
[Federal Register: March 16, 2009 (Volume 74, Number 49)]
[Rules and Regulations]               
[Page 11195-11267]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16mr09-17]                         


[[Page 11195]]

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Part II





Department of Homeland Security





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Coast Guard



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33 CFR Parts 1, 20, 70, et al.

46 CFR Parts 1, 4, 5, et al.



Consolidation of Merchant Mariner Qualification Credentials; Final Rule


[[Page 11196]]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

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

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

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

 
Consolidation of Merchant Mariner Qualification Credentials

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard issues this final rule to consolidate the 
regulations covering issuance of merchant mariner qualification 
credentials, to reduce the burden on mariners by limiting the number of 
times they need to appear in person to provide fingerprints and proof 
of identity, and to address comments received from the public in 
response to the Supplemental Notice of Proposed Rulemaking, in some 
cases through revisions based on those comments. This final rule works 
in tandem with the joint final rule published by the Coast Guard and 
the Transportation Security Administration on January 25, 2007, 
entitled ``Transportation Worker Identification Credential (TWIC) 
Implementation in the Maritime Sector; Hazardous Materials Endorsement 
for a Commercial Driver's License''.

DATES: This final rule is effective April 15, 2009. The incorporation 
by reference of certain publications listed in the rule is approved by 
the Director of the Federal Register as of April 15, 2009.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2006-24371 and are available for inspection or 
copying at the Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. You may also find this 
docket on the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Mayte Medina, Coast Guard, telephone 202-372-1406. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Acronyms
II. Regulatory History
III. Background and Purpose
IV. Summary of Changes From SNPRM
V. Discussion of Comments and Changes
    A. Comments Regarding the TWIC Rulemaking
    B. General
    C. Appeals
    D. Application Process
    E. Background Checks
    F. Coast Guard Authority
    G. Citizenship
    H. Consistency
    I. Continuity Documents
    J. Definitions
    K. Fees
    L. Format
    M. Large Passenger Vessels
    N. License Creep
    O. Medical
    P. National Maritime Center
    Q. Oaths
    R. Pilots
    S. Posting of Credential
    T. Social Security Numbers
    U. International Convention on the Standards on Training, 
Certification, and Watchkeeping for Seafarers, 1978, as Amended 
(STCW)
    V. Training
    W. Integration With TWIC
    X. Questions Outside the Scope of This Rulemaking
VI. Regulatory Evaluation
    A. Executive Order 12866
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Acronyms

ADA Americans with Disabilities Act
ARPA Automatic Radar Plotting Aid
ATP Airline Transport Pilot
CFR Code of Federal Regulations
CBP Customs and Border Patrol
COR Certificate of Registry
EEOC Equal Employment Opportunity Commission
FAA Federal Aviation Administration
FR Final Rule
GMDSS Global Maritime Distress and Safety System
ILO International Labor Organization
IMO International Maritime Organization
MERPAC Merchant Marine Personnel Advisory Committee
MMC Merchant Mariner Credential
MMD Merchant Mariner Document
MODU Mobile Offshore Drilling Unit
NARA National Archives and Records Administration
NDR National Driver Register
NEPA National Environmental Policy Act
NMC National Maritime Center
NPRM Notice of Proposed Rulemaking
NTTAA National Technology Transfer and Advancement Act
NVIC Navigation and Inspection Circular
OCMI Officer in Charge, Marine Inspection
OICEW Officer in Charge of Engineering Watch
OICNW Officer in Charge of Navigational Watch
OMB Office of Management and Budget
OSV Offshore Supply Vessels
PVSA Passenger Vessel Safety Act of 1993
QMED Qualified Member of the Engine Department
REC Regional Examination Center
RFPNW Rating Forming Part of a Navigational Watch
SNPRM Supplemental Notice of Proposed Rulemaking
SOLAS Convention for the Safety of Life at Sea
SSN Social Security Number
STCW International Convention on the Standards of Training, 
Certification and Watchkeeping for Seafarers, 1978, as amended.
TOAR Towing Officer's Assessment Record
TSA Transportation Security Administration
TWIC Transportation Worker Identification Credential
US United States
USC United States Code

II. Regulatory History

    On May 22, 2006, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) in the Federal Register titled ``Consolidation of 
Merchant Mariner Qualification Credentials'' (71 FR 29462). The NPRM 
included a 45-day comment period, and announced four public meetings 
that were held in Newark, NJ, Tampa, FL, St. Louis, MO, and Long Beach, 
CA. During the comment period for the NPRM, the Coast Guard received 
over 100 requests, both in writing and in person at the public 
meetings, for additional time to comment.
    In response, on January 25, 2007, the Coast Guard published a 
Supplemental Notice of Proposed Rulemaking (SNPRM) under the same title 
in the Federal Register (72 FR 3605) providing an additional three 
months for comments. The SNPRM included a discussion of all comments 
received in response to the NPRM. We received 19 letters commenting on 
the SNPRM. No public meeting was requested and none was held.

