Consolidation of Merchant Mariner Qualification Credentials, 11196-11267 [E9-5436]
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Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations
viewing the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
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
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
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 https://
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
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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
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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
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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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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
Cite
Change
Reason
Throughout document ..........
Changed the date by which a mariner must hold a
TWIC from September 25, 2008 to April 15, 2009.
46 CFR 10.209, 10.211,
10.214, 10.221, 10.223,
10.225, 10.227, 10.229,
10.231, 10.235, 12.02–7.
Added language to reflect that applications for MMC’s
prior to April 15, 2009 will still need to be made in
person at an REC to provide fingerprints and proof of
identity, and that for these applications, the 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)).
Changed the term from properly, to appropriately .........
Added language to the definition of safe and suitable
person to refer the reader to 46 CFR 10.211 and
10.213; and added definitions for large passenger
ship, non-resident alien and steward’s department.
Added the first class pilot endorsement, and in (b)
added subcategories of able seaman for consistency
as well as clarity with the requirements in Parts 12
and 15.
Added language to specifically state responses that applicants need only provide written disclosure of convictions not previously disclosed on an application.
Revised the table to place the reg cites for the requirement.
Revised to allow the medical examiner, if qualified, to
conduct the appropriate examinations.
Added exception for large passenger vessel .................
Removed the requirement that a mariner have proof of
applying for a TWIC within the past 30 days.
Added language to specify that the Coast Guard will
provide the applicant the reason(s) for denial of an
application directly to the applicant.
Removed the requirement for gathering the TWIC information.
To reflect change in mariner compliance date published
by DHS in a Final Rule on May 7, 2008 (73 FR
25562).
To allow the Coast Guard to begin issuing the MMC
prior to the date that mariners are required to hold a
TWIC, and prior to the date when TSA will begin
sharing applicant information with the Coast Guard.
33 CFR 164.13 ....................
46 CFR 10.107 ....................
46 CFR 10.109 ....................
46 CFR 10.211 ....................
46 CFR 10.215 Table (a) .....
46 CFR 10.215(c) ................
46 CFR 10.221(a)(2) ............
46 CFR 10.225 ....................
46 CFR 10.237 ....................
46 CFR 11.304(h)(7) ............
46 CFR 11.518 ....................
46 CFR 11.520 ....................
46 CFR 11.1005 ..................
46 CFR 12.02–11(d) ............
46 CFR 12.02–17 ................
46 CFR 12.05–3(c) ..............
Added the abbreviation for Qualified Member of the Engine Department (QMED).
Replaced qualified member of the engine department
with QMED.
Removed the date ...........................................................
Revised to state that ratings endorsements will be
issued if the holder or applicant is qualified for the
endorsement.
Revised section to remove reference to Officer in
Charge Marine Inspection. In paragraph (g) revised
section for clarity.
Revised paragraph to remove the date and to provide
clarity that the endorsement for Rating Forming Part
of a Navigational Watch (RFPNW) will be issued
upon meeting the requirements of STCW.
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,
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In response to comments.
In response to comments and changes to regulations.
In response to comments.
In response to comments.
In response to comments.
In response to comments.
In response to comments and Congress.
In response to comments. Additionally, it provides more
flexibility.
In response to comments.
In response to comments and realization that we had
sufficient information to determine the identity of the
officer conducting the assessment.
In response to comments.
In response to comments.
In response to comments and date is no longer necessary.
In response to comments.
In response to comments and to provide clarity after
the revisions.
In response to comments and to provide clarity.
2008, the Department of Homeland Security
published a Final Rule delaying the date by which
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mariners must hold a TWIC until April 15, 2009.
See 73 FR 25562.
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Cite
Change
Reason
46 CFR 12.05–7 ..................
Removed the term Commanding Officer ........................
46 CFR 12.10–1 ..................
Removed the term ‘‘United States collector or deputy
collector of customs’’ and replaced it with the appropriate term with the DHS reorganization.
Removed the term Commanding Officer ........................
In response to comments and for consistency with
changes previously proposed.
In response to comments and updating the regulations
with current terminology.
46 CFR 12.10–3 ..................
46 CFR 12.15–1 ..................
46 CFR 12.15–3(d) ..............
46 CFR 12.15–7(c) ..............
46 CFR 12.40 ......................
46 CFR 15.401 ....................
46 CFR 15.530 ....................
46 CFR 15.701 ....................
46 CFR 15.812(b)(1) ............
46 CFR 15.815 ....................
46 CFR 15.915 ....................
46 CFR 42.05–70 ................
46 CFR 78.65–1 ..................
46 CFR 97.53–1 ..................
46 CFR 401.210 ..................
46 CFR 402.220 ..................
Removed the term ‘‘United States collector or deputy
collector of customs’’ and replaced it with the appropriate term with the DHS reorganization.
Removed the February 1, 2002 date ..............................
Revised the newly inserted word from engineer department to engine department.
Revised subpart for the requirements for non-resident
aliens working on large passenger vessels.
Spelled out the first use of TWIC ...................................
Revised subpart for the requirements for non-resident
aliens working on large passenger vessels.
Removed the word Customs and replaced it with Customs and Border Protection.
Clarified the requirement to state that it is either a first
class pilot’s license or an MMC with a first class pilot’s endorsement.
Revised radar endorsement language to make it consistent with language proposed in the NPRM for
radar endorsements.
Revised header from ‘‘Engineer Licenses’’ to ‘‘Engineer
Officer Endorsements’’.
Renumbered section to 42.05–27 ...................................
Revised section to provide the option to post either license or merchant mariner credentials on a vessel.
Revised section to provide the option to post either license or merchant mariner credentials on a vessel.
Revised references to licensed service and added language to include the MMC requirement.
Revised section to provide for mariners holding either a
license or MMC.
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).
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In response to comments and because that date is no
longer necessary.
Consistency with existing language and in response to
comment.
In response to comments and new interim rule.
In response to comments.
In response to comments and new interim rule.
In response to comments and updating the regulations
with current terminology.
In response to comments and for clarification.
Consistency with other ongoing rulemaking project that
is specifically on that requirement.
In response to comment and to make consistent with
the remainder of the proposed rule.
In response to comment and because the definition
was out of order.
In response to comment and to provide for the phase-in
period when both documents will be in use.
In response to comment and to provide for the phase-in
period when both documents will be in use.
In response to comments and to correct oversights not
addressed in the SNPRM.
In response to comments and to provide for the phasein period when both documents will be in use.
B. General
V. Discussion of Comments and
Changes
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In response to comments and for consistency with
changes previously proposed.
In response to comments and updating the regulations
with current terminology.
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 § 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 § 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
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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
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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
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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
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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
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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
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15:59 Mar 13, 2009
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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 § 11.1005: ‘‘To serve on a nonRo-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 § 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
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§ 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
§§ 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 § 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 § 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
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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: https://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
§ 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 Webbased applications.
We received one comment
recommending that §§ 10.223(c)(2) and
10.227(d)(2) read ‘‘* * * have a valid
TWIC or show proof of applying for a
TWIC * * *’’.
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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 § 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 § 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 § 10.235(f).
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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 § 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
§ 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
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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 § 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).
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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 § 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 § 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 § 11.518 to
provide the abbreviation, and then used
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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 §§ 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
§§ 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 § 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 §§ 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 § 13.507 accordingly in
this final rule.
We received one comment seeking
clarification on § 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.
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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.
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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.
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.
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.
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
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.
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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
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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
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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 nonmedical 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
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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
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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.
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11205
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
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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,
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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 § 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 § 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.
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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 nonsubstantive 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
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(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
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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
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11207
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
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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 fiveyear 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
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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
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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
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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,
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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
PO 00000
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11209
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.
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Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations
46 CFR Part 30
Cargo vessels, Foreign relations,
Hazardous materials transportation,
Penalties, Reporting and recordkeeping
requirements, Seamen.
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.
Oceanographic research vessels,
Reporting and recordkeeping
requirements, Seamen.
Reporting and recordkeeping
requirements, Seamen, Vessels.
46 CFR Part 16
Drug testing, Marine safety, Reporting
and recordkeeping requirements, Safety,
Transportation.
46 CFR Part 28
Alaska, Fire prevention, Fishing
vessels, Marine safety, Occupational
safety and health, Reporting and
recordkeeping requirements, Seamen.
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Jkt 217001
46 CFR Part 151
Cargo vessels, Hazardous materials
transportation, Marine safety, Reporting
and recordkeeping requirements, Water
pollution control.
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 114
Marine safety, Passenger vessels,
Reporting and recordkeeping
requirements.
46 CFR Part 15
Marine safety, Penalties, Reporting
and recordkeeping requirements.
46 CFR Part 31
Cargo vessels, Marine safety,
Reporting and recordkeeping
requirements.
46 CFR Part 105
Cargo vessels, Fishing vessels,
Hazardous materials transportation,
Marine safety, Petroleum, Seamen.
46 CFR Part 14
46 CFR Part 26
46 CFR Part 131
Cargo vessels, Fire prevention, Marine
safety, Navigation (water), Occupational
safety and health, 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.
PO 00000
Frm 00016
Fmt 4701
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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.
■ 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
1. The authority citation for part 1
continues to read as follows:
■
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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.
§ 1.08–5
[Amended]
2. In § 1.08–5(b)(1), after the word
‘‘licensed’’, add the words ‘‘or
credentialed’’.
■
§ 1.25–1
[Amended]
3. In § 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
Authority: 33 U.S.C. 1321; 42 U.S.C. 9609;
46 U.S.C. 7701, 7702; 49 CFR 1.46.
5. In § 20.102—
a. In the definition for ‘‘Complaint’’,
after the word ‘‘merchant’’, add the
words ‘‘mariner credential,’’;
■ b. In the definition for ‘‘Suspension
and revocation proceeding or S&R
proceeding’’, after the words ‘‘merchant
mariner’s’’, add the word ‘‘credential,’’;
and
■ c. Add definitions for the terms
‘‘credential’’ and ‘‘Merchant mariner
credential or MMC’’, in alphabetical
order, to read as follows:
■
■
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.
*
*
*
*
*
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Jkt 217001
[Amended]
§ 20.1202
[Amended]
8. In § 20.1202(a), before the words
‘‘license, certificate of registry, or
document’’, add the word ‘‘credential,’’.
■
§ 20.1205
[Amended]
9. In § 20.1205—
a. In the section heading, before the
words ‘‘license, certificate of registry, or
document’’, add the words ‘‘merchant
mariner credential,’’;
■ b. In paragraph (a), after the words
‘‘move that his or her’’, add the words
‘‘merchant mariner credential,’’; and
■ c. In paragraph (b), after the words
‘‘return of the suspended’’, add the
word ‘‘credential,’’.
■
■
§ 20.1307
10. In § 20.1307 paragraph (c)(2), after
words ‘‘merchant mariner’s license’’,
add the words ‘‘, merchant mariner
credential,’’.
PART 70—INTERFERENCE WITH OR
DAMAGE TO AIDS TO NAVIGATION
11. The authority citation for part 70
continues to read as follows:
■
Authority: Secs. 14, 16, 30 Stat. 1152,
1153; secs. 84, 86, 92, 633, 642, 63 Stat. 500,
Frm 00017
Fmt 4701
§ 70.05–10 Revocation of merchant
mariner credential officer endorsement or
license.
12. In § 70.05–10—
a. Revise the section heading as set
forth above; and
■ 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
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.
[Amended]
14. In § 95.015(b), remove the words
‘‘a licensed individual’’ and add, in
their place, the words ‘‘an officer’’.
■
§ 95.045
[Amended]
15. In § 95.045 introductory text,
remove the words ‘‘a licensed
individual’’ and add, in their place, the
words ‘‘an officer’’.
■
PART 101—MARITIME SECURITY:
GENERAL
16. The authority citation for part 101
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 192; Executive
Order 12656, 3 CFR 1988 Comp., p. 585; 33
CFR 1.05–1, 6.04–11, 6.14, 6.16, and 6.19;
Department of Homeland Security Delegation
No. 0170.1.
17. In § 101.105—
a. In the definitions for ‘‘Master’’ and
‘‘Operator, Uninspected Towing
Vessel’’, before the word ‘‘license’’,
wherever it appears, add the words
‘‘merchant mariner credential or’’; and
■ b. Add a definition for the term
‘‘Merchant mariner credential or MMC’’
to read as follows:
■
■
§ 101.105
Definitions.
*
[Amended]
■
PO 00000
501, 503, 545, 547 (33 U.S.C. 408, 411, 412;
14 U.S.C. 84, 86, 92, 633, 642).
§ 95.015
7. In § 20.1201—
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’’;
■ b. In paragraph (b) introductory text,
before the words ‘‘license, certificate, or
document’’, add the words ‘‘merchant
mariner credential,’’; and
■ c. In paragraph (b)(2)(ii), after the
words ‘‘renewal of the’’, add the words
‘‘merchant mariner credential,’’.
■
■
4. The authority citation for part 20
continues to read as follows:
*
[Amended]
6. In § 20.904—
a. In paragraph (e)(1) introductory
text, after the words ‘‘certificate of
registry’’ remove the word ‘‘or’’; and,
after the word ‘‘document’’, add the
words ‘‘, credential, or endorsement’’;
■ b. In paragraph (e)(1)(i)(B), after the
word ‘‘certificate’’ remove the word
‘‘or’’; and, after the word ‘‘document’’,
add the words ‘‘, credential, or
endorsement’’;
■ c. In paragraph (f) introductory text,
after the words ‘‘revocation of a’’, add
the words ‘‘credential, endorsement,’’;
and
■ d. In paragraph (f)(1), after the words
‘‘issuance of a new’’ remove the words
‘‘license, certificate, or document’’ and
add, in their place, the words ‘‘merchant
mariner credential with appropriate
endorsement’’.
■
■
§ 20.1201
■
§ 20.102
§ 20.904
Sfmt 4700
11211
*
*
*
*
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.
*
*
*
*
*
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Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations
PART 110—ANCHORAGE
REGULATIONS
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.
§ 110.186
§ 141.30
alien.
[Amended]
19. In § 110.186(b)(3), after the word
‘‘licensed’’, add the words ‘‘or
credentialed’’.
■
§ 110.188
*
*
*
*
(d) A valid Transportation Worker
Identification Credential.
[Amended]
20. In § 110.188(b)(10), after the word
‘‘licensed’’, add the words ‘‘or
credentialed’’.
[Amended]
21. In § 110.214(a)(3)(i), after the word
‘‘licensed’’ add the words ‘‘or
credentialed’’.
■
PART 141—PERSONNEL
Authority: 43 U.S.C. 1356; 46 U.S.C.
70105; 49 CFR 1.46(z).
[Amended]
23. In § 141.5(b)(1) remove the words
‘‘licensed officers, and unlicensed
crew’’ and add, in their place, the words
‘‘crew, and officers holding a valid
license or MMC with officer
endorsement’’.
■ 24. In § 141.10, add a definition for
the term ‘‘Transportation Worker
Identification Credential or TWIC’’, in
alphabetical order, to read as follows:
■
Definitions.
*
*
*
*
*
Transportation Worker Identification
Credential or TWIC means an
identification credential issued by the
Transportation Security Administration
according to 49 CFR part 1572.
§ 141.25
[Amended]
25. In § 141.25—
a. In paragraph (a) introductory text,
remove the word ‘‘The’’ and add, in its
place, the words ‘‘For the purposes of
this part, the’’; and
■ b. In paragraph (a)(1), before the
words ‘‘merchant mariner’s document’’,
add the word ‘‘valid’’, and remove the
words ‘‘under 46 CFR Part 12’’.
■ 26. In § 141.30—
■ a. In the introductory text, remove the
first appearance of the word ‘‘The’’ and
add, in its place, the words ‘‘For the
purposes of this part, the’’;
■ b. In paragraph (a), before the words
‘‘merchant mariner’s document’’, add
■
■
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15:59 Mar 13, 2009
[Amended]
27. In § 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
28. The authority citation for part 155
continues to read as follows:
22. Revise the authority citation for
part 141 to read as follows:
§ 141.10
§ 141.35
■
■
§ 141.5
Evidence of status as a resident
*
■
§ 110.214
the word ‘‘valid’’, and remove the words
‘‘under 46 CFR Part 12’’; and
■ c. In paragraph (b), remove the words
‘‘Immigration and Naturalization
Service’’ and add, in their place, the
words ‘‘Immigration and Customs
Enforcement Agency’’; and
■ d. Add a new paragraph (d) to read as
follows:
Jkt 217001
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.
29. Revise § 155.110 to read as
follows:
■
§ 155.110
§ 155.710
charge.
Qualifications of person in
*
*
*
*
*
(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;
*
*
*
*
*
§ 155.815
[Amended]
31. In § 155.815(b), after the word
‘‘licensed’’ add the words ‘‘or
credentialed’’.
■
PART 156—OIL AND HAZARDOUS
MATERIAL TRANSFER OPERATIONS
32. The authority citation for part 156
continues to read as follows:
■
Authority: 33 U.S.C. 1231, 1321(j); 46
U.S.C. 3703a, 3715; E.O. 11735, 3 CFR 1971–
1975 Comp., p. 793. Section 156.120(bb) and
(ee) are also issued under 46 U.S.C. 3703.
§ 156.210
[Amended]
33. In § 156.210(d), remove the words
‘‘a licensed individual’’ and add, in
their place, the words ‘‘an officer’’.
■
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.
■ 30. In § 155.710—
■ a. In paragraph (a)(2), after the word
‘‘license’’, add the words ‘‘or officer
endorsement’’;
■ b. Revise paragraph (e)(1) to read as
set out below;
■ 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
PO 00000
d. In paragraph (g), after the words
‘‘need not hold any of the’’, add the
words ‘‘merchant mariner credentials,’’.
