[Federal Register Volume 74, Number 49 (Monday, March 16, 2009)]
[Rules and Regulations]
[Pages 11196-11267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5436]
[[Page 11195]]
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Part II
Department of Homeland Security
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Coast Guard
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33 CFR Parts 1, 20, 70, et al.
46 CFR Parts 1, 4, 5, et al.
Consolidation of Merchant Mariner Qualification Credentials; Final Rule
Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules
and Regulations
[[Page 11196]]
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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: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard issues this final rule to consolidate the
regulations covering issuance of merchant mariner qualification
credentials, to reduce the burden on mariners by limiting the number of
times they need to appear in person to provide fingerprints and proof
of identity, and to address comments received from the public in
response to the Supplemental Notice of Proposed Rulemaking, in some
cases through revisions based on those comments. This final rule works
in tandem with the joint final rule published by the Coast Guard and
the Transportation Security Administration on January 25, 2007,
entitled ``Transportation Worker Identification Credential (TWIC)
Implementation in the Maritime Sector; Hazardous Materials Endorsement
for a Commercial Driver's License''.
DATES: This final rule is effective April 15, 2009. The incorporation
by reference of certain publications listed in the rule is approved by
the Director of the Federal Register as of April 15, 2009.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2006-24371 and are available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. You may also find this
docket on the Internet at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Mayte Medina, Coast Guard, telephone 202-372-1406. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Acronyms
II. Regulatory History
III. Background and Purpose
IV. Summary of Changes From SNPRM
V. Discussion of Comments and Changes
A. Comments Regarding the TWIC Rulemaking
B. General
C. Appeals
D. Application Process
E. Background Checks
F. Coast Guard Authority
G. Citizenship
H. Consistency
I. Continuity Documents
J. Definitions
K. Fees
L. Format
M. Large Passenger Vessels
N. License Creep
O. Medical
P. National Maritime Center
Q. Oaths
R. Pilots
S. Posting of Credential
T. Social Security Numbers
U. International Convention on the Standards on Training,
Certification, and Watchkeeping for Seafarers, 1978, as Amended
(STCW)
V. Training
W. Integration With TWIC
X. Questions Outside the Scope of This Rulemaking
VI. Regulatory Evaluation
A. Executive Order 12866
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Acronyms
ADA Americans with Disabilities Act
ARPA Automatic Radar Plotting Aid
ATP Airline Transport Pilot
CFR Code of Federal Regulations
CBP Customs and Border Patrol
COR Certificate of Registry
EEOC Equal Employment Opportunity Commission
FAA Federal Aviation Administration
FR Final Rule
GMDSS Global Maritime Distress and Safety System
ILO International Labor Organization
IMO International Maritime Organization
MERPAC Merchant Marine Personnel Advisory Committee
MMC Merchant Mariner Credential
MMD Merchant Mariner Document
MODU Mobile Offshore Drilling Unit
NARA National Archives and Records Administration
NDR National Driver Register
NEPA National Environmental Policy Act
NMC National Maritime Center
NPRM Notice of Proposed Rulemaking
NTTAA National Technology Transfer and Advancement Act
NVIC Navigation and Inspection Circular
OCMI Officer in Charge, Marine Inspection
OICEW Officer in Charge of Engineering Watch
OICNW Officer in Charge of Navigational Watch
OMB Office of Management and Budget
OSV Offshore Supply Vessels
PVSA Passenger Vessel Safety Act of 1993
QMED Qualified Member of the Engine Department
REC Regional Examination Center
RFPNW Rating Forming Part of a Navigational Watch
SNPRM Supplemental Notice of Proposed Rulemaking
SOLAS Convention for the Safety of Life at Sea
SSN Social Security Number
STCW International Convention on the Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended.
TOAR Towing Officer's Assessment Record
TSA Transportation Security Administration
TWIC Transportation Worker Identification Credential
US United States
USC United States Code
II. Regulatory History
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 and in person at the public
meetings, for additional time to comment.
In response, on January 25, 2007, the Coast Guard published a
Supplemental Notice of Proposed Rulemaking (SNPRM) under the same title
in the Federal Register (72 FR 3605) providing an additional three
months for comments. The SNPRM included a discussion of all comments
received in response to the NPRM. We received 19 letters commenting on
the SNPRM. No public meeting was requested and none was held.
III. Background and Purpose
A complete discussion of the background and purpose for this rule
can be found in the preamble to the NPRM, 71 FR 29463. Under the
current
[[Page 11197]]
regulations being amended in this rule, the Coast Guard may issue up to
four credentials to a mariner: A Merchant Mariner's Document (MMD),
Merchant Mariner's License (License), Certificate of Registry (COR),
and an International Convention on Standards of Training, Certification
and Watchkeeping for Seafarers (STCW) Endorsement. Each credential
serves a separate purpose, thus creating the possibility that a mariner
might need all four.
The Maritime Transportation Security Act of 2002, 46 U.S.C. 70105,
(MTSA) requires all merchant mariners credentialed under 46 U.S.C. part
E to undergo a security threat assessment and obtain a transportation
security card. This provision has been implemented by the
Transportation Security Administration (TSA), which has begun
implementing the Transportation Worker Identification Credential (TWIC)
into the maritime sector, and the Coast Guard. All mariners are
required, under Coast Guard regulations, to obtain a TWIC by April 15,
2009.\1\ This means that, without a regulatory change, a mariner would
need up to five credentials.
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\1\ The first TWIC Final Rule, published on January 25, 2007,
required all mariners to have a TWIC by September 25, 2008. See 72
FR 3492. On May 7, 2008, the Department of Homeland Security
published a Final Rule delaying the date by which mariners must hold
a TWIC until April 15, 2009. See 73 FR 25562.
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This rule will minimize these redundant credentialing requirements,
and ease the burden on merchant mariners. The Coast Guard is
streamlining its mariner regulations and consolidating the four
separate credentialing documents into one Merchant Mariner Credential
(MMC). In addition to reducing the number of credentials a mariner will
need to hold, this rule also eliminates redundant burdens and
government processes.
IV. Summary of Changes From SNPRM
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Cite Change Reason
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Throughout document......... Changed the date by To reflect change in
which a mariner mariner compliance
must hold a TWIC date published by
from September 25, DHS in a Final Rule
2008 to April 15, on May 7, 2008 (73
2009. FR 25562).
46 CFR 10.209, 10.211, Added language to To allow the Coast
10.214, 10.221, 10.223, reflect that Guard to begin
10.225, 10.227, 10.229, applications for issuing the MMC
10.231, 10.235, 12.02-7. MMC's prior to prior to the date
April 15, 2009 will that mariners are
still need to be required to hold a
made in person at TWIC, and prior to
an REC to provide the date when TSA
fingerprints and will begin sharing
proof of identity, applicant
and that for these information with
applications, the the Coast Guard.
Coast Guard will
still conduct
security threat
assessments. After
April 15, 2009, TSA
will collect the
fingerprints and
proof of identity
and forward that
information to the
Coast Guard
(National Maritime
Center (NMC)).
33 CFR 164.13............... Changed the term In response to
from properly, to comments.
appropriately.
46 CFR 10.107............... Added language to In response to
the definition of comments and
safe and suitable changes to
person to refer the regulations.
reader to 46 CFR
10.211 and 10.213;
and added
definitions for
large passenger
ship, non-resident
alien and steward's
department.
46 CFR 10.109............... Added the first In response to
class pilot comments.
endorsement, and in
(b) added
subcategories of
able seaman for
consistency as well
as clarity with the
requirements in
Parts 12 and 15.
46 CFR 10.211............... Added language to In response to
specifically state comments.
responses that
applicants need
only provide
written disclosure
of convictions not
previously
disclosed on an
application.
46 CFR 10.215 Table (a)..... Revised the table to In response to
place the reg cites comments.
for the requirement.
46 CFR 10.215(c)............ Revised to allow the In response to
medical examiner, comments.
if qualified, to
conduct the
appropriate
examinations.
46 CFR 10.221(a)(2)......... Added exception for In response to
large passenger comments and
vessel. Congress.
46 CFR 10.225............... Removed the In response to
requirement that a comments.
mariner have proof Additionally, it
of applying for a provides more
TWIC within the flexibility.
past 30 days.
46 CFR 10.237............... Added language to In response to
specify that the comments.
Coast Guard will
provide the
applicant the
reason(s) for
denial of an
application
directly to the
applicant.
46 CFR 11.304(h)(7)......... Removed the In response to
requirement for comments and
gathering the TWIC realization that we
information. had sufficient
information to
determine the
identity of the
officer conducting
the assessment.
46 CFR 11.518............... Added the In response to
abbreviation for comments.
Qualified Member of
the Engine
Department (QMED).
46 CFR 11.520............... Replaced qualified In response to
member of the comments.
engine department
with QMED.
46 CFR 11.1005.............. Removed the date.... In response to
comments and date
is no longer
necessary.
46 CFR 12.02-11(d).......... Revised to state In response to
that ratings comments.
endorsements will
be issued if the
holder or applicant
is qualified for
the endorsement.
46 CFR 12.02-17............. Revised section to In response to
remove reference to comments and to
Officer in Charge provide clarity
Marine Inspection. after the
In paragraph (g) revisions.
revised section for
clarity.
46 CFR 12.05-3(c)........... Revised paragraph to In response to
remove the date and comments and to
to provide clarity provide clarity.
that the
endorsement for
Rating Forming Part
of a Navigational
Watch (RFPNW) will
be issued upon
meeting the
requirements of
STCW.
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46 CFR 12.05-7.............. Removed the term In response to
Commanding Officer. comments and for
consistency with
changes previously
proposed.
46 CFR 12.10-1.............. Removed the term In response to
``United States comments and
collector or deputy updating the
collector of regulations with
customs'' and current
replaced it with terminology.
the appropriate
term with the DHS
reorganization.
46 CFR 12.10-3.............. Removed the term In response to
Commanding Officer. comments and for
consistency with
changes previously
proposed.
46 CFR 12.15-1.............. Removed the term In response to
``United States comments and
collector or deputy updating the
collector of regulations with
customs'' and current
replaced it with terminology.
the appropriate
term with the DHS
reorganization.
46 CFR 12.15-3(d)........... Removed the February In response to
1, 2002 date. comments and
because that date
is no longer
necessary.
46 CFR 12.15-7(c)........... Revised the newly Consistency with
inserted word from existing language
engineer department and in response to
to engine comment.
department.
46 CFR 12.40................ Revised subpart for In response to
the requirements comments and new
for non-resident interim rule.
aliens working on
large passenger
vessels.
46 CFR 15.401............... Spelled out the In response to
first use of TWIC. comments.
46 CFR 15.530............... Revised subpart for In response to
the requirements comments and new
for non-resident interim rule.
aliens working on
large passenger
vessels.
46 CFR 15.701............... Removed the word In response to
Customs and comments and
replaced it with updating the
Customs and Border regulations with
Protection. current
terminology.
46 CFR 15.812(b)(1)......... Clarified the In response to
requirement to comments and for
state that it is clarification.
either a first
class pilot's
license or an MMC
with a first class
pilot's endorsement.
46 CFR 15.815............... Revised radar Consistency with
endorsement other ongoing
language to make it rulemaking project
consistent with that is
language proposed specifically on
in the NPRM for that requirement.
radar endorsements.
46 CFR 15.915............... Revised header from In response to
``Engineer comment and to make
Licenses'' to consistent with the
``Engineer Officer remainder of the
Endorsements''. proposed rule.
46 CFR 42.05-70............. Renumbered section In response to
to 42.05-27. comment and because
the definition was
out of order.
46 CFR 78.65-1.............. Revised section to In response to
provide the option comment and to
to post either provide for the
license or merchant phase-in period
mariner credentials when both documents
on a vessel. will be in use.
46 CFR 97.53-1.............. Revised section to In response to
provide the option comment and to
to post either provide for the
license or merchant phase-in period
mariner credentials when both documents
on a vessel. will be in use.
46 CFR 401.210.............. Revised references In response to
to licensed service comments and to
and added language correct oversights
to include the MMC not addressed in
requirement. the SNPRM.
46 CFR 402.220.............. Revised section to In response to
provide for comments and to
mariners holding provide for the
either a license or phase-in period
MMC. when both documents
will be in use.
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V. Discussion of Comments and Changes
The following comments were submitted to the docket for the MMC
SNPRM. All written comments received are available for inspection in
the public docket for this rulemaking, where indicated under ADDRESSES.
A. Comments Regarding the TWIC Rulemaking
We continued to receive comments to the docket regarding the TWIC.
This rulemaking is limited to the consolidation of merchant mariner
credentials, including the requirement for a TWIC as required by 46
U.S.C. 70105; however, comments regarding the TWIC rulemaking are
inappropriate for discussion in this rulemaking. They are not addressed
in this FR; they were forwarded to the appropriate office either at the
Coast Guard or at TSA for consideration, and included in the discussion
of comments in the TWIC final rule, published on January 25, 2007 (72
FR 3492).
B. General
The Coast Guard received a number of positive comments on the
SNPRM. We received one comment commending the Coast Guard on
recognizing the need to move forward on concurrent processing of a TWIC
and MMC. We received one comment supporting the removal of language in
Sec. 12.01-1 that stated that the MMD was owned by the Coast Guard. We
received one comment expressing support for the revised requirements in
Sec. 15.815(d) and (e) requiring mariners to either carry their radar
certificate with them or have a copy on file with their company. We
received one comment that specifically stated that all the credentials
should be combined as proposed in the SNPRM. We received four comments
supporting the issuance of MMCs through the mail. We received one
comment applauding the removal of withholding the reason for the denial
of a credential. We received numerous comments agreeing with the need
for proper identification and credentialing of mariners, in order to
ensure safe vessel operation and national security. We received one
comment commending the Coast Guard for allowing the mariner to take
his/her oath before any person. We received one comment noting that the
MMC represents an opportunity to make the mariner credentialing system
more transparent, predictable and fair. We received one comment
expressing appreciation of the Coast Guard's efforts to protect a
mariner's privacy by removing the Social Security number on the form of
payment.
We received one comment expressing concern that focusing the
emphasis of the MMC on competency of the mariner would undermine the
principle that the Coast Guard must be vigilant in its issuance of its
credentials.
We disagree. While TSA is responsible for verifying identity and
conducting security vetting for mariners, the Coast Guard will only
issue credentials to those individuals who pass the security vetting
and the safety and suitability check conducted by the Coast Guard. We
will not ignore whether the individual is a security threat, though our
focus will be
[[Page 11199]]
qualifying the mariner to be employed on vessels and ensuring the
individual is not a threat to maritime safety.
We received one comment noting that the mariner would still be
required to carry multiple credentials and documents and thus the
synergetic effect of the Coast Guard's proposed consolidation of the
mariner's credentials is somewhat diluted.
We agree. The Coast Guard recognizes that mariners will still be
required to carry more than one credential; however, those issued by
the Coast Guard will be reduced from as many as four to one.
We received one comment suggesting that this rulemaking should be
used to remedy existing deficiencies in the licensing system.
We disagree. The purpose of this rulemaking is to streamline the
existing merchant mariner credentialing process, to minimize redundant
requirements, and simplify the credentialing program. While it is
expected that this will remedy some of the existing deficiencies in the
merchant mariner credentialing program, it is not the intent of this
rulemaking. The Coast Guard has a number of initiatives in progress
which are intended to improve the merchant mariner credentialing
system, which include reorganization of the NMC and fully developing a
quality standard system.
We received one comment asking the Coast Guard to address the
deletions and additions of definitions, subsections, figures, and
tables within the rulemaking.
In the NPRM, we provided a table showing where various subsections
were moved between the various parts of Title 46 of the CFR (71 FR
29464-81). Additionally, when the definitions were consolidated we had
no intention of removing definitions and have reviewed the list to
ensure that all of the definitions within the subchapter have been
retained, unless otherwise noted in this or previous regulatory
documents. Within this preamble, we will discuss any changes from the
SNPRM, which would not have been discussed in either the NPRM or the
SNPRM.
We received one comment requesting that we readdress the comments
they made to the NPRM.
The Coast Guard has determined that readdressing even some of the
comments we received on the NPRM would be redundant, as those comments
were already fully addressed in the ``Discussion of Comments and
Changes'' section of the SNPRM (72 FR 3608). As such, we have not
readdressed comments received on the NPRM; this discussion will only
address those comments received on the SNPRM.
We received one comment stating that the creation of an entirely
new form of a credential to replace the traditional license would
create more problems than it might solve.
We disagree. While we recognize that the transition to this new
credential will not be without challenges, we believe it will result in
a better credential accepted by more mariners than the credentials
currently in place.
One commenter recommended that the MMC proposal be withdrawn.
We do not agree with this comment and are proceeding with this
final rule. Without this final rule, mariners would face duplicative
appearance requirements when applying for their TWIC and their Coast
Guard issued License, MMD, COR, or STCW Endorsement.
We received one comment expressing concern with this rulemaking
because it comes at an especially active period in maritime regulation
and it was recommended that we proceed with caution.
We recognize that the Coast Guard is involved in multiple
regulatory projects at this time, and that several of them touch upon
the same regulatory provisions being amended by this final rule. All
persons involved in this project are sensitive to this fact, and have
been diligent in ensuring that the same approach and language is used
in all projects. As a result of this diligence, recent changes,
published in an interim rule for vessel security officer training and
certification (May 20, 2008; 73 FR 29060) and in final rules on
training and service requirements for merchant marine officers
(September 11, 2008; 73 FR 52789) and technical amendments for 46 CFR
(September 29, 2008; 73 FR 56505), have been incorporated into this
final rule.
One commenter expressed concern that the SNPRM implied the MMC is
an identity document in addition to being a proficiency document. They
felt adding the identity concept to the MMC would introduce confusion
and recommended that the TWIC remain the proof of identification.
We disagree. There have been numerous comments recommending the MMC
be International Labor Organization (ILO) 185 compliant. In order to
meet those requests, the Coast Guard must make this credential, in
part, an identification credential. Identification will not be the
primary function of the MMC, as the TWIC will be used as the primary
identification document aboard U.S. vessels and at U.S. facilities. The
MMC may be used as an identity document in other places, as it will
hold a digital photo of the mariner, which will be taken from the TWIC
enrollment application during which time proof of identity is
inspected.
We received one comment requesting the implementation of this
rulemaking be delayed until there have been trials of the information
sharing between the Coast Guard and TSA.
We agree, in part, with this comment. Before we fully implement
this rulemaking we will be testing the transmission of information
between the two agencies. If we are able to begin issuance of the MMC
before the full implementation of TWIC, we may begin a partial
implementation of those portions of the rule that do not require the
information sharing.
We received one comment stating that the Coast Guard must educate
other state and Federal agencies about the status of a merchant mariner
credential, and the requirements to achieve them.
While not the purpose of this rulemaking, we agree we need to
educate other agencies about the MMC. We will use all available
channels to inform State and Federal agencies about the new credential.
We received one comment stating that the majority of licensed
officers favor retaining the license as a separate document and as a
certificate of qualifications at the licensed level.
We disagree. This statement is not represented by the comments
received during this rulemaking.
We received one comment stating that the present documentation and
licensing regulations should remain intact and should not be changed to
a system of endorsements on a newly created MMC.
We disagree. Even before the MMC and TWIC rulemakings, the Coast
Guard recognized the need to revise the current credentials, to make
them less confusing. This need was further reinforced by comments
received and responses made to Congress regarding the number of
credentials being carried by mariners and the need to reduce that
number.
We received one comment seeking clarification on a statement within
the SNPRM preamble regarding delaying the final rule until ``next
year'' to allow the Coast Guard to accept and apply additional public
comments.
The intent of the statement within the SNPRM was to state that the
Coast Guard was going to seek additional comments in conjunction with
the rulemaking process. Because at that time mariners would not have
been required to hold a TWIC until
[[Page 11200]]
September 25, 2008 (see TWIC final rule at 72 FR 3587-88), we
recognized that there was ample time to allow for additional comment
before needing to finalize this MMC rulemaking project. Providing a
second round of comments has helped ensure that in consolidating the
existing mariner credentialing regulations, we were not unintentionally
changing any qualifications requirements.
We received one comment stating that not allowing mariners to serve
prior to issuance of their MMC conflicted with the TWIC policy which
allowed service for up to 30 days before they actually received their
TWIC and that this Coast Guard policy would negate that advantage. We
received two comments encouraging the Coast Guard to seek issuance of
interim MMCs for mariners serving on passenger vessels that have been
issued a TWIC, but are waiting on the processing of the MMC. We
received one comment recommending issuance of interim credentials to
persons who have had recent prior experience crewing on U.S.-flag
vessels, or on other vessels that have evidence, issued by the Federal
Maritime Commission, of compliance with sections 44102 and 44103 of
Title 46 of the United States Code. In contrast, we received one
comment stating that the issuance of interim credentials would be
confusing and unnecessary, especially considering that we do not
currently have interim credentials and everyone has managed to deal
with it by planning ahead.
The Coast Guard has decided not to allow merchant mariners to serve
prior to the issuance of their MMC. The U.S. Code provides that the
Coast Guard may issue credentials to those applicants found qualified
as to age, character, habits of life, experience, professional
qualifications and physical fitness (46 U.S.C. 7101(c), 7306, and
7313). The law provides that the Coast Guard must ensure a mariner
meets the aforementioned criteria before issuing a credential and the
possession of such a credential is required to serve in a position on
any vessel that requires a credential.
We received one comment that suggested the replacement of the
phrase ``* * * a properly endorsed license * * *'' with ``* * * an
appropriately endorsed license * * *'' in 33 CFR 164.13(b) and (c).
