore.
Oceans means the waters seaward of the Boundary Lines as described
in 46 CFR part 7. For the purposes of establishing sea service credit,
the waters of the Inside Passage between Puget Sound and Cape Spencer,
Alaska, are not considered oceans.
Officer endorsement means an annotation on a merchant mariner
credential that allows a mariner to serve in the capacities in Sec.
10.109(a). The officer endorsement serves as the license and/or
certificate of registry pursuant to 46 U.S.C. subtitle II part E.
Officer in Charge, Marine Inspection or OCMI means, for the
purposes of this subchapter, the individual so designated at one of the
Regional Examination Centers, or any person designated as such by the
Commandant.
Offshore installation manager or OIM means an officer restricted to
service on MODUs. An assigned offshore installation manager is
equivalent to a master on a conventional vessel and is the person
designated by the owner or operator to be in complete and ultimate
command of the unit.
On location means that a mobile offshore drilling unit is bottom
bearing or moored with anchors placed in the drilling configuration.
[[Page 3650]]
Operate, operating, or operation, as applied to the manning
requirements of vessels carrying passengers, refers to a vessel anytime
passengers are embarked whether the vessel is underway, at anchor, made
fast to shore, or aground.
Operator means an individual qualified to operate certain
uninspected vessels.
Orally assisted examination means an examination as described in
part 11, subpart I of this chapter verbally administered and documented
by an examiner.
Participation, when used with regard to the service on transfers
required for tankerman by Sec. Sec. 13.120, 13.203, or 13.303 of this
chapter, means either actual participation in the transfers or close
observation of how the transfers are conducted and supervised.
Passes a chemical test for dangerous drugs means that the result of
a chemical test conducted according to 49 CFR part 40 is reported as
``negative'' by a Medical Review Officer according to that part.
PIC means a person in charge.
Pilot of towing vessels means a qualified officer of a towing
vessel operated only on inland routes.
Pilotage waters means the navigable waters of the United States,
including all inland waters and offshore waters to a distance of three
nautical miles from the baseline from which the Territorial Sea is
measured.
Practical demonstration means the performance of an activity under
the direct observation of a designated examiner for the purpose of
establishing that the performer is sufficiently proficient in a
practical skill to meet a specified standard of competence or other
objective criterion.
Qualified instructor means a person who has been trained or
instructed in instructional techniques and is otherwise qualified to
provide required training to candidates for a merchant mariner
credential endorsement. A faculty member employed at a State maritime
academy or the U.S. Merchant Marine Academy operated under 46 CFR part
310 and instructing in a navigation or engineering course is qualified
to serve as a qualified instructor in his or her area of specialization
without individual evaluation by the Coast Guard.
Qualified rating means various categories of able seaman, qualified
member of the engine department, lifeboatman, or tankerman endorsements
formerly issued on merchant mariner's documents.
Raise of grade means an increase in the level of authority and
responsibility associated with an officer or rating endorsement.
Rating endorsement is an annotation on a merchant mariner
credential that allows a mariner to serve in those capacities set out
in Sec. 10.109(b) and (c). The rating endorsement serves as the
merchant mariner's document pursuant to 46 U.S.C. subtitle II part E.
Regional examination center or REC means a Coast Guard office that
issues merchant mariners' credentials and endorsements.
Restricted tankerman endorsement means a valid tankerman
endorsement on a merchant mariner credential restricting its holder as
the Coast Guard deems appropriate. For instance, the endorsement may
restrict the holder to one or a combination of the following: a
specific cargo or cargoes; a specific vessel or vessels; a specific
facility or facilities; a specific employer or employers; a specific
activity or activities (such as loading or unloading in a cargo
transfer); or a particular area of water.
Rivers means a river, canal, or other similar body of water
designated as such by the Coast Guard.
Safe and suitable person means a person whose prior record,
including but not limited to criminal record and/or NDR record,
provides no information indicating that his or her character and habits
of life would support the belief that permitting such a person to serve
under the MMC and/or endorsement sought would clearly be a threat to
the safety of life or property, detrimental to good discipline, or
adverse to the interests of the United States.
Self propelled has the same meaning as the terms ``propelled by
machinery'' and ``mechanically propelled.'' This term includes vessels
fitted with both sails and mechanical propulsion.
Self-propelled tank vessel means a self-propelled tank vessel,
other than a tankship.
Senior company official means the president, vice president, vice
president for personnel, personnel director, or similarly titled or
responsible individual, or a lower-level employee designated in writing
by one of these individuals for the purpose of certifying employment
and whose signature is on file at the REC at which application is made.
Service as, used when computing the required service for MODU
endorsements, means the time period, in days, a person is assigned to
work on MODUs, excluding time spent ashore as part of crew rotation. A
day is a minimum of four hours, and no additional credit is received
for periods served over eight hours.
Simulated transfer means a transfer practiced in a course meeting
the requirements of Sec. 13.121 of this chapter that uses simulation
supplying part of the service on transfers required for tankerman by
Sec. 13.203 or 13.303 of this chapter.
Staff officer means a person who holds an MMC with an officer
endorsement listed in Sec. 10.109(a)(31).
Standard of competence means the level of proficiency to be
achieved for the proper performance of duties onboard vessels according
to national and international criteria.
STCW means the International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended
(incorporated by reference in Sec. 10.103).
STCW Code means the Seafarer's Training, Certification and
Watchkeeping Code, as amended (incorporated by reference in Sec.
10.103).
STCW endorsement means an annotation on a merchant mariner
credential that allows a mariner to serve in those capacities under
Sec. 10.109(d). The STCW endorsement serves as evidence that a mariner
has met the requirements of STCW.
Tank barge means a non-self-propelled tank vessel.
Tank vessel means a vessel that is constructed or adapted to carry,
or that carries, oil or hazardous material in bulk as cargo or cargo
residue, and that:
(1) Is a vessel of the United States;
(2) Operates on the navigable waters of the United States; or
(3) Transfers oil or hazardous material in a port or place subject
to the jurisdiction of the United States.
Tankerman assistant means a person holding a valid ``Tankerman-
Assistant'' endorsement to his or her merchant mariner credential.
Tankerman engineer means a person holding a valid ``Tankerman-
Engineer'' endorsement to his or her merchant mariner credential.
Tankerman PIC means a person holding a valid ``Tankerman-PIC''
endorsement on his or her merchant mariner credential.
Tankerman PIC (Barge) means a person holding a valid ``Tankerman-
PIC (Barge)'' endorsement to his or her merchant mariner credential.
Tankship means any tank vessel constructed or adapted primarily to
carry oil or hazardous material in bulk as cargo or as cargo residue
and propelled by power or sail.
Transfer means any movement of dangerous liquid or liquefied gas as
cargo in bulk or as cargo residue to, from, or within a vessel by means
of pumping, gravitation, or displacement.
[[Page 3651]]
Section 13.127 of this chapter describes what qualifies as
participation in a creditable transfer.
Transportation Worker Identification Credential or TWIC means an
identification credential issued by the Transportation Security
Administration under 49 CFR part 1572.
Underway means that a vessel is not at anchor, made fast to the
shore, or aground. When referring to a mobile offshore drilling unit
(MODU), underway means that the MODU is not in an on-location or laid-
up status and includes that period of time when the MODU is deploying
or recovering its mooring system.
Undocumented vessel means a vessel not required to have a
certificate of documentation issued under the laws of the United
States.
Upper level is used as a category of deck and engineer officer
endorsements established for assessment of fees. Upper-level
endorsements are those for which the requirements are listed in
Sec. Sec. 11.404 to 11.407 of this subchapter and Sec. Sec. 11.510,
11.512, 11.514, and 11.516 of this subchapter.
Western rivers means the Mississippi River, its tributaries, South
Pass, and Southwest Pass, to the navigational demarcation lines
dividing the high seas from harbors, rivers, and other inland waters of
the United States, and the Port Allen-Morgan City Alternate Route, and
that part of the Atchafalaya River above its junction with the Port
Allen-Morgan City Alternate Route including the Old River and the Red
River, and those waters specified in 33 CFR 89.25.
Year means 360 days for the purpose of complying with the service
requirements of this subchapter.
Sec. 10.109 Classification of endorsements.
(a) The following officer endorsements are established in part 11
of this subchapter. The endorsements indicate that an individual
holding a valid MMC with this endorsement is qualified to serve in that
capacity and the endorsement has been issued under the requirements
contained in part 11 of this subchapter:
(1) Master.
(2) Chief mate.
(3) Second mate.
(4) Third mate.
(5) Mate.
(6) Master of towing vessel.
(7) Mate (pilot) of towing vessel.
(8) Apprentice mate (Steersman).
(9) Offshore installation manager (OIM).
(10) Barge supervisor (BS).
(11) Ballast control operator (BCO).
(12) Radio officer.
(13) Operator of uninspected passenger vessels (OUPV).
(14) Master of uninspected fishing industry vessels.
(15) Mate of uninspected fishing industry vessels.
(16) Master of offshore supply vessels.
(17) Chief mate of offshore supply vessels.
(18) Mate of offshore supply vessels.
(19) Chief engineer.
(i) Chief engineer (limited ocean).
(ii) Chief engineer (limited near coastal).
(20) First assistant engineer.
(21) Second assistant engineer.
(22) Third assistant engineer.
(23) Assistant engineer.
(24) Designated duty engineer (DDE).
(25) Chief engineer offshore supply vessel.
(26) Engineer offshore supply vessel.
(27) Chief engineer MODU.
(28) Assistant engineer MODU.
(29) Chief engineer uninspected fishing industry vessels.
(30) Assistant engineer uninspected fishing industry vessels.
(31) Staff officers who are registered in the following grades:
(i) Chief purser.
(ii) Purser.
(iii) Senior assistant purser.
(iv) Junior assistant purser.
(v) Medical doctor.
(vi) Professional nurse.
(vii) Marine physician assistant.
(viii) Hospital corpsman.
(b) The following rating endorsements are established in part 12 of
this subchapter. The endorsements indicate that an individual holding a
valid MMC with this endorsement is qualified to serve in that capacity
and the endorsement has been issued under the requirements contained in
part 12 of this subchapter:
(1) Able seaman.
(2) Ordinary seaman.
(3) Qualified member of the engine department (QMED).
(i) Refrigerating engineer.
(ii) Oiler.
(iii) Deck engineer.
(iv) Fireman/Watertender.
(v) Junior engineer.
(vi) Electrician.
(vii) Machinist.
(viii) Pumpman.
(ix) Deck engine mechanic.
(x) Engineman.
(4) Lifeboatman.
(5) Wiper.
(6) Steward's department.
(7) Steward's department (F.H.).
(8) Cadet.
(9) Student observer.
(10) Apprentice engineer.
(11) Apprentice mate.
(c) The following ratings are established in part 13 of this
subchapter. The endorsements indicate that an individual holding a
valid MMC with this endorsement is qualified to serve in that capacity
and the endorsement has been issued under the requirements contained in
part 13 of this subchapter:
(1) Tankerman PIC.
(2) Tankerman PIC (Barge).
(3) Restricted tankerman PIC.
(4) Restricted tankerman PIC (Barge).
(5) Tankerman assistant.
(6) Tankerman engineer.
(d) The following STCW endorsements are established by STCW and
issued according to the STCW Code, STCW Convention and parts 11 and 12
of this subchapter. The endorsements indicate that an individual
holding a valid MMC with this endorsement is qualified to serve in that
capacity and the endorsement has been issued under the requirements
contained in parts 11 or 12 of this subchapter as well as the STCW Code
and STCW Convention (incorporated by reference see Sec. 10.103):
(1) Master.
(2) Chief mate.
(3) Officer in charge of a navigational watch (OICNW).
(4) Chief engineer.
(5) Second engineer officer.
(6) Officer in charge of an engineering watch in a manned
engineroom or designated duty engineer in a periodically unmanned
engineroom (OICEW).
(7) Rating forming part of a navigational watch (RFPNW).
(8) Rating forming part of a watch in a manned engineroom or
designated to perform duties in a periodically unmanned engineroom
(RFPEW).
(9) Proficiency in survival craft and rescue boats other than fast
rescue boats (PSC).
(10) Proficiency in fast rescue boats.
(11) Person in charge of medical care.
(12) Medical first aid provider.
(13) GMDSS at-sea maintainer.
(14) GMDSS operator.
Subpart B--General Requirements for all Merchant Mariner
Credentials
Sec. 10.201 General characteristics of the merchant mariner
credential.
(a) A merchant mariner credential (MMC) (Coast Guard Form CG-XXXX),
is a credential combining the elements of the merchant mariner's
document (MMD), merchant mariner's license (license), and certificate
of registry (COR) enumerated in 46 U.S.C. subtitle II part E as well as
the STCW endorsement issued pursuant to the STCW Convention and STCW
Code incorporated by reference in Sec. 10.103. MMDs, licenses, STCW
endorsements
[[Page 3652]]
and CORs are no longer issued as separate documents and all
qualifications formerly entered on those separate documents appear in
the form of an endorsement(s) on an MMC.
(b) An MMC authorizes the holder to serve in any capacity endorsed
thereon, or in any lower capacity in the same department, or in any
capacity covered by a general endorsement.
(c) An MMC may be issued to qualified applicants by the National
Maritime Center or at any Regional Examination Center during usual
business hours, or through the mail.
Sec. 10.203 Requirement to hold a TWIC and a merchant mariner
credential.
(a) Any mariner required to hold a license, MMD, COR, and/or an
STCW endorsement by a regulation in 33 CFR chapter I or 46 CFR chapter
I must hold an MMC. A mariner may continue to serve under the authority
of and within any restriction on their license, MMD, COR, and/or STCW
endorsement until the first renewal or upgrade of that credential, but
not later than [Insert date five years after effective date of the
final rule].
(b) Failure to obtain or hold a valid TWIC serves as a basis for
the denial of an application for an original, renewal, new endorsement,
duplicate, or raise of grade of a mariner's credential and may serve as
a basis for suspension and revocation under 46 U.S.C. 7702 and 7703.
(c) An MMC, license, MMD, COR, or STCW endorsement must be retained
by the mariner to whom it was issued and, while valid, must be produced
to verify qualifications when requested by an authorized official.
(d) Although an MMD and an MMC serve as certificates of
identification, a TWIC must be retained by the mariner to whom it was
issued and, while valid, serves as the mariner's primary identification
document. The TWIC must be produced to verify identity when required by
an authorized official.
Sec. 10.205 Validity of a merchant mariner credential.
(a) An MMC is valid for a term of five years from the date of
issuance.
(b) All endorsements are valid until the expiration date of the MMC
on which they appear.
(c) A mariner may not serve under the authority of an MMC past its
expiration date. An expired MMC may be renewed during an administrative
grace period of up to one year beyond its expiration date as per Sec.
10.227(f) of this part.
(d) When an MMC is renewed or re-issued before its expiration date
in accordance with Sec. 10.227, the MMC that has been replaced becomes
invalid.
(e) An MMC is not valid until signed by the applicant and a duly
authorized Coast Guard official.
(f) A mariner's STCW endorsement is valid only when the related
officer or rating endorsement is valid.
(g) A mariner's endorsements authorize the holder to serve in any
capacity endorsed on the MMC, or in any lower capacity in the same
department, or in any capacity covered by a general endorsement
thereon.
(h) If a mariner chooses to renew his or her license, MMD, COR, or
STCW endorsement and receive their first MMC, the Coast Guard may also
renew all other credentials for which the mariner is qualified.
Sec. 10.207 Identification number.
For recordkeeping purposes only, a mariner's official MMC
identification number is the individual's social security number.
However, a unique serial number, and not the social security number,
will appear on the credential.
Sec. 10.209 General application procedures.
(a) The applicant for an MMC, whether original, renewal, duplicate,
raise of grade, or a new endorsement on a previously issued MMC, must
establish to the Coast Guard that he or she satisfies all the
requirements for the MMC and endorsement(s) sought before the Coast
Guard will issue the MMC. This section contains the general
requirements for all applicants. Additional requirements for
duplicates, renewals, new endorsements, and raises of grade appear
later in this part.
(b) The Coast Guard may refuse to process an incomplete MMC
application. The requirements for a complete application for an
original MMC are contained in Sec. 10.225, the requirements for a
renewal MMC application are in Sec. 10.227, the requirements for a
duplicate MMC application are contained in Sec. 10.229, and the
requirements for an application for a new endorsement or raise of grade
are contained in Sec. 10.231.
(c) Applications are valid for 12 months from the date that the
Coast Guard approves the application.
(d) The portions of the application that may be submitted by mail,
fax, or other electronic means may include:
(1) The application, consent for NDR check, and notarized oath on
Coast Guard-furnished forms, and the evaluation fee required by Sec.
10.219 of this part;
(2) The applicant's continuous discharge book, certificate of
identification, MMD, MMC, license, STCW endorsement, COR, or, if it has
not expired, a photocopy of the credential, including the back and all
attachments;
(3) Proof, documented on a form provided by the Coast Guard, that
the applicant passed the applicable vision, hearing, medical or
physical exam as required by Sec. 10.215 of this part;
(4) If the applicant desires a credential with a radar-observer
endorsement in accordance with Sec. 11.480 of this chapter, either the
radar-observer certificate or a certified copy;
(5) Evidence of, or acceptable substitute for, sea service, if
required;
(6) For an endorsement as a medical doctor or professional nurse as
required in Sec. 11.807, evidence that the applicant holds a currently
valid, appropriate license as physician, surgeon, or registered nurse,
issued under the authority of a state or territory of the United
States, the Commonwealth of Puerto Rico, or the District of Columbia.
Any MMC issued will retain any limitation associated with the medical
license;
(7) Any certificates or other supplementary materials required to
show that the mariner meets the mandatory requirements for the specific
endorsement sought, as established in parts 11, 12 or 13 of this
chapter; and
(8) An open-book exercise, in accordance with Sec. 10.227(d)(8)(i)
of this part.
(e) The following requirements must be satisfied before an original
or renewal MMC, or new endorsement or a raise of grade added to a
previously issued MMC, will be issued. These materials will be added to
the individual's record by the Coast Guard:
(1) Determination of safety and suitability. No MMC will be issued
as an original or reissued with a new expiration date, and no new
officer endorsement will be issued if the applicant fails the criminal
record review as set forth in Sec. 10.211 of this part;
(2) NDR review. No MMC will be issued as an original or reissued
with a new expiration date, and no new officer endorsement will be
issued until the applicant has passed an NDR review as set forth in
Sec. 10.213 of this part; and
(3) Information supplied by the Transportation Security
Administration (TSA). No MMC or endorsement will be issued until the
Coast Guard receives the following information from the applicant's
TWIC application: the applicant's fingerprints, FBI number and criminal
record (if applicable), photograph, proof of citizenship, and proof of
legal resident alien status (if applicable).
[[Page 3653]]
(f) Upon determining that the applicant satisfactorily meets all
requirements for an MMC or an endorsement thereon, the Coast Guard will
issue the properly endorsed MMC to the applicant. The Coast Guard will
not issue an MMC until it has received proof that the mariner holds a
valid TWIC.
(g) When a new MMC is issued, the mariner must return the
previously issued MMC, license, MMD, COR, or STCW endorsement to the
Coast Guard, unless the new MMC is being issued to replace a lost or
stolen credential. Upon written request at the time of application, the
cancelled, previously issued credential(s) will be returned to the
applicant.
(h) Unless otherwise stated in this part, an applicant who fails a
chemical test for dangerous drugs will not be issued an MMC.
Sec. 10.211 Criminal record review.
(a) The Coast Guard may conduct a criminal record review to
determine the safety and suitability of an applicant for an MMC and any
endorsements. An applicant conducting simultaneous MMC transactions
will undergo a single criminal record review. At the time of
application, each applicant must provide written disclosure of all
prior convictions.
(b) A criminal record review is not required for applicants seeking
a duplicate MMC under Sec. 10.229.
(c) Fingerprints. The Transportation Security Administration (TSA)
will provide to the Coast Guard the applicant's fingerprints submitted
by the applicant with his or her TWIC application and, if applicable,
the applicant's FBI number and criminal record generated in the TWIC
review process. This information will be used by the Coast Guard to
determine whether the applicant has a record of any criminal
convictions.
(d) When a criminal record review leads the Coast Guard to
determine that an applicant is not a safe and suitable person or cannot
be entrusted with the duties and responsibilities of the MMC or
endorsement applied for, the application may be denied.
(e) If an application is disapproved, the applicant will be
notified in writing of that fact, the reason or reasons for
disapproval, and advised that the appeal procedures in subpart 1.03 of
part 1 of this chapter apply. No examination will be given pending
decision on appeal.
(f) No person who has been convicted of a violation of the
dangerous drug laws of the United States, the District of Columbia, any
State, territory, or possession of the United States, or a foreign
country, by any military or civilian court, is eligible for an MMC,
except as provided elsewhere in this section. No person who has ever
been the user of, or addicted to the use of a dangerous drug, or has
ever been convicted of an offense described in section 205 of the
National Driver Register Act of 1982, as amended (49 U.S.C. 30304)
because of addiction to or abuse of alcohol is eligible for an MMC,
unless he or she furnishes satisfactory evidence of suitability for
service in the merchant marine as provided in paragraph (l) of this
section. A conviction for a drug offense more than 10 years before the
date of application will not alone be grounds for denial.
(g) The Coast Guard will use table 10.211(g) to evaluate applicants
who have criminal convictions. The table lists major categories of
criminal activity and is not to be construed as an all-inclusive list.
If an applicant is convicted of an offense that does not appear on the
list, the Coast Guard will establish an appropriate assessment period
using the list as a guide. The assessment period commences when an
applicant is no longer incarcerated. The applicant must establish proof
of the time incarcerated and periods of probation and parole to the
satisfaction of the Coast Guard. The assessment period may include
supervised or unsupervised probation or parole.
Table 10.211(g).--Guidelines for Evaluating Applicants for MMCs Who Have
Criminal Convictions
------------------------------------------------------------------------
Crime 1 Minimum Maximum
------------------------------------------------------------------------
ASSESSMENT PERIODS FOR OFFICER AND RATING ENDORSEMENTS
------------------------------------------------------------------------
Assessment periods
-------------------------------------------
Crimes Against Persons
Homicide (intentional)...... 7 years............. 20 years.
Homicide (unintentional).... 5 years............. 10 years.
Assault (aggravated)........ 5 years............. 10 years.
Assault (simple)............ 1 year.............. 5 years.
Sexual Assault (rape, child 5 years............. 10 years.
molestation).
Robbery..................... 5 years............. 10 years.
Other crimes against persons
2.
------------------------------------------------------------------------
Vehicular Crimes
------------------------------------------------------------------------
Conviction involving 1 year.............. 5 years.
fatality.
Reckless Driving............ 1 year.............. 2 years.
Racing on the Highways...... 1 year.............. 2 years.
Other vehicular crimes 2.
------------------------------------------------------------------------
Crimes Against Public Safety
------------------------------------------------------------------------
Destruction of Property..... 5 years............. 10 years.
Other crimes against public
safety 2.
------------------------------------------------------------------------
Dangerous Drug Offenses 3 4 5
------------------------------------------------------------------------
Trafficking (sale, 5 years............. 10 years.
distribution, transfer).
Dangerous drugs (Use or 1 year.............. 10 years.
possession).
Other dangerous drug
convictions 6.
------------------------------------------------------------------------
[[Page 3654]]
ASSESSMENT PERIODS FOR OFFICER ENDORSEMENTS ONLY
------------------------------------------------------------------------
Assessment periods
-------------------------------------------
Crime 1..................... Minimum............. Maximum
------------------------------------------------------------------------
Criminal Violations of Environmental Laws
------------------------------------------------------------------------
Criminal violations of 1 year.............. 10 years.
environmental laws
involving improper handling
of pollutants or hazardous
materials.
------------------------------------------------------------------------
Crimes Against Property
------------------------------------------------------------------------
Burglary.................... 3 years............. 10 years.
Larceny (embezzlement)...... 3 years............. 5 years.
Other crimes against
property 2.
------------------------------------------------------------------------
1 Conviction of attempts, solicitations, aiding and abetting, accessory
after the fact, and conspiracies to commit the criminal conduct listed
in this table carry the same minimum and maximum assessment periods
provided in the table.
2 Other crimes will be reviewed by the Coast Guard to determine the
minimum and maximum assessment periods depending on the nature of the
crime.
3 Applicable to original applications only. Any applicant who has ever
been the user of, or addicted to the use of, a dangerous drug shall
meet the requirements of paragraph (f) of this section. Note:
Applicants for reissue of an MMC with a new expiration date including
a renewal or additional endorsement(s), who have been convicted of a
dangerous drug offense while holding a license, MMC, MMD, STCW
endorsement or COR, may have their application withheld until
appropriate action has been completed by the Coast Guard under the
regulations which appear in 46 CFR part 5 governing the administrative
actions against merchant mariner credentials.
4 The Coast Guard may consider dangerous drug convictions more than 10
years old only if there has been another dangerous drug conviction
within the past 10 years.
5 Applicants must demonstrate rehabilitation under paragraph (l) of this
section, including applicants with dangerous drug use convictions more
than 10 years old.
6 Other dangerous drug convictions will be reviewed by the Coast Guard
on a case by case basis to determine the appropriate assessment period
depending on the nature of the offense.
(h) When an applicant has convictions for more than one offense,
the minimum assessment period will be the longest minimum in table
10.211(g) and table 10.213(c) of Sec. 10.213 based upon the
applicant's convictions; the maximum assessment period will be the
longest shown in table 10.211(g) and table 10.213(c) of Sec. 10.213
based upon the applicant's convictions.
(i) If a person with a criminal conviction applies before the
minimum assessment period shown in table 10.211(g) or established by
the Coast Guard under paragraph (g) of this section has elapsed, then
the applicant must provide, as part of the application package,
evidence of suitability for service in the merchant marine. Factors
that are evidence of suitability for service in the merchant marine are
listed in paragraph (l) of this section. The Coast Guard will consider
the applicant's evidence submitted with the application and may issue
the MMC and/or endorsement in less than the listed minimum assessment
period if the Coast Guard is satisfied that the applicant is suitable
to hold the MMC and/or endorsement for which he or she has applied. If
an application filed before the minimum assessment period has elapsed
does not include evidence of suitability for service in the merchant
marine, then the application will be considered incomplete and will not
be processed by the Coast Guard.
(j) If a person with a criminal conviction submits their MMC
application during the time between the minimum and maximum assessment
periods shown in table 10.211(g) or established by the Coast Guard
under paragraph (g) of this section, then the Coast Guard will consider
the conviction and, unless there are offsetting factors, will grant the
applicant the MMC and/or endorsement for which he or she has applied.
Offsetting factors include such factors as multiple convictions,
failure to comply with court orders (e.g., child support orders),
previous failures at rehabilitation or reform, inability to maintain
steady employment, or any connection between the crime and the safe
operation of a vessel. If the Coast Guard considers the applicant
unsuitable for service in the merchant marine at the time of
application, the Coast Guard may disapprove the application.
(k) If a person with a criminal conviction submits their MMC
application after the maximum assessment period shown in table
10.211(g) or established by the Coast Guard under paragraph (g) of this
section has elapsed, then the Coast Guard will grant the applicant the
MMC or endorsement for which he or she has applied unless the Coast
Guard considers the applicant still unsuitable for service in the
merchant marine. If the Coast Guard disapproves an applicant with a
conviction older than the maximum assessment period listed in table
10.211(g), the Coast Guard will notify the applicant in writing of the
reason(s) for the disapproval. The Coast Guard will also inform the
applicant, in writing, that the reconsideration and appeal procedures
contained in subpart 1.03 of this chapter apply.
(l) If an applicant has one or more alcohol or dangerous drug
related criminal or NDR-listed convictions, if the applicant has ever
been the user of, or addicted to the use of, a dangerous drug, or if
the applicant applies before the minimum assessment period has elapsed
for his or her conviction, the Coast Guard may consider the following
factors, as applicable, in assessing the applicant's suitability to
hold an MMC. This list is intended as a guide for the Coast Guard. The
Coast Guard may consider other factors appropriate to a particular
applicant, such as:
(1) Proof of completion of an accredited alcohol or drug abuse
rehabilitation program;
(2) Active membership in a rehabilitation or counseling group, such
as Alcoholics Anonymous or Narcotics Anonymous;
[[Page 3655]]
(3) Character references from persons who can attest to the
applicant's sobriety, reliability, and suitability for employment in
the merchant marine including parole or probation officers;
(4) Steady employment; and
(5) Successful completion of all conditions of parole or probation.
Sec. 10.213 National Driver Register.
(a) No MMC will be issued as an original or reissued with a new
expiration date, and no new officer endorsement will be issued, unless
the applicant consents to a check of the NDR for offenses described in
section 205(a)(3) (A) or (B) of the NDR Act (i.e., operation of a motor
vehicle while under the influence of, or impaired by, alcohol or a
controlled substance; and any traffic violations arising in connection
with a fatal traffic accident, reckless driving, or racing on the
highways).
(b) The Coast Guard will not consider NDR-listed civil convictions
that are more than three years old from the date of request unless that
information relates to a current suspension or revocation of the
applicant's license to operate a motor vehicle. The Coast Guard may
determine minimum and maximum assessment periods for NDR-listed
criminal convictions using table 10.213(c). An applicant conducting
simultaneous MMC transactions is subject to only one NDR check.
(c) The guidelines in table 10.213(c) will be used by the Coast
Guard in evaluating applicants who have drug or alcohol related NDR-
listed convictions. Non-drug or alcohol related NDR-listed convictions
will be evaluated by the Coast Guard under table 10.211(g) of Sec.
10.211 as applicable.
Table 10.213(C).--Guidelines for Evaluating Applicants for MMCs Who Have NDR Motor Vehicle Convictions Involving
Dangerous Drugs or Alcohol 1
----------------------------------------------------------------------------------------------------------------
Number of convictions Date of conviction Assessment period
----------------------------------------------------------------------------------------------------------------
1................................... Less than 1 year........................... 1 year from date of
conviction.
1................................... More than 1, less than 3 years............. Application will be
processed, unless
suspension, or revocation 2
is still in effect.
Applicant will be advised
that additional
conviction(s) may jeopardize
merchant mariner
credentials.
1................................... More than 3 years old...................... Not necessary unless
suspension or revocation is
still in effect.
2 or more........................... Any less than 3 years old.................. 1 year since last conviction
and at least 3 years from
2nd most recent conviction,
unless suspension or
revocation is still in
effect.
2 or more........................... All more than 3 years old.................. Application will be processed
unless suspension or
revocation is still in
effect.
----------------------------------------------------------------------------------------------------------------
1 Any applicant who has ever been the user of, or addicted to the use of, a dangerous drug shall meet the
requirements of paragraph (a) of this section.
2 Suspension or revocation, when referred to in table 10.213, means a State suspension or revocation of a motor
vehicle operator's license.
