Consolidation of Merchant Mariner Qualification Credentials, 3605-3695 [07-18]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 72, Number 16 (Thursday, January 25, 2007)]
[Proposed Rules]
[Pages 3605-3695]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-18]



Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / 
Proposed Rules

[[Page 3605]]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 1, 20, 70, 95, 101, 110, 141, 155, 156, 160, 162, 163, 
164, and 165

46 CFR Parts 1, 4, 5, 10, 11, 12, 13, 14, 15, 16, 26, 28, 30, 31, 
35, 42, 58, 61, 78, 97, 98, 105, 114, 115, 122, 125, 131, 151, 166, 
169, 175, 176, 185, 196, 199, 401 and 402

Docket No. USCG-2006-24371
RIN 1625-AB02


Consolidation of Merchant Mariner Qualification Credentials

AGENCY: United States Coast Guard, DHS.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard issues this Supplemental Notice of Proposed 
Rulemaking (SNPRM) for the Consolidation of Merchant Mariner 
Qualification Credentials rulemaking project to amend its Notice of 
Proposed Rulemaking (NPRM) published in May 2006. The purpose of this 
SNPRM is to address comments received from the public on the NPRM, 
revise the proposed rule based on those comments, and provide the 
public with an additional opportunity to comment on the proposed 
revisions. This revised proposed rule would work in tandem with the 
joint final rule published by the Coast Guard and the Transportation 
Security Administration (TSA) published elsewhere in today's Federal 
Register entitled ``Transportation Worker Identification Credential 
(TWIC) Implementation in the Maritime Sector; Hazardous Materials 
Endorsement for a Commercial Driver's License''.

DATES: Comments and related material must reach the Docket Management 
Facility on or before April 25, 2007.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2006-24371 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Web Site: https://dms.dot.gov.
    (2) Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Room PL-401, Washington, DC 
20590-0001.
    (3) Fax: 202-493-2251.
    (4) Delivery: Room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    (5) Federal eRulemaking Portal: https://www.regulations.gov.
    See SUPPLEMENTARY INFORMATION for format and other information 
about comment submissions.

FOR FURTHER INFORMATION CONTACT: For questions concerning this proposed 
rule, call Mr. Luke Harden (G-PSO-1), United States Coast Guard, 2100 
Second Street, SW., Washington, DC 20593; telephone 1-877-687-2243.
    For questions concerning viewing or submitting material to the 
docket, call Renee V. Wright, Program Manager, Docket Management 
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh 
Street SW., Washington, DC 20590-0001; telephone (202) 493-0402.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Public Participation and Request for Comments
II. Background and Purpose
III. Discussion of the Proposed Rulemaking
IV. Quick Summary of Differences Between this SNPRM and the Current 
Regulations
V. Discussion of Comments and Changes
    A. Comments From the Docket or Public Meetings
    1. Comments Regarding TWIC
    2. General Objections to the Rulemaking
    3. Course of the Rulemaking
    4. Appeals
    5. Applicability
    6. Application Process
    7. Authority
    8. Burden
    9. Citizenship
    10. Concurrent Processing of Applications
    11. Continuity Licenses
    12. Definitions
    13. Editing
    14. Expiration dates
    15. Format of the MMC
    16. General
    17. International Agreements
    18. Information Sharing
    19. Interim Credentials
    20. Invalid Credentials
    21. License Creep
    22. Loss of License as Separate Credential
    23. Medical
    24. National Driver Register
    25. Port Access
    26. Posting
    27. Preemption
    28. Personal Privacy
    29. Public Meetings
    30. Regulatory Requirements
    31. Renewals and Duplicates
    32. Suspension and Revocation
    33. Safety and Suitability
    34. Miscellaneous Comments Outside the Scope of this Rulemaking
    35. Support for the Rulemaking
    36. Travel
    37. Vetting
    B. Recommendations from Advisory Committees
    1. MERPAC strongly recommends that TSA remove mariners from the 
TWIC project.
    2. Given the size, complexity, and impact of these three 
rulemaking proposals; MERPAC recommends an extension of the comment 
period for at least another ninety days.
    3. MERPAC recommends that the Coast Guard delay implementation 
of the MMC, separating the implementation of the MMC from the TWIC 
implementation.
    4. MERPAC believes that this rulemaking exceeds the authority of 
the Coast Guard to create a consolidated credential.
    5. Page 29464 states that there are no changes to the 
qualifications, experience, examinations, classes and other 
requirements needed, and that this is just a reorganization of 
existing regulations.
    6. The Coast Guard needs to protect a mariner's financial 
information by removing the requirement to place the applicants 
Social Security Number on the face of the form of payment.
    7. MERPAC suggests the removal of the language in section 
10.211(e).
    8. Section 10.217 allows the Coast Guard to designate other 
Coast Guard locations to provide service to applicants for MMCs, and 
MERPAC applauds this addition.
    9. Section 10.225 states that mariners must surrender their old 
MMC, but 10.227 states that the mariner can retain an expired 
document.
    10. MERPAC recommends that the Coast Guard create an MMC that is 
convenient for the mariner.
    11. MERPAC recommends that the Coast Guard begin a new 
rulemaking that would harmonize the criminal background checks with 
TSA standards.
    12. MERPAC recommends that Coast Guard remove the self-
disclosure portion of the application process.
    13. MERPAC has concerns about the appeal process, and encourages 
the agencies to further define and explain this process.
    14. MERPAC recommends that Coast Guard redesign the rulemaking 
to assure that mariners can make application for their TWIC and 
their MMC simultaneously.
    15. MERPAC recommends that the Coast Guard and TSA develop an 
interim clearance process be provided to a mariner, and that 
mariners be allowed to train and work, while awaiting a final 
determination.
    C. Additional Changes Made in this SNPRM
    1. Purpose of rules in this part. (10.101)
    2. Definitions in Subchapter B. (10.107)
    3. General characteristics of the Merchant Mariner Credential. 
(10.201)
    4. Requirement to hold a TWIC and a Merchant Mariner Credential. 
(10.203)
    5. Validity of a Merchant Mariner Credential. (10.205)
    6. General application procedures. (10.209)
    7. Criminal record review. (10.211)
    8. Medical and physical requirements. (10.215)