■
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PART 160—PORTS AND WATERWAYS
SAFETY—GENERAL
34. The authority citation for part 160
continues to read as follows:
■
Authority: 33 U.S.C. 1223, 1231; 46 U.S.C.
Chapter 701; Department of Homeland
Security Delegation No. 0170.1. Subpart C is
also issued under the authority of 33 U.S.C.
1225 and 46 U.S.C. 3715.
§ 160.113
[Amended]
35. In § 160.113(b)(4), remove the
word ‘‘licensed’’.
■
PART 162—INLAND WATERWAYS
NAVIGATION REGULATIONS
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.
37. Add a new § 162.5 to read as
follows:
■
§ 162.5
Definitions.
The following definition applies to
this part:
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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.
■ 38. In § 162.130(c), revise the
definition for ‘‘Master’’ to read as
follows;
§ 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
39. The authority citation for part 163
continues to read as follows:
■
Authority: 33 U.S.C. 152, 2071; 49 CFR
l.46(n).
§ 163.01
[Amended]
40. In § 163.01(b), after the word
‘‘license’’, add the words ‘‘or merchant
mariner credential’’.
■ 41. Add a new § 163.03 to read as
follows:
■
§ 163.03
Definitions.
The following definition applies to
this part:
Merchant mariner credential or MMC
means the credential issued by the Coast
Guard under 46 CFR part 10. It
combines the individual merchant
mariner’s document, license, and
certificate of registry enumerated in 46
U.S.C. subtitle II part E as well as the
STCW endorsement into a single
credential that serves as the mariner’s
qualification document, certificate of
identification, and certificate of service.
PART 164—NAVIGATION SAFETY
REGULATIONS
42. The authority citation for part 164
continues to read as follows:
Authority: 33 U.S.C. 1222(5), 1223, 1231;
46 U.S.C. 2103, 3703; Department of
Homeland Security Delegation No. 0170.1
(75). Sec. 164.13 also issued under 46 U.S.C.
8502. Sec. 164.61 also issued under 46 U.S.C.
6101.
43. In § 164.13—
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§ 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.
*
*
*
*
*
■ 44. In § 164.70, add a new definition
for the term ‘‘Merchant mariner
credential or MMC’’, in alphabetical
order, to read as follows:
§ 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
45. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
46. Add a new § 165.3 to read as
follows:
■
§ 165.3
■
■
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
■ b. Revise paragraph (c) to read as
follows:
■
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
PO 00000
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11213
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.
§ 165.120
[Amended]
47. In § 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’’.
■
§ 165.153
[Amended]
48. In § 165.153(d)(6) and (d)(7),
remove the word ‘‘licensed’’ wherever it
appears.
■
§ 165.810
[Amended]
49. In § 165.810(f)(1), remove the
words ‘‘licensed engineer’’ and add, in
their place, the words ‘‘appropriately
licensed or credentialed engineer
officer’’.
■
§ 165.1310
[Amended]
50. In § 165.1310(f)(2), remove the
word ‘‘licensed’’ and add, in its place,
the words ‘‘holding a license or
merchant mariner credential issued’’.
■
46 CFR CHAPTER I
PART 1—ORGANIZATION, GENERAL
COURSE AND METHODS GOVERNING
MARINE SAFETY FUNCTIONS
51. The authority citation for part 1
continues to read as follows:
■
Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46
U.S.C. 7701; 46 U.S.C. Chapter 93; Pub. L.
107–296, 116 Stat. 2135; Department of
Homeland Security Delegation No. 0170.1;
§ 1.01–35 also issued under the authority of
44 U.S.C. 3507.
52. In § 1.01–05, add new paragraphs
(d) and (e) to read as follows:
■
§ 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
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credential that serves as the mariner’s
qualification document, certificate of
identification, and certificate of service.
§ 1.01–10
[Amended]
53. In § 1.01–10, in paragraph
(b)(1)(ii)(C), remove the words ‘‘licenses,
documents or certificates’’ and add, in
their place, the word ‘‘credentials.’’
■ 54. In § 1.01–15—
■ a. In paragraph (a)(1), remove the
words ‘‘licenses, certificates, and
documents’’ and add, in their place, the
word ‘‘credentials’’, and remove the
words ‘‘licensing, certificating’’ and
add, in their place, the word
‘‘credentialing’’; and
■ b. Revise paragraph (b) to read as
follows:
■
§ 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.
*
*
*
*
*
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§ 1.01–25
[Amended]
55. In § 1.01–25—
a. In paragraph (b)(1), remove the
words ‘‘licenses, certificates, or
documents’’ and add, in their place, the
word ‘‘credentials’’; and
■ b. In paragraphs (c) introductory text
and (c)(1) introductory text, remove the
words ‘‘license, certificate or document’’
wherever they appear and add, in their
place, the word ‘‘credential’’.
■
■
PART 4—MARINE CASUALTIES AND
INVESTIGATIONS
56. The authority citation for part 4
continues to read as follows:
■
Authority: 33 U.S.C. 1231, 1321; 43 U.S.C.
1333; 46 U.S.C. 2103, 2306, 6101, 6301, 6305;
50 U.S.C. 198; Department of Homeland
Security Delegation No. 170.1. Authority for
subpart 4.40: 49 U.S.C. 1903(a)(1)(E);
Department of Homeland Security Delegation
No. 0170.1.
■
57. Add § 4.03–75 to read as follows:
§ 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.
§ 4.07–1
[Amended]
58. In § 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’’.
■
Authority: 46 U.S.C. 2103, 7101, 7301,
7701; Department of Homeland Security
Delegation No. 0170.1.
§ 5.3
[Amended]
61. In § 5.3, remove the words
‘‘licenses, certificates or documents’’
and add, in their place, the words
‘‘credentials or endorsements’’.
■
§ 5.5
[Amended]
62. In § 5.5, remove the word
‘‘certification’’ and add, in its place, the
words ‘‘certificate, merchant mariner
credential, endorsement,’’.
■
§ 5.19
[Amended]
63. In § 5.19(b), remove the words
‘‘license, certificate or document’’ and
add, in their place, the words
‘‘credential or endorsement’’.
■
64. Add a new § 5.40 to read as
follows:
■
§ 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.
§ 5.55
[Amended]
65. In § 5.55(a) introductory text,
remove the words ‘‘license, certificate or
document’’ and add, in their place, the
word ‘‘credential’’.
■
59. In § 4.07–10(a)(3), remove the
words ‘‘licenses or certificates’’ and add,
in their place, the word ‘‘credentials’’.
66. In § 5.57—
a. Revise the section heading and
paragraph (b) to read as set out below;
■ b. In paragraph (a) introductory text,
remove the words ‘‘license, certificate or
document’’ wherever they appear and
add, in their place, the words
‘‘credential or endorsement’’; and
■ c. In paragraph (c), remove the words
‘‘license, certificate or document’’ and
add, in their place, the words
‘‘credential or endorsement’’.
PART 5—MARINE INVESTIGATION
REGULATIONS—PERSONNEL ACTION
§ 5.57 Acting under authority of Coast
Guard credential or endorsement.
§ 4.07–10
[Amended]
■
60. The authority citation for part 5
continues to read as follows:
■
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■
■
*
*
*
*
*
(b) A person is considered to be acting
under the authority of the credential or
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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.
*
*
*
*
*
§ 5.59
[Amended]
67. In § 5.59—
a. In the section heading, remove the
words ‘‘licenses, certificates or
documents’’ and add, in their place, the
words ‘‘credentials or endorsements’’;
and
■ b. In the introductory text, remove the
words ‘‘license, certificate or document’’
and add, in their place, the words
‘‘credential or endorsement’’.
■
■
§ 5.61
[Amended]
68. In § 5.61—
a. In the section heading, remove the
words ‘‘licenses, certificates or
documents’’ and add, in their place, the
word ‘‘credentials’’; and
■ b. In paragraphs (a) introductory text
and (b), remove the words ‘‘license,
certificate or document’’ wherever they
appear and add, in their place, the
words ‘‘credential or endorsements’’.
■
■
§ 5.101
[Amended]
69. In § 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’’.
■
§ 5.105
[Amended]
70. In § 5.105(b), (c), and (e), remove
the words ‘‘license, certificate or
document’’ and add, in their place, the
words ‘‘credential or endorsement’’.
■
Subpart E—[Amended]
71. In the heading to subpart E,
remove the words ‘‘License, Certificate
or Document’’ and add, in their place,
the words ‘‘Coast Guard Credential or
Endorsement’’.
■
§ 5.201
[Amended]
72. In § 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’’.
■
§ 5.203
[Amended]
73. In § 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’’.
■
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§ 5.205
[Amended]
74. In § 5.205—
a. In the section heading, remove the
words ‘‘license, certificate of registry, or
merchant mariners document’’ and add,
in their place, the words ‘‘credential or
endorsement’’; and
■ b. In paragraphs (a), (b) introductory
text, (c) introductory text, and (d),
remove the words ‘‘license, certificate or
document’’ wherever they appear and
add, in their place, the words
‘‘credential or endorsement’’.
■
■
§ 5.501
11215
‘‘documents’’ and add, in its place, the
words ‘‘credentials or endorsements’’;
and, after the words ‘‘If a temporary’’,
remove the word ‘‘document’’ and add,
in its place, the words ‘‘credential or
endorsement’’;
■ e. In paragraph (e), remove the word
‘‘document’’ and add, in its place, the
words ‘‘credential or endorsement’’; and
■ f. In paragraph (f), remove the word
‘‘documents’’ and add, in its place, the
word ‘‘credential’’.
§ 5.713
[Amended]
79. In § 5.713(a), remove the words
‘‘licenses, certificates, or documents’’
and add, in their place, the words
‘‘credentials or endorsements’’.
■
[Amended]
75. In § 5.501, remove the words
‘‘license, certificate of registry, or
document’’ and add, in their place, the
words ‘‘credential or endorsement’’.
§ 5.715
§ 5.521 Verification of credential or
endorsement.
■
■
■
76. In § 5.521—
a. Revise the section heading as set
forth above;
■ b. In paragraph (a), after the words
‘‘all valid’’, remove the words ‘‘licenses,
certificates, and/or documents’’ and
add, in their place, the word
‘‘credentials’’; and, after the words
‘‘alleges that’’, remove the words ‘‘such
license, certificate or document’’ and
add, in their place, the word
‘‘credential’’; and
■ c. In paragraph (b), remove the words
‘‘license, certificate, or document’’ and
add, in their place, the word
‘‘credential’’.
■
■
§ 5.567
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’’.
[Amended]
78. In § 5.707—
a. In the section heading, remove the
words ‘‘license, certificate, or
document’’ and add, in their place, the
words ‘‘credential or endorsement’’;
■ b. In paragraph (a), remove the words
‘‘license, certificate or document’’
wherever they appear and add, in their
place, the words ‘‘credential or
endorsement’’;
■ c. In paragraph (c), remove the words
‘‘document or license’’ and add, in their
place, the words ‘‘credential or
endorsement’’;
■ d. In paragraph (d), after the words
‘‘All temporary’’, remove the word
■
■
PO 00000
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Subpart L—[Amended]
81. In the heading to subpart L,
remove the words ‘‘Licenses,
Certificates or Documents’’ and add, in
their place, the words ‘‘Credential or
Endorsement’’.
■
[Amended]
■
§ 5.707
[Amended]
80. In § 5.715—
a. In the section heading, remove the
words ‘‘document and/or license’’ and
add, in their place, the words
‘‘credential and/or endorsement’’;
■ b. In paragraph (a), remove the words
‘‘document or license’’ and add, in their
place, the words ‘‘credential and/or
endorsement’’; and
■ c. In paragraph (c), remove the words
‘‘document and/or license’’ and add, in
their place, the words ‘‘credential and/
or endorsement’’, and after the words
‘‘order. This’’, remove the word
‘‘document’’ and add, in its place, the
words ‘‘credential and/or endorsement’’.
Sfmt 4700
§ 5.901
[Amended]
82. In § 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’’.
■
§ 5.903
[Amended]
83. In § 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’’.
■
§ 5.905
[Amended]
84. In § 5.905(b), remove the words
‘‘license, certificate or document’’ and
add, in their place, the words
‘‘credential or endorsement’’.
■
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Subpart A—General
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]
86. Redesignate part 10, consisting of
§§ 10.101 through 10.1105, as part 11,
§§ 11.101 through 11.1105.
■
87. Add a new part 10 to subchapter
B to read as follows:
■
PART 10—MERCHANT MARINER
CREDENTIAL
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.
15:59 Mar 13, 2009
Jkt 217001
§ 10.107
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.
§ 10.103
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.
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§ 10.105 Paperwork approval.
§ 10.101
PART 10—MERCHANT MARINER
OFFICERS AND SEAMEN
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 https://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, https://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
§§ 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
§§ 10.107, 10.109, 10.227, and 10.231.
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[Reserved]
Definitions in subchapter B.
(a) With respect to part 16 and
§ 15.1101 of this title only, if the
definitions in paragraph (b) of this
section differ from those set forth in
either § 16.105 or § 15.1101, the
definition set forth in either § 16.105 or
§ 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 § 11.302 of
this chapter.
Approved training means training that
is approved by the Coast Guard or meets
the requirements of § 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
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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
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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 onehalf 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
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11217
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
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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 °C (100 °F).
Liquid cargo in bulk means a liquid or
liquefied gas listed in § 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.
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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
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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 § 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 §§ 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
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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 § 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
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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 § 13.121 of this chapter
that uses simulation supplying part of
the service on transfers required for
tankerman by § 13.203 or 13.303 of this
chapter.
Staff officer means a person who
holds an MMC with an officer
endorsement listed in § 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 § 10.103).
STCW Code means the Seafarer’s
Training, Certification and
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Watchkeeping Code, as amended 1995
(incorporated by reference in § 10.103).
STCW endorsement means an
annotation on a merchant mariner
credential that allows a mariner to serve
in those capacities under § 10.109(d).
The STCW endorsement serves as
evidence that a mariner has met the
requirements of STCW.
Tank barge means a non-selfpropelled 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
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established for assessment of fees.
Upper-level endorsements are those for
which the requirements are listed in
§§ 11.404 to 11.407 of this subchapter
and §§ 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.
§ 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-nearcoastal);
(22) First assistant engineer;
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(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).
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(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 § 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
§ 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 § 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
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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.
§ 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).
§ 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 § 10.227(f) of this part.
(d) When an MMC is renewed or reissued before its expiration date in
accordance with § 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.
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(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.
§ 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.
§ 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 § 10.225, the
requirements for a renewal MMC
application are in § 10.227, the
requirements for a duplicate MMC
application are contained in § 10.229,
and the requirements for an application
for a new endorsement or raise of grade
are contained in § 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 § 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;
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11221
(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 § 10.215 of this part;
(4) If the applicant desires a credential
with a radar-observer endorsement in
accordance with § 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 § 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 § 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 § 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 § 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
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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.
§ 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 § 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 allinclusive 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) ........................................................................................................................
Homicide (unintentional) ....................................................................................................................
Assault (aggravated) .........................................................................................................................
Assault (simple) .................................................................................................................................
Sexual Assault (rape, child molestation) ...........................................................................................
Robbery .............................................................................................................................................
Other crimes against persons 2
7
5
5
1
5
5
years ..................
years ..................
years ..................
year ....................
years ..................
years ..................
20 years.
10 years.
10 years.
5 years.
10 years.
10 years.
Vehicular Crimes
Conviction involving fatality ......................................................................................................................
Reckless Driving .......................................................................................................................................
Racing on the Highways ...........................................................................................................................
Other vehicular crimes 2
1 year ....................
1 year ....................
1 year ....................
5 years.
2 years.
2 years.
5 years ..................
10 years.
Crimes Against Public Safety
Destruction of Property .............................................................................................................................
Other crimes against public safety 2
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TABLE 10.211(G)—GUIDELINES FOR EVALUATING APPLICANTS FOR MMCS WHO HAVE CRIMINAL CONVICTIONS—
Continued
Assessment periods
Crime 1
Minimum
Maximum
Dangerous Drug Offenses 3 4 5
Trafficking (sale, distribution, transfer) .....................................................................................................
Dangerous drugs (Use or possession) .....................................................................................................
Other dangerous drug convictions 6
5 years ..................
1 year ....................
10 years.
10 years.
1 year ....................
10 years.
3 years ..................
3 years ..................
10 years.
5 years.
Assessment Periods for Officer Endorsements Only
Criminal Violations of Environmental Laws
Criminal violations of environmental laws involving improper handling of pollutants or hazardous materials.
Crimes Against Property
Burglary .....................................................................................................................................................
Larceny (embezzlement) ..........................................................................................................................
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 § 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 § 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
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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.
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(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
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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.
§ 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 NDRlisted 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
§ 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
Number of convictions
Date of conviction
Assessment period
1 ......................................................
1 ......................................................
Less than 1 year ............................
More than 1, less than 3 years .....
1 ......................................................
2 or more .........................................
More than 3 years old ...................
Any less than 3 years old ..............
2 or more .........................................
All more than 3 years old ..............
1 year from date of conviction.
Application will be processed, unless suspension, or revocation 2 is
still in effect. Applicant will be advised that additional conviction(s)
may jeopardize merchant mariner credentials.
Not necessary unless suspension or revocation is still in effect.
1 year since last conviction and at least 3 years from 2nd most recent conviction, unless suspension or revocation is still in effect.
Application will be processed unless suspension or revocation is still
in effect.
1 Any applicant who has ever been the user of, or addicted to the use of, a dangerous drug shall meet the requirements of paragraph (a) of
this section.
2 Suspension or revocation, when referred to in table 10.213, means a State suspension or revocation of a motor vehicle operator’s license.