We concur with the suggestion and have made this change.
We received one comment seeking clarification regarding the listing
of the Young Men's Christian Association (YMCA) but not the Young
Women's Christian Association (YWCA) in 46 CFR 10.219(h)(2)(ii) and
whether the failure to include that organization was intentional, and
if so for further rationale for not including the organization.
The YWCA was intentionally excluded from the current published list
in the regulations. The list has been in place and unchanged since the
establishment of fee regulations in 1993, and it is not our intention
with this rulemaking to add or remove organizations from the existing
list. An organization seeking to be added to the list may follow the
procedure, unchanged by this rulemaking, laid out in paragraph
(h)(2)(i).
We received one comment recommending that 46 CFR 11.502(b) be
revised to reflect three propulsion modes: motor, steam, and gas
turbine.
We agree, in part. There are three propulsion modes that should be
included in the regulations; however, this change is being considered
in a separate, larger Coast Guard rulemaking, titled ``Implementation
of the 1995 Amendments to the International Convention on Standards of
Training, Certification and Watchkeeping for Seafarers, 1978'' (RIN:
1625-AA16).
We received one comment that recommended 46 CFR 11.1105 be the same
as Sec. 11.1005: ``To serve on a non-Ro-Ro passenger ship a person
endorsed as master, mate, chief mate, engineer, or chief engineer shall
meet the appropriate requirements of the International Convention on
the Standards of Training, Certification and Watchkeeping for
Seafarers, 1978, as amended (STCW) Regulation V/3 and of section A-V/E
of the STCW Code.''
We disagree. It is not the purpose of this rule to revise the
substantive qualifications requirements or even just the text of the
requirements; this rule serves to reorganize the various parts,
consolidate the various mariner credentials, and eliminate redundant
appearance requirements in light of the new TWIC requirement. As noted
in an earlier response, the Coast Guard has a number of ongoing
regulatory projects that, if completed, would change portions of 46 CFR
chapter I, subchapter B. Once these projects are completed, we will
examine whether a complete revision of the regulations in subchapter B
is warranted. The change suggested by the commenter could be
incorporated into such a revision.
We received one comment recommending a revision to Sec. 12.15-7(c)
changing the phrase ``engineer department'' to ``engine department''.
We agree with this suggestion and have made this change.
We received one comment noting that we did not correct the heading
for Sec. 15.915. That omission was an oversight on the part of the
Coast Guard; we have corrected that heading in this final rule to
``Engineer Officer Endorsements''.
One comment recommended Sec. Sec. 78.65-1, 97.53-1, and 131.955
state that the page of the credential should show the information for
officer credentials and include the license for the 5 year
implementation period.
We agree, and have amended the sections to read ``All officers on a
vessel must have their license or officer endorsements conspicuously
displayed''.
We received one comment recommending that Sec. 401.210(a)(1) be
revised to allow for the transition period when mariners will still
hold licenses.
We agree; this entire paragraph has been revised in this final
rule, in order to allow the Coast Guard to start issuing MMCs even
before mariners are required to obtain TWICs. These changes mean that,
until April 15, 2009, mariners applying for their MMC will need to
appear at an REC in person to provide proof of identity, citizenship,
and their fingerprints. After April 15, 2009, the Coast Guard will be
able to obtain that information from the record TSA created when the
mariner enrolled for his/her TWIC and will not have to appear at an
REC.
We received one comment recommending that Sec. 402.220(a)(1),
(a)(2), & (a)(3) should state license and MMC endorsement.
We agree that these terms would provide clarity, and have made the
suggested changes.
We received one comment recommending that we model the mariner
licensing system after the Federal Aviation Administration (FAA)
processes, based upon the Airline Transport Pilot (ATP) license for the
FAA coupled with type-rating for a specific aircraft.
We disagree. While this would ensure that each mariner is qualified
for each specific vessel upon which he or she serves, it would make the
regulations much more difficult and confusing. Additionally, vessels
are not as uniform as aircraft in their design and operation, thus
using the FAA model would not be appropriate.
One commenter suggested that STCW endorsements should be issued
when a person meets STCW requirements for their position instead of in
response to a request to go on an international voyage.
We concur; however, we do not issue STCW endorsements unless
requested by mariner. Thus, when the STCW
[[Page 11201]]
endorsement is issued relies upon when the mariner makes his/her
request.
We received one recommendation that the CFRs should be drafted to
provide a list of requirements as has been done in some of the license
checklists.
We disagree. While this idea appears on the surface to be a good
solution, it would actually result in more difficulties over time.
Checklists exist as aids that provide guidance on these regulations and
are available for review at: http://www.uscg.mil/stcw/index.htm.
Including such checklists in the regulations would mean they could only
be revised through a regulatory change, requiring notice and comment
under the Administrative Procedure Act. By providing the checklists as
aids to understanding the regulations, we are able to quickly update
and clarify them as requirements are revised or confusion is
discovered.
We received one comment noting that the safekeeping of the MMC
would be easier if it were a passport-sized document.
We agree and have started the process of transitioning to this
style of document.
C. Appeals
We received one comment seeking clarification to the revised
language in Sec. 12.03-1(c)(2).
We have removed specific references to the Commanding Officer of
the National Maritime Center throughout this rulemaking. In our view,
this will have no effect on the processes currently in place. Coast
Guard policy requires that Commanding Officers sign official
correspondence or delegate it, as appropriate, within their command. We
do not envision course application appeals being delegated below the
Commanding Officer, except in his or her absence to an Acting
Commanding Officer.
D. Application Process
We received one comment recommending the Coast Guard implement a
Web-based application system and two comments recommending the Coast
Guard allow electronic submission of applications.
We agree. As resources are available, the Coast Guard intends to
develop systems through which a mariner may apply for an MMC using
various Web-based applications.
We received one comment recommending that Sec. Sec. 10.223(c)(2)
and 10.227(d)(2) read ``* * * have a valid TWIC or show proof of
applying for a TWIC * * *''.
We disagree. Mariners will not meet the TWIC requirement unless
they actually hold the TWIC; completing the application process is not
enough. Mariners need to plan to enroll with enough time to ensure
their TWIC is available and able to be picked up prior to April 15,
2009 (the compliance date for the TWIC requirement for mariners).
Therefore, this section only applies to those individuals who would
already hold a valid TWIC and MMC.
We received one comment recommending the removal of the requirement
of proof that a TWIC be obtained or applied for (within the past 30
days) in order to receive an original MMC from Sec. 10.225(b)(2).
We agree that it would not be necessary to provide the 30-day
limitation on the TWIC application for an original merchant mariner
credential, and have made the suggested change.
One commenter expressed concern that the coordination of regulatory
roles and administrative functions between two agencies within the same
Department did not lead to development of one application and
enrollment process, vetting of criminal or other records for safety,
suitability, and terrorist security risks, determination of
qualifications and issuance of a single combined Merchant Mariner
Document (MMD)/TWIC.
We disagree. When the Coast Guard and TSA first began collaborating
to issue regulations on TWIC, the issue of whether all credentials
could be combined into a single MMC/TWIC was thoroughly explored.
Unfortunately, this is not an option at this time. As the use of
biometric and smart card technology becomes more wide-spread, this
decision may be able to be revisited. However, at this time, it is
simply not possible to combine the two credentials onto one card. We
have, through this final rule, streamlined the application process for
the MMC, to avoid duplicative appearance requirements and security
vetting.
We received one comment recommending Sec. 10.225(b)(5) be removed,
since an applicant for an original MMC would not hold any of these
credentials--cancelled or uncancelled.
We agree, and have made the suggested change.
We received one comment requesting that all mariners seeking
renewals of towing vessel credentials be required to complete practical
towing demonstrations, as well as for those mariners whose most recent
credential has been suspended or revoked as stated in Sec. 10.235(f).
We disagree. The towing vessel credential requirements were
developed through a separate rulemaking, during which this requirement
was presented to the public and they were provided an opportunity to
comment on the requirement. To add this requirement to all other
mariners would require notice and comment that is currently outside the
scope of this rulemaking.
We received one comment recommending that Sec. 10.237(a) clearly
state that the written statement detailing the reason(s) for denial be
provided to the applicant.
We agree. It is the intention of this rulemaking to clarify the MMC
process and we will make the suggested change to provide additional
clarity.
We received one comment questioning why we retained the Officer in
Charge of Marine Inspection (OCMI) authority to make decisions about
service and exam requirements in Sec. 11.201.
This provision was retained because it provides the local Coast
Guard official most familiar with the local area the ability to revise
the requirements based upon that local knowledge.
We received one comment requesting that we reconsider allowing an
expired passport as evidence of citizenship verification.
After reconsideration, we have decided to accept an expired
passport, especially considering that the individual will undergo a
thorough vetting for immigration status by the TSA during the security
threat assessment, and a second vetting by the Coast Guard for
suitability and safety qualifications.
We received one comment recommending the establishment of a process
to identify delayed applications and require supervisory review, as
well as a process to recoup lost salary.
We agree, in part. We have established a process within the quality
standard system that will identify delayed applications and bring them
to the attention of the leadership of the NMC. At present, there is no
intention to develop a process to provide lost salary to applicants of
a MMC.
E. Background Checks
We received one comment recommending the Coast Guard discontinue
its duplicative background checks or the requirement to hold the TWIC,
because it is unreasonable for both agencies to simultaneously examine
a mariner's criminal background. We received three comments
recommending that the TWIC and MMC data be incorporated into a single
card. We received one comment
[[Page 11202]]
recommending that the MMD be retained in its present role and format,
but with additional functionality that would allow it to serve, at the
unlicensed level, as both a transportation security card and a
certificate of qualifications.
We disagree. It is necessary for both the Coast Guard and TSA to
review the criminal background, since both agencies are examining
different issues to determine whether an individual should hold the
credential issued by that agency. Also, it is not within the purview of
the Coast Guard to change the requirement to hold the TWIC because that
requirement is found in 46 U.S.C. 70105. The information in the
applications for the MMD and TWIC are different with respect to the
different focus of the two credentials. Additionally, to only make the
MMD consistent for unlicensed personnel would create disconnect between
the ratings and officers as well as those mariners serving on inland
routes not required to have an MMD. This proposed scheme would create
as many credentials as the current system, and frustrate the project's
original purpose to consolidate credentials. However, this final rule
does eliminate duplicative processes and requirements, such as the
personal appearance and security background examinations requirements.
We received four comments recommending the Coast Guard limit
criminal conviction disclosure to those not previously disclosed on an
application for a Coast Guard credential. Similarly, we received one
comment recommending that Sec. 10.211 be revised to request full
disclosure of criminal history only on the applicant's original
application.
We agree and have made the suggested changes in this final rule.
We received one comment recommending that the self-disclosure of
criminal history be eliminated from the application entirely.
We disagree. There should be some requirement for self-disclosure;
however, we have agreed that the disclosure should only cover the
period since the last application or any item not previously disclosed
to the Coast Guard. This is a benefit for the mariner and provides the
opportunity for supplemental information not otherwise available in the
public record to be submitted to the Coast Guard for consideration
during the evaluation period.
We received two comments stating that an unlimited review is
counter to the Congressional intent regarding the National Driver
Register (NDR).
We agree, and the statutory three year limit (found in 49 U.S.C.
30305) on such a review has been incorporated into this final rule (see
Sec. 10.213). This does not, however, limit the Coast Guard's ability
to continue an unlimited review if the information obtained from the
NDR is about a revocation or suspension still in effect on the date of
the request.
F. Coast Guard Authority
We received two comments questioning whether the MMC with an
officer endorsement will have the same significance as a license and
whether the Coast Guard has authority to change the format of the
license.
As noted in the SNPRM, the authority to revise the license is well
within the broad authority provided to the Coast Guard under 46 U.S.C.
Part E. Thus, the MMC with an officer endorsement will carry the same
weight as a license.
G. Citizenship
We received one comment requesting clarification on Sec.
10.231(d)(2) regarding the specific mention of naturalized citizens.
This language was brought from the existing language in 46 CFR 10.207;
it has not changed and carries the same meaning as it did prior to
being moved by this final rule.
H. Consistency
We received one comment strongly recommending that the wording
referencing mariner credential authority in parts covered by this
regulation be changed by replacing the words ``not more than'' with the
words ``less than''. This change was being sought to make the revisions
more consistent with the provisions within STCW, as well as U.S.
inspections language.
While we do not necessarily agree or disagree with the suggestion,
this final rule is not the appropriate place to contemplate this
change. The primary focus of this rulemaking is the development of a
consolidated credential and a reorganization of subchapter B. This
recommendation, however, is being contemplated for incorporation in a
separate rulemaking, titled ``Implementation of the 1995 Amendments to
the International Convention on Standards of Training, Certification
and Watchkeeping for Seafarers, 1978.''
We received one comment recommending the rules be consistent in the
use of the term QMED for ``Qualified Member of the Engine Department.''
We agree. It is appropriate to establish an abbreviation in the
text that can then be used in subsequent sections of the rules. We have
revised Sec. 11.518 to provide the abbreviation, and then used the
term ``QMED'' for the remainder of that subpart.
We received one comment questioning the retention of the term
Commanding Officer, National Maritime Center in Sec. Sec. 12.05-7(b)
and 12.10-3(a).
We have removed the term commanding officer from those sections.
We received two comments asking why the language referring to the
United States collector or deputy collector of customs was left in the
regulations in Sec. Sec. 12.10-1 and 15.701(c), even though we removed
the language referring to the shipping commissioner.
We removed the reference to the shipping commissioner because it
was a function the Coast Guard previously performed, but no longer
performs. The term United States Collector of Customs now falls under
the responsibility of the Customs and Border Patrol (CBP) Port
Director, and this change has been incorporated in this final rule.
We received one comment noting that we left out the shipping
commissioner language in Sec. 12.15-1. We have made this correction in
this final rule.
We received one comment questioning why there was a difference in
language between Sec. Sec. 13.407 and 13.507, when it did not appear
that there should be a difference in the language.
We agree with this comment, and have revised Sec. 13.507
accordingly in this final rule.
We received one comment seeking clarification on Sec.
401.210(a)(6), which allows a Great Lakes Pilot to have either an MMD
or a TWIC.
This option was left in place because this final rule will go into
effect before all mariners are required to hold a TWIC, therefore there
will be a period where individuals might hold an MMD without a TWIC. We
have revised the language to ensure that, on April 15, 2009, (the date
when all mariners must hold a TWIC) only a TWIC will be acceptable.
I. Continuity Documents
We received one comment asking us to leave the decision whether to
retain a continuity license and TWIC, or document of continuity without
TWIC, to the license holder.
As an agency, we have decided not to continue to issue continuity
licenses, but rather only documents of continuity. Should a mariner
choose to obtain a TWIC, but seek to obtain an MMC for continuity
purposes only, they will still receive a document of continuity. This
decision is based on a desire to consolidate as many of our pre-
existing credentials into the fewest number of mariner credentials as
possible.
[[Page 11203]]
J. Definitions
We received two comments stating that the definition for ``day''
should not have been revised regarding 100-ton vessels and the service
for Mobile Offshore Drilling Units (MODU) needed to be removed from the
definition.
We disagree. The definition of ``day'' for vessels of 100 Gross
Register Tons (GRT) or less was not significantly revised--we opted to
use the more generic reference of Coast Guard rather than Officer in
Charge, Marine Inspection. The definition of ``day'' for MODUs was
already included in that definition in the pre-existing 46 CFR 10.103
under ``service as.'' We are including it in this definition in order
to consolidate all definitions for ``day'' in one location.
We received two comments recommending that the definition for
``safe and suitable person'' should refer to 46 CFR 10.211.
While we do not believe it is necessary to make the connection
between the definition and 46 CFR 10.211, we made the change to assist
the mariner.
We received one comment stating the definition for ``senior company
official'' needs clarification. This definition is consistent with the
existing definition currently found in 46 CFR 10.103, therefore no
change has been made.
We received one comment stating the Coast Guard should fully
analyze the change of the application of the definition of ``operate,
operating or operation'' to the entire Subchapter B.
We disagree. The definition is restricted to the manning
requirements, and therefore analyzing its application throughout the
entire subchapter would not be appropriate.
We received one comment recommending that a section be inserted at
46 CFR 12.01-6 to direct the reader to the definitions found in 46 CFR
10.107.
We disagree. This final rule is a consolidation of the pre-existing
regulations, and as part of that consolidation, all definitions are
found in the beginning of the subchapter. We believe that mariners and
others who use these regulations will quickly adjust to looking in one
spot (46 CFR 10.107) for definitions that apply throughout the
subchapter.
We received one comment that stated that the definition for
``credential'' was out of order. We agree and have renumbered it at 46
CFR 42.05-27.
We received a comment stating that the definition for ``merchant
mariner credential'' needs to be added to 46 CFR Parts 70, 91, 114,
125, 160, 169, 175, 188, and 199.
We disagree. The minimal addition of the phrase ``merchant mariner
credential'' to those parts does not necessitate the addition of that
definition. We note that those parts previously referenced either an
MMD or a license (or both), with neither of those terms defined in
those parts, without confusion.
We received one comment recommending the definition for
``conviction'' not refer to decisions made by a foreign country's court
of record.
We disagree. This definition is consistent with the existing
definition for ``conviction.'' This rulemaking is about the MMC, not
changing the qualifications for licensing, and it is therefore beyond
the scope of this rulemaking to address the meaning of the term
``conviction.
We received one recommendation that the definition for ``regional
examination center'' should be revised to incorporate upcoming changes
to the National Maritime Center and Regional Examination Center system.
While we agree that the change is necessary, it is beyond the scope
of this rulemaking as the change needs to be made in more places in the
CFR than just those being amended by this final rule. Some of these
changes were recently made as part of a series of technical amendments
to Title 46 of the CFR. 73 FR 56505.
K. Fees
We received one comment stating that while the MMC rule might
reduce cost to the mariners, the entire TWIC/MMC rulemaking increases
costs to the mariners.
While we recognize that the new TWIC requirement carries a new fee,
the regulatory analysis for that project considered that new fee as a
part of its cost and benefit analysis, thus it is inappropriate for
that cost to be counted again in this final rule. The regulatory
analysis for this rulemaking only considers the costs and benefits
associated with the changes made by this final rule.
L. Format
We received one comment asking that the Coast Guard make a
certificate suitable-for-framing with the officer information printed
upon it, in addition to the final MMC.
We disagree. While this was also the recommendation from Merchant
Marine Personnel Advisory Committee (MERPAC), the Coast Guard has
decided not to produce such a document at this time since this
rulemaking's purpose is to consolidate credentials.
We received one comment stating that MERPAC has gone on record
opposing the MMC.
We disagree. We have reviewed the recommendations from MERPAC, and
have found no facts which would support this statement.
We received one comment recommending the use of the term ``license
endorsement'' rather than ``officer endorsement''.
We disagree. ``License'' merely signifies permission granted from a
government. In our view, ``officer'' is more the appropriate term as it
signifies an individual who is in a position of authority.
We received one comment recommending a new certificate of
qualification be developed for ratings, and that the Coast Guard
continue to issue two separate credentials.
We disagree. We are seeking to develop a consolidated credential
where an individual could have all of their qualifications in a single
location.
We received four comments recommending the MMC be designed to meet
the requirements of ILO 185.
We agree. This was one of the items taken into account during the
style selection process, as well as one of the reasons we could not
combine the MMC with the TWIC. While the initial MMCs may not be ILO
185 compliant, as it will take some time to ensure the new credential
meets all of the requirements, the Coast Guard is working diligently to
bring the MMC into full ILO 185 compliance.
We received one comment recommending the expiration dates of the
MMC and TWIC be aligned.
We disagree. This is not necessary and in some cases may not be in
the best interests of those impacted by the regulations. We considered
the costs associated with both documents, and believe that it may be
economically advantageous to some mariners if the MMC and TWIC
expiration dates do not align. However, those mariners wishing to bring
these expiration dates into alignment may do so under this final rule.
M. Large Passenger Vessels
We received one comment stating that the Coast Guard needed to
incorporate the Large Passenger Vessel Crew Requirements (RIN: 1625-
AB16) that were published in the Interim Rule on April 24, 2007 (72 FR
20278). We received one comment recommending that 46 CFR 10.211(a)(2)
be amended to include new subsection (d) for aliens in the steward's
department on large passenger vessels. We received one comment
recommending that we
[[Page 11204]]
incorporate the MMC language in 46 CFR Parts 12 and 15 relating to
large passenger vessel crew requirements.
We agree with these suggestions and have incorporated the changes
made by the interim rule into this final rule.
N. License Creep
We received four comments requesting the effective date of a
mariner's renewed credential be the same as the expiration date (i.e.
delayed issue of the credential).
We agree, in part. While the Coast Guard agrees with this comment,
we are awaiting authority from Congress to make such a change.
Currently, Congress requires that the Coast Guard issue credentials for
five years. In order to take action on this comment, the Coast Guard
requires statutory authority to issue a credential that is valid for a
period beyond 5 years.
We received one comment stating that this rule does nothing to
reduce license creep.
It is our hope that the streamlining features established by this
rule will reduce license creep; additionally, the Coast Guard is moving
forward with the reorganizations of the National Maritime Center and
the Regional Examination Centers, both of which are more focused on
improvement of processes.
O. Medical
We received one comment recommending that we require general
medical exams for all mariners, including entry-level mariners.
We disagree. We do not have authority to require such exams.
We received two comments recommending Column 5 of table 46 CFR
10.215 be revised to read, ``may be required to demonstrate physical
ability''.