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    9. MMC application and examination locations. (10.217)
    10. Fees. (10.219)
    11. Citizenship. (10.221)
    12. Modification or removal of limitations or scope (10.223)
    13. Requirements for originals. (10.225)
    14. Requirements for renewal. (10.227)
    15. Requirements for raises of grade or new endorsements. 
(10.231)
    16. Obligations of the holder of a Merchant Mariner Credential. 
(10.233)
    17. Suspension or revocation of Merchant Mariner Credentials. 
(10.235)
    18. Right of appeal. (10.237)
    19. Quick reference table for MMC requirements. (10.239)
    20. Application process
    21. Amendatory Instructions
    22. Eligibility for officer endorsements, general. (11.201)
    23. Identification Credentials for Persons Requiring Access to 
Waterfront Facilities or Vessels. (33 CFR part 125)
    24. Amendments from the TWIC Final Rule. (10.113, 12.01-11 and 
15.415)
    25. Other Corrections Outside 46 CFR part 10
VI. Regulatory Evaluation
    A. Executive Order 12866 (Regulatory Planning and Review)
    B. Regulatory Flexibility Act
    C. Assistance for Small Entities
    D. Collection of Information
    E. Executive Order 13132 (Federalism)
    F. Unfunded Mandates Reform Act
    G. Executive Order 12630 (Taking of Private Property)
    H. Executive Order 12988 (Civil Justice Reform)
    I. Executive Order 13045 (Protection of Children)
    J. Executive Order 13175 (Indian Tribal Governments)
    K. Executive Order 13211 (Energy Effects)
    L. Technical Standards
    M. National Environmental Policy Act

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to https://dms.dot.gov and will include any personal 
information you have provided. We have an agreement with the Department 
of Transportation (DOT) to use the Docket Management Facility. Please 
see DOT's ``Privacy Act'' paragraph below.
    Submitting comments: If you submit a comment, please include your 
name and address, identify the docket number for this rulemaking (USCG-
2006-24371), indicate the specific section of this document to which 
each comment applies, and give the reason for each comment. You may 
submit your comments and material by electronic means, mail, fax, or 
delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material only once. If 
you submit them by mail or delivery, submit them in an unbound format, 
no larger than 8\1/2\ inches by 11 inches, suitable for copying and 
electronic filing. If you submit them by mail and would like the Coast 
Guard to acknowledge receipt, please enclose a stamped, self-addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period. We may change this proposed rule in 
view of them.
    Viewing comments and documents: To view comments, as well as 
documents mentioned in this preamble as being available in the docket, 
go to https://dms.dot.gov at any time, click on ``Simple Search,'' enter 
the last five digits of the docket number for this rulemaking [24371], 
and click on ``Search.'' You may also visit the Docket Management 
Facility in Room PL-401 on the Plaza level of the Nassif Building, 400 
Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    Privacy Act: Anyone can search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
Department of Transportation's Privacy Act Statement published in the 
Federal Register on April 11, 2000 (65 FR 19477), or you may visit 
https://dms.dot.gov.

II. Background and Purpose

    On May 22, 2006, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) in the Federal Register titled ``Consolidation of 
Merchant Mariner Qualification Credentials.'' (71 FR 29462). The NPRM 
included a 45-day comment period, and announced four public meetings 
that were held in Newark, NJ, Tampa, FL, St. Louis, MO, and Long Beach, 
CA.
    During the comment period for the NPRM, the Coast Guard received 
over 100 requests, both in writing in the docket for this rulemaking 
and in person at the public meetings, for additional time to comment. 
These requests came from individuals, large and small businesses, 
industry organizations, and members of Congress. Among other things, 
these comments stated that the 45 day comment period did not provide 
enough time to comment on the NPRM or on the accompanying 
Transportation Worker Identification Credential (TWIC) Implementation 
in the Maritime Sector; Hazardous Materials Endorsement for a 
Commercial Driver's License rule (``TWIC rule'') NPRM published the 
same day (71 FR 29395). Concerns were raised that the 45 day public 
review period prevented a thorough analysis of the proposed 
rulemakings.
    After considering these requests, the Coast Guard chose not to 
extend the comment period on the NPRM, but instead to publish this 
Supplementary Notice of Proposed Rulemaking (SNPRM). This SNPRM should 
provide the public with more opportunity to participate in the 
rulemaking process than would have been provided by an extension of the 
comment period for the NPRM. This SNPRM addresses those substantive 
comments received during the NPRM comment period, proposes changes to 
the regulatory text as a result of those comments, solicits additional 
input on key points of interest, and most importantly, provides an 
additional opportunity for the public to comment on these proposed 
regulatory changes.
    Public comment is sought on all proposed regulatory changes, not 
just those that are newly introduced in this SNPRM. The changes that 
were proposed in the NPRM were discussed in that document and are not 
discussed again in the preamble to this SNPRM. The regulatory text at 
the end of this document reflects the combination of the changes 
proposed in the NPRM as well as those changes that were made to the 
NPRM as a result of public comments and additional Coast Guard review. 
The Coast Guard seeks public comment on the regulatory text provided in 
this SNPRM, not the text provided in the NPRM. The preamble of the NPRM 
should be referenced as an aid, however, because it discusses changes 
that may not have been altered between the NPRM and SNPRM, and it is a 
useful tool to locate where proposed text originated in our current 
regulations. Because of the large number of amendatory instructions and 
numerous changes made to the proposed regulations since the NPRM, to 
further aid the public's review of this SNPRM, a redline version of the 
rule text, showing all changes to the text from the NPRM to the SNPRM, 
is available in the public docket for this rulemaking.

III. Discussion of the Proposed Rulemaking

    This rulemaking was precipitated by the promulgation of the 
Maritime Transportation Security Act (MTSA), which included a 
requirement in 46 U.S.C. 70105 that the Secretary of the Department of 
Homeland Security issue a biometric transportation security card to, 
among others, every ``individual issued a license, certificate of 
registry,