(d) Any application may be
disapproved if information from the
NDR check leads the Coast Guard to
determine that the applicant cannot be
entrusted with the duties and
responsibilities of the MMC or
endorsement for which the application
is made. If an application is
disapproved, the Coast Guard will
notify the applicant in writing of the
reason(s) for disapproval and advise the
applicant that the appeal procedures in
subpart 1.03 of part 1 of this chapter
apply. No examination will be given
pending decision on appeal.
(e) Before disapproving an application
because of information received from
the NDR, the Coast Guard will make the
information available to the applicant
for review and written comment. The
applicant may submit records from the
applicable State concerning driving
record and convictions to the Coast
Guard REC processing the application.
The REC will hold an application with
NDR-listed convictions pending the
completion of the evaluation and
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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
PO 00000
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employment in the merchant marine
including parole or probation officers;
(4) Steady employment; and
(5) Successful completion of all
conditions of parole or probation.
§ 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
§ 10.211 of this part.
§ 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
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by a licensed medical doctor, licensed
physician assistant, or licensed nurse
practitioner.
(1) First-class pilots, and those serving
as pilots under § 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.
11225
(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
Credential
Vision test
(i) Deck officer, including pilot ................................................
(ii) Engineering officer ............................................................
(iv) Radio officer .....................................................................
(v) Offshore installation manager, barge supervisor, or ballast control operator.
(vi) Able seaman ....................................................................
(vii) QMED ..............................................................................
(viii) RFPNW ...........................................................................
(ix) RFPEW ............................................................................
(x) Tankerman ........................................................................
(xi) Food handler serving on vessels to which STCW does
not apply.
(xii) Food handler serving on vessels to which STCW applies.
(xiii) Ratings, including entry 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
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§ 10.215(b)(1)
§ 10.215(b)(2)
§ 10.215(b)(2)
§ 10.215(b)(2)
........
........
........
........
Hearing test
§ 10.215(c)
§ 10.215(c)
§ 10.215(c)
§ 10.215(c)
Demonstration
of physical
ability
............
............
............
............
§ 10.215(d)(1)
§ 10.215(d)(1)
§ 10.215(d)(1)
§ 10.215(d)(1)
........
........
........
........
§ 10.215(e)(1)
§ 10.215(e)(1)
§ 10.215(e)(1)
§ 10.215(e)(1)
§ 10.215(b)(1) ........
§ 10.215(b)(2) ........
§ 10.215(b)(1) ........
§ 10.215(b)(2) ........
§ 10.215(b)(2) ........
...............................
§ 10.215(c) ............
§ 10.215(c) ............
§ 10.215(c) ............
§ 10.215(c) ............
§ 10.215(c) ............
...............................
§ 10.215(d)(1)
§ 10.215(d)(1)
§ 10.215(d)(1)
§ 10.215(d)(1)
§ 10.215(d)(1)
§ 10.215(d)(2)
........
........
........
........
........
........
§ 10.215(e)(1)
§ 10.215(e)(1)
§ 10.215(e)(1)
§ 10.215(e)(1)
§ 10.215(e)(1)
...............................
...............................
§ 10.215(d)(2) ........
§ 10.215(e)(1)
...............................
...............................
...............................
§ 10.215(e)(2)
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.
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General medical
exam
Frm 00031
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(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;
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(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.
§ 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 https://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.
§ 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
is . . .
MMC with officer endorsement:
Original:.
Upper level .........................................................................................................................
Lower level .........................................................................................................................
Renewal ....................................................................................................................................
Raise of grade ...........................................................................................................................
Modification or removal of limitation or scope ..........................................................................
Radio officer endorsement:
Original ......................................................................................................................................
Renewal ....................................................................................................................................
Staff officer endorsements:
Original ......................................................................................................................................
Renewal ....................................................................................................................................
MMC with rating endorsement:
Original endorsement for ratings other than qualified ratings .........................................................
Original endorsement for qualified rating .........................................................................................
Upgrade or Raise of Grade ..............................................................................................................
Renewal endorsement for ratings other than qualified ratings ........................................................
Renewal endorsement for qualified rating .......................................................................................
STCW certification:
Original ......................................................................................................................................
Renewal ....................................................................................................................................
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Examination
then the fee
is . . .
Issuance then
the fee is
. . .
$100 .............
100 ...............
50 .................
100 ...............
50 .................
$110 .............
95 .................
45 .................
45 .................
45 .................
$45
45
45
45
45
50 .................
50 .................
45 .................
n/a ................
45
45
90 .................
50 .................
n/a ................
n/a ................
45
45
95
95
95
50
50
.................
.................
.................
.................
.................
n/a ................
140 ...............
140 ...............
n/a ................
45 .................
45
45
45
45
45
No fee ..........
No fee ..........
No fee ..........
No fee ..........
No fee
No fee
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TABLE 10.219(A) FEES—Continued
And you need . . .
If you apply for
Evaluation
then the fee
is . . .
Examination
then the fee
is . . .
Issuance then
the fee is
. . .
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 https://
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 https://
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
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15:59 Mar 13, 2009
Jkt 217001
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-
PO 00000
Frm 00033
Fmt 4701
Sfmt 4700
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.
§ 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 § 11.201(d) of this part.
(2) All other MMCs. All other
applicants, except as noted in § 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).
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(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
VerDate Nov<24>2008
15:59 Mar 13, 2009
Jkt 217001
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.
§ 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 § 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
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Frm 00034
Fmt 4701
Sfmt 4700
(incorporated by reference, see
§ 10.103).
(4) The appropriate fee as set forth in
§ 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.
§ 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
§ 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 § 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
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(incorporated by reference, see
§ 10.103).
(4) The appropriate fee as set forth in
§ 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 § 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 § 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 § 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.
§ 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.
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(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
§ 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 § 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 § 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 § 11.480 of this chapter.
(iii) Additional qualification
requirements for renewal of an officer
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endorsement as first-class pilot are
contained in § 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
§ 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 § 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 § 10.103).
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(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
§ 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 § 10.219
apply to these examinations. In the case
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of an expired radio officer’s
endorsement, the endorsement may be
issued upon presentation of a valid first
or second-class radiotelegraph operator
license issued by the Federal
Communications Commission.
(2) An endorsement for chief purser,
purser, senior assistant purser, junior
assistant purser, hospital corpsman,
marine physician assistant, medical
doctor, or professional nurse that has
been expired for more than 12 months
shall be renewed in the same way as a
current endorsement of that type. There
are no additional requirements for reissuing endorsements for chief purser,
purser, senior assistant purser, junior
assistant purser, hospital corpsman,
marine physician assistant, medical
doctor, or professional nurse that have
been expired for more than 12 months.
§ 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 § 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 § 10.221 of this part.
(f) Applications for duplicate
credentials will not be subject to a
criminal record review.
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§ 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 § 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
§ 10.103).
(4) The appropriate fee as set forth in
§ 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 § 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.
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(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
§ 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
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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
§ 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.
§ 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.
§ 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
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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
§ 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.
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Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations
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
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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.
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§ 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
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11234
Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations
BILLING CODE 4910–15–C
88. Revise the heading to newly
redesignated part 11 to read as follows:
■
PART 11—REQUIREMENTS FOR
OFFICER ENDORSEMENTS
89. The authority citation for part 11
continues to read as follows:
■
Authority: 14 U.S.C. 633; 31 U.S.C. 9701;
46 U.S.C. 2101, 2103, and 2110; 46 U.S.C.
chapter 71; 46 U.S.C. 7502, 7505, 7701, and
8906; Executive Order 10173; Department of
Homeland Security Delegation No. 0170.1.
Section 11.107 is also issued under the
authority of 44 U.S.C. 3507.
90. In newly redesignated § 11.101—
a. Revise paragraphs (a) and (a)(1) to
read as set out below;
■ b. In paragraph (a)(2), in the last
sentence, remove the words ‘‘in 1995’’
and ‘‘certificate or’’;
■ c. In paragraph (b), remove the word
‘‘licenses’’ and add, in its place, the
words ‘‘officer endorsements’’; remove
the words ‘‘all licensed personnel shall’’
and add, in their place, the words ‘‘each
officer credentialed under this part
must’’; and, after the words
‘‘characteristics of’’, remove the word
‘‘each’’ and add, in its place, the word
‘‘a’’; and
■ d. In paragraph (c)(1), remove the
words ‘‘license or license endorsement’’
and add, in their place, the words
‘‘officer endorsement’’:
■
■
§ 11.101
Purpose of regulations.
(a) These regulations provide—
(1) A means of determining the
qualifications an applicant must possess
to be eligible for an officer endorsement
as a staff officer, deck officer, engineer,
pilot, or radio officer on merchant
vessels, or for an endorsement to
operate uninspected passenger vessels;
and
*
*
*
*
*
■ 91. Revise newly redesignated
§ 11.102 to read as follows:
§ 11.102
Incorporation by reference.
15:59 Mar 13, 2009
Jkt 217001
§ 11.103
[Removed and Reserved]
92. Remove and reserve newly
redesignated § 11.103.
■
§ 11.105
[Removed and Reserved]
93. Remove and reserve newly
redesignated § 11.105.
■
94. In newly redesignated § 11.107,
revise paragraphs (b)(1), (b)(2), and
(b)(3) to read as follows:
■
§ 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.
§ 11.109
[Removed and Reserved]
95. Remove and reserve newly
redesignated § 11.109.
■
(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 https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
VerDate Nov<24>2008
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, https://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 §§ 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 §§ 11.202, 11.304, 11.901, 11.903,
11.1005, and 11.1105.
§ 11.110
[Removed and Reserved]
96. Remove and reserve newly
redesignated § 11.110.
■
§ 11.111
[Removed and Reserved]
97. Remove and reserve newly
redesignated § 11.111.
■
§ 11.112
[Removed and Reserved]
98. Remove and reserve newly
redesignated § 11.112.
■
§ 11.113
[Removed and Reserved]
99. Remove and reserve newly
redesignated § 11.113.
■
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11235
Subpart B—General Requirements for
Officer Endorsements
100. Revise the heading to subpart B
as set forth above.
■
101. Revise newly redesignated
§ 11.201 to read as follows:
■
§ 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 § 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);
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(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.
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102. Revise newly redesignated
§ 11.202 to read as follows:
■
§ 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
§ 11.102).
(2) Fire prevention and firefighting as
set out in table A–VI/1–2 of the STCW
Code (incorporated by reference, see
§ 11.102).
(3) Elementary first aid as set out in
table A–VI/1–3 of the STCW Code
(incorporated by reference, see
§ 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 § 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 nearcoastal 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
§ 11.102).
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(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 nearcoastal 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
§ 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, https://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, § 11.304, and
§ 11.901, each mariner found qualified
to hold any of the following officer
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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.
§ 11.203
[Removed and Reserved]
103. Remove and reserve newly
redesignated § 11.203.
■
§ 11.204
[Removed and Reserved]
104. Remove and reserve newly
redesignated § 11.204.
■ 105. Revise newly redesignated
§ 11.205 to read as follows:
■
§ 11.205 Requirements for original officer
endorsements and STCW endorsements.
(a) General. In addition to the
requirements in part 10 of this chapter
and §§ 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
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15:59 Mar 13, 2009
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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
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11237
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 § 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
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(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, https://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
§§ 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,
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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 § 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.
§ 11.207
[Removed and Reserved]
106. Remove and reserve newly
redesignated § 11.207.
■
§ 11.209
[Removed and Reserved]
107. Remove and reserve newly
redesignated § 11.209.
■
§ 11.210
[Removed and Reserved]
108. Remove and reserve newly
redesignated § 11.210.
■ 109. In newly redesignated § 11.211—
■ a. Revise the section heading;
■ 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
■
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or licensed masters’’ and add, in their
place, the words ‘‘officials, or
individuals holding an officer
endorsement or license as master’’;
■ c. In paragraph (b) introductory text,
remove the word ‘‘license’’ and add, in
its place, the words ‘‘officer
endorsement’’;
■ d. Revise paragraph (c); and
■ 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:
§ 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.
*
*
*
*
*
§ 11.213
[Amended]
110. In newly redesignated § 11.213—
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’’;
■ b. In paragraph (b), remove the words
‘‘licensing purposes’’ wherever they
appear and add, in their place, the
words ‘‘the purposes of this part’’;
■ c. In paragraph (d), remove the word
‘‘licenses’’ wherever it appears and add,
in its place, the words ‘‘officer
endorsements’’; after the words
‘‘submitted for the’’ remove the word
‘‘license’’ and add, in its place, the word
‘‘endorsement’’; and after the words
‘‘submitted for an original’’, remove the
word ‘‘license’’ and add, in its place, the
words ‘‘officer endorsement’’; and
■ d. In paragraph (e), after the words ‘‘in
which a license’’, add the words ‘‘or
officer endorsement’’.
■
■
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§ 11.215
■
[Removed and Reserved]
111. Remove and reserve § 11.215.
§ 11.217
[Amended]
112. In newly redesignated § 11.217—
a. In the section heading, remove the
word ‘‘licenses’’ and add, in its place,
the words ‘‘officer endorsements’’;
■ b. In paragraph (a)(1), after the words
‘‘deck and engineer unlimited’’, remove
the word ‘‘licenses’’ and add, in its
place, the words ‘‘officer
endorsements’’; and remove the words
‘‘table 10.109 in § 10.109’’ and add, in
their place, the words ‘‘table 10.219(a)
in § 10.219 of this chapter’’;
■ c. In paragraph (a)(2), after words
‘‘deck and engineer’’, remove the words
‘‘license’’ and add, in its place, the
words ‘‘officer endorsement’’; and
remove the words ‘‘table 10.109 in
§ 10.109’’ and add, in their place, the
words ‘‘table 10.219(a) in § 10.219 of
this chapter’’; and
■ 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’’.
■
■
§ 11.219
[Removed and Reserved]
113. Remove and reserve newly
redesignated § 11.219.
■
§ 11.221
[Removed and Reserved]
114. Remove and reserve newly
redesignated § 11.221.
■
§ 11.223
[Removed and Reserved]
115. Remove and reserve newly
redesignated § 11.223.
■
§ 11.302
[Amended]
116. In newly redesignated
§ 11.302(e), remove the words ‘‘parts 10,
12, 13 or 15,’’ and add, in their place,
the words ‘‘parts 10, 11, 12, 13, or 15’’.
■ 117. Revise newly designated § 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:
■
§ 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
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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 § 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
§ 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 § 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
§ 11.102) and the requirements of
subpart C of this part. The training must
be documented in a Coast Guardaccepted 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
§ 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
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11239
STCW Code (incorporated by reference,
see § 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 selfpropelled 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 § 11.465(a) and
Table 11.465–1 of this part.
§ 11.309
[Amended]
118. In newly redesignated § 11.309—
a. In paragraph (a) introductory text,
remove the citation ‘‘§ 10.302’’ and add,
in its place, the citation ‘‘§ 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’’;
■
■
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b. In paragraph (a)(3)(iii), after the
words ‘‘level of license,’’ add the word
‘‘officer’’;
■ c. In paragraph (a)(4), after the words
‘‘maritime license’’, add the words ‘‘,
MMC,’’;
■ d. In paragraph (b), in the second
sentence, remove the word ‘‘licenses’’
and add, in its place, the word ‘‘officer’’;
■ e. In paragraph (c)(2), remove the
words ‘‘(G–MOC)’’ and add, in their
place, the words ‘‘(CG–543)’’; and
■ 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
119. Revise the heading for subpart D
to read as set forth above.
■ 120. Revise newly redesignated
§ 11.401 to read as follows:
■
§ 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 nearcoastal, 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
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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 auxiliarysail 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.
■ 121. In newly redesignated § 11.402—
■ a. Revise the section heading;
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b. In paragraph (a), remove the word
‘‘license’’ and add, in its place, the word
‘‘endorsement’’;
■ c. Revise paragraph (b);
■ d. In paragraph (c)(1), remove the
word ‘‘licensed’’ and add in its place,
the word ‘‘endorsed’’;
■ e. In paragraph (c)(2), remove the
words ‘‘licensed capacity’’ and add, in
their place, the words ‘‘capacity as an
officer’’; after the words ‘‘for which’’,
remove the word ‘‘licensed’’ and add, in
its place, the word ‘‘endorsed’’; after the
words ‘‘next higher grade’’, remove the
word ‘‘license’’ and add, in its place, the
word ‘‘endorsement’’; and after the
words ‘‘limited license’’, add the words
‘‘or MMC endorsement’’;
■ f. In paragraph (c)(3), after the words
‘‘a license’’, add the words ‘‘or
endorsement’’; and after the words
‘‘third mate’s license’’, add the words
‘‘or MMC endorsement’’; and
■ g. In paragraph (d), after the word
‘‘licenses’’, wherever it appears, add the
words ‘‘or endorsements’’.
The revisions read as follows:
■
§ 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 § 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.
*
*
*
*
*
■ 122. Revise § 11.403 to read as
follows:
§ 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.
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[Amended]
123. In newly redesignated § 11.404—
a. In the introductory text, remove the
word ‘‘license’’ and add, in its place, the
words ‘‘an endorsement’’; and
■ b. In paragraph (b) introductory text,
after the words ‘‘holding a license’’, add
the words ‘‘or MMC endorsement’’.
■
■
§ 11.405
[Amended]
124. In newly redesignated § 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’’.
■
§ 11.406
[Amended]
125. In newly redesignated § 11.406—
a. In the introductory text, remove the
word ‘‘license’’ and add, in its place, the
words ‘‘an endorsement’’;
■ b. In paragraph (a), after the words
‘‘holding a license’’, add the words ‘‘or
endorsement’’;
■ c. In paragraph (b) introductory text,
after the words ‘‘holding a license’’, add
the words ‘‘or MMC endorsement’’;
■ d. In paragraph (b)(2), after the words
‘‘holding a certificate’’, add the words
‘‘or MMC endorsement’’; and
■ e. In paragraph (c), remove the words
‘‘A licensed’’ and add, in their place, the
words ‘‘An individual holding an
■
■
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endorsement or license as’’; and after
the words ‘‘may obtain’’, remove the
words ‘‘a license’’ and add, in their
place, the words ‘‘an endorsement’’.