We agree with the intent of this suggestion. However, we have opted
to remove the ``x'' from the box and add, in its place, the appropriate
paragraph which provides the specific requirement and applicability of
the demonstration of physical ability. This should eliminate some
confusion over who must ``demonstrate physical ability''.
We received one comment recommending revision to 46 CFR 10.215(c)
to allow medical examiners to perform the audiometer/speech
discrimination tests.
We agree and have made the suggested change. Medical examiners who
are qualified to conduct the necessary hearing tests will be authorized
to perform them.
We received one comment requesting an evaluation of 46 CFR
10.215(e) with regard to the Americans with Disabilities Act (ADA), and
to either revise the paragraph or state that the ADA does not apply.
The commenter seems to be concerned that medical examiners will require
the demonstration of physical ability in more places than necessary to
avoid potential lawsuits.
While we agree that this requirement is only mandatory for those
mariners who are not undergoing a medical examination or those whom the
medical examiner believes are physically unable to perform the duties
of a merchant mariner, we do not believe it is appropriate to add the
suggested language into the regulations.
We received one comment stating that the demonstration of physical
ability: (1) Fails to provide sufficient information to ensure
consistent test results, (2) will result in increased cost per
examination, and (3) will increase the time needed to obtain medical
results.
We disagree. The regulations provide general statements of what is
required of the mariner, and additional information is available in
Navigation and Inspection Circular (NVIC) 04-08, which was issued by
the Coast Guard on September 18, 2008. (NVIC 04-08 replaced NVIC 02-98,
incorporating developments and advancements in modern medical practices
as well as improvements in the medical evaluation process.) We
encourage the public to review the discussions of physical ability,
examiner alternatives and current industry practice in the September
29, 2008 notice of availability for the NVIC. 73 FR 56600.
Additionally, this requirement is not going to apply to all
mariners. It will only apply to those mariners whose physical ability
might negatively impact maritime safety, as determined by their medical
examiner during the course of normal physical examination. This
demonstration will save the applicant an investment of time and money
when an unknown medical or physical condition may prevent the issuance
of the credential sought based on ability. It will also assist the
Coast Guard in issuing a credential with certain limitations instead of
denying the credential altogether or requiring additional tests. Both
medical exams and demonstrations of physical ability are currently
practiced and required under STCW Code. This rule clarifies the STCW
requirement for physical ability; it does not alter it in any way.
Based on consultation with medical practitioners, the National Maritime
Center, and the Merchant Marine Personnel Advisory Committee (MERPAC),
the determination of need for and demonstration of physical ability is
part of common medical practice and will not result in a net change in
baseline examination time and costs to industry.
We received one comment stating that the medical examiner is not
the appropriate person to attest the mariner's ability to meet the
demonstration of physical ability, since it is not a medical exam but a
physical agility test.
We disagree. However, we note that it is not necessary for the
actual medical examiner to conduct the demonstration of physical
ability, only that he or she signs for (``attest to'') evaluations
conducted by those within their medical practice.
We received one comment stating that the medical examiner should
not be required to attest in writing to the applicant's ability to
perform non-medical tasks, rather it should be provided by the actual
person performing the evaluation.
We disagree. Medical examiners routinely sign-off for the tests/
exams performed by persons within their practice. This evaluation
should not be different.
We received one comment requesting that language be added requiring
mariners to report changes in their medical condition.
The Coast Guard does not believe it is appropriate to add that
requirement in this rule, as it was not contemplated or proposed in the
SNPRM. In the future, the Coast Guard intends to develop regulations
specifically on the medical requirements for merchant mariners. This
ensures that an adequate review of the requirements can be made by
those impacted by the regulations.
We received two comments recommending 46 CFR 10.215 (b) be revised
to require the color vision test for original issue only.
The Coast Guard does not believe it is appropriate to make this
revision in this final rule. We are limiting the changes made by this
final rule to those medical issues that were proposed in the SNPRM, to
consolidate the various credentials issued by the Coast Guard to
mariners, and to reorganize the regulations governing the applications
for, issuance of, and qualifications for those credentials. As
previously mentioned, the Coast Guard intends to develop regulations
specifically addressing medical requirements for mariners. We will keep
this comment in mind for future reference, as we develop regulations
specifically on the medical requirements for merchant mariners.
We received two comments recommending table 10.215(a) be
[[Page 11205]]
clarified so that hearing, vision, and physical demonstration only be
required if the medical practitioner has concerns.
We agree, in part. The requirements regarding vision will be
checked at each examination, which is a requirement consistent with the
other modes of transportation. The hearing and demonstration of
physical ability will only be required if the medical examiner has
concerns regarding the applicant's medical condition as it relates to a
possible negative impact on maritime safety.
We received two comments recommending that 46 CFR 10.227 be revised
to allow proof of physical proficiency to be submitted on an
alternative to the 719K.
We disagree. At this time, we do not have an alternative form
approved for such use. Those revisions will have to be completed in a
rulemaking process which provides the public with adequate opportunity
to comment.
We received one comment recommending 46 CFR 10.215 be revised to
ensure that the vision and hearing requirements match those on any
proposed medical NVIC.
We agree. Any NVIC must be based upon the regulations which they
clarify, and therefore cannot include reference to requirements outside
of those found in the regulations.
We received one comment recommending 46 CFR 12.05-5 provide a
reference to 46 CFR 10.215.
We agree that such a reference would be appropriate and have made
the suggested change.
P. National Maritime Center
We received one comment recommending 46 CFR 10.217 be revised to
provide the address to the new medical branch of the NMC.
We disagree. Merchant mariner applications will continue to be
submitted to the servicing Regional Examination Centers listed in the
regulations until such time as those requirements are revised through
appropriate notice and comment.
We received one comment stating that 46 CFR 10.217 seems to
contradict the new reorganization of the Mariner Licensing and
Documentation (MLD) Program.
We recognize the inconsistency. The Coast Guard is still in the
process of reorganizing the MLD program. Some of these changes were
recently made in a series of technical amendments to Title 46 of the
CFR. 73 FR 56505.
We received one comment stating that 46 CFR 10.02-17(f) and (g)
appear to give the Officer in Charge of Marine Inspection (OCMI) the
authority to refuse an examination.
This is true. Until the reorganization of the MLD program is
complete, the OCMI will still retain that authority. However, in an
effort to reduce confusion, and in preparation of the reorganization,
we have revised ``OCMI'' to ``Coast Guard''.
Q. Oaths
We received one comment requesting that the oath not be required.
At this time, the Coast Guard is not able to remove the oath
requirement from the regulations, as it is also a statutory requirement
(46 U.S.C. 7105).
R. Pilots
We received one comment stating that the MMC would result in
lowering the standards for pilots.
We disagree. This final rule does not substantially change the
requirements for pilots. The only changes made were based upon changes
in terminology.
We received one comment stating that first class pilot endorsements
were absent from the list of endorsements in 46 CFR 10.109.
We agree and have made the suggested change.
We received three comments stating that 46 CFR 15.812 is confusing,
and possibly implies any officer can fulfill the requirements of a
first class pilot.
We agree that portions of this section are confusing, and have
revised it to ensure the language is consistent with the existing
requirements and comprehensible.
S. Posting of Credential
We received one comment stating that 46 CFR 10.203(c) and (d)
confuses the issue regarding the posting of the document.
We disagree. The posting of the credential is not inconsistent with
this requirement, since the mariner is normally on the vessel with his
or her credential. However, in order to clarify this, we have added a
reference to the posting requirement in 10.203(c).
T. Social Security Numbers
We received one comment requesting that the Social Security Number
(SSN) not be used for recordkeeping purposes as proposed in 46 CFR
10.207.
While we recognize the need to protect the SSN, it still remains
the best method of correlating records on an individual. We will retain
the SSN for internal recordkeeping purposes only.
U. International Convention on the Standards on Training,
Certification, and Watchkeeping for Seafarers, 1978, as Amended (STCW)
We received one comment recommending 46 CFR 10.205(f) be deleted
because it is unnecessarily confusing.
We disagree. This language is consistent with our existing
requirements; changing it is outside the scope of this project. This
change will be considered, in a separate rulemaking titled
``Implementation of the 1995 Amendments to the International Convention
on Standards of Training, Certification and Watchkeeping for Seafarers,
1978.''
We received one comment recommending that the date, January 31,
1997, referenced in 46 CFR 11.1005 be removed. We agree with this
comment and have made the suggested change.
We received one comment expressing concern that 46 CFR 12.02-7 may
be in error and that there may be additional vessels greater than 200
GRT/1000 Hp to which STCW applies.
We disagree. This language was carried over exactly from the
existing requirements located at 46 CFR 12.02-7.
We received two comments seeking clarification for why the dates
were left in 12.05-3(b) and 12.15-3, and not in 12.05-3(c) and 12.15-
3(e).
These dates were retained because removing them would have amounted
to a substantive change to the regulations, which is outside the scope
of this rulemaking. This revision will be considered, in a separate
rulemaking titled ``Implementation of the 1995 Amendments to the
International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, 1978.''
V. Training
We received one comment stating there is an inconsistency in 46 CFR
11.304 between the requirements for Officer in Charge of Navigational
Watch (OICNW) and Officer in Charge of Engineering Watch (OICEW)
regarding onboard training.
While we agree there is an inconsistency, it is not accidental.
These requirements are inconsistent because the requirements for OICNW
and OICEW within the STCW are different.
W. Integration With TWIC
We received one comment asking why a TWIC was required in both
11.304(g) and (h).
While drafting the SNPRM, the TWIC requirement was added because it
was
[[Page 11206]]
thought that an identity document would be necessary to determine the
identity of each individual involved in the training process. However,
upon reflection, there is no need to require the number of the TWIC be
included for the identity of the individual, especially since not
everyone involved in the training will hold a TWIC. We have, therefore,
removed it from this final rule.
We received four comments expressing concern that the delay in the
issuance of the TWIC could and should delay the issuance of the MMC.
We disagree. While there may be a delay in fully implementing all
of the provisions within the MMC rule, such as the sharing of
information between TSA and Coast Guard, once the credential is ready
to be issued by the Coast Guard, it would be appropriate to move
forward with the rule. As such, we have included language in this final
rule that was not included in the SNPRM, that will allow the Coast
Guard to issue MMCs, continue performing full background checks (for
both safety and security), and require the appearance of the mariner in
person for application of new and renewal MMCs, even before the
regulatory requirement for mariners to obtain a TWIC is passed.
We received one comment stating that an automatic revocation of the
MMC is inappropriate when the TWIC is invalidated and proposed a
temporary suspension.
We agree. There will not be an automatic revocation of an MMC when
the TWIC is denied or has been revoked. Any action against the MMC will
be taken through the existing Suspensions and Revocations (S&R)
procedure. However, because a mariner who lacks a valid TWIC will not
be permitted unescorted access to secure areas, this will likely
preclude performance of normal job functions on a vessel regulated by
33 CFR part 104.
We received one comment stating that the TWIC should not be a
requirement for the issue or reissue of an MMC.
We disagree. Statute requires all mariners who are credentialed by
the Coast Guard to hold a transportation security card (46 U.S.C.
70105). Further, the statute specifically includes all mariners engaged
on towing vessels, which would include the unlicensed deckhands on
inland towing vessels.
We received one comment requesting that we wait a full 5 years
before suspending or revoking a mariner's credential for failing to
hold a TWIC.
We disagree. The TWIC final rule requires a mariner holding a
credential issued by the Coast Guard to apply for and activate a TWIC
prior to April 15, 2009. After this date, a mariner failing to hold a
TWIC would be in violation of this requirement, and the Coast Guard may
begin suspension and revocation (S&R) proceedings.
We received one comment asking us to ensure that S&R proceedings
against an MMC would not begin until the appeals regarding the TWIC
have been exhausted.
We disagree. Under normal circumstances, S&R proceedings will not
begin until all appeals regarding the TWIC have been completed.
However, if the Coast Guard is provided with information considered
sufficient to justify a temporary suspension of the MMC, then that
action will be started immediately.
We received one comment asking if mariners will be able to serve
during times of national need without a TWIC. At this time, 46 U.S.C.
70105 does not provide flexibility to allow a mariner to serve without
a TWIC.
We received one comment stating that 10.235(h) contradicted the
preamble language for appeals.
While we note that the language in the rule is not the same as the
language in the preamble, the preamble also states that, if the
situation warrants, we would pursue temporary suspension under 46
U.S.C. 7702, which also is not specifically detailed in the
regulations. See discussion under ``4. Appeals'' at 72 FR 3609.
We received one comment recommending that Sec. 15.401 be amended
to include the abbreviation for TWIC following the phrase. We have made
the suggested edit.
We received one comment recommending that language be added to
Sec. 15.720(a) clearly stating that foreign persons would be subject
to the escorting requirements in the TWIC regulations.
While we agree that these foreign individuals are only allowed to
be used in foreign waters when U.S. citizens are unavailable to fill
those positions, we have not made the suggested change. The appropriate
revision would be to add a requirement that the crew be replaced with
U.S. citizens with the appropriate credentials before returning to a
United States port. Such a change, however, would go beyond what was
included in either the NPRM or the SNPRM. We will keep this suggestion
in mind for future rulemaking projects in this area.
We received one comment stating opposition to TSA being involved in
the credentialing of mariners; this opposition included their
involvement in the background checks.
This comment is beyond the scope of this rulemaking, as the
function to administer 46 U.S.C. 70105 (the TWIC requirement) was
delegated to TSA, not the Coast Guard.
We received one comment expressing opposition to the Coast Guard in
not reviewing TSA's decisions regarding the TWIC.
We disagree. It is not appropriate for the Coast Guard to review or
duplicate TSA's performance in conducting the security vetting, as well
as the possible appeals associated with any TWIC denial. TSA has
provided opportunity in its regulations for independent review, by an
Administrative Law Judge, of any adverse decisions in regard to the
TWIC.
X. Questions Outside the Scope of This Rulemaking
We received a number of comments that the Coast Guard determined to
be outside the scope of this rulemaking. These comments were forwarded
to the appropriate organizations for consideration in future regulatory
actions.
VI. Regulatory Evaluation
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analysis
based on 13 of these statutes or executive orders.
A. Executive Order 12866
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. A final Regulatory Evaluation follows:
This 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 will 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; wherever possible, this rulemaking will not change
these qualification requirements. This rulemaking will combine the
elements of the Merchant Mariner's License, Merchant Mariner's Document
[[Page 11207]]
(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 rulemaking project was developed in conjunction with a joint
rulemaking project, published by the Coast Guard and the Transportation
Security Administration, titled ``Transportation Worker Identification
Credential (TWIC) Implementation in the Maritime Sector; Hazardous
Materials Endorsement for a Commercial Driver's License'' (the ``TWIC
rule''; RIN: 1652-AA41). The final rule for that joint project was
published on January 25, 2007, in the same issue of the Federal
Register as the SNPRM for this project.
The TWIC rule implemented the requirements of 46 U.S.C. 70105 and
requires all merchant mariners holding an active License, MMD, COR, or
STCW Endorsement to hold a TWIC. The TWIC is a biometric identification
card, and will serve as the mariner's primary identity document while
in U.S. waters. With this final rule, the MMD, License, COR, and STCW
Endorsement will be consolidated into the MMC, which will serve as the
mariner's qualification document, as well as an identity document
(though the latter primarily when the mariner is serving outside of
U.S. waters). All current qualification and suitability requirements
associated with Licenses, MMDs, STCW Endorsements, and CORs remain the
same, with only minor exceptions.
Prior to the effective date of this final rule, all four
credentials (MMD, License, COR, and STCW Endorsement) were 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 required at least two visits to an REC. During the first
visit, an applicant had to 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 had satisfied all other requirements for the particular
credential sought, an REC issued the credential to the applicant. For
first time applicants, this required a return trip to the REC to
retrieve their credential and take an oath to faithfully perform all
duties required of them by law. Individuals renewing credentials did
not need to restate the oath and could receive their renewed
credentials by mail. However, all applicants, those seeking new
credentials as well as those seeking to renew their credentials, had to
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, License, COR, or STCW Endorsement. In order for an
applicant to receive a TWIC, the applicant is required to travel to a
designated TWIC enrollment center to submit fingerprints, proof of
identity, and legal presence in the U.S. A background check is
conducted to determine that the applicant is not a security risk. Once
an applicant has been approved, the applicant must return to the TWIC
enrollment center to pick up the TWIC and prove their identity by a
one-to-one match of the applicant's fingerprint against the electronic
fingerprint template stored on the card.
Soon, TSA will submit to the Coast Guard the applicant's
fingerprints, photograph, proof of citizenship, proof of legal presence
in the U.S., and FBI number and any criminal record (if applicable)
provided with the individual's TWIC application.
Since the applicant's fingerprints, photograph and proof of
citizenship, and identity will have been verified by TSA and submitted
to the Coast Guard, this final rule removes the requirement for a
merchant mariner to travel to an REC to submit this information to an
REC employee. In addition to allowing the merchant mariner to mail in
their application, this rule will also allow new applicants to mail in
their notarized oath, which would be a nominal cost to the applicant.
This will remove the requirement for a second trip to the REC to pick
up their card and take the oath. This rulemaking creates the
possibility for a mariner to receive his or her MMC entirely through
the mail.
Written examinations will still occur at RECs, and the RECs will
remain accessible to mariners should they choose to seek their services
in person.
This rulemaking will 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 rulemaking.
Baseline Population
The Coast Guard data for the number of affected merchant mariners
came from the 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 this rulemaking the applicants
will only apply for a single credential (the MMC) and as a result will
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 (such as both an MMD and
a License), will 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 within a five-year span. The issuance of the
MMC will require mariners to track and update only one document and
will potentially eliminate the need to travel to an REC entirely. This
will 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 will not only
receive a benefit from reduced application fees, but also from fewer,
if any, trips to a 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 rulemaking will allow mariners to apply for
an
[[Page 11208]]
MMC at the time that their current credentials expire, which will
essentially phase in the MMC over a five-year period. Since all
currently issued credentials are valid for five-year periods, all
mariners will 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 will instead be issued an MMC,
which will reflect all of their qualifications in the form of
endorsements on the MMC. This will allow mariners to apply over a
longer period of time and will 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 will 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 rulemaking will 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
will provide greater flexibility to mariners by allowing them to apply
for an MMC at the time they choose.
In a separate Coast Guard rulemaking document, 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 estimated that there would be many more TWIC enrollment centers
than Coast Guard RECs (we now know that number will be 149 vice 17
RECs). By allowing mariners to visit TWIC enrollment centers instead of
RECs, this rule will provide a potential benefit for many mariners by
reducing the travel costs and time currently required to receive a
credential.
In the separate rulemaking document (referenced above), 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 was given as $387. The estimated cost to mariners for overnight
roundtrip travel was $911. Applicants who live distances greater than
200 miles and must travel for more than one night were determined to
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 will decrease or remain the
same and will serve to provide more flexibility to mariners. As there
will be more TWIC enrollment centers than RECs, the distance required
and the amount of time spent traveling will be reduced for most
mariners. Based on the percentages above, 60 percent of the mariners
that live within one-day roundtrip travel will 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 will
potentially receive an even greater benefit in travel cost savings from
this rule.
In addition to these benefits, the removal of the issuance fee for
continuity documents will provide mariners who choose to apply for a
continuity document a savings of $45.
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will 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 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 rule will
not have a significant economic impact on a substantial number of U.S.
small entities.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking. If this rule
will affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the individuals listed 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). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
D. Collection of Information
This rule calls for a collection of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 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. However, the changes from this rule
which require modification of these collections of information will not
go into effect until after April 15, 2009, when TSA begins sharing TWIC
enrollment information with the Coast Guard. A number of policy
decisions must be made before the changes to those collections can be
finalized, such as how the information will be transferred from TSA to
the Coast Guard, methods of submission for mariners, and the format of
a new application form once Coast Guard is receiving information from
TSA. Because these regulatory changes will not go into effect
immediately, approval for revisions to these OMB Control Numbers will
not be submitted to OMB
[[Page 11209]]
until these policy decisions have been made.
The changes made by this rule that go into effect in 30 days are
burden neutral, and as such do not require immediate revision to the
collections of information listed above.
You are not required to respond to a collection of information
unless it displays a currently valid OMB control number.
E. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on state or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them.
We have analyzed this rule under that Order and have determined
that it does not have implications for federalism.
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. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
G. Taking of Private Property
This 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. Civil Justice Reform
This 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. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or safety that may disproportionately
affect children.
J. Indian Tribal Governments
This 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. Energy Effects
We have 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 because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy.
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 rule does not use technical standards. Therefore, the Coast
Guard did not consider the use of voluntary consensus standards.
M. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 0023.1 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded under section 2.B.2
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
checklist 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.
[[Page 11210]]
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
Incorporation by reference, Penalties, Reporting and recordkeeping
requirements, Seamen, Transportation Worker Identification Card.
46 CFR Part 11
Incorporation by reference, Penalties, Reporting and recordkeeping
requirements, Schools, Seamen.
46 CFR Part 12
Incorporation by reference, 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.
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.
0
For the reasons listed in the preamble, the Coast Guard amends 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
0
1. The authority citation for part 1 continues to read as follows:
[[Page 11211]]
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]
0
2. In Sec. 1.08-5(b)(1), after the word ``licensed'', add the words
``or credentialed''.
Sec. 1.25-1 [Amended]
0
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
0
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.