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or merchant mariners document under part E of subtitle II of this 
title''. The Secretary designated the TWIC as this biometric security 
card, and tasked the Transportation Security Administration (TSA) to 
promulgate regulations implementing TWIC. Similarly, on October 13, 
2006, the Security and Accountability for Every Port Act of 2006 (SAFE 
Port Act) (Pub.L. 109-347) was enacted. Among other things, the SAFE 
Port Act mandates concurrent processing of a mariner's TWIC and MMD by 
TSA and the Coast Guard. This mandate was not created for license 
applicants, however the Coast Guard has voluntarily extended concurrent 
processing to licenses as well, as discussed below.
    TSA, with support from the Coast Guard, published a joint final 
rule for the TWIC regulatory project elsewhere in today's Federal 
Register. That final rule sets out the application requirements and 
implementation schedule for the TWIC. TSA will soon begin issuing the 
TWIC and will enroll port and vessel employees over a period of 18 
months in over 125 TWIC enrollment centers.
    All credentialed merchant mariners are required by 46 U.S.C. 70105 
and the TWIC rule to apply for and obtain a TWIC. To apply for a TWIC, 
a mariner must appear in person at a TWIC enrollment center to be 
fingerprinted, photographed and show proof of identification. The new 
TWIC application requirements are duplicative for mariners. Currently, 
all mariners applying for a merchant mariner's document (MMD), merchant 
mariner's license (license) and/or certificate of registry (COR) must 
appear in person at a Coast Guard Regional Examination Center (REC) to 
be fingerprinted by and show proof of identification to an REC 
employee. The appearance requirement in the TWIC rule is less 
burdensome on mariners, however, because there will be over 125 TWIC 
enrollment centers vice the 17 RECs. This rule proposes to remove the 
requirement that mariners appear at an REC. As proposed in this SNPRM, 
once a mariner appears in person to apply for their TWIC, they can 
complete their entire MMC application process by mail unless an 
examination is required. Also, since TSA will be verifying the identity 
of and conducting a security threat assessment for all TWIC applicants, 
this rulemaking also proposes to remove the Coast Guard security and 
identity vetting requirements for mariners. This proposed rulemaking 
would remove those application requirements made duplicative by the 
TWIC rule.
    The creation of the TWIC requirement increases the number of 
credentials that a mariner may be required to carry to five. To 
streamline the process and lessen the number of credentials that a 
mariner must carry, this rulemaking proposes to consolidate the 
license, MMD, COR and STCW endorsement into one credential, called the 
Merchant Mariner Credential (MMC). The MMC would be issued to every 
qualified mariner and would contain the mariner's photograph and other 
identity information currently shown on the MMD as well as endorsements 
reflecting the individual's particular job qualifications. The 
mariner's job qualifications would appear in the form of endorsements 
on the MMC. Endorsements currently associated with a License or COR 
would be referred to as officer endorsements, those currently provided 
on the MMD would be referred to as rating endorsements, and those 
currently appearing on the STCW endorsement would continue to be 
referred to as STCW endorsements. A full list of the available 
endorsements is provided in proposed 46 CFR 10.109. If this rulemaking 
goes into effect, mariners would hold two separate, but linked 
credentials: a TWIC as the MTSA-required biometric security card, and 
the MMC as the consolidated qualification credential for merchant 
mariners.
    To consolidate the merchant mariner qualification documents into 
one, it is necessary to consolidate the Coast Guard's application and 
procedural regulatory requirements for MMDs, licenses, CORs and STCW 
endorsements that are currently contained in 46 CFR parts 10 and 12. As 
proposed in this rulemaking, part 10 would contain only those 
application and procedural requirements necessary to obtain the MMC for 
all applicants. Those requirements for licenses, that are currently in 
part 10 but are not directly applicable to all credential applicants, 
have been moved to create a new part 11. Part 12 would continue to hold 
only those requirements exclusive to ratings that do not directly apply 
to the procedures for application.
    In this proposed rulemaking, although there are a large number of 
terminology changes proposed throughout titles 33 and 46 CFR, almost 
all of the proposed substantive changes were made in part 10. The large 
number of changes outside part 10 contain mostly editorial changes, 
removing references to the terms ``license'', ``MMD'', ``COR'', 
``certificate'', ``document'', etc that would no longer be appropriate, 
and replacing them with the terms ``MMC'', ``credential'', 
``endorsement'', ``officer endorsement'', ``rating endorsement'', etc. 
as appropriate.
    Throughout this rulemaking, where possible, existing regulatory 
language was retained to minimize changes to the qualifications, 
experience, examinations, classes and other requirements needed to 
serve as a merchant mariner. At times, however, it was necessary to 
make substantive changes to the regulatory text in order to consolidate 
the application requirements for ratings and officers, or to simplify 
the application process.
    The regulatory changes proposed in this SNPRM are intended to serve 
as a benefit to merchant mariners. This rulemaking is intended to take 
advantage of the TWIC requirement, and use it to reduce the travel 
burden on mariners and consolidate the credentialing process. It is not 
only expected to reduce the financial burden on mariners by removing 
the requirement that they travel to one of 17 Coast Guard RECs, but 
also improve clarity, reduce the processing time currently creating 
backlogs at the RECs, and reduce the number of fees paid to the Coast 
Guard by mariners.
    If the regulatory changes proposed in this SNPRM are made final, it 
is not expected that they would become effective until approximately 
August, 2008. The delay in effectiveness coincides with the TWIC roll 
out schedule and is necessary to allow all mariners to obtain a TWIC 
before it is a prerequisite for the MMC. In addition, it allows for the 
construction and testing of the system that would transmit all 
applicants' personal data from TSA to the Coast Guard.

IV. Quick Summary of Differences Between This SNPRM and the Coast 
Guard's Current Regulations

    This list is not intended to include every proposed change to the 
regulations, but provides a quick reference summary of some of the most 
important changes proposed.

General

     Creates the merchant mariner credential (MMC), which would 
contain the elements of the MMD, license, COR and STCW endorsement, 
reducing the total number of credentials a mariner could be required to 
hold to two: The MMC and the TWIC.
     Phases in the MMC over a period of five years to begin 
approximately August 2008.
     Transfers the security and identity vetting portion of the 
merchant mariner credentialing process entirely to TSA.

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     Provides a complete list of officer, rating and STCW 
endorsements that a mariner could have on their MMC.
     Reorganizes 46 CFR parts 10 and 12, and adds a new part 
11.
     Combines the definitions for Subpart B in part 10, with 
the exception of those in part 16.
     Makes non-substantive, linguistic changes throughout 
titles 33 and 46 of the CFR to reflect the new MMC, endorsements, and 
TWIC.

Fees

     Reduces the number of $45 issuance fees a mariner would 
have to pay.
     Includes a credit card as an acceptable method of payment.
     Removes the requirement that a full social security number 
be written on the face of all checks and money orders.

Application Process

     Requires an applicant to apply for a TWIC before they can 
apply for an MMC, but the applications may be processed simultaneously.
     Requires that an applicant must hold a TWIC before an MMC 
will be issued.
     Provides that an applicant's fingerprints, photograph, 
proof of citizenship and, if applicable, FBI number, criminal record, 
and/or proof of legal resident alien status will be received by the 
Coast Guard from TSA, not directly from the applicant.

Travel

     Removes the requirement for mariners to appear in person 
at a Coast Guard REC to be fingerprinted by, and show proof of 
identification to, an REC employee.
     Allows mariners to apply for an MMC entirely by mail 
unless an examination is required.
     Allows oaths to be taken by a notary and submitted by 
mail.
     Creates the ability for the Coast Guard to designate other 
facilities, in addition to RECs, to provide MMC services to applicants.

Citizenship

     Revises the regulations to clearly state that cadets at 
the United States Merchant Marine Academy are allowed to receive MMCs 
regardless of citizenship or alien status. This is a statutory 
requirement and is currently done under our regulations, but is not 
expressly stated.

Criminal Record Review

     Removes the criminal record review requirement for 
duplicates.
     Changes the Coast Guard criminal record review to remove 
crimes against national security.