§ 11.407
[Amended]
126. In newly redesignated § 11.407—
a. In paragraph (a) introductory text,
remove the word ‘‘license’’ and add, in
its place, the words ‘‘an endorsement’’;
■ b. In paragraph (a)(1), after the words
‘‘a certificate’’, add the words ‘‘or
endorsement’’; and remove the word
‘‘license’’ and add, in its place, the
words ‘‘officer endorsement’’;
■ c. In paragraph (b), remove the words
‘‘a license’’ and add, in their place, the
words ‘‘an endorsement’’; and
■ d. In paragraph (c), after the words
‘‘holding a license’’, add the words ‘‘or
MMC endorsement’’; and after the
words ‘‘qualify the applicant for’’,
remove the words ‘‘a license’’ and add,
in their place, the words ‘‘an
endorsement’’.
■
■
§ 11.410
127. In newly redesignated § 11.410—
a. In the section heading, remove the
word ‘‘licenses’’ and add, in its place,
the words ‘‘officer endorsements’’;
■ b. In paragraph (a) introductory text,
remove the word ‘‘Licenses’’ and add, in
its place, the word ‘‘Endorsements’’;
Frm 00047
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§ 11.412
Sfmt 4700
[Amended]
128. In newly redesignated § 11.412—
a. In the introductory text, remove the
words ‘‘a license’’ and add, in their
place, the words ‘‘an endorsement’’;
■ b. In paragraph (a), after the words
‘‘holding a license’’, add the words ‘‘or
MMC endorsement’’; and remove the
words ‘‘master, mate master or mate
(pilot)’’ wherever they appear and add,
in their place, the words ‘‘master, mate,
master or mate (pilot)’’; and
■ c. In paragraph (b), after the words
‘‘holding a license’’, add the words ‘‘or
MMC endorsement’’; and after the
words ‘‘eligible for this’’, remove the
word ‘‘license’’ and add, in its place, the
word ‘‘endorsement’’.
■
■
§ 11.414
[Amended]
■
■
PO 00000
c. In paragraph (b), remove the word
‘‘license’’ and add, in its place, the word
‘‘endorsement’’; and
■ d. In paragraph (c), remove the words
‘‘A license’’ and add, in their place, the
words ‘‘An officer’s endorsement’’.
■
[Amended]
129. In newly redesignated § 11.414—
a. In the introductory text, remove the
words ‘‘a license’’ and add, in their
place, the words ‘‘an endorsement’’; and
■ b. In paragraph (a), after the words
‘‘holding a license’’ add the words ‘‘or
MMC endorsement’’; and remove the
words ‘‘master, mate master or mate
■
■
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(pilot)’’ wherever they appear and add,
in their place, the words ‘‘master, mate,
master or mate (pilot)’’.
§ 11.416
[Amended]
130. In newly redesignated § 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’’.
■
§ 11.418
[Amended]
131. In newly redesignated § 11.418—
a. In the introductory text, remove the
words ‘‘a license’’ and add, in their
place, the words ‘‘an endorsement’’;
■ b. In paragraph (a), after the words
‘‘holding a license’’, add the words ‘‘or
MMC endorsement’’;
■ c. In paragraph (b), after the words
‘‘The holder of a license’’, add the
words ‘‘or MMC endorsement’’; and
after the words ‘‘is eligible for’’, remove
the words ‘‘a license’’ and add, in their
place, the words ‘‘an endorsement’’.
■
■
§ 11.420
[Amended]
132. In newly redesignated § 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’’.
■
§ 11.421
133. In newly redesignated § 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’’.
[Amended]
134. In newly redesignated § 11.422—
a. In the section heading, remove the
word ‘‘licenses’’ and add, in its place,
the word ‘‘endorsements’’;
■ b. In paragraph (a), remove the word
‘‘licenses’’ and add, in its place, the
word ‘‘endorsements’’; and remove the
word ‘‘license’’ and add, in its place, the
word ‘‘endorsement’’;
■ c. In paragraph (b) introductory text,
remove the word ‘‘licenses’’ and add, in
its place, the word ‘‘endorsements’’;
■ d. In paragraphs (b)(1) and (b)(2),
remove the word ‘‘license’’ wherever it
appears and add, in its place, the word
‘‘endorsement’’;
■ e. In paragraph (b)(3), remove the
word ‘‘license’’ and add, in its place, the
words ‘‘officer endorsement’’;
■ f. In paragraph (b)(4), after the words
‘‘increment on the’’, remove the word
‘‘license’’ and add, in its place, the
■
■
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§ 11.424
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[Amended]
135. In newly redesignated § 11.424—
a. In paragraph (a) introductory text,
remove the words ‘‘a license’’ and add,
in their place, the words ‘‘an officer
endorsement’’;
■ b. In paragraph (a)(1), after the words
‘‘holding a license’’, add the words ‘‘or
MMC endorsement’’;
■ c. In paragraph (a)(2), remove the
word ‘‘licensed’’;
■ d. In paragraph (b), remove the words
‘‘endorsement on this license’’ and add,
in their place, the words ‘‘officer
endorsement’’; and after the words
‘‘master’s license’’, add the words ‘‘or
MMC endorsement’’; and
■ e. In paragraph (c), remove the words
‘‘§ 10.401(g) of this subpart’’ and add, in
their place, the words ‘‘§ 11.401(g)’’.
■
■
§ 11.426
[Amended]
■
§ 11.422
words ‘‘officer’s license or MMC
endorsement’’;
■ g. In paragraph (c), after the words
‘‘vessels upon which’’, remove the
words ‘‘licensed personnel are not
required’’ and add, in their place, the
words ‘‘no personnel need an officer
endorsement or license’’; and after the
words ‘‘required to engage’’, remove the
words ‘‘licensed individuals’’ and add,
in their place, the words ‘‘individuals
with officer endorsements’’; and
■ h. In paragraph (e), remove the word
‘‘license’’ and add, in its place, the
words ‘‘officer endorsement’’.
[Amended]
136. In newly redesignated § 11.426—
a. In paragraph (a) introductory text,
remove the words ‘‘a license’’ and add,
in their place, the words ‘‘an
endorsement’’;
■ b. In paragraph (a)(1), after the words
‘‘holding a license’’ add the words ‘‘or
endorsement’’;
■ c. In paragraph (a)(2), remove the
word ‘‘licensed’’; and
■ d. In paragraph (b), remove the words
‘‘an endorsement on this license’’ and
add, in its place, the words ‘‘this officer
endorsement’’; and after the words ‘‘of
the master’s license’’, add the words ‘‘or
MMC endorsement’’.
■
■
§ 11.427
[Amended]
137. In newly redesignated § 11.427—
a. In paragraph (a) introductory text,
remove the word ‘‘license’’ and add, in
its place, the word ‘‘endorsement’’;
■ b. In paragraph (a)(2), after the words
‘‘holding a license’’, add the words ‘‘or
MMC endorsement’’;
■ c. In paragraph (b), after the words
‘‘holder of a license’’, add the words ‘‘or
MMC endorsement’’; and after the
words ‘‘may obtain this’’, remove the
word ‘‘license’’ and add, in its place, the
word ‘‘endorsement’’;
■
■
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d. In paragraph (c), remove the words
‘‘an endorsement on this license’’ and
add, in its place, the words ‘‘this officer
endorsement’’;
■ e. In paragraph (d), after the words ‘‘A
license’’, add the words ‘‘or MMC
endorsement’’; and
■ f. In paragraph (e), after the words ‘‘a
tonnage endorsement’’, remove the
word ‘‘of’’ and add, in its place, the
word ‘‘for’’.
■
§ 11.428
[Amended]
138. In newly redesignated § 11.428—
a. In paragraph (a), remove the words
‘‘a license’’ and add, in their place, the
words ‘‘an endorsement’’; and
■ b. In paragraph (b), remove the words
‘‘endorsement on this license’’ and add,
in their place, the word ‘‘endorsement’’;
and after the words ‘‘issuance of the
license’’, add the words ‘‘or MMC
endorsement’’.
■
■
§ 11.429
[Amended]
139. In newly redesignated § 11.429—
a. In paragraph (a) introductory text,
after the words ‘‘Limited masters’’’,
remove the word ‘‘licenses’’ and add, in
its place, the word ‘‘endorsements’’;
after the words ‘‘educational
institutions.’’, remove the words ‘‘A
license’’ and add, in their place, the
words ‘‘An endorsement’’; and after the
words ‘‘obtain this restricted’’, remove
the word ‘‘license’’ and add, in its place,
the word ‘‘endorsement’’;
■ b. In paragraph (a)(1), after the words
‘‘for which the’’ remove the word
‘‘license’’ and add, in its place, the word
‘‘endorsement’’;
■ c. In paragraph (b), remove the words
‘‘§ 10.205(h) of this part’’ and add, in
their place, the words ‘‘§ 11.205(e)’’; and
■ d. In paragraph (c), after the words
‘‘obtain an endorsement’’, remove the
words ‘‘on this license’’ and after the
words ‘‘issuance of the license’’ add the
words ‘‘or MMC endorsement’’.
■
■
§ 11.430
[Amended]
140. In newly redesignated § 11.430—
a. In the section heading, remove the
word ‘‘Licenses’’ and add, in its place,
the word ‘‘Endorsements’’; and
■ b. In the text, after the words ‘‘Any
license’’, wherever they appear, add the
words ‘‘or MMC endorsement’’; after the
word ‘‘licenses’’, wherever it appears,
add the words ‘‘and MMC
endorsements’’; and, after the words
‘‘COLREGS or the’’, remove the words
‘‘license must be endorsed with an
exclusion from’’ and add, in their place,
the words ‘‘endorsement must exclude’’.
■
■
§ 11.431
■
[Amended]
141. In newly redesignated § 11.431—
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a. In the section heading, remove the
word ‘‘licenses’’, and add, in its place,
the word ‘‘endorsements’’;
■ b. In paragraph (a), remove the word
‘‘licenses’’, and add, in its place, the
word ‘‘endorsements’’; and
■ c. In paragraph (b), remove the word
‘‘licenses’’, and add, in its place, the
word ‘‘endorsements’’; and remove the
citation ‘‘§ 10.402’’ and add, in its place,
the citation ‘‘§ 11.402’’.
■
§ 11.433
[Amended]
142. In newly redesignated § 11.433—
a. In the introductory text, remove the
word ‘‘license’’ and add, in its place, the
words ‘‘an endorsement’’; and
■ b. In paragraph (c), after the words
‘‘holding a license’’, add the word ‘‘or
MMC endorsement’’.
■
■
§ 11.435
[Amended]
143. In newly redesignated § 11.435—
a. In the introductory text, remove the
word ‘‘license’’, and add, in its place,
the word ‘‘an endorsement’’; and
■ b. In paragraph (b), after the words
‘‘mate/first class pilot license’’, add the
words ‘‘or MMC endorsement’’.
■
■
§ 11.437
[Amended]
144. In newly redesignated § 11.437—
a. In paragraph (a) introductory text,
remove the word ‘‘license’’, and add, in
its place, the words ‘‘an endorsement’’;
and
■ b. In paragraph (a)(3), after the words
‘‘holding a license’’, add the words ‘‘or
MMC endorsement’’.
■
■
§ 11.442
[Amended]
145. In newly redesignated § 11.442—
a. In the introductory text, remove the
words ‘‘a license’’, and add, in their
place, the words ‘‘an endorsement’’; and
■ b. In paragraphs (a) and (b), after the
words ‘‘holding a license’’, wherever
they appear, add the words ‘‘or MMC
endorsement’’.
■
■
§ 11.444
[Amended]
146. In newly redesignated § 11.444—
a. In the introductory text, remove the
word ‘‘license’’ and add, in its place, the
words ‘‘an endorsement’’;
■ b. In paragraph (a), after the words
‘‘holding a certificate’’, add the words
‘‘or endorsement’’; and
■ c. In paragraph (b), after the words
‘‘holding a license’’, add the words ‘‘or
MMC endorsement’’.
■
■
§ 11.446
147. In newly redesignated § 11.446—
a. In the introductory text, remove the
words ‘‘a license’’ and add, in their
place, the words ‘‘an endorsement’’;
■ b. In paragraph (a), after the words
‘‘holding a license’’, add the words ‘‘or
MMC endorsement’’; and
■
■
15:59 Mar 13, 2009
148. In newly redesignated § 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’’.
b. In paragraph (b), after the words ‘‘In
order to obtain an endorsement’’,
remove the words ‘‘on this license’’;
■ c. In paragraph (c), before the words
‘‘as master of steam’’, remove the words
‘‘A license’’ and add, in their place, the
words ‘‘An endorsement’’; and
■ d. In paragraph (d), after the words
‘‘The holder of a license’’, add the
words ‘‘or MMC endorsement’’; after the
words ‘‘may obtain this’’, remove the
word ‘‘license’’ and add, in its place, the
word ‘‘endorsement’’; and after the
words ‘‘otherwise the’’, remove the
word ‘‘license’’ and add, in its place, the
word ‘‘endorsement’’.
§ 11.450
§ 11.455
■
§ 11.448
[Amended]
■
[Amended]
149. In newly redesignated § 11.450—
a. In the section heading, remove the
word ‘‘licenses’’ and add, in its place,
the word ‘‘endorsements’’;
■ b. In paragraph (a), remove the word
‘‘licenses’’ and add, in its place, the
word ‘‘endorsements’’; and remove the
citation ‘‘§ 10.422’’ each time it appears
and add, in its place, the citation
‘‘§ 11.422’’;
■ c. In paragraph (c), after the words
‘‘vessels upon which’’, remove the
words ‘‘licensed personnel’’ and add, in
their place, the words ‘‘personnel with
licenses or endorsements’’; and, after
the words ‘‘required to engage’’, remove
the words ‘‘licensed individuals’’ and
add, in their place, the words
‘‘individuals with endorsements’’; and
■ d. In paragraph (d), remove the word
‘‘license’’ and add, in its place, the word
‘‘endorsement’’.
■
■
§ 11.452
[Amended]
150. In newly redesignated § 11.452—
a. In paragraph (a), after the words
‘‘qualify an applicant for’’, remove the
words ‘‘a license’’ and add, in their
place, the words ‘‘an endorsement’’;
after the words ‘‘holding a license’’, add
the words ‘‘or MMC endorsement’’; and
after the words ‘‘otherwise the’’, remove
the word ‘‘license’’ and add, in its place,
the word ‘‘endorsement’’; and
■ b. In paragraph (b), after the words ‘‘In
order to obtain an endorsement’’,
remove the words ‘‘on this license’’; and
after the words ‘‘master’s license’’ add
the words ‘‘or MMC endorsement’’.
■
■
§ 11.454
[Amended]
151. In newly redesignated § 11.454—
■ a. In paragraph (a), after the words
‘‘qualify an applicant for’’, remove the
words ‘‘a license’’ and add, in their
place, the words ‘‘an endorsement’’; and
after the words ‘‘otherwise the’’, remove
the word ‘‘license’’ and add, in its place,
the word ‘‘endorsement’’;
■
[Amended]
VerDate Nov<24>2008
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’’.
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■
[Amended]
152. In newly redesignated § 11.455—
a. In paragraph (a), after the words
‘‘qualify an applicant for’’, remove the
words ‘‘a license’’ and add, in their
place, the words ‘‘an endorsement’’; and
after the words ‘‘otherwise the’’, remove
the word ‘‘license’’ and add, in its place,
the word ‘‘endorsement’’; and
■ b. In paragraph (b), after the words ‘‘In
order to obtain an endorsement’’,
remove the words ‘‘on this license’’; and
after the words ‘‘issuance of the’’,
remove the word ‘‘license’’ and add, in
its place, the word ‘‘endorsement’’.
■
■
§ 11.456
[Amended]
153. In newly redesignated § 11.456—
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’’;
■ b. In paragraph (a), remove the word
‘‘license’’ and add, in its place, the word
‘‘endorsement’’; and
■ c. In paragraph (d), after the words
‘‘required by’’, remove the citation
‘‘§ 10.205(h)’’ and add, in its place, the
citation ‘‘§ 11.205(e)’’.
■
■
§ 11.457
[Amended]
154. In newly redesignated § 11.457—
a. In paragraph (a), after the words
‘‘An applicant for’’, remove the words
‘‘a license’’ and add, in their place, the
words ‘‘an endorsement’’; and after the
words ‘‘requirements of’’, remove the
citation ‘‘§ 10.452’’ and add, in its place,
the citation ‘‘§ 11.452’’; and
■ b. In paragraph (b), after the words ‘‘In
order to obtain an endorsement’’,
remove the words ‘‘on this license’’; and
after the words ‘‘issuance of the
license’’, add the words ‘‘or MMC
endorsement’’.
■
■
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§ 11.459
Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations
[Amended]
155. In newly redesignated § 11.459—
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
■ b. In paragraph (b), after the words
‘‘An applicant for’’, remove the words
‘‘a license’’ and add, in their place, the
words ‘‘an endorsement’’; and after the
words ‘‘and inland steam or motor’’,
remove the word ‘‘license’’ and add, in
its place, the word ‘‘endorsement’’.
■ 156. In newly designated § 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:
■
■
§ 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 § 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.
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15:59 Mar 13, 2009
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(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
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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.