(d) Any application may be disapproved if information from the NDR
check leads the Coast Guard to determine that the applicant cannot be
entrusted with the duties and responsibilities of the MMC or
endorsement for which the application is made. If an application is
disapproved, the Coast Guard will notify the applicant in writing of
the reason(s) for disapproval and advise the applicant that the appeal
procedures in subpart 1.03 of part 1 of this chapter apply. No
examination will be given pending decision on appeal.
(e) Before disapproving an application because of information
received from the NDR, the Coast Guard will make the information
available to the applicant for review and written comment. The
applicant may submit records from the applicable State concerning
driving record and convictions to the Coast Guard REC processing the
application. The REC will hold an application with NDR-listed
convictions pending the completion of the evaluation and delivery by
the individual of the underlying State records.
(f) If an applicant has one or more alcohol or dangerous drug
related criminal or NDR-listed convictions, if the applicant has ever
been the user of, or addicted to the use of, a dangerous drug, or if
the applicant applies before the minimum assessment period for his or
her conviction has elapsed, the Coast Guard may consider the following
factors, as applicable, in assessing the applicant's suitability to
hold an MMC. This list is intended as a guide for the Coast Guard. The
Coast Guard may consider other factors, which it judges appropriate to
a particular applicant, such as:
(1) Proof of completion of an accredited alcohol or drug abuse
rehabilitation program;
(2) Active membership in a rehabilitation or counseling group, such
as Alcoholics Anonymous or Narcotics Anonymous;
(3) Character references from persons who can attest to the
applicant's sobriety, reliability, and suitability for employment in
the merchant marine including parole or probation officers;
(4) Steady employment; and
(5) Successful completion of all conditions of parole or probation.
Sec. 10.215 Medical and physical requirements.
(a) Medical and Physical Exams. To qualify for an MMC an applicant
must meet the medical and physical standards in this section. Columns 2
through 5 of table 10.215(a) provide the specific exam, test, or
demonstrations required to obtain the corresponding credential listed
in column 1. Further clarifications of the requirements contained in
the table are found throughout this section. Any required test, exam,
or demonstration must have been performed, witnessed, or reviewed by a
licensed medical doctor, licensed physician assistant, or licensed
nurse practitioner.
(1) First-class pilots, and those serving as pilots under Sec.
15.812 of this part, on vessels and tank barges of 1,600 GRT or more
must satisfactorily complete annual medical exams and, unless exempt
per 46 CFR 16.220, pass annual chemical tests for dangerous drugs and
submit the results to the Coast Guard.
(2) Medical exams for Great Lakes Pilots must be conducted by a
licensed medical doctor in accordance with the physical exam
requirements in 46 CFR 402.210.
[[Page 3656]]
Table 10.215(A)
----------------------------------------------------------------------------------------------------------------
4 General medical 5 Demonstration of
1 Credential 2 Vision test 3 Hearing test exam physical ability
----------------------------------------------------------------------------------------------------------------
(i) Deck officer, including Sec. X X X
pilot.......................... 10.215(b)(1)
(ii) Engineering officer........ Sec. 10.215(b) X X X
(2)
(iv) Radio officer.............. Sec. X X X
10.215(b)(2)
(v) Offshore installation Sec. X X X
manager, barge supervisor, or 10.215(b)(2)
ballast control operator.......
(vi) Able seaman................ Sec. X X X
10.215(b)(1)
(vii) QMED...................... Sec. X X X
10.215(b)(2)
(viii) RFPNW.................... Sec. X X X
10.215(b)(1)
(ix) RFPEW...................... Sec. X X X
10.215(b)(2)
(x) Tankerman................... Sec. X X X
10.215(b)(2)
(xi) Food handler serving on .................. .................. Sec. ..................
vessels to which STCW does not 10.215(d)(2)
apply..........................
(xii) Food handler serving on .................. .................. Sec. X
vessels to which STCW applies.. 10.215(d)(2)
(xiii) Ratings, including entry .................. .................. .................. X
level, serving on vessels to
which STCW applies, other than
those listed above.............
----------------------------------------------------------------------------------------------------------------
(b) Vision Test. (1) Deck Standard. An applicant must have
correctable vision to at least 20/40 in one eye and uncorrected vision
of at least 20/200 in the same eye. An applicant having lost vision in
one eye must wait six months before application and provide a statement
of demonstrated ability on his or her medical examination. The color
sense must be determined to be satisfactory when tested by any of the
following methods or an alternative test approved by the Coast Guard,
without the use of color-sensing lenses:
(i) Pseudoisochromatic Plates (Dvorine, 2nd Edition; AOC; revised
edition or AOC-HRR; Ishihara 16-, 24-, or 38-plate editions).
(ii) Eldridge--Green Color Perception Lantern.
(iii) Farnsworth Lantern.
(iv) Keystone Orthoscope.
(v) Keystone Telebinocular.
(vi) SAMCTT (School of Aviation Medicine Color Threshold Tester).
(vii) Titmus Optical Vision Tester. (viii) Williams Lantern.
(2) Engineering, radio operator, tankerman, and MODU standard. An
applicant must have correctable vision of at least 20/50 in one eye and
uncorrected vision of at least 20/200 in the same eye and need only
have the ability to distinguish the colors red, green, blue and yellow.
(3) Any applicant whose uncorrected vision does not meet the
standards listed above, and is granted a waiver in accordance with
paragraph (g) of this section, may not serve under the authority of the
endorsement unless corrective lenses are worn and spare lenses are
carried onboard a vessel.
(c) Hearing test. If the medical practitioner conducting the
general medical exam has concerns that an applicant's ability to hear
may impact maritime safety, the examining medical practitioner must
refer the applicant to an audiologist or other hearing specialist to
conduct an audiometer test and/or a speech discrimination test, as
appropriate.
(1) The audiometer test should include testing at the following
thresholds: 500 Hz; 1,000 Hz; 2,000 Hz; and 3,000 Hz. The frequency
responses for each ear should be averaged to determine the measure of
an applicant's hearing ability. Applicants must demonstrate an unaided
threshold of 20 decibels or less in each ear.
(2) The functional speech discrimination test should be carried out
at a level of 55 decibels. For issuance of an original MMC or
endorsement the applicant must demonstrate functional speech
discrimination of at least 90%. For renewal or raise of grade, the
applicant must demonstrate functional speech discrimination of at least
80%. An applicant who is unable to meet the standards of the audiometer
test, but who can pass the functional speech discrimination test, may
be eligible for a medical waiver in accordance with paragraph (g) of
this section.
(d) General medical exam. (1) This exam must be documented and of
such scope to ensure that there are no conditions that pose an
inordinate risk of sudden incapacitation or debilitating complication.
This exam must also document any condition requiring medication that
impairs judgment or reaction time. Examples of physical impairment or
medical conditions that could lead to disqualification include, but are
not limited to, poorly controlled diabetes, myocardial infarctions,
psychiatric disorders, and convulsive disorders.
(2) Food handlers are not required to submit to a general medical
exam, but must obtain a statement from a licensed physician, physician
assistant, or nurse practitioner attesting that they are free of
communicable diseases.
(e) Demonstration of physical ability. (1) A demonstration of
physical ability is required only if the medical practitioner
conducting the general medical exam is concerned that an applicant's
physical ability may impact maritime safety or if table 10.215(a) shows
that the mariner must pass a demonstration of physical ability, but he
or she is not required to pass a general medical exam.
(2) For an applicant to satisfactorily pass a demonstration of
physical ability, the examiner must be satisfied that the applicant:
(i) Has no disturbance in the sense of balance;
(ii) Is able, without assistance, to climb up and down vertical
ladders and inclined stairs;
(iii) Would be able, without assistance, to step over a door sill
or coaming;
(iv) Would be able to grasp, lift, and manipulate various common
shipboard tools; move hands and arms to open and close valve wheels in
vertical and horizontal directions, and rotate wrists to turn handles;
(v) Does not have any impairment or disease that could prevent
normal movement and physical activities;
(vi) Is able to stand and walk for extended periods;
(vii) Does not have any impairment or disease that could prevent
response to a visual or audible alarm; and
(viii) Is capable of normal conversation.
(f) Reports of medical and physical exams, demonstrations, and
tests. These reports must be submitted within 12 months from the date
signed by the licensed medical professional. When submitted with a
complete application
[[Page 3657]]
package these reports remain valid for 12 months from the date of the
application approval.
(g) Medical waivers. Where an applicant does not possess the
vision, hearing, or general physical condition necessary, the Coast
Guard, after consultation with the examining licensed physician,
licensed physician assistant, or licensed nurse practitioner may grant
a waiver if extenuating circumstances warrant special consideration. An
applicant may submit to the Coast Guard additional correspondence,
records, and reports in support of a waiver. In this regard,
recommendations from agencies of the Federal Government operating
government vessels, as well as owners and operators of private vessels,
made on behalf of their employees, will be given full consideration.
Waivers are not normally granted to an applicant whose corrected vision
in the better eye is not at least 20/40 for deck officers or 20/50 for
engineer officers.
(h) Individuals holding only a staff officer endorsement need not
meet the medical and physical requirements of this section.
Sec. 10.217 Merchant mariner credential application and examination
locations.
(a) Applicants may apply to the Coast Guard National Maritime
Center or any of the Regional Examination Centers. Applicants may
contact the National Maritime Center at 4200 Wilson Boulevard, Suite
630, Arlington, Virginia 22203-1804, or by telephone at 202-493-1002. A
list of Regional Examination Center locations is available through the
Coast Guard Web site at http://www.uscg.mil.
(b) Coast Guard-designated facilities. The Coast Guard may
designate additional locations to provide services to applicants for
MMCs.
(c) Exam Locations Abroad. (1) Coast Guard Merchant Marine Details
abroad may conduct exams for ratings at locations other than the RECs,
but are not prepared to conduct the physical examination where
required. Merchant Marine Details may not issue regular rating
endorsements, but temporary permits in lieu thereof. Merchant Marine
Details will instruct the recipient of each temporary permit to present
it to the OCMI, upon arrival in the first port in the United States in
order to exchange it for a permanent credential.
(2) The temporary permit must be accepted by the OCMI as proof that
the bearer has complied with the rules and regulations governing the
issuance of credentials, except as noted in the body of the temporary
permit. The requirements noted in the exceptions will be complied with
as in the case of other applicants.
(3) The written examinations are forwarded to the National Maritime
Center by Merchant Marine Details. When an applicant with a temporary
permit appears before an OCMI, that OCMI may request and obtain the
examination from the National Maritime Center. Any OCMI who doubts the
propriety of issuing a permanent credential instead of a temporary
permit which has been issued by an overseas Merchant Marine Detail must
inform the National Maritime Center fully as to the circumstances.
Sec. 10.219 Fees.
(a) Use table 10.219(a) of this section to calculate the mandatory
fees for MMCs and associated endorsements.
Table 10.219(a).--Fees
----------------------------------------------------------------------------------------------------------------
And you need . . .
---------------------------------------------------------------------------
If you apply for Evaluation then the fee Examination then the Issuance then the fee
is . . . fee is . . . is . . .
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MMC with officer endorsement:
Original:
Upper level................. $100.................... $110................... $45.
Lower level................. $100.................... $95.................... $45.
Renewal......................... $50..................... $45.................... $45.
Raise of grade.................. $100.................... $45.................... $45.
Modification or removal of $50..................... $45.................... $45.
limitation or scope.
Radio officer endorsement:
Original........................ $50..................... $45.................... $45.
Renewal......................... $50..................... n/a.................... $45.
Staff officer endorsements:
Original........................ $90..................... n/a.................... $45.
Renewal......................... $50..................... n/a.................... $45.
MMC with rating endorsement:
Original endorsement for ratings $95..................... n/a.................... $45.
other than qualified ratings.
Original endorsement for $95..................... $140................... $45.
qualified rating.
Upgrade or Raise of Grade....... $95..................... $140................... $45.
Renewal endorsement for ratings $50..................... n/a.................... $45.
other than qualified ratings.
Renewal endorsement for $50..................... $45.................... $45.
qualified rating.
STCW certification:
Original........................ No fee.................. No fee................. No fee.
Renewal......................... No fee.................. No fee................. No fee.
Reissue, replacement, and duplicate. n/a..................... n/a.................... $45.\1\
----------------------------------------------------------------------------------------------------------------
\1\ Duplicate for MMC lost as result of marine casualty--No Fee.
(b) Fee payment procedures. Applicants may pay:
(1) All fees required by this section at the time the application
is submitted; or
(2) A fee for each phase at the following times:
(i) An evaluation fee when the application is submitted.
(ii) An examination fee before the first examination section is
taken.
(iii) An issuance fee before receipt of the MMC.
(c) If the examination is administered at a place other than an
REC, the examination fee must be paid to the REC at least one week
before the scheduled examination date.
[[Page 3658]]
(d) Unless the REC provides additional payment options, fees must
be paid as follows:
(1) Fee payment(s) must be for the exact amount.
(2) Payments may be made by cash, check, money order, or credit
card.
(3) Payments submitted by mail may not be made in cash.
(4) Checks or money orders must be made payable to the U.S. Coast
Guard, and full legal name and last four digits of the applicant's
security number must appear on the front of each check or money order.
(e) Unless otherwise specified in this part, when two or more
endorsements are processed on the same application:
(1) Evaluation fees. If an applicant simultaneously applies for a
rating endorsement and a deck or engineer officer's endorsement, only
the evaluation fee for the officer's endorsement will be charged. If an
applicant simultaneously applies for a staff officer or radio officer
endorsement along with the deck or engineer officer's endorsement, only
the evaluation fee for the deck or engineer officer's endorsement will
be charged. No evaluation fee is charged for an STCW endorsement.
(2) Examination fees. One examination fee will be charged for each
exam or series of exams for an original, raise of grade, or renewal of
an endorsement on an MMC taken within one year from the date of the
application approval. An examination fee will also be charged to
process an open-book exercise used to renew an MMC. If an officer
endorsement examination under part 11 of this chapter also fulfills the
examination requirements in part 12 of this chapter for rating
endorsements, only the fee for the officer endorsement examination is
charged.
(3) Issuance fees. Only one issuance fee will be charged for each
MMC issued, regardless of the number of endorsements placed on the
credential. There is no fee for a Document of Continuity.
(f) The Coast Guard may assess additional charges to anyone to
recover collection and enforcement costs associated with delinquent
payments, failure to pay a fee, or returned checks. The Coast Guard
will not provide credentialing services to a mariner who owes money for
credentialing services previously provided.
(g) Anyone who fails to pay a fee or charge established under this
subpart is liable to the United States Government for a civil penalty
of not more than $6,500 for each violation.
(h) No-fee MMC for certain applicants.
(1) For the purpose of this section, a no-fee MMC applicant is a
person who is a volunteer, or a part-time or full-time employee of an
organization that is:
(i) Charitable in nature;
(ii) Not for profit; and
(iii) Youth oriented.
(2) Determination of eligibility.
(i) An organization may submit a written request to U.S. Coast
Guard National Maritime Center, 4200 Wilson Boulevard, Suite 630,
Arlington, VA 22203-1804, in order to be considered an eligible
organization under the criteria set forth in paragraph (h)(1) of this
section. With the written request, the organization must provide
evidence of its status as a youth-oriented, not-for-profit, charitable
organization.
(ii) The following organizations are accepted by the Coast Guard as
meeting the requirements of paragraph (h)(1) of this section and need
not submit evidence of their status: Boy Scouts of America, Sea
Explorer Association, Girl Scouts of the United States of America, and
Young Men's Christian Association of the United States of America.
(3) A letter from an organization determined eligible under
paragraph (h)(2) of this section must also accompany the person's MMC
application to the Coast Guard. The letter must state that the purpose
of the person's application is solely to further the conduct of the
organization's maritime activities. The applicant then is eligible
under this section to obtain a no-fee MMC if other requirements for the
MMC are met.
(4) An MMC issued to a person under this section is endorsed
restricting its use to vessels owned or operated by the sponsoring
organization.
(5) The holder of a no-fee MMC issued under this section may have
the restriction removed by paying the appropriate evaluation,
examination, and issuance fees that would have otherwise applied.
Sec. 10.221 Citizenship.
(a) (1) MMCs with officer Endorsements. Only individuals with valid
U.S. citizenship may apply for officer endorsements, except individuals
applying for endorsements as operators of uninspected passenger vessels
authorizing service on undocumented vessels in accordance with Sec.
11.201(d) of this part.
(2) All other MMCs. All other applicants must be either:
(A) Citizens of the United States;
(B) Aliens lawfully admitted to the United States for permanent
residence; or
(C) Foreign nationals who are enrolled in the United States
Merchant Marine Academy (USMMA).
(b) Proof of citizenship or alien status must be submitted to the
Transportation Security Administration (TSA) with the applicant's TWIC
application in accordance with 49 CFR 1572.17(a)(11).
(c) TSA and the Coast Guard may reject any evidence of citizenship
that is not believed to be authentic. Acceptable evidence of
citizenship may be an original or a copy certified as true by the
agency responsible for issuing the document of the following:
(1) If the individual is applying for an officer endorsement (with
the exception of those applying for an MMC endorsed only as Operator of
an Uninspected Passenger Vehicle (OUPV) of an undocumented vessel), the
individual must provide an original of any one of the following
documents:
(i) Certified copy of a birth certificate, issued by a State,
county, municipality or outlying possession of the U.S. bearing an
official seal;
(ii) Unexpired U.S. passport;
(iii) Certificate of Citizenship issued by U.S. Citizenship and
Immigration
Services or the Immigration and Naturalization Service;
(iv) Certificate of Naturalization issued by U.S. Citizenship and
Immigration
Services or the Immigration and Naturalization Service; or
(v) Merchant mariner's document issued by the Coast Guard after
February 3, 2003, that shows that the holder is a citizen of the United
States.
(2) If the individual is applying for a rating endorsement and they
hold one of the documents listed in paragraph (c)(1)(i) through (v)
above, these documents are also acceptable as evidence of citizenship.
If the individual does not hold any one of those documents listed in
paragraph (c)(1)(i) through (v) above, the individual must provide an
original unexpired foreign passport and an original of any one of the
following documents:
(i) Alien registration receipt card issued by U.S. Citizenship and
Immigration Services bearing the certification that the alien was
admitted to the United States as an immigrant,
(ii) A declaration of intention to become a citizen of the United
States issued by a naturalization court; or
(iii) A certificate issued by the consular representative of the
country of which the alien is a citizen or subject.
(3) If the individual is the holder of or applying for a rating
endorsement and the individual does not hold any of the documents
listed in paragraphs (c)(1) or (2) above, proof of enrollment in the
United States Merchant Marine Academy (USMMA) in the form of an
[[Page 3659]]
original letter from the USMMA, signed by the Superintendent attesting
to the individual's enrollment along with a an unexpired foreign
passport issued by the government of the country in which the alien is
a citizen or subject, with a valid U.S. visa affixed to the passport,
will be acceptable evidence of lawful status in the United States.
(4) If the individual is applying for an MMC endorsed only as OUPV
of an undocumented vessel, the individual must provide an original of
any one of the documents enumerated in paragraphs (c)(1)(i) through (v)
or (c)(2)(i) or (ii) above, or proof of acceptable alien status as
provided in 49 CFR 1572.105.
Sec. 10.223 Modification or removal of limitations or scope.
(a) If the Coast Guard is satisfied by the documentary evidence
submitted that an applicant is entitled by experience, training, and
knowledge to an endorsement or increase in the scope of any MMC held,
any limitations that were previously placed upon the MMC by the Coast
Guard may be changed or removed. Such an increase in scope may include
a change in horsepower or tonnage limitations, or geographic route
restrictions.
(b) Modifications or removal of limitations or scope to MMC
endorsement(s) under this section will not change the expiration date
of the mariner's MMC unless the applicant renews all endorsements that
would appear on the MMC under Sec. 10.227 of this part.
(c) A complete application for modification or removal of
limitation of scope must contain the following:
(1) A completed signed application;
(2) Proof that the mariner holds a valid TWIC;
(3) All supplementary materials required to show that the mariner
meets the mandatory requirements for the transaction sought:
(i) The mandatory requirements for officer endorsements are
contained in part 11 of this chapter.
(ii) The mandatory requirements for rating endorsements are
contained in part 12 of this chapter.
(iii) The mandatory requirements for tankerman rating endorsements
are contained in part 13 of this chapter.
(iv) The mandatory requirements for STCW endorsements are contained
in parts 11 and 12 of this chapter and in the STCW Convention and Code
(incorporated by reference, see Sec. 10.103).
(4) The appropriate fee as set forth in Sec. 10.219 of this part;
and
(5) Any uncanceled MMD, MMC, license, STCW endorsement, or COR held
by the applicant. If one or more of these credentials are still valid
at the time of application, a photocopy, front and back of all pages,
and all attachments, will satisfy this requirement. If the applicant
submits a photocopy, upon the issuance of the new MMC, the applicant
must surrender the old, original credential to the Coast Guard. If
requested in writing at the time of submission, the old MMD, MMC,
license, COR, or STCW endorsement may be returned to the applicant
after cancellation.
(d) No limitation on any endorsement may be changed before the
applicant has made up any deficiency in the experience prescribed for
the endorsement or endorsement desired and passed any necessary
examination.
Sec. 10.225 Requirements for original merchant mariner credentials.
(a) An applicant must apply as an original if the MMC sought is:
(1) The first credential issued to the applicant;
(2) The first credential issued to an applicant after their
previous credential has expired and they do not hold a document of
continuity under Sec. 10.227(e) of this part or an equivalent
unexpired continuity endorsement on their license or MMD; or
(3) The first credential issued to an applicant after their
previous credential was revoked pursuant to Sec. 10.235 of this part.
(b) A complete application for an original MMC must contain the
following:
(1) A completed, signed application;
(2) Proof that the mariner either holds a valid TWIC or has applied
for a TWIC within the past 30 days;
(3) All supplementary materials required to show that the mariner
meets the mandatory requirements for all endorsements sought;
(i) The mandatory requirements for officer endorsements are
contained in part 11 of this chapter.
(ii) The mandatory requirements for rating endorsements are
contained in part 12 of this chapter.
(iii) For a tankerman rating endorsement, the applicant must also
provide those documents or proofs required in part 13 of this chapter.
(iv) The mandatory requirements for STCW Endorsements are contained
in parts 11 and 12 of this chapter and in the STCW Convention and Code
(Incorporated by reference, see Sec. 10.103).
(4) The appropriate fee as set forth in Sec. 10.219 of this part;
(5) Any uncanceled MMD, MMC, license, STCW endorsement, or COR held
by the applicant. If one or more of these credentials are still valid
at the time of application, a photocopy, front and back and all
attachments, will satisfy this requirement. If the applicant submits a
photocopy, upon the issuance of the new MMC, the applicant must
surrender the old original credential to the Coast Guard. If requested
in writing at the time of submission, the old MMD, MMC, license, COR,
or STCW endorsement may be returned to the applicant after
cancellation;
(6) Evidence of having passed a chemical test for dangerous drugs
or of qualifying for an exemption from testing in Sec. 16.220 of this
subchapter;
(7) Discharges or other documentary evidence of service indicating
the name, tonnage, and propulsion power of the vessels, dates of
service, capacity in which the applicant served, and on what waters,
where sea service is required;
(8) Proof, documented on a form provided by the Coast Guard, that
the applicant passed all applicable vision, hearing, medical and/or
physical exams as required by Sec. 10.215 of this part.
(9) Consent to a Coast Guard check of the NDR for offenses
described in section 205(a)(3)(A) or (B) of the National Driver
Register Act of 1982, as amended; and
(10) The oath as required in paragraph (c) below.
(c) Oath. Every person who receives an original MMC must first take
an oath, before an official authorized to give such oath, that he or
she will faithfully and honestly, according to his or her best skill
and judgment, without concealment or reservation, perform all the
duties required by law and obey all lawful orders of superior officers.
An oath may be administered by any Coast Guard-designated individual or
any person legally permitted to administer oaths in the jurisdiction
where the person taking the oath resides. An oath administered at a
location other than those listed in Sec. 10.217 must be verified in
writing by the administering official and submitted to the same REC
where the applicant applied for his or her MMC. This oath remains
binding for any subsequently issued MMC and endorsements added to the
MMC unless specifically renounced in writing.
Sec. 10.227 Requirements for renewal.
(a) Except as provided in paragraph (e) of this section, an
applicant for renewal of a credential must establish possession of all
of the necessary qualifications before the renewal MMC will be issued.
[[Page 3660]]
(b) A credential may be renewed at any time during its validity and
for one year after expiration.
(c) No credential will be renewed if it has been suspended without
probation or revoked as a result of action under part 5 of this chapter
or if facts that would render a renewal improper have come to the
attention of the Coast Guard.
(d) Except as provided in paragraph (e) of this section, a complete
application for renewal must contain the following:
(1) A completed, signed application;
(2) Proof that the mariner holds a valid TWIC;
(3) The appropriate fee as set forth in Sec. 10.219 of this part;
(4) Any uncanceled MMD, MMC, license, STCW endorsement, or COR held
by the applicant. If one or more of these credentials are still valid
at the time of application, a photocopy, front and back and all
attachments, will satisfy this requirement. If the applicant submits a
photocopy, upon the issuance of the new MMC, the applicant must
surrender the old original credential to the Coast Guard. If requested
in writing at the time of submission, the old MMD, MMC, license, COR,
or STCW endorsement may be returned to the applicant after
cancellation;
(5) Evidence of having passed a chemical test for dangerous drugs
or of qualifying for an exemption from testing in Sec. 16.220 of this
subchapter:
(6) Proof, documented on a form provided by the Coast Guard, that
the applicant passed all applicable vision, hearing, medical and/or
physical exams as required by Sec. 10.215 of this part.
(7) Consent to a Coast Guard check of the NDR for offenses
described in section 205(a)(3)(A) or (B) of the National Driver
Register Act of 1982, as amended.
(8) Except as provided in sub-paragraph (viii) below, the applicant
must meet the following professional requirements for renewal:
(i) The applicant must either--
(A) Present evidence of at least one year of sea service during the
past five years;
(B) Pass a comprehensive, open-book exercise covering the general
subject matter contained in appropriate sections of subpart I of this
part;
(C) Complete an approved refresher training course; or
(D) Present evidence of employment in a position closely related to
the operation, construction or repair of vessels (either deck or
engineer as appropriate) for at least three years during the past five
years. An applicant for a deck license or officer endorsement with this
type of employment must also demonstrate knowledge on an applicable
Rules of the Road open book exercise.
(ii) The qualification requirements for renewal of radar observer
endorsement are in Sec. 11.480 of this chapter.
(iii) Additional qualification requirements for renewal of an
officer endorsement as first-class pilot are contained in Sec. 11.713
of this chapter.
(iv) An applicant for renewal of a radio officer's endorsement
must, in addition to meeting the requirements of this section, present
a currently valid license as first-or second-class radiotelegraph
operator issued by the Federal Communications Commission. This license
will be returned to the applicant.
(v) An applicant for renewal of an endorsement as medical doctor or
professional nurse must, in addition to meeting the requirements of
this section, present evidence that he or she holds a currently valid,
appropriate license as physician, surgeon, or registered nurse issued
under the authority of a State or territory of the United States, the
Commonwealth of Puerto Rico, or the District of Columbia. Any such
renewal will retain the limitations placed upon the medical license by
the issuing body. There are no professional requirements for renewal of
an endorsement as marine physician assistant or hospital corpsman.
(vi) An applicant for renewal of an endorsement as master or mate
(pilot) of towing vessels must submit satisfactory evidence of:
(A) Having completed a practical demonstration of maneuvering and
handling a towing vessel to the satisfaction of a designated examiner;
or
(B) Ongoing participation in training and drills during the
validity of the license or MMC being renewed.
(vii) An applicant seeking to renew a tankerman endorsement must
meet the additional requirements listed in Sec. 13.120 of this
chapter.
(viii) There are no professional requirements for renewal for the
following endorsements: (A) Radio officer;
(B) Staff officers (all types);
(C) Ordinary seaman;
(D) Wiper;
(E) Steward's department (F.H.);
(F) Cadet;
(G) Student observer;
(H) Apprentice engineer;
(I) Apprentice mate (issued under Part 12 of this Subchapter);
(J) Person in charge of medical care;
(K) Medical first aid provider;
(L) GMDSS at-sea maintainer; and
(M) GMDSS operator.
(9) Except as otherwise provided, each candidate for a renewal of
an STCW endorsement must meet the applicable requirements of Sec.
11.202 of this chapter and must meet the requirements of Section A-VI/
2, paragraphs 1 to 4 of the STCW Code.
(e) Document of continuity. (1) Applicants for renewal who are
unwilling or otherwise unable to meet the requirements of paragraph (d)
of this section, including but not limited to the medical and physical
standards of Sec. 10.215, drug tests, and TWIC may apply for a
document of continuity issued by the Coast Guard. Documents of
continuity do not expire and are issued solely to maintain an
individual's eligibility for renewal. A document of continuity does not
entitle an individual to serve as a merchant mariner. A holder of a
document of continuity may obtain a properly endorsed, valid MMC at any
time by satisfying the requirements for renewal as provided in
paragraph (d).
(2) Applications for a document of continuity must include:
(i) The credential to be renewed. Upon written request, the Coast
Guard will return the credential to the applicant after it has been
cancelled; and
(ii) An application including a signed statement from the applicant
attesting to an awareness of the limited purpose of the Document of
Continuity, their inability to serve, and the requirements to obtain an
MMC.
(f) Administrative grace period. Except as provided herein, a
credential may not be renewed more than 12 months after it has expired.
To obtain a reissuance of the credential, an applicant must comply with
the requirements of paragraph (g) of this section. When an applicant's
credential expires during a time of service with the Armed Forces and
there is no reasonable opportunity for renewal, including by mail, this
period may be extended. The period of military service following the
date of expiration which precluded renewal may be added to the 12-month
grace period. The 12-month grace period and any extensions do not
affect the expiration date of the credential. A license, MMD, COR, STCW
endorsement, MMC, and any endorsements thereon, are not valid for use
after the expiration date.
(g) Re-issuance of expired credentials. (1) Whenever an applicant
applies for re-issuance of an endorsement as deck officer, engineer
officer, or qualified rating more than 12 months after expiration,
instead of the requirements of paragraph (g) of this section, the
[[Page 3661]]
applicant must demonstrate continued professional knowledge by
completing a course approved for this purpose, or by passing the
complete examination. The examination may be oral-assisted if the
expired credential was awarded on an oral exam. The fees set forth in
Sec. 10.219 apply to these examinations. In the case of an expired
radio officer's endorsement, the endorsement may be issued upon
presentation of a valid first-or second-class radiotelegraph operator
license issued by the Federal Communications Commission.
(2) An endorsement for chief purser, purser, senior assistant
purser, junior assistant purser, hospital corpsman, marine physician
assistant, medical doctor, or professional nurse that has been expired
for more than 12 months shall be renewed in the same way as a current
endorsement of that type. There are no additional requirements for
reissuing endorsements for chief purser, purser, senior assistant
purser, junior assistant purser, hospital corpsman, marine physician
assistant, medical doctor, or professional nurse that have been expired
for more than 12 months.