Medical and Physical Requirements

     Resolves contradictory requirements for those who may 
currently perform exams for MMDs and licenses, and adds licensed nurse 
practitioners to the list of those who may perform, witness or review 
mariner tests, exams or demonstrations.
     Restates the requirement that pilots and those serving as 
pilots submit their annual physical to the Coast Guard, previously 
implemented through a Federal Register Notice.
     Restates the requirement that pilots and those serving as 
pilots submit their annual chemical test for dangerous drugs to the 
Coast Guard, previously implemented through a Federal Register notice.
     Clarifies the requirements for demonstrations of physical 
ability.
     Clarifies the STCW physical requirements for those 
mariners who would serve on vessels to which STCW applies.
     Requires hearing tests when the medical practitioner 
conducting the general medical exam has concerns that an applicant's 
ability to hear may impact maritime safety.
     Adds specifics about the hearing tests to provide 
information for medical professionals and applicants.
     Requires a demonstration of physical ability if the 
medical practitioner conducting the general medical exam is concerned 
that an applicant's physical ability may impact maritime safety, or if 
the mariner must pass a demonstration of physical ability but not a 
general medical exam.
     Specifies that if a state license issued to a medical 
doctor or professional nurse contains limitations, any staff officer 
endorsement issued will reflect the same limitation.

Expiration Dates

     Consolidates all expiration dates into one so that 
mariners do not have multiple qualification credentials or endorsements 
expiring on multiple days. (However, the TWIC and MMC expiration dates 
need not match.)

Memorabilia

     Requires mariners to return MMCs to the Coast Guard upon 
expiration, issuance of a duplicate and issuance of a renewal, but if 
the mariner submits a written request with their credential, the Coast 
Guard will return the cancelled MMC to the mariner.

Duplicates

     Requires proof that a mariner holds a valid TWIC before a 
duplicate MMC will be issued.
     Provides that during the five year phase in of the MMC, if 
a mariner requests a duplicate of their MMD, COR, STCW endorsement or 
license, the duplicate will be issued in the form of an MMC.

Renewal

     Removes the 1 year limitation on renewals.
     Introduces the Document of Continuity to replace the 
continuity endorsement placed on a license or MMD. The Document of 
Continuity would have no expiration date or fee unlike the current 
continuity endorsement.

Suspension, Revocation, and Appeal

     Includes failure to hold a TWIC as a basis for suspension 
and revocation of a mariner's MMC, MMD, license, COR and/or STCW 
endorsement.
     States that a mariner who has either been denied issuance 
of a TWIC or whose TWIC has been revoked by TSA will be deemed by the 
Coast Guard to be a security risk.
     Advises that the Coast Guard will not review TSA decisions 
to deny or revoke a TWIC.

V. Discussion of Comments and Changes

    As discussed above, the Coast Guard conducted four public meetings 
for this rulemaking. We also received over 200 documents in the written 
docket. The Towing Safety Advisory Committee (TSAC) and the Merchant 
Marine Personnel Advisory Committee (MERPAC) were also asked to provide 
recommendations to the Coast Guard on the NPRM (USCG-2006-24371). This 
section addresses those comments and recommendations received.

A. Comments From the Docket or Public Meetings

    The following comments were either submitted in writing to the 
docket for the MMC NPRM or orally at one of the four public meetings. 
All written comments received and transcripts from the public meetings 
are available for inspection in the public docket for this rulemaking.
1. Comments Regarding TWIC
    We received numerous comments to the docket regarding the TWIC. 
Because this rulemaking project has its own docket number (USCG-2006-
24371) and the TWIC rulemaking project has two dockets, one for the 
Coast Guard

[[Page 3609]]

portion (USCG-2006-24196) and one for the TSA portion (TSA-2006-24191), 
there were three dockets in which the public could comment. Most 
commenters submitted their comments to both rulemaking projects in one 
document, submitted to all three dockets. Comments regarding the TWIC 
rulemaking are inappropriate for discussion in this rulemaking. They 
are not addressed in this SNPRM, but are addressed in the TWIC final 
rule.
2. General Objection to the Rulemaking
    We received six comments generally objecting to the NPRM that did 
not provide enough specificity for individual response. We do not agree 
with these comments, and are proceeding with this SNPRM.
3. Course of the Rulemaking
    We received one comment recommending that the Coast Guard proceed 
with an Interim Rule rather than a Final Rule, two comments 
recommending that we go forward with a SNPRM and four comments 
requesting that the Coast Guard withdraw the rulemaking and propose an 
alternative.
    We agree with the two comments that sought an SNPRM, and as 
previously discussed, this SNPRM provides a 90 day comment period to 
allow for public comment on our revised proposed rule. An Interim Rule 
would be inappropriate at this time as Interim Rules would not allow us 
to take into account the comments received by the public before 
becoming effective and they typically become effective upon 
publication, or soon thereafter. This SNPRM proposes that these 
regulatory changes not go into effect until approximately August 2008. 
This delay will allow the Coast Guard to accept and apply additional 
public comments before the proposed regulations go into effect as well 
as provide all mariners ample time to obtain TWICs before making the 
TWIC mandatory for issuance of the MMC. As for withdrawing the 
rulemaking, the Coast Guard believes that this rulemaking is beneficial 
and is opposed to withdrawal.
4. Appeals
    We received seven comments either requesting a clarification of the 
appeal process for TWICs and MMCs, or requesting that an appeal process 
be created. We also received 12 comments asking that an Administrative 
Law Judge review the appeals on rejection of the TWIC, and/or 
expressing displeasure over the automatic loss of the MMC if a 
mariner's TWIC is revoked.
    An individual who is denied a TWIC should not be working as a 
credentialed merchant mariner. According to the language of 46 U.S.C. 
70105, a TWIC will be issued to an individual unless that individual 
poses a security risk. 46 U.S.C. 7703 and 7702, which provide for the 
suspension or revocation of mariner credentials, state that a mariner's 
credential may be suspended or revoked if the holder is a security risk 
who poses a threat to the safety or security of a vessel or to a public 
or commercial structure located within or adjacent to the marine 
environment. Allowing the Coast Guard to suspend or revoke a mariner's 
MMC or other credential for failure to hold a valid TWIC, is therefore, 
necessary and appropriate. The Coast Guard has determined, however, 
that automatically invalidating a mariner's credential upon 
notification from TSA that a mariner's TWIC has been revoked, or that 
their application has been denied, without a hearing, is improper. The 
language of 46 CFR 10.203(b) has been changed to remove the automatic 
invalidation.
    If an MMC is issued, unless the situation calls for temporary 
suspension under 46 U.S.C. 7702, or the circumstances call for 
suspension and revocation for a reason other than security, the Coast 
Guard would not begin suspension and revocation proceedings until we 
were notified that the applicant had fully exhausted his or her TSA 
appeal rights. If the Coast Guard is notified by TSA that final agency 
action has occurred and a mariner has either been denied a TWIC or 
their TWIC has been revoked, the Coast Guard would begin suspension and 
revocation action against the individual's MMC. The suspension and 
revocation procedures for the MMC would remain the same as those 
presently used. The Coast Guard will not review a TSA decision 
regarding the issuance or revocation of a TWIC. Decisions regarding the 
issuance and revocation of TWICs are solely the responsibility of TSA. 
The Coast Guard does not have the authority to review, in any way, TSA 
decisions with respect to the issuance or revocation of TWICs. Language 
to this effect has been added to the proposed regulations in this SNPRM 
at 46 CFR 10.235(g) and 10.237(c).
    The appeal processes for the MMC would remain the same as those 
presently used; the right of appeal for an applicant receiving an 
unfavorable decision during the application process remains in 46 CFR 
1.03. The right of appeal associated with suspension and revocation 
remains as stated in 46 CFR 5.701. The proposed regulations have 
retained the paper appeal process for the Coast Guard's refusal to 
issue an MMC. Similarly, if a mariner is issued a license or document, 
he or she would be a ``holder'' of that license or document, and would 
be given a hearing before an Administrative Law Judge (ALJ) before 
adverse action, such as suspension and revocation, would be taken 
against that credential.
    All appeals regarding the issuance or revocation of TWICs would be 
handled by TSA under the TWIC appeal process. That process involves a 
paper appeal for all denials, and the use of an ALJ for appeals of 
waiver decisions. For more information on the TWIC appeal process, 
please see the TWIC Final Rule published elsewhere in today's Federal 
Register.
5. Applicability
    We received six comments opposing the proposed regulatory 
requirement that all merchant mariners hold a TWIC. Exemptions were 
requested for cadets, entry level ratings, officers serving aboard 
vessels that do not need a vessel security plan, and captains of 
Subchapter T (46 CFR parts 175 to 185) or smaller vessels.
    The requirement for all credentialed mariners to hold a TWIC is 
contained in 46 U.S.C. 70105 and implemented in the TWIC final rule 
published elsewhere in today's Federal Register. By the terms of that 
statute, all mariners issued a credential under part E of subtitle II 
of Title 46 U.S.C. (currently the MMD, license and COR, and if this 
proposed rule becomes effective, the MMC), as well as all individuals 
seeking unescorted access to secure areas of 33 CFR Subchapter H 
vessels or facilities must obtain a TWIC. This is a statutory 
requirement imposed by Congress that the Coast Guard cannot alter 
through regulation. In addition to the statutory mandate, exempting 
classes of credentialed mariners from the TWIC requirement would be 
problematic because it would exempt those individuals from the identity 
and security review which would no longer be performed by the Coast 
Guard. No changes have been made in this SNPRM to exempt certain 
classes of mariners from the TWIC or MMC requirements.
    One comment requested clarification on how the proposed 46 CFR 
10.211 would affect requirements in section 312 of the Coast Guard and 
Maritime Transportation Act of 2006 that allow foreign riding gangs for 
60 days at a time.
    Section 10.211 discusses the criminal record review process for the 
MMC. If the foreign riding gangs are currently required to obtain a 
U.S. MMD, license, COR or STCW endorsement, they would be required to 
obtain an MMC. This