0
5. In Sec. 20.102--
0
a. In the definition for ``Complaint'', after the word ``merchant'',
add the words ``mariner credential,'';
0
b. In the definition for ``Suspension and revocation proceeding or S&R
proceeding'', after the words ``merchant mariner's'', add the word
``credential,''; and
0
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]
0
6. In Sec. 20.904--
0
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'';
0
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'';
0
c. In paragraph (f) introductory text, after the words ``revocation of
a'', add the words ``credential, endorsement,''; and
0
d. In paragraph (f)(1), after the words ``issuance of a new'' remove
the words ``license, certificate, or document'' and add, in their
place, the words ``merchant mariner credential with appropriate
endorsement''.
Sec. 20.1201 [Amended]
0
7. In Sec. 20.1201--
0
a. In paragraph (a), remove the words ``merchant mariner's license,
certificate of registry, or document'' and add, in their place, the
words ``mariner's credential'';
0
b. In paragraph (b) introductory text, before the words ``license,
certificate, or document'', add the words ``merchant mariner
credential,''; and
0
c. In paragraph (b)(2)(ii), after the words ``renewal of the'', add the
words ``merchant mariner credential,''.
Sec. 20.1202 [Amended]
0
8. In Sec. 20.1202(a), before the words ``license, certificate of
registry, or document'', add the word ``credential,''.
Sec. 20.1205 [Amended]
0
9. In Sec. 20.1205--
0
a. In the section heading, before the words ``license, certificate of
registry, or document'', add the words ``merchant mariner
credential,'';
0
b. In paragraph (a), after the words ``move that his or her'', add the
words ``merchant mariner credential,''; and
0
c. In paragraph (b), after the words ``return of the suspended'', add
the word ``credential,''.
Sec. 20.1307 [Amended]
0
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
0
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 Revocation of merchant mariner credential officer
endorsement or license.
0
12. In Sec. 70.05-10--
0
a. Revise the section heading as set forth above; and
0
b. In the text, 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
0
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]
0
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]
0
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
0
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.
0
17. In Sec. 101.105--
0
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
0
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.
* * * * *
[[Page 11212]]
PART 110--ANCHORAGE REGULATIONS
0
18. Revise the authority citation for part 110 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]
0
19. In Sec. 110.186(b)(3), after the word ``licensed'', add the words
``or credentialed''.
Sec. 110.188 [Amended]
0
20. In Sec. 110.188(b)(10), after the word ``licensed'', add the words
``or credentialed''.
Sec. 110.214 [Amended]
0
21. In Sec. 110.214(a)(3)(i), after the word ``licensed'' add the
words ``or credentialed''.
PART 141--PERSONNEL
0
22. Revise the authority citation for part 141 to read as follows:
Authority: 43 U.S.C. 1356; 46 U.S.C. 70105; 49 CFR 1.46(z).
Sec. 141.5 [Amended]
0
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''.
0
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]
0
25. In Sec. 141.25--
0
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
0
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''.
0
26. In Sec. 141.30--
0
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'';
0
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
0
c. In paragraph (b), remove the words ``Immigration and Naturalization
Service'' and add, in their place, the words ``Immigration and Customs
Enforcement Agency''; and
0
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]
0
27. In Sec. 141.35(a)(1), after the words ``merchant mariner's
document'', add the words ``, Transportation Worker Identification
Credential,''.
PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION
REGULATIONS FOR VESSELS
0
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
Public Law 101-380.
0
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.
0
30. In Sec. 155.710--
0
a. In paragraph (a)(2), after the word ``license'', add the words ``or
officer endorsement'';
0
b. Revise paragraph (e)(1) to read as set out below;
0
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
0
d. In paragraph (g), after the words ``need not hold any of the'', add
the words ``merchant mariner credentials,''.
Sec. 155.710 Qualifications of person in charge.
* * * * *
(e) * * *
(1) On each inspected vessel required by 46 CFR chapter I to have
an officer aboard, holds a valid license or merchant mariner credential
issued under 46 CFR chapter I, subchapter B, authorizing service as a
master, mate, pilot, engineer, or operator aboard that vessel, or holds
a valid merchant mariner's document or merchant Mariner credential
endorsed as Tankerman-PIC;
* * * * *
Sec. 155.815 [Amended]
0
31. In Sec. 155.815(b), after the word ``licensed'' add the words ``or
credentialed''.
PART 156--OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS
0
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]
0
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
0
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]
0
35. In Sec. 160.113(b)(4), remove the word ``licensed''.
PART 162--INLAND WATERWAYS NAVIGATION REGULATIONS
0
36. Revise the authority citation for part 162 to read as follows:
Authority: 33 U.S.C. 1231; Department of Homeland Security
Delegation No. 0170.1.
0
37. Add a new Sec. 162.5 to read as follows:
Sec. 162.5 Definitions.
The following definition applies to this part:
[[Page 11213]]
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.
0
38. In Sec. 162.130(c), revise the definition for ``Master'' to read
as follows;
Sec. 162.130 Connecting waters from Lake Huron to Lake Erie; general
rules.
* * * * *
(c) * * *
Master means the master or operator, the person designated by the
master or operator to navigate the vessel, or, on a vessel not
requiring persons holding licenses or merchant mariner credential
officer endorsements, the person in command of the vessel.
* * * * *
PART 163--TOWING OF BARGES
0
39. The authority citation for part 163 continues to read as follows:
Authority: 33 U.S.C. 152, 2071; 49 CFR l.46(n).
Sec. 163.01 [Amended]
0
40. In Sec. 163.01(b), after the word ``license'', add the words ``or
merchant mariner credential''.
0
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
0
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.
0
43. In Sec. 164.13--
0
a. In paragraph (b), remove the words ``a licensed engineer'' and add,
in their place, the words ``an engineer with an appropriately endorsed
license or merchant mariner credential''; and
0
b. Revise paragraph (c) to read as follows:
Sec. 164.13 Navigation underway: tankers.
* * * * *
(c) Each tanker must navigate with at least two deck officers with
an appropriately endorsed license or merchant mariner credential on
watch on the bridge, one of whom may be a pilot. In waters where a
pilot is required, the second officer, must be an individual holding an
appropriately endorsed license or merchant mariner credential and
assigned to the vessel as master, mate, or officer in charge of a
navigational watch, who is separate and distinct from the pilot.
* * * * *
0
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 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
0
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.
0
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]
0
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]
0
48. In Sec. 165.153(d)(6) and (d)(7), remove the word ``licensed''
wherever it appears.
Sec. 165.810 [Amended]
0
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]
0
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
0
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.
0
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
[[Page 11214]]
credential that serves as the mariner's qualification document,
certificate of identification, and certificate of service.
Sec. 1.01-10 [Amended]
0
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.''
0
54. In Sec. 1.01-15--
0
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
0
b. Revise paragraph (b) to read as follows:
Sec. 1.01-15 Organization; Districts; National Maritime Center.
* * * * *
(b) The Officers in Charge, Marine Inspection, in the Coast Guard
districts, under the supervision of the District Commanders, and the
Officer in Charge, Activities Europe, under the supervision of the
Atlantic Area Commander are in charge of the marine inspection offices
in the various ports and have command responsibilities with assigned
marine safety zones for the performance of duties with respect to the
inspection, enforcement and administration of navigation and vessel
inspection laws, and rules and regulations governing marine safety. The
Officer in Charge, Marine Inspection, has been designated and delegated
to give immediate direction to Coast Guard activities relating to
marine safety functions consisting of inspection of vessels in order to
determine that they comply with the applicable laws, rules, and
regulations relating to construction, equipment, manning and operation,
and to be satisfied that such vessels are in seaworthy condition for
the services in which such vessels are to be operated; shipyard
inspections; factory inspections of materials and equipment for
vessels; credentialing shipment and discharge of seaman; investigations
of marine casualties and accidents; investigations of violations of
law; negligence, misconduct, unskillfullness, incompetence or
misbehavior of persons holding credentials issued by the Coast Guard;
initiations of actions seeking suspension or revocation under 46 U.S.C.
chapter 77 of credentials held by persons, and presentation of cases at
hearings before Administrative Law Judges; and the enforcement of
navigation, vessel inspection and seaman laws in general.
* * * * *
Sec. 1.01-25 [Amended]
0
55. In Sec. 1.01-25--
0
a. In paragraph (b)(1), remove the words ``licenses, certificates, or
documents'' and add, in their place, the word ``credentials''; and
0
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
0
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.
0
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]
0
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]
0
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
0
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]
0
61. In Sec. 5.3, remove the words ``licenses, certificates or
documents'' and add, in their place, the words ``credentials or
endorsements''.
Sec. 5.5 [Amended]
0
62. In Sec. 5.5, remove the word ``certification'' and add, in its
place, the words ``certificate, merchant mariner credential,
endorsement,''.
Sec. 5.19 [Amended]
0
63. In Sec. 5.19(b), remove the words ``license, certificate or
document'' and add, in their place, the words ``credential or
endorsement''.
0
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]
0
65. In Sec. 5.55(a) introductory text, remove the words ``license,
certificate or document'' and add, in their place, the word
``credential''.
0
66. In Sec. 5.57--
0
a. Revise the section heading and paragraph (b) to read as set out
below;
0
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
0
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
[[Page 11215]]
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]
0
67. In Sec. 5.59--
0
a. In the section heading, remove the words ``licenses, certificates or
documents'' and add, in their place, the words ``credentials or
endorsements''; and
0
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]
0
68. In Sec. 5.61--
0
a. In the section heading, remove the words ``licenses, certificates or
documents'' and add, in their place, the word ``credentials''; and
0
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]
0
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]
0
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]
0
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]
0
72. In Sec. 5.201(a), (b) introductory text, (b)(4), (c) introductory
text, and (d), remove the words ``license, certificate, or document''
and add, in their place, the words ``credential or endorsement''.
Sec. 5.203 [Amended]
0
73. In Sec. 5.203(a), (b) introductory text, (b)(2), and (c), remove
the words ``license, certificate or document'' and add, in their place,
the words ``credential or endorsement''.
Sec. 5.205 [Amended]
0
74. In Sec. 5.205--
0
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
0
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]
0
75. In Sec. 5.501, remove the words ``license, certificate of
registry, or document'' and add, in their place, the words ``credential
or endorsement''.
Sec. 5.521 Verification of credential or endorsement.
0
76. In Sec. 5.521--
0
a. Revise the section heading as set forth above;
0
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
0
c. In paragraph (b), remove the words ``license, certificate, or
document'' and add, in their place, the word ``credential''.
Sec. 5.567 [Amended]
0
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 word ``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]
0
78. In Sec. 5.707--
0
a. In the section heading, remove the words ``license, certificate, or
document'' and add, in their place, the words ``credential or
endorsement'';
0
b. In paragraph (a), remove the words ``license, certificate or
document'' wherever they appear and add, in their place, the words
``credential or endorsement'';
0
c. In paragraph (c), remove the words ``document or license'' and add,
in their place, the words ``credential or endorsement'';
0
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'';
0
e. In paragraph (e), remove the word ``document'' and add, in its
place, the words ``credential or endorsement''; and
0
f. In paragraph (f), remove the word ``documents'' and add, in its
place, the word ``credential''.
Sec. 5.713 [Amended]
0
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]
0
80. In Sec. 5.715--
0
a. In the section heading, remove the words ``document and/or license''
and add, in their place, the words ``credential and/or endorsement'';
0
b. In paragraph (a), remove the words ``document or license'' and add,
in their place, the words ``credential and/or endorsement''; and
0
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]
0
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]
0
82. In Sec. 5.901(a), (c), and (e), remove the words ``license,
certificate or document'' wherever they appear and add, in their place,
the words ``credential or endorsement''; and in paragraph (d)
introductory text, remove the words ``license, certificate, or
document'' wherever they appear and add, in their place, the words
``credential or endorsement''.
Sec. 5.903 [Amended]
0
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]
0
84. In Sec. 5.905(b), remove the words ``license, certificate or
document'' and add, in their place, the words ``credential or
endorsement''.
[[Page 11216]]
PART 10--MERCHANT MARINER OFFICERS AND SEAMEN
0
85. Revise the authority citation for part 10 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]
0
86. Redesignate part 10, consisting of Sec. Sec. 10.101 through
10.1105, as part 11, Sec. Sec. 11.101 through 11.1105.
0
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.
10.214 Security Check.
10.215 Medical and physical requirements.
10.217 Merchant mariner credential application and examination
locations.
10.219 Fees.
10.221 Citizenship.
10.223 Modification or removal of limitations or scope.
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 raises of grade or 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-5221), 2100 Second Street SW., Washington, DC 20593-0001, 202-372-
1405 and is available from the sources indicated in this section.
(b) International Maritime Organization (IMO), 4 Albert Embankment,
London SE1 7SR, England, telephone: + 44 (0)20 7735 7611, http://www.imo.org:
(1) The STCW--International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended 1995
(the STCW Convention or the STCW), incorporation by reference approved
for Sec. Sec. 10.107, 10.109, and 10.231.
(2) The Seafarers' Training, Certification and Watchkeeping Code,
as amended 1995 (the STCW Code), incorporation by reference approved
for Sec. Sec. 10.107, 10.109, 10.227, and 10.231.
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:
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
[[Page 11217]]
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 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
[[Page 11218]]
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.
Large passenger vessel means a vessel of more than 70,000 gross
tons, as measured under 46 U.S.C. 14302 and documented under the laws
of the United States, with capacity for at least 2,000 passengers and a
coastwise endorsement under 46 U.S.C. chapter 121.
Liquefied gas or LG means a cargo that has a vapor pressure of 172
kPa (25 psia) or more at 37.8 [deg]C (100 [deg]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.
Non-resident alien means an alien, as defined under Section
101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) (the Act), who is not lawfully admitted for permanent residence,
as defined by Section 101(a)(20) of the Act, but who is employable in
the United States under the Act and its implementing regulations,
including an alien crewman described in section 101(a)(15)(D)(i) of the
Act who meets the requirements of 46 U.S.C. 8103(k)(3)(A).
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.
Operate, operating, or operation, as applied to the manning
requirements of vessels carrying passengers, refers to a vessel any
time 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
[[Page 11219]]
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. See 46 CFR 10.211 and
10.213 for the regulations associated with this definition.
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.
Steward's department means the department that includes
entertainment personnel and all service personnel, including wait
staff, housekeeping staff, and galley workers, as defined in the vessel
security plan approved by the Secretary under 46 U.S.C. 70103(c). These
personnel may also be referred to as members of the hotel department on
a large passenger vessel.
STCW means the International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended 1995
(incorporated by reference in Sec. 10.103).
STCW Code means the Seafarer's Training, Certification and
Watchkeeping Code, as amended 1995 (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. 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
[[Page 11220]]
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.
Vessel Security Officer (VSO) means a person onboard the vessel
accountable to the Master, designated by the Company as responsible for
security of the vessel, including implementation and maintenance of the
Vessels Security Plan, and for liaison with the Facility Security
Officer and the vessel's Company Security Officer.
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) Operator of uninspected passenger vessels (OUPV);
(13) Master of uninspected fishing industry vessels;
(14) Mate of uninspected fishing industry vessels;
(15) Master of offshore supply vessels;
(16) Chief mate of offshore supply vessels;
(17) Mate of offshore supply vessels;
(18) Chief engineer;
(19) Chief engineer (limited);
(20) Chief engineer (limited-ocean);
(21) Chief engineer (limited-near-coastal);
(22) First assistant engineer;
(23) Second assistant engineer;
(24) Third assistant engineer;
(25) Assistant engineer (limited);
(26) Designated duty engineer (DDE);
(27) Chief engineer offshore supply vessel;
(28) Engineer offshore supply vessel;
(29) Chief engineer MODU;
(30) Assistant engineer MODU;
(31) Chief engineer uninspected fishing industry vessels;
(32) Assistant engineer uninspected fishing industry vessels;
(33) Radio officer;
(34) First class pilot
(35) Chief purser;
(36) Purser;
(37) Senior assistant purser;
(38) Junior assistant purser;
(39) Medical doctor;
(40) Professional nurse;
(41) Marine physician assistant;
(42) Hospital corpsman; and
(43) Radar observer.
(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:
(i) Any waters, unlimited;
(ii) Limited;
(iii) Special; and
(iv) Special (OSV).
(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; and
(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-4610),
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 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
[[Page 11221]]
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 April 15, 2014.
(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 as
identified in 33 CFR 101.515(d). Posting of the officer endorsement may
be necessary as required in 46 U.S.C. 7110.
(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 as identified in 33 CFR 101.515(d).
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). (i) Beginning on April 15, 2009, 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 United States citizenship, or Nationality with
proof of legal resident status (if applicable). If the information is
not available from TSA, the mariner may be required to
[[Page 11222]]
visit a Regional Exam Center to provide this information.
(ii) Until April 15, 2009, no application for an MMC or endorsement
will be considered complete until the applicant appears at a Regional
Exam Center to provide the following information: the applicant's
fingerprints, photograph, proof of United States citizenship, or
Nationality with proof of legal resident status (if applicable).
(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. Beginning April 15,
2009, 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
convictions not previously disclosed to the Coast Guard on an
application.
(b) A criminal record review is not required for applicants seeking
a duplicate MMC under Sec. 10.229.
(c) Fingerprints. Beginning September 25, 208, 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,
or the fingerprints taken by the Coast Guard at an REC, 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 disapproved.
(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
----------------------------------------------------------------------------------------------------------------
Assessment periods
Crime \1\ -----------------------------------------------------------------------
Minimum Maximum
----------------------------------------------------------------------------------------------------------------
Assessment Periods for Officer and Rating Endorsements
----------------------------------------------------------------------------------------------------------------
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 fatality........... 1 year............................ 5 years.
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\
----------------------------------------------------------------------------------------------------------------
[[Page 11223]]
Dangerous Drug Offenses \3\ \4\ \5\
----------------------------------------------------------------------------------------------------------------
Trafficking (sale, distribution, 5 years........................... 10 years.
transfer).
Dangerous drugs (Use or possession)..... 1 year............................ 10 years.
Other dangerous drug convictions \6\
----------------------------------------------------------------------------------------------------------------
Assessment Periods for Officer Endorsements Only
----------------------------------------------------------------------------------------------------------------
Criminal Violations of Environmental Laws
----------------------------------------------------------------------------------------------------------------
Criminal violations of environmental 1 year............................ 10 years.
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) in 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
[[Page 11224]]
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;
(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. The Coast Guard will consider non-drug or alcohol
related NDR-listed convictions that are more than three years old from
the date of the request when the information relates to a current
suspension or revocation of the applicant's license to operate a motor
vehicle.
Table 10.213(c)--Guidelines for Evaluating Applicants for MMCs Who Have
NDR Motor Vehicle Convictions Involving Dangerous Drugs or Alcohol \1\
------------------------------------------------------------------------
Date of
Number of convictions conviction Assessment period
------------------------------------------------------------------------
1............................. Less than 1 year. 1 year from date of
conviction.
1............................. More than 1, less Application will be
than 3 years. 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 Not necessary unless
old. suspension or
revocation is still
in effect.
2 or more..................... Any less than 3 1 year since last
years old. 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 Application will be
years old. 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. 10.214 Security Check.
Until April 15, 2009, the Coast Guard may conduct a security check
on an applicant for an MMC, utilizing the criminal record review
discussed in Sec. 10.211 of this part.
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
[[Page 11225]]
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.
Table 10.215(a)--Medical and Physical Requirements for Mariner Endorsements \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Demonstration of physical
Credential Vision test Hearing test General medical exam ability
--------------------------------------------------------------------------------------------------------------------------------------------------------
(i) Deck officer, including pilot. Sec. 10.215(b)(1).......... Sec. 10.215(c)............ Sec. 10.215(d)(1)......... Sec. 10.215(e)(1)
(ii) Engineering officer.......... Sec. 10.215(b)(2).......... Sec. 10.215(c)............ Sec. 10.215(d)(1)......... Sec. 10.215(e)(1)
(iv) Radio officer................ Sec. 10.215(b)(2).......... Sec. 10.215(c)............ Sec. 10.215(d)(1)......... Sec. 10.215(e)(1)
(v) Offshore installation manager, Sec. 10.215(b)(2).......... Sec. 10.215(c)............ Sec. 10.215(d)(1)......... Sec. 10.215(e)(1)
barge supervisor, or ballast
control operator.
(vi) Able seaman.................. Sec. 10.215(b)(1).......... Sec. 10.215(c)............ Sec. 10.215(d)(1)......... Sec. 10.215(e)(1)
(vii) QMED........................ Sec. 10.215(b)(2).......... Sec. 10.215(c)............ Sec. 10.215(d)(1)......... Sec. 10.215(e)(1)
(viii) RFPNW...................... Sec. 10.215(b)(1).......... Sec. 10.215(c)............ Sec. 10.215(d)(1)......... Sec. 10.215(e)(1)
(ix) RFPEW........................ Sec. 10.215(b)(2).......... Sec. 10.215(c)............ Sec. 10.215(d)(1)......... Sec. 10.215(e)(1)
(x) Tankerman..................... Sec. 10.215(b)(2).......... Sec. 10.215(c)............ Sec. 10.215(d)(1)......... Sec. 10.215(e)(1)
(xi) Food handler serving on ............................. ............................ Sec. 10.215(d)(2)......... .........................
vessels to which STCW does not
apply.
(xii) Food handler serving on ............................. ............................ Sec. 10.215(d)(2)......... Sec. 10.215(e)(1)
vessels to which STCW applies.
