[Code of Federal Regulations]
[Title 46, Volume 1]
[Revised as of Octobery 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR10.209]

[Page 127-129]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 10_LICENSING OF MARITIME PERSONNEL--Table of Contents
 
  Subpart B_General Requirements for All Licenses and Certificates of 
                                Registry
 
Sec. 10.209  Requirements for renewal of licenses, certificates of registry, 
and STCW certificates and endorsements.

    (a) General. Except as provided in paragraph (g) of this section, an 
applicant for renewal of a license or certificate of registry shall 
establish possession of all of the necessary qualifications before the 
license or certificate of registry is issued.
    (1) Each application must be on a Coast Guard furnished form and be 
accompanied by the evaluation fee set out in table 10.109 in Sec. 
10.109. An approved application is valid for 12 months.
    (2) The applicant may apply in person at any Regional Examination 
Center listed in Sec. 10.105 or may renew the license or certificate of 
registry by mail under paragraph (e)(3) of this section.
    (3) The applicant shall submit the original or a photocopy of the 
license or certificate of registry to be renewed. A photocopy will 
include the back and all attachments. If requested, the old license or 
certificate of registry will be returned to the applicant.
    (b) Fitness. No license or certificate of registry will be renewed 
if it has been suspended without probation or revoked as a result of 
action under part 5 of this chapter, or facts that would render a 
renewal improper have come to the attention of the Coast Guard.
    (c) Professional requirements. (1) In order to renew a license as 
master, mate, engineer, pilot, or operator, the applicant shall:
    (i) Present evidence of at least 1 year of sea service during the 
past 5 years;
    (ii) Pass a comprehensive, open-book exercise covering the general 
subject matter contained in appropriate sections of subpart I of this 
part;
    (iii) Complete an approved refresher training course; or
    (iv) 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 3 years during the past 5 years. 
An applicant for a deck license with this type of employment must also 
demonstrate knowledge on an applicable Rules of the Road exercise.
    (2) The qualification requirements for renewal of radar observer 
endorsement are in Sec. 10.480.
    (3) Additional qualification requirements for renewal of a license 
as pilot are contained in Sec. 10.713.
    (4) An applicant for renewal of a radio officer's license shall, in 
addition to meeting the requirements of paragraphs (a) and (b) of this 
section, present a currently valid license as first- or second-class 
radiotelegraph operator issued by the Federal Communications Commission. 
This license will be returned to the applicant.
    (5) An applicant for renewal of a medical doctor or professional 
nurse certificate of registry shall, in addition to meeting the 
requirements of paragraphs (a) and (b) 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.
    (6) An applicant for renewal of a license as master or mate (pilot) 
of towing vessels shall submit satisfactory evidence of either by--
    (i) Completing a practical demonstration of maneuvering and handling 
a towing vessel before a designated examiner; or
    (ii) Submitting documentary proof of ongoing participation in 
training and drills during the validity of the license being renewed.
    (d) Physical requirements. (1) An applicant for renewal of a license 
shall submit a certification by a licensed physician or physician 
assistant that he or

[[Page 128]]

she is in good health and has no physical impairment or medical 
condition which would render him or her incompetent to perform the 
ordinary duties of that license. This certification must address visual 
acuity and hearing in addition to general physical condition and must 
have been completed within 12 months of the date of application.
    (2) If the OCMI has reason to believe that an applicant for renewal 
of a license suffers from some physical impairment or medical condition 
which would render the applicant incompetent to perform the ordinary 
duties of that license, the applicant may be required to submit the 
results of an examination by a licensed physician or physician assistant 
that meets the requirements for original license.
    (3) An applicant who has lost the sight of one eye may obtain a 
renewal of license, provided that the applicant is qualified in all 
other respects and that the visual acuity in the one remaining eye 
passes the test required under Sec. 10.205(d).
    (4) Physical examinations are not required for renewal of 
certificates of registry.
    (e) Special circumstances--(1) Period of grace. Except as provided 
herein, a license may not be renewed more than 12 months after it has 
expired. To obtain a reissuance of the license, an applicant must comply 
with the requirements of paragraph (f) of this section. When an 
applicant's license 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 license expiration which precluded renewal may be 
added to the 12 month period of grace. The 12 month period of grace, and 
any extension, do not affect the expiration date of the license. A 
license is not valid for use after the expiration date.
    (2) Renewal in advance. A license or certificate of registry may not 
be renewed more than 12 months before expiration unless it is being 
renewed in conjunction with a merchant mariner's document which is 
either due for renewal or being endorsed, or unless the OCMI is 
satisfied that special circumstances exist to justify renewal.
    (3) Renewal by mail. (i) Applications for renewal by mail of 
licenses or certificates of registry may be sent to the Coast Guard 
Regional Examination Center that issued the license or certificate of 
registry or holds the applicant's file. The following documents must be 
submitted:
    (A) A properly completed application on a Coast Guard furnished form 
and the evaluation fee required by table 10.109 in Sec. 10.109.
    (B) The expired license or certificate of registry to be renewed; 
or, if it has not expired, a photocopy of the license or certificate, 
including the back and all attachments.
    (C) A certification from a licensed physician or physician assistant 
in accordance with paragraph (d) of this section for the renewal of a 
license.
    (D) If the applicant desires to renew a license with a radar 
observer endorsement, either the radar observer certificate or a 
certified copy.
    (E) Evidence of, or acceptable substitute for, sea service for the 
renewal of a license.
    (F) For a certificate of registry as a medical doctor or 
professional nurse, 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.
    (ii) The open-book exercise, if required, may be administered 
through the mail.
    (iii) Upon receipt of the renewed license or certificate of 
registry, the applicant shall sign it in order to validate the license 
or certificate.
    (4) Concurrent renewal of licenses, certificates of registry, and 
merchant mariner's documents. An applicant for concurrent renewal of 
more than one merchant mariner credential shall satisfy the individual 
renewal requirements and pay the applicable fees required by the tables 
in Sec. Sec. 10.109 and 12.02-18 of this chapter for each license, 
certificate of registry, or merchant mariner's document being renewed.