[[Page 3610]]

includes passing all requirements for the MMC, including the criminal 
record review, citizenship and TWIC requirements. This proposed 
regulation would not change the population of people who must obtain a 
mariner credential.
    One comment requested clarification on how 46 CFR 10.211 would 
affect foreign security teams who are not mariners, but provide 
security services on U.S.-flagged vessels and need unescorted access on 
the vessel.
    Generally, individuals who are not merchant mariners and are not 
currently required to hold a MMD, license, COR or STCW endorsement 
would not be required to get an MMC. The MMC merely changes the form in 
which the MMD, license, COR and STCW endorsements appear by 
consolidating them into one document. Anyone who currently has to hold 
one or more of those credentials would be required to hold an MMC. 
Individuals who are not required to get an MMC will not be required to 
undergo the criminal record review set out in section 10.211. More 
specifically, individuals who are engaged, employed, or serve on board 
a vessel of at least 100 gross tons, as measured under 46 U.S.C. 14502, 
or an alternate tonnage measured under section 14302 (except as set out 
in 46 U.S.C. 8701(a)) are currently required to obtain an MMD. In 
general this is interpreted by the Coast Guard to mean that any 
individual engaged or employed in the business of the ship, or a person 
whose efforts contribute to accomplishing the ships' business whether 
or not the person is involved with the operation of the vessel, must 
obtain an MMD, and therefore would be required to obtain an MMC. For 
additional information on the requirements for seamen on U.S. 
documented vessels and foreign vessels within U.S. jurisdiction, see 
Commandant Instruction M16000.8B, Marine Safety Manual Volume III, 
chapter 20, section E.
6. Application Process
    We received one comment regarding the complexity of the application 
process and requesting that it be streamlined. We received eight 
comments that this rulemaking will hurt the ability of industry to 
recruit and retain qualified mariners.
    The Coast Guard believes that the consolidation of the 46 U.S.C., 
subtitle II, part E credentials and the removal of the requirement that 
mariners travel to one of the 17 REC locations will serve as a benefit 
to mariners, and therefore, aid the industry's ability to recruit and 
retain employees. This rulemaking seeks to streamline the application 
process by removing the appearance requirement; through the 
consolidation and clarification of existing requirements; by reducing 
the number of issuance fees that must be paid to the Coast Guard; and 
through the sharing of information between TSA and the Coast Guard.
    This proposed rulemaking should remove duplication of effort by the 
government and applicants resulting in a cost savings. The requirement 
that all merchant mariners obtain a TWIC, and the cost and burden 
associated with that requirement, is contained in the TWIC final rule 
which is published elsewhere in today's Federal Register and will go 
into effect even before the comment period on this SNPRM will close. If 
you believe that the regulatory changes in this proposed rulemaking, 
not the TWIC rulemaking, will add a burden, or will limit your ability 
to recruit and retain qualified mariners, please submit a comment to 
the docket explaining your concerns in detail.
    Two comments requested a web-based application process and 
tracking.
    This is something that the Coast Guard is contemplating. Although 
such a process is not in place at this time, 46 CFR 10.209(d) as 
currently proposed would support such an option, as it states that the 
written portion of the application may be submitted by mail, fax, ``or 
other electronic means.''
    One comment sought a single application process for the TWIC and 
MMC and another comment sought a more streamlined process stating 
``there is nearly a 50 percent failure rate in applying for the MMD due 
to multiple forms and information''. Finally, there were four comments 
received that were concerned that the consolidation would result in an 
increase in paperwork.
    We acknowledge that the new requirement to apply for a TWIC will 
result in an increase in the overall number of applications that must 
be submitted by mariners because they will need to submit an 
application for the TWIC and a separate application for the MMC. We are 
making every feasible attempt to reduce the burden on applicants from 
the requirement added by the TWIC rule. Because TSA will share the 
fingerprint, photograph, proof of citizenship and, if applicable, FBI 
number, criminal record and/or proof of legal resident alien status 
with the Coast Guard, we propose to remove the requirement that all 
merchant mariners travel to one of 17 RECs. Instead, the proposed 
regulation would allow mariners to apply for the MMC by mail after 
applying for a TWIC and visiting one of the approximately 125 TWIC 
enrollment centers located throughout the country. The restructuring of 
the merchant mariner credentialing process is an ongoing and 
incremental process. This proposed consolidation of credentials and the 
associated TWIC rulemaking are only a small piece in the envisioned 
effort. The restructuring of the National Maritime Center (NMC), the 
publishing of additional Navigation and Vessel Inspection Circulars 
(NVICs), guidance documents, and future rulemaking projects are all 
intended to improve and streamline the merchant mariner credentialing 
process, reduce the review periods, and lower the application failure 
rate.
    It is not feasible at this time for TWIC enrollment centers to 
receive and analyze the safety and suitability information necessary to 
determine whether a mariner should be issued an MMC. The Coast Guard is 
cooperating with TSA to shift the responsibility for reviewing the 
identification and security threat portion of the application for MMCs 
from the Coast Guard to TSA. However, because more than identity and 
security related issues are involved with merchant mariner 
credentialing, the Coast Guard will remain in control of those portions 
of the evaluation that address whether an individual is a safe and 
suitable person who should be authorized to serve in the merchant 
marine. Maintenance of the merchant marine is an area in which the 
Coast Guard has a long-standing history of regulation, and is one which 
we are inherently more qualified to manage. On the other hand, the 
security of our nation's transportation industry is the statutory 
responsibility of TSA, and should not be taken over by the Coast Guard. 
The creation of an identification credential which could span all 
sectors of the transportation industry is outside the scope of Coast 
Guard responsibility and expertise. The TWIC is best left in the hands 
of TSA with Coast Guard assistance with respect to vessels, ports, and 
merchant mariners. Due to the vastly different purpose and need 
associated with the TWIC and the MMC, the Coast Guard and TSA have 
opted not to consolidate their application processes and reviews into 
one.
    One comment was received that sought walk-in service at the RECs, 
not only a mail submission process.
    Mariners will have the option of submitting their MMC application 
entirely by mail, and would not be required to visit one of the 17 RECs 
unless an examination is required for the endorsement they seek. Some 
endorsements require written examination as currently provided in 46 
CFR 10.901 (proposed Sec.  11.901, in this SNPRM). The RECs, however, 
will