(xiii) Ratings, including entry ............................. ............................ ............................ Sec. 10.215(e)(2)
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 14-, 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, if not
qualified to conduct the appropriate examinations, 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;
[[Page 11226]]
(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 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 any of the Regional Examination
Centers. Applicants may contact the National Maritime Center at 100
Forbes Drive, Martinsburg, WV 25404, or by telephone 1-888-427-5662 or
304-433-3400. A list of Regional Examination Center locations is
available through the Coast Guard Web site at http://www.uscg.mil/stcw.
(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 . . .
----------------------------------------------------------------------------------------------------------------
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 qualified 95...................... 140.................... 45
rating.
Upgrade or Raise of Grade........... 95...................... 140.................... 45
Renewal endorsement for ratings 50...................... n/a.................... 45
other than qualified ratings.
Renewal endorsement for qualified 50...................... 45..................... 45
rating.
STCW certification:
Original........................ No fee.................. No fee................. No fee
Renewal......................... No fee.................. No fee................. No fee
[[Page 11227]]
Reissue, replacement, and duplicate. n/a..................... n/a.................... \1\ $45
----------------------------------------------------------------------------------------------------------------
\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.
(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. Mailed
payments should specify the type of credential sought and the type of
fee (e.g., evaluation, examination, issuance) being paid. The address
for sending payment by mail can be found at http://www.uscg.mil/stcw/ldcr-userfees.htm.
(4) Checks or money orders are to be made payable to the U.S. Coast
Guard, and the full legal name and last four digits of applicant's
security number must appear on the front of each check or money order.
(5) Fee payment may be made by electronic payment in a manner
specified by the Coast Guard. For information regarding current forms
of electronic payment, go to http://www.uscg.mil/stcw/ldcr-userfees.htm.
(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, 100
Forbes Drive, Martinsburg, WV 25404, 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, except as noted in Sec.
12.40-11 of this subchapter, must be either:
(i) A citizen of the United States;
(ii) An alien, as defined under Section 101(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) (the Act), who
is lawfully admitted to the United States for permanent residence, as
defined by Section 101(a)(20) of the Act.; or
(iii) A foreign national who is enrolled in the United States
Merchant Marine Academy (USMMA).
[[Page 11228]]
(b) Beginning April 15, 2009, 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). Until April 15, 2009, proof of citizenship or alien
status must be submitted by appearing at a Regional Exam Center.
(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) U.S. passport (expired or unexpired);
(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) of
this section, 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), the individual must provide
an original unexpired foreign passport and an original of any one of
the following documents:
(i) Permanent resident card (form I-551) 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) of this section, proof of enrollment
in the United States Merchant Marine Academy (USMMA) in the form of 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, 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) of this section, 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) Beginning April 15, 2009, 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) Beginning April 15, 2009, proof that the mariner either holds a
valid TWIC or has applied for a TWIC;
(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
[[Page 11229]]
(incorporated by reference, see Sec. 10.103).
(4) The appropriate fee as set forth in Sec. 10.219 of this part;
(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) 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;
(7) 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.
(8) 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
(9) The oath as required in paragraph (c) of this section.
(c) Oath. Every person who receives an original MMC must first take
an oath, before an official authorized to give such an 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.
(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) Beginning April 15, 2009, 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, 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 paragraph (d)(8)(viii) of this section,
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
evidence of a currently valid license as first or second-class
radiotelegraph operator issued by the Federal Communications
Commission. If submitted, the original 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 (incorporated by reference in
Sec. 10.103).
[[Page 11230]]
(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 re-issuance 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
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 re-
issuing 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, beginning April 15, 2009, the validity of the
mariner's 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 April 15, 2014, 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) Beginning April 15, 2009, 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, 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.
[[Page 11231]]
(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 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, except as required by regulation or as
necessary to safeguard the credential. 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) Beginning April 15, 2009, 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 is not eligible for an MMC,
license, MMD or COR.
(h) Beginning April 15, 2009, a mariner that has either been denied
issuance of a TWIC or whose TWIC has been revoked for non-
administrative reasons (e.g., being lost or stolen, not functioning, or
having a misspelling) will be deemed ineligible for an MMC, license,
MMD or COR.
[[Page 11232]]
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 to the applicant.
(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.
BILLING CODE 4910-15-P
[[Page 11233]]
[GRAPHIC] [TIFF OMITTED] TR16MR09.000
[[Page 11234]]
[GRAPHIC] [TIFF OMITTED] TR16MR09.001
[[Page 11235]]
BILLING CODE 4910-15-C
0
88. Revise the heading to newly redesignated part 11 to read as
follows:
PART 11--REQUIREMENTS FOR OFFICER ENDORSEMENTS
0
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.
0
90. In newly redesignated Sec. 11.101--
0
a. Revise paragraphs (a) and (a)(1) to read as set out below;
0
b. In paragraph (a)(2), in the last sentence, remove the words ``in
1995'' and ``certificate or'';
0
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
0
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
* * * * *
0
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-5221), 2100 Second Street, SW., Washington, DC 20593-0001, 202-372-
1405 and is available from the sources indicated in this section.
(b) International Maritime Organization (IMO), 4 Albert Embankment,
London SE1 7SR, England, telephone: + 44 (0)20 7735 7611, http://www.imo.org:
(1) The International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended 1995
(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 1995 (the STCW Code), approved for incorporation by
reference in Sec. Sec. 11.202, 11.304, 11.901, 11.903, 11.1005, and
11.1105.
Sec. 11.103 [Removed and Reserved]
0
92. Remove and reserve newly redesignated Sec. 11.103.
Sec. 11.105 [Removed and Reserved]
0
93. Remove and reserve newly redesignated Sec. 11.105.
0
94. In newly redesignated Sec. 11.107, revise paragraphs (b)(1),
(b)(2), and (b)(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]
0
95. Remove and reserve newly redesignated Sec. 11.109.
Sec. 11.110 [Removed and Reserved]
0
96. Remove and reserve newly redesignated Sec. 11.110.
Sec. 11.111 [Removed and Reserved]
0
97. Remove and reserve newly redesignated Sec. 11.111.
Sec. 11.112 [Removed and Reserved]
0
98. Remove and reserve newly redesignated Sec. 11.112.
Sec. 11.113 [Removed and Reserved]
0
99. Remove and reserve newly redesignated Sec. 11.113.
Subpart B--General Requirements for Officer Endorsements
0
100. Revise the heading to subpart B as set forth above.
0
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) of 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 operators of
uninspected passenger vessels that are 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);
[[Page 11236]]
(vii) Assistant engineer of fishing industry vessels;
(viii) Mate (pilot) of towing vessels;
(ix) Radio officer;
(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.
0
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, see 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, see 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
(incorporated by reference, see Sec. 11.102).
(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 (incorporated by reference, see Sec.
11.102).
(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). SOLAS is available from the International Maritime
Organization (IMO), 4 Albert Embankment, London SE1 7SR, England,
telephone: + 44 (0)20 7735 7611, http://www.imo.org.
(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
[[Page 11237]]
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.
(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]
0
103. Remove and reserve newly redesignated Sec. 11.203.
Sec. 11.204 [Removed and Reserved]
0
104. Remove and reserve newly redesignated Sec. 11.204.
0
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 of this part, 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, is 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
[[Page 11238]]
(IMO) Resolution A.437 (XI) Training of Crews in Firefighting.
(Available from the International Maritime Organization (IMO), 4 Albert
Embankment, London SE1 7SR, England, telephone: + 44 (0)20 7735 7611,
http://www.imo.org). 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 more than
200 GRT.
(3) All officer endorsements for master or mate (pilot) of towing
vessels, except apprentice mate (steersman) of the vessels, on oceans.
(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 of this part.
(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]
0
106. Remove and reserve newly redesignated Sec. 11.207.
Sec. 11.209 [Removed and Reserved]
0
107. Remove and reserve newly redesignated Sec. 11.209.
Sec. 11.210 [Removed and Reserved]
0
108. Remove and reserve newly redesignated Sec. 11.210.
0
109. In newly redesignated Sec. 11.211--
0
a. Revise the section heading;
0
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'';
0
c. In paragraph (b) introductory text, remove the word ``license'' and
add, in its place, the words ``officer endorsement'';
0
d. Revise paragraph (c); and
0
e. In paragraph (d), in the first sentence, remove the word
``licenses'' and add, in its place, the words ``officer endorsement'';
and in the second sentence, remove the word ``license'' and add, in its
place, the words ``officer endorsement''.
The revisions read as follows:
Sec. 11.211 Creditable service and equivalents for officer
endorsements.
* * * * *
(c) Service on mobile offshore drilling units is creditable for
raise of grade of officer endorsement. Evidence of one year's service
as mate or equivalent while holding a license as third mate, or as
engineering officer of the watch or equivalent while holding an officer
endorsement or license as third assistant engineer, is acceptable for a
raise of grade to second mate or second assistant engineer,
respectively; however, any subsequent raises of grade of unlimited,
nonrestricted officer licenses or endorsements must include a minimum
of six months of service on conventional vessels.
* * * * *
Sec. 11.213 [Amended]
0
110. In newly redesignated Sec. 11.213--
0
a. In paragraph (a), in the first sentence, remove the word
``licenses'' and add, in its place, the words ``officer endorsements'';
and in the fifth sentence, remove the word ``license'' and add, in its
place, the words ``officer endorsement''; and in the last sentence,
remove the word ``license'' and add, in its place, the words ``officer
endorsement'';
0
b. In paragraph (b), remove the words ``licensing purposes'' wherever
they appear and add, in their place, the words ``the purposes of this
part'';
0
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
0
d. In paragraph (e), after the words ``in which a license'', add the
words ``or officer endorsement''.
[[Page 11239]]
Sec. 11.215 [Removed and Reserved]
0
111. Remove and reserve Sec. 11.215.
Sec. 11.217 [Amended]
0
112. In newly redesignated Sec. 11.217--
0
a. In the section heading, remove the word ``licenses'' and add, in its
place, the words ``officer endorsements'';
0
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'';
0
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 of
this chapter''; and
0
d. In paragraph (b), remove the word ``license'' and add, in its place,
the word ``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]
0
113. Remove and reserve newly redesignated Sec. 11.219.
Sec. 11.221 [Removed and Reserved]
0
114. Remove and reserve newly redesignated Sec. 11.221.
Sec. 11.223 [Removed and Reserved]
0
115. Remove and reserve newly redesignated Sec. 11.223.
Sec. 11.302 [Amended]
0
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''.
0
117. Revise newly designated Sec. 11.304 paragraphs (a), (c), (d),
(e), (f), (g)(2), (g)(3), (g)(6), (g)(7), (h) introductory text,
(h)(5), (h)(7), (h)(8), and (j) 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 of this part, 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 (incorporated by
reference, see Sec. 11.102) 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 of this part, 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, see 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) * * *
(2) The tasks to be performed or the skills to be demonstrated,
with reference to the standards of competence set forth in the tables
of the appropriate sections in part A of the STCW Code (incorporated by
reference, see Sec. 11.102).
(3) The criteria to be used in determining that the tasks or skills
have been performed properly, again with reference to the standards of
competence set forth in the tables of the appropriate sections in part
A of the STCW Code (incorporated by reference, see Sec. 11.102).
* * * * *
(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:
* * * * *
(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, 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.
* * * * *
(j) Substitution of a training program in lieu of required service
for an endorsement as mate (pilot) of towing vessels is governed by
Sec. 11.465(a) and Table 11.465-1 of this part.
Sec. 11.309 [Amended]
0
118. In newly redesignated Sec. 11.309--
0
a. In paragraph (a) introductory text, remove the citation ``Sec.
10.302'' and add, in its place, the citation ``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'';
[[Page 11240]]
0
b. In paragraph (a)(3)(iii), after the words ``level of license,'' add
the word ``officer'';
0
c. In paragraph (a)(4), after the words ``maritime license'', add the
words ``, MMC,'';
0
d. In paragraph (b), in the second sentence, remove the word
``licenses'' and add, in its place, the word ``officer'';
0
e. In paragraph (c)(2), remove the words ``(G-MOC)'' and add, in their
place, the words ``(CG-543)''; and
0
f. In paragraph (c)(3), remove the words ``STCW endorsement'' and add,
in their place, the words ``officer or STCW endorsements''.
Subpart D--Professional Requirements for Deck Officers
0
119. Revise the heading for subpart D to read as set forth above.
0
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 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) of this section
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 or
over, in addition to completing the examination topics.
(f) Masters and mates endorsements for service on vessels of more
than 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 or 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.
0
121. In newly redesignated Sec. 11.402--
0
a. Revise the section heading;
0
b. In paragraph (a), remove the word ``license'' and add, in its place,
the word ``endorsement'';
0
c. Revise paragraph (b);
0
d. In paragraph (c)(1), remove the word ``licensed'' and add in its
place, the word ``endorsed'';
0
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'';
0
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
0
g. In paragraph (d), after the word ``licenses'', wherever it appears,
add the words ``or endorsements''.
The revisions read as follows:
Sec. 11.402 Tonnage requirements for ocean or near coastal
endorsements for vessels of over 1600 gross tons.
* * * * *
(b) If the applicant for an endorsement as master or mate does not
have the service on vessels over 1600 gross tons required by paragraph
(a) of this section, or is qualifying for third mate under the
provisions of Sec. 11.407(c) of this subpart, a tonnage limitation is
placed on the endorsement based on the applicant's qualifying
experience. The endorsement is limited to the maximum tonnage on which
at least 25 percent of the required experience 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 1000 gross tons, using the next higher figure when an intermediate
tonnage is calculated. When the calculated limitation equals or exceeds
10,000 gross tons, the applicant is issued an unlimited tonnage
endorsement.
* * * * *
0
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 11241]]
[GRAPHIC] [TIFF OMITTED] TR16MR09.002
Sec. 11.404 [Amended]
0
123. In newly redesignated Sec. 11.404--
0
a. In the introductory text, remove the word ``license'' and add, in
its place, the words ``an endorsement''; and
0
b. In paragraph (b) introductory text, after the words ``holding a
license'', add the words ``or MMC endorsement''.
Sec. 11.405 [Amended]
0
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]
0
125. In newly redesignated Sec. 11.406--
0
a. In the introductory text, remove the word ``license'' and add, in
its place, the words ``an endorsement'';
0
b. In paragraph (a), after the words ``holding a license'', add the
words ``or endorsement'';
0
c. In paragraph (b) introductory text, after the words ``holding a
license'', add the words ``or MMC endorsement'';
0
d. In paragraph (b)(2), after the words ``holding a certificate'', add
the words ``or MMC endorsement''; and
0
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]
0
126. In newly redesignated Sec. 11.407--
0
a. In paragraph (a) introductory text, remove the word ``license'' and
add, in its place, the words ``an endorsement'';
0
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'';
0
c. In paragraph (b), remove the words ``a license'' and add, in their
place, the words ``an endorsement''; and
0
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]
0
127. In newly redesignated Sec. 11.410--
0
a. In the section heading, remove the word ``licenses'' and add, in its
place, the words ``officer endorsements'';
0
b. In paragraph (a) introductory text, remove the word ``Licenses'' and
add, in its place, the word ``Endorsements'';
0
c. In paragraph (b), remove the word ``license'' and add, in its place,
the word ``endorsement''; and
0
d. In paragraph (c), remove the words ``A license'' and add, in their
place, the words ``An officer's endorsement''.
Sec. 11.412 [Amended]
0
128. In newly redesignated Sec. 11.412--
0
a. In the introductory text, remove the words ``a license'' and add, in
their place, the words ``an endorsement'';
0
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
0
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]
0
129. In newly redesignated Sec. 11.414--
0
a. In the introductory text, remove the words ``a license'' and add, in
their place, the words ``an endorsement''; and
0
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
[[Page 11242]]
(pilot)'' wherever they appear and add, in their place, the words
``master, mate, master or mate (pilot)''.
Sec. 11.416 [Amended]
0
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]
0
131. In newly redesignated Sec. 11.418--
0
a. In the introductory text, remove the words ``a license'' and add, in
their place, the words ``an endorsement'';
0
b. In paragraph (a), after the words ``holding a license'', add the
words ``or MMC endorsement'';
0
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]
0
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]
0
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]
0
134. In newly redesignated Sec. 11.422--
0
a. In the section heading, remove the word ``licenses'' and add, in its
place, the word ``endorsements'';
0
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'';
0
c. In paragraph (b) introductory text, remove the word ``licenses'' and
add, in its place, the word ``endorsements'';
0
d. In paragraphs (b)(1) and (b)(2), remove the word ``license''
wherever it appears and add, in its place, the word ``endorsement'';
0
e. In paragraph (b)(3), remove the word ``license'' and add, in its
place, the words ``officer endorsement'';
0
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'';
0
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
0
h. In paragraph (e), remove the word ``license'' and add, in its place,
the words ``officer endorsement''.
Sec. 11.424 [Amended]
0
135. In newly redesignated Sec. 11.424--
0
a. In paragraph (a) introductory text, remove the words ``a license''
and add, in their place, the words ``an officer endorsement'';
0
b. In paragraph (a)(1), after the words ``holding a license'', add the
words ``or MMC endorsement'';
0
c. In paragraph (a)(2), remove the word ``licensed'';
0
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
0
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]
0
136. In newly redesignated Sec. 11.426--
0
a. In paragraph (a) introductory text, remove the words ``a license''
and add, in their place, the words ``an endorsement'';
0
b. In paragraph (a)(1), after the words ``holding a license'' add the
words ``or endorsement'';
0
c. In paragraph (a)(2), remove the word ``licensed''; and
0
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]
0
137. In newly redesignated Sec. 11.427--
0
a. In paragraph (a) introductory text, remove the word ``license'' and
add, in its place, the word ``endorsement'';
0
b. In paragraph (a)(2), after the words ``holding a license'', add the
words ``or MMC endorsement'';
0
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'';
0
d. In paragraph (c), remove the words ``an endorsement on this
license'' and add, in its place, the words ``this officer
endorsement'';
0
e. In paragraph (d), after the words ``A license'', add the words ``or
MMC endorsement''; and
0
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]
0
138. In newly redesignated Sec. 11.428--
0
a. In paragraph (a), remove the words ``a license'' and add, in their
place, the words ``an endorsement''; and
0
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]
0
139. In newly redesignated Sec. 11.429--
0
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'';
0
b. In paragraph (a)(1), after the words ``for which the'' remove the
word ``license'' and add, in its place, the word ``endorsement'';
0
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
0
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]
0
140. In newly redesignated Sec. 11.430--
0
a. In the section heading, remove the word ``Licenses'' and add, in its
place, the word ``Endorsements''; and
0
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]
0
141. In newly redesignated Sec. 11.431--
[[Page 11243]]
0
a. In the section heading, remove the word ``licenses'', and add, in
its place, the word ``endorsements'';
0
b. In paragraph (a), remove the word ``licenses'', and add, in its
place, the word ``endorsements''; and
0
c. In paragraph (b), remove the word ``licenses'', and add, in its
place, the word ``endorsements''; and remove the citation ``Sec.
10.402'' and add, in its place, the citation ``Sec. 11.402''.
Sec. 11.433 [Amended]
0
142. In newly redesignated Sec. 11.433--
0
a. In the introductory text, remove the word ``license'' and add, in
its place, the words ``an endorsement''; and
0
b. In paragraph (c), after the words ``holding a license'', add the
word ``or MMC endorsement''.
Sec. 11.435 [Amended]
0
143. In newly redesignated Sec. 11.435--
0
a. In the introductory text, remove the word ``license'', and add, in
its place, the word ``an endorsement''; and
0
b. In paragraph (b), after the words ``mate/first class pilot
license'', add the words ``or MMC endorsement''.
Sec. 11.437 [Amended]
0
144. In newly redesignated Sec. 11.437--
0
a. In paragraph (a) introductory text, remove the word ``license'', and
add, in its place, the words ``an endorsement''; and
0
b. In paragraph (a)(3), after the words ``holding a license'', add the
words ``or MMC endorsement''.
Sec. 11.442 [Amended]
0
145. In newly redesignated Sec. 11.442--
0
a. In the introductory text, remove the words ``a license'', and add,
in their place, the words ``an endorsement''; and
0
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]
0
146. In newly redesignated Sec. 11.444--
0
a. In the introductory text, remove the word ``license'' and add, in
its place, the words ``an endorsement'';
0
b. In paragraph (a), after the words ``holding a certificate'', add the
words ``or endorsement''; and
0
c. In paragraph (b), after the words ``holding a license'', add the
words ``or MMC endorsement''.
Sec. 11.446 [Amended]
0
147. In newly redesignated Sec. 11.446--
0
a. In the introductory text, remove the words ``a license'' and add, in
their place, the words ``an endorsement'';
0
b. In paragraph (a), after the words ``holding a license'', add the
words ``or MMC endorsement''; and
0
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]
0
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]
0
149. In newly redesignated Sec. 11.450--
0
a. In the section heading, remove the word ``licenses'' and add, in its
place, the word ``endorsements'';
0
b. In paragraph (a), remove the word ``licenses'' and add, in its
place, the word ``endorsements''; and remove the citation ``Sec.
10.422'' each time it appears and add, in its place, the citation
``Sec. 11.422'';
0
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
0
d. In paragraph (d), remove the word ``license'' and add, in its place,
the word ``endorsement''.
