[Code of Federal Regulations]
[Title 46, Volume 1]
[Revised as of October 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR10.302]

[Page 136-138]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 10_LICENSING OF MARITIME PERSONNEL--Table of Contents
 
            Subpart C_Training Schools with Approved Courses
 
Sec. 10.302  Course approval.

    (a) The Coast Guard approves courses satisfying regulatory 
requirements and those that substitute for a Coast Guard examination or 
a portion of a sea service requirement. The owner or operator

[[Page 137]]

of a training school desiring to have a course approved by the Coast 
Guard shall submit a written request to the Commanding Officer, National 
Maritime Center, NMC-42, 100 Forbes Drive, Martinsburg WV 25404, that 
contains:
    (1) A list of the curriculum including a description of and the 
number of classroom hours required in each subject;
    (2) A description of the facility and equipment;
    (3) A list of instructors including the experience, background, and 
the qualifications of each; and
    (4) Specify the Coast Guard training requirements the course is 
intended to satisfy.
    (b) The Coast Guard notifies each applicant in writing whether or 
not an approval is granted. If a request for approval is denied, the 
Coast Guard informs the applicant the reasons for the denial and 
describes what corrections are required for an approval.
    (c) Unless sooner surrendered, suspended or withdrawn, an approval 
for a course at a training school that meets Coast Guard standards 
expires 24 months after the month in which it is issued, when the school 
closes, when the school gives notice that it will no longer offer the 
course, or on the date of any change in the ownership of the school for 
which it was issued, whichever occurs first.
    (d) If the owner or operator of a training school desires to have a 
course approval renewed, they shall submit a written request to the 
address listed in paragraph (a) of this section. For the request to be 
approved, the Coast Guard must be satisfied that the content and quality 
of instruction remain satisfactory. Unless sooner surrendered, suspended 
or withdrawn, a renewal of the approval expires 60 months after the 
month it is issued, when the school closes, when the school gives notice 
that it will no longer offer the course, or on the date of any change in 
ownership of the school for which it is issued, whichever occurs first.
    (e) Suspension of approval. If the Coast Guard determines that a 
specific course does not comply with the provisions of 46 CFR parts 10, 
12, 13 or 15, or the requirements specified in the course approval; or 
substantially deviates from the course curriculum package as submitted 
for approval; or if the course is being presented in a manner that is 
insufficient to achieve learning objectives; the cognizant OCMI may 
suspend the approval, may require the holder to surrender the 
certificate of approval, if any, and may direct the holder to cease 
claiming the course is Coast Guard approved. The Cognizant OCMI will 
notify the approval holder in writing of its intention to suspend the 
approval and the reasons for suspension. If the approval holder fails to 
correct the reasons for suspension, the course will be suspended and the 
matter referred to the Commanding Officer, National Maritime Center. The 
Commanding Officer, National Maritime Center, will notify the approval 
holder that the specific course fails to meet applicable requirements, 
and explain how those deficiencies can be corrected. The Commanding 
Officer, National Maritime Center, may grant the approval holder up to 
60 days in which to correct the deficiencies.
    (f) Withdrawal of approval. (1) The Commanding Officer, National 
Maritime Center, may withdraw approval for any course when the approval 
holder fails to correct the deficiency(ies) of a suspended course within 
a time period allowed under paragraph (e) of this section.
    (2) The Commanding Officer, National Maritime Center, may withdraw 
approval of any or all courses by an approval holder upon a 
determination that the approval holder has demonstrated a pattern or 
history of:
    (i) Failing to comply with the applicable regulations or the 
requirements of course approvals;
    (ii) Substantial deviations from their approved course curricula; or
    (iii) Presenting courses in a manner that is insufficient to achieve 
learning objectives.
    (g) Appeals of suspension or withdrawal of approval. Anyone directly 
affected by a decision to suspend or withdraw an approval may appeal the 
decision to the Commandant via the Commanding

[[Page 138]]

Officer, National Maritime Center, as provided in Sec. 1.03-45 of this 
chapter.

[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 95-072, 60 FR 
50460, Sept. 29, 1995; USCG-1998-4442, 63 FR 52189, Sept. 30, 1998; 
USCG-1998-3824, 64 FR 4984, Feb. 2, 1999; USCG-2004-18884, 69 FR 58342, 
Sept. 30, 2004; USCG-2008-0906, 73 FR 56508, Sept. 29, 2008]