[[Page 3611]]

remain open and accessible to mariners for purposes other than the 
examinations. Mariners will still be able to walk into an REC to submit 
their applications in person, ask questions, and seek in-person 
guidance.
    We received one comment that mariners will be required to hold both 
an MMD and a TWIC until the phase-in period is complete.
    While this is true, it is temporary and necessary in order to 
facilitate a smooth transition while reducing the burden on mariners as 
much as possible. The Coast Guard is honoring the five year validity 
period of a mariner's current MMD, license, COR or STCW endorsement to 
meet our statutory obligations under 46 U.S.C. 7107 and 7302, as well 
as prevent mariners from undergoing an unnecessary early renewal. The 
MMC will be phased in over a five-year period, because it will be 
issued as mariners' current credentials expire.
    During the five-year phase-in period of the MMC, when a mariner's 
MMD expires, he or she will apply for an MMC, not another MMD. The 
Coast Guard envisions that we will begin issuing MMCs exclusively once 
the TWIC becomes mandatory for all mariners. According to the TWIC 
implementation schedule, the TWIC will be phased in over an 18 month 
period, during which time individuals will be enrolled in the TWIC 
program at locations across the country. Although other vessel/facility 
workers are required to apply for a TWIC during their particular 
vessel/facility's scheduled enrollment period, merchant mariners are 
allowed to visit any of the TWIC enrollment centers at any time during 
the 18 month initial enrollment period. It is important to note, 
however, that vessels or facilities may begin to use the TWIC for 
access control once enrollment has been completed in their geographic 
location. Because mariners are inherently mobile, they may need to 
visit one of the vessels or facilities that have begun requiring the 
TWIC for access control before the end of the 18 month period. An 
interim measure has been created in the TWIC rule that will give 
mariners access to secure areas of 33 CFR Subchapter H regulated 
vessels and facilities with their MMD, or their license or COR and a 
valid photo ID until full TWIC enrollment has been completed.
    The Coast Guard does not envision that this rule will become 
effective until TWICs are mandatory for all credentialed mariners. 
Because the Coast Guard will continue to issue MMDs, licenses, CORs and 
STCW endorsements under our current regulations until this rule becomes 
effective, for up to five years after the TWIC becomes mandatory 
individuals holding MMDs will also hold a TWIC until their MMD expires. 
The TWIC is an identity credential that Congress made mandatory for all 
merchant mariners as well as those seeking unescorted access to secure 
areas of 33 CFR Subchapter H regulated vessels and facilities. It does 
not contain the rating endorsements that appear on the MMD. Conversely, 
the MMD does not contain the electronic biometric information found on 
the TWIC, and does not satisfy the goal of having one unique credential 
for unescorted access. Until an MMC is issued containing the mariner's 
rating information, mariners will have to hold both a TWIC and an MMD.
    In this SNPRM the Coast Guard is proposing to begin issuing MMCs in 
approximately August 2008. This 20 month delay coincides with the 
completion of the TWIC initial enrollment period. It is possible that 
the Coast Guard could begin issuing mariner credentials in the form of 
MMCs within the TWIC enrollment period if the credentialing material 
and production machinery is available before that time. In addition, it 
is possible that the Coast Guard and TSA could begin sharing 
application information before August 2008 if the technology 
infrastructure has been established and fully tested before that date.
7. Authority
    We received 20 comments alleging that the Coast Guard lacks the 
legal authority to consolidate the MMD, COR and license into the MMC. 
More specifically, 13 of these 20 comments focused on the authority to 
change licenses to officer endorsements. We received one additional 
comment that claimed the Coast Guard is ``attempting a regulatory short 
cut'' through this regulation rather than through a legislative change 
proposal.
    The proposed change will not affect the legal standing of merchant 
marine officers. Section 10.201 in the proposed rulemaking describes 
the characteristics and purpose of the MMC, explaining that it combines 
the elements of the MMD, COR, license and any other required 
endorsements (such as STCW) into a single document. This is a valid 
exercise of the Coast Guard's broad authority under 46 U.S.C. Part E. 
With respect to licenses, 46 U.S.C. 7101 provides the Coast Guard 
authority to issue licenses to various classes of qualified applicants. 
The Code is not specific regarding the required form of the mariner's 
credentials, including the license, allowing the Coast Guard to 
exercise discretion through the rulemaking process.
    ``Merchant Mariner Credential'' is merely the term used to describe 
the document issued by the Coast Guard that incorporates the mariner's 
license with the MMD and other endorsements into one; with endorsements 
listed on it depending on the mariner's qualifications. The term 
``Officer Endorsement'' is merely the term used to describe the 
qualifications of the mariner which are defined as licenses in the 
current regulations. The mariner's actual capacity to serve in the 
merchant marine as specified by the endorsements on his or her MMC is 
unchanged by this proposed rulemaking.
8. Burden
    We received 17 comments that generally objected to the additional 
cost associated with this rulemaking, three comments that objected to 
the regulatory burden on mariners and one comment that complained of 
duplicative fees and costs to mariners. We received six comments that 
these proposed rules will seriously burden the operation of U.S.-
flagged vessels and mariners without providing a genuine increase in 
security. We received three comments that the TWIC and MMC program 
costs would affect U.S. commerce negatively.
    The Coast Guard disagrees with these comments. This proposed rule 
should neither create an additional cost or burden on mariners or U.S.-
flagged vessels, nor should it negatively affect U.S. commerce. This 
rulemaking is intended to reduce the burdens on mariners and streamline 
the credentialing process. It should have little or no effect on the 
operation of U.S.-flagged vessels or U.S. commerce as these vessels are 
already required to hire only properly qualified and credentialed 
merchant mariners. If a mariner must currently hold a MMD, license, COR 
or STCW endorsement, he or she will be required to get an MMC in lieu 
of the MMD, license, COR or STCW endorsement. It does not add to, or 
subtract from, the population of mariners who would need to apply for 
credentials. It should not have a negative impact on employers, and if 
anything, it should be seen as a benefit because mariners would no 
longer need to take time away from work to travel to an REC to apply 
for their credential. In addition, the determination of security risk 
associated with the TWIC is no more stringent than that analysis 
currently employed for any of those four current credentials. Mariners 
should actually see at least two tangible benefits from this rule: (1) 
A reduction