*
*
*
*
*
§ 11.463
[Amended]
157. In newly redesignated § 11.463—
a. In the section heading, remove the
words ‘‘licenses for’’ and add, in their
place, the words ‘‘endorsements as’’;
■ b. In paragraph (a) introductory text,
remove the word ‘‘licenses’’ and add, in
its place, the word ‘‘endorsements’’; and
■ c. In paragraphs (b) and (c), remove
the words ‘‘a license’’ wherever they
appear and add, in their place, the
words ‘‘an endorsement’’.
■
■
158. In newly redesignated § 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:
■
§ 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.
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TABLE 11.464(A)—REQUIREMENTS FOR ENDORSEMENT AS MASTER OF TOWING VESSELS 1
Route endorsed
TOS 3 on T/V as
mate (pilot)
TOS 3 on T/V as
mate (pilot) not
as harbor assist
TOS 3 on
particular route
Subordinate
route authorized
1
(1)
(2)
(3)
(4)
Total service 2
2
3
4
5
6
OCEANS (O) ......................................................
NEAR-COASTAL (NC) .......................................
GREAT LAKES—INLAND (GL–I) ......................
WESTERN RIVERS (WR) .................................
48
48
48
48
18
18
18
18
of
of
of
of
48
48
48
48
............
............
............
............
12
12
12
12
of
of
of
of
18
18
18
18
............
............
............
............
3
3
3
3
of
of
of
of
18 ..............
18 ..............
18.
18.
NC, GL–I
GL–I
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]
Route endorsed
Total
1
TOS 2 on T/V
as limited
apprentice mate
(steersman)
TOAR or an
approved course
TOS 2 on
particular route
3
service 1
4
5
18 of 48 ............
12 of 18 ............
2
LIMITED LOCAL AREA (LLA) ................................................................
36
3 of 18.
1 Service
2 TOS
is in months.
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
§ 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.
*
*
*
*
*
■ 159. In newly redesignated § 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:
§ 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
Route endorsed
Total
1
TOS 3 on
particular route
TOAR 4 or an
approved course
30 days of observation
and training while
holding master (limited)
and pass a limited
examination
Subordinate
route authorized
4
5
6
7
12 of 30 ............
3 of 12 ..............
YES ..................
YES ..............................
2
(1) OCEANS (O) ...........
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(steersman) 5
3
service 2
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TABLE 11.465–1—REQUIREMENTS FOR ENDORSEMENT AS MATE (PILOT 1) OF TOWING VESSELS—Continued
TOS 3 on
particular route
TOAR 4 or an
approved course
30 days of observation
and training while
holding master (limited)
and pass a limited
examination
Subordinate
route authorized
7
Route endorsed
Total service 2
TOS 3 on T/V as
apprentice mate
(steersman) 5
1
2
3
4
5
6
30
12 of 30 ............
3 of 12 ..............
YES ..................
YES ..............................
30
12 of 30 ............
3 of 12 ..............
YES ..................
YES ..............................
30
12 of 30 ............
3 of 12 ..............
YES ..................
NO (90 days service required).
(2) NEAR-COASTAL
(NC).
(3) GREAT LAKES-INLAND (GL-I).
(5) WESTERN RIVERS
(WR).
GL–I
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
§ 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 § 11.910–2 for apprentice
mate (steersman), towing vessels on
ocean and near coastal routes;
apprentice mate (steersman), towing
vessels on Great Lakes and inland
routes; or, steersman, towing vessels on
Western Rivers routes.
*
*
*
*
*
■ 160. In newly redesignated § 11.466—
a. In the section heading, remove the
word ‘‘licenses’’ and add, in its place,
the word ‘‘endorsements’’;
■ b. In paragraph (a), after the words
‘‘As Table’’ remove the 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’’;
■ c. Redesignate table 10.466–1 as table
11.466(a) and revise it to read as
follows; and
■ 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’’:
■
§ 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
Endorsement
Route endorsed
Total service 1
TOS 2 on T/V
TOS 2 on particular route
Pass examination 3
1
2
3
4
5
6
(1)
APPRENTICE
(STEERSMAN).
15:59 Mar 13, 2009
OCEANS (0) ................................
18
12 of 18 ............
3 of 18 ..............
YES.
NEAR-COASTAL (NC) ................
GREAT LAKES ............................
INLAND (GL–I) ............................
WESTERN RIVERS (WR) ...........
VerDate Nov<24>2008
MATE
18
18
18
18
12
12
12
12
3
3
3
3
YES.
YES.
YES.
YES.
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of
of
18
18
18
18
............
............
............
............
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of
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of
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18
18
18
..............
..............
..............
..............
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TABLE 11.466(A)—REQUIREMENTS FOR ENDORSEMENT AS APPRENTICE MATE (STEERSMAN) OF TOWING VESSELS—
Continued
Endorsement
Route endorsed
Total service 1
TOS 2 on T/V
TOS 2 on particular route
Pass examination 3
1
2
3
4
5
6
(2)
APPRENTICE
MATE
(STEERSMAN) (LIMITED).
NOT APPLICABLE ......................
12 of 18 ............
3 of 18 ..............
18
YES.
1 Service
2 TOS
3 The
is in months.
is time of service.
examination for apprentice mate is specified in subpart I of this part. The examination for apprentice mate (limited) is a limited examina-
tion.
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.
*
*
*
*
*
161. Revise newly redesignated
§ 11.467 to read as follows—
■
§ 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 nearcoastal 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 nearcoastal 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
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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 safeboating 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 Guardapproved 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 § 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.
§ 11.468
[Amended]
162. In newly redesignated § 11.468—
a. In the section heading and text,
remove the word ‘‘Licenses’’ wherever it
appears and add, in its place, the words
‘‘Officer endorsements’’; and
■ b. In the text, remove the word
‘‘license’’ and add, in its place, the word
‘‘endorsement’’.
■
■
163. In newly redesignated § 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:
■
§ 11.470 Officer endorsements as offshore
installation manager.
(a) Officer endorsements as offshore
installation manager (OIM) include:
*
*
*
*
*
PO 00000
Frm 00053
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(b) To qualify for an endorsement as
OIM unrestricted, an applicant must:
(2) * * *
(i) A certificate from a Coast Guardapproved stability course approved for a
license or MMC endorsement as OIM
unrestricted;
*
*
*
*
*
(iv) A certificate from a firefighting
training course as required by
§ 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 Guardapproved stability course approved for a
license or MMC endorsement as OIM
surface units;
*
*
*
*
*
(iv) A certificate from a firefighting
training course as required by
§ 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 Guardapproved stability course approved for
an OIM surface units endorsement;
*
*
*
*
*
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(iii) A certificate from a firefighting
training course as required by
§ 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
§ 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 Guardapproved 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
§ 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:
*
*
*
*
*
§ 11.472 Officer endorsements as barge
supervisor.
164. In newly redesignated § 11.472—
a. Revise the section heading as set
forth above;
■ b. In paragraph (a) introductory text,
remove the words ‘‘a license or’’ and
add, in their place, the word ‘‘an’’;
■ c. In paragraph (a)(2)(i), remove the
words ‘‘barge supervisor license or
endorsement’’ and add, in their place,
the words ‘‘license or MMC
endorsement as barge supervisor’’;
■ d. In paragraph (a)(2)(iii), remove the
citation ‘‘§ 10.205(g)’’ and add, in its
place, the citation ‘‘§ 11.205(d)’’; and
■
■
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e. In paragraph (b), after the words
‘‘unlimited license’’ add the words ‘‘or
MMC endorsement’’.
■
§ 11.474 Officer endorsements as ballast
control operator.
165. In newly redesignated § 11.474—
a. Revise the section heading as set
forth above;
■ b. In paragraph (a) introductory text,
remove the words ‘‘a license or’’ and
add, in its place, the words ‘‘an’’;
■ c. In paragraph (a)(1)(i) and (ii),
remove the words ‘‘a licensed’’
wherever they appear and add, in their
place, the words ‘‘an individual holding
a license or MMC endorsement as’’;
■ d. In paragraph (a)(2)(i), remove the
words ‘‘barge supervisor or ballast
control operator license or
endorsement’’ and add, in their place,
the words ‘‘license or MMC
endorsement as barge supervisor or
ballast control operator’’;
■ e. In paragraph (a)(2)(iii), remove the
citation ‘‘§ 10.205(g)’’ and add, in its
place, the citation ‘‘§ 11.205(d)’’; and
■ 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’’.
■
■
§ 11.476
■
[Removed and Reserved]
166. Remove and reserve § 11.476.
§ 11.480
[Amended]
167. In newly redesignated § 11.480—
a. In paragraph (b) introductory text,
remove the words ‘‘deck officer’s
license’’ and add, in their place, the
word ‘‘MMC’’;
■ b. In paragraph (c), remove the words
‘‘Endorsement as’’ wherever they
appear;
■ c. In paragraph (f), remove the last
sentence;
■ d. 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
■ e. In paragraph (i), after the words
‘‘grade of a license’’ add the words ‘‘or
MMC endorsement’’.
■ 168. In newly redesignated § 11.482—
■ a. Revise paragraph (a) to read as set
out below;
■ b. In paragraph (c), remove the words
‘‘An assistance towing endorsement on
a license as master, mate, or operator
authorizes the holder’’ and replace them
with ‘‘The holder of a license or MMC
for master, mate, or operator endorsed
for assistance towing is authorized’’;
and after the words ‘‘scope of the
license’’, add the words ‘‘or MMC’’; and
■ c. In paragraph (d), after the words
‘‘same as the license’’, add the words
Frm 00054
Fmt 4701
§ 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.
*
*
*
*
*
§ 11.491
[Amended]
169. In newly redesignated § 11.491—
a. In the section heading, remove the
word ‘‘Licenses’’ and add, in its place,
the word ‘‘Officer endorsements’’; and
■ b. In the text, before the words ‘‘for
service on’’, remove the word ‘‘license’’
and add, in its place, the words ‘‘officer
endorsement’’; and after the words
‘‘restrictions placed on the license’’, add
the words ‘‘or MMC’’.
■
■
§ 11.493
[Amended]
170. In newly redesignated
§ 11.493(a), remove the words ‘‘a
license’’ and add, in their place, the
words ‘‘an endorsement’’.
■
■
■
PO 00000
‘‘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’’.
Sfmt 4700
§ 11.495
[Amended]
171. In newly redesignated
§ 11.495(a), remove the words ‘‘a
license’’ and add, in their place, the
words ‘‘an endorsement’’.
■
§ 11.497
[Amended]
172. In newly redesignated
§ 11.497(a), remove the words ‘‘a
license’’ and add, in their place, the
words ‘‘an endorsement’’.
■
Subpart E—Professional Requirements
for Engineer Officer
173. Revise the heading for subpart E
as set forth above.
■
§ 11.501
[Amended]
174. In newly redesignated § 11.501—
■ a. In the section heading, remove the
word ‘‘licenses’’ and add, in its place,
the word ‘‘endorsements’’;
■ b. In paragraph (a) introductory text,
remove the word ‘‘Licenses’’ and add, in
its place, the words ‘‘Engineer
endorsements’’;
■
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c. In paragraph (b) introductory text,
remove the word ‘‘licenses’’ and add, in
its place, the word ‘‘endorsements’’;
■ d. In paragraph (c) introductory text,
after the words ‘‘Engineer licenses’’ add
the words ‘‘or MMC endorsements’’;
■ 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
■ 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’’.
■
§ 11.502
[Amended]
175. In newly redesignated § 11.502—
a. In the section heading, remove the
word ‘‘licenses’’ and add, in its place,
the word ‘‘endorsements’’;
■ b. In paragraph (a), after the words
‘‘engineer licenses’’ add the words ‘‘or
MMC endorsements’’;
■ c. In paragraph (b) introductory text,
remove the words ‘‘a licensed applicant
desires to obtain an endorsement on an
engineer license in the other propulsion
mode (steam or motor)’’ and add, in
their place, the words ‘‘an applicant
desires to add a propulsion mode to his
or her endorsement’’; and after the
words ‘‘holding a license’’, add the
words ‘‘or MMC endorsement’’;
■ d. In paragraph (b)(1), remove the
words ‘‘licensed capacity’’ and add, in
their place, the words ‘‘capacity as their
endorsement’’;
■ e. In paragraph (b)(2), remove the
words ‘‘a licensed officer at a lower
license level’’ and add, in their place,
the words ‘‘an engineer officer at a
lower level’’; and
■ f. In paragraph (c), after the words ‘‘of
an engineer license’’, add the words ‘‘or
MMC endorsement’’; and remove the
citation ‘‘§ 10.205(g)’’ and add, in its
place, the citation ‘‘§ 11.205(d)’’.
■
■
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176. Revise newly redesignated
§ 11.503 to read as follows—
■
§ 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
§ 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
PO 00000
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11249
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.
§ 11.504
[Amended]
177. In newly redesignated § 11.504—
a. In the section heading, remove the
word ‘‘licenses’’ and add, in its place,
the word ‘‘endorsements’’; and
■ b. In the text, remove the words ‘‘a
license’’ and add, in their place, the
words ‘‘an endorsement’’.
■
■
178. In newly redesignated § 11.505—
a. Revise the section heading as set
forth below;
■ b. In the text, remove the word
‘‘license’’ and add, in its place, the word
‘‘endorsement’’; and
■ c. Redesignate Figure 10.505 as Figure
11.505 and revise it to read as follows:
■
■
§ 11.505
*
*
Engineer officer structure.
*
*
BILLING CODE 4910–15–P
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BILLING CODE 4910–15–C
§ 11.510
■
185. Revise newly redesignated
§ 11.522 to read as follows:
[Amended]
179. In newly redesignated § 11.510—
a. In the introductory text, remove the
word, ‘‘license’’, and add, in its place,
the word ‘‘endorsement’’; and
■ b. In paragraph (b), after the words,
‘‘holding a license’’, add the words, ‘‘or
MMC endorsement’’.
■
■
§ 11.512
[Amended]
180. In newly redesignated § 11.512—
a. After the words, ‘‘qualify an
applicant for’’, remove the word
‘‘license’’, and add, in its place, the
word ‘‘endorsement’’; and
■ b. After the words ‘‘holding a license’’,
add the words, ‘‘or MMC endorsement’’.
■
■
§ 11.514
[Amended]
181. In newly redesignated § 11.514—
a. In the introductory text, after the
words, ‘‘qualify an applicant for’’,
remove the word, ‘‘license’’, and add, in
its place, the word, ‘‘endorsement’’; and
■ b. In paragraph (a) and paragraph (b)
introductory text, after the words,
‘‘holding a license’’, add the words, ‘‘or
MMC endorsement’’.
■
■
§ 11.516
[Amended]
182. In newly redesignated § 11.516,
in paragraph (a) introductory text, after
the words, ‘‘an applicant for’’, remove
the word ‘‘license’’, and add, in its
place, the word, ‘‘endorsement’’.
■ 183. Revise newly redesignated
§ 11.518 to read as follows:
■
§ 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.
■ 184. Revise newly redesignated
§ 11.520 to read as follows:
§ 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.
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■
§ 11.522 Service requirements for
assistant engineer (limited oceans) of
steam and/or motor vessels.
§ 11.540 Endorsements for engineers of
mobile offshore drilling units.
The minimum service required to
qualify an applicant for endorsement as
assistant engineer (limited oceans) of
steam and/or motor vessels is three
years of service in the engineroom of
vessels. Eighteen months of this service
must have been as a QMED or
equivalent supervisory position.
■ 186. In newly redesignated § 11.524,
revise paragraphs (a) and (b)
introductory text to read as follows:
§ 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
§ 11.501 of this part.
(b) The service requirements for
endorsements as DDE are:
*
*
*
*
*
■ 187. Revise newly redesignated
§ 11.530 to read as follows:
§ 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 § 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.
PO 00000
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188. Revise newly redesignated
§ 11.540 to read as follows:
Endorsements as chief engineer
(MODU) or assistant engineer (MODU)
authorize service on certain selfpropelled or non-self-propelled units of
any horsepower where authorized by
the vessel’s certificate of inspection.
§ 11.542
[Amended]
189. In newly redesignated § 11.542—
a. In the section heading, remove the
words ‘‘License for’’ and add, in their
place, the words ‘‘Endorsement as’’;
■ b. In the introductory text and
paragraph (c), remove the words ‘‘a
license’’ wherever they appear and add,
in their place, the words ‘‘an
endorsement’’; and
■ c. In paragraph (b), remove the
citation, ‘‘10.205(g)’’, and add, in its
place, the citation, ‘‘11.205(d)’’.
■
■
§ 11.544
[Amended]
190. In newly redesignated § 11.544—
■ a. In the section heading, remove the
words, ‘‘License for’’, and add, in their
place, the words, ‘‘Endorsement as’’;
■ b. In the introductory text and
paragraph (c), remove the words, ‘‘a
license’’, wherever they appear, and
add, in their place, the words, ‘‘an
endorsement’’;
■ c. In paragraph (a)(3), remove the
words, ‘‘Commanding Officer,’’, and
add, in their place, the word, ‘‘The’’;
and
■ d. In paragraph (b), remove the
citation ‘‘10.205(g)’’, and add, in its
place, the citation, ‘‘11.205(d)’’.
■ 191. Revise newly redesignated
§ 11.551 to read as follows:
■
§ 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.
§ 11.553
[Amended]
192. In newly redesignated
§ 11.553(a), remove the words, ‘‘a
license’’, and add, in their place, the
words, ‘‘an endorsement’’.
■
§ 11.555
[Amended]
193. In newly redesignated
§ 11.555(a), remove the words, ‘‘a
license’’, and add, in their place, the
words, ‘‘an endorsement’’.
■
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Subpart F—Credentialing of Radio
Officers
194. Revise the heading for subpart F
to read as set forth above.
■ 195. In newly redesignated § 11.601,
revise paragraphs (a)–(c) to read as
follows:
■
§ 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, https://www.imo.org.