Sec. 11.452 [Amended]
0
150. In newly redesignated Sec. 11.452--
0
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
0
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]
0
151. In newly redesignated Sec. 11.454--
0
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'';
0
b. In paragraph (b), after the words ``In order to obtain an
endorsement'', remove the words ``on this license'';
0
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
0
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]
0
152. In newly redesignated Sec. 11.455--
0
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
0
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]
0
153. In newly redesignated Sec. 11.456--
0
a. In the introductory text, in the first sentence, after the words
``Limited masters''', remove the word ``licenses'' and add, in its
place, the word ``endorsements''; in the second sentence, remove the
words ``A license'' and add, in their place, the words ``An
endorsement''; and in the last sentence, remove the word ``license''
and add, in its place, the word ``endorsement'';
0
b. In paragraph (a), remove the word ``license'' and add, in its place,
the word ``endorsement''; and
0
c. In paragraph (d), after the words ``required by'', remove the
citation ``Sec. 10.205(h)'' and add, in its place, the citation
``Sec. 11.205(e)''.
Sec. 11.457 [Amended]
0
154. In newly redesignated Sec. 11.457--
0
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
citation ``Sec. 10.452'' and add, in its place, the citation ``Sec.
11.452''; and
0
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''.
[[Page 11244]]
Sec. 11.459 [Amended]
0
155. In newly redesignated Sec. 11.459--
0
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
0
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''.
0
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)
introductory text, (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 more than 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 more
than 100 gross tons.
(3) To qualify for an endorsement for more than 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 more than 1,600 gross tons also
requires one year as master, mate, or equivalent on vessels more than
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 percent 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
more than 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 more than 100 gross tons.
(3) To qualify for an endorsement of more than 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 more than 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 percent 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]
0
157. In newly redesignated Sec. 11.463--
0
a. In the section heading, remove the words ``licenses for'' and add,
in their place, the words ``endorsements as'';
0
b. In paragraph (a) introductory text, remove the word ``licenses'' and
add, in its place, the word ``endorsements''; and
0
c. In paragraphs (b) and (c), remove the words ``a license'' wherever
they appear and add, in their place, the words ``an endorsement''.
0
158. In newly redesignated Sec. 11.464, revise the section heading,
paragraphs (a) through (e), 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 11245]]
Table 11.464(a)--Requirements for Endorsement as Master of Towing Vessels \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
TOS \3\ on T/V as mate
Route endorsed Total service TOS \3\ on T/V as mate (pilot) not as harbor TOS \3\ on particular Subordinate route
\2\ (pilot) assist route authorized
1 2 3....................... 4....................... 5....................... 6
--------------------------------------------------------------------------------------------------------------------------------------------------------
(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................. GL-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]
----------------------------------------------------------------------------------------------------------------
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
1 2 3.................... 4................... 5
----------------------------------------------------------------------------------------------------------------
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 steam
or motor vessels of greater than 200 gross register tons, you may
operate towing vessels within any restrictions on your endorsement if
you:
(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 complete an approved training course.
* * * * *
0
159. In newly redesignated Sec. 11.465, revise the heading and
paragraphs (a) through (c), (d) introductory text, (d)(2), (e)
introductory text, (e)(1), and (f), and designate the undesignated text
following (d)(2) as (d)(3) 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. An endorsement with a route endorsed in column 1
authorizes service on the subordinate routes listed in column 7 without
further endorsement. Time of service requirements as an apprentice mate
(steersman) of towing vessels may be reduced by an amount equal to the
time specified in the approval letter for the completed Coast Guard-
approved training programs.
Table 11.465-1--Requirements for Endorsement as Mate (Pilot \1\) of Towing Vessels
--------------------------------------------------------------------------------------------------------------------------------------------------------
30 days of
observation and
TOS \3\ on T/V as training while
Route endorsed Total service apprentice mate TOS \3\ on particular TOAR \4\ or an holding master Subordinate route
\2\ (steersman) \5\ route approved course (limited) and authorized
pass a limited
examination
1 2 3.................... 4.................... 5................... 6.............. 7
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) OCEANS (O)............... 30 12 of 30............. 3 of 12.............. YES................. YES............ NC, GL-I
[[Page 11246]]
(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.
\5\ Time of service requirements as an apprentice mate (steersman of towing vessels may be reduced by an amount equal to the time specified in the
approval letter for a completed Coast Guard-approved training program.
(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:
* * * * *
(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) If you hold any endorsement as a master of steam or motor
vessels of any tonnage that is 200 GRT or less, except for the limited
masters endorsements specified in 46 CFR 11.429 and 11.456, then you
may obtain an endorsement as mate (pilot) of towing vessels by meeting
the following requirements:
(1) Providing proof of 36 months of service as a master under the
authority of an endorsement described in paragraph (e) of this section;
* * * * *
(f) 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.
* * * * *
0
160. In newly redesignated Sec. 11.466--
0
a. In the section heading, remove the word ``licenses'' and add, in its
place, the word ``endorsements'';
0
b. In paragraph (a), after the words ``As Table'' remove the
designation ``10.466-1'' and add, in its place, the designation
``11.466(a)''; and after the words ``like to obtain'', remove the words
``a license'' and add, in their place, the words ``an endorsement'';
0
c. Redesignate table 10.466-1 as table 11.466(a) and revise it to read
as follows; and
0
d. In paragraph (b), in the first sentence, after the words ``hold a
license'' add the words ``or endorsement''; in the second sentence,
after the words ``endorsement will go on your'', remove the word
``license'' and add, in its place, the word ``MMC''; and in the third
sentence, 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total service TOS \2\ on particular
Endorsement Route endorsed \1\ TOS \2\ on T/V route Pass examination \3\
1 2................... 3 4........................ 5........................ 6
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) APPRENTICE MATE (STEERSMAN).. OCEANS (0).......... 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.
[[Page 11247]]
(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.
* * * * *
0
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.
Sec. 11.468 [Amended]
0
162. In newly redesignated Sec. 11.468--
0
a. In the section heading and text, remove the word ``Licenses''
wherever it appears and add, in its place, the words ``Officer
endorsements''; and
0
b. In the text, remove the word ``license'' and add, in its place, the
word ``endorsement''.
0
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), (i), (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:
(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,
an applicant must:
* * * * *
(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:
* * * * *
(2) * * *
(i) A certificate from a Coast Guard-approved stability course
approved for an OIM surface units endorsement;
* * * * *
[[Page 11248]]
(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:
* * * * *
(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:
* * * * *
(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 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 Officer endorsements as barge supervisor.
0
164. In newly redesignated Sec. 11.472--
0
a. Revise the section heading as set forth above;
0
b. In paragraph (a) introductory text, remove the words ``a license
or'' and add, in their place, the word ``an'';
0
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'';
0
d. In paragraph (a)(2)(iii), remove the citation ``Sec. 10.205(g)''
and add, in its place, the citation ``Sec. 11.205(d)''; and
0
e. In paragraph (b), after the words ``unlimited license'' add the
words ``or MMC endorsement''.
Sec. 11.474 Officer endorsements as ballast control operator.
0
165. In newly redesignated Sec. 11.474--
0
a. Revise the section heading as set forth above;
0
b. In paragraph (a) introductory text, remove the words ``a license
or'' and add, in its place, the words ``an'';
0
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'';
0
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'';
0
e. In paragraph (a)(2)(iii), remove the citation ``Sec. 10.205(g)''
and add, in its place, the citation ``Sec. 11.205(d)''; and
0
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]
0
166. Remove and reserve Sec. 11.476.
Sec. 11.480 [Amended]
0
167. In newly redesignated Sec. 11.480--
0
a. In paragraph (b) introductory text, remove the words ``deck
officer's license'' and add, in their place, the word ``MMC'';
0
b. In paragraph (c), remove the words ``Endorsement as'' wherever they
appear;
0
c. In paragraph (f), remove the last sentence;
0
d. In paragraph (h), after the words ``a license'', add the words ``or
MMC''; and after the words ``may renew'', remove the words ``the
license''; and
0
e. In paragraph (i), after the words ``grade of a license'' add the
words ``or MMC endorsement''.
0
168. In newly redesignated Sec. 11.482--
0
a. Revise paragraph (a) to read as set out below;
0
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
0
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 its
place, the word ``MMC''.
Sec. 11.482 Assistance towing.
(a) This section contains the requirements to qualify for an
endorsement authorizing a mariner to engage in assistance towing. The
endorsement applies to all MMCs except master and mate (pilot) of
towing vessels and master or mate authorizing service on inspected
vessels over 200 gross tons. Holders of any of these endorsements may
engage in assistance towing within the scope of their MMC or license.
* * * * *
Sec. 11.491 [Amended]
0
169. In newly redesignated Sec. 11.491--
0
a. In the section heading, remove the word ``Licenses'' and add, in its
place, the word ``Officer endorsements''; and
0
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]
0
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]
0
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]
0
172. In newly redesignated Sec. 11.497(a), remove the words ``a
license'' and add, in their place, the words ``an endorsement''.
Subpart E--Professional Requirements for Engineer Officer
0
173. Revise the heading for subpart E as set forth above.
Sec. 11.501 [Amended]
0
174. In newly redesignated Sec. 11.501--
0
a. In the section heading, remove the word ``licenses'' and add, in its
place, the word ``endorsements'';
0
b. In paragraph (a) introductory text, remove the word ``Licenses'' and
add, in its place, the words ``Engineer endorsements'';
[[Page 11249]]
0
c. In paragraph (b) introductory text, remove the word ``licenses'' and
add, in its place, the word ``endorsements'';
0
d. In paragraph (c) introductory text, after the words ``Engineer
licenses'' add the words ``or MMC endorsements'';
0
e. In paragraph (d), 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
0
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]
0
175. In newly redesignated Sec. 11.502--
0
a. In the section heading, remove the word ``licenses'' and add, in its
place, the word ``endorsements'';
0
b. In paragraph (a), after the words ``engineer licenses'' add the
words ``or MMC endorsements'';
0
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'';
0
d. In paragraph (b)(1), remove the words ``licensed capacity'' and add,
in their place, the words ``capacity as their endorsement'';
0
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
0
f. In paragraph (c), after the words ``of an engineer license'', add
the words ``or MMC endorsement''; and remove the citation ``Sec.
10.205(g)'' and add, in its place, the citation ``Sec. 11.205(d)''.
0
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 of this part 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]
0
177. In newly redesignated Sec. 11.504--
0
a. In the section heading, remove the word ``licenses'' and add, in its
place, the word ``endorsements''; and
0
b. In the text, remove the words ``a license'' and add, in their place,
the words ``an endorsement''.
0
178. In newly redesignated Sec. 11.505--
0
a. Revise the section heading as set forth below;
0
b. In the text, remove the word ``license'' and add, in its place, the
word ``endorsement''; and
0
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 11250]]
[GRAPHIC] [TIFF OMITTED] TR16MR09.003
[[Page 11251]]
BILLING CODE 4910-15-C
Sec. 11.510 [Amended]
0
179. In newly redesignated Sec. 11.510--
0
a. In the introductory text, remove the word, ``license'', and add, in
its place, the word ``endorsement''; and
0
b. In paragraph (b), after the words, ``holding a license'', add the
words, ``or MMC endorsement''.
Sec. 11.512 [Amended]
0
180. In newly redesignated Sec. 11.512--
0
a. After the words, ``qualify an applicant for'', remove the word
``license'', and add, in its place, the word ``endorsement''; and
0
b. After the words ``holding a license'', add the words, ``or MMC
endorsement''.
Sec. 11.514 [Amended]
0
181. In newly redesignated Sec. 11.514--
0
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
0
b. In paragraph (a) and paragraph (b) introductory text, after the
words, ``holding a license'', add the words, ``or MMC endorsement''.
Sec. 11.516 [Amended]
0
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''.
0
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 (QMED) or equivalent supervisory position.
0
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 QMED or equivalent supervisory
position.
0
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.
0
186. In newly redesignated Sec. 11.524, revise 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 of this part.
(b) The service requirements for endorsements as DDE are:
* * * * *
0
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 of this part.
(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.
0
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]
0
189. In newly redesignated Sec. 11.542--
0
a. In the section heading, remove the words ``License for'' and add, in
their place, the words ``Endorsement as'';
0
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
0
c. In paragraph (b), remove the citation, ``10.205(g)'', and add, in
its place, the citation, ``11.205(d)''.
Sec. 11.544 [Amended]
0
190. In newly redesignated Sec. 11.544--
0
a. In the section heading, remove the words, ``License for'', and add,
in their place, the words, ``Endorsement as'';
0
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'';
0
c. In paragraph (a)(3), remove the words, ``Commanding Officer,'', and
add, in their place, the word, ``The''; and
0
d. In paragraph (b), remove the citation ``10.205(g)'', and add, in its
place, the citation, ``11.205(d)''.
0
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]
0
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]
0
193. In newly redesignated Sec. 11.555(a), remove the words, ``a
license'', and add, in their place, the words, ``an endorsement''.
[[Page 11252]]
Subpart F--Credentialing of Radio Officers
0
194. Revise the heading for subpart F to read as set forth above.
0
195. In newly redesignated Sec. 11.601, revise paragraphs (a)-(c) 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. SOLAS is available from the International Maritime
Organization (IMO), 4 Albert Embankment, London SE1 7SR, England,
telephone: + 44 (0)20 7735 7611, http://www.imo.org.
0
196. Revise newly redesignated Sec. 11.603 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, see 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--Professional Requirements for Pilots
0
197. Revise the heading for subpart G to read as set forth above.
0
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.
0
199. In newly redesignated Sec. 11.703--
0
a. Revise paragraphs (a) introductory text and (c), to read as set out
below; and
0
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 of this part. Additionally, round trips
made during this training may apply toward the route familiarization
requirements of Sec. 11.705 of this part. An individual using
substituted service must have at least nine months of shipboard
service.
* * * * *
0
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.
* * * * *
0
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.
0
202. In newly redesignated Sec. 11.709, revise 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 of this chapter.
(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.
[[Page 11253]]
(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]
0
203. In newly redesignated Sec. 11.711--
0
a. In paragraphs (a) and (d), after the words, ``first class pilot'',
remove the words, ``license or''; and
0
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]
0
204. In newly redesignated Sec. 11.713--
0
a. In paragraphs (a) and (b), wherever the words ``license or
endorsement'' appear, add the word ``MMC'' before the word
``endorsement''; and
0
b. In paragraph (b), in the last sentence, after the words, ``of the
renewed'', remove the words, ``license or''.
Sec. 11.803 [Removed and Reserved]
0
205. Remove and reserve newly redesignated Sec. 11.803.
0
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 of
this chapter.)
(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 of this chapter.
(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.
0
207. Amend newly redesignated Sec. 11.807 by adding paragraphs (a)(7)
and (8) and revising paragraphs (c) and (d) to read as follows:
Sec. 11.807 Experience requirements for registry.
(a) The applicant for an endorsement as staff officer shall submit
evidence of experience as follows:
* * * * *
(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.
* * * * *
(c) In computing the length of service required of an applicant for
an endorsement, service of one season on vessels on the Great Lakes is
counted as service of one year.
(d) In the event an applicant for an endorsement, other than
medical doctor or professional nurse, presents evidence of other
qualifications which, in the opinion of the Officer in Charge, Marine
Inspection, is equivalent to the experience requirements of this
section and is consistent with the duties of a staff officer, the
Officer in Charge, Marine Inspection may issue the MMC.
Sec. 11.809 [Removed and Reserved]
0
208. Remove and reserve newly redesignated Sec. 11.809.
Subpart I--Subjects of Examinations and Practical Demonstrations of
Competence
0
209. Revise the heading for subpart I to read as set forth above.
0
210. In newly redesignated Sec. 11.901--
0
a. In paragraph (a), remove the word, ``license'', and add, in its
place, the word, ``endorsement''; and remove the citation,
``10.903(b)'' and add, in its place, the citation, ``11.903(b)'';
0
b. Revise paragraph (b) to read as set out below; and
0
c. In paragraph (c) introductory text, after the words, ``as provided
in Sec. Sec. '', remove the citations, ``10.202 and 10.209'' and add,
in their place, the citations, ``11.202 and 10.227''; and after the
words ``reference in'', remove the citation, ``10.102'', and add, in
its place, the citation, ``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]
0
211. In newly redesignated Sec. 11.903--
0
a. Redesignate ``Table 10.903-1'' as ``Table 11.903(c)''; and
0
b. Revise paragraphs (a) introductory text, (b) introductory text,
(b)(2), (b)(3), (c) introductory text, and (d) to read as follows:
Sec. 11.903 Endorsements requiring examination.
(a) The following endorsements require examinations for issuance:
* * * * *
(b) The following endorsements do not require examinations:
* * * * *
(2) Master ocean or near coastal not more than 200 gross tons, when
raising grade from mate near coastal not more than 200 gross tons.
Master ocean not more than 200 gross tons would, however, require an
examination in celestial navigation.
(3) Master Great Lakes and inland, inland, and rivers not more than
200 gross tons when raising grade from mate of the same route not more
than 200 gross tons.
* * * * *
(c) Each candidate for any of the following endorsements shall meet
the requirements of the appropriate STCW regulations and standards of
competence and those in part A of the STCW Code (incorporated by
reference, see Sec. 11.102), as indicated in table 11.903(c) of this
section:
* * * * *
(d) Any candidate for an endorsement listed in paragraph (c) of
this section, who meets the requirements of the appropriate regulations
and standards of competence in STCW and part A of the STCW code
(incorporated by reference, see Sec. 11.102) as indicated in table
11.903(c) of this section, need not
[[Page 11254]]
comply with Sec. Sec. 11.910 or 11.950, of this part.
0
212. In newly redesignated Sec. 11.910--
0
a. Revise the section heading and introductory text as set out below;
0
b. Redesignate table 10.910-1 as table 11.910-1, and revise the heading
and subheading to read as set out below;
0
c. Redesignate table 10.910-2 as table 11.910-2;
0
d. In the heading for newly redesignated table 11.910-2, remove the
word ``License'' and add, in its place, the word ``Endorsement'';
0
e. In newly redesignated table 11.910-2, in the first column entitled,
``Examination topics'', under the entry for ``National Maritime Law'',
remove the words, ``Licensing & Certification'', and add, in their
place, the word, ``Credentialing'';
0
f. In footnotes 6 and 7 to newly redesignated table 11.910-2, remove
the word ``licenses'' wherever it appears and add, in its place, the
words ``officer endorsements''; and
0
g. In footnote 8 to newly redesignated table 11.910-2, remove the word
``licenses'':
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:
* * * * *
0
213. In newly redesignated Sec. 11.920--
0
a. Revise the section heading and introductory text to read as set out
below;
0
b. Redesignate table 10.920-1 as table 11.920-1 and revise it to read
as set out below;
0
c. Redesignate table 10.920-2 as table 11.920-2; and
0
d. In newly redesignated table 11.920-2, 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
* * * * *
0
214. Revise the section heading and table heading to newly redesignated
Sec. 11.950 to read as follows:
Sec. 11.950 Subjects for engineer endorsements.
Table 11.950--Subjects for Engineer Endorsements
* * * * *
0
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, 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, see Sec. 11.102) and shall
hold documentary evidence to show his or her meeting these
requirements.
0
216. Revise newly redesignated Sec. 11.1105 section heading,
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, see
Sec. 11.102); and
* * * * *
PART 12--REQUIREMENTS FOR RATING ENDORSEMENTS
0
217. 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.
0
218. Revise the heading for part 12 to read as set forth above.
Sec. 12.01-1 [Amended]
0
219. In Sec. 12.01-1--
0
a. In paragraph (a)(2), after the words, ``and to receive the'', remove
the words, ``certificate or'', and after the words ``required by
STCW'', remove the words, ``(incorporated by reference in Sec. 12.01-
3)''; and
0
b. Remove paragraphs (a)(3) and (c).
0
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-5221), 2100 Second Street, SW., Washington, DC 20593-0001, 202-372-
1405 and is available from the sources indicated in this section.
(b) International Maritime Organization (IMO), 4 Albert Embankment,
London, SE1 7SR, England, telephone: + 44 (0)20 7735 7611, http://www.imo.org.
(1) The International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended 1995
(the STCW Convention or the STCW), incorporation by reference approved
for Sec. Sec. 12.02-7, 12.02-11, 12.05-3, 12.05-11, 12.10-3; 12.10-5,
12.10-7, 12.10-9, 12.15-3, 12.30-5, and 12.35-5.
(2) The Seafarers' Training, Certification and Watchkeeping Code,
as amended 1995 (the STCW Code), incorporation by reference approved
for Sec. Sec. 12.02-11, 12.03-1, 12.05-3, 12.05-7, 12.10-5, 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]
0
221. Remove and reserve Sec. 12.01-6.
Sec. 12.01-7 [Removed and Reserved]
0
222. Remove and reserve Sec. 12.01-7.
Sec. 12.01-11 [Removed and Reserved]
0
223. Remove and reserve Sec. 12.01-11.
Sec. 12.02-3 [Removed and Reserved]
0
224. Remove and reserve Sec. 12.02-3.
Sec. 12.02-4 [Removed and Reserved]
0
225. Remove and reserve Sec. 12.02-4.
Sec. 12.02-5 [Removed and Reserved]
0
226. Remove and reserve Sec. 12.02-5.
0
227. In Sec. 12.02-7, revise paragraphs (a) through (e) and (f)
introductory text to read as follows:
[[Page 11255]]
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,
beginning on April 15, 2009, 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, beginning on April 15, 2009,
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 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, see 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 to 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]
0
228. Remove and reserve Sec. 12.02-9.
Sec. 12.02-10 [Removed and Reserved]
0
229. Remove and reserve Sec. 12.02-10.
0
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 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 with the appropriate able seaman and lifeboatman
endorsement. STCW endorsements as RFPNW and PSC will also be entered
upon qualification.