Sec. 10.229 Issuance of duplicate merchant mariner credentials.
(a) Upon request and without examination, a mariner may be issued a
duplicate credential after submitting an application with an affidavit
describing the circumstances of the loss. The Coast Guard will only
issue the duplicate credential after confirming the validity of the
mariner's credential and TWIC.
(b) The duplicate will have the same authority, wording, and
expiration date as the lost credential. A duplicate credential will
reference the serial number, type, place of issue, and date of issue of
the replaced credential(s). The duplicate issued will be in the form of
an MMC. Until [Insert date 5 years after the effective date of the
final rule], if a mariner seeks a duplicate of more than one
credential, the MMC issued will reflect endorsements for all
credentials lost, and the expiration date will match the earliest
expiration date of the credentials lost.
(c) If a person loses a credential by shipwreck or other casualty,
a duplicate will be issued free of charge. The term ``other casualty''
includes any damage to a ship caused by collision, explosion, tornado,
wreck, flooding, beaching, grounding, or fire; or personal loss
associated with a federally declared natural disaster.
(d) If a person loses a credential by means other than those noted
in paragraph (c) of this section and applies for a duplicate, the
appropriate fee set out in Sec. 10.219 must be paid.
(e) No application from an alien for a duplicate credential will be
accepted unless the alien complies with the requirements of Sec.
10.221 of this part.
(f) Applications for duplicate credentials will not be subject to a
criminal record review.
Sec. 10.231 Requirements for raises of grade or new endorsements.
(a) This section applies to applicants who already hold a valid
credential and want to make the following transaction(s):
(1) Add a new endorsement; or
(2) Raise of grade of an existing endorsement.
(b) New endorsements or raises of grade of existing endorsements on
an MMC under this section will not change the expiration date of the
MMC unless the applicant renews all endorsements that appear on the MMC
under Sec. 10.227 of this part.
(c) A complete application for a new endorsement or raise of grade
must contain the following:
(1) A completed, signed application;
(2) Proof that the mariner holds a valid TWIC;
(3) All supplementary materials required to show that the mariner
meets the mandatory requirements for the new endorsement(s) sought;
(i) The mandatory requirements for officer endorsements are
contained in part 11 of this chapter and paragraph (d) of this section.
(ii) The mandatory requirements for rating endorsements are
contained in part 12 of this chapter.
(iii) The mandatory requirements for tankerman rating endorsements
are contained in part 13 of this chapter.
(iv) The mandatory requirements for STCW endorsements are contained
in parts 11 and 12 of this chapter and in the STCW Convention and Code
(incorporated by reference, see Sec. 10.103).
(4) The appropriate fee as set forth in Sec. 10.219 of this part;
(5) Any uncanceled MMD, MMC, license, STCW endorsement, or COR held
by the applicant. If one or more of these credentials are still valid
at the time of application, a photocopy, front and back and all
attachments, will satisfy this requirement. If the applicant submits a
photocopy, upon the issuance of the new MMC, the applicant must
surrender the old original credential to the Coast Guard. If requested
in writing at the time of submission, the old MMD, MMC, license, COR,
or STCW endorsement may be returned to the applicant after
cancellation;
(6) Applicants for the following endorsements must produce evidence
of having passed a chemical test for dangerous drugs or of qualifying
for an exemption from testing in Sec. 16.220 of this subchapter:
(i) any officer endorsement; and
(ii) the first endorsement as able seaman, lifeboatman, qualified
member of the engine department, or tankerman.
(7) An applicant for an endorsement where sea service is required
must produce discharges or other documentary evidence of service,
indicating the name, tonnage, and horsepower of the vessels, dates of
service, capacity in which the applicant served, and on what waters;
(8) Applicants who have not submitted evidence within the past
three years that they have passed all applicable vision, hearing,
medical and/or physical exams required in Sec. 10.215 for the
particular endorsement sought, must submit proof, on a Coast Guard
approved form, that the applicant has passed those medical/physical
tests and exams; and
(9) Consent to a Coast Guard check of the NDR for offenses
described in section 205(a)(3)(A) or (B) of the National Driver
Register Act of 1982, as amended.
(d) Additional requirements for an applicant seeking a raise of
grade of an officer endorsement:
(1) Sea service acquired before the issuance of an officer
endorsement is generally not accepted as any part of the service
required for a raise of grade of that endorsement. However, service
acquired before issuance of an officer endorsement will be accepted for
certain crossovers, endorsements, or increases in scope of an MMC, as
appropriate. In the limited tonnage categories for deck officers, total
accumulated service is a necessary criterion for most raises of grade;
service acquired before the issuance of such officer endorsements will,
therefore, be accepted.
(2) No raise of grade may be issued to any naturalized citizen on
less experience in any grade than would have been required of a citizen
of the United States by birth.
(3) Experience and service acquired on foreign vessels while
holding a valid U.S. officer endorsement is creditable for establishing
eligibility for a raise of grade, subject to evaluation by the Coast
Guard to determine that it is a fair and reasonable equivalent to
service acquired on merchant vessels of the United States, with respect
to grade, tonnage, horsepower, waters, and operating conditions. An
applicant who has obtained the qualifying experience on foreign vessels
shall submit satisfactory documentary evidence of
[[Page 3662]]
such service (including any necessary translations into English) in the
forms prescribed by paragraph (c)(7) of this section.
(4) An applicant remains eligible for a raise of grade while on
probation as a result of action under part 5 of this chapter. A raise
of grade issued to a person on probation will be subject to the same
probationary conditions imposed against the applicant's other
credentials. The offense for which he or she was placed on probation
will be considered on the merits of the case in determining fitness to
hold the endorsement applied for. No applicant will be examined for a
raise of grade during any period when a suspension without probation or
a revocation imposed under part 5 of this chapter is effective against
the applicant's credential or while an appeal from these actions is
pending.
(5) Professional examination. (i) When the Coast Guard finds an
applicant's experience and training for raise of grade to be
satisfactory and the applicant is eligible in all other respects, the
Coast Guard will authorize a professional examination.
(ii) Oral-assisted examinations may be administered in accordance
with Sec. 11.205(f) of this chapter. The Coast Guard will place in the
applicant's file a record indicating the subjects covered.
(iii) The general instructions for administration of examinations
and the lists of subjects for all officer endorsements appear in part
11, subpart I of this chapter.
Sec. 10.233 Obligations of the holder of a merchant mariner
credential.
(a) The holder of a credential may not voluntarily part with it or
place it beyond his or her personal control by pledging or depositing
it with any other person. If the holder violates this section, the
Coast Guard may pursue suspension or revocation of the license, MMD,
COR, or MMC under the provisions of part 5 of this chapter.
(b) Whenever a mariner loses a credential, he or she must
immediately report the loss to the Coast Guard. The report must be made
in writing, giving the facts incident to its loss.
(c) Invalid credentials must be returned to the Coast Guard. Upon
written request the Coast Guard will return the cancelled credential to
the mariner.
Sec. 10.235 Suspension or revocation of merchant mariner credentials.
(a) Any MMC or endorsement is subject to suspension or revocation
on the same grounds, in the same manner, and with like procedure as
provided in 46 U.S.C. chapter 77.
(b) When any individual's credential is revoked, it is no longer
valid for any purpose and any MMC subsequently requested must be
applied for as an original. When an endorsement on an individual's MMC
is revoked, it is no longer valid and any endorsement of the same type
subsequently requested must be applied for as an original. When an
officer's endorsement is revoked, the Coast Guard will issue an MMC
containing any rating endorsement for which the holder is qualified.
(c) An applicant who has had a TWIC, credential, or endorsement
revoked, and who is applying for a subsequent MMC or endorsement, must
state in his or her application the date of revocation, the serial
number of the document revoked, and the type of document or endorsement
revoked.
(d) A person whose credential or endorsement has been revoked or
suspended without probation may not be issued a replacement credential
or endorsement without approval of the Commandant. If a mariner has
multiple endorsements and one or more, but not all, of those
endorsements are suspended or revoked, the mariner may apply for a
replacement MMC reflecting those endorsements for which the mariner
remains qualified.
(e) When a credential or endorsement that is about to expire has
been suspended, the renewal of the credential or endorsement will be
withheld until expiration of the suspension period.
(f) An applicant for renewal or return of a credential with
endorsement as master or mate (pilot) of towing vessels whose most
recent credential has been suspended or revoked by an administrative
law judge for incompetence must complete the practical demonstration
required under Sec. 10.227(d)(8)(vi)(A).
(g) If the Coast Guard is advised by the Transportation Security
Administration (TSA) that a mariner has either been denied a TWIC or
their TWIC has been revoked, the Coast Guard may initiate suspension
and revocation action against the mariner's MMC, license, MMD, and COR
under 46 U.S.C. 7702 and 7703. During the subsequent suspension and
revocation proceeding, the TSA decision to deny issuance of, or to
revoke, a mariner's TWIC will not be subject to review and the
mariner's failure to hold a TWIC will be treated by the Coast Guard as
proof that the mariner constitutes a security threat.
(h) A mariner that has either been denied issuance of a TWIC or
whose TWIC has been revoked will be deemed a security risk that poses a
threat to the safety or security of a vessel or a public or commercial
structure located within or adjacent to the marine environment.
Sec. 10.237 Right of appeal.
(a) If the Coast Guard refuses to grant an applicant an MMC or
endorsement, a written statement listing the reason(s) for denial will
be provided
(b) Any person directly affected by a decision or action taken
under this subchapter, by or on behalf of the Coast Guard, may appeal
under the provisions of subpart 1.03 of part 1 of this chapter.
(c) The Coast Guard will not review decisions made by the
Transportation Security Administration to suspend, revoke or deny a
mariner's TWIC.
Sec. 10.239 Quick reference table for MMC requirements.
Table 10.239 provides a guide to the requirements for officer
endorsements. Provisions in the reference section are controlling.
[[Page 3663]]
Table 10.239.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Recommendations Demonstration of
Endorsement category Minimum age Citizenship Medical and Experience and character Firefighting Professional exam professional Recency of service First aid and CPR
physical exam check ability
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Master, mates and operators of 21, 11.201(e) U.S., 11.201(d) Yes, 10.215 Note: Yes, 11.205 (b); 11.205(c)......... 11.205(d) Note: Yes, 11.205 (f); Yes, 11.205(g); Yes, 3 months in 11.205(e) Note:
uninspected passenger vessels Note: exceptions. Note: exception exceptions. subpart D. exceptions. 11.903; 11.910 11.901(c); past 3 years, exceptions.
(original). for OUPV. Note: 11.903(b). 11.903(c). 11.201(c).
Engineers (original)............ 21, 11.201(e) U.S., 11.201(d) no Yes, 10.215 Note: Yes, 11.205(b); 11.205(c)......... 11.205(d)......... 11.205(f); 11.903; Yes, 11.205(g); Yes, 3 months in 11.205(e) Note:
Note: exceptions. exceptions. exceptions. subpart E. 11.950. 11.901(c); past 3 years, exceptions.
11.903(c). 11.201(c).
Officer raises of grade......... 21, 11.201(e) U.S., 11.201(d) no Yes, 10.215 Note: Yes, 10.231 (c); N/A............... Yes; 10.231 (e)... Yes, 10.231(d); Yes, 11.205(g); Yes, 3 months in N/A.
Note: exceptions. exceptions. exceptions. subpart D and E. 11.903; 11.910; 11.901(c); past 3 years,
11.920; 11.950. 11.903(c). 11.201(c).
Officer renewals................ N/A............... U.S., 11.201(d) no Yes, 10.215 Note: Yes, 10.227(g) N/A............... N/A............... 10.227(g)......... Towing officers, Yes, 1 year in N/A.
exceptions. exceptions. Note: exceptions. 10.227(i). past 5, 10.227(g)
Note: alternative.
Pilot........................... 21, 46 U.S.C. 7101 U.S., 11.201(d) no Yes, 10.215 Note: Yes, 11.703....... 11.205(c)......... N/A............... 11.707; 11.903; N/A............... Yes, 11.703, 11.205(e) Note:
exceptions. exceptions. 11.910. 11.75(e), 11.713. exceptions.
Towing vessels.................. 21, Master 19, U.S., 11.201(d) no Yes, 10.215 Note: Yes, 10.464; 11.205(c)......... Yes, 11.205(d) Yes, 11.205 (f); Yes, 11.464; Yes, 3 months in 11.205(e) Note:
Mate 18, App. exceptions. exceptions. 10.465; 10.466. oceans. 11.903; 11.910 11.465; past 3 years, exceptions.
Mate 11.201(e). Note: 11.903(b). 11.205(g); 11.201(c).
11.901(c).
Uninspected fishing industry 21, 11.201(e) U.S., 11.201(d) no Yes, 10.215 Note: Deck: 11.462; Eng: 11.205(c)......... 11.205(d) Note: Yes, 11.205 (f); N/A............... Yes, 3 months in 11.205(e) Note:
vessels. Note: exceptions. exceptions. exceptions. 11.530. exceptions. 11.903; 11.910 past 3 years, exceptions.
Note: 11.903(b). 11.201(c).
Radio officer................... 19, 11.201(e)(1).. U.S., 11.201(d) no Yes, 10.215 Note: 11.603............ 11.205(c)......... N/A............... N/A............... N/A............... N/A............... 11.205(e) Note:
exceptions. exceptions. exceptions.
Staff officer................... N/A............... U.S., 11.201(d) no Yes, 10.215 Note: 11.807............ 11.205(c)......... N/A............... N/A............... N/A............... N/A............... N/A.
exceptions. exceptions.
Staff officer renewals.......... N/A............... U.S., 11.201(d) no Yes, 10.215 Note: 10.227(g)(5)...... N/A............... N/A............... N/A............... N/A............... N/A............... N/A.
exceptions. exceptions.
Offshore installation manager, 21, 11.201(e) U.S., 11.201(d) no Yes, 10.215 Note: OIM: 11.470 B.S.: 11.205(c)......... 11.205(d)......... Yes, 11.205 (f); N/A............... Yes, 3 months in 11.205(e) Note:
barge supervisor, ballast Note: exceptions. exceptions. exceptions. 11.472 BCO: 11.903; 11.920. past 3 years, exceptions.
control operator. 11.474 Eng: 11.201(c).
11.540.
Able seamen..................... 18, 12.05-3 (a)(1) U.S. or alien Yes, 10.215 Note: 12.05-7........... N/A............... N/A............... Yes, 12.05-3 (a); Yes, 12.05-3 (c); Renewal only, 1 12.05-3(b).
admitted for exceptions. 12.05-9. 12.05-9. year in past 5,
permanent 10.227(g) Note:
residence, 10.221. alternative.
Qualified members of engine N/A............... U.S. or alien Yes, 10.215 Note: 12.15-7........... N/A............... N/A............... Yes, 12.15-9...... Yes, 12.15-3(d)... Renewal only, 1 12.15-3(d).
department. admitted for exceptions. year in past 5,
permanent 10.227(g) Note:
residence, 10.221. alternative.
Entry level ratings............. N/A............... U.S. or alien Yes, 10.215 Note: N/A............... N/A............... N/A............... N/A............... N/A............... N/A............... N/A.
admitted for exceptions.
permanent
residence, 10.221.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 3664]]
88. Revise the heading to newly redesignated part 11 to read as
follows:
PART 11--REQUIREMENTS FOR OFFICER ENDORSEMENTS
89. The authority citation for part 11 continues to read as
follows:
Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103,
and 2110; 46 U.S.C. chapter 71; 46 U.S.C. 7502, 7505, 7701, and
8906; Executive Order 10173; Department of Homeland Security
Delegation No. 0170.1. Section 11.107 is also issued under the
authority of 44 U.S.C. 3507.
90. In newly redesignated Sec. 11.101--
a. Revise paragraphs (a) introductory text and (a)(1) to read as
set out below;
b. In paragraph (a)(2), remove the words ``certificate or'' and,
after the words ``as amended'', remove the words ``in 1995'';
c. In paragraph (b), remove the word ``licenses'' and add, in its
place, the words ``officer endorsements''; remove the words ``all
licensed personnel shall'' and add, in their place, the words ``each
officer credentialed under this part must''; and, after the words
``characteristics of'', remove the word ``each'' and add, in its place,
the word ``a''; and
d. In paragraph (c)(1), remove the words ``license or license
endorsement'' and add, in their place, the words ``officer
endorsement'':
Sec. 11.101 Purpose of regulations.
(a) These regulations provide--
(1) A means of determining the qualifications an applicant must
possess to be eligible for an officer endorsement as a staff officer,
deck officer, engineer, pilot, or radio officer on merchant vessels, or
for an endorsement to operate uninspected passenger vessels; and
* * * * *
91. Revise newly redesignated Sec. 11.102 to read as follows:
Sec. 11.102 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish a notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, it is available for inspection
at the Coast Guard, Office of Operating and Environmental Standards
(CG-3PSO), 2100 Second Street, SW., Washington, DC 20593-0001, and is
available from the sources indicated in this section.
(b) International Maritime Organization (IMO), 4 Albert Embankment,
London SE1 7SR, England:
(1) The International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended (the
STCW Convention or the STCW), approved for incorporation by reference
in Sec. Sec. 11.202, 11.304, 11.603; 11.901, 11.903, 11.1005, and
11.1105.
(2) The Seafarers' Training, Certification and Watchkeeping Code,
as amended (the STCW Code), approved for incorporation by reference in
Sec. Sec. 11.202, 11.304, 11.603, 11.901, 11.903, 11.1005, and
11.1105.
Sec. 11.103 [Removed and Reserved]
92. Remove and reserve newly redesignated Sec. 11.103.
Sec. 11.105 [Removed and Reserved]
93. Remove and reserve newly redesignated Sec. 11.105.
94. In newly redesignated Sec. 11.107, revise paragraphs (b)(1),
(2) and (3) to read as follows:
Sec. 11.107 Paperwork approval.
* * * * *
(b) * * *
(1) OMB 1625-0040-46 CFR 11.201, 11.202, 11.205, 11.470, 11.472,
11.474, 11.542, and 11.544.
(2) OMB 1625-028-46 CFR 11.302, 11.303, 11.304, 11.480.
(3) OMB 1625-0079-46 CFR 11.304 and 11.309.
Sec. 11.109 [Removed and Reserved]
95. Remove and reserve newly redesignated Sec. 11.109.
Sec. 11.110 [Removed and Reserved]
96. Remove and reserve newly redesignated Sec. 11.110.
Sec. 11.111 [Removed and Reserved]
97. Remove and reserve newly redesignated Sec. 11.111.
Sec. 11.112 [Removed and Reserved]
98. Remove and reserve newly redesignated Sec. 11.112.
Sec. 11.113 [Removed and Reserved]
99. Remove and reserve newly redesignated Sec. 11.113.
Subpart B--[Amended]
100. In the heading to subpart B remove the words ``All License and
Certificates of Registry'' and add in their place the words ``Officer
Endorsements''
101. Revise newly redesignated Sec. 11.201 to read as follows:
Sec. 11.201 Eligibility for officer endorsements and STCW
endorsements, general.
(a) In addition to the requirements of part 10 of this chapter, the
applicant for an officer endorsement, whether original, renewal,
duplicate, or raise of grade, must establish to the satisfaction of the
Coast Guard that he or she possesses all the qualifications necessary
(including but not limited to age, experience, character references and
recommendations, physical health, citizenship, approved training,
passage of a professional examination, a test for dangerous drugs, and
when required by this part, a practical demonstration of skills) before
the Coast Guard will issue a merchant mariner credential (MMC).
(b) Except as provided in Sec. 11.467(h) this part, an applicant
for an officer endorsement must demonstrate an ability to speak and
understand English as found in the navigation rules, aids to navigation
publications, emergency equipment instructions, machinery instructions,
and radiotelephone communications instructions.
(c) An applicant for an officer endorsement must have at least
three months of qualifying service on vessels of appropriate tonnage or
horsepower within the three years immediately preceding the date of
application.
(d) No officer endorsement may be issued to any person who is not a
citizen of the United States with the exception of operator of
uninspected passenger vessels limited to vessels not documented under
the laws of the United States.
(e) Except as specified in this paragraph, no officer endorsement
may be issued to a person who has not attained the age of 21 years. The
required evidence of age may be established using any of the items
submitted to establish citizenship set out in 49 CFR 1572.17 of this
chapter:
(1) An endorsement may be granted to an applicant who has reached
the age of 19 years as:
(i) Master of near coastal, Great Lakes and inland, inland, or
river vessels of 25-200 GRT;
(ii) Third mate;
(iii) Third assistant engineer;
(iv) Mate of vessels of 200-1,600 GRT;
(v) Ballast control operator (BCO);
(vi) Assistant engineer (MODU);
(vii) Assistant engineer of fishing industry vessels;
(viii) Mate (pilot) of towing vessels;
(ix) Radio officer;
[[Page 3665]]
(x) Assistant engineer (limited oceans); or
(xi) Designated duty engineer of vessels of not more than 4,000
horsepower.
(2) An endorsement may be granted to an applicant who has reached
the age of 18 years as:
(i) Limited master of near-coastal vessels of not more than 100
GRT;
(ii) Limited master of Great Lakes and inland vessels of not more
than 100 GRT;
(iii) Mate of Great Lakes and inland vessels of 25-200 GRT;
(iv) Mate of near coastal vessels of 25-200 GRT;
(v) Operator of uninspected passenger vessels (OUPV);
(vi) Designated duty engineer of vessels of not more than 1,000
horsepower; or
(vii) Apprentice mate (steersman) of towing vessels.
(f) Persons serving or intending to serve in the merchant marine
service are encouraged to take the earliest opportunity to ascertain,
through examination, whether their visual acuity, color vision,
hearing, and general physical condition where required, are such as to
qualify them for service in that profession. Any physical impairment or
medical condition which would render an applicant incompetent to
perform the ordinary duties required of an officer at sea is cause for
denial of an officer endorsement.
(g) Applications for an original officer's endorsement, raises of
grade, extensions of route, or STCW endorsements must be current and up
to date with respect to service and the physical examination, as
appropriate. Physical examinations and applications are valid for 12
months from the date the application is approved.
(h) Applicants for an endorsement as OUPV must meet the
requirements for an officer endorsement.
(i) The Officer in Charge, Marine Inspection (OCMI), may modify the
service and examination requirements in this part to satisfy the unique
qualification requirements of an applicant. The OCMI may also lower the
age requirement for OUPV applicants. The authority granted by an
officer endorsement will be restricted to reflect any modifications
made under the authority of this paragraph. These restrictions may not
be removed without the approval of the OCMI issuing the license or
officer endorsement.
102. Revise newly redesignated Sec. 11.202 to read as follows:
Sec. 11.202 STCW endorsements.
(a) General. When an original MMC is issued, renewed, upgraded, or
otherwise modified, the OCMI will determine whether the applicant needs
to have an STCW endorsement for service on a seagoing vessel and then,
if the applicant is qualified, will issue the appropriate endorsement.
The OCMI will also issue an STCW endorsement at other times, if
circumstances so require and if the applicant is qualified to hold the
endorsement.
(b) Basic safety training or instruction. Except as provided in
paragraph (f) of this section, an STCW endorsement will be issued only
when the candidate provides evidence of having achieved or, if training
has been completed, having maintained the minimum standards of
competence for the following four areas of basic safety within the
previous five years upon assessment of a practical demonstration of
skills and abilities:
(1) Personal survival techniques as set out in table A-VI/1-1 of
the STCW Code (incorporated by reference in Sec. 11.102).
(2) Fire prevention and firefighting as set out in table A-VI/1-2
of the STCW Code (incorporated by reference, see Sec. 11.102).
(3) Elementary first aid as set out in table A-VI/1-3 of the STCW
Code (incorporated by reference, see Sec. 11.102).
(4) Personal safety and social responsibilities as set out in table
A-VI/1-4 of the STCW Code (incorporated by reference Sec. 11.102).
(c) Competence in the use of Automatic Radar-Plotting Aids (ARPA).
(1) Subject to paragraphs (c)(2) and (f) of this section, each
candidate for an STCW endorsement as master or mate for service on
vessels in ocean or near-coastal service, must present a certificate of
completion from an approved course or from accepted training on an ARPA
simulator. The course or training must be sufficient to establish that
the applicant is competent to maintain safe navigation through the
proper use of ARPA, by correctly interpreting and analyzing the
information obtained from that device and taking into account both the
limitations of the equipment and the prevailing circumstances and
conditions. The simulator used in the course or training must meet or
exceed the performance standards established under STCW Regulation I/
12.
(2) Training and assessment in the use of ARPA are not required for
mariners serving exclusively on vessels not fitted with ARPA. However,
when any mariner so serving has not completed it, his or her STCW
endorsement will indicate this limitation.
(d) Endorsement for operator of radio in the Global Maritime
Distress and Safety System (GMDSS). (1) Subject to paragraphs (d)(2)
and (f) of this section, each candidate for an STCW endorsement as
master or mate for service on vessels in ocean or near-coastal service,
shall present:
(i) A certificate for operator of radio in the GMDSS issued by the
Federal Communications Commission (FCC); and
(ii) A certificate of completion from a Coast Guard-approved or
accepted course for operator of radio in the GMDSS or from another
approved-or-accepted program of training and assessment covering the
same areas of competence. The course or program must be sufficient to
establish that the applicant is competent to perform radio duties on a
vessel participating in the GMDSS and meets the standard of competence
under STCW Regulation IV/2.
(2) Paragraph (d)(1) of this section does not apply to a candidate
intending to serve only as a pilot, or intending to serve only on
vessels not required to comply with the provisions of the GMDSS in
Chapter IV of the Convention for the Safety of Life at Sea, 1974, as
amended (SOLAS).
(3) Each candidate presenting a certificate described in paragraph
(d)(1) of this section may receive a GMDSS endorsement.
(e) Procedures for bridge team work. Except as otherwise provided
in paragraph (f) of this section, each candidate for an STCW
endorsement as master or mate for service on vessels in ocean or near-
coastal service, must present sufficient documentary proof that he or
she understands and can effectively apply procedures for bridge team
work as an essential aspect of maintaining a safe navigational watch,
taking into account the principles of bridge-resource management
enumerated in Section B-VIII/2 of the STCW Code.
(f) Notwithstanding paragraph (b) through (e) of this section,
Sec. 11.304, and Sec. 11.901, each mariner found qualified to hold
any of the following officer endorsements will also be entitled to hold
an STCW endorsement corresponding to the service or other limitations
on the MMC, because the vessels concerned are not subject to further
obligation under STCW because of their special operating conditions as
small vessels engaged in domestic voyages:
(1) Masters, mates, or engineers endorsed for service on small
passenger vessels that are subject to subchapter T or K of this chapter
and that operate beyond the boundary line.
[[Page 3666]]
(2) Masters, mates, or engineers endorsed for service on seagoing
vessels of less than 200 gross register tons (GRT), other than
passenger vessels subject to subchapter H of this chapter.
(g) No mariner serving on, and no owner or operator of any of the
following vessels, need hold an STCW endorsement, because they are
exempt from application of STCW:
(1) Uninspected passenger vessels as defined in 46 U.S.C. 2101(42).
(2) Fishing vessels as defined in 46 U.S.C. 2101(11)(a).
(3) Fishing vessels used as fish-tender vessels as defined in 46
U.S.C. 2101(11)(c).
(4) Barges as defined in 46 U.S.C. 2101(2), including non-self-
propelled mobile offshore drilling units.
(5) Vessels operating exclusively on the Great Lakes or on the
inland waters of the U.S. in the Straits of Juan de Fuca inside
passage.
Sec. 11.203 [Removed and Reserved]
103. Remove and reserve newly redesignated Sec. 11.203.
Sec. 11.204 [Removed and Reserved]
104. Remove and reserve newly redesignated Sec. 11.204.
105. Revise newly redesignated Sec. 11.205 to read as follows:
Sec. 11.205 Requirements for original officer endorsements and STCW
endorsements.
(a) General. In addition to the requirements in part 10 of this
chapter and Sec. Sec. 11.201 through 11.203, the applicant for an
original officer endorsement must also satisfy the requirements of this
section.
(b) Experience or training. (1) All applicants for original officer
or STCW endorsements shall present to the OCMI letters, discharges, or
other documents certifying the amount and character of their experience
and the names, tonnage, and horsepower of the vessels on which
acquired. The OCMI must be satisfied as to the authenticity and
acceptability of all evidence of experience or training presented.
Certificates of discharge are returned to the applicant. The OCMI shall
note on the application that service represented by these documents has
been verified. All other documentary evidence of service, or authentic
copies thereof, are filed with the application. An MMC is not
considered as satisfactory evidence of any qualifying experience.
(2) No original officer or STCW endorsement may be issued to any
naturalized citizen based on less experience in any grade or capacity
than would have been required of a citizen of the United States by
birth.
(3) Experience and service acquired on foreign vessels is
creditable for establishing eligibility for an original officer or STCW
endorsement, subject to evaluation by the OCMI to determine that it is
a fair and reasonable equivalent to service acquired on merchant
vessels of the United States, with respect to grade, tonnage,
horsepower, waters, and operating conditions. An applicant who has
obtained qualifying experience on foreign vessels shall submit
satisfactory documentary evidence of such service (including any
necessary translation into English) in the forms prescribed by
paragraph (b)(1) of this section.
(4) No applicant for an original officer or STCW endorsement who is
a naturalized citizen, and who has obtained experience on foreign
vessels, will be given an original officer endorsement in a grade
higher than that upon which he or she has actually served while acting
under the authority of a foreign credential.
(c) Character check and references.
(1) Each applicant for an original officer or STCW endorsement must
submit written recommendations concerning the applicant's suitability
for duty from a master and two other individuals holding officer
endorsements or licenses on vessels on which the applicant has served.
(i) For an officer endorsement as engineer or as pilot, at least
one of the recommendations must be from the chief engineer or pilot,
respectively, of a vessel on which the applicant has served.
(ii) For an officer endorsement as engineer where service was
obtained on vessels not carrying a credentialed engineer and for an
officer endorsement as master or mate (pilot) of towing vessels, the
recommendations may be by recent marine employers with at least one
recommendation from a master, operator, or person in charge of a vessel
upon which the applicant has served.
(iii) For an officer endorsement as offshore installation manager,
barge supervisor, or ballast control operator, at least one
recommendation must be from an offshore installation manager of a unit
on which the applicant has served.
(iv) Where an applicant qualifies for an endorsement through an
approved training school or program, one of the character references
must be an official of that school or program.
(v) For an endorsement for which no commercial experience may be
required, such as master or mate 25-200 gross tons, OUPV, radio
officer, or certificate of registry, the applicant may have the written
recommendations of three persons who have knowledge of the applicant's
suitability for duty.