■ 196. Revise newly redesignated
§ 11.603 to read as follows:
§ 11.603 Requirements for radio officers’
endorsements and STCW endorsements for
GMDSS radio operators.
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 § 15.812 of this
subchapter. Therefore, first-class pilot
endorsements will not be issued with
tonnage limitations of 1,600 gross tons
or less.
■ 199. In newly redesignated § 11.703—
■ a. Revise paragraphs (a) introductory
text and (c), to read as set out below;
and
■ b. In paragraph (d), after the words,
‘‘holding a license’’, add the words, ‘‘or
MMC endorsement’’:
properly certified by the master and/or
pilot of the vessel, is also acceptable.
The range of round trips for an
endorsement is a minimum of 12 round
trips and a maximum of 20 round trips.
An applicant may have additional
routes added to the first-class pilot
endorsement by meeting the
requirements in paragraph (c) of this
section.
(c) An applicant who currently holds
a deck officer license or MMC
endorsement seeking an endorsement as
first-class pilot for a particular route
shall furnish evidence of having
completed the number of round trips
over the route, specified by the OCMI,
within the range limitations of this
paragraph, for the particular grade of
existing license or MMC endorsement
held. The range of round trips for an
endorsement is a minimum of eight
round trips and a maximum of 15 round
trips.
*
*
*
*
*
■ 201. Revise newly redesignated
§ 11.707 to read as follows:
§ 11.703
§ 11.707
Service requirements.
(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 § 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.
(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 § 11.304 of this part.
Additionally, round trips made during
this training may apply toward the route
familiarization requirements of § 11.705
of this part. An individual using
substituted service must have at least
nine months of shipboard service.
*
*
*
*
*
■ 200. In newly redesignated § 11.705,
revise paragraphs (b) and (c) to read as
follows:
Subpart G—Professional
Requirements for Pilots
*
197. Revise the heading for subpart G
to read as set forth above.
■ 198. Revise newly redesignated
§ 11.701 to read as follows:
■
§ 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
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§ 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,
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Examination requirements.
(a) An applicant for an endorsement
as first-class pilot, except as noted in
paragraph (b) of this section, is required
to pass the examination described in
subpart I of this part.
(b) An applicant for an extension of
route, or an applicant holding a license
or MMC endorsement as master or mate
authorized to serve on vessels of over
1,600 gross tons seeking an endorsement
as first-class pilot, is required to pass
those portions of the examination
described in subpart I of this part that
concern the specific route for which
endorsement is sought.
■ 202. In newly redesignated § 11.709,
revise paragraphs (b), (c), (d), and (e) to
read as follows:
§ 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
§ 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.
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(e) A first class pilot must provide the
Coast Guard with a copy of his or her
most recent physical examination.
§ 11.711
[Amended]
203. In newly redesignated § 11.711—
a. In paragraphs (a) and (d), after the
words, ‘‘first class pilot’’, remove the
words, ‘‘license or’’; and
■ b. In paragraph (b), after the words
‘‘1,600 gross tons, the’’ remove the
words ‘‘license or’’, and, after the words,
‘‘contained in § ’’ remove the number
‘‘10.705’’, and add, in its place, the
number ‘‘11.705’’.
■
■
§ 11.713
[Amended]
204. In newly redesignated § 11.713—
a. In paragraphs (a) and (b), wherever
the words ‘‘license or endorsement’’
appear, add the word ‘‘MMC’’ before the
word ‘‘endorsement’’; and
■ b. In paragraph (b), in the last
sentence, after the words, ‘‘of the
renewed’’, remove the words, ‘‘license
or’’.
■
■
§ 11.803
[Removed and Reserved]
205. Remove and reserve newly
redesignated § 11.803.
■ 206. Revise newly redesignated
§ 11.805 to read as follows:
■
§ 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 § 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 § 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 § 16.220 of
this subchapter. An applicant who fails
a chemical test for dangerous drugs will
not be issued an MMC.
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207. Amend newly redesignated
§ 11.807 by adding paragraphs (a)(7) and
(8) and revising paragraphs (c) and (d)
to read as follows:
■
§ 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.
§ 11.809
[Removed and Reserved]
208. Remove and reserve newly
redesignated § 11.809.
■
Subpart I—Subjects of Examinations
and Practical Demonstrations of
Competence
209. Revise the heading for subpart I
to read as set forth above.
■ 210. In newly redesignated § 11.901—
■ 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)’’;
■ b. Revise paragraph (b) to read as set
out below; and
■ c. In paragraph (c) introductory text,
after the words, ‘‘as provided in §§ ’’,
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
■
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11253
citation, ‘‘10.102’’, and add, in its place,
the citation, ‘‘11.102’’:
§ 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.
*
*
*
*
*
§ 11.903
[Amended]
211. In newly redesignated § 11.903—
a. Redesignate ‘‘Table 10.903–1’’ as
‘‘Table 11.903(c)’’; and
■ b. Revise paragraphs (a) introductory
text, (b) introductory text, (b)(2), (b)(3),
(c) introductory text, and (d) to read as
follows:
■
■
§ 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 § 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 § 11.102) as indicated in table
11.903(c) of this section, need not
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comply with §§ 11.910 or 11.950, of this
part.
■ 212. In newly redesignated § 11.910—
■ a. Revise the section heading and
introductory text as set out below;
■ b. Redesignate table 10.910–1 as table
11.910–1, and revise the heading and
subheading to read as set out below;
■ c. Redesignate table 10.910–2 as table
11.910–2;
■ d. In the heading for newly
redesignated table 11.910–2, remove the
word ‘‘License’’ and add, in its place,
the word ‘‘Endorsement’’;
■ 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’’;
■ 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
■ g. In footnote 8 to newly redesignated
table 11.910–2, remove the word
‘‘licenses’’:
§ 11.910 Subjects for deck officer
endorsements.
Table 11.910–1 gives the codes used
in table 11.910–2 for all deck officers.
Table 11.910–2 indicates the
examination subjects for each
endorsement, by code number. Figures
in the body of the table, in place of the
letter ‘‘x’’, refer to notes.
Table 11.910–1—Codes for Deck Officer
Endorsements
Deck Officer Endorsements:
*
*
*
*
■ 213. In newly redesignated § 11.920—
■ a. Revise the section heading and
introductory text to read as set out
below;
■ b. Redesignate table 10.920–1 as table
11.920–1 and revise it to read as set out
below;
■ c. Redesignate table 10.920–2 as table
11.920–2; and
■ 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’’:
*
§ 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.
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Table 11.920–1—Codes for MODU
Endorsements
*
*
*
*
*
214. Revise the section heading and
table heading to newly redesignated
§ 11.950 to read as follows:
■
§ 11.950 Subjects for engineer
endorsements.
Table 11.950—Subjects for Engineer
Endorsements
*
*
*
*
*
215. Revise newly redesignated
§ 11.1005 to read as follows:
■
§ 11.1005
officers.
General requirements for
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 § 11.102) and shall
hold documentary evidence to show his
or her meeting these requirements.
■ 216. Revise newly redesignated
§ 11.1105 section heading, introductory
text, and paragraph (a) to read as
follows:
§ 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
§ 11.102); and
*
*
*
*
*
PART 12—REQUIREMENTS FOR
RATING ENDORSEMENTS
§ 12.01–3
217. The authority citation for part 12
is revised to read as follows:
§ 12.01–6
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.
§ 12.01–7
■
218. Revise the heading for part 12 to
read as set forth above.
■
§ 12.01–1
219. In § 12.01–1—
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 § 12.01–
3)’’; and
■ b. Remove paragraphs (a)(3) and (c).
■ 220. Revise § 12.01–3 to read as
follows:
■
■
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■
■
Sfmt 4700
■
[Removed and Reserved]
223. Remove and reserve § 12.01–11.
[Removed and Reserved]
224. Remove and reserve § 12.02–3.
§ 12.02–4
■
[Removed and Reserved]
222. Remove and reserve § 12.01–7.
§ 12.01–11
■
[Removed and Reserved]
221. Remove and reserve § 12.01–6.
§ 12.02–3
[Amended]
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 https://
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, https://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 §§ 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
§§ 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.
[Removed and Reserved]
225. Remove and reserve § 12.02–4.
§ 12.02–5
[Removed and Reserved]
226. Remove and reserve § 12.02–5.
■ 227. In § 12.02–7, revise paragraphs
(a) through (e) and (f) introductory text
to read as follows:
■
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§ 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 § 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
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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:
*
*
*
*
*
§ 12.02–9
■
[Removed and Reserved]
228. Remove and reserve § 12.02–9.
§ 12.02–10
[Removed and Reserved]
229. Remove and reserve § 12.02–10.
230. Revise § 12.02–11 to read as
follows:
■
■
§ 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:
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11255
(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
§ 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 § 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
§ 12.01–3).
§ 12.02–12
■
§ 12.02–13
■
[Removed and Reserved]
232. Remove and reserve § 12.02–13.
§ 12.02–14
■
[Removed and Reserved]
231. Remove and reserve § 12.02–12.
[Removed and Reserved]
233. Remove and reserve § 12.02–14.
§ 12.02–15
[Removed and Reserved]
234. Remove and reserve § 12.02–15.
■ 235. Revise § 12.02–17 to read as
follows—
■
§ 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.
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§§ 12.02–18 through 12.02–27
and Reserved]
[Removed
236. Remove and reserve §§ 12.02–18
through 12.02–27.
■ 237. In § 12.03–1 revise paragraphs (a)
introductory text, (a)(3)(iii), (a)(4), (b),
(c) introductory text, and (c)(2) to read
as follows:
■
§ 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 § 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
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Jkt 217001
National Maritime Center (NMC) or
bring the training into compliance; and
*
*
*
*
*
§ 12.05–1
[Amended]
238. In § 12.05–1—
a. In paragraph (a), remove the words,
‘‘employed in a rating’’, and add, in
their place, the words, ‘‘serving under
the authority of a rating endorsement’’;
and remove the words, ‘‘a merchant
mariner’s document’’, and add, in their
place, the words, ‘‘an MMC or MMD
endorsement’’; and
■ b. In paragraph (b), remove the word,
‘‘certificate’’ and add, in its place, the
words, ‘‘MMD or MMC endorsed’’.
■ 239. In § 12.05–3—
■ a. In paragraph (a) introductory text,
remove the word, ‘‘certification’’, and
add, in its place, the words, ‘‘an
endorsement’’;
■ b. In paragraph (a)(2), remove the
word, ‘‘examination’’ and add, in its
place, the words, ‘‘and medical
examination in § 10.215 of this
subchapter’’;
■ c. In paragraph (b) introductory text,
remove the words, ‘‘valid for any period
on or after February 1, 2002,’’; and
■ d. Revise paragraph (c) to read as
follows:
■
■
§ 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 § 12.01–
3).
§ 12.05–5
■
[Removed and Reserved]
240. Remove and reserve § 12.05–5.
§ 12.05–7
[Amended]
241. In § 12.05–7—
a. In paragraph (a) introductory text,
after the words, ‘‘categories of’’, remove
the words, ‘‘able seaman is as’’, and add,
in their place, the words, ‘‘endorsement
as able seamen are’’;
■ b. In paragraph (b) introductory text,
after the words, ‘‘approved by’’, remove
the words ‘‘Commanding Officer,’’; and
■ c. Remove paragraphs (c), (d), and (e).
■ 242. In § 12.05–9—
■ a. In paragraph (a) introductory text,
remove the word, ‘‘certified’’, and add,
in its place, the words, ‘‘issued an
endorsement’’; and
■ b. Revise paragraph (e) to read as
follows:
■
■
(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 § 10.215 of
this chapter.
■ 243. In § 12.05–11, revise paragraphs
(a) and (b) to read as follows:
§ 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
§ 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.
*
*
*
*
*
■ 244. Revise § 12.10–1 to read as
follows:
§ 12.10–1
§ 12.05–9 Examination and demonstration
of ability.
§ 12.10–3
*
■
PO 00000
*
*
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*
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*
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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.
[Amended]
245. In § 12.10–3—
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a. In paragraph (a) introductory text,
remove the word, ‘‘certification’’, and
add, in its place, the words, ‘‘an
endorsement’’;
■ b. In paragraphs (a)(2), (a)(5), and
(a)(6) after the words, ‘‘by the’’, remove
the words, ‘‘Commanding Officer,’’;
■ c. In paragraph (a)(5), after the words,
‘‘National Maritime Center,’’, remove
the word, ‘‘and’’, and add, in its place,
the word, ‘‘or’’;
■ d. In paragraph (b), remove the word,
‘‘certification’’, and add, in its place, the
words, ‘‘an endorsement’’; and
■ e. In paragraph (c), remove the word,
‘‘certified’’, and add, in its place, the
words, ‘‘eligible for an endorsement’’.
■
§ 12.10–5
[Amended]
246. In § 12.10–5—
a. In paragraph (a) introductory text,
remove the word, ‘‘certified’’, and add,
in its place, the words, ‘‘issued an
endorsement’’; and
■ b. In paragraph (d), remove the words,
‘‘After July 31, 1998, each’’, and add, in
their place, the word, ‘‘Each’’; and
remove the words, ‘‘certificate endorsed
for’’, and add, in their place, the words,
‘‘endorsement with an STCW
endorsement for’’.
■ 247. Revise § 12.10–7 to read as
follows:
■
■
§ 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 § 12.01–
3).
■ 248. In § 12.10–9, revise the heading,
paragraphs (a), (b) introductory text, and
(b)(2) to read as follows:
§ 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 AVI/2 of the STCW Code (incorporated by
reference in § 12.01–3).
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§ 12.13–3
[Amended]
249. In § 12.13–3, remove the words,
‘‘license or document’’ and add, in their
place, the word, ‘‘MMC’’.
■ 250. Revise § 12.15–1 to read as
follows:
■
§ 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.
■ 251. In § 12.15–3 revise paragraphs (a)
through (c), (d) introductory text, and (e)
to read as follows:
§ 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 AIII/4 of the STCW Code (incorporated by
reference, see § 12.01–3), if the
PO 00000
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11257
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.
■ 252. Revise § 12.15–5 to read as
follows:
§ 12.15–5 Physical and medical
requirements.
The physical and medical
requirements for an endorsement as
QMED are found in § 10.215 of this
chapter.
§ 12.15–7
[Amended]
253. In § 12.15–7—
a. In paragraph (a), after the words,
‘‘applicant for’’, remove the words, ‘‘a
certificate of service’’, and add, in their
place, the words, ‘‘an endorsement’’;
■ b. In paragraph (b)(1), after the words,
‘‘graduate of a school ship may’’,
remove the words, ‘‘be rated’’, and add,
in their place, the words, ‘‘qualify for a
rating endorsement’’; and
■ c. In paragraph (c), in the first
sentence, after the words, ‘‘qualified
rating’’, add the words, ‘‘in the engine
department’’.
■
■
§ 12.15–9
[Amended]
254. In § 12.15–9—
a. In paragraph (a), remove the word,
‘‘certification’’ and add, in its place, the
word, ‘‘endorsement’’; and
■ b. In paragraphs (c) and (d), remove
the word ‘‘certification’’ wherever it
appears and add, in its place, the words,
‘‘an endorsement’’.
■ 255. Revise § 12.15–11 heading and
introductory text to read as follows:
■
■
§ 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:
*
*
*
*
*
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§ 12.15–13
[Amended]
256. In § 12.15–13—
a. In paragraph (a) introductory text,
remove the words, ‘‘a certificate’’, and
add, in their place, the words ‘‘an
endorsement’’; and remove the words,
‘‘a merchant mariner’s document’’, and
add, in their place, the words, ‘‘an MMC
or MMD’’;
■ b. In paragraph (b), remove the words,
‘‘merchant mariner’s document’’ and
add, in their place, the word ‘‘MMC’’;
and
■ c. In paragraph (c), remove the words,
‘‘a merchant mariner’s document’’, and
add, in their place, the words, ‘‘an MMC
or MMD’’; remove the word
‘‘unlicensed’’; and after the words,
‘‘entered on his’’, remove the word
‘‘document’’, and add, in its place, the
words, ‘‘or her credential’’.
■ 257. In § 12.15–15, revise paragraphs
(a) introductory text, (b), and (c) to read
as follows:
■
■
§ 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.
§ 12.25–1
[Amended]
258. In § 12.25–1—
a. In the section heading, remove the
word, ‘‘Certification’’, and add, in its
place, the word, ‘‘Credentials’’; and
■ b. In the text, remove the word
‘‘certificated’’; remove the words, ‘‘a
merchant mariner’s document’’, and
add, in their place, the words, ‘‘an MMC
or MMD with the appropriate
endorsement’’.
■ 259. Revise § 12.25–10 to read as
follows:
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
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§ 12.25–20 Physical and medical
requirements.
The physical and medical
requirements for this subpart are found
in part 10 of this chapter.
■ 261. Revise § 12.15–25 to read as
follows:
§ 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.
§ 12.25–30
262. In § 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’’.
Jkt 217001
§ 12.25–35
[Amended]
263. In § 12.25–35—
a. In paragraph (a), remove the words,
‘‘a merchant mariner’s document’’, and
add, in their place, the words, ‘‘an
endorsement’’; and
■ b. In paragraph (b), remove the words,
‘‘merchant mariner’s documents with’’.
■
■
§ 12.25–40
[Amended]
264. In § 12.25–40 text, remove the
words, ‘‘a merchant mariner’s
document’’, and add, in their place, the
words, ‘‘an endorsement’’.
■
PO 00000
§ 12.25–45
[Amended]
265. In § 12.25–45, remove the words,
‘‘certificate or’’.