[[Page 3612]]

in issuance fees for those holding multiple mariner credentials; and 
(2) the reduction of the cost and burden associated with the 
requirement to travel to an REC.
    It is important to note that although this rule relies upon the 
TWIC rule to function properly, it is separate and distinct from the 
TWIC rule and that rule's statutory mandate requiring the issuance of a 
biometric transportation security card. Costs associated with the TWIC 
are discussed in that rulemaking and should not be attributed to this 
rulemaking.
    Under the current regulations, applicants pay a $45 issuance fee 
for each credential that they apply for. Under the proposed rulemaking 
applicants would only apply for a single MMC and as a result would only 
be required to pay one $45 issuance fee regardless of the number of 
endorsements that they carry. Any mariner who would, under the current 
rules, require multiple mariner qualification documents, would benefit 
from this change in the fee structure. In addition, approximately 
14,000 mariners have more than one credential without aligned 
expiration dates. The differences in these expiration dates would 
require multiple trips to an REC. The issuance of the MMC would be of 
particular benefit to those mariners as it would require them to track 
and update only one document. In addition, there would be no user fee 
charged, at all, for the issuance of a Document of Continuity, which is 
the proposed replacement for the license or MMD with a continuity 
endorsement. The Document of Continuity is discussed below in the 
comments received about continuity.
    This rulemaking also proposes to remove the requirement that all 
mariners travel to an REC to be fingerprinted by, and show proof of 
identification to, an REC employee. Instead, since the proposed TWIC 
rule would require these same individuals to visit one of the many TWIC 
enrollment centers to supply this information, the Coast Guard and TSA 
have agreed to electronically share the information necessary to 
complete the Coast Guard's safety and suitability analysis. The TWIC 
rule anticipates that there will be more than 125 initial TWIC 
enrollment centers established nation-wide for enrollment. Although the 
final number of TWIC enrollment centers that will remain open after 
initial enrollment is not known at this time, it is almost certain that 
there will be significantly more than the 17 Coast Guard RECs. By 
allowing mariners to visit TWIC enrollment centers instead of RECs, 
this proposed rule would provide a potential benefit to mariners by 
reducing their time and travel costs currently required to receive a 
credential.
    The Coast Guard asserts that the overall cost for mariners 
associated with this rulemaking would actually decrease or remain the 
same and would serve to provide more flexibility to mariners since 
there would be more TWIC enrollment centers than RECs.
    We received one comment alleging that the rule is an unfunded 
mandate that does not provide for appropriate partnership between 
government and industry.
    The Coast Guard disagrees, and does not believe that this proposed 
rulemaking will result in an unfunded mandate. The Unfunded Mandates 
Reform Act of 1995 (2 U.S.C. 1531-1538) addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. As discussed above, this rulemaking is actually expected to 
reduce costs associated with the credentialing of merchant mariners. In 
addition, it should not affect any cost expenditure upon a State, local 
or tribal government or private sector entity, and if it does create an 
increase in cost to any of those entities it should be well below 
$100,000,000 in any one year.
    We received one comment that sought a particular economic review of 
the financial impact of the rule on tall ship operators, and one that 
sought an economic review of the financial impact of the rule on 
training vessels.
    The economic impact of this proposed rulemaking is addressed in 
detail in the Regulatory Evaluation section below. Further economic 
review will take place between this SNPRM and any further rulemaking. 
If you believe that the consolidation of merchant mariner credentials 
(not the requirement that merchant mariners must obtain a TWIC) will 
negatively affect your business, please submit a detailed comment to 
this SNPRM. If such information is confidential commercial information, 
please mark the comment accordingly and submit it to Mr. Luke Harden at 
the address listed above in FOR FURTHER INFORMATION CONTACT.
9. Citizenship
    One comment noted that the citizenship exemption for Operator of 
Uninspected Passenger Vessels (OUPV) was removed from the regulatory 
text although the preamble table stated that it was retained.
    This error has been corrected. In accordance with 46 U.S.C. 7102, 
licenses and CORs for individuals on documented vessels may be issued 
only to citizens of the United States. The Coast Guard has historically 
interpreted the statute to allow an exemption for alien OUPVs who do 
not work on documented vessels. Removal of this exemption from the 
regulatory text was unintentional. Corrections have been made to 46 CFR 
10.221, table 10.239 and 11.467 accordingly. These individuals will 
still be required to meet the citizenship requirements for the TWIC set 
out in that rule in the new 49 CFR 1572.17. Although the Coast Guard 
does not believe that requiring a TWIC for OUPVs on undocumented 
vessels will cause many individuals to lose their mariner credentials, 
we are unable to create an exception from the TWIC requirement. It is 
clear in 46 U.S.C. 70105 that all credentialed merchant mariners must 
hold a TWIC. If an individual holds a license or an MMC with an officer 
endorsement as OUPV, they must have a TWIC. Since this proposed 
regulation is not expected to become effective until approximately 
August 2008, foreign mariners should have time to meet the requirements 
to obtain a TWIC, if possible.
    On October 17, 2006, Congress passed the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109-364). In 
that Act, Congress amended 46 U.S.C. 8103 to permit an alien allowed to 
be employed in the U.S. under the Immigration and Nationality Act who 
meets additional requirements for service as a steward aboard large 
passenger vessels to obtain an MMD. Although language has not been 
proposed in this rulemaking to address this new statutory authority, 
the Coast Guard is aware of it and is initiating a separate rulemaking 
to address these new requirements.
    We received four comments inquiring about the citizenship 
requirements for the crews of Offshore Supply Vessels (OSVs) and Mobile 
Offshore Drilling Units (MODUs) in foreign waters.
    This question appears to seek clarification as to the language of 
46 CFR 15.720(a) and (b), which provide for the waiver of the 
citizenship requirements in 46 U.S.C. 8103(a) and (b). The substance of 
15.720(a) and (b) has not been removed in this proposed regulation. In 
the SNPRM, citizenship requirements continue to be waived for OSVs 
operating in a foreign port and MODUs operating beyond the water above 
the U.S. Outer Continental Shelf as they are in the Coast Guard's 
current regulations.
    One comment expressed displeasure that lawful non-immigrants with 
work authorizations would be precluded from obtaining a credential even 
though they