(vi) A person may apply for an original officer or STCW
endorsement, or officer or STCW endorsement of a different type, while
on probation as a result of administrative action under part 5 of this
chapter. The offense for which the applicant was placed on probation
will be considered in determining his or her fitness to hold the
endorsement applied for. An officer or STCW endorsement issued to an
applicant on probation will be subject to the same probationary
conditions as were imposed against the applicant's other credential. An
applicant may not take an examination for an officer or STCW
endorsement during any period when a suspension without probation or a
revocation is effective against the applicant's currently held license,
merchant mariner's document, or MMC, or while an appeal from these
actions is pending.
(vii) If an original license, certificate of registry, or officer
endorsement has been issued when information about the applicant's
habits of life and character is brought to the attention of the OCMI,
if such information warrants the belief that the applicant cannot be
entrusted with the duties and responsibilities of the license,
certificate of registry, or endorsement issued, or if such information
indicates that the application for the license, certificate of
registry, or endorsement was false or incomplete, the OCMI may notify
the holder in writing that the license, certificate of registry, or
endorsement is considered null and void, direct the holder to return
the credential to the OCMI, and advise the holder that, upon return of
the credential, the appeal procedures of Sec. 10.237 of this chapter
apply.
(d) Firefighting certificate. Applicants for officer endorsements
in the following categories must present a certificate of completion
from a firefighting course of instruction which has been approved by
the Commandant. The course must meet both the basic and advanced
sections of the International Maritime Organization's (IMO) Resolution
A.437 (XI) Training of Crews in Firefighting. The course must have been
completed within five years before the date of application for the
officer endorsement requested.
(1) Officer endorsement as master on vessels of 200 GRT or less in
ocean service.
(2) Officer endorsements as master or mate on vessels of over 200
GRT.
(3) All officer endorsements for master or mate (pilot) of towing
vessels, except apprentice mate (steersman) of the vessels, on oceans.
[[Page 3667]]
(4) All officer endorsements for MODUs.
(5) All officer endorsements for engineers.
(e) First aid and cardiopulmonary resuscitation (CPR) course
certificates. All applicants for an original officer endorsement,
except as provided in Sec. Sec. 11.429, 11.456, and 11.467 of this
part, must present to the OCMI:
(1) A certificate indicating completion of a first aid course not
more than one year from the date of application from:
(i) The American National Red Cross Standard First Aid and
Emergency Care or Multi-media Standard First Aid course;
(ii) A Coast Guard-approved first aid training course; or
(iii) A course the OCMI determines meets or exceeds the standards
of the American Red Cross courses; and
(2) A currently valid certificate of completion of a CPR course
from either:
(i) The American National Red Cross;
(ii) The American Heart Association;
(iii) A Coast Guard approved CPR training course; or
(iv) A course the OCMI determines meets or exceeds the standards of
the American Red Cross or American Heart Association courses.
(f) Professional Examination. (1) When the OCMI finds the
applicant's experience and training to be satisfactory and the
applicant is eligible in all other respects, the OCMI will authorize
the examination in accordance with the following requirements:
(i) Any applicant for a deck or engineer officer endorsement
limited to vessels not exceeding 500 GRT, or an officer endorsement
limited to uninspected fishing-industry vessels, may request an oral-
assisted examination in lieu of any written or other textual
examination. If there are textual questions that the applicant has
difficulty reading and understanding, the OCMI will offer the oral-
assisted examination. Each officer endorsement based on an oral-
assisted examination is limited to the specific route and type of
vessel upon which the applicant obtained the majority of service.
(ii) The general instructions for administration of examinations
and the lists of subjects for all officer endorsements appear in
subpart I of this part. The OCMI will place in the applicant's file a
record indicating the subjects covered.
(2) When the application of any person has been approved, the
applicant should take the required examination as soon as practicable.
If the applicant cannot be examined without delay at the office where
the application is made, the applicant may request that the examination
be given at another office.
(3) The qualification requirements for radar observer are contained
in Sec. 11.480.
(4) An examination is not required for a staff officer or radio
officer endorsement.
(g) Practical demonstration of skills. Each candidate for an
original STCW endorsement must successfully complete any practical
demonstrations required under this part and appropriate to the
particular endorsement concerned, to prove that he or she is
sufficiently proficient in skills required under subpart I of this
part. The OCMI must be satisfied with the authenticity and
acceptability of all evidence that each candidate has successfully
completed the demonstrations required under this part in the presence
of a designated examiner. The OCMI will place a written or electronic
record of the skills required, the results of the practical
demonstrations, and the identification of the designated examiner in
whose presence the requirements were fulfilled in the file of each
candidate.
Sec. 11.207 [Removed and Reserved]
106. Remove and reserve newly redesignated Sec. 11.207.
Sec. 11.209 [Removed and Reserved]
107. Remove and reserve newly redesignated Sec. 11.209.
Sec. 11.210 [Removed and Reserved]
108. Remove and reserve newly redesignated Sec. 11.210.
Sec. 11.211 [Amended]
109. In newly redesignated Sec. 11.211--
a. In the section heading, remove the words ``licensing purposes''
and add, in their place, the words ``officer endorsements'';
b. In paragraph (a), remove the words ``licensing purposes'' and
add, in their place, the words, ``the purposes of this part''; and
remove the words ``officials or licensed masters'' and add, in their
place, the words ``officials, or individuals holding an officer
endorsement or license as master'';
c. In paragraph (b) introductory text, remove the word ``license''
and add, in its place, the words ``officer endorsement'';
d. In paragraph (c), after the words ``raise of grade of'' remove
the word ``license'' and add, in its place, the words ``officer
endorsement''; and after the words ``equivalent while holding''; remove
the word ``a'' and add, in its place, the words ``an officer
endorsement or''; and, after the words ``unlimited, nonrestricted''
remove the word ``licenses'' and add, in its place, the words ``officer
licenses or endorsements''; and
e. In paragraph (d), after the words ``raise of grade of any
deck'', remove the word ``licenses'' and add, in its place, the words
``officer endorsement''; and, after the words ``required for an
unlimited'', remove the word ``license'' and add, in its place, the
words ``officer endorsement''.
Sec. 11.213 [Amended]
110. In newly redesignated Sec. 11.213--
a. In paragraph (a), after the words ``in scope of all'', remove
the word ``licenses'' and add, in its place, the words ``officer
endorsements''; and after the words ``and limit of'', remove the word
``license'' and add, in its place, the words ``officer endorsement'';
and after the words ``or chief engineer's unlimited'', remove the word
``license'' and add, in its place, the words ``officer endorsement'';
b. In paragraph (b), remove the words ``licensing purposes''
wherever they appear and add, in their place, the words ``the purposes
of this part'';
c. In paragraph (d), remove the word ``licenses'' wherever it
appears and add, in its place, the words ``officer endorsements'';
after the words ``submitted for the'' remove the word ``license'' and
add, in its place, the word ``endorsement''; and after the words
``submitted for an original'', remove the word ``license'' and add, in
its place, the words ``officer endorsement''; and
d. In paragraph (e), after the words ``in which a license'', add
the words ``or officer endorsement''.
Sec. 11.215 [Removed and Reserved]
111. Remove and reserve Sec. 11.215.
Sec. 11.217 [Amended]
112. In newly redesignated Sec. 11.217--
a. In the section heading, remove the word ``licenses'' and add, in
its place, the words ``officer endorsements'';
b. In paragraph (a)(1), after the words ``deck and engineer
unlimited'', remove the word ``licenses'' and add, in its place, the
words ``officer endorsements'', and remove the words ``table 10.109 in
Sec. 10.109'' and add, in their place, the words ``table 10.219(a) in
Sec. 10.219 of this chapter'';
c. In paragraph (a)(2), after words ``deck and engineer'', remove
the words ``license'' and add, in its place, the words ``officer
endorsement''; and remove the words ``table 10.109 in Sec. 10.109''
and add, in their place, the words ``table 10.219(a) in Sec. 10.219'';
and
d. In paragraph (b), remove the word ``license'' and add, in its
place, the word
[[Page 3668]]
``endorsement''; and remove the words ``the applicant is furnished''
and add, in their place, the words ``the Coast Guard will provide the
applicant''.
Sec. 11.219 [Removed and Reserved]
113. Remove and reserve newly redesignated Sec. 11.219.
Sec. 11.221 [Removed and Reserved]
114. Remove and reserve newly redesignated Sec. 11.221.
Sec. 11.223 [Removed and Reserved]
115. Remove and reserve newly redesignated Sec. 11.223.
Sec. 11.302 [Amended]
116. In newly redesignated Sec. 11.302(e), remove the words
``parts 10, 12, 13 or 15,'' and add, in their place, the words ``parts
10, 11, 12, 13, or 15''.
117. Revise newly designated Sec. 11.304 paragraphs (a), (c), (d),
(e), (f), (g)(6), (g)(7), (h) introductory text, (h)(5) and (h)(8) to
read as follows:
Sec. 11.304 Substitution of training for required service, use of
training-record books, and use of towing officer assessment records.
(a) Satisfactory completion of certain training courses approved by
the Commandant may be substituted for a portion of the required service
for many deck and engineer officer endorsements and for qualified
rating endorsements. The list of all currently approved courses of
instruction including the equivalent service and applicable
endorsements is maintained by the National Maritime Center.
Satisfactory completion of an approved training course may be
substituted for not more than two-thirds of the required service on
deck or in the engine department for deck or engineer officer
endorsements, respectively, and qualified rating endorsements.
* * * * *
(c) Training obtained before receiving an officer endorsement may
not be used for subsequent raises of grade.
(d) Simulator training in combination with a Coast Guard-approved
training course may be submitted to the Commanding Officer, National
Maritime Center for evaluation and determination of equivalency to
required sea service. Simulator training cannot be substituted for
recency requirements, but may substitute for a maximum of 25 percent of
the required service for any officer endorsement transaction.
(e) Except as provided in Sec. 11.202, when a candidate both
applies for an STCW endorsement as OICNW, on the basis of training or
sea service, and uses completion of approved training to substitute for
required service, then not less than one year of the remaining service
must be part of approved training that meets the appropriate
requirements of Chapter II of STCW and the requirements of subpart C of
this part. The training of a candidate must be documented in a Coast
Guard-accepted training-record book.
(f) Except as provided in Sec. 11.202, each candidate who applies
for an STCW endorsement as an OICEW on the basis of training or sea
service for service on seagoing vessels, shall complete onboard
training as part of approved training that meets the appropriate
requirements of Chapter III of STCW (incorporated by reference in Sec.
11.102) and the requirements of subpart C of this part. The training
must be documented in a Coast Guard-accepted training-record book.
(g) * * *
* * * * *
(6) The identity of each qualified instructor, including any MMC
endorsements, license, or document held, and the instructor's
signature.
(7) The identity of each designated examiner, when any assessment
of competence is recorded, including any MMC endorsement, license, or
document held, and the examiner's signature confirming that his or her
initials certify that he or she has witnessed the practical
demonstration of a particular task or skill by the candidate.
(h) Each applicant for an endorsement as master or mate (pilot) of
towing vessels, and each master or mate of self-propelled vessels of
greater than 200 GRT seeking an endorsement for towing vessels, shall
complete a towing officers' assessment record that contains at least
the following:
(1) * * *
* * * * *
(5) A place for a qualified instructor or credentialed officer
(with authority to operate a towing vessel) to indicate by his or her
initials that the candidate has received training in the proper
performance of the tasks or skills.
* * * * *
(7) Identification of each qualified instructor or credentialed
officer (with authority to operate a towing vessel) by full name, home
address, employer, job title, ship name or business address, serial
number of the TWIC, MMC, license, or document held, and personal
signature.
(8) Identification of each designated examiner by full name, home
address, employer, job title, ship name or business address, serial
number of the TWIC, MMC, license, or document held, and personal
signature confirming that his or her initials certify that he or she
has witnessed the practical demonstration of a particular task or skill
by the candidate.
* * * * *
Sec. 11.309 [Amended]
118. In newly redesignated Sec. 11.309--
a. In paragraph (a) introductory text, remove the words ``Sec.
10.302'' and add, in their place, the words ``Sec. 11.302''; after the
words ``hold an STCW''; remove the words ``certificate or''; and remove
the words ``for service on or after February 1, 2002'';
b. In paragraph (a)(3)(iii), after the words ``level of license,''
add the word ``officer'';
c. In paragraph (a)(4), after the words ``maritime license'', add
the words ``, MMC,'';
d. In paragraph (b), remove the word ``licenses'' and add, in its
place, the word ``officer'';
e. In paragraph (c)(2), remove the words ``(G-MOC)'' and add, in
their place, the words ``(CG-3PCV)''; and
f. In paragraph (c)(3), remove the words ``STCW endorsement'' and
add, in their place, the words ``officer or STCW endorsements''.
Subpart D--[Amended]
119. In the heading for subpart D, remove the words ``Officers''
Licenses'' and add in their place the word ``Officers''.
120. Revise newly redesignated Sec. 11.401 to read as follows:
Sec. 11.401 Ocean and near-coastal officer or STCW endorsements.
(a) Any license or MMC endorsement for service as master or mate on
ocean waters qualifies the mariner to serve in the same grade on any
waters, subject to the limitations of the endorsement.
(b) A license or MMC endorsement issued for service as master or
mate on near-coastal waters qualifies the mariner to serve in the same
grade on near-coastal, Great Lakes, and inland waters, subject to the
limitations of the endorsement.
(c) Near-coastal endorsements for any gross tons require the same
number of years of service as the ocean-unlimited endorsements. The
primary differences in these endorsements are the nature of the service
and the professional examination as explained in subpart I of this
part.
(d) A mariner having a master or mate near-coastal license or MMC
endorsement obtained with ocean service may have an MMC endorsed for
ocean service by completing the appropriate examination deficiencies,
provided that the additional service
[[Page 3669]]
requirements of paragraph (e) of this section do not apply.
(e) Master or third mate near-coastal unlimited endorsements may be
obtained by completing the prescribed examination in subpart I of this
part and satisfying the requirements of paragraph (g) while holding a
license or MMC endorsement as unlimited master or mate, respectively,
upon Great Lakes and inland waters. To have a near-coastal-unlimited
endorsement obtained in this manner endorsed for ocean service, the
mariner must obtain 12 months of service as a deck-watch officer or
higher on ocean waters on vessels of 1,600 GRT of over, in addition to
completing the examination topics.
(f) Masters and mates endorsements for service on vessels of over
200 gross tons may be endorsed for sail or auxiliary sail as
appropriate. The applicant must present the equivalent total qualifying
service required for conventional officer endorsements including at
least one year of deck experience on that specific type of vessel. For
example, for an officer endorsement as a master of vessels of not more
than 1,600 gross tons endorsed for auxiliary sail, the applicant must
meet the total experience requirements for the conventional officer
endorsement, including time as mate and the proper tonnage experience,
including at least one year of deck service on appropriately sized
auxiliary-sail vessels. For an endorsement to serve on vessels of 200
gross tons or less see individual endorsement requirements.
(g) In order to obtain a master or mate endorsement with a tonnage
limit above 200 gross tons, or an endorsement for 200 gross tons or
less with an ocean route, whether an original, raise in grade, or
increase in the scope of the endorsement authority to a higher tonnage
category, the applicant must successfully complete the following
training and examination requirements:
(1) Approved firefighting course;
(2) Approved radar-observer course; and,
(3) Qualification as an able seaman unlimited or able seaman
limited (able seaman special or able seaman offshore supply vessels
satisfy the able seaman requirement for endorsements permitting service
on vessels of 1,600 gross tons and less).
(h) Each applicant for a deck officer endorsement, which authorizes
service on vessels above 1,600 gross tons on ocean or near-coastal
waters, whether original or raise of grade, must pass a practical-
signaling examination (flashing light). An applicant who fails in
practical signaling, but passes every other part of the examination,
may be issued an endorsement with a 1,600 gross ton limitation. The
tonnage limitation can be removed upon successful completion of the
signaling examination.
Sec. 11.402 [Amended]
121. In newly redesignated Sec. 11.402--
a. In the section heading, remove the word ``licenses'' and add, in
its place, the word ``endorsements'';
b. In paragraph (a), remove the word ``license'' and add, in its
place, the word ``endorsement'';
c. In paragraph (b), remove the words ``original or raise of grade
of a license'' and add, in their place, the word ``endorsement'' and
remove the words ``Sec. 10.407(c)'' and add, in their place, the words
``Sec. 11.407(c)''; after the words ``is placed on the'' remove the
word ``license'' and add, in its place the word ``endorsement''; before
the words ``is limited to'', remove the word ``license'' and add, in
its place, the word ``endorsement''; and after the words ``an unlimited
tonnage'', remove the word ``license'' and add, in its place, the word
``endorsement'';
d. In paragraph (c)(1), remove the word ``licensed'' and add in its
place, the word ``endorsed'';
e. In paragraph (c)(2), remove the words ``licensed capacity'' and
add, in their place, the words ``capacity as an officer''; after the
words ``for which'', remove the word ``licensed'' and add, in its
place, the word ``endorsed''; after the words ``next higher grade'',
remove the word ``license'' and add, in its place, the word
``endorsement''; and after the words ``limited license'', add the words
``or MMC endorsement'';
f. In paragraph (c)(3), after the words ``a license'', add the
words ``or endorsement''; and after the words ``third mate's license'',
add the words ``or MMC endorsement''; and
g. In paragraph (d), after the word ``licenses'', wherever it
appears, add the words ``or endorsements''.
122. Revise Sec. 11.403 to read as follows:
Sec. 11.403 Structure of deck officer endorsements.
The following diagram illustrates the deck officer endorsement
structure, including cross over points. The section numbers on the
diagram refer to the specific requirements applicable.
[[Page 3670]]
[GRAPHIC] [TIFF OMITTED] TP25JA07.003
Sec. 11.404 [Amended]
123. In newly redesignated Sec. 11.404--
a. In the introductory text, remove the word ``license'' and add,
in its place, the words ``an endorsement''; and
b. In paragraph (b) introductory text, after the words ``holding a
license'', add the words ``or MMC endorsement''.
Sec. 11.405 [Amended]
124. In newly redesignated Sec. 11.405, after the words ``qualify
an applicant for'' remove the word ``license'' and add, in its place,
the words ``an endorsement''; and after the words ``holding a
license'', add the words ``or MMC endorsement''.
Sec. 11.406 [Amended]
125. In newly redesignated Sec. 11.406--
a. In the introductory text, remove the word ``license'' and add,
in its place, the words ``an endorsement'';
b. In paragraph (a), after the words ``holding a license'', add the
words ``or endorsement'';
c. In paragraph (b) introductory text, after the words ``holding a
license'', add the words ``or MMC endorsement'';
d. In paragraph (b)(2), after the words ``holding a certificate'',
add the words ``or MMC endorsement''; and
e. In paragraph (c), remove the words ``A licensed'' and add, in
their place, the words ``An individual holding an endorsement or
license as''; and after the words ``may obtain'', remove the words ``a
license'' and add, in their place, the words ``an endorsement''.
Sec. 11.407 [Amended]
126. In newly redesignated Sec. 11.407--
a. In paragraph (a) introductory text, remove the word ``license''
and add, in its place, the words ``an endorsement'';
b. In paragraph (a)(1), after the words ``a certificate'', add the
words ``or endorsement''; and remove the word ``license'' and add, in
its place, the words ``officer endorsement'';
c. In paragraph (b), remove the words ``a license'' and add, in
their place, the words ``an endorsement''; and
d. In paragraph (c), after the words ``holding a license'', add the
words ``or MMC endorsement''; and after the words ``qualify the
applicant for'', remove the words ``a license'' and add, in their
place, the words ``an endorsement''.
Sec. 11.410 [Amended]
127. In newly redesignated Sec. 11.410--
a. In the section heading, remove the word ``licenses'' and add, in
its place, the words ``officer endorsements'';
b. In paragraph (a) introductory text, remove the word ``Licenses''
and add, in its place, the word ``Endorsements'';
c. In paragraph (b), remove the word ``license'' and add, in its
place, the word ``endorsement''; and
d. In paragraph (c), remove the words ``A license'' and add, in
their place, the words ``An officer's endorsement''.
Sec. 11.412 [Amended]
128. In newly redesignated Sec. 11.412--
a. In the introductory text, remove the words ``a license'' and
add, in their place, the words ``an endorsement'';
b. In paragraph (a), after the words ``holding a license'', add the
words ``or MMC endorsement''; and remove the words `` master, mate
master or mate (pilot)'' wherever they appear and add, in their place,
the words ``master, mate, master or mate (pilot)''; and
c. In paragraph (b), after the words ``holding a license'', add the
words ``or MMC endorsement''; and after the words ``eligible for
this'', remove the word ``license'' and add, in its place, the word
``endorsement''.
Sec. 11.414 [Amended]
129. In newly redesignated Sec. 11.414--
a. In the introductory text, remove the words ``a license'' and
add, in their place, the words ``an endorsement''; and
b. In paragraph (a), after the words ``holding a license'' add the
words ``or MMC endorsement''; and remove the words `` master, mate
master or mate (pilot)'' wherever they appear and add, in their place,
the words ``master, mate, master or mate (pilot)''.
[[Page 3671]]
Sec. 11.416 [Amended]
130. In newly redesignated Sec. 11.416 text, remove the words ``a
license'' and add, in their place, the words ``an endorsement''; and
after the words ``holding a certificate'', add the words ``or
endorsement''.
Sec. 11.418 [Amended]
131. In newly redesignated Sec. 11.418--
a. In the introductory text, remove the words ``a license'' and
add, in their place, the words ``an endorsement'';
b. In paragraph (a), after the words ``holding a license'', add the
words ``or MMC endorsement'';
c. In paragraph (b), after the words ``The holder of a license'',
add the words ``or MMC endorsement''; and after the words ``is eligible
for'', remove the words ``a license'' and add, in their place, the
words ``an endorsement''.
Sec. 11.420 [Amended]
132. In newly redesignated Sec. 11.420 text, after the words
``qualify an applicant for'' remove the words ``a license'' and add, in
their place, the words ``an endorsement''; and after the words
``position while holding a license'', add the words ``or endorsement''.
Sec. 11.421 [Amended]
133. In newly redesignated Sec. 11.421 text, remove the words ``a
license'' and add, in their place, the words ``an endorsement''; and,
after the words ``holding a certificate'', add the words ``or
endorsement''.
Sec. 11.422 [Amended]
134. In newly redesignated Sec. 11.422--
a. In the section heading, remove the word ``licenses'' and add, in
its place, the word ``endorsements'';
b. In paragraph (a), remove the word ``licenses'' and add, in its
place, the word ``endorsements''; and remove the word ``license'' and
add, in its place, the word ``endorsement'';
c. In paragraph (b) introductory text, remove the word ``licenses''
and add, in its place, the word ``endorsements'';
d. In paragraphs (b)(1) and (b)(2), remove the word ``license''
wherever it appears and add, in its place, the word ``endorsement'';
e. In paragraph (b)(3), remove the word ``license'' and add, in its
place, the words ``officer endorsement'';
f. In paragraph (b)(4), after the words ``increment on the'',
remove the word ``license'' and add, in its place, the words
``officer's license or MMC endorsement'';
g. In paragraph (c), after the words ``vessels upon which'', remove
the words ``licensed personnel are not required'' and add, in their
place, the words ``no personnel need an officer endorsement or
license''; and after the words ``required to engage'', remove the words
``licensed individuals'' and add, in their place, the words
``individuals with officer endorsements''; and
h. In paragraph (e), remove the word ``license'' and add, in its
place, the words ``officer endorsement''.
Sec. 11.424 [Amended]
135. In newly redesignated Sec. 11.424--
a. In paragraph (a) introductory text, remove the words ``a
license'' and add, in their place, the words ``an officer
endorsement'';
b. In paragraph (a)(1), after the words ``holding a license'', add
the words ``or MMC endorsement'';
c. In paragraph (a)(2), remove the word ``licensed'';
d. In paragraph (b), remove the words ``endorsement on this
license'' and add, in their place, the words ``officer endorsement'';
and after the words ``master's license'', add the words ``or MMC
endorsement''; and
e. In paragraph (c), remove the words ``Sec. 10.401(g) of this
subpart'' and add, in their place, the words ``Sec. 11.401(g)''.
Sec. 11.426 [Amended]
136. In newly redesignated Sec. 11.426--
a. In paragraph (a) introductory text, remove the words ``a
license'' and add, in its place, the words ``an endorsement'';
b. In paragraph (a)(1), after the words ``holding a license'' add
the words ``or endorsement'';
c. In paragraph (a)(2), remove the word ``licensed''; and
d. In paragraph (b), remove the words ``an endorsement on this
license'' and add, in its place, the words ``this officer
endorsement''; and after the words ``of the master's license'', add the
words ``or MMC endorsement''.
Sec. 11.427 [Amended]
137. In newly redesignated Sec. 11.427--
a. In paragraph (a) introductory text, remove the word ``license''
and add, in its place, the word ``endorsement'';
b. In paragraph (a)(2), after the words ``holding a license'', add
the words ``or MMC endorsement'';
c. In paragraph (b), after the words ``holder of a license'', add
the words ``or MMC endorsement''; and after the words ``may obtain
this'', remove the word ``license'' and add, in its place, the word
``endorsement'';
d. In paragraph (c), remove the words ``an endorsement on this
license'' and add, in its place, the words ``this officer
endorsement'';
e. In paragraph (d), after the words ``A license'', add the words
``or MMC endorsement''; and
f. In paragraph (e), after the words ``a tonnage endorsement'',
remove the word ``of'' and add, in its place, the word ``for''.
Sec. 11.428 [Amended]
138. In newly redesignated Sec. 11.428--
a. In paragraph (a), remove the words ``a license'' and add, in
their place, the words ``an endorsement''; and
b. In paragraph (b), remove the words ``endorsement on this
license'' and add, in their place, the word ``endorsement''; and after
the words ``issuance of the license'', add the words ``or MMC
endorsement''.
Sec. 11.429 [Amended]
139. In newly redesignated Sec. 11.429--
a. In paragraph (a) introductory text after the words ``Limited
masters' '', remove the word ``licenses'' and add, in its place, the
word ``endorsements''; after the words ``educational institutions.'',
remove the words ``A license'' and add, in their place, the words ``An
endorsement''; and, after the words ``obtain this restricted'', remove
the word ``license'' and add, in its place, the word ``endorsement'';
b. In paragraph (a)(1), after the words ``for which the'' remove
the word ``license'' and add, in its place, the word ``endorsement'';
c. In paragraph (b), remove the words ``Sec. 10.205(h) of this
part'' and add in their place, the words ``Sec. 11.205(e)''; and
d. In paragraph (c), after the words ``obtain an endorsement'',
remove the words ``on this license'' and after the words ``issuance of
the license'' add the words ``or MMC endorsement''.
Sec. 11.430 [Amended]
140. In newly redesignated Sec. 11.430--
a. In the section heading, remove the word ``Licenses'' and add, in
its place, the word ``Endorsements''; and
b. In the text, after the words ``Any license'', wherever they
appear, add the words ``or MMC endorsement''; after the word
``licenses'', wherever it appears, add the words ``and MMC
endorsements''; and, after the words ``COLREGS or the'', remove the
words ``license must be endorsed with an exclusion from'' and add, in
their place, the words ``endorsement must exclude''.
Sec. 11.431 [Amended]
141. In newly redesignated Sec. 11.431--
a. In the section heading, remove the word ``licenses'', and add,
in its place, the word ``endorsements'';
[[Page 3672]]
b. In paragraph (a), remove the word ``licenses'', and add, in its
place, the word ``endorsements''; and
c. In paragraph (b), remove the word ``licenses'', and add, in its
place, the word ``endorsements''; and remove the words ``Sec. 10.402''
and add, in their place, the place, the words ``Sec. 11.402''.
Sec. 11.433 [Amended]
142. In newly redesignated Sec. 11.433--
a. In the introductory text, remove the word ``license'' and add,
in its place, the words ``an endorsement''; and
b. In paragraph (c), after the words ``holding a license'', add the
word ``or MMC endorsement''.
Sec. 11.435 [Amended]
143. In newly redesignated Sec. 11.435--
a. In the introductory text, remove the word ``license'', and add,
in its place, the word ``an endorsement''; and
b. In paragraph (b), after the words ``mate/ first class pilot
license'', add the words ``or MMC endorsement''.
Sec. 11.437 [Amended]
144. In newly redesignated Sec. 11.437--
a. In paragraph (a) introductory text, remove the word ``license'',
and add, in its place, the words ``an endorsement''; and
b. In paragraph (a)(3), after the words ``holding a license'', add
the words ``or MMC endorsement''.
Sec. 11.442 [Amended]
145. In newly redesignated Sec. 11.442--
a. In the introductory text, remove the words ``a license'', and
add, in their place, the words ``an endorsement''; and
b. In paragraphs (a) and (b), after the words ``holding a
license'', wherever they appear, add the words ``or MMC endorsement''.
Sec. 11.444 [Amended]
146. In newly redesignated Sec. 11.444--
a. In the introductory text, remove the word ``license'' and add,
in its place, the words ``an endorsement'';
b. In paragraph (a), after the words ``holding a certificate'', add
the words ``or endorsement''; and
c. In paragraph (b), after the words ``holding a license'', add the
words ``or MMC endorsement''.
Sec. 11.446 [Amended]
147. In newly redesignated Sec. 11.446--
a. In the introductory text, remove the words ``a license'' and
add, in their place, the words ``an endorsement'';
b. In paragraph (a), after the words ``holding a license'', add the
words ``or MMC endorsement''; and
c. In paragraph (b), after the words ``holding a license'',
wherever they appear, add the words ``or MMC endorsement''; and after
the words ``eligible for this'', remove the word ``license'' and add,
in its place, the word ``endorsement''.
Sec. 11.448 [Amended]
148. In newly redesignated Sec. 11.448 text, after the words ``an
applicant for'', remove the words ``a license'' and add, in their
place, the words ``an endorsement''; and after the words ``holding a
certificate'', add the words ``or endorsement''.
Sec. 11.450 [Amended]
149. In newly redesignated Sec. 11.450--
a. In the section heading, remove the word ``licenses'' and add, in
its place, the word ``endorsements'';
b. In paragraph (a), remove the word ``licenses'' and add, in its
place, the word ``endorsements''; and remove the text ``Sec. 10.422''
each time it appears and add, in its place, the text ``Sec. 11.422'';
c. In paragraph (c), after the words ``vessels upon which'', remove
the words ``licensed personnel'' and add, in their place, the words
``personnel with licenses or endorsements''; and, after the words
``required to engage'', remove the words ``licensed individuals'' and
add, in their place, the words ``individuals with endorsements''; and
d. In paragraph (d), remove the word ``license'' and add, in its
place, the word ``endorsement''.
Sec. 11.452 [Amended]
150. In newly redesignated Sec. 11.452--
a. In paragraph (a), after the words ``qualify an applicant for'',
remove the words ``a license'' and add, in their place, the words ``an
endorsement''; after the words ``holding a license'', add the words
``or MMC endorsement''; and after the words ``otherwise the'', remove
the word ``license'' and add, in its place, the word ``endorsement'';
and
b. In paragraph (b), after the words ``In order to obtain an
endorsement'', remove the words ``on this license''; and after the
words ``master's license'' add the words ``or MMC endorsement''.