(2) An MMC issued to an engineer officer endorsed for inspected
vessels of over 2,000 horsepower will authorize the holder to serve in
any rating capacity in the engine department. If an engineer officer
qualifies as a lifeboatman, the appropriate lifeboatman endorsement
will be placed on the MMC. STCW endorsements as RFPEW and PSC will also
be entered upon qualification.
(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) The OCMI will issue an STCW endorsement if the applicant for or
holder of an MMC is qualified for 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, (incorporated by reference, see Sec. 12.01-3) 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
(incorporated by reference, see Sec. 12.01-3).
Sec. 12.02-12 [Removed and Reserved]
0
231. Remove and reserve Sec. 12.02-12.
Sec. 12.02-13 [Removed and Reserved]
0
232. Remove and reserve Sec. 12.02-13.
Sec. 12.02-14 [Removed and Reserved]
0
233. Remove and reserve Sec. 12.02-14.
Sec. 12.02-15 [Removed and Reserved]
0
234. Remove and reserve Sec. 12.02-15.
0
235. Revise Sec. 12.02-17 to read as follows--
Sec. 12.02-17 Examination procedures and denial of rating
endorsements.
(a) Upon application for a rating endorsement, any required
examination will be given as soon as practicable.
(b) An applicant for a rating endorsement who has been duly
examined and refused a certificate by the Coast Guard may come before
the Coast Guard for reexamination at any time after the date of the
initial examination. The Coast Guard sets the time of reexamination
based on the applicant's performance on the initial examination.
However, the maximum waiting period after the initial failure will be
30 days, and the maximum waiting period after a second or subsequent
failure will be 90 days.
(c) An applicant who has been examined and refused a certificate by
the Coast Guard may not again make application for examination until 30
days after the applicant's last failure of an examination or
reexamination.
[[Page 11256]]
Sec. Sec. 12.02-18 through 12.02-27 [Removed and Reserved]
0
236. Remove and reserve Sec. Sec. 12.02-18 through 12.02-27.
0
237. In Sec. 12.03-1 revise paragraphs (a) introductory text,
(a)(3)(iii), (a)(4), (b), (c) introductory text, and (c)(2) to read as
follows:
Sec. 12.03-1 Coast Guard-accepted training other than approved
courses.
(a) When the training and assessment of competence required by
parts 10 or 12 of this subchapter are not subject to approval under
Sec. 11.302 of this chapter, but are used to qualify an applicant to
hold an STCW or rating endorsement, the training and assessment must
meet the following requirements:
* * * * *
(3) * * *
(iii) Hold the level of Coast Guard credential or other
professional credential required of those who would apply, on board a
vessel, the relevant level of knowledge, skills, and abilities
described in the training objectives.
(4) Neither a specialist in a particular field of non-maritime
education, such as mathematics or first aid, nor a person with at least
3 years of service as a member of the Armed Forces of the United
States, specializing in a particular field, need hold a Coast Guard
credential to conduct training in that field.
* * * * *
(b) The Coast Guard will maintain a list of training each of whose
offerors submits a certificate, initially not less than 45 calendar
days before offering training under this section, and annually
thereafter, signed by the offeror or its authorized representative,
stating that the training fully complies with requirements of this
section, and identifying the Coast Guard-accepted QSS being used for
independent monitoring. Training on this list will offer the training
necessary for both officer and STCW endorsements under this part. The
Coast Guard will update this list periodically and make it available to
members of the public on request.
(c) If the Coast Guard determines, on the basis of observations or
conclusions either of its own or of someone authorized by it to monitor
the training, that the particular training does not satisfy one or more
of the conditions described in paragraph (a) of this section--
* * * * *
(2) The offeror may, within a period specified in the notice,
either appeal the observations or conclusions to the National Maritime
Center (NMC) or bring the training into compliance; and
* * * * *
Sec. 12.05-1 [Amended]
0
238. In Sec. 12.05-1--
0
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
0
b. In paragraph (b), remove the word, ``certificate'' and add, in its
place, the words, ``MMD or MMC endorsed''.
0
239. In Sec. 12.05-3--
0
a. In paragraph (a) introductory text, remove the word,
``certification'', and add, in its place, the words, ``an
endorsement'';
0
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'';
0
c. In paragraph (b) introductory text, remove the words, ``valid for
any period on or after February 1, 2002,''; and
0
d. Revise paragraph (c) to read as follows:
Sec. 12.05-3 General requirements.
* * * * *
(c) An STCW endorsement as rating forming part of the navigational
watch will be issued or renewed when the candidate for an endorsement
meets the requirements of STCW Regulation II/4 and of Section A-II/4 of
the STCW Code (incorporated by reference, see Sec. 12.01-3).
Sec. 12.05-5 [Removed and Reserved]
0
240. Remove and reserve Sec. 12.05-5.
Sec. 12.05-7 [Amended]
0
241. In Sec. 12.05-7--
0
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 seamen are'';
0
b. In paragraph (b) introductory text, after the words, ``approved
by'', remove the words ``Commanding Officer,''; and
0
c. Remove paragraphs (c), (d), and (e).
0
242. In Sec. 12.05-9--
0
a. In paragraph (a) introductory text, remove the word, ``certified'',
and add, in its place, the words, ``issued an endorsement''; and
0
b. Revise paragraph (e) to read as follows:
Sec. 12.05-9 Examination and demonstration of ability.
* * * * *
(e) Any person who holds a valid MMC or MMD endorsed as able
seaman, any waters-12 months and who can produce documentary evidence
of sufficient service to qualify for an endorsement as able seaman, any
waters-unlimited, may be issued a new MMC bearing this endorsement
without additional professional examination. The applicant shall
surrender for cancellation the credential bearing the limited
endorsement. No physical examination will be required at the time of
this exchange unless it is found that the applicant obviously suffers
from some physical or mental infirmity to a degree that in the opinion
of the Officer in Charge, Marine Inspection, would render him
incompetent to perform the usual duties of an able seaman at sea. If
such condition is believed to exist, the applicant shall be required to
undergo an examination to determine his competency as set forth in
Sec. 10.215 of this chapter.
0
243. In Sec. 12.05-11, revise paragraphs (a) and (b) to read as
follows:
Sec. 12.05-11 General provisions respecting endorsements for service
as able seamen.
(a) The holder of an MMC or MMD endorsed for the rating of able
seamen may serve in any rating in the deck department without obtaining
an additional endorsement; provided, however, that the holder shall
hold the appropriate endorsement under the STCW (incorporated by
reference, see Sec. 12.01-3) when serving as a rating forming part of
a navigational watch (RFPNW) on a seagoing ship of 500 GT or more.
(b) An MMC or MMD endorsed as able seaman will also be considered
an endorsement as lifeboatman.
* * * * *
0
244. Revise Sec. 12.10-1 to read as follows:
Sec. 12.10-1 Credentials required.
Every person serving under the authority of a rating endorsement as
lifeboatman on any United States vessel requiring lifeboatmen must
produce an MMC or MMD endorsed as lifeboatman or able seaman to the
United States Customs and Border Protection Port Director or his or her
representative or master before signing articles of agreement. No
endorsement as lifeboatman is required of any person employed on any
unrigged vessel, except on a seagoing barge and on a tank barge
navigating waters other than rivers and/or canals.
Sec. 12.10-3 [Amended]
0
245. In Sec. 12.10-3--
[[Page 11257]]
0
a. In paragraph (a) introductory text, remove the word,
``certification'', and add, in its place, the words, ``an
endorsement'';
0
b. In paragraphs (a)(2), (a)(5), and (a)(6) after the words, ``by
the'', remove the words, ``Commanding Officer,'';
0
c. In paragraph (a)(5), after the words, ``National Maritime Center,'',
remove the word, ``and'', and add, in its place, the word, ``or'';
0
d. In paragraph (b), remove the word, ``certification'', and add, in
its place, the words, ``an endorsement''; and
0
e. In paragraph (c), remove the word, ``certified'', and add, in its
place, the words, ``eligible for an endorsement''.
Sec. 12.10-5 [Amended]
0
246. In Sec. 12.10-5--
0
a. In paragraph (a) introductory text, remove the word, ``certified'',
and add, in its place, the words, ``issued an endorsement''; and
0
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''.
0
247. Revise Sec. 12.10-7 to read as follows:
Sec. 12.10-7 General provisions respecting an MMC or MMD endorsed as
lifeboatman.
An MMC or MMD endorsed as able seaman is the equivalent of an
endorsement as lifeboatman and will be accepted wherever a lifeboatman
is required by law; provided, however, that, when an able seaman has to
be endorsed as either proficient in survival craft and rescue boats or
proficient in fast rescue boats, he or she shall hold an endorsement
under the STCW (incorporated by reference, see Sec. 12.01-3).
0
248. In Sec. 12.10-9, revise the heading, paragraphs (a), (b)
introductory text, and (b)(2) 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:
* * * * *
(2) Furnish satisfactory proof that he or she has met the
requirements for training and competence of STCW Regulation, VI/2
paragraph 2, and the appropriate requirements of Section A-VI/2 of the
STCW Code (incorporated by reference in Sec. 12.01-3).
Sec. 12.13-3 [Amended]
0
249. In Sec. 12.13-3, remove the words, ``license or document'' and
add, in their place, the word, ``MMC''.
0
250. Revise Sec. 12.15-1 to read as follows:
Sec. 12.15-1 Credentials required.
(a) Every person serving under the authority of a rating
endorsement as qualified member of the engine department on any United
States vessel requiring qualified members of the engine department
shall produce an endorsement as qualified member of the engine
department to the United States Customs and Border Protection Port
Director or his or her representative or master before signing articles
of agreement.
(b) No endorsement as qualified member of the engine department is
required of any person employed on any unrigged vessel, except seagoing
barges.
0
251. In Sec. 12.15-3 revise paragraphs (a) through (c), (d)
introductory text, and (e) to read as follows:
Sec. 12.15-3 General requirements.
(a) A qualified member of the engine department is any person below
officer and above the rating of coal passer or wiper, who holds an MMC
or MMD endorsed as qualified member of the engine department issued by
the Coast Guard.
(b) For purposes of administering this part the rating of assistant
electrician is considered a rating equal to coal passer or wiper.
(c) An applicant, to be eligible for an endorsement as qualified
member of the engine department, shall be able to speak and understand
the English language as would be required in the rating of qualified
member of the engine department and in an emergency aboard ship.
(d) An STCW endorsement will be issued or renewed only when the
candidate for endorsement as a qualified member of the engine
department also produces satisfactory evidence, on the basis of
assessment of a practical demonstration of skills and abilities, of
having achieved or maintained within the previous 5 years the minimum
standards of competence for the following 4 areas of basic safety:
* * * * *
(e) An STCW endorsement will be issued or renewed only when the
candidate for endorsement as a qualified member of the engine
department meets the standards of competence set out in STCW Regulation
III/4 and Section A-III/4 of the STCW Code (incorporated by reference,
see Sec. 12.01-3), if the candidate will be serving as 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]
propulsion power or more.
0
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]
0
253. In Sec. 12.15-7--
0
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'';
0
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
0
c. In paragraph (c), in the first sentence, after the words,
``qualified rating'', add the words, ``in the engine department''.
Sec. 12.15-9 [Amended]
0
254. In Sec. 12.15-9--
0
a. In paragraph (a), remove the word, ``certification'' and add, in its
place, the word, ``endorsement''; and
0
b. In paragraphs (c) and (d), remove the word ``certification''
wherever it appears and add, in its place, the words, ``an
endorsement''.
0
255. Revise Sec. 12.15-11 heading and introductory text to read as
follows:
Sec. 12.15-11 General provisions respecting an endorsement as
qualified member of the engine department.
The holder of an endorsement with one or more qualified members of
the engine department ratings may serve in any unqualified rating in
the engine department without obtaining an additional endorsement. This
does not mean that an endorsement of one qualified member of the engine
department rating authorizes the holder to serve in all qualified
member of the engine department ratings. Each qualified member of the
engine department rating must be a separate endorsement. When, however,
the applicant qualifies for all ratings covered by an endorsement as a
QMED, the endorsement may read QMED--any rating. The ratings are as
follows:
* * * * *
[[Page 11258]]
Sec. 12.15-13 [Amended]
0
256. In Sec. 12.15-13--
0
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'';
0
b. In paragraph (b), remove the words, ``merchant mariner's document''
and add, in their place, the word ``MMC''; and
0
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''.
0
257. In Sec. 12.15-15, revise paragraphs (a) introductory text, (b),
and (c) to read as follows:
Sec. 12.15-15 Engineman.
(a) An applicant for an endorsement as engineman shall be a person
holding an MMC or MMD document endorsed as fireman/watertender and
oiler, or junior engineer. The applicant shall be eligible for such
endorsement upon furnishing one of the following:
* * * * *
(b) The Officer in Charge, Marine Inspection, who is satisfied that
an applicant for the rating of engineman meets the requirements
specified in this section, will endorse this rating on the applicant's
MMC.
(c) Any holder of an MMC or MMD endorsed for any rating in the
engine department, QMED--any rating or deck engine mechanic is
qualified as an engineman and that endorsement will not be entered on
his or her credential.
Sec. 12.25-1 [Amended]
0
258. In Sec. 12.25-1--
0
a. In the section heading, remove the word, ``Certification'', and add,
in its place, the word, ``Credentials''; and
0
b. In the text, remove the word ``certificated''; remove the words, ``a
merchant mariner's document'', and add, in their place, the words, ``an
MMC or MMD with the appropriate endorsement''.
0
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,
and steward's department (F.H.) endorsements do not require an exam.
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) of this part 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.).
0
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 of this chapter.
0
261. Revise Sec. 12.15-25 to read as follows:
Sec. 12.25-25 Members of Merchant Marine Cadet Corps.
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
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]
0
262. In Sec. 12.25-30, remove the words, ``merchant mariner's
document'', and add, in their place, the words, ``MMC endorsed'';
remove the words, ``documents or certificates'', and add, in their
place, the word, ``endorsements''.
Sec. 12.25-35 [Amended]
0
263. In Sec. 12.25-35--
0
a. In paragraph (a), remove the words, ``a merchant mariner's
document'', and add, in their place, the words, ``an endorsement''; and
0
b. In paragraph (b), remove the words, ``merchant mariner's documents
with''.
Sec. 12.25-40 [Amended]
0
264. In Sec. 12.25-40 text, remove the words, ``a merchant mariner's
document'', and add, in their place, the words, ``an endorsement''.
Sec. 12.25-45 [Amended]
0
265. In Sec. 12.25-45, remove the words, ``certificate or''.
Sec. 12.30-1 [Amended]
0
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]
0
267. Remove and reserve Sec. 12.30-3.
Sec. 12.30-5 [Amended]
0
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]
0
269. In Sec. 12.35-1, remove the word ``certification'' and add, in
its place, the word ``qualification''; remove the citation, ``Sec.
12.35-3'', and add, in its place, the words ``part 10 of this
chapter''.
Sec. 12.35-3 [Removed and Reserved]
0
270. Remove and reserve Sec. 12.35-3.
Sec. 12.35-5 [Amended]
0
271. In Sec. 12.35-5--
0
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
0
b. In paragraph (b), remove the words, ``you do meet'', and add, in
their place, the words, ``the mariner meets''.
Subpart 12.40--Non-resident Alien Members of the Steward's
Department on U.S.-Flag Large Passenger Vessels
0
272. Revise the heading for the subpart 12.40 to read as set forth
above.
Sec. 12.40-1 [Amended]
0
273. In Sec. 12.40-1, remove the words, ``merchant mariner's
documents'', and add, in their place, the words, ``merchant mariner
credentials''.
Sec. 12.40-3 [Removed and Reserved]
0
274. Remove and reserve Sec. 12.40-3.
Sec. 12.40-5 [Amended]
0
275. In Sec. 12.40-5--
0
a. In paragraph (a), remove the words, ``merchant mariner's
documents'', and add, in their place, the words, ``merchant mariner
credentials''; and
0
b. In paragraph (b) remove the words, ``merchant mariner's document'',
and add, in their place, the words, ``merchant mariner credential''.
[[Page 11259]]
Sec. 12.40-7 [Amended]
0
276. In Sec. 12.40-7, remove the words, ``merchant mariner's
document'', wherever they occur, and add, in their place, the words,
``merchant mariner credential''.
Sec. 12.40-9 [Amended]
0
277. In Sec. 12.40-9--
0
a. Remove the words, ``merchant mariner's document'', wherever they
occur, and add, in their place, the words, ``merchant mariner
credential''; and
0
b. After the words, ``denial established in'', remove the words,
``Sec. 12.02-4 of this part'', and add, in their place, the words,
``Sec. Sec. 10.209, 10.211, and 10.213 of this subchapter''.
Sec. 12.40-11 [Amended]
0
278. In Sec. 12.40-11--
0
a. In paragraph (a), remove the words, ``Sec. Sec. 12.02-10, 12.02-12
and 12.02-14 of this part'', and add, in their place, the words,
``Sec. 10.221 of this subchapter''; remove the words, ``merchant
mariner's document'', and add, in their place, the words, ``merchant
mariner credential''; and
0
b. In paragraph (c) remove the words, ``merchant mariner's document'',
and add, in their place, the words, ``merchant mariner credential''.
Sec. 12.40-13 [Amended]
0
279. In Sec. 12.40-13--
0
a. In paragraphs (a), (b), and (c), remove the words ``merchant
mariner's document'', wherever they occur, and add, in their place, the
words, ``merchant mariner credential''; and
0
b. In paragraph (c)(2), remove the words, ``Sec. Sec. 12.02-10, 12.02-
12 and 12.02-14 of this part'', and add, in their place, the words,
``Sec. 10.221 of this subchapter''.
Sec. 12.40-15 [Amended]
0
280. In Sec. 12.40-15--
0
a. In paragraph (a) remove the words, ``merchant mariner's document'',
and add, in their place, the words, ``merchant mariner credential''.
PART 13--CERTIFICATION OF TANKERMEN
0
281. 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]
0
282. 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]
0
283. Remove and reserve Sec. 13.103.
0
284. 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]
0
285. In Sec. 13.107--
0
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'';
0
b. In paragraph (a), remove the words, ``engineer's license'', and add,
in its place, the words, ``engineer license or engineer endorsement'';
0
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 citation, ``part
10'', and add, in its place, the citation ``part 11'';
0
d. In paragraph (e), remove the citation, ``13.103'' and add, in its
place, the citation, ``10.107''; and
0
e. In paragraph (f), remove the citation ``10.105'', and add, in its
place, the citation ``10.217''; remove the word ``chapter'', and add,
in its place, the word, ``title''.
Sec. 13.109 [Amended]
0
286. In Sec. 13.109(c), remove the citation, ``10.105'', and add, in
its place, the citation, ``10.217''; and remove the word, ``MMD'', and
add, in its place, the word, ``MMC''.
Sec. 13.111 [Amended]
0
287. In Sec. 13.111--
0
a. In the section heading, after the word, ``Restricted'', add the
word, ``tankerman'';
0
b. In paragraph (a), remove the citation, ``46 CFR 10.105'', and add,
in their place, the words, ``Sec. 10.217 of this chapter'';
0
c. In paragraph (d)(3), after the words, ``passing a physical'', add
the words, ``and medical''; 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
0
d. In paragraph (f), after the words ``Seafarers, 1978'', add the words
``, as amended''.
Sec. 13.119 [Amended]
0
288. In Sec. 13.119, 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]
0
289. In Sec. 13.120, in the section heading, before the word,
``endorsement'', add the word, ``tankerman''; remove the citation,
``12.02-27'', and add, in its place, the citation, ``10.227''; and
remove the word, ``MMD'', and add, in its place, the word, ``MMC''.
Sec. 13.121 [Amended]
0
290. In Sec. 13.121--
0
a. In the section heading, remove the word, ``training'', and after the
word, ``tankerman'', add the word, ``endorsements''; and
0
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]
0
291. In Sec. 13.125--
0
a. In the section heading, after the word, ``Physical'', add the words,
``and medical''.
0
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]
0
292. In Sec. 13.129--
0
a. In the section heading, after the word, ``tankerman'', add the word,
``endorsements''.
0
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]
0
293. 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''.
Sec. 13.203 [Amended]
0
294. In Sec. 13.203--
0
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'';
0
b. In paragraph (a)(2), remove the word, ``unlicensed'', and add, in
its place, the word, ``rating''; and
0
c. In paragraph (c) introductory text, after the word, ``MMD'', add the
words ``or MMC''.
[[Page 11260]]
Sec. 13.207 [Amended]
0
295. In Sec. 13.207, 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]
0
296. 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]
0
297. In Sec. 13.303(c) introductory text, after the word, ``MMD'', add
the words, ``or MMC''.
Sec. 13.307 [Amended]
0
298. 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]
0
299. 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 words, ``according to Sec.
10.215 of this chapter''.
Sec. 13.403 [Amended]
0
300. In Sec. 13.403(b) introductory text, after the word, ``MMD'', add
the words, ``or MMC''.
Sec. 13.407 [Amended]
0
301. 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]
0
302. In Sec. 13.501(c), after the word, ``physical'', add the words,
``and medical''; 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]
0
303. In Sec. 13.503--
0
a. In paragraph (a)(1), remove the words, ``a licensed'', and add, in
their place, the word, ``an''; after the words, ``engineering
officer'', remove the word, ``of'', and add, in its place, the word,
``on'';
0
b. In paragraph (a)(2), remove the word, ``unlicensed'', and add, in
its place, the word, ``rating''; and
0
c. In paragraph (b), after the word, ``MMD'', add the words, ``or
MMC''.
Sec. 13.505 [Amended]
0
304. 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]
0
305. In Sec. 13.507 text, remove the words, ``for a license or
tankerman endorsement'', and add, in their place, the words, ``to the
Coast Guard for any other endorsement or credential''.