[[Page 129]]

    (f) Reissuance of expired license or certificate of registry. (1) 
Whenever an applicant applies for reissuance of a license more than 12 
months after expiration, in lieu of the requirements of paragraph (c) of 
this section, the applicant shall demonstrate continued professional 
knowledge by completing a course approved for this purpose, or by 
passing the complete examination for that license. The examination may 
be oral-assisted if the expired license was awarded on an oral exam. The 
fees listed in table 10.109 in Sec. 10.109 apply to these examinations. 
In the case of an expired radio officer's license, the license may be 
issued upon presentation of a valid first- or second-class 
radiotelegraph operator license issued by the Federal Communications 
Commission.
    (2) A certificate of registry that has been expired for more than 12 
months shall be renewed in the same way as a current certificate of 
registry. There are no additional requirements for reissuing 
certificates of registry that have been expired for more than 12 months.
    (g) Inactive license renewal. (1) Applicants for renewal of licenses 
who are unwilling or otherwise unable to meet the requirements of 
paragraphs (c) or (d) of this section may renew their licenses, with the 
following restrictive endorsement placed on the back of the license: 
``License renewed for continuity purposes only; service under the 
authority of this license is prohibited.'' Holders of licenses with this 
continuity endorsement may have the prohibition rescinded at any time by 
satisfying the renewal requirements in paragraphs (c), (d), and (h) of 
this section.
    (2) Applications for renewal of a license with the continuity 
endorsement must include:
    (i) The license to be renewed, or, if it is unexpired, a photocopy 
of the license including the back and all attachments; and,
    (ii) A signed statement from the applicant attesting to an awareness 
of the restriction to be placed on the renewed license, and of the 
requirements for rescinding the continuity endorsement.
    (h) Chemical testing for dangerous drugs. Except for applicants 
requesting an inactive license renewal under paragraph (g) of this 
section, each applicant for the renewal of a license or of a certificate 
of registry 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 a license or certificate of registry.
    (i) Each applicant for a renewal may be required to consent to a 
criminal record check under Sec. 10.201(h).
    (j) Each applicant for renewal of a license or certificate of 
registry shall consent to an NDR check under Sec. 10.201(i).
    (k) Except as otherwise provided by Sec. 10.202, each candidate for 
a renewal of an STCW certificate or endorsement as master, mate, 
operator, or engineer, to be valid on or after February 1, 2002, for 
service on any vessel in ocean or near-coastal service, shall meet the 
applicable requirements of paragraphs (l), (m), (n), and (o) in Sec. 
10.205 and shall meet the requirements of Section A-VI/2, paragraph 1 to 
4 of the STCW Code.

[CGD 91-211, 59 FR 49299, Sept. 27, 1994, as amended by CGD 91-223, 60 
FR 4525, Jan. 23, 1995; CGD 91-212, 60 FR 65486, Dec. 19, 1995; CGD 95-
062, 62 FR 34531, June 26, 1997; CGD 95-062, 62 FR 40281, July 28, 1997; 
USCG-1997-2799, 64 FR 42815, Aug. 5, 1999; USCG-1999-6224, 64 FR 63225, 
Nov. 19, 1999; 66 FR 20935, Apr. 26, 2001; USCG-2004-18884, 69 FR 58342, 
Sept. 30, 2004]