Sec. 11.454 [Amended]
151. In newly redesignated Sec. 11.454--
a. In paragraph (a), after the words ``qualify an applicant for'',
remove the words ``a license'' and add, in their place, the words ``an
endorsement''; and after the words ``otherwise the'', remove the word
``license'' and add, in its place, the word ``endorsement'';
b. In paragraph (b), after the words ``In order to obtain an
endorsement'', remove the words ``on this license'';
c. In paragraph (c), before the words ``as master of steam'',
remove the words ``A license'' and add, in their place, the words ``An
endorsement''; and
d. In paragraph (d), after the words ``The holder of a license'',
add the words ``or MMC endorsement''; after the words ``may obtain
this'', remove the word ``license'' and add, in its place, the word
``endorsement''; and after the words ``otherwise the'', remove the word
``license'' and add, in its place, the word ``endorsement''.
Sec. 11.455 [Amended]
152. In newly redesignated Sec. 11.455--
a. In paragraph (a), after the words ``qualify an applicant for'',
remove the words ``a license'' and add, in their place, the words ``an
endorsement''; and after the words ``otherwise the'', remove the word
``license'' and add, in its place, the word ``endorsement''; and
b. In paragraph (b), after the words ``In order to obtain an
endorsement'', remove the words ``on this license''; and after the
words ``issuance of the'', remove the word ``license'' and add, in its
place, the word ``endorsement''.
Sec. 11.456 [Amended]
153. In newly redesignated Sec. 11.456--
a. In the introductory text, after the words ``Limited masters' '',
remove the word ``licenses'' and add, in its place, the word
``endorsements''; before the words ``issued under this'', remove the
words ``A license'' and add, in their place, the words ``An
endorsement''; and after the words ``In order to obtain this
restricted'', remove the word ``license'' and add, in its place, the
word ``endorsement'';
b. In paragraph (a), remove the word ``license'' and add, in its
place, the word ``endorsement''; and
c. In paragraph (d), after the words ``required by'', remove the
text ``Sec. 10.205(h)'' and add, in its place, the text ``Sec.
11.205(e)''.
Sec. 11.457 [Amended]
154. In newly redesignated Sec. 11.457--
a. In paragraph (a), after the words ``An applicant for'', remove
the words ``a license'' and add, in their place, the words ``an
endorsement''; and after the words ``requirements of'', remove the text
``Sec. 10.452'' and add, in its place, the text ``Sec. 11.452''; and
b. In paragraph (b), after the words ``In order to obtain an
endorsement'', remove the words ``on this license''; and, after the
words ``issuance of the license'', add the words ``or MMC
endorsement''.
Sec. 11.459 [Amended]
155. In newly redesignated Sec. 11.459--
a. In paragraph (a), after the words ``An applicant for'', remove
the words
[[Page 3673]]
``a license'' and add, in their place, the words ``an endorsement'';
and
b. In paragraph (b), after the words ``An applicant for'', remove
the words ``a license'' and add, in their place, the words ``an
endorsement''; and after the words ``and inland steam or motor'',
remove the word ``license'' and add, in its place, the word
``endorsement''.
156. In newly designated Sec. 11.462, revise the heading and
paragraphs (a) introductory text, (b), (c) introductory text, (c)(1)
through (3), (c)(4) introductory text, (c)(4)(v), (c)(4)(vi), (d)(1)
through (3), (d)(4) introductory text, and (d)(4)(iv) through (vi) to
read as follows:
Sec. 11.462 Endorsements for master or mate of uninspected fishing
industry vessels.
(a) This section applies to endorsements for masters and mates of
all vessels, however propelled navigating the high seas, which are
documented to engage in the fishing industry, with the exception of:
* * * * *
(b) Endorsements as master or mate of uninspected fishing industry
vessels are issued for either ocean or near-coastal routes, depending
on the examination completed. To qualify for an uninspected fishing
industry vessel endorsement, the applicant must satisfy the training
and examination requirements of Sec. 11.401(g) of this subpart.
(c) An applicant for an endorsement as master of uninspected
fishing industry vessels must have four years of total service on ocean
or near coastal routes. Service on Great Lakes or inland waters may
substitute for up to two years of the required service. One year of the
required service must have been as master, mate, or equivalent
supervisory position while holding a license or MMC endorsement as
master, mate, master or mate (pilot) of towing vessels, or OUPV.
(1) To qualify for an endorsement for not more than 500 gross tons,
at least two years of the required service, including the one year as
master, mate or equivalent, must have been on vessels of over 50 gross
tons.
(2) To qualify for an endorsement for not more than 1,600 gross
tons, at least two years of the required service, including the one
year as master, mate, or equivalent, must have been on vessels of over
100 gross tons.
(3) To qualify for an endorsement for over 1,600 gross tons, but
not more than 5,000 gross tons, the vessel tonnage upon which the four
years of required service was obtained will be used to compute the
tonnage. The endorsement is limited to the maximum tonnage on which at
least 25 percent of the required service was obtained or 150 percent of
the maximum tonnage on which at least 50 percent of the service was
obtained, whichever is higher. Limitations are in multiples of 1,000
gross tons, using the next higher figure when an intermediate tonnage
is calculated. An endorsement as master of uninspected fishing industry
vessels authorizing service on vessels over 1,600 gross tons also
requires one year as master, mate, or equivalent on vessels over 100
gross tons.
(4) The tonnage limitation for this endorsement may be raised using
one of the following methods, but cannot exceed 5,000 gross tons.
Limitations are in multiples of 1,000 gross tons, using the next higher
figure when an intermediate tonnage is calculated.
* * * * *
(v) Two years of service as a deckhand on a vessel while holding a
license or MMC endorsement as master results in a limitation on the MMC
equal to 150% of the tonnage of that vessel up to 5,000 gross tons; or
(vi) One year of service as deckhand on a vessel while holding a
license or MMC endorsement as master results in a limitation on the MMC
equal to the tonnage of that vessel.
(d) An applicant for an endorsement as mate of uninspected fishing
industry vessels must have three years of total service on ocean or
near-coastal routes. Service on Great Lakes or inland waters may
substitute for up to 18 months of the required service.
(1) To qualify for an endorsement of not more than 500 gross tons,
at least one year of the required service must have been on vessels of
over 50 gross tons.
(2) To qualify for an endorsement of not more than 1,600 gross
tons, at least one year of the required service must have been on
vessels of over 100 gross tons.
(3) To qualify for an endorsement of over 1,600 gross tons, but not
more than 5,000 gross tons, the vessel tonnage upon which the three
years of required service was obtained will be used to compute the
tonnage. The endorsement is limited to the maximum tonnage on which at
least 25 percent of the required service was obtained, or 150 percent
of the maximum tonnage on which at least 50 percent of the service was
obtained, whichever is higher. Limitations are in multiples of 1,000
gross tons, using the next higher figure when an intermediate tonnage
is calculated.
(4) The tonnage limitation on this endorsement may be raised using
one of the following methods, but cannot exceed 5,000 gross tons.
Limitations are in multiples of 1000 gross tons, using the next higher
figure when an intermediate tonnage is calculated.
* * * * *
(iv) One year of service as deckhand on vessels over 1,600 gross
tons while holding a license or MMC endorsement as mate, results in
raising the limitation on the MMC to 5,000 gross tons;
(v) Two years of service as a deckhand on a vessel while holding a
license or MMC endorsed as mate results in a limitation on the MMC
equal to 150% of the tonnage of that vessel up to 5,000 gross tons; or
(vi) One year of service as deckhand on a vessel while holding a
license or MMC endorsement as mate results in a limitation on the MMC
equal to the tonnage of that vessel.
* * * * *
Sec. 11.463 [Amended]
157. In newly redesignated Sec. 11.463--
a. In the section heading, remove the words ``licenses for'' and
add, in their place, the words ``endorsements as'';
b. In paragraph (a) introductory text, remove the word ``licenses''
and add, in its place, the word ``endorsements''; and
c. In paragraphs (b) and (c), remove the words ``a license''
wherever they appear and add, in their place, the words ``an
endorsement''.
158. In newly redesignated Sec. 11.464, revise the section
heading, paragraphs (a) through (e), including tables 11.464(a) and
11.464(b), and paragraphs (f) introductory text, (f)(2)(i), and (f)(3)
to read as follows:
Sec. 11.464 Requirements for endorsements as master of towing
vessels.
(a) If you would like to obtain an endorsement as master of towing
vessels with a route listed in column 1 of table 11.464(a) of this
section, then you must complete the service requirements indicated in
columns 2 through 5. You may serve on the subordinate routes listed in
column 6 without further endorsement.
[[Page 3674]]
Table 11.464(a).--Requirements for Endorsement as Master of Towing Vessels \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 2 3 4 5 6
--------------------------------------------------------------------------------------------------------------------------------------------------------
TOS \3\ T/V as mate
Route endorsed Total service TOS \3\ on T/V as mate (pilot) not as harbor TOS \3\ particular Subordinate route
\2\ (pilot) assist route authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) OCEANS (O)...................... 48 18 of 48............... 12 of 18............... 3 of 18................ NC, GL-I.
(2) NEAR-COASTAL (NC)............... 48 18 of 48............... 12 of 18............... 3 of 18................ PGL-I.
(3) GREAT LAKES-INLAND (GL-I)....... 48 18 of 48............... 12 of 18............... 3 of 18................
(4) WESTERN RIVERS (WR)............. 48 18 of 48............... 12 of 18............... 3 of 18 ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ If you hold an endorsement as master of towing vessels you may have an endorsement-as mate (pilot) of towing vessels for a route superior to your
current route on which you have no operating experience-placed on your MMC after passing an examination for that additional route. After you complete
90 days of experience and complete a Towing Officer's Assessment Record on that route, we will add it to your endorsement as master of towing vessels
and remove the one for mate (pilot) of towing vessels.
\2\ Service is in months.
\3\ TOS is time of service.
(b) If you would like to obtain an endorsement as master of towing
vessels (limited), then you must complete the requirements listed in
columns 2 through 5 of table 11.464(b) of this section.
Table 11.464(b).--Requirements for Endorsement as Master of Towing Vessels (Limited)
----------------------------------------------------------------------------------------------------------------
1 2 3 4 5
----------------------------------------------------------------------------------------------------------------
TOS \2\ on T/V as
Route endorsed Total service limited apprentice TOAR or an approved TOS \2\ on
\1\ mate (steersman) course particular route
----------------------------------------------------------------------------------------------------------------
Limited local area (LLA)........ 36 18 of 48............ 12 of 18........... 3 of 18.
----------------------------------------------------------------------------------------------------------------
\1\ Service is in months.
\2\ TOS is time of service.
(c) If you hold a license or MMC endorsement as mate (pilot) of
towing vessels, you may have master of towing vessels (limited) added
to your MMC for a limited local area within the scope of your current
route.
(d) Before you serve as master of towing vessels on the Western
Rivers, you must possess 90 days of observation and training and have
your MMC include an endorsement for Western Rivers.
(e) Each company must maintain evidence that every vessel it
operates is under the direction and control of a mariner with the
appropriate endorsement and experience, including 30 days of
observation and training on the intended route other than Western
Rivers.
(f) If you hold a license or MMC endorsement as a master of
inspected, self-propelled vessels of greater than 200 gross register
tons, you may operate towing vessels within any restrictions on your
endorsement if you:
(1) * * *
(2) * * *
(i) Hold a completed Towing Officer's Assessment Record (TOAR)
described in Sec. 11.304(h) that shows evidence of assessment of
practical demonstration of skills; or
* * * * *
(3) Your license or MMC does not need to include a towing
endorsement if you hold a TOAR or a course completion certificate.
* * * * *
159. In newly redesignated Sec. 11.465, revise the heading and
paragraphs (a) through (c), including table 11.465(a), (d) introductory
text, (d)(2), (d)(3), and (e) to read as follows:
Sec. 11.465 Requirements for endorsements as mate (pilot) of towing
vessels.
(a) If you would like to obtain an endorsement as mate (pilot) of
towing vessels endorsed with a route listed in column 1 of table
11.465(a) of this section, then you must complete the service in
columns 2 through 5. If you hold a license or MMC endorsement as master
of towing vessels (limited) and would like to upgrade it to mate
(pilot) of towing vessels, then you must complete the service in
columns 5 and 6. If you hold a license or MMC endorsement as mate
(pilot) of towing vessels (limited) and would like to upgrade it to
mate (pilot) of towing vessels, then you must complete the service in
columns 2 through 5 and pass a limited examination. An endorsement with
a route endorsed in column 1 authorizes service on the subordinate
routes listed in column 7 without further endorsement.
[[Page 3675]]
Table 11.465(a).--Requirements for Endorsement as Mate (Pilot \1\) of Towing Vessels
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 2 3 4 5 6 7
--------------------------------------------------------------------------------------------------------------------------------------------------------
30 Days of
observation and
TOS \3\ on T/V as training while
Route endorsed Total service apprentice mate TOS \3\ on TOAR \4\ or an holding mater Subordinate route
\2\ (steersman) particular route approved course (limited) and pass authorized
a limited
examination
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) OCEANS (O)................. 30 12 of 30........... 3 of 12............ YES................ YES................ NC, GL-I.
(2) NEAR-COASTAL (NC).......... 30 12 of 30........... 3 of 12............ YES................ YES................ GL-I.
(3) GREAT LAKES-INLAND (GL-I).. 30 12 of 30........... 3 of 12............ YES................ YES................
(5) WESTERN RIVERS (WR)........ 30 12 of 30........... 3 of 12............ YES................ NO (90 days service
required) .
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For all inland routes, as well as Western Rivers, the endorsement as pilot of towing vessels is equivalent to that as mate of towing vessels. All
qualifications and equivalencies are the same.
\2\ Service is in months unless otherwise indicated.
\3\ TOS is time of service.
\4\ TOAR is Towing Officers' Assessment Record.
(b) Before you serve as mate (pilot) of towing vessels on the
Western Rivers, you must possess 90 days of observation and training
and have your MMC include an endorsement for Western Rivers.
(c) Each company must maintain evidence that every vessel it
operates is under the direction and control of a mariner with the
appropriate endorsement and experience, including 30 days of
observation and training on the intended route other than Western
Rivers.
(d) If you hold a license or MMC endorsement as a mate of
inspected, self-propelled vessels of greater than 200 GRT or one as
first-class pilot, then you may operate towing vessels within any
restrictions on your credential if you:
(1) * * *
(2) Hold a completed Towing Officer's Assessment Record (TOAR)
described in Sec. 11.304(h) that shows evidence of assessment of
practical demonstration of skills.
(3) Your license or MMC does not need to include a towing
endorsement if you hold a TOAR or a course completion certificate.
(e) An approved training course for mate (pilot) of towing vessels
must include formal instruction and practical demonstration of
proficiency either onboard a towing vessel or at a shoreside training
facility before a designated examiner, and must cover the material
(dependent upon route) required by Sec. 11.910-2 for apprentice mate
(steersman), towing vessels on ocean and near coastal routes;
apprentice mate (steersman), towing vessels on Great Lakes and inland
routes; or, steersman, towing vessels on Western Rivers routes.
* * * * *
160. In newly redesignated Sec. 11.466--
a. In the section heading, remove the word ``licenses'' and add, in
its place, the word ``endorsements'';
b. In paragraph (a), after the words ``As Table'' remove the word
``10.466-1'' and add, in its place, the word ``11.466(a)''; and after
the words ``like to obtain'', remove the words ``a license'' and add,
in their place, the words ``an endorsement'';
c. Redesignate table 10.466-1 as table 11.466(a) and revise it to
read as follows; and
d. In paragraph (b), after the words ``hold a license'' add the
words ``or endorsement''; after the words ``endorsement will go on
your'', remove the word ``license'' and add, in its place, the word
``MMC''; and after the words ``may have the'', remove the words
``restricted endorsement'' and add, in their place, the word
``restriction'':
Sec. 11.466 Requirements for endorsements as apprentice mate
(steersman) of towing vessels.
* * * * *
Table 11.466(a)--Requirements for Endorsement as Apprentice Mate (Steersman) of Towing Vessels
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 2 3 4 5 6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total service TOS \2\ on Pass Examination
Endorsement Route endorsed \1\ TOS \2\ on T/V particular route \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) APPRENTICE MATE (STEERSMAN). OCEANS (O)........................... 18 12 of 18............ 3 of 18............. YES.
NEAR-COASTAL (NC).................... 18 12 of 18............ 3 of 18............. YES.
GREAT LAKES-......................... 18 12 of 18............ 3 of 18............. YES.
INLAND (GL-I)........................ 18 12 of 18............ 3 of 18............. YES.
WESTERN RIVERS (WR).................. 18 12 of 18............ 3 of 18............. YES.
(2) APPRENTICE MATE (STEERSMAN) NOT APPLICABLE....................... 18 12 of 18............ 3 of 18............. YES.
(LIMITED).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Service is in months.
\2\ TOS is time of service.
\3\ The examination for apprentice mate is specified in subpart I of this part. The examination for apprentice mate (limited) is a limited examination.
\4\ For all inland routes, as well as Western Rivers, the endorsement as steersman is equivalent to that as apprentice mate. All qualifications and
equivalencies are the same.
[[Page 3676]]
* * * * *
161. Revise newly redesignated Sec. 11.467 to read as follows--
Sec. 11.467 Endorsement as operators of uninspected passenger vessels
of less than 100 gross tons
(a) This section applies to an applicant for the endorsement to
operate an uninspected vessel of less than 100 gross tons, equipped
with propulsion machinery of any type, carrying six or less passengers.
(b) An endorsement for OUPV issued for ocean waters will be limited
to near-coastal waters not more than 100 miles offshore. An endorsement
issued for inland waters will include all inland waters, except Great
Lakes. An endorsement may be issued for a particular local area under
paragraph (g) of this section.
(c) For an endorsement as OUPV on near-coastal waters, an applicant
must have a minimum of 12-months experience in the operation of
vessels, including at least three-months service on vessels operating
on ocean or near-coastal waters.
(d) For an endorsement as OUPV on the Great Lakes and inland
waters, an applicant must have 12-months service on Great Lakes or
inland waters, including at least three-months service operating
vessels on Great Lakes waters.
(e) For an endorsement as OUPV on inland waters, an applicant must
have a minimum of 12-months experience in the operation of vessels.
(f) An endorsement as OUPV, limited to undocumented vessels, may be
issued to a person who is not a citizen of the United States.
(g) Limited OUPV endorsements may be issued to applicants to be
employed by organizations such as formal camps, yacht clubs,
educational institutions, and marinas. An endorsement issued under this
paragraph will be limited to the specific activity and the locality of
the camp, yacht club, or marina. In order to obtain this restricted
endorsement, an applicant must:
(1) Have three-months service in the operation of the type of
vessel for which the endorsement is requested;
(2) Satisfactorily complete a safe-boating course approved by the
National Association of State Boating Law Administrators, or those
public education courses conducted by the U.S. Power Squadron or the
American National Red Cross or a Coast Guard-approved course;
(3) Pass a limited examination appropriate for the activity to be
conducted and the route authorized; and
(4) The first aid and cardiopulmonary resuscitation (CPR) course
certificates required by Sec. 11.205(e) of this part will only be
required when, in the opinion of the OCMI, the geographic area over
which service is authorized precludes obtaining medical services within
a reasonable time.
(h) An applicant for an endorsement as OUPV who intends to serve
only in the vicinity of Puerto Rico, and who speaks Spanish but not
English, may be issued an endorsement restricted to the navigable
waters of the United States in the vicinity of Puerto Rico.
Sec. 11.468 [Amended]
162. In newly redesignated Sec. 11.468--
a. In the section heading and text, remove the word ``Licenses''
wherever it appears and add, in its place, the words ``Officer
endorsements''; and
b. In the text, remove the word ``license'' and add, in its place,
the word ``endorsement''.
163. In newly redesignated Sec. 11.470, revise the heading and
paragraphs (a) introductory text, (b) introductory text, (b)(2)(i),
(b)(2)(iv), (c), (d) introductory text, (d)(2)(i), (d)(2)(iv), (e), (f)
introductory text, (f)(2)(i), (f)(2)(iii), (g) introductory text, (h)
introductory text, (h)(2)(iii), (j) introductory text, (j)(2)(i),
(j)(2)(iii), and (k) introductory text to read as follows:
Sec. 11.470 Officer endorsements as offshore installation manager.
(a) Officer endorsements as offshore installation manager (OIM)
include:
* * * * *
(b) To qualify for an endorsement as OIM unrestricted, an applicant
must:
(1) * * *
(2) * * *
(i) A certificate from a Coast Guard-approved stability course
approved for a license or MMC endorsement as OIM unrestricted;
* * * * *
(iv) A certificate from a firefighting training course as required
by Sec. 11.205(d) of this part; and
* * * * *
(c) An applicant for an endorsement as OIM unrestricted who holds
an unlimited license or MMC endorsement as master or chief mate must
satisfy the requirements in paragraphs (b)(2) and (b)(3) of this
section and have at least 84 days of service on surface units and at
least 28 days of service on bottom bearing units.
(d) To qualify for an endorsement as OIM surface units on location,
and applicant must:
(1) * * *
(2) * * *
(i) A certificate from a Coast Guard approved stability course
approved for a license or MMC endorsement as OIM surface units;
* * * * *
(iv) A certificate from a firefighting training course as required
by Sec. 11.205(d) of this part.
(e) An applicant for an endorsement as OIM surface units on
location who holds an unlimited license or MMC endorsement as master or
chief mate must satisfy the requirements of paragraph (d)(2) of this
section and have at least 84 days of service on surface units.
(f) To qualify for an endorsement as OIM surface units underway, an
applicant must:
(1) * * *
(2) * * *
(i) A certificate from a Coast Guard-approved stability course
approved for an OIM surface units endorsement;
* * * * *
(iii) A certificate from a firefighting training course as required
by Sec. 11.205(d) of this part.
(g) An applicant for endorsement as OIM surface units underway who
holds an unlimited license or MMC endorsement as master or chief mate
must satisfy the requirements in paragraph (f)(2) of this section and
provide a company recommendation signed by a senior company official
which:
* * * * *
(h) To qualify for an endorsement as OIM bottom bearing units on
location, an applicant must:
(1) * * *
(2) * * *
(iii) A certificate from a firefighting training course as required
by Sec. 11.205(d) of this part.
(i) An applicant for an endorsement as OIM bottom bearing units on
location who holds an unlimited license or MMC endorsement as master or
chief mate must satisfy paragraph (h)(2) of this section and have at
least 28 days of service on bottom bearing units.
(j) To qualify for an endorsement as OIM bottom bearing units
underway, an applicant must:
(1) * * *
(2) * * *
(i) A certificate from a Coast Guard-approved stability course
approved for a license or MMC endorsement as OIM bottom bearing units;
* * * * *
(iii) A certificate from a firefighting training course as required
by Sec. 11.205(d) of this part.
(k) An applicant for endorsement as OIM bottom bearing units
underway who holds an unlimited license or MMC endorsement as master or
chief mate
[[Page 3677]]
must satisfy the requirements in paragraph (j)(2) of this section and
provide a company recommendation signed by a senior company official,
which:
* * * * *
Sec. 11.472 [Amended]
164. In newly redesignated Sec. 11.472--
a. In the section heading, remove the words ``License for'' and
add, in their place, the words ``Officer endorsements as'';
b. In paragraph (a) introductory text, remove the words ``a license
or'' and add, in their place, the word ``an'';
c. In paragraph (a)(2)(i), remove the words ``barge supervisor
license or endorsement'' and add, in their place, the words ``license
or MMC endorsement as barge supervisor'';
d. In paragraph (a)(2)(iii), remove the words ``Sec. 10.205(g)''
and add, in their place, the words ``Sec. 11.205(d)''; and
e. In paragraph (b), after the words ``unlimited license'' add the
words ``or MMC endorsement''.
Sec. 11.474 [Amended]
165. In newly redesignated Sec. 11.474--
a. In the section heading, remove the words ``License for'' and
add, in their place, the words ``Officer endorsements as'';
b. In paragraph (a) introductory text, remove the words ``a license
or'' and add, in its place, the words ``an'';
c. In paragraph (a)(1)(i) and (ii), remove the words ``a licensed''
wherever they appear and add, in their place, the words ``an individual
holding a license or MMC endorsement as'';
d. In paragraph (a)(2)(i), remove the words ``barge supervisor or
ballast control operator license or endorsement'' and add, in their
place, the words ``license or MMC endorsement as barge supervisor or
ballast control operator'';
e. In paragraph (a)(2)(iii), remove the words ``Sec. 10.205(g)''
and add, in their place, the words ``Sec. 11.205(d)'';
f. In paragraph (b), after the words ``unlimited license'', add the
words ``or MMC endorsement''; and remove the word ``licensed'' and add,
in its place, the words ``an individual holding an endorsement as'';
Sec. 11.476 [Removed and Reserved]
166. Remove and reserve Sec. 11.476.
Sec. 11.480 [Amended]
167. In newly redesignated Sec. 11.480--
a. In paragraph (b) introductory text, remove the words ``deck
officer's license'' and add, in their place, the word ``MMC'';
b. In paragraph (c), remove the words ``Endorsement as'' wherever
they appear;
c. In paragraph (f), remove the last sentence;
d. Remove paragraphs (g) and (k) and redesignate paragraphs (h)
through (j) as paragraphs (g) through (i);
e. In redesignated paragraph (h), after the words ``a license'',
add the words ``or MMC''; and after the words ``may renew'', remove the
words ``the license''; and
f. In redesignated paragraph (i), after the words ``grade of a
license'' add the words ``or MMC endorsement''.
Sec. 11.482 [Amended]
168. In newly redesignated Sec. 11.482--
a. In paragraph (a), after the words ``endorsement authorizing'',
remove the words ``an applicant'' and add, in their place, the words
``a mariner''; after the words ``applies to all'', remove the words
``licenses except those for'' and add, in their place, the words ``MMCs
except''; before the words ``master or mate authorizing'', remove the
words ``those for''; after the words ``Holders of any of these'';
remove the word ``licenses'' and add, in its place, the word
``endorsements''; and remove the words ``the licenses and without the
endorsement'' and add, in their place, the words ``their MMC or
license'';
b. In paragraph (c), remove the words ``An assistance towing
endorsement on a license as master, mate, or operator authorizes the
holder'' and replace them with ``The holder of a license or MMC for
master, mate, or operator endorsed for assistance towing is
authorized''; and after the words ``scope of the license'', add the
words ``or MMC''; and
c. In paragraph (d), after the words ``same as the license'', add
the words ``or MMC''; remove the words ``on which it is endorsed'' and
add, in their place, the words ``on which it is included''; and after
the words ``renewed with the'', remove the word ``license'' and add, in
their place, the word ``MMC''.
Sec. 11.491 [Amended]
169. In newly redesignated Sec. 11.491--
a. In the section heading, remove the word ``Licenses'' and add, in
its place, the word ``Officer endorsements''; and
b. In the text, before the words ``for service on'', remove the
word ``license'' and add, in its place, the words ``officer
endorsement''; and after the words ``restrictions placed on the
license'', add the words ``or MMC''.
Sec. 11.493 [Amended]
170. In newly redesignated Sec. 11.493(a), remove the words ``a
license'' and add, in their place, the words ``an endorsement''.
Sec. 11.495 [Amended]
171. In newly redesignated Sec. 11.495(a), remove the words ``a
license'' and add, in their place, the words ``an endorsement''.
Sec. 11.497 [Amended]
172. In newly redesignated Sec. 11.497(a), remove the words ``a
license'' and add, in their place, the words ``an endorsement''.
Subpart E--[Amended]
173. In the heading for subpart E, remove the words ``Officers'
Licenses'' and add, in their place, the word ``Officer''.
Sec. 11.501 [Amended]
174. In newly redesignated Sec. 11.501--
a. In the section heading, remove the word ``licenses'' and add, in
its place, the word ``endorsements'';
b. In paragraph (a) introductory text, remove the word ``Licenses''
and add, in its place, the words ``Engineer endorsements'';
c. In paragraph (b) introductory text, remove the word ``licenses''
and add, in its place, the word ``endorsements'';
d. In paragraph (c) introductory text, after the words ``Engineer
licenses'' add the words ``or MMC endorsements''; and
e. In paragraph (d) introductory text, remove the words ``Engineer
licenses are endorsed to authorize'' and add, in its place, the words
``An engineer officer's license or MMC endorsement authorizes''; and
after the words ``vessels or may be'', remove the words ``be endorsed
for'' and add, in their place, the word ``authorize''; and
f. In paragraph (e), after the words ``holding an engineer
license'' add the words ``or MMC endorsement''; and after the words
``limitations of the license'', add the words ``or MMC''.
Sec. 11.502 [Amended]
175. In newly redesignated Sec. 11.502--
a. In the section heading, remove the word ``licenses'' and add, in
its place, the word ``endorsements'';
b. In paragraph (a), after the words ``engineer licenses'' add the
words ``or MMC endorsements'';
c. In paragraph (b) introductory text, remove the words ``a
licensed applicant desires to obtain an endorsement on an engineer
license in the other propulsion mode (steam or motor)'' and add, in
their place, the words ``an applicant desires to add a propulsion mode
to his or her endorsement''; and after the words ``holding a license'',
add the words ``or MMC endorsement'';
[[Page 3678]]
d. In paragraph (b)(1), remove the words ``licensed capacity'' and
add, in their place, the words ``capacity as their endorsement'';
e. In paragraph (b)(2), remove the words ``a licensed officer at a
lower license level'' and add, in their place, the words ``an engineer
officer at a lower level''; and
f. In paragraph (c), after the words ``of an engineer license'',
add the words ``or MMC endorsement''; and remove the text ``Sec.
10.205(g)'' and add, in its place, the text ``Sec. 11.205(d)''.
176. Revise newly redesignated Sec. 11.503 to read as follows--
Sec. 11.503 Horsepower limitations.
(a) Engineer licenses and endorsements of all grades and types may
be subject to horsepower limitations. Other than as provided in Sec.
11.524 for the designated duty engineer (DDE), the horsepower
limitation placed on a license or MMC endorsement is based on the
applicant's qualifying experience considering the total shaft
horsepower of each vessel on which the applicant has served.
(b) When an applicant for an original or raise of grade of an
engineer license or MMC endorsement, other than a DDE, has not obtained
at least 50 percent of the required qualifying experience on vessels of
4,000 or more horsepower, a horsepower limitation is placed on the MMC
based on the applicant's qualifying experience. The endorsement is
limited to the maximum horsepower on which at least 25 percent of the
required experience was obtained, or 150 percent of the maximum
horsepower on which at least 50 percent of the service was obtained,
whichever is higher. Limitations are in multiples of 1,000 horsepower,
using the next higher figure when an intermediate horsepower is
calculated. When the limitation as calculated equals or exceeds 10,000
horsepower, an unlimited horsepower endorsement is issued.