PART 14--SHIPMENT AND DISCHARGE OF MERCHANT MARINERS
0
306. 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]
0
307. In Sec. 14.205, after the words, ``every document, certificate,''
add the word, ``credential,''.
Sec. 14.207 [Amended]
0
308. 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, ``license, MMD, or MMC
number,''.
Sec. 14.307 [Amended]
0
309. In Sec. 14.307(a), remove the words, ``and merchant mariner's
document number'', and add, in their place, the words, ``MMD or MMC
number''.
PART 15--MANNING REQUIREMENTS
0
310. 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]
0
311. In Sec. 15.103--
0
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'';
0
b. In paragraph (c), remove the words, ``licensed individuals'', and
add, in their place, the word, ``officers''; and
0
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]
0
312. Remove and reserve subpart B, consisting of Sec. 15.301.
0
313. 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.
Beginning April 15, 2009, all mariners holding an active license,
certificate of registry, MMD, or MMC issued by the Coast Guard must
also hold a valid transportation worker identification credential
(TWIC) issued by the Transportation Security Administration under 49
CFR part 1572.
Sec. 15.405 [Amended]
0
314. In Sec. 15.405, remove the words, ``licensed, registered, or
certificated'', and add, in their place, the word, ``credentialed''.
Sec. 15.410 [Amended]
0
315. In Sec. 15.410--
0
a. In the section heading, remove the word, ``Licensed'' and add, in
its place, the word, ``Credentialed''; and
0
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''.
Sec. 15.415 [Removed and Reserved]
0
316. Remove and reserve Sec. 15.415.
Sec. 15.515 [Amended]
0
317. 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''.
0
318. In Sec. 15.520, revise paragraphs (b) through (i) and (l) to read
as follows:
[[Page 11261]]
Sec. 15.520 Mobile offshore drilling units.
* * * * *
(b) The OCMI determines the minimum number of officers and crew
(including lifeboatmen) required for the safe operation of inspected
MODUs. In addition to other factors listed in this part, the
specialized nature of the MODU is considered in determining the
specific manning levels.
(c) A license or officer endorsement on an MMC as offshore
installation manager (OIM), barge supervisor (BS), or ballast control
operator (BCO) authorizes service only on MODUs. A license or
endorsement as OIM is restricted to the MODU type and mode of operation
specified on the credential.
(d) A self-propelled MODU other than a drillship must be under the
command of an individual who holds a license as master endorsed as OIM
or an MMC with master and OIM officer endorsements.
(e) A drillship must be under the command of an individual who
holds a license or MMC officer endorsement as master. When a drillship
is on location, the individual in command must hold a license as master
endorsed as OIM or an MMC with master and OIM officer endorsements.
(f) A non-self-propelled MODU must be under the command of an
individual who holds a license or MMC officer or endorsement as OIM.
(g) An individual serving as mate on a self-propelled surface unit
other than a drillship must hold an appropriate license or MMC officer
endorsement as mate and an endorsement as BS or BCO. An individual
holding a license or MMC officer endorsement as barge supervisor or
ballast control operator may be substituted for a required mate when a
self-propelled surface unit other than a drillship is on location or
under tow, under certain circumstances as determined by the cognizant
OCMI.
(h) An individual holding a license or MMC officer endorsement as
barge supervisor is required on a non-self-propelled surface unit other
than a drillship.
(i) An individual holding a license or MMC officer endorsement as
barge supervisor may serve as ballast control operator.
* * * * *
(l) A surface mobile offshore drilling unit underway or on
location, when afloat and equipped with a ballast control room, must
have that ballast control room manned by an individual holding a
license or MMC officer endorsement authorizing service as ballast
control operator.
Sec. 15.530 [Amended]
0
319. In Sec. 15.530--
0
a. Remove paragraph (a) and redesignate paragraphs (b) through (g) as
paragraphs (a) through (f), respectively;
0
b. In newly redesignated paragraphs (a), (b), (d) and (e), remove the
words, ``merchant mariner's document'', wherever they occur, and add,
in their place, the words, ``merchant mariner credential''; and
0
b. In newly redesignated paragraph (c), remove the words, ``unlicensed
seamen'', and add, in their place, the word, ``ratings''.
Sec. 15.605 [Amended]
0
320. In Sec. 15.605--
0
a. In the section heading, remove the word, ``Licensed'', and add, in
its place, the word, ``Credentialed'';
0
b. In the introductory text, remove the word, ``licensed'', and add, in
its place, the word, ``credentialed'';
0
c. In paragraph (a), remove the words, ``, carrying not more than six
passengers,''; after the words, ``holding a license'', add the words,
``or MMC endorsed''; after the words, ``as operator'', add the words,
``of uninspected passenger vessels''; and
0
d. In paragraph (b), remove the word, ``licensed'', and add, in its
place, the word, ``credentialed''.
Sec. 15.610 [Amended]
0
321. In Sec. 15.610--
0
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'';
0
b. Remove paragraph (b);
0
c. Redesignate paragraph (c) as paragraph (b); and
0
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 (c)(1) or paragraph (c)(2)'', and
add, in their place, the words, ``paragraphs (b)(1) or (b)(2)''.
Sec. 15.701 [Amended]
0
322. In Sec. 15.701--
0
a. In paragraph (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''; and
0
b. In paragraph (c), after the words, ``employees of the'', remove the
word, ``Customs'', and add, in their place, the words, ``Customs and
Border Protection''.
Sec. 15.705 [Amended]
0
323. In Sec. 15.705--
0
a. In paragraph (b), in the first sentence, remove the words,
``licensed individuals'', and add, in their place, the word,
``officers''; and in the second sentence, after the words, ``deck
department other than'', remove the word, ``licensed'';
0
b. In paragraph (c) introductory text, remove the words, ``licensed
individuals'', and add, in their place, the word, ``officers''; and
0
c. In paragraphs (d), (e)(1) introductory text, and (e)(2), remove the
word ``licensed'' wherever it appears.
Sec. 15.710 [Amended]
0
324. In Sec. 15.710 introductory text, in the first sentence, after
the words, ``on the working hours of'', remove the words, ``licensed
individuals'', and add, in their place, the words, ``credentialed
officers''; and in the third sentence, after the words, ``master or
other'', remove the words, ``licensed individual'', and add, in their
place, the words, ``credentialed officer''.
0
324. In Sec. 15.720, revise paragraphs (a), (b) introductory text, and
(d) to read as follows:
Sec. 15.720 Use of non-U.S. credentialed personnel.
(a) United States vessels which need to replace one or more persons
while on a foreign voyage and outside the jurisdiction of the United
States, in order to meet manning requirements, may use non-U.S.
credentialed personnel without a TWIC, except for the positions of
master and radio officer, until the vessel returns to a port at which
in the most expeditious manner replacements who are citizens of the
United States can be obtained.
(b) The citizenship requirements of 46 U.S.C. 8103(a) and (b) and
the TWIC requirement of 46 U.S.C. 70105 are waived, except for the
requirement that the master must be a U.S. citizen holding a TWIC, with
respect to the following vessels:
* * * * *
(d) The master shall assure that any replacements of crewmembers by
non-U.S. citizens made in accordance with this section will be with an
individual who holds a credential which is equivalent in experience,
training, and other qualifications to the U.S.
[[Page 11262]]
credential required for the position and that the person possesses or
will possess the training required to communicate to the extent
required by Sec. 15.730 of this part.
Sec. 15.725 [Amended]
0
325. In Sec. 15.725, in the first sentence, remove the words,
``licensed or documented'', and add, in their place, the word,
``credentialed''.
Sec. 15.730 [Amended]
0
326. In Sec. 15.730(d), remove the words, ``licensed individuals'',
wherever they appear, and add, in their place, the word, ``officers'';
and in the fourth sentence, after the words ``spoken directly by the'',
remove the words, ``licensed individual'', and add, in their place, the
word, ``officer''.
Sec. 15.805 [Amended]
0
327. In Sec. 15.805--
0
a. In paragraph (a) introductory text, after the words, ``license as'',
add the words, ``or a valid MMC with endorsement as master'';
0
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
0
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]
0
328. In Sec. 15.810--
0
a. In paragraph (a), remove the word ``licensed'';
0
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'';
0
c. In paragraphs (b)(1) through (5), remove the word, ``licensed'',
wherever it appears;
0
d. In paragraph (c), after the words, ``appropriate license'', add the
words, ``or MMC'';
0
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) of this part or hold a license or
MMC'';
0
f. In paragraph (d)(2) introductory text, after the words, ``officer's
license'', add the words, ``or MMC''; and
0
g. In paragraph (d)(2)(ii), remove the word, ``endorsed'', and add, in
its place, the words, ``or MMC with officer endorsement''.
0
329. In Sec. 15.812--
0
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'';
0
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''; remove the word, ``Operator'', wherever it
appears and add, in its place, the words, ``Master, Mate (Pilot) of
towing vessels''; and
0
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 with a first class pilot's 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:
* * * * *
Sec. 15.815 [Amended]
0
330. In Sec. 15.815--
0
a. In paragraph (a), remove the words, ``licensed deck individuals'',
and add, in their place, the words, ``deck officers''; and
0
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''.
Sec. 15.820 [Amended]
0
331. In Sec. 15.820--
0
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'';
0
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
[[Page 11263]]
appropriate MMC officer endorsement''; and
0
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]
0
332. In Sec. 15.825--
0
a. In paragraph (a), remove the words, ``appropriate license'' and add,
in their place, the words, ``appropriately endorsed license or MMC'';
and
0
b. In paragraph (b), remove the word, ``licensed'', and add, in its
place, the word, ``credentialed''.
Sec. 15.835 [Amended]
0
333. In Sec. 15.835 text, remove the number, ``10'', and add, in its
place, the number, ``11''.
Sec. 15.840 [Amended]
0
334. 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]
0
335. In Sec. 15.860--
0
a. In paragraph (a), after the words, ``merchant mariner's documents'',
add the words, ``or MMCs'';
0
b. In paragraph (f) introductory text, after the words, ``merchant
mariner's documents'', add the words, ``or MMCs'';
0
c. In paragraph (f)(3), remove the words, ``licensed person'', and add,
in their place, the words, ``credentialed officer'';
0
d. In paragraph (f)(4), remove the words, ``licensed or unlicensed
person'', and add, in their place, the words, ``officer or
crewmember''; and
0
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]
0
336. In Sec. 15.901, paragraphs (a), (b), (c), and (d), after the
words ``holding a 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]
0
337. 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''.
0
338. 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) of this part.
Sec. 15.915 Engineer Officer Endorsements.
0
339. In Sec. 15.915--
0
a. Revise the heading to read as set forth above.
0
b. 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
0
c. 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]
0
340. 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''.
0
341. In Sec. 15.1103--
0
a. Revise the section heading;
0
b. In paragraph (c), remove the words, ``After January 31, 2002, on'',
and add, in their place, the word, ``On''; and
0
c. Revise paragraphs (d), (e) introductory text, (f), and (h).
The revisions read as follows:
Sec. 15.1103 Employment and service within the restrictions of an
STCW endorsement or of a certificate of training.
* * * * *
(d) You must hold documentary evidence to show you meet the
requirements of Sec. Sec. 11.1005 or 12.30-5 of this chapter, as
appropriate, if you are a master or crewmember on board a Ro-Ro
passenger ship to which a certificate signifying compliance with the
International Convention for the Safety of Life at Sea, 1974, as
amended (SOLAS) (SOLAS is available from the International Maritime
Organization (IMO), 4 Albert Embankment, London, SE1 7SR, England,
telephone: + 44 (0)20 7735 7611, http://www.imo.org), has been issued.
(e) You must hold documentary evidence to show you meet the
requirements of Sec. Sec. 11.1005 or 12.30-5 of this chapter, as
appropriate, if you are a master or crewmember on board a vessel that
is--
* * * * *
(f) On board a seagoing vessel required to comply with provisions
of the Global Maritime Distress and Safety System (GMDSS) in Chapter IV
of SOLAS, no person may employ or engage any person to serve, and no
person may serve, as the master, chief mate, or officer of the
navigational watch, unless the person serving holds the appropriate
certificate or endorsement for operator of radio in GMDSS.
* * * * *
(h) On board a seagoing vessel fitted with an Automatic Radar
Plotting Aid (ARPA), no person may employ or engage any person to
serve, and no person may serve, as the master, chief mate, or officer
of the navigational watch, unless the person so serving has been
trained in the use of ARPA according to Sec. Sec. 11.205 or 11.209 of
this chapter, whichever is appropriate.
Sec. 15.1105 [Amended]
0
342. 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]
0
343. In Sec. 15.1107--
0
a. In the introductory text, after the words, ``mariner holding a
license'', add the words, ``, MMC,''; and
0
b. In paragraph (c), remove the words, ``licenses, documents, or
endorsements'', and add, in their place, the word, ``credentials''.
Sec. 15.1111 [Amended]
0
344. 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
0
345. 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.
0
346. In Sec. 16.105, add, in alphabetical order, a definition for
``credential'' as set out below; in the definition for ``crewmember'',
redesignate paragraphs (a), (b) introductory text, (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 newly redesignated paragraphs (1)
and (2) introductory text of the definition for ``crewmember'' to read
as follows:
[[Page 11264]]
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]
0
347. In Sec. 16.113(a), remove the words, ``documented and licensed'',
and add, in their place, the word, ``credentialed''.
Sec. 16.201 [Amended]
0
348. In Sec. 16.201--
0
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''; 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
0
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''.
0
349. 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) of this section if the
applicant submitted passing results of a chemical test for dangerous
drugs to the Coast Guard within 12 months of the date of application.
* * * * *
Sec. 16.230 [Amended]
0
350. In Sec. 16.230--
0
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
0
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]
0
351. 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
0
352. 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--Exhibition of Coast Guard Credential
0
353. Revise the heading to subpart 26.20 as set forth above.
Sec. 26.20-1 [Amended]
0
354. 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
0
355. 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]
0
356. In Sec. 28.275--
0
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''; remove the words ``64 CFR'' and add, in their
place, the text ``Sec. ''; and
0
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
0
357. 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]
0
358. 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
0
359. 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]
0
360. 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
0
361. The authority citation for part 35 continues to read as follows:
[[Page 11265]]
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]
0
362. In Sec. 35.05-1--
0
a. In the section heading, remove the words, ``Licensed officers'', and
add, in their place, the word, ``Officers''; and
0
b. In the text, remove the words ``licensed'' and ``certificated''
wherever they appear.
PART 42--DOMESTIC AND FOREIGN VOYAGES BY SEA
0
363. 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.
0
364. Add new Sec. 42.05-27 to read as follows:
Sec. 42.05-27 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]
0
365. 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
0
366. 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]
0
367. In Sec. 58.16-19(b), remove the word, ``licensed'', and add, in
its place, the word, ``credentialed''.
PART 61--PERIODIC TESTS AND INSPECTIONS
0
368. 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]
0
369. In Sec. 61.15-10(a), remove the words, ``a licensed'', and add,
in their place, the words, ``an appropriately credentialed''.
PART 78--OPERATIONS
0
370. 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]
0
371. In the heading to subpart 78.65, remove the word, ``License'', and
add, in its place, the words, ``Merchant Mariner Credential'';
0
372. Revise Sec. 78.65-1 to read as follows:
Sec. 78.65-1 Officers.
All officers on a vessel must have their licenses or officer
endorsements conspicuously displayed.
PART 97--OPERATIONS
0
373. 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--Exhibition of Merchant Mariner Credential
0
374. Revise the heading to subpart 97.53 to read as set forth above.
0
375. Revise Sec. 97.53-1 to read as follows:
Sec. 97.53-1 Officers.
All officers on a vessel must have their licenses or officer
endorsements conspicuously displayed.
PART 98--SPECIAL CONSTRUCTION, ARRANGEMENT, AND OTHER PROVISIONS
FOR CERTAIN DANGEROUS CARGOES IN BULK
0
376. 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]
0
377. In Sec. 98.30-17--
0
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
0
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
0
378. 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]
0
379. In Sec. 105.05-10(c)(2), remove the word, ``licensed''.
Sec. 105.45-1 [Amended]
0
380. In Sec. 105.45-1--
0
a. In paragraph (a)(1), remove the word, ``documents'' and add, in its
place, the words, ``merchant mariner credentials or merchant mariner's
documents'';
0
b. In paragraph (b)(1), before the words, ``merchant mariner's
document'', add the words, ``merchant mariner credential or''; and
0
c. In paragraph (b)(2), after the word, ``license'', add the words,
``or merchant mariner credential''.
PART 114--GENERAL PROVISIONS
0
381. 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]
0
382. 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
0
383. 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]
0
384. In Sec. 115.113(b)(1)(iii), remove the word, ``licensed'' and
add, in its place, the word ``credentialed''.
[[Page 11266]]
PART 122--OPERATIONS
0
385. 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]
0
386. In Sec. 122.402--
0
a. In the section heading, remove the word, ``Licenses'', and add, in
its place, the word ``Officers''; and
0
b. In the text, remove the words, ``licensed individual'', and add, in
their place, the word ``officer''; 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]
0
387. In Sec. 122.910 text, 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
0
388. 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.
0
389. 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
0
390. 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]
0
391. 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]
0
392. In Sec. 131.905(b), after the words, ``the suspension or
revocation of'', add the words, ``credentials''.
0
393. 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 officer endorsements as required by 46 U.S.C. 7110.
PART 151--BARGES CARRYING BULK LIQUID HAZARDOUS MATERIAL CARGOES
0
394. 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]
0
395. In Sec. 151.03-53 introductory text, before the words, ``merchant
mariner's documents'', add the words, ``merchant mariner credentials
or''.
PART 166--DESIGNATION AND APPROVAL OF NAUTICAL SCHOOL SHIPS
0
396. 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]
0
397. 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
0
398. 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]
0
399. 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]
0
400. In Sec. 169.805--
0
a. In the section heading, remove the word, ``licenses'', and add, in
its place, the words, ``merchant mariner credentials''; and
0
b. In the text, remove the words, ``Licensed personnel'' and add, in
their place, the word ``Officers''; 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
0
401. 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]
0
402. Revise Sec. 175.118(c)(3) to read as follows:
Sec. 175.118 Vessels operating under an exemption afforded in the
Passenger Vessel Safety Act of 1993 (PVSA).
* * * * *
(c) * * *
(3) The owner or operator must crew the vessel under the
requirements of this subchapter. All officers must be endorsed for the
appropriate vessel tonnage. The OCMI may require an appropriately
endorsed engineer officer for those vessels of at least 200 gross tons.
Vessels carrying more than 50 passengers must have an additional
deckhand, and all deckhands on vessels carrying more than 50 passengers
must be adequately trained. The crew members on a vessel of at least
200 gross tons, except those operated exclusively on lakes and rivers,
are required to hold merchant mariner credentials or merchant mariner
documents and 50 percent of the merchant mariner credentials or at
least an able seaman.
* * * * *
Sec. 175.400 [Amended]
0
403. 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
0
404. 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]
0
405. In Sec. 176.113(b)(1)(iii), remove the word, ``licensed''.
[[Page 11267]]
PART 185--OPERATIONS
0
406. 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.
0
407. 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]
0
408. 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
0
409. 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--Exhibition of Credential
0
410. Revise the heading to subpart 196.53 to read as set forth above.
0
411. Revise Sec. 196.53-1 to read as follows:
Sec. 196.53-1 Officers.
All officers on a vessel must have their licenses or officer
endorsements conspicuously displayed.
PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS
0
412. 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]
0
413. 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
0
414. 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.
0
415. In Sec. 401.110--
0
a. In paragraph (a)(8), after the word, ``license'', add the words,
``or merchant mariner credential''; and
0
b. In paragraph (a)(12), after the words, ``who holds a license'', add
the words, ``or merchant mariner credential endorsed''; and
0
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]
0
416. Revise Sec. 401.210(a)(1) and (a)(6) to read as follows:
Sec. 401.210 Requirements and qualifications for registration.
(a) * * *
(1) The individual holds a license or MMC endorsed as a master,
mate, or pilot, issued under the authority of the provisions of Title
52 of the Revised Statutes, and has acquired at least twenty-four
months service as a licensed or credentialed officer or comparable
experience on vessels or integrated tugs and tows, of 4,000 gross tons,
or over, operating on the Great Lakes or oceans. Those applicants
qualifying with ocean service must have obtained at least six months of
service as a licensed or credentialed officer or comparable experience
on the Great Lakes. Those applicants qualifying with comparable
experience must have served a minimum of twelve months as a deck
officer under the authority of their license or MMC.
* * * * *
(6) Until April 15, 2009, the individual possesses a validated
Merchant Mariner's Document issued by the Coast Guard or a valid
Transportation Worker Identification Credential (TWIC). After April 15,
2009, the individual must posses a valid TWIC.
Sec. 401.220 [Amended]
0
417. In Sec. 401.220(d), remove the word, ``license'', and add, in its
place, the word, ``endorsement''.
Sec. 401.230 [Amended]
0
418. In Sec. 401.230(a), remove the word, ``license'', and add, in its
place, the word, ``endorsement''.
Sec. 401.250 [Amended]
0
419. 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
0
420. 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]
421. In Sec. 402.220(a)(1), (a)(2), and (a)(3), after the word,
``license'', wherever it appears, add the words, ``or endorsement''.
Dated: January 15, 2009.
Brian M. Salerno,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety,
Security & Stewardship.
[FR Doc. E9-5436 Filed 3-10-09; 4:15 pm]
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