■
§ 12.30–1
[Amended]
266. In § 12.30–1, remove the words,
‘‘certification of’’, and add, in their
place, the words, ‘‘endorsements for’’.
■
§ 12.30–3
■
[Removed and Reserved]
267. Remove and reserve § 12.30–3.
§ 12.30–5
[Amended]
268. In § 12.30–5, remove the words,
‘‘after January 31, 1997,’’; and remove
the word, ‘‘MMD’’, and add, in its place,
the word, ‘‘endorsement’’.
■
§ 12.35–1
[Amended]
269. In § 12.35–1, remove the word
‘‘certification’’ and add, in its place, the
word ‘‘qualification’’; remove the
citation, ‘‘§ 12.35–3’’, and add, in its
place, the words ‘‘part 10 of this
chapter’’.
■
§ 12.35–3
■
[Removed and Reserved]
270. Remove and reserve § 12.35–3.
§ 12.35–5
[Amended]
271. In § 12.35–5—
■ a. In the introductory text, remove the
words, ‘‘If you are an unlicensed person,
then, before you’’, and add, in their
place, the words, ‘‘A mariner with no
endorsements,’’; and remove the words,
‘‘you must’’, and add, in their place, the
words, ‘‘only after meeting the following
conditions’’; and
■ b. In paragraph (b), remove the words,
‘‘you do meet’’, and add, in their place,
the words, ‘‘the mariner meets’’.
■
Subpart 12.40—Non-resident Alien
Members of the Steward’s Department
on U.S.-Flag Large Passenger Vessels
[Amended]
■
■
■
§ 12.25–10
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 § 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.).
■ 260. Revise § 12.25–20 to read as
follows:
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272. Revise the heading for the
subpart 12.40 to read as set forth above.
■
§ 12.40–1
[Amended]
273. In § 12.40–1, remove the words,
‘‘merchant mariner’s documents’’, and
add, in their place, the words,
‘‘merchant mariner credentials’’.
■
§ 12.40–3
■
[Removed and Reserved]
274. Remove and reserve § 12.40–3.
§ 12.40–5
[Amended]
275. In § 12.40–5—
a. In paragraph (a), remove the words,
‘‘merchant mariner’s documents’’, and
add, in their place, the words,
‘‘merchant mariner credentials’’; and
■ b. In paragraph (b) remove the words,
‘‘merchant mariner’s document’’, and
add, in their place, the words,
‘‘merchant mariner credential’’.
■
■
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§ 12.40–7
[Amended]
§ 13.103
276. In § 12.40–7, remove the words,
‘‘merchant mariner’s document’’,
wherever they occur, and add, in their
place, the words, ‘‘merchant mariner
credential’’.
■
§ 12.40–9
[Amended]
277. In § 12.40–9—
a. Remove the words, ‘‘merchant
mariner’s document’’, wherever they
occur, and add, in their place, the
words, ‘‘merchant mariner credential’’;
and
■ b. After the words, ‘‘denial established
in’’, remove the words, ‘‘§ 12.02–4 of
this part’’, and add, in their place, the
words, ‘‘§§ 10.209, 10.211, and 10.213 of
this subchapter’’.
■
■
§ 12.40–11
[Amended]
278. In § 12.40–11—
a. In paragraph (a), remove the words,
‘‘§§ 12.02–10, 12.02–12 and 12.02–14 of
this part’’, and add, in their place, the
words, ‘‘§ 10.221 of this subchapter’’;
remove the words, ‘‘merchant mariner’s
document’’, and add, in their place, the
words, ‘‘merchant mariner credential’’;
and
■ b. In paragraph (c) remove the words,
‘‘merchant mariner’s document’’, and
add, in their place, the words,
‘‘merchant mariner credential’’.
■
■
§ 12.40–13
[Amended]
279. In § 12.40–13—
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
■ b. In paragraph (c)(2), remove the
words, ‘‘§§ 12.02–10, 12.02–12 and
12.02–14 of this part’’, and add, in their
place, the words, ‘‘§ 10.221 of this
subchapter’’.
■
■
§ 12.40–15
[Amended]
280. In § 12.40–15—
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
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.
§ 13.101
[Amended]
282. In § 13.101, remove the words,
‘‘to a merchant mariner’s document’’,
and add, in their place, the words, ‘‘on
a merchant mariner credential’’.
■
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11259
words, ‘‘merchant mariner’s document
or merchant mariner credential on
which the endorsement appears’’.
283. Remove and reserve § 13.103.
■ 284. Add new § 13.106 to read as
follows:
§ 13.120
§ 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.
§ 13.107
[Amended]
285. In § 13.107—
a. In paragraphs (a), (b), (c), (d), (e),
and (f), remove the word, ‘‘MMD’’,
wherever it appears, and add, in its
place, the word, ‘‘MMC’’;
■ b. In paragraph (a), remove the words,
‘‘engineer’s license’’, and add, in its
place, the words, ‘‘engineer license or
engineer endorsement’’;
■ c. In paragraph (d), place quotation
marks (‘‘’’) before and after the words,
‘‘Tankerman-Engineer’’; after the words
‘‘No person licensed’’, add the words,
‘‘or credentialed’’; and remove the
citation, ‘‘part 10’’, and add, in its place,
the citation ‘‘part 11’’;
■ d. In paragraph (e), remove the
citation, ‘‘13.103’’ and add, in its place,
the citation, ‘‘10.107’’; and
■ 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’’.
■
■
[Amended]
289. In § 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’’.
§ 13.121
[Amended]
290. In § 13.121—
a. In the section heading, remove the
word, ‘‘training’’, and after the word,
‘‘tankerman’’, add the word,
‘‘endorsements’’; and
■ b. In paragraph (a), remove the text,
‘‘10.203 and 10.304’’, and add, in its
place, the text, ‘‘11.302 and 11.304’’.
■
■
§ 13.125
[Amended]
291. In § 13.125—
a. In the section heading, after the
word, ‘‘Physical’’, add the words, ‘‘and
medical’’.
■ b. In the text, remove the words,
‘‘10.205(d) of this chapter, excluding
paragraph (d)(2) of that section’’, and
add, in their place, the words, ‘‘10.215
of this chapter’’.
■
■
§ 13.129
[Amended]
286. In § 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’’.
292. In § 13.129—
a. In the section heading, after the
word, ‘‘tankerman’’, add the word,
‘‘endorsements’’.
■ b. In table 13.129, in the column,
‘‘Physical required’’, remove the
numbers ‘‘13.125’’, ‘‘13.111(b)’’,
‘‘13.111(c)’’, and ‘‘13.111(d)(3)’’
wherever they appear and add, in their
place, the number ‘‘10.215’’.
§ 13.111
§ 13.201
§ 13.109
[Amended]
■
[Amended]
287. In § 13.111—
a. In the section heading, after the
word, ‘‘Restricted’’, add the word,
‘‘tankerman’’;
■ b. In paragraph (a), remove the
citation, ‘‘46 CFR 10.105’’, and add, in
their place, the words, ‘‘§ 10.217 of this
chapter’’;
■ c. In paragraph (d)(3), after the words,
‘‘passing a physical’’, add the words,
‘‘and medical’’; remove the words ‘‘in
accordance with § 13.125’’, and add, in
their place, the words, ‘‘according to
§ 10.215 of this chapter’’; and
■ d. In paragraph (f), after the words
‘‘Seafarers, 1978’’, add the words ‘‘, as
amended’’.
■
■
§ 13.119
[Amended]
288. In § 13.119, remove the word,
‘‘MMD’’, and add, in its place, the
■
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■
■
[Amended]
293. In paragraph (c), after the word,
‘‘physical’’, add the words, ‘‘and
medical’’; and remove the words, ‘‘in
accordance with § 13.125’’, and add, in
their place, the words, ‘‘according to
§ 10.215 of this chapter’’.
■
§ 13.203
[Amended]
294. In § 13.203—
a. In paragraph (a)(1), after the words,
‘‘service as a’’, remove the word,
‘‘licensed’’; after the words, ‘‘deck
officer or’’, remove the words, ‘‘a
licensed’’; and before the word,
‘‘engineering’’, add the word, ‘‘an’’;
■ b. In paragraph (a)(2), remove the
word, ‘‘unlicensed’’, and add, in its
place, the word, ‘‘rating’’; and
■ c. In paragraph (c) introductory text,
after the word, ‘‘MMD’’, add the words
‘‘or MMC’’.
■
■
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§ 13.207
Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations
[Amended]
§ 13.505
295. In § 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’’.
§ 13.301
[Amended]
■
■
■
[Amended]
296. In § 13.301(c), after the word,
‘‘physical’’, add the words, ‘‘and
medical’’; and remove the words, ‘‘in
accordance with § 13.125’’, and add, in
their place, the words, ‘‘according to
§ 10.215 of this chapter’’.
■
§ 13.303
[Amended]
304. In § 13.505(a)(2), remove the
words, ‘‘licensed and unlicensed’’, and
add, in their place, the words, ‘‘officer,
rating, and cadet’’.
§ 13.507
[Amended]
305. In § 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
■
§ 13.307
Authority: 5 U.S.C. 552; 46 U.S.C. Chapters
103 and 104; 46 U.S.C. 70105.
[Amended]
298. In § 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’’.
■
§ 13.401
[Amended]
299. In § 13.401(c), after the word,
‘‘physical’’, add the words, ‘‘and
medical’’; and remove the words, ‘‘in
accordance with § 13.125’’, and add, in
their place, the words, ‘‘according to
§ 10.215 of this chapter’’.
■
§ 13.403
[Amended]
300. In § 13.403(b) introductory text,
after the word, ‘‘MMD’’, add the words,
‘‘or MMC’’.
■
§ 13.407
[Amended]
[Amended]
302. In § 13.501(c), after the word,
‘‘physical’’, add the words, ‘‘and
medical’’; remove the words, ‘‘in
accordance with § 13.125’’, and add, in
their place, the words, ‘‘according to
§ 10.215 of this chapter’’.
■
§ 13.503
[Amended]
303. In § 13.503—
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’’;
■ b. In paragraph (a)(2), remove the
word, ‘‘unlicensed’’, and add, in its
place, the word, ‘‘rating’’; and
■ c. In paragraph (b), after the word,
‘‘MMD’’, add the words, ‘‘or MMC’’.
■
■
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[Amended]
307. In § 14.205, after the words,
‘‘every document, certificate,’’ add the
word, ‘‘credential,’’.
■
§ 14.207
[Amended]
308. In § 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,’’.
■
§ 14.307
[Amended]
309. In § 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
301. In § 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’’.
■
§ 13.501
306. The authority citation for part 14
is revised to read as follows:
§ 14.205
Jkt 217001
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.
§ 15.103
[Amended]
311. In § 15.103—
a. In paragraph (b), remove the words,
‘‘of licensed individuals and members
of the crew’’, and add, in their place, the
words, ‘‘number of officers and rated
crew’’; and after the words, ‘‘minimum
qualifications concerning licenses’’, add
the words, ‘‘and MMC endorsements’’;
■ b. In paragraph (c), remove the words,
‘‘licensed individuals’’, and add, in
their place, the word, ‘‘officers’’; and
■ c. In paragraph (g), remove the words,
‘‘Licensed personnel’’, and add, in their
place, the word, ‘‘Personnel’’; after the
words, ‘‘an appropriate STCW’’, remove
the words ‘‘certificate or endorsement’’,
■
■
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Subpart B—[Removed and Reserved]
312. Remove and reserve subpart B,
consisting of § 15.301.
■ 313. Revise § 15.401 to read as
follows:
■
§ 15.401 Employment and service within
restrictions of credential.
297. In § 13.303(c) introductory text,
after the word, ‘‘MMD’’, add the words,
‘‘or MMC’’.
■
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’’.
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.
§ 15.405
[Amended]
314. In § 15.405, remove the words,
‘‘licensed, registered, or certificated’’,
and add, in their place, the word,
‘‘credentialed’’.
■
§ 15.410
[Amended]
315. In § 15.410—
a. In the section heading, remove the
word, ‘‘Licensed’’ and add, in its place,
the word, ‘‘Credentialed’’; and
■ b. In the text, remove the words, ‘‘a
licensed individual authorized’’, and
add, in their place, the words, ‘‘an
individual holding a license or MMC
authorizing them’’.
■
■
§ 15.415
■
[Removed and Reserved]
316. Remove and reserve § 15.415.
§ 15.515
[Amended]
317. In § 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’’.
■ 318. In § 15.520, revise paragraphs (b)
through (i) and (l) to read as follows:
■
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§ 15.520
Mobile offshore drilling units.
*
§ 15.530
*
*
*
*
(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-selfpropelled 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.
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[Amended]
319. In § 15.530—
a. Remove paragraph (a) and
redesignate paragraphs (b) through (g) as
paragraphs (a) through (f), respectively;
■ 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
■ b. In newly redesignated paragraph
(c), remove the words, ‘‘unlicensed
seamen’’, and add, in their place, the
word, ‘‘ratings’’.
■
■
§ 15.605
[Amended]
320. In § 15.605—
a. In the section heading, remove the
word, ‘‘Licensed’’, and add, in its place,
the word, ‘‘Credentialed’’;
■ b. In the introductory text, remove the
word, ‘‘licensed’’, and add, in its place,
the word, ‘‘credentialed’’;
■ c. In paragraph (a), remove the words,
‘‘, carrying not more than six
passengers,’’; 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
■ d. In paragraph (b), remove the word,
‘‘licensed’’, and add, in its place, the
word, ‘‘credentialed’’.
■
■
§ 15.610
[Amended]
321. In § 15.610—
a. In paragraph (a), after the words,
‘‘and control of a person’’, remove the
word, ‘‘licensed’’, and add, in its place,
the words, ‘‘holding a license or MMC
officer endorsement’’; and after the
words, ‘‘endorsement on his or her
license’’, add the words, ‘‘or MMC’’;
■ b. Remove paragraph (b);
■ c. Redesignate paragraph (c) as
paragraph (b); and
■ d. In newly redesignated paragraph (b)
introductory text, remove the words,
‘‘who holds a first-class pilot’s license
or endorsement for that route, or’’, and
add, in their place, the words, ‘‘meeting
the requirements of paragraph (a) of this
section who holds either a first-class
pilot’s endorsement for that route, MMC
officer endorsement for the Western
Rivers, or meets the requirements of
paragraph (a) and’’; and remove the
words, ‘‘paragraph (c)(1) or paragraph
(c)(2)’’, and add, in their place, the
words, ‘‘paragraphs (b)(1) or (b)(2)’’.
■
■
§ 15.701
[Amended]
322. In § 15.701—
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,
■
■
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11261
in their place, the words, ‘‘parts 10 and
11’’; and
■ 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’’.
§ 15.705
[Amended]
323. In § 15.705—
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’’;
■ b. In paragraph (c) introductory text,
remove the words, ‘‘licensed
individuals’’, and add, in their place,
the word, ‘‘officers’’; and
■ c. In paragraphs (d), (e)(1)
introductory text, and (e)(2), remove the
word ‘‘licensed’’ wherever it appears.
■
■
§ 15.710
[Amended]
324. In § 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’’.
■ 324. In § 15.720, revise paragraphs (a),
(b) introductory text, and (d) to read as
follows:
■
§ 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 nonU.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.
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credential required for the position and
that the person possesses or will possess
the training required to communicate to
the extent required by § 15.730 of this
part.
325. In § 15.725, in the first sentence,
remove the words, ‘‘licensed or
documented’’, and add, in their place,
the word, ‘‘credentialed’’.
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
■ c. Revise paragraphs (b), (c), (f)(1)
introductory text, (f)(1)(i), and (f)(2)
introductory text to read as follows:
§ 15.730
§ 15.812
§ 15.725
[Amended]
■
[Amended]
326. In § 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’’.
■
§ 15.805
[Amended]
327. In § 15.805—
a. In paragraph (a) introductory text,
after the words, ‘‘license as’’, add the
words, ‘‘or a valid MMC with
endorsement as master’’;
■ b. In paragraph (a)(5) introductory
text, remove the word, ‘‘licensed’’, and
add, in its place, the words, ‘‘holding a
license or MMC endorsed’’; and
■ c. In paragraph (a)(5)(ii), remove the
word, ‘‘endorsed’’ and add, in its place,
the words, ‘‘or MMC with officer
endorsement’’.
■
■
§ 15.810
[Amended]
328. In § 15.810—
a. In paragraph (a), remove the word
‘‘licensed’’;
■ b. In paragraph (b) introductory text,
remove the word, ‘‘licensed mates’’ and
add, in its place, the words ‘‘mariners
holding a license or MMC officer
endorsement as mate’’;
■ c. In paragraphs (b)(1) through (5),
remove the word, ‘‘licensed’’, wherever
it appears;
■ d. In paragraph (c), after the words,
‘‘appropriate license’’, add the words,
‘‘or MMC’’;
■ e. In paragraph (d) introductory text,
remove the words, ‘‘hold a license’’, and
add, in their place, the words, ‘‘satisfy
the requirements of § 15.805(a)(5) of this
part or hold a license or MMC’’;
■ f. In paragraph (d)(2) introductory
text, after the words, ‘‘officer’s license’’,
add the words, ‘‘or MMC’’; and
■ g. In paragraph (d)(2)(ii), remove the
word, ‘‘endorsed’’, and add, in its place,
the words, ‘‘or MMC with officer
endorsement’’.
■ 329. In § 15.812—
■ a. In table 15.812(e)(1), in the heading
to the second column, after the words,
‘‘First Class Pilot’s licenses’’, add the
words, ‘‘or MMC officer endorsements’’;
■
■
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■
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 § 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 § 11.713 of this
chapter;
(iii) Has a current physical
examination in accordance with the
provisions of § 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
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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 § 11.713 of this
chapter; and
(3) Has a current physical
examination in accordance with the
provisions of § 11.709 of this chapter.