(c) The following service on vessels of 4,000 horsepower or over
will be considered qualifying for the raising or removing of horsepower
limitations placed on an engineer license or MMC endorsement:
(1) Six months of service in the highest-grade endorsed: removal of
all horsepower limitations.
(2) Six months of service as an officer in any capacity other than
the highest grade for which licensed or endorsed: Removal of all
horsepower limitations for the grade in which service is performed and
raise the next higher grade endorsement to the horsepower of the vessel
on which service was performed. The total cumulative service before and
after issuance of the limited license or MMC endorsement may be
considered in removing all horsepower limitations.
(3) Twelve months of service as oiler or junior engineer while
holding a license or MMC endorsement as third assistant engineer or
assistant engineer (limited oceans): removal of all horsepower
limitations on third assistant engineer or assistant engineer's
(limited oceans) endorsement.
(4) Six months of service as oiler or junior engineer while holding
a license or MMC endorsement as second assistant engineer: removal of
all horsepower limitations on third assistant engineer's endorsement.
(d) Raising or removing horsepower limitations based on service
required by paragraph (c) of this section may be granted without
further written examination providing the OCMI who issued the
applicant's license or MMC endorsement, considers further examination
unnecessary.
Sec. 11.504 [Amended]
177. In newly redesignated Sec. 11.504--
a. In the section heading, remove the word ``licenses'' and add, in
its place, the word ``endorsements''; and
b. In the text, remove the words ``a license'' and add, in their
place, the words ``an endorsement''.
178. In newly redesignated Sec. 11.505--
a. In the section heading, remove the word ``license'' and add, in
its place, the word ``officer'';
b. In the text, remove the word ``license'' and add, in its place,
the word ``endorsement''; and
c. Redesignate Figure 10.505 as Figure 11.505 and revise it to read
as follows:
Sec. 11.505 Engineer officer structure.
BILLING CODE 4910-15-P
[[Page 3679]]
[GRAPHIC] [TIFF OMITTED] TP25JA07.004
BILLING CODE 4910-15-C
[[Page 3680]]
Sec. 11.510 [Amended]
179. In newly redesignated Sec. 11.510--
a. In the introductory text, remove the word ``license'' and add,
in its place, the word ``endorsement''; and
b. In paragraph (b), after the words ``holding a license'' add the
words or MMC endorsement''.
Sec. 11.512 [Amended]
180. In newly redesignated Sec. 11.512, after the words ``qualify
an applicant for'', remove the word ``license'' and add, in its place,
the word ``endorsement''; and after the words ``holding a license'',
add the words or MMC endorsement''.
Sec. 11.514 [Amended]
181. In newly redesignated Sec. 11.514--
a. In the introductory text, after the words ``qualify an applicant
for'' remove the word ``license'' and add, in its place, the word
``endorsement''; and
b. In paragraphs (a) and (b) introductory text, after the words
``holding a license'', wherever they appear, add the words ``or MMC
endorsement''.
Sec. 11.516 [Amended]
182. In newly redesignated Sec. 11.516, in paragraph (a)
introductory text, after the words ``an applicant for'', remove the
word ``license'' and add, in its place, the word ``endorsement''.
183. Revise newly redesignated Sec. 11.518 to read as follows:
Sec. 11.518 Service requirements for chief engineer (limited oceans)
of steam and/or motor vessels.
The minimum service required to qualify an applicant for
endorsement as chief engineer (limited oceans) of steam and/or motor
vessels is five-years total service in the engineroom of vessels. Two
years of this service must have been as an engineer officer. Thirty
months of the service must have been as a qualified member of the
engine department or equivalent supervisory position.
184. Revise newly redesignated Sec. 11.520 to read as follows:
Sec. 11.520 Service requirements for chief engineer (limited near
coastal) of steam and/or motor vessels.
The minimum service required to qualify an applicant for
endorsement as chief engineer (limited near coastal) of steam and/or
motor vessels is four-years total service in the engineroom of vessels.
One year of this service must have been as an engineer officer. Two
years of the service must have been as a qualified member of the engine
department (QMED) or equivalent supervisory position.
185. Revise newly redesignated Sec. 11.522 to read as follows:
Sec. 11.522 Service requirements for assistant engineer (limited
oceans) of steam and/or motor vessels.
The minimum service required to qualify an applicant for
endorsement as assistant engineer (limited oceans) of steam and/or
motor vessels is three years of service in the engineroom of vessels.
Eighteen months of this service must have been as a QMED or equivalent
supervisory position.
186. Amend newly redesignated Sec. 11.524 by revising paragraphs
(a) and (b) introductory text to read as follows:
Sec. 11.524 Service requirements for designated duty engineer of
steam and/or motor vessels.
(a) DDE endorsements are issued in three levels of horsepower
limitations dependent upon the total service of the applicant and
completion of appropriate examination. These MMCs are limited to
vessels of not more than 500 gross tons on certain waters as specified
in Sec. 11.501.
(b) The service requirements for endorsements as DDE are:
* * * * *
187. Revise newly redesignated Sec. 11.530 to read as follows:
Sec. 11.530 Endorsements for engineers of uninspected fishing
industry vessels.
(a) This section applies to endorsements for chief and assistant
engineers of all vessels, however propelled, navigating the high seas,
which are documented to engage in the fishing industry, with the
exception of:
(1) Wooden ships of primitive build;
(2) Unrigged vessels; and,
(3) Vessels of less than 200 gross tons.
(b) Endorsements as chief engineer and assistant engineer of
uninspected fishing industry vessels are issued for ocean waters and
with horsepower limitations in accordance with the provisions of Sec.
11.503.
(c) For an endorsement as chief engineer, the applicant must have
served four years in the engineroom of vessels. One year of this
service must have been as an assistant-engineer officer or equivalent
supervisory position.
(d) For an endorsement as assistant engineer, an applicant must
have served three years in the engine room of vessels.
(e) Two-thirds of the service required under this section must have
been on motor vessels.
(f) Applicants may request an orally assisted examination on the
subjects listed in subpart I of this part.
188. Revise newly redesignated Sec. 11.540 to read as follows:
Sec. 11.540 Endorsements for engineers of mobile offshore drilling
units.
Endorsements as chief engineer (MODU) or assistant engineer (MODU)
authorize service on certain self-propelled or non-self-propelled units
of any horsepower where authorized by the vessel's certificate of
inspection.
Sec. 11.542 [Amended]
189. In newly redesignated Sec. 11.542--
a. In the section heading, remove the words ``License for'' and
add, in their place, the words ``Endorsement as'';
b. In the introductory text and paragraph (c), remove the words ``a
license'' wherever they appear and add, in their place, the words ``an
endorsement''; and
c. In paragraph (b), remove the number ``10.205(g)'' and add, in
its place, the number ``11.205(d)''.
Sec. 11.544 [Amended]
190. In newly redesignated Sec. 11.544--
a. In the section heading, remove the words ``License for'' and
add, in their place, the words ``Endorsement as'';
b. In the introductory text and paragraph (c), remove the words ``a
license'' wherever they appear and add, in their place, the words ``an
endorsement'';
c. In paragraph (a)(3), remove the words ``Commanding Officer'' and
add, in their place, the word ``The''; and
d. In paragraph (b), remove the number ``10.205(g)'' and add, in
its place, the number ``11.205(d)''.
191. Revise newly redesignated Sec. 11.551 to read as follows:
Sec. 11.551 Endorsements for service on offshore supply vessels.
Each endorsement for service on OSVs as chief engineer (OSV) or
engineer (OSV) authorizes service on OSVs as defined in 46 U.S.C.
2101(19) and as interpreted under 46 U.S.C. 14104(b), subject to any
restrictions placed on the MMC.
Sec. 11.553 [Amended]
192. In newly redesignated Sec. 11.553(a), remove the words ``a
license'' and add, in their place, the words ``an endorsement''.
Sec. 11.555 [Amended]
193. In newly redesignated Sec. 11.555(a), remove the words ``a
license'' and add, in their place, the words ``an endorsement''.
[[Page 3681]]
Subpart F--[Amended]
194. In the heading for subpart F, remove the word ``Licensing''
and add, in its place, the word ``Credentialing''.
195. Revise newly redesignated Sec. 11.601 to read as follows:
Sec. 11.601 Applicability.
This subpart provides for endorsement as radio officers for
employment on vessels, and for the issue of STCW endorsements for those
qualified to serve as radio operators on vessels subject to the
provisions on the Global Maritime Distress and Safety System (GMDSS) of
Chapter IV of SOLAS.
196. In newly redesignated Sec. 11.603, revise the heading and
paragraphs (a) and (c), and remove and reserve paragraph (b) to read as
follows:
Sec. 11.603 Requirements for radio officers' endorsements and STCW
endorsements for GMDSS radio operators.
(a) Each applicant for an original endorsement or renewal of
license shall present a current first or second class radiotelegraph
operator license issued by the Federal Communications Commission. The
applicant shall enter on the endorsement application form the number,
class, and date of issuance of his or her Federal Communications
Commission license.
(b) [Reserved]
(c) Each applicant who furnishes evidence that he or she meets the
standard of competence set out in STCW Regulation IV/2 (incorporated by
reference in Sec. 11.102), including the competence to transmit and
receive information using subsystems of GMDSS, to fulfill the
functional requirements of GMDSS, and to provide radio services in
emergencies is entitled to hold an STCW endorsement suitable for
performing duties associated with GMDSS.
* * * * *
Subpart G--[Amended]
197. In the heading for subpart G, remove the words ``Pilot
Licenses'' and add, in their place, the word ``Pilots''.
198. Revise newly redesignated Sec. 11.701 to read as follows:
Sec. 11.701 Scope of pilot endorsements.
(a) An applicant for an endorsement as first-class pilot need not
hold any other officer endorsement issued under this part.
(b) The issuance of an endorsement as first-class pilot to an
individual qualifies that individual to serve as pilot over the
route(s) specified on the endorsement, subject to any limitations
imposed under paragraph (c) of this section.
(c) The OCMI issuing an endorsement as first-class pilot, imposes
appropriate limitations commensurate with the experience of the
applicant, with respect to class or type of vessel, tonnage, route, and
waters.
(d) A license or MMC endorsement issued for service as a master,
mate, or operator of uninspected towing vessels authorizes service as a
pilot under the provisions of Sec. 15.812 of this subchapter.
Therefore, first-class pilot endorsements will not be issued with
tonnage limitations of 1,600 gross tons or less.
199. In newly redesignated Sec. 11.703--
a. Revise paragraphs (a) introductory text and (c) to read as set
out below; and
b. In paragraph (d), after the words ``holding a license'', add the
words ``or MMC endorsement'':
Sec. 11.703 Service requirements.
(a) The minimum service required to qualify an applicant for an
endorsement as first-class pilot is predicated upon the nature of the
waters for which pilotage is desired.
* * * * *
(c) Completion of a course of pilot training approved by the
National Maritime Center under subpart C of this part may be
substituted for a portion of the service requirements of this section
in accordance with Sec. 11.304. Additionally, round trips made during
this training may apply toward the route familiarization requirements
of Sec. 11.705. An individual using substituted service must have at
least nine months of shipboard service.
* * * * *
200. In newly redesignated Sec. 11.705, revise paragraphs (b) and
(c) to read as follows:
Sec. 11.705 Route familiarization requirements.
* * * * *
(b) An applicant holding no other deck officer endorsement seeking
an endorsement as first-class pilot shall furnish evidence of having
completed a minimum number of round trips, while serving as
quartermaster, wheelsman, able seaman, apprentice pilot, or in an
equivalent capacity, standing regular watches at the wheel or in the
pilot house as part of routine duties, over the route sought. Evidence
of having completed a minimum number of round trips while serving as an
observer, properly certified by the master and/or pilot of the vessel,
is also acceptable. The range of round trips for an endorsement is a
minimum of 12 round trips and a maximum of 20 round trips. An applicant
may have additional routes added to the first-class pilot endorsement
by meeting the requirements in paragraph (c) of this section.
(c) An applicant who currently holds a deck officer license or MMC
endorsement seeking an endorsement as first-class pilot for a
particular route shall furnish evidence of having completed the number
of round trips over the route, specified by the OCMI, within the range
limitations of this paragraph, for the particular grade of existing
license or MMC endorsement held. The range of round trips for an
endorsement is a minimum of eight round trips and a maximum of 15 round
trips.
* * * * *
201. Revise newly redesignated Sec. 11.707 to read as follows:
Sec. 11.707 Examination requirements.
(a) An applicant for an endorsement as first-class pilot, except as
noted in paragraph (b) of this section, is required to pass the
examination described in subpart I of this part.
(b) An applicant for an extension of route, or an applicant holding
a license or MMC endorsement as master or mate authorized to serve on
vessels of over 1,600 gross tons seeking an endorsement as first-class
pilot, is required to pass those portions of the examination described
in subpart I of this part that concern the specific route for which
endorsement is sought.
202. Revise newly redesignated Sec. 11.709, paragraphs (b), (c),
(d) and (e) to read as follows:
Sec. 11.709 Annual physical examination requirements.
* * * * *
(b) Every person holding a license or MMC endorsement as first-
class pilot shall have a thorough physical examination each year.
(c) Each annual physical examination must meet the requirements
specified in Sec. 10.215.
(d) An individual's first class pilot credential becomes invalid on
the first day of the month following the first anniversary of the
individual's most recent physical examination satisfactorily completed;
the individual may not operate under the authority of that credential
until a physical examination has been satisfactorily completed.
(e) A first class pilot must provide the Coast Guard with a copy of
his or her most recent physical examination.
Sec. 11.711 [Amended]
203. In newly redesignated Sec. 11.711--
[[Page 3682]]
a. In paragraphs (a) and (d), after the words ``first class
pilot'', remove the words ``license or''; and
b. In paragraph (b), after the words ``1,600 gross tons, the''
remove the words ``license or'' and, after the words ``contained in
Sec. '' remove the number ``10.705'' and add, in its place, the number
``11.705''.
Sec. 11.713 [Amended]
204. In newly redesignated Sec. 11.713--
a. In paragraphs (a) and (b), wherever the phrase ``license or
endorsement'' appears, insert the word ``MMC'' before the word
``endorsement''; and
b. In paragraph (b), after the words ``of the renewed'' remove the
words ``license or''.
Sec. 11.803 [Removed and Reserved]
205. Remove and reserve newly redesignated Sec. 11.803.
206. Revise newly redesignated Sec. 11.805 to read as follows:
Sec. 11.805 General requirements.
(a) The applicant for an endorsement as staff officer is not
required to take any examination; however, the applicant shall present
to the OCMI a letter justifying the need for the endorsement.
(b) [RESERVED]
(c) An applicant for a higher grade in the staff department shall
apply in the same manner as for an original endorsement and shall
surrender the previous Coast Guard-issued credentials upon issuance of
the new MMC. A staff officer may serve in a lower grade of service for
which he or she is registered.
(d) Title 46 U.S.C. 8302 addresses uniforms for staff officers who
are members of the Naval Reserve.
(e) A duplicate MMC may be issued by the OCMI. (See Sec. 10.229.)
(f) An MMC is valid for a term of five years from the date of
issuance. Procedures for renewing endorsements are found in Sec.
10.227.
(g) Each applicant for an original or a higher grade of
endorsement, as described by paragraph (c) of this section, shall
produce evidence of having passed a chemical test for dangerous drugs
or of qualifying for an exception from testing in Sec. 16.220 of this
subchapter. An applicant who fails a chemical test for dangerous drugs
will not be issued an MMC.
207. In newly redesignated Sec. 11.807--
a. In paragraph (a) introductory text, after the words ``The
applicant for'' remove the words ``a certificate of registry'' and add,
in their place, the words ``an endorsement'';
b. In paragraph (c), after the words ``an applicant for'' remove
the words ``a certificate of registry'' and add, in their place, the
words ``an endorsement'';
c. In paragraph (d), after the words ``an applicant for'' remove
the words ``a certificate of registry'' and add, in their place, the
words ``an endorsement'', and after the words ``may issue the'' remove
the words ``certificate of registry'' and add, in their place, the word
``MMC''; and
d. Add new paragraphs (a)(7) and (8) to read as follows:
Sec. 11.807 Experience requirements for registry.
(a) * * *
* * * * *
(7) Marine physician assistant. Successful completion of an
accredited course of instruction for a physician's assistant or nurse
practitioner program.
(8) Hospital corpsman. A rating of at least hospital corpsman or
health services technician, first class in the U.S. Navy, U.S. Coast
Guard, U.S. Marine Corps, or an equivalent rating in the U.S. Army (not
less than staff sergeant, Medical Department, U.S.A.), or in the U.S.
Air Force (not less than technical sergeant, Medical Department,
U.S.A.F.), and a period of satisfactory service of at least one month
in a military hospital or U.S. Public Health Service Hospital.
* * * * *
Sec. 11.809 [Removed and Reserved]
208. Remove and reserve newly redesignated Sec. 11.809.
Subpart I--[Amended]
209. In the heading for subpart I, remove the word ``License''.
210. In newly redesignated Sec. 11.901--
a. In paragraph (a), remove the word ``license'' and add, in its
place, the word ``endorsement'', and remove the words ``10.903(b)'' and
add, in its place, the words ``11.903(b)'';
b. Revise paragraph (b) to read as set out below; and
c. In paragraph (c) introductory text, after the words ``as
provided in Sec. Sec. '' remove the words ``10.202 and 10.209'' and
add, in their place, the words ``11.202 and 10.227''; and after the
words ``reference in'' remove the number ``10.102'' and add, in its
place, the number ``11.102'':
Sec. 11.901 General provisions
* * * * *
(b) If the endorsement is to be limited in a manner which would
render any of the subject matter unnecessary or inappropriate, the
examination may be amended accordingly by the OCMI. Limitations which
may affect the examination content are:
(1) MMCs endorsed for restricted routes for reduced service (master
or mate of vessels of not more than 200 gross tons, OUPV or master or
mate (pilot) of towing vessels); or
(2) Engineer endorsements with horsepower restrictions.
* * * * *
Sec. 11.903 [Amended]
211. In newly redesignated Sec. 11.903--
a. In the section heading, remove the word ``Licenses'' and add, in
its place, the word ``Endorsements'';
b. In paragraph (a) introductory text, remove the word ``licenses''
and add, in its place, the word ``endorsements'';
c. In paragraph (b) introductory text, remove the word ``licenses''
and add, in its place, the word ``endorsements'';
d. In paragraphs (b)(2) and (3), remove the word ``license'';
e. In paragraph (c) introductory text, remove the word ``licenses''
and add, in its place, the word ``endorsements''; remove the number
``10.102'' and add, in its place, the number ``11.102''; and remove the
words ``table 903-1'' and add, in their place, the words ``table
11.903(c)'';
f. In paragraph (d), remove the words ``After July 31, 1998, any''
and add, in their place, the word ``Any''; remove the words ``a
license'' and add, in their place, the words ``an endorsement''; remove
the words ``table 10.903-1'' and add in their place the words ``table
11.903(c)''; remove the number ``10.102'' and add, in its place, the
number ``11.102''; and remove the words ``10.910, or 10.950'' and add,
in their place, the words ``11.910, or 11.950''; and
g. Redesignate table 10.903-1 as table 11.903(c).
212. In newly redesignated Sec. 11.910--
a. Revise the section heading and introductory text as set out
below;
b. Redesignate table 10.910-1 as table 11.910-1 and revise the
heading and subheading to read as set out below; and
c. In table 10.910-2--
i. Redesignate table 10.910-2 as table 11.910-2;
ii. In the subheading for newly redesignated table 11.910-2, remove
the word ``License'' and add, in its place, the word ``Endorsement'';
iii. In the first column entitled ``Examination topics'', on line
182, remove the words ``Licensing & Certification'' and add, in their
place, the word ``Credentialing'';
iv. In footnotes 6 and 7, remove the word ``licenses'' wherever it
appears and add, in its place, the words ``officer endorsements''; and
v. In footnote 8, remove the word ``licenses'':
[[Page 3683]]
Sec. 11.910 Subjects for deck officer endorsements.
Table 11.910-1 gives the codes used in table 11.910-2 for all deck
officers. Table 11.910-2 indicates the examination subjects for each
endorsement, by code number. Figures in the body of the table, in place
of the letter ``x'', refer to notes.
Table 11.910-1 Codes for Deck Officer Endorsements
Deck Officer Endorsements:
* * * * *
213. In newly redesignated Sec. 11.920--
a. Revise the section heading and introductory text to read as set
out below;
b. Redesignate table 10.920-1 as table 11.920-1 and revise it to
read as set out below; and
c. Redesignate table 10.920-2 as table 11.920-2 and in the first
column entitled ``Examination topics'', under the entry for ``National
maritime law'', remove the words ``Licensing and certification'' and
add, in their place, the word ``Credentialing'':
Sec. 11.920 Subjects for MODU endorsements.
Table 11.920-1 gives the codes used in table 11.920-2 for MODU
endorsements. Table 11.920-2 indicates the examination subjects for
each endorsement by the code number.
Table 11.920-1 Codes for MODU Endorsements
* * * * *
214. In newly redesignated Sec. 11.950, revise the section heading
and redesignate table 10.950 as table 11.950 and revise the heading to
read as follows:
Sec. 11.950 Subjects for engineer endorsements.
Table 11.950 Subjects for Engineer Endorsements
* * * * *
215. Revise newly redesignated Sec. 11.1005 to read as follows:
Sec. 11.1005 General requirements for officers.
To serve on a Ro-Ro passenger ship after January 31, 1997, a person
endorsed as master, chief mate, mate, chief engineer, or engineer shall
meet the appropriate requirements of STCW Regulation V/2 and Section A-
V/2 of the STCW Code (incorporated by reference in Sec. 11.102) and
shall hold documentary evidence to show his or her meeting these
requirements.
216. Revise newly redesignated Sec. 11.1105 introductory text and
paragraph (a) to read as follows:
Sec. 11.1105 General requirements for officer's endorsements.
If you are a master, mate, chief mate, engineer, or chief engineer,
then, before you may serve on a passenger ship, you must--
(a) Meet the appropriate requirements of the STCW Regulation V/3
and of section A-V/3 of the STCW Code (incorporated by reference in
Sec. 11.102); and
* * * * *
PART 12--CERTIFICATION OF SEAMEN
217. Revise the title of part 12 to read as follows:
PART 12--REQUIREMENTS FOR RATING ENDORSEMENTS
218. The authority citation for part 12 is revised to read as
follows:
Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110, 7301,
7302, 7503, 7505, 7701, and 70105; Department of Homeland Security
Delegation No. 0170.1.
Sec. 12.01-1 [Amended]
219. In Sec. 12.01-1--
a. In paragraph (a)(2), after the words ``and to receive the'',
remove the words ``certificate or''; and
b. Remove paragraphs (a)(3) and (c).
220. Revise Sec. 12.01-3 to read as follows:
Sec. 12.01-3 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish a notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, it is available for inspection
at the Coast Guard, Office of Operating and Environmental Standards
(CG-3PSO), 2100 Second Street SW., Washington, DC 20593-0001, and is
available from the sources indicated in this section.
(b) International Maritime Organization (IMO), 4 Albert Embankment,
London, SE1 7SR, England.
(1) The International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended (the
STCW Convention or the STCW) , incorporation by reference approved for
Sec. Sec. 12.01-1, 12.02-7, 12.02-11, 12.03-1, 12.05-3, 12.05-7,
12.05-11, 12.10-3; 12.10-5, 12.10-7, 12.10-9, 12.15-3, 12.15-7, 12.25-
45, 12.30-5, and 12.35-5.
(2) The Seafarers' Training, Certification and Watchkeeping Code
(the STCW Code), incorporation by reference approved for Sec. Sec.
12.01-1, 12.02-7, 12.02-11, 12.03-1, 12.05-3, 12.05-7, 12.05-11, 12.10-
3, 12.10-5, 12.10-7, 12.10-9, 12.15-3, 12.15-7, 12.25-45, 12.30-5, and
12.35-5.
Sec. 12.01-6 [Removed and Reserved]
221. Remove and reserve Sec. 12.01-6.
Sec. 12.01-7 [Removed and Reserved]
222. Remove and reserve Sec. 12.01-7.
Sec. 12.01-11 [Removed and Reserved]
223. Remove and reserve Sec. 12.011.
Sec. 12.02-3 [Removed and Reserved]
224. Remove and reserve Sec. 12.02-3.
Sec. 12.02-4 [Removed and Reserved]
225. Remove and reserve Sec. 12.02-4.
Sec. 12.02-5 [Removed and Reserved]
226. Remove and reserve Sec. 12.02-5.
227. Revise Sec. 12.02-7, paragraphs (a) through (e) and (f)
introductory text to read as follows:
Sec. 12.02-7 When documents are required.
(a) Every seaman employed on any merchant vessel of the United
States of 100 gross tons or upward, except vessels employed exclusively
in trade on the navigable rivers of the United States, must carry a
valid merchant mariner credential (MMC) or merchant mariner's document
(MMD) with all appropriate endorsements for the position served and a
valid Transportation Worker Identification Credential (TWIC).
Provisions of this section are not applicable to unrigged vessels
except seagoing barges and certain tank barges.
(b) Every seaman, as referred to in paragraph (a) of this section,
shall produce a valid MMC or MMD with all applicable rating
endorsements for the position sought and a valid TWIC to the master of
the vessel at the time of his or her employment before signing articles
of agreement. Seamen who do not possess one of these credentials may be
employed at a foreign port or place.
(c) * * *
(1) Every person employed on any merchant vessel of the United
States of 100 gross tons and upward, except those navigating rivers
exclusively and the smaller inland lakes, below the grades of officer
and staff officer, must possess a valid MMC or MMD with all
[[Page 3684]]
appropriate endorsements for the positions served;
(2) No endorsements are required of any person below the rank of
officer employed on any unrigged vessel except seagoing barges and
certain tank barges.
(3) No endorsements are required of any person below the rank of
officer employed on any sail vessel of less than 500 net tons while not
carrying passengers for hire and while not operating outside the line
dividing inland waters from the high seas, as defined in section 2 of
the act of February 19, 1895, as amended (33 U.S.C. 151) and in 33 CFR
part 82.
(d) Each person serving as an able seaman or a rating forming part
of a navigational watch on a seagoing ship of 500 gross tonnage (200
GRT) or more shall hold an STCW endorsement certifying him or her as
qualified to perform the navigational function at the support level, in
accordance with STCW (incorporated by reference in Sec. 12.01-3).
(e) Each person serving as a qualified member of the engine
department (QMED) or a rating forming part of a watch in a manned
engine-room or designated to perform duties in a periodically unmanned
engine-room, on a seagoing ship driven by main propulsion machinery of
750 kW [1,000 hp] of propulsion power or more, shall hold an STCW
endorsement certifying him or her as qualified to perform the marine-
engineering function at the support level, in accordance with STCW.
(f) Notwithstanding any other rule in this part, no person subject
to this part serving on any of the following vessels needs hold an STCW
endorsement, either because he or she is exempt from application of the
STCW, or because the vessels are not subject to further obligation
under STCW, on account of their special operating conditions as small
vessels engaged in domestic voyages:
* * * * *
Sec. 12.02-9 [Removed and Reserved]
228. Remove and reserve Sec. 12.02-9.
Sec. 12.02-10 [Removed and Reserved]
229. Remove and reserve Sec. 12.02-10.
230. Revise Sec. 12.02-11 to read as follows:
Sec. 12.02-11 General provisions respecting rating endorsements.
(a) (1) An MMC with a deck officer endorsement will also be
endorsed for ``any rating in the deck department, except able seaman'',
and will authorize the holder to serve in any rating capacity in the
deck department, except able seaman. If a deck officer qualifies as
able seaman, the MMC will be endorsed, ``any rating in the deck
department, including able seaman'', and such endorsement will be
deemed to include an endorsement as lifeboatman.
(2) An MMC issued to an engineer officer endorsed for inspected
vessels of over 2,000 horsepower will be endorsed for ``any rating in
the engine department'', and will authorize the holder to serve in any
rating capacity in the engine department. If an engineer officer
qualifies as a lifeboatman, the further endorsement, ``lifeboatman''
will be placed on the MMC.
(b) The authorized holder of any valid rating endorsement may serve
in any capacity in the staff department of a vessel, except in those
capacities requiring a staff officer; except that whenever the service
includes the handling of food, no person may be so employed unless his
or her credential bears the food handler's endorsement ``(F.H.)''.
(c) A rating endorsement as able seaman or lifeboatman authorizes
service as lifeboatman.
(d) When a rating endorsement is issued, renewed, or endorsed, the
OCMI will determine whether the holder of the credential is required to
hold an STCW endorsement for service on a seagoing vessel, and then, if
the holder is qualified, the OCMI will issue the appropriate
endorsement. The OCMI will also issue an STCW endorsement at other
times, if circumstances so require and if the holder of the document is
qualified to hold the endorsement. The OCMI will issue an STCW
endorsement for the following ratings:
(1) A rating forming part of a navigational watch on a seagoing
ship of 500 GT or more if the holder of the credential is qualified
according to STCW Regulation II/4 of the STCW Code (incorporated by
reference, see Sec. 12.01-3) to perform the navigational function at
the support level.
(2) A rating forming part of a watch in a manned engineroom, or
designated to perform duties in a periodically unmanned engineroom, on
a seagoing ship driven by main propulsion machinery of 750 kW (1,000
hp) of propulsion power or more, if the holder is qualified in
according to STCW Regulation III/4 and Section A-III/4 of the STCW
Code, to perform the marine-engineering function at the support level.
(e) At the request of the holder of the document, the OCMI may add
an endorsement to indicate that a qualified holder has received basic-
safety training or instruction required under Chapter VI of STCW.
Sec. 12.02-12 [Removed and Reserved]
231. Remove and reserve Sec. 12.02-12.
Sec. 12.02-13 [Removed and Reserved]
232. Remove and reserve Sec. 12.02-13.
Sec. 12.02-14 [Removed and Reserved]
233. Remove and reserve Sec. 12.02-14.
Sec. 12.02-15 [Removed and Reserved]
234. Remove and reserve Sec. 12.02-15.
Sec. 12.02-17 [Amended]
235. In Sec. 12.02-17--
a. In the section heading, remove the words ``Preparation and
issuance of documents'' and add, in their place, the words
``Examination procedures and denial of rating endorsements'';
b. In paragraph (a), remove the words ``of a person for a merchant
mariner's document'' and add, in their place, the words ``for a rating
endorsement'';
c. Remove paragraphs (b), (c), (d), (e), and (h);
d. Redesignate paragraph (f) as paragraph (b); remove the words
``certificate of service or efficiency'' and add, in their place, the
words ``rating endorsement''; and after the words ``examined and
refused'', remove the words ``a certificate'' and add, in their place,
the words ``the endorsement''; and
e. Redesignate paragraph (g) as paragraph (c); remove the word
``certificate'' and add, in its place, the words ``rating
endorsement''.