[[Page 3613]]

may be lawfully employed on certain U.S.-flagged vessels and may 
require an endorsement in the performance of their duties. Four 
comments objected to limiting the issuance of MMCs to aliens admitted 
for permanent residence.
    No changes to the regulations have been made as a result of these 
comments. The citizenship and alien status requirements are set by 
statute and cannot be changed by the Coast Guard through regulation. 
Statutory requirements in 46 U.S.C. 7102 mandate that licenses may only 
be issued to U.S. citizens. The Coast Guard has carved out of that 
language an exception for OUPVs serving on undocumented vessels, but 
the statutory language provides no additional room for exception. With 
respect to MMDs, 46 U.S.C. 8103 restricts the issuance of MMCs to 
aliens who present acceptable documentary evidence that they are 
lawfully admitted to the U.S. for permanent residence and cadets 
enrolled at the U.S. Merchant Marine Academy. The proposed 10.221 would 
not change the current requirements except that it now clearly states 
that credentials may be issued to cadets enrolled at the U.S. Merchant 
Marine Academy. This would not be a change from our statutory 
requirement or current practice.
    Four comments requested a clarification of the immigration status 
requirements for the TWIC and their relationship to the MMC.
    A full discussion of the immigration status requirements for the 
TWIC is beyond the scope of this rulemaking. That said, all merchant 
mariners holding a MMD, license, COR or STCW endorsement are required 
to obtain a TWIC. Therefore all credentialed merchant mariners must be 
U.S. citizens or would be required to meet the immigration requirements 
for the TWIC which are contained in the proposed TWIC rulemaking at 49 
CFR 1572.105. Mariners who are not U.S. citizens and cannot meet those 
citizenship requirements, will not be issued a TWIC, and will be unable 
to obtain an MMC. With the exception of some alien holders of OUPV 
licenses, however, all mariners who are currently able to meet the 
citizenship or immigration requirements for the MMD or license will be 
able to meet the citizenship or immigration requirements for the TWIC.
10. Concurrent Processing of Applications
    We received 32 comments about the current processing time for Coast 
Guard merchant mariner credentials. We received two comments that this 
rulemaking would increase the backlog of applications, and eight 
comments that the TWIC and MMC will slow the documentation process. 
Four comments were unclear as to whether the TWIC was required before 
the MMC. One comment suggested that the Coast Guard issue the MMC 
without the requirement for having a TWIC. Finally, we received 60 
comments requesting concurrent processing of applications.
    The Coast Guard acknowledges that mariners are dissatisfied with 
the current processing time for merchant mariner applications. This 
proposed rulemaking is one of the many ongoing projects that the Coast 
Guard is undertaking in an effort to streamline the process and reduce 
backlog. This proposed consolidation of credentials and the associated 
TWIC rulemaking are only a piece of this effort. The restructuring of 
the NMC, the creation of additional NVICs, guidance documents, as well 
as current and future rulemaking projects are all intended to reduce 
the evaluation period.
    In addition to the Coast Guard's voluntary effort at restructuring 
the mariner credentialing process and attempting to reduce processing 
time, the recently passed SAFE Port Act mandates concurrent processing 
of a mariner's TWIC and MMD by TSA and the Coast Guard. The Coast Guard 
agrees that processing the MMC only after the TWIC has been issued 
could potentially increase this backlog and be overly burdensome to the 
mariner. As a result, changes have been made to 46 CFR 10.225(b)(2) to 
allow new applicants to apply for their MMC if they either hold a valid 
TWIC or can prove that they have applied for one in the past 30 days. 
The MMC application could be processed simultaneously with the 
individual's TWIC application. However, because of the Coast Guard's 
need to obtain biometric and biographic information submitted by the 
applicant at a TWIC enrollment center, the TWIC application must be 
submitted before the MMC application. In addition, because of the need 
to ensure that the applicant's identity has been verified and that he 
or she has been determined not to pose a security risk, the Coast Guard 
proposes to retain the requirement that the TWIC be issued to the 
applicant before an MMC would be issued. Because applicants for 
renewals, duplicates, or modifications should already hold a valid 
TWIC, concurrent processing should not be an issue for those 
applicants.
11. Continuity Licenses
    One commenter was concerned about the loss of the continuity 
license. Another comment stated that the proposed certificate of 
continuity would be insufficient to meet the ``significant amount of 
pride in the maritime industry evidenced by holding a license'', and 
recommended that we issue the MMC with continuity endorsement but 
exempt it from the TWIC requirement.
    Although the actual continuity license has been removed from the 
regulations in this proposed rulemaking, the concept of the continuity 
license was retained. The concept existed in the NPRM at 46 CFR 
10.227(i), and continues to exist in this SNPRM at 46 CFR 10.227(e), 
but has been revised substantially from the language proposed in the 
NPRM.
    As proposed in this SNPRM, the Document of Continuity would take 
the place of the inactive ``continuity'' license or MMD renewal. The 
Coast Guard recognizes that one of the main purposes for the continuity 
document is to allow those mariners temporarily working ashore to apply 
as a renewal rather than as an original should they decide to return to 
active status after a period of inactivity. The language of the MTSA at 
46 U.S.C. 70105, however, requires all holders of merchant mariner 
credentials issued under title 46 U.S.C. subtitle II, part E (the MMD, 
license, COR, and MMC) to hold a TWIC. The continuity license is a 
license, and is issued under 46 U.S.C. subtitle II, part E, therefore 
all mariners holding a continuity license must get a TWIC. The Coast 
Guar