*
*
*
*
*
(f) * * *
(1) When operating from 60°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°49′ north latitude
and in the approaches through
Hinchinbrook Entrance and in the area
bounded:
*
*
*
*
*
§ 15.815
[Amended]
330. In § 15.815—
a. In paragraph (a), remove the words,
‘‘licensed deck individuals’’, and add,
in their place, the words, ‘‘deck
officers’’; and
■ b. In paragraph (c), remove the words,
‘‘be licensed’’, and add, in their place,
the words, ‘‘hold a license or MMC
officer endorsement’’; and after the
words, ‘‘service as master’’, remove the
words, ‘‘, mate, or operator’’, and add,
in their place, the words ‘‘or mate’’.
■
■
§ 15.820
[Amended]
331. In § 15.820—
a. In paragraph (a) introductory text,
remove the words, ‘‘appropriate
license’’, and add, in their place, the
words, ‘‘MMC or license endorsed’’; and
after the words, ‘‘as chief engineer or’’,
remove the words, ‘‘a license’’, and add,
in their place, the words, ‘‘other
credential’’;
■ b. In paragraph (a)(3), remove the
words, ‘‘a licensed individual’’, and
add, in their place, the words, ‘‘an
individual with a license or the
■
■
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Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations
appropriate MMC officer endorsement’’;
and
■ c. In paragraph (b), remove the words,
‘‘appropriate license’’ and add, in their
place, the words, ‘‘appropriately
endorsed license or MMC’’.
§ 15.825
[Amended]
332. In § 15.825—
■ a. In paragraph (a), remove the words,
‘‘appropriate license’’ and add, in their
place, the words, ‘‘appropriately
endorsed license or MMC’’; and
■ b. In paragraph (b), remove the word,
‘‘licensed’’, and add, in its place, the
word, ‘‘credentialed’’.
■
§ 15.835
[Amended]
333. In § 15.835 text, remove the
number, ‘‘10’’, and add, in its place, the
number, ‘‘11’’.
■
§ 15.840
[Amended]
334. In § 15.840(a), remove the words,
‘‘licensed individuals’’, and add, in
their place, the words, ‘‘individuals
serving as officers’’.
■
§ 15.860
[Amended]
335. In § 15.860—
a. In paragraph (a), after the words,
‘‘merchant mariner’s documents’’, add
the words, ‘‘or MMCs’’;
■ b. In paragraph (f) introductory text,
after the words, ‘‘merchant mariner’s
documents’’, add the words, ‘‘or
MMCs’’;
■ c. In paragraph (f)(3), remove the
words, ‘‘licensed person’’, and add, in
their place, the words, ‘‘credentialed
officer’’;
■ d. In paragraph (f)(4), remove the
words, ‘‘licensed or unlicensed person’’,
and add, in their place, the words,
‘‘officer or crewmember’’; and
■ e. In table 15.860(a)(2), in the first
column, sixth row, remove the words,
‘‘Licensed Person’’, and add, in their
place, the words, ‘‘Credentialed
Officer’’; and in the first column,
seventh row, remove the words
‘‘Licensed or Unlicensed Person’’, and
add, in their place, the words,
‘‘Credentialed Officer or Crewmember’’.
■
■
§ 15.901
[Amended]
336. In § 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.
■
§ 15.905
[Amended]
337. In § 15.905 (a), (b), and (c), after
the words, ‘‘holding a license’’,
■
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15:59 Mar 13, 2009
Jkt 217001
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’’.
■ 338. Revise § 15.910 to read as
follows:
§ 15.910
Towing vessels.
No person may serve as a master or
mate (pilot) of any towing vessel
without meeting the requirements of
§§ 15.805(a)(5) or 15.810(d) of this part.
§ 15.915
Engineer Officer Endorsements.
11263
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 §§ 11.205 or 11.209 of this
chapter, whichever is appropriate.
339. In § 15.915—
a. Revise the heading to read as set
forth above.
■ 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
■ c. In paragraphs (a) introductory text,
(b), (c), and (d), after the word,
‘‘license’’, wherever it appears, add the
words, ‘‘or endorsement’’.
§ 15.1105
§ 15.1001
■
■
■
[Amended]
340. In § 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’’.
■ 341. In § 15.1103—
■ a. Revise the section heading;
■ b. In paragraph (c), remove the words,
‘‘After January 31, 2002, on’’, and add,
in their place, the word, ‘‘On’’; and
■ c. Revise paragraphs (d), (e)
introductory text, (f), and (h).
The revisions read as follows:
■
§ 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 §§ 11.1005 or 12.30–5 of
this chapter, as appropriate, if you are
a master or crewmember on board a RoRo 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, https://www.imo.org), has
been issued.
(e) You must hold documentary
evidence to show you meet the
requirements of §§ 11.1005 or 12.30–5 of
this chapter, as appropriate, if you are
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Fmt 4701
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[Amended]
342. In § 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’’.
§ 15.1107
[Amended]
343. In § 15.1107—
a. In the introductory text, after the
words, ‘‘mariner holding a license’’, add
the words, ‘‘, MMC,’’; and
■ b. In paragraph (c), remove the words,
‘‘licenses, documents, or
endorsements’’, and add, in their place,
the word, ‘‘credentials’’.
■
■
§ 15.1111
[Amended]
344. In § 15.1111, paragraph (a),
remove the words, ‘‘After January 31,
1997, each’’, and add, in their place, the
word, ‘‘Each’’.
■
PART 16—CHEMICAL TESTING
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.
346. In § 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:
■
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11264
§ 16.105
part.
Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations
Definitions of terms used in this
*
*
*
*
*
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:
*
*
*
*
*
§ 16.113
[Amended]
[Amended]
348. In § 16.201—
a. In paragraph (c), after the words, ‘‘If
an individual holding’’, remove the
words, ‘‘a license, certificate of registry,
or merchant mariner’s document’’, and
add, in their place, the words, ‘‘a
credential’’; after the words, ‘‘against his
or her’’, remove the words, ‘‘license,
certificate of registry, or merchant
mariner’s document’’, and add, in their
place, the word ‘‘credential’’; and
■ b. In paragraph (d), remove the words,
‘‘a license, certificate of registry, or
merchant mariner’s document’’, and
add, in their place, the words, ‘‘a
credential’’.
■ 349. Revise § 16.220(a) and (b) to read
as follows:
■
■
§ 16.220
Periodic testing requirements.
(a) Except as provided by paragraph
(c) of this section and § 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
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15:59 Mar 13, 2009
§ 16.230
[Amended]
350. In § 16.230—
a. In paragraph (b)(1), remove the
words, ‘‘issued by the Coast Guard hold
a license’’, and add, in their place the
words, ‘‘hold a license or MMC
endorsed as master, mate, or operator’’;
and
■ b. In paragraph (k), remove the words,
‘‘license or merchant mariner’s
document’’, and add, in their place, the
word, ‘‘credential’’.
■
347. In § 16.113(a), remove the words,
‘‘documented and licensed’’, and add,
in their place, the word, ‘‘credentialed’’.
■
§ 16.201
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.
*
*
*
*
*
Jkt 217001
■
§ 16.250
[Amended]
PART 28—REQUIREMENTS FOR
COMMERCIAL FISHING INDUSTRY
VESSELS
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.
§ 28.275
[Amended]
356. In § 28.275—
a. In paragraph (a)(2) introductory
text, remove the words, ‘‘merchant
mariner’s license’’ and add, in their
place, the words, ‘‘license or officer
endorsement’’; remove the words ‘‘64
CFR’’ and add, in their place, the text
‘‘§ ’’; and
■ b. In paragraph (a)(3) introductory
text, remove the words, ‘‘merchant
mariner’s license’’, and add, in their
place, the words, ‘‘license or officer
endorsement’’; and remove the words,
‘‘46 CFR’’ and add, in their place, the
text, ‘‘§’’.
■
■
PART 30—GENERAL PROVISIONS
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.
§ 30.10–71
[Amended]
358. In § 30.10–71 introductory text,
remove the words, ‘‘merchant mariners’
documents’’ and add, in their place, the
word, ‘‘endorsements’’.
■
■
PART 26—OPERATIONS
PART 31—INSPECTION AND
CERTIFICATION
351. In § 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’’.
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
353. Revise the heading to subpart
26.20 as set forth above.
■
§ 26.20–1
[Amended]
354. In § 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’’.
■
PO 00000
Frm 00070
Fmt 4701
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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.
§ 31.15–1
[Amended]
360. In § 31.15–1, in the section
heading, remove the words, ‘‘Licensed
officers’’ and add, in their place, the
word, ‘‘Officers’’.
■
PART 35—OPERATIONS
361. The authority citation for part 35
continues to read as follows:
■
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16MRR2
Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations
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.
§ 35.05–1
[Amended]
place, the words, ‘‘an appropriately
credentialed’’.
PART 78—OPERATIONS
370. The authority citation for part 78
continues to read as follows:
■
362. In § 35.05–1—
a. In the section heading, remove the
words, ‘‘Licensed officers’’, and add, in
their place, the word, ‘‘Officers’’; and
■ b. In the text, remove the words
‘‘licensed’’ and ‘‘certificated’’ wherever
they appear.
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.
PART 42—DOMESTIC AND FOREIGN
VOYAGES BY SEA
■
■
■
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.
364. Add new § 42.05–27 to read as
follows:
■
§ 42.05–27
[Amended]
365. In § 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
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.
§ 58.16–19
[Amended]
367. In § 58.16–19(b), remove the
word, ‘‘licensed’’, and add, in its place,
the word, ‘‘credentialed’’.
■
PART 61—PERIODIC TESTS AND
INSPECTIONS
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.
§ 61.15–10
[Amended]
369. In § 61.15–10(a), remove the
words, ‘‘a licensed’’, and add, in their
■
VerDate Nov<24>2008
15:59 Mar 13, 2009
371. In the heading to subpart 78.65,
remove the word, ‘‘License’’, and add,
in its place, the words, ‘‘Merchant
Mariner Credential’’;
■ 372. Revise § 78.65–1 to read as
follows:
§ 78.65–1
Jkt 217001
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
374. Revise the heading to subpart
97.53 to read as set forth above.
■ 375. Revise § 97.53–1 to read as
follows:
■
§ 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
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.
§ 98.30–17
[Amended]
377. In § 98.30–17—
a. In paragraph (b)(1), before the
words, ‘‘merchant mariner’s document’’,
add the words, ‘‘endorsement on his or
her merchant mariner credential or’’;
and
■
■
PO 00000
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
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.
§ 105.05–10
[Amended]
379. In § 105.05–10(c)(2), remove the
word, ‘‘licensed’’.
■
Officers.
All officers on a vessel must have
their licenses or officer endorsements
conspicuously displayed.
PART 97—OPERATIONS
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.
§ 42.07–50
Subpart 78.65—[Amended]
11265
Frm 00071
Fmt 4701
Sfmt 4700
§ 105.45–1
[Amended]
380. In § 105.45–1—
a. In paragraph (a)(1), remove the
word, ‘‘documents’’ and add, in its
place, the words, ‘‘merchant mariner
credentials or merchant mariner’s
documents’’;
■ b. In paragraph (b)(1), before the
words, ‘‘merchant mariner’s document’’,
add the words, ‘‘merchant mariner
credential or’’; and
■ c. In paragraph (b)(2), after the word,
‘‘license’’, add the words, ‘‘or merchant
mariner credential’’.
■
■
PART 114—GENERAL PROVISIONS
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; § 114.900 also issued
under 44 U.S.C. 3507.
§ 114.400
[Amended]
382. In § 114.400(b), in the definition
for, ‘‘Master’’, after the word, ‘‘license’’,
add the words, ‘‘or merchant mariner
credential’’.
■
PART 115—INSPECTION AND
CERTIFICATION
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.
§ 115.113
[Amended]
384. In § 115.113(b)(1)(iii), remove the
word, ‘‘licensed’’ and add, in its place,
the word ‘‘credentialed’’.
■
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Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations
§ 131.905
PART 122—OPERATIONS
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.
§ 122.402
[Amended]
386. In § 122.402—
a. In the section heading, remove the
word, ‘‘Licenses’’, and add, in its place,
the word ‘‘Officers’’; and
■ b. In the text, remove the words,
‘‘licensed individual’’, and add, in their
place, the word ‘‘officer’’; 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’’.
■
■
§ 122.910
[Amended]
387. In § 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
§ 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
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.
§ 151.03–53
[Amended]
395. In § 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
396. The authority citation for part
166 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.
389. In § 125.160, add, in alphabetical
order, a definition for the term
‘‘credential’’ to read as follows:
■
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.
*
*
*
*
*
Authority: 46 U.S.C. 2103, 3306, 8105; 46
U.S.C. App. 1295g; Department of Homeland
Security Delegation No. 0170.1.
§ 166.01
[Amended]
397. In § 166.01(a), before the words,
‘‘or merchant mariner’s documents’’,
add the words, ‘‘on merchant mariner
credentials’’.
■
PART 169—SAILING SCHOOL
VESSELS
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; § 169.117
also issued under the authority of 44 U.S.C.
3507.
PART 131—OPERATIONS
390. The authority citation for part
131 continues to read as follows:
■
§ 169.107
[Amended]
■
§ 131.410
■
■
[Amended]
391. In § 131.410, before the words,
‘‘merchant mariner’s document’’
wherever they appear, add the words,
‘‘merchant mariner credential or’’.
■
VerDate Nov<24>2008
15:59 Mar 13, 2009
Jkt 217001
§ 169.805
[Amended]
400. In § 169.805—
a. In the section heading, remove the
word, ‘‘licenses’’, and add, in its place,
the words, ‘‘merchant mariner
credentials’’; and
PO 00000
Frm 00072
Fmt 4701
PART 175—GENERAL PROVISIONS
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.
§ 175.118
[Amended]
402. Revise § 175.118(c)(3) to read as
follows:
■
§ 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.
*
*
*
*
*
§ 175.400
[Amended]
403. In § 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
404. The authority citation is revised
to read as follows:
■
399. In § 169.107, in the definition for,
‘‘Master’’, remove the word, ‘‘licensed’’,
and add, in its place, the word,
‘‘credentialed’’.
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.
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’’.
■
■
388. The authority for part 125
continues to read as follows:
■
§ 125.160
[Amended]
392. In § 131.905(b), after the words,
‘‘the suspension or revocation of’’, add
the words, ‘‘credentials’’.
■ 393. Revise § 131.955 to read as
follows:—
■
Sfmt 4700
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.
§ 176.113
[Amended]
405. In § 176.113(b)(1)(iii), remove the
word, ‘‘licensed’’.
■
E:\FR\FM\16MRR2.SGM
16MRR2
Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations
§ 199.30
PART 185—OPERATIONS
[Amended]
413. In § 199.30, in the definition for,
‘‘Certificated person’’, after the words,
‘‘merchant mariner’s document’’, add
the words, ‘‘or merchant mariner
credential’’.
■
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.
407. Revise § 185.402 to read as
follows:
■
§ 185.402
PART 401—GREAT LAKES PILOTAGE
REGULATIONS
414. The authority citation for part
401 continues to read as follows:
■
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.
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.
408. In § 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,’’.
415. In § 401.110—
a. In paragraph (a)(8), after the word,
‘‘license’’, add the words, ‘‘or merchant
mariner credential’’; and
■ b. In paragraph (a)(12), after the
words, ‘‘who holds a license’’, add the
words, ‘‘or merchant mariner credential
endorsed’’; and
■ c. Add a new paragraph (a)(17) to read
as follows:
PART 196—OPERATIONS
§ 401.110
§ 185.910
[Amended]
■
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
Officers.
PART 199—LIFESAVING SYSTEMS
FOR CERTAIN INSPECTED VESSELS
VerDate Nov<24>2008
15:59 Mar 13, 2009
Jkt 217001
§ 401.230
[Amended]
418. In § 401.230(a), remove the word,
‘‘license’’, and add, in its place, the
word, ‘‘endorsement’’.
■
§ 401.250
[Amended]
[Amended]
417. In § 401.220(d), remove the word,
‘‘license’’, and add, in its place, the
word, ‘‘endorsement’’.
■
[Amended]
419. In § 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
■
§ 401.210 Requirements and qualifications
for registration.
All officers on a vessel must have
their licenses or officer endorsements
conspicuously displayed.
Authority: 46 U.S.C. 3306, 3703; Pub. L.
103–206, 107 Stat. 2439; Department of
Homeland Security Delegation No. 0170.1.
§ 401.220
416. Revise § 401.210(a)(1) and (a)(6)
to read as follows:
411. Revise § 196.53–1 to read as
follows:
412. The authority citation for part
199 continues to read as follows:
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.
■
■
■
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.
§ 401.210
410. Revise the heading to subpart
196.53 to read as set forth above.
■
§ 196.53–1
■
■
11267
Authority: 46 U.S.C. 2104(a), 8105, 9303,
9304; 49 CFR 1.46 (mmm).
(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
§ 402.220
PO 00000
Frm 00073
Fmt 4701
Sfmt 4700
420. The authority citation for part
402 continues to read as follows:
[Amended]
421. In § 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]
BILLING CODE 4910–15–P
E:\FR\FM\16MRR2.SGM
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]]>Agencies
[Federal Register Volume 74, Number 49 (Monday, March 16, 2009)]
[Rules and Regulations]
[Pages 11196-11267]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5436]
[[Page 11195]]
-----------------------------------------------------------------------
Part II
Department of Homeland Security
-----------------------------------------------------------------------
Coast Guard
-----------------------------------------------------------------------
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]]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
------------------------------------------------------------------------
Cite Change Reason
------------------------------------------------------------------------
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.
[[Page 11198]]
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.
------------------------------------------------------------------------
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: https://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
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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