Sec. Sec. 12.02-18 through 12.02-27 [Removed and Reserved]
236. Remove and reserve Sec. Sec. 12.02-18 through 12.02-27.
Sec. 12.03-1 [Amended]
237. In Sec. 12.03-1--
a. In paragraph (a) introductory text, after the words ``part 10 of
this'', remove the word ``chapter'' and add, in its place, the word
``subchapter''; remove the text ``Sec. 10.302'' and add, in its place,
the text ``Sec. 11.302''; after the words ``used to qualify'', add the
words ``an applicant''; after the words ``hold an STCW'', remove the
words ``certificate or'' and add, in their place, the words ``or
rating''; and remove the words ``for service on or after February 1,
2002,'';
b. In paragraph (a)(3)(iii), remove the words ``license,
endorsement,'' and add, in their place, the words ``Coast Guard
credential'';
c. In paragraph (a)(4), remove the words ``maritime license or
document'' and add, in their place, the words ``Coast Guard
credential'';
d. In paragraph (b), after the words ``training necessary for'',
remove the word ``licenses'' and add, in its place, the words ``both
officer''.
[[Page 3685]]
e. In paragraph (c) introductory text, before the words
``particular training does'', add the word ``the''; and
f. In paragraph (c)(2), remove the words ``Commanding Officer,'';
and after the words ``National Maritime Center'', add the text
``(NMC)''.
Sec. 12.05-1 [Amended]
238. In Sec. 12.05-1--
a. In paragraph (a), remove the words ``employed in a rating'' and
add, in their place, the words ``serving under the authority of a
rating endorsement''; and remove the words ``a merchant mariner's
document'' and add, in their place, the words ``an MMC or MMD
endorsement''; and
b. In paragraph (b), remove the word ``certificate'' and add, in
its place, the words ``MMD or MMC endorsed''.
Sec. 12.05-3 [Amended]
239. In Sec. 12.05-3--
a. In paragraph (a) introductory text, remove the word
``certification'' and add, in its place, the words ``an endorsement'';
b. In paragraph (a)(2), remove the word ``examination'' and add, in
its place, the words ``and medical examination in Sec. 10.215 of this
subchapter'';
c. In paragraph (b) introductory text, remove the words ``valid for
any period on or after February 1, 2002,''; and
d. In paragraph (c), remove the word ``certification'' and add, in
its place, the words ``an endorsement''.
Sec. 12.05-5 [Removed and Reserved]
240. Remove and reserve Sec. 12.05-5.
Sec. 12.05-7 [Amended]
241. In Sec. 12.05-7--
a. In paragraph (a) introductory text, after the words ``categories
of'' remove the words ``able seaman is as'' and add, in their place,
the words ``endorsement as able seaman are''; and,
b. Remove paragraphs (c), (d), and (e).
Sec. 12.05-9 [Amended]
242. In Sec. 12.05-9--
a. In paragraph (a) introductory text, remove the word
``certified'' and add, in its place, the words ``issued an
endorsement''; and
b. In paragraph (e), remove the words ``is in valid possession of a
certificate as able seaman endorsed'' and add, in their place, the
words ``holds a valid MMC or MMD endorsed as able seaman''; after the
words ``service to qualify for'', remove the words ``a certificate as
able seaman endorsed'' and add, in their place, the words ``an
endorsement as able seaman''; after the words ``issued a new'', remove
the word ``document'' and add, in its place, the word ``MMC''; after
the words ``for cancellation the'' remove the word ``document'' and
add, in its place, the word ``credential''; remove the words ``by a
medical officer of the Public Health Service''; and after the words
``determine his competency'', add the words ``as set forth in Sec.
10.215 of this chapter''.
Sec. 12.05-11 [Amended]
243. In Sec. 12.05-11--
a. In the section heading, remove the words ``merchant mariner's
document endorsed'' and add, in their place, the words
``endorsements'';
b. In paragraph (a), remove the words ``a merchant mariner's
document'' and add, in their place, the words ``an MMC or MMD''; remove
the word ``unlicensed''; and after the words ``when serving'', remove
the words ``in as a ``rating forming part of a navigational watch''''
and add, in their place, the words ``as a rating forming part of a
navigational watch (RFPNW)''; and
c. In paragraph (b), remove the words ``A merchant mariner's
document'' and add, in their place, the words ``An MMC or MMD''; remove
the words ``a certificate of efficiency'' and add, in their place, the
words ``an endorsement''; and remove the words ``without further
endorsement''.
Sec. 12.10-1 [Amended]
244. In Sec. 12.10-1--
a. In the section heading, remove the word ``Certification'' and
add, in its place, the word ``Credentials''; and
b. In the text, remove the words ``employed in a rating'' and add,
in their place, the words ``serving under the authority of a rating
endorsement''; remove the words ``certificated lifeboatmen shall
produce a certificate as lifeboatman or merchant mariner's document
endorsed as lifeboatman or able seaman to the shipping commissioner,''
and add, in their place, the words ``lifeboatmen must produce an MMC or
MMD endorsed as lifeboatman or able seaman to the''; and remove the
words ``certificate of efficiency'' and add, in their place, the word
``endorsement''.
Sec. 12.10-3 [Amended]
245. In Sec. 12.10-3--
a. In paragraph (a) introductory text, remove the word
``certification'' and add, in its place, the words ``an endorsement'';
b. In paragraph (a)(5), after the words ``National Maritime
Center,'', remove the word ``and'' and add, in its place, the word
``or'';
c. In paragraph (b), remove the word ``certification'' and add, in
its place, the words ``an endorsement''; and
d. In paragraph (c), remove the word ``certified'' and add, in its
place, the words ``eligible for an endorsement''.
Sec. 12.10-5 [Amended]
246. In Sec. 12.10-5--
a. In paragraph (a) introductory text, remove the word
``certified'' and add, in its place, the words ``issued an
endorsement''; and
b. In paragraph (d), remove the words ``After July 31, 1998, each''
and add, in their place, the word ``Each''; and remove the words
``certificate endorsed for'' and add, in their place, the words
``endorsement with an STCW endorsement for''.
Sec. 12.10-7 [Amended]
247. In Sec. 12.10-7--
a. In the section heading, after the words ``provisions
respecting'', remove the words ``merchant mariner's documents'' and
add, in their place, the words ``an MMC or MMD'' ; and
b. In the text, before the words ``endorsed as able seaman'',
remove the words ``A merchant mariner's document'' and add, in their
place, the words ``An MMC or MMD''; after the words ``equivalent of'',
remove the words ``a certificate as lifeboatman or of''; after the
words ``will be accepted'' remove the words ``as either of these
wherever either is'' and add, in their place, the words ``wherever a
lifeboatman is''; after the words ``that, when'', remove the words
``the holder documented as''; and remove the word ``certificated'' and
add, in its place, the word ``endorsed''.
248. In Sec. 12.10-9, revise the heading, paragraph (a), and
paragraph (b) introductory text to read as follows:
Sec. 12.10-9 Endorsement for proficiency in fast rescue boats.
(a) Each person engaged or employed as a lifeboatman proficient in
fast rescue boats must hold an appropriately endorsed MMC or MMD.
(b) To be eligible for an MMC endorsed for proficiency in fast
rescue boats, an applicant must:
* * * * *
Sec. 12.13-3 [Amended]
249. In Sec. 12.13-3 text, remove the words ``license or
document'' and add, in their place, the word ``MMC''.
Sec. 12.15-1 [Amended]
250. In Sec. 12.15-1--
a. In the section heading, remove the word ``Certification'' and
add, in its place, the word ``Credentials'';
b. In paragraph (a), remove the words ``employed in a rating'' and
add, in their place, the words ``serving under the authority of a
rating endorsement''; after
[[Page 3686]]
the words ``vessel requiring'', remove the word ``certificated''; and
after the words ``shall produce'', remove the words ``a certificate''
and add, in their place, the words ``an endorsement''; and c. In
paragraph (b), remove the word ``certificate'' and add, in its place,
the word ``endorsement''.
Sec. 12.15-3 [Amended]
251. In Sec. 12.15-3--
a. In paragraph (a), after the words ``any person below'', remove
the words ``the rating of licensed''; after the words ``who holds'',
remove the words ``a certificate of service as such'' and add, in their
place, the words ``an MMC or MMD endorsed as''; and after the words
``Coast Guard'', remove the words ``or predecessor authority'';
b. In paragraph (b), after the words ``considered a rating'',
remove the words ``not above that of'' and add, in their place, the
words ``equal to''; and after the words ``passer or wiper'', remove the
words ``, but equal thereto'';
c. In paragraph (c), remove the word ``certification'' and add, in
its place, the words ``an endorsement'';
d. In paragraph (d) introductory text, remove the words ``After
July 31, 1998, an'' and add, in their place, the word ``An''; and
remove the word ``certification'' and add, in its place, the word
``endorsement''; and
e. In paragraph (e), remove the words ``After July 31, 1998, an''
and add, in their place, the word ``An''; remove the words ``valid for
any period on or after February 1, 2002,''; and remove the word
``certification'' and add, in its place, the word ``endorsement''.
252. Revise Sec. 12.15-5 to read as follows:
Sec. 12.15-5 Physical and medical requirements.
The physical and medical requirements for an endorsement as QMED
are found in Sec. 10.215 of this chapter.
Sec. 12.15-7 [Amended]
253. In Sec. 12.15-7--
a. In paragraph (a), after the words ``applicant for'', remove the
words ``a certificate of service'' and add, in their place, the words
``an endorsement'';
b. In paragraph (b)(1), after the words ``graduate of a school ship
may'', remove the words ``be rated'' and add, in their place, the words
``qualify for a rating endorsement''; and
c. In paragraph (c), after the words ``qualified rating'', add the
words ``in the engineer department''.
Sec. 12.15-9 [Amended]
254. In Sec. 12.15-9--
a. In paragraph (a), remove the word ``certification'' and add, in
its place, the word ``endorsement''; and b.
In paragraphs (c) and (d), remove the word ``certification''
wherever it appears and add, in its place, the words ``an
endorsement''.
Sec. 12.15-11 [Amended]
255. In Sec. 12.15-11--
a. In the section heading, remove the words ``merchant mariner's
documents endorsed'' and add, in their place, the words ``an
endorsement''; and
b. In the introductory text, after the words ``The holder of '',
remove the words ``a merchant mariner's document endorsed'', and add,
in their place, the words ``an endorsement''; after the words ``Each
qualified member of the engine department rating'', remove the words
``for which a holder of a merchant mariner's document is qualified must
be endorsed separately'' and add, in their place, the words ``must be a
separate endorsement''; and after the words ``all ratings covered by'',
remove the words ``a certificate as a qualified member of the engine
department, the certification'' and add, in their place, the words ``an
endorsement as a QMED, the endorsement''.
Sec. 12.15-13 [Amended]
256. In Sec. 12.15-13--
a. In paragraph (a) introductory text, remove the words ``a
certificate'' and add, in their place, the words ``an endorsement'';
and remove the words ``a merchant mariner's document'' and add, in
their place, the words ``an MMC or MMD'';
b. In paragraph (b), remove the words ``merchant mariner's
document'' and add, in their place, the word ``MMC''; and
c. In paragraph (c), remove the words ``a merchant mariner's
document'' and add, in their place, the words ``an MMC or MMD''; remove
the word ``unlicensed''; and after the words ``entered on his'', remove
the word ``document'' and add, in its place, the words ``or her
credential''.
Sec. 12.15-15 [Amended]
257. In Sec. 12.15-15--
a. In paragraph (a) introductory text, remove the words ``a
certificate'' and add, in their place, the words ``an endorsement'';
remove the words ``a merchant mariner's document'' and add, in their
place, the words ``an MMC or MMD''; and remove the word
``certification'' and add, in its place, the word ``endorsement'';
b. In paragraph (b), remove the words ``current merchant mariner's
document held by the applicant'', and add, in their place, the words
``applicant's MMC''; and
c. In paragraph (c), remove the words ``a merchant mariner's
document'', and add, in their place, the words ``an MMC or MMD''; and
remove the word ``unlicensed''; and after the words ``entered on his'',
remove the word ``document'' and add, in its place, the words ``or her
credential''.
Sec. 12.25-1 [Amended]
258. In Sec. 12.25-1--
a. In the section heading, remove the word ``Certification'' and
add, in its place, the word ``Credentials''; and
b. In the text, remove the word ``certificated''; and remove the
words ``a merchant mariner's document'' and add, in their place, the
words ``an MMC or MMD with the appropriate endorsement''.
259. Revise Sec. 12.25-10 to read as follows:
Sec. 12.25-10 General requirements.
(a) Rating endorsements shall be issued without professional
examination to applicants in capacities other than able seaman,
lifeboatman, tankerman, or QMED. For example, ordinary seaman--wiper--
steward's department (F.H.). Holders of MMCs or MMDs endorsed as
ordinary seaman may serve in any unqualified rating in the deck
department. Holders of MMCs or MMDs endorsed as wiper may serve in any
unqualified rating in the engine department. MMCs or MMDs endorsed as
steward's department (F.H.) will authorize the holder's service in any
capacity in the steward's department. (See Sec. 12.02-11(b) for
unqualified ratings in the staff department.)
(b) When the holder of an endorsement is qualified as a food
handler, the steward's department endorsement will be followed by the
further endorsement (F.H.).
260. Revise Sec. 12.25-20 to read as follows:
Sec. 12.25-20 Physical and medical requirements.
The physical and medical requirements for this subpart are found in
part 10.
261. Revise Sec. 12.15-25 to read as follows:
Sec. 12.25-25 Members of Merchant Marine Cadet Corp.
No ratings other than cadet (deck) or cadet (engine), as
appropriate, and lifeboatman will be shown on an MMC issued to a member
of the U.S. Merchant Marine Cadet Corps. The MMC will also indicate
that it is valid only while the holder is a cadet in the U.S. Maritime
[[Page 3687]]
Administration training program. The MMC must be surrendered upon the
holder being endorsed in any other rating or upon being issued an
officer's endorsement and the rating of cadet (deck) or cadet (engine)
will be omitted.
Sec. 12.25-30 [Amended]
262. In Sec. 12.25-30 text, remove the words ``merchant mariner's
document'' and add, in their place, the words ``MMC endorsed''; and
remove the words ``documents or certificates'' and add, in their place,
the word ``endorsements''.
Sec. 12.25-35 [Amended]
263. In Sec. 12.25-35--
a. In paragraph (a), remove the words ``a merchant mariner's
document'' and add, in their place, the words ``an endorsement''; and
b. In paragraph (b), remove the words ``merchant mariner's document
with''.
Sec. 12.25-40 [Amended]
264. In Sec. 12.25-40, remove the words ``a merchant mariner's
document'' and add, in their place, the words ``an endorsement''.
Sec. 12.25-45 [Amended]
265. In Sec. 12.25-45, remove the words ``certificates or''.
Sec. 12.30-1 [Amended]
266. In Sec. 12.30-1, remove the words ``certification of'' and
add, in their place, the words ``endorsements for''.
Sec. 12.30-3 [Removed and Reserved]
267. Remove and reserve Sec. 12.30-3.
Sec. 12.30-5 [Amended]
268. In Sec. 12.30-5, remove the words ``after January 31,
1997,''; and remove the word ``MMD'' and add, in its place, the word
``endorsement''.
Sec. 12.35-1 [Amended]
269. In Sec. 12.35-1, remove the word ``certification'' and add,
in its place, the word ``qualification''; and remove the word ``Sec.
12.35-3'' and add, in its place, the words ``part 10''.
Sec. 12.35-3 [Removed and Reserved]
270. Remove and reserve Sec. 12.35-3.
Sec. 12.35-5 [Amended]
271. In Sec. 12.35-5--
a. In the introductory text, remove the words ``If you are an
unlicensed person, then, before you'' and add, in their place, the
words ``A mariner with no endorsements,''; and remove the words ``you
must'' and add, in their place, the words ``only after meeting the
following conditions''; and
b. In paragraph (b), remove the words ``you do meet'', and add, in
their place, the words ``the mariner meets''.
PART 13--CERTIFICATION OF TANKERMEN
272. The authority citation for part 13 continues to read as
follows:
Authority: 46 U.S.C. 3703, 7317, 8105, 8703, 9102; Department of
Homeland Security Delegation No. 0170.1.
Sec. 13.101 [Amended]
273. In Sec. 13.101, remove the words ``to a merchant mariner's
document'' and add, in their place, the words ``on a merchant mariner
credential''.
Sec. 13.103 [Removed and Reserved]
274. Remove and reserve Sec. 13.103.
275. Add new Sec. 13.106 to read as follows:
Sec. 13.106 Requirement to hold an MMC.
An applicant for any endorsement in this part must also meet the
requirements for the MMC on which the endorsement would appear. These
requirements are set out in part 10 of this chapter.
Sec. 13.107 [Amended]
276. In Sec. 13.107--
a. In paragraphs (a), (b), (c), (d), (e), and (f), remove the word
``MMD'' wherever it appears, and add, in its place, the word ``MMC'';
b. In paragraph (a), remove the words ``engineer's license'' and
add, in its place, the words ``engineer license or engineer
endorsement'';
c. In paragraph (d), place quotation marks (``'') before and after
the words ``Tankerman-Engineer''; after the words ``No person
licensed'', add the words ``or credentialed''; and remove the number
``10.105'', and add, in its place, the number ``11.105'';
d. In paragraph (e), remove the text ``13.103'' and add, in its
place, the text ``10.107''; and
e. In paragraph (f), remove the text ``10.105'', and add, in its
place, the text ``10.217''; and remove the word ``chapter'' and add, in
its place, the word ``title''.
Sec. 13.109 [Amended]
277. In Sec. 13.109(c), remove the text ``10.105'' and add, in its
place, the text ``10.217''; and remove the word ``MMD'' and add, in its
place, the word ``MMC''.
Sec. 13.111 [Amended]
278. In Sec. 13.111--
a. In the section heading, after the word ``Restricted'', add the
word ``tankerman'';
b. In paragraph (a), remove the words ``46 CFR 10.105'' and add, in
their place, the words ``Sec. 10.217 of this chapter'';
c. In paragraph (d)(3), after the words ``passing a physical'', add
the words ``and medical''; and remove the words ``in accordance with
Sec. 13.125'' and add, in their place, the words ``according to Sec.
10.215 of this chapter''; and
d. In paragraph (f), after the words ``Seafarers, 1978'', add the
words ``, as amended''.
Sec. 13.119 [Amended]
279. In Sec. 13.119 text, remove the word ``MMD'' and add, in its
place, the words ``merchant mariner's document or merchant mariner
credential on which the endorsement appears''.
Sec. 13.120 [Amended]
280. In Sec. 13.120, in the section heading, before the word
``endorsement'', add the word ``tankerman''; remove the number ``12.02-
27'' and add, in its place, the number ``10.227''; and remove the word
``MMD'' and add, in its place, the word ``MMC''.
Sec. 13.121 [Amended]
281. In Sec. 13.121--
a. In the section heading, remove the word ``training'' and after
the word ``tankerman'', add the word ``endorsements''; and
b. In paragraph (a), remove the text ``10.203 and 10.304'' and add,
in its place, the text ``11.302 and 11.304''.
Sec. 13.125 [Amended]
282. In Sec. 13.125--
a. In the section heading, after the word ``Physical'' add the
words ``and medical''.
b. In the text, remove the words ``10.205(d) of this chapter,
excluding paragraph (d)(2) of that section'' and add, in their place,
the words ``10.215 of this chapter''.
Sec. 13.129 [Amended]
283. In Sec. 13.129--
a. In the section heading, after the word ``tankerman'', add the
word ``endorsements''.
b. In table 13.129, in the column ``Physical required'', remove the
numbers ``13.125'', ``13.111(b)'', ``13.111(c)'', and ``13.111(d)(3)''
wherever they appear and add, in their place, the number ``10.215''.
Sec. 13.201 [Amended]
284. In paragraph (c), after the word ``physical'' add the words
``and medical''; and remove the words ``in accordance with Sec.
13.125'' and add, in their place, the words ``according to Sec. 10.215
of this chapter''.
[[Page 3688]]
Sec. 13.203 [Amended]
285. In Sec. 13.203--
a. In paragraph (a)(1), after the words ``service as a'', remove
the word ``licensed''; after the words ``deck officer or'', remove the
words ``a licensed''; and before the word ``engineering'', add the word
``an'';
b. In paragraph (a)(2), remove the word ``unlicensed'' and add, in
its place, the word ``rating''; and
c. In paragraph (c) introductory text, after the word ``MMD'', add
the words ``or MMC''.
Sec. 13.207 [Amended]
286. In Sec. 13.207 text, remove the words ``license or a
tankerman endorsement'' and add, in their place, the words ``license,
tankerman endorsement, or officer endorsement on an MMC''.
Sec. 13.301 [Amended]
287. In Sec. 13.301(c), after the word ``physical'' add the words
``and medical''; and remove the words ``in accordance with Sec.
13.125'' and add, in their place, the words ``according to Sec. 10.215
of this chapter''.
Sec. 13.303 [Amended]
288. In Sec. 13.303(c) introductory text, after the word ``MMD''
add the words ``or MMC''.
Sec. 13.307 [Amended]
289. In Sec. 13.307(a), remove the words ``license or a tankerman
endorsement'' and add, in their place, the words ``license, tankerman
endorsement on an MMD or MMC, or an officer endorsement on an MMC''.
Sec. 13.401 [Amended]
290. In Sec. 13.401(c), after the word ``physical'' add the words
``and medical''; and remove the words ``in accordance with Sec.
13.125'' and add, in their place, the number ``according to Sec.
10.215 of this chapter''.
Sec. 13.403 [Amended]
291. In Sec. 13.403(b) introductory text, after the word ``MMD''
add the words ``or MMC''.
Sec. 13.407 [Amended]
292. In Sec. 13.407, remove the words ``for a license or
endorsement'' and add, in their place, the words ``to the Coast Guard
for any other endorsement or credential''.
Sec. 13.501 [Amended]
293. In Sec. 13.501(c), after the word ``physical'' add the words
``and medical''; and remove the words ``in accordance with Sec.
13.125'' and add, in their place, the words ``according to Sec. 10.215
of this chapter''.
Sec. 13.503 [Amended]
294. In Sec. 13.503--
a. In paragraph (a)(1), remove the words ``a licensed'' and add, in
their place, the word ``an''; and after the words ``engineering
officer'', remove the word ``of'' and add, in its place, the word
``on'';
b. In paragraph (a)(2), remove the word ``unlicensed'' and add, in
its place, the word ``rating''; and
c. In paragraph (b), after the word ``MMD'', add the words ``or
MMC''.
Sec. 13.505 [Amended]
295. In Sec. 13.505(a)(2), remove the words ``licensed and
unlicensed'' and add, in their place, the words ``officer, rating, and
cadet''.
Sec. 13.507 [Amended]
296. In Sec. 13.507, remove the words ``license or tankerman
endorsement'' and add, in their place, the words ``license, tankerman
endorsement, or officer endorsement on an MMC''.
PART 14--SHIPMENT AND DISCHARGE OF MERCHANT MARINERS
297. The authority citation for part 14 is revised to read as
follows:
Authority: 5 U.S.C. 552; 46 U.S.C. Chapters 103 and 104; 46
U.S.C. 70105.
Sec. 14.205 [Amended]
298. In Sec. 14.205, after the words ``every document,
certificate,'' add the word `` credential,''.
Sec. 14.207 [Amended]
299. In Sec. 14.207(a)(1), after the words ``specify at least the
name, the'', remove the words ``number of the license or merchant
mariner's document'' and add the words ``TWIC number (if the mariner is
required by law to hold a TWIC) and license, MMD, or MMC number,''.
Sec. 14.307 [Amended]
300. In Sec. 14.307(a), remove the words ``and merchant mariner's
document number'' and add, in their place, the words ``TWIC number, and
MMD or MMC number''.
PART 15--MANNING REQUIREMENTS
301. The authority citation for part 15 is revised to read as
follows:
Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8104,
8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904,
8905(b), 8906, 9102, and 70105; and Department of Homeland Security
Delegation No. 0170.1.
Sec. 15.103 [Amended]
302. In Sec. 15.103--
a. In paragraph (b), remove the words ``of licensed individuals and
members of the crew'' and add, in their place, the words ``number of
officers and rated crew''; and after the words ``minimum qualifications
concerning licenses'', add the words ``and MMC endorsements'';
b. In paragraph (c), remove the words ``licensed individuals'' and
add, in their place, the word ``officers''; and
c. In paragraph (g), remove the words ``Licensed personnel'' and
add, in their place, the word ``Personnel''; after the words ``an
appropriate STCW'', remove the words ``certificate or endorsement'' and
add, in their place, the words ``endorsement on their license or MMC'';
and before the words ``endorsement will be expressly limited'', remove
the words ``certificate or''.
Subpart B [Removed and Reserved]
303. Remove and reserve subpart B, consisting of Sec. 15.301.
304. Revise Sec. 15.401 to read as follows:
Sec. 15.401 Employment and service within restrictions of credential.
A person may not employ or engage an individual, and an individual
may not serve, in a position in which an individual is required by law
or regulation to hold a license, certificate of registry, merchant
mariner's document, transportation worker identification credential,
and/or merchant mariner credential, unless the individual holds all
credentials required, as appropriate, authorizing service in the
capacity in which the individual is engaged or employed and the
individual serves within any restrictions placed on the credential. All
mariners holding an active license, certificate of registry, MMD, or
MMC issued by the Coast Guard must also hold a valid TWIC issued by the
Transportation Security Administration under 49 CFR part 1572.
Sec. 15.405 [Amended]
305. In Sec. 15.405, remove the words ``licensed, registered, or
certificated'' and add, in their place, the word ``credentialed''.
Sec. 15.410 [Amended]
306. In Sec. 15.410--
a. In the section heading, remove the word ``Licensed'' and add, in
its place, the word ``Credentialed''; and
b. In the text, remove the words ``a licensed individual
authorized'' and add, in their place, the words ``an individual holding
a license or MMC authorizing them''.
[[Page 3689]]
Sec. 15.415 [Removed and Reserved]
307. Remove and reserve Sec. 15.415.
Sec. 15.515 [Amended]
308. In Sec. 15.515(b) introductory text, remove the words
``issued by the Coast Guard'' and add, in their place, the words ``or
appropriate officer endorsement on their MMC''.
Sec. 15.520 [Amended]
309. In Sec. 15.520--
a. In paragraph (b), remove the words ``licensed individuals'' and
add, in their place, the word ``officers'';
b. In paragraph (c), after the words ``A license'', add the words
``or officer endorsement on an MMC''; and after the words ``operation
specified on the'', remove the word ``license'' and add, in its place,
the word ``credential'';
c. In paragraph (d), after the words ``endorsed as an OIM'', add
the words ``or an MMC with master and OIM officer endorsements'';
d. In paragraph (e), after the words ``who holds a license'', add
the words ``or MMC officer endorsement''; and after the words ``as
master endorsed as OIM'', add the words ``or an MMC with master and OIM
officer endorsements'';
e. In paragraph (f), after the words ``holds a license or'' add the
words ``MMC officer'';
f. In paragraph (g), after the words ``appropriate license'', add
the words ``or MMC officer endorsement''; and after the words ``holding
a license or'', add the words ``MMC officer''; and
g. In paragraphs (h), (i), and (l), after the words ``holding a
license or'' wherever they appear, add the words ``MMC officer''.
Sec. 15.605 [Amended]
310. In Sec. 15.605--
a. In the section heading, remove the word ``Licensed'' and add, in
its place, the word ``Credentialed'';
b. In the introductory text, remove the word ``licensed'' and add,
in its place, the word ``credentialed'';
c. In paragraph (a), remove the words ``, carrying not more than
six passengers,''; and after the words ``holding a license'', add the
words ``or MMC endorsed''; and after the words ``as operator'', add the
words ``of uninspected passenger vessels''; and
d. In paragraph (b), remove the word ``licensed'' and add, in its
place, the word ``credentialed''.
Sec. 15.610 [Amended]
311. In Sec. 15.610--
a. In paragraph (a), after the words ``and control of a person'',
remove the word ``licensed'' and add, in its place, the words ``holding
a license or MMC officer endorsement''; and after the words
``endorsement on his or her license'', add the words ``or MMC'';
b. Remove paragraphs (b) and (c);
c. Redesignate paragraph (d) as paragraph (b); and
d. In newly redesignated paragraph (b) introductory text, remove
the words ``who holds a first-class pilot's license or endorsement for
that route, or'' and add, in their place, the words ``meeting the
requirements of paragraph (a) of this section who holds either a first-
class pilot's endorsement for that route, MMC officer endorsement for
the Western Rivers, or meets the requirements of paragraph (a) and ``;
and remove the words ``paragraph (d)(1) or paragraph (d)(2)'' and add,
in their place, the words ``paragraphs (b)(1) or (b)(2)''.
Sec. 15.701 [Amended]
312. In Sec. 15.701(b), after the words ``must hold a license'',
add the words ``or MMC officer endorsement''; and remove the words
``part 10'' and add, in their place, the words ``parts 10 and 11''.
Sec. 15.705 [Amended]
313. In Sec. 15.705--
a. In paragraph (b), remove the words ``licensed individuals'' and
add, in their place, the word ``officers''; and after the words ``deck
department other than'', remove the word ``licensed'';
b. In paragraph (c) introductory text, remove the words ``licensed
individuals'' and add, in their place, the word ``officers''; and
c. In paragraphs (d) and (e)(1) and (2), remove the word
``licensed'' wherever it appears.
Sec. 15.710 [Amended]
314. In Sec. 15.710 introductory text, after the words ``on the
working hours of'', remove the words ``licensed individuals'' and add,
in their place, the words ``credentialed officers''; and after the
words ``master or other'', remove the words ``licensed individual'' and
add, in their place, the words ``credentialed officer''.
Sec. 15.720 [Amended]
315. In Sec. 15.720--
a. In the section heading, remove the words ``licensed and/or
documented'' and add, in their place, the word ``credentialed'';
b. In paragraph (a), remove the words ``utilize non-U.S. licensed
and documented personnel'' and add, in their place, the words ``use
non-U.S. credentialed personnel without a TWIC,'';
c. In paragraph (b) introductory text, after the words ``8103 (a)
and (b)'' add the following words ``and the TWIC requirement of 46
U.S.C. 70105''; and after the words ``U.S. citizen'', add the words
``holding a TWIC.''; and
d. In paragraph (d), remove the words ``license or document''
wherever they appear and add, in their place, the word ``credential''.
Sec. 15.725 [Amended]
316. In Sec. 15.725, remove the words ``licensed or documented''
and add, in their place, the word ``credentialed''.
Sec. 15.730 [Amended]
317. In Sec. 15.730(d), remove the words ``licensed individuals''
wherever they appear and add, in their place, the word ``officers'';
and after the words ``spoken directly by the'', remove the words
``licensed individual'' and add, in their place, the word ``officer''.
Sec. 15.805 [Amended]
318. In Sec. 15.805--
a. In paragraph (a) introductory text, after the words ``license
as'', add the words ``or a valid MMC with endorsement as master'';
b. In paragraph (a)(5) introductory text, remove the word
``licensed'' and add, in its place, the words ``holding a license or
MMC endorsed''; and
c. In paragraph (a)(5)(ii), remove the word ``endorsed'' and add,
in its place, the words ``or MMC with officer endorsement''.
Sec. 15.810 [Amended]
319. In Sec. 15.810--
a. In paragraph (a), remove the word ``licensed'';
b. In paragraph (b) introductory text, remove the word ``licensed
mates'' and add, in its place, the words ``mariners holding a license
or MMC officer endorsement as mate'';
c. In paragraph (b), remove the word ``licensed'' wherever it
appears;
d. In paragraph (c), after the words ``appropriate license'', add
the words ``or MMC'';
e. In paragraph (d) introductory text, remove the words ``hold a
license'' and add, in their place, the words ``satisfy the requirements
of Sec. 15.805(a)(5) or hold a license or MMC'';
f. In paragraph (d)(2) introductory text, after the words
``officer's license'', add the words ``or MMC''; and
g. In paragraph (d)(2)(ii), remove the word ``endorsed'' and add,
in its place, the words ``or MMC with officer endorsement''.
320. In Sec. 15.812--
a. In table 15.812(e)(1), in the heading to the second column,
after the words ``First Class Pilot's licenses'', add the words ``or
MMC officer endorsements'';
[[Page 3690]]
b. In table 15.812(e)(2), in the heading to the second column,
after the words ``First Class Pilot's licenses'', add the words ``or
MMC officer endorsements''; and remove the word ``Operator'' wherever
it appears and add, in its place, the words ``Master, Mate (Pilot) of
towing vessels'';
c. Revise paragraphs (b), (c), (f)(1) introductory text, (f)(1)(i),
and (f)(2) introductory text to read as follows:
Sec. 15.812 Pilots.
* * * * *
(b) The following individuals may serve as a pilot for a vessel
subject to paragraph (a) of this section, when underway on the
navigable waters of the United States that are designated areas:
(1) An individual holding a valid first class pilot's license or
MMC officer endorsement, operating within the restrictions of his or
her credential, may serve as pilot on any vessel to which this section
applies.
(2) An individual holding a valid license or MMC officer
endorsement as master or mate, employed aboard a vessel within the
restrictions of his or her credential, may serve as pilot on a vessel
of not more than 1,600 gross tons propelled by machinery, described in
paragraphs (a)(1) and (a)(3) of this section, provided he or she:
(i) Is at least 21 years old;
(ii) Complies with the currency of knowledge provisions of Sec.
11.713 of this chapter; and
(iii) Has completed a minimum of four round trips over the route to
be traversed while in the wheelhouse as watchstander or observer. At
least one of the round trips must be made during the hours of darkness
if the route is to be traversed during darkness.
(3) An individual holding a valid license or MMC officer
endorsement as master, mate, or operator employed aboard a vessel
within the restrictions of his or her credential, may serve as pilot on
a tank barge or tank barges totaling not more than 10,000 gross tons,
described in paragraphs (a)(1) and (a)(3) of this section, provided he
or she:
(i) Is at least 21 years old;
(ii) Complies with the currency of knowledge provisions of Sec.
11.713 of this chapter;
(iii) Has a current physical examination in accordance with the
provisions of Sec. 11.709 of this chapter;
(iv) Has at least six-months service in the deck department on
towing vessels engaged in towing operations; and
(v) Has completed a minimum of twelve round trips over the route to
be traversed, as an observer or under instruction in the wheelhouse. At
least three of the round trips must be made during the hours of
darkness if the route is to be traversed during darkness.
(c) An individual holding a valid license or MMC officer
endorsement as master, mate, or operator, employed aboard a vessel
within the restrictions of his or her credential, may serve as a pilot
for a vessel subject to paragraphs (a)(1) and (a)(2) of this section,
when underway on the navigable waters of the United States that are not
designated areas of pilotage waters, provided he or she:
(1) Is at least 21 years old;
(2) Complies with the currency of knowledge provisions of Sec.
11.713 of this chapter; and
(3) Has a current physical examination in accordance with the
provisions of Sec. 11.709 of this chapter.
* * * * *
(f) * * *
(1) When operating from 60[deg]49' north latitude to the Port of
Valdez be under the direction and control of an individual holding a
valid license or MMC endorsed as pilot who:
(i) Is operating under the authority of a license or MMC;
* * * * *
(2) Navigate with either two credentialed deck officers on the
bridge or an individual holding a valid license or MMC endorsed as
pilot when operating south of 60[deg]49' north latitude and in the
approaches through Hinchinbrook Entrance and in the area bounded:
* * * * *
321. In Sec. 15.815--
a. In paragraph (a), remove the words ``licensed deck individuals''
and add, in their place, the words ``deck officers''; and
b. In paragraph (c), remove the words ``be licensed'' and add, in
their place, the words ``hold a license or MMC officer endorsement'';
and after the words ``service as master'', remove the words ``, mate,
or operator'' and add, in their place, the words ``or mate''.
c. Add new paragraphs (d) and (e) to read as follows:
Sec. 15.815 Radar observers.
* * * * *
(d) Each person who is required to hold a radar endorsement must
have their certificate of training readily available to demonstrate
that the endorsement is still valid.
(e) For this section, readily available means that the
documentation must be provided to the Coast Guard or other appropriate
federal agency, within 48 hours. The documentation may be provided by
the individual or his or her company representative electronically, by
facsimile, or physical copy.
Sec. 15.820 [Amended]
322. In Sec. 15.820--
a. In paragraph (a) introductory text, remove the words
``appropriate license'' and add, in their place, the words ``MMC or
license endorsed''; and after the words ``as chief engineer or'',
remove the words ``a license'' and add, in their place, the words
``other credential'';
b. In paragraph (a)(3), remove the words ``a licensed individual''
and add, in their place, the words ``an individual with a license or
the appropriate MMC officer endorsement''; and
c. In paragraph (b), remove the words ``appropriate license'' and
add, in their place, the words ``appropriately endorsed license or
MMC''.
Sec. 15.825 [Amended]
323. In Sec. 15.825--
a. In paragraph (a), remove the words ``appropriate license'' and
add, in their place, the words ``appropriately endorsed license or
MMC''; and
b. In paragraph (b), remove the word ``licensed'' and add, in its
place, the word ``credentialed''.
Sec. 15.835 [Amended]
324. In Sec. 15.835 text, remove the number ``10'' and add, in its
place, the number ``11''.
Sec. 15.840 [Amended]
325. In Sec. 15.840(a), remove the words ``licensed individuals''
and add, in their place, the words ``individuals serving as officers''.
Sec. 15.860 [Amended]
326. In Sec. 15.860--
a. In paragraph (a), after the words ``merchant mariner's
documents'' add the words ``or MMCs'';
b. In paragraph (f) introductory text, after the words ``merchant
mariner's documents'', add the words ``or MMCs'';
c. In paragraph (f)(3), remove the words ``licensed person'' and
add, in their place, the words ``credentialed officer'';
d. In paragraph (f)(4), remove the words ``licensed or unlicensed
person'' and add, in their place, the words ``officer or crewmember'';
and
e. In table 15.860(a)(2), in the first column, sixth row, remove
the words ``Licensed Person'' and add, in their place, the words
``Credentialed Officer''; and in the first column, seventh row, remove
the words ``Licensed or Unlicensed Person'' and add, in their place,
the words ``Credentialed Officer or Crewmember''.
Sec. 15.901 [Amended]
327. In Sec. 15.901, paragraphs (a), (b), (c), and (d), after the
words ``holding a
[[Page 3691]]
license'' wherever they appear, add the words ``or MMC endorsed'';
after the words ``on the individual's license'' wherever they appear,
add the words ``or MMC''; and remove the words ``authorizing service''
wherever they appear.
Sec. 15.905 [Amended]
328. In Sec. 15.905 (a), (b), and (c), after the words ``holding a
license'' wherever they appear, add the words ``or MMC endorsed''; and
after the words ``on the individual's license'' wherever they appear,
add the words ``or MMC''.
329. Revise Sec. 15.910 to read as follows:
Sec. 15.910 Towing vessels.
No person may serve as a master or mate (pilot) of any towing
vessel without meeting the requirements of Sec. Sec. 15.805(a)(5) or
15.810(d).
Sec. 15.915 [Amended]
330. In Sec. 15.915--
a. In the introductory text, after the words ``following
licenses'', add the words ``and MMC officer endorsements''; and after
the words ``on the license'', add the words ``or MMC''; and
b. In paragraphs (a) introductory text, (b), (c), and (d), after
the word ``license'' wherever it appears, add the words ``or
endorsement''.
Sec. 15.1001 [Amended]
331. In Sec. 15.1001 remove the words ``an appropriately endorsed
Federal first class pilot's license issued by the Coast Guard'' and
add, in their place, the words ``a valid MMC or license with
appropriate endorsement as a first-class pilot''.
Sec. 15.1103 [Amended]
332. In Sec. 15.1103--
a. In the section heading, remove the words ``restrictions of a
license, document, and'' and add, in their place, the words ``the
restrictions of an'';
b. In paragraph (c), remove the words ``After January 31, 2002,
on'' and add, in their place, the word ``On'';
c. In paragraph (d), remove the words ``Sec. 10.1005 (if licensed)
or Sec. 12.30-5 (if unlicensed) of this chapter'' and add, in their
place, the words ``Sec. Sec. 11.1005 or 12.30-5 of this chapter, as
appropriate,'';
d. In paragraph (e) introductory text, remove the words ``Sec.
10.1105 (if licensed) or Sec. 12.35-5 (if unlicensed) of this
chapter'' and add, in their place, the words ``Sec. Sec. 11.1005 or
12.35-5 of this chapter, as appropriate,'';
e. In paragraph (f), remove the words ``After January 31, 2002,
on'' and add, in their place, the word ``On''; and after the words
``appropriate certificate'', add the words ``or endorsement''; and
f. In paragraph (h), remove the words ``After January 31, 2002,
on'' and add, in their place, the word ``On''; and remove the words
``in accordance with Sec. 10.205 or Sec. 10.209'' and add, in their
place, the words ``according to Sec. Sec. 11.205 or 11.209''.
Sec. 15.1105 [Amended]
333. In Sec. 15.1105(a) introductory text, (b), and (c)
introductory text, remove the words ``After January 31, 1997, on''
wherever they appear and add, in their place, the word ``On''.
Sec. 15.1107 [Amended]
335. In Sec. 15.1107--
a. In the introductory text, after the words ``mariner holding a
license'', add the words ``, MMC,''; and
b. In paragraph (c), remove the words ``licenses, documents, or
endorsements'' and add, in their place, the word ``credentials''.
Sec. 15.1111 [Amended]
334. In Sec. 15.1111, paragraph (a), remove the words ``After
January 31, 1997, each'' and add, in their place, the word ``Each''.
PART 16--CHEMICAL TESTING
335. The authority citation for part 16 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 7101, 7301, and 7701;
Department of Homeland Security Delegation No. 0170.1.
336. In Sec. 16.105, add, in alphabetical order, a definition for
``credential'' and in the definition for ``crewmember'', redesignate
paragraphs (a), (b), (b)(1), (b)(2), (b)(3), and (b)(4) as paragraphs
(1), (2), (2)(i), (2)(ii), (2)(iii), and (2)(iv) respectively and
revise the introductory text and newly redesignated paragraphs (1) and
(2) introductory text to read as follows:
Sec. 16.105 Definitions of terms used in this part.
* * * * *
Credential is a term used to refer to any or all of the following:
(1) Merchant mariner's document.
(2) Merchant mariner's license.
(3) STCW endorsement.
(4) Certificate of registry.
(5) Merchant mariner credential.
Crewmember means an individual who is--
(1) Onboard a vessel acting under the authority of a credential
issued under this subchapter, whether or not the individual is a member
of the vessel's crew; or
(2) Engaged or employed onboard a vessel owned in the United States
that is required by law or regulation to engage, employ, or be operated
by an individual holding a credential issued under this subchapter,
except for the following:
* * * * *
Sec. 16.113 [Amended]
337. In Sec. 16.113(a), remove the words ``documented and
licensed'' and add, in their place, the word ``credentialed''.
Sec. 16.201 [Amended]
338. In Sec. 16.201--
a. In paragraph (c), after the words ``If an individual holding'',
remove the words ``a license, certificate of registry, or merchant
mariner's document'' and add, in their place, the words ``a
credential''; and, after the words ``against his or her'', remove the
words ``license, certificate of registry, or merchant mariner's
document'' and add, in their place, the word ``credential''; and
b. In paragraph (d), remove the words ``a license, certificate of
registry, or merchant mariner's document'' and add, in their place, the
words ``a credential''.
339. Revise Sec. 16.220(a) and (b) to read as follows:
Sec. 16.220 Periodic testing requirements.
(a) Except as provided by paragraph (c) of this section and Sec.
10.227(e) of this chapter, an applicant must pass a chemical test for
dangerous drugs for--
(1) An original issuance of a license, COR, MMD, or MMC;
(2) The first issuance, raise of grade, or renewal of an officer
endorsement on a merchant mariner credential;
(3) A raise of grade of a license or COR;
(4) The first endorsement as an able seaman, lifeboatman, qualified
member of the engine department, or tankerman; or
(5) A reissuance of a credential with a new expiration date. The
applicant must provide the results of the test to the Coast Guard
Regional Examination Center (REC) at the time of submitting an
application. The test results must be completed and dated not more than
185 days before submission of the application.
(b) Unless excepted under paragraph (c) of this section, each pilot
required by this subchapter to receive an annual physical examination
must pass a chemical test for dangerous drugs as a part of that
examination, and provide the results to the Coast Guard. Applicants
need not submit additional copies of their annual chemical test for
dangerous drugs pursuant to paragraph (a) if the applicant submitted
passing results of a chemical test for dangerous
[[Page 3692]]
drugs to the Coast Guard within 12 months of the date of application.
* * * * *
Sec. 16.230 [Amended]
340. In Sec. 16.230--
a. In paragraph (b)(1), remove the words ``issued by the Coast
Guard hold a license'' and add, in their place the words ``hold a
license or MMC endorsed as master, mate, or operator''; and
b. In paragraph (k), remove the words ``license or merchant
mariner's document'' and add, in their place, the word ``credential''.
Sec. 16.250 [Amended]
341. In Sec. 16.250, in paragraph (a), remove the words ``license,
certificate of registry, or merchant mariner's document'' and add, in
their place, the word ``credential''.
PART 26--OPERATIONS
342. The authority citation for part 26 continues to read as
follows:
Authority: 46 U.S.C. 3306, 4104, 6101, 8105; Pub. L. 103-206,
107 Stat. 2439; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277;
Department of Homeland Security Delegation No. 0170.1.
Subpart 26.20--[Amended]
343. In the heading to subpart 26.20, remove the word ``License''
and add, in its place, the word ``Credential''.
Sec. 26.20-1 [Amended]
344. In Sec. 26.20-1, after the words ``valid Coast Guard
license'' add the words ``or MMC officer endorsement''; and after the
words ``must have the license'' add the words ``or MMC''.
PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS
345. The authority citation for part 28 continues to read as
follows:
Authority: 46 U.S.C. 3316, 4502, 4505, 4506, 6104, 10603;
Department of Homeland Security Delegation No. 0170.1.
Sec. 28.275 [Amended]
346. In Sec. 28.275--
a. In paragraph (a)(2) introductory text, remove the words
``merchant mariner's license'' and add, in their place, the words
``license or officer endorsement''; and remove the words ``64 CFR'' and
add, in their place, the text ``Sec. ''; and
b. In paragraph (a)(3) introductory text, remove the words
``merchant mariner's license'' and add, in their place, the words
``license or officer endorsement''; and remove the words ``46 CFR'' and
add, in their place, the text ``Sec. ''.
PART 30--GENERAL PROVISIONS
347. The authority citation for part 30 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 3703; Pub. L. 103-206, 107
Stat. 2439; 49 U.S.C. 5103, 5106; Department of Homeland Security
Delegation No. 0170.1; Section 30.01-2 also issued under the
authority of 44 U.S.C. 3507; Section 30.01-05 also issued under the
authority of Sec. 4109, Pub. L. 101-380, 104 Stat. 515.
Sec. 30.10-71 [Amended]
348. In Sec. 30.10-71 introductory text, remove the words
``merchant mariners' documents'' and add, in their place, the word
``endorsements''.
PART 31--INSPECTION AND CERTIFICATION
349. The authority citation for part 31 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307,
3703; 46 U.S.C. Chapter 701; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; Department of Homeland Security Delegation No.
0170.1. Section 31.10-21 also issued under the authority of Sect.
4109, Pub. L. 101-380, 104 Stat. 515.
Sec. 31.15-1 [Amended]
350. In Sec. 31.15-1, in the section heading, remove the words
``Licensed officers'' and add, in their place, the word ``Officers''.
PART 35--OPERATIONS
351. The authority citation for part 35 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department
of Homeland Security Delegation No. 0170.1.
Sec. 35.05-1 [Amended]
352. In Sec. 35.05-1--
a. In the section heading, remove the words ``Licensed officers''
and add, in their place, the word ``Officers''; and
b. In the text, remove the words ``licensed'' and ``certificated''
wherever they appear.
PART 42--DOMESTIC AND FOREIGN VOYAGES BY SEA
353. The authority citation for part 42 continues to read as
follows:
Authority: 46 U.S.C. 5101-5116; Department of Homeland Security
Delegation No. 0170.1; section 42.01-5 also issued under the
authority of 44 U.S.C. 3507.
354. Add new Sec. 42.05-70 to read as follows:
Sec. 42.05-70 Credential.
As used in this subchapter, credential means any or all of the
following:
(a) Merchant mariner's document.
(b) Merchant mariner's license.
(c) STCW endorsement.
(d) Certificate of registry.
(e) Merchant mariner credential.
Sec. 42.07-50--[Amended]
355. In Sec. 42.07-50(b)(5), remove the words ``license or
merchant mariner's document'' and add, in their place, the word
``credential''.
PART 58--MAIN AND AUXILIARY MACHINERY AND RELATED SYSTEMS
356. The authority citation for part 58 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security
Delegation No. 0170.1.
Sec. 58.16-19--[Amended]
357. In Sec. 58.16-19(b), remove the word ``licensed'' and add, in
its place, the word ``credentialed''.
PART 61--PERIODIC TESTS AND INSPECTIONS
358. The authority citation for part 61 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306, 3307, 3703;
E.O. 12234, 45 FR 58801, 3 CFR 1980 Comp., p. 277; Department of
Homeland Security Delegation No. 0170.1.
Sec. 61.15-10 [Amended]
359. In Sec. 61.15-10(a), remove the words ``a licensed'' and add,
in their place, the words ``an appropriately credentialed''.
PART 78--OPERATIONS
360. The authority citation for part 78 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department
of Homeland Security Delegation No. 0170.1.
Subpart 78.65--[Amended]
361. In the heading to subpart 78.65, remove the word ``License''
and add, in its place, the words ``Merchant Mariner Credential'';
362. Revise Sec. 78.65-1 to read as follows:
Sec. 78.65-1 Officers.
All officers on a vessel must have their merchant mariner
credentials conspicuously displayed.
[[Page 3693]]
PART 97--OPERATIONS
363. The authority citation for part 97 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757; 3 CFR, 1991 Comp., p. 351; Department
of Homeland Security Delegation No. 0170.1.
Subpart 97.53--[Amended]
364. In the heading to subpart 97.53, remove the word ``License''
and add, in its place, the words ``Merchant Mariner Credential'';
365. Revise Sec. 97.53-1 to read as follows:
Sec. 97.53-1 Officers.
All officers on a vessel must have their merchant mariner
credentials conspicuously displayed.
PART 98--SPECIAL CONSTRUCTION, ARRANGEMENT, AND OTHER PROVISIONS
FOR CERTAIN DANGEROUS CARGOES IN BULK
366. The authority citation for part 98 continues to read as
follows:
Authority: 33 U.S.C. 1903; 46 U.S.C. 3306, 3307, 3703; 49 U.S.C.
App. 1804; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277;
Department of Homeland Security Delegation No. 0170.1.
Sec. 98.30-17 [Amended]
367. In Sec. 98.30-17--
a. In paragraph (b)(1), before the words ``merchant mariner's
document'', add the words ``endorsement on his or her merchant mariner
credential or''; and
b. In paragraph (b)(2), remove the words ``license or certificate''
and add, in their place, the words ``merchant mariner credential,
license, or certificate''; and remove the words ``on his or her MMD''.
PART 105--COMMERCIAL FISHING VESSELS DISPENSING PETROLEUM PRODUCTS
368. The authority citation for part 105 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 4502; 49
U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp.,
p. 793; Department of Homeland Security Delegation No. 0170.1.
Sec. 105.05-10 [Amended]
369. In Sec. 105.05-10(c)(2), remove the word ``licensed''.
Sec. 105.45-1 [Amended]
370. In Sec. 105.45-1--
a. In paragraph (a)(1), remove the word ``documents'' and add, in
its place, the words ``merchant mariner credentials or merchant
mariner's documents'';
b. In paragraph (b)(1), before the words ``merchant mariner's
document'', add the words ``merchant mariner credential or''; and
c. In paragraph (b)(2), after the word ``license'', add the words
``or merchant mariner credential''.
PART 114--GENERAL PROVISIONS
371. The authority citation for part 114 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 3703; Pub. L. 103-206, 107
Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland Security No.
0170.1; Sec. 114.900 also issued under 44 U.S.C. 3507.
Sec. 114.400 [Amended]
372. In Sec. 114.400(b), in the definition for ``Master'', after
the word ``license'', add the words ``or merchant mariner credential''.
PART 115--INSPECTION AND CERTIFICATION
373. The authority citation for part 115 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307;
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975
Comp., p. 743; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277;
Department of Homeland Security Delegation No. 0170.1.
Sec. 115.113 [Amended]
374. In Sec. 115.113(b)(1)(iii), remove the word ``licensed'' and
add, in its place, the word ``credentialed''.
PART 122--OPERATIONS
375. The authority citation for part 122 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; Department of Homeland Security
Delegation No. 0170.1.
Sec. 122.402 [Amended]
376. In Sec. 122.402--
a. In the section heading, remove the word ``Licenses'' and add, in
its place, the word ``Officers''; and
b. In the text, remove the words ``licensed individual'' and add,
in their place, the word ``officer''; and remove the words ``shall have
his or her ``license'' and add, in their place, the words ``must have
his or her license or merchant mariner credential''.
Sec. 122.910 [Amended]
377. In Sec. 122.910, after the words ``An individual holding a''
add the words ``merchant mariner credential,''; and after the words
``suspension or revocation of a'' remove the words ``license,
certificate, or document'' and add, in their place, the word
``credential''.
PART 125--GENERAL
378. The authority for part 125 continues to read as follows:
Authority: 46 U.S.C. 2103, 3306, 3307; 49 U.S.C. App. 1804;
Department of Homeland Security Delegation No. 0170.1.
379. In Sec. 125.160 add, in alphabetical order, a definition for
the term ``credential'' to read as follows:
Sec. 125.160 Definitions.
* * * * *
Credential means any or all of the following:
(1) Merchant mariner's document.
(2) Merchant mariner's license.
(3) STCW endorsement.
(4) Certificate of registry.
(5) Merchant mariner credential.
* * * * *
PART 131--OPERATIONS
380. The authority citation for part 131 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101, 10104; E.O.
12234, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 3 CFR, 1991 Comp., p.
351; Department of Homeland Security Delegation No. 0170.1.
Sec. 131.410 [Amended]
381. In Sec. 131.410, before the words ``merchant mariner's
document'' wherever they appear, add the words ``merchant mariner
credential or''.
Sec. 131.905 [Amended]
382. In Sec. 131.905(b), after the words ``the suspension or
revocation of'' add the words ``credentials''.
383. Revise Sec. 131.955 to read as follows:--
Sec. 131.955 Display of merchant mariner credential.
Each officer on a vessel must conspicuously display his or her
license or merchant mariner credential as required by 46 U.S.C. 7110.
PART 151--BARGES CARRYING BULK LIQUID HAZARDOUS MATERIAL CARGOES
384. The authority citation for part 151 continues to read as
follows:
Authority: 33 U.S.C. 1903; 46 U.S.C. 3703; Department of
Homeland Security Delegation No. 0170.1.
Sec. 151.03-53 [Amended]
385. In Sec. 151.03-53 introductory text, before the words
``merchant mariner's documents'', add the words ``merchant mariner
credentials or''.
[[Page 3694]]
PART 166--DESIGNATION AND APPROVAL OF NAUTICAL SCHOOL SHIPS
386. The authority citation for part 166 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 8105; 46 U.S.C. App. 1295g;
Department of Homeland Security Delegation No. 0170.1.
Sec. 166.01 [Amended]
387. In Sec. 166.01(a), before the words ``or merchant mariner's
documents'' add the words ``on merchant mariner credentials''.
PART 169--SAILING SCHOOL VESSELS
388. The authority citation for part 169 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; Pub. L. 103-
206, 107 Stat. 2439; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975
Comp., p. 793; Department of Homeland Security Delegation No.
0170.1; Sec. 169.117 also issued under the authority of 44 U.S.C.
3507.
Sec. 169.107 [Amended]
389. In Sec. 169.107, in the definition for ``Master'', remove the
word ``licensed'' and add, in its place, the word ``credentialed''.
Sec. 169.805 [Amended]
390. In Sec. 169.805--
a. In the section heading, remove the word ``licenses'' and add, in
its place, the words ``merchant mariner credentials''; and
b. In the text, remove the words ``Licensed personnel'' and add, in
their place, the word ``Officers''; and remove the words ``shall have
their licenses'' and add, in their place, the words ``must have their
license or merchant mariner credential''.
PART 175--GENERAL PROVISIONS
391. The authority citation for part 175 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3205, 3306, 3703; Pub. L. 103-206,
107 Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland Security
Delegation No. 0170.1; 175.900 also issued under authority of 44
U.S.C. 3507.
Sec. 175.118 [Amended]
392. In Sec. 175.118(c)(3), after the words ``All officers must
be'', remove the word ``licensed'' and add, in its place, the word
``endorsed''; remove the words ``licensed engineer'' and add, in their
place, the words ``an appropriately endorsed engineer officer''; before
the words ``merchant mariner documents'', add the words ``merchant
mariner credentials or''; and remove the words ``unlicensed deck crew
must be rated as'' and add, in their place, the words ``rated deck crew
must be''.
Sec. 175.400 [Amended]
393. In Sec. 175.400, in the definition for ``Master'', remove the
word ``license'' and add, in its place, the words ``merchant mariner
credential''.
PART 176--INSPECTION AND CERTIFICATION
394. The authority citation is revised to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307;
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975
Comp., p. 743; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277;
Department of Homeland Security Delegation No. 0170.1.
Sec. 176.113 [Amended]
395. In Sec. 176.113(b)(1)(iii), remove the word ``licensed''.
PART 185--OPERATIONS
396. The authority citation continues to read as follows:
Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; Department of Homeland Security
Delegation No. 0170.1.
397. Revise Sec. 185.402 to read as follows:
Sec. 185.402 Officers.
Each officer employed on any vessel subject to this subchapter must
have his or her license or merchant mariner credential onboard and
available for examination at all times when the vessel is operating.
Sec. 185.910 [Amended]
398. In Sec. 185.910, after the words ``individual holding a'',
add the words ``merchant mariner credential,''; and after the words
``suspension or revocation of a'', add the words ``merchant mariner
credential''.
PART 196--OPERATIONS
399. The authority citation for part 196 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2213, 3306, 5115, 6101;
E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security
Delegation No. 0170.1.
Subpart 196.53--[Amended]
400. In the heading to subpart 196.53, remove the word ``License''
and add, in its place, the word ``Credential''.
401. Revise Sec. 196.53-1 to read as follows:
Sec. 196.53-1 Officers.
All officers on a vessel must have their licenses or merchant
mariner credentials conspicuously displayed.
PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS
402. The authority citation for part 199 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703; Pub. L. 103-206, 107 Stat.
2439; Department of Homeland Security Delegation No. 0170.1.
Sec. 199.30 [Amended]
403. In Sec. 199.30, in the definition for ``Certificated
person'', after the words ``merchant mariner's document'', add the
words ``or merchant mariner credential''.
PART 401--GREAT LAKES PILOTAGE REGULATIONS
404. The authority citation for part 401 continues to read as
follows:
Authority: 46 U.S.C. 2104(a), 6101, 7701, 8105, 9303, 9304 and
70105; Department of Homeland Security Delegation No. 0170.1; 46 CFR
401.105 also issued under the authority of 44 U.S.C. 3507.
405. In Sec. 401.110--
a. In paragraph (a)(8), after the word ``license'', add the words
``or merchant mariner credential''; and
b. In paragraph (a)(12), after the words ``who holds a license'',
add the words ``or merchant mariner credential endorsed''.
c. Add a new paragraph (a)(17) to read as follows:
Sec. 401.110 Definitions.
(a) * * *
(17) Merchant mariner credential or MMC means the credential issued
by the Coast Guard under 46 CFR part 10. It combines the individual
merchant mariner's document, license, and certificate of registry
enumerated in 46 U.S.C. subtitle II part E as well as the STCW
endorsement into a single credential that serves as the mariner's
qualification document, certificate of identification, and certificate
of service.
Sec. 401.210 [Amended]
406. In Sec. 401.210--
a. In paragraph(a)(1), after the words ``individual holds a'',
remove the word ``license'' and add, in its place, the words ``MMC
endorsed''.
b. In paragraph (a)(6), after the words ``Coast Guard'', add the
words ``or a valid Transportation Worker Identification Credential''.
Sec. 401.220 [Amended]
407. In Sec. 401.220(d), remove the word ``license'' and add, in
its place, the word ``endorsement''.
[[Page 3695]]
Sec. 401.230 [Amended]
408. In Sec. 401.230(a), remove the word ``license'' and add, in
its place, the word ``endorsement''.
Sec. 401.250 [Amended]
409. In Sec. 401.250(d), after the words ``whenever his or her
license'', add the words ``or MMC officer endorsement''; after the
words ``simultaneously with his or her license'', add the words ``and/
or MMC''; after the words ``If the license'', add the words ``or
officer endorsement''; and after the words ``with the suspended
license'', add the words ``or officer endorsement''.
PART 402--GREAT LAKES PILOTAGE RULES AND ORDERS
410. The authority citation for part 402 continues to read as
follows:
Authority: 46 U.S.C. 2104(a), 8105, 9303, 9304; 49 CFR 1.46
(mmm).
Sec. 402.220 [Amended]
411. In Sec. 402.220(a)(1), (a)(2), and (a)(3), remove the word
``license'' wherever it appears and add, in its place, the word
``endorsement''.
Dated: December 29, 2006.
Brian M. Salerno,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention,
Acting.
[FR Doc. 07-18 Filed 1-24-07; 8:45 am]
BILLING CODE 4910-15-P