III. Background and Purpose

    A complete discussion of the background and purpose for this rule 
can be found in the preamble to the NPRM, 71 FR 29463. Under the 
current

[[Page 11197]]

regulations being amended in this rule, the Coast Guard may issue up to 
four credentials to a mariner: A Merchant Mariner's Document (MMD), 
Merchant Mariner's License (License), Certificate of Registry (COR), 
and an International Convention on Standards of Training, Certification 
and Watchkeeping for Seafarers (STCW) Endorsement. Each credential 
serves a separate purpose, thus creating the possibility that a mariner 
might need all four.
    The Maritime Transportation Security Act of 2002, 46 U.S.C. 70105, 
(MTSA) requires all merchant mariners credentialed under 46 U.S.C. part 
E to undergo a security threat assessment and obtain a transportation 
security card. This provision has been implemented by the 
Transportation Security Administration (TSA), which has begun 
implementing the Transportation Worker Identification Credential (TWIC) 
into the maritime sector, and the Coast Guard. All mariners are 
required, under Coast Guard regulations, to obtain a TWIC by April 15, 
2009.\1\ This means that, without a regulatory change, a mariner would 
need up to five credentials.
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    \1\ The first TWIC Final Rule, published on January 25, 2007, 
required all mariners to have a TWIC by September 25, 2008. See 72 
FR 3492. On May 7, 2008, the Department of Homeland Security 
published a Final Rule delaying the date by which mariners must hold 
a TWIC until April 15, 2009. See 73 FR 25562.
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    This rule will minimize these redundant credentialing requirements, 
and ease the burden on merchant mariners. The Coast Guard is 
streamlining its mariner regulations and consolidating the four 
separate credentialing documents into one Merchant Mariner Credential 
(MMC). In addition to reducing the number of credentials a mariner will 
need to hold, this rule also eliminates redundant burdens and 
government processes.

IV. Summary of Changes From SNPRM

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            Cite                     Change                Reason
------------------------------------------------------------------------
Throughout document.........  Changed the date by   To reflect change in
                               which a mariner       mariner compliance
                               must hold a TWIC      date published by
                               from September 25,    DHS in a Final Rule
                               2008 to April 15,     on May 7, 2008 (73
                               2009.                 FR 25562).
46 CFR 10.209, 10.211,        Added language to     To allow the Coast
 10.214, 10.221, 10.223,       reflect that          Guard to begin
 10.225, 10.227, 10.229,       applications for      issuing the MMC
 10.231, 10.235, 12.02-7.      MMC's prior to        prior to the date
                               April 15, 2009 will   that mariners are
                               still need to be      required to hold a
                               made in person at     TWIC, and prior to
                               an REC to provide     the date when TSA
                               fingerprints and      will begin sharing
                               proof of identity,    applicant
                               and that for these    information with
                               applications, the     the Coast Guard.
                               Coast Guard will
                               still conduct
                               security threat
                               assessments. After
                               April 15, 2009, TSA
                               will collect the
                               fingerprints and
                               proof of identity
                               and forward that
                               information to the
                               Coast Guard
                               (National Maritime
                               Center (NMC)).
33 CFR 164.13...............  Changed the term      In response to
                               from properly, to     comments.
                               appropriately.
46 CFR 10.107...............  Added language to     In response to
                               the definition of     comments and
                               safe and suitable     changes to
                               person to refer the   regulations.
                               reader to 46 CFR
                               10.211 and 10.213;
                               and added
                               definitions for
                               large passenger
                               ship, non-resident
                               alien and steward's
                               department.
46 CFR 10.109...............  Added the first       In response to
                               class pilot           comments.
                               endorsement, and in
                               (b) added
                               subcategories of
                               able seaman for
                               consistency as well
                               as clarity with the
                               requirements in
                               Parts 12 and 15.
46 CFR 10.211...............  Added language to     In response to
                               specifically state    comments.
                               responses that
                               applicants need
                               only provide
                               written disclosure
                               of convictions not
                               previously
                               disclosed on an
                               application.
46 CFR 10.215 Table (a).....  Revised the table to  In response to
                               place the reg cites   comments.
                               for the requirement.
46 CFR 10.215(c)............  Revised to allow the  In response to
                               medical examiner,     comments.
                               if qualified, to
                               conduct the
                               appropriate
                               examinations.
46 CFR 10.221(a)(2).........  Added exception for   In response to
                               large passenger       comments and
                               vessel.               Congress.
46 CFR 10.225...............  Removed the           In response to
                               requirement that a    comments.
                               mariner have proof    Additionally, it
                               of applying for a     provides more
                               TWIC within the       flexibility.
                               past 30 days.
46 CFR 10.237...............  Added language to     In response to
                               specify that the      comments.
                               Coast Guard will
                               provide the
                               applicant the
                               reason(s) for
                               denial of an
                               application
                               directly to the
                               applicant.
46 CFR 11.304(h)(7).........  Removed the           In response to
                               requirement for       comments and
                               gathering the TWIC    realization that we
                               information.          had sufficient
                                                     information to
                                                     determine the
                                                     identity of the
                                                     officer conducting
                                                     the assessment.
46 CFR 11.518...............  Added the             In response to
                               abbreviation for      comments.
                               Qualified Member of
                               the Engine
                               Department (QMED).
46 CFR 11.520...............  Replaced qualified    In response to
                               member of the         comments.
                               engine department
                               with QMED.
46 CFR 11.1005..............  Removed the date....  In response to
                                                     comments and date
                                                     is no longer
                                                     necessary.
46 CFR 12.02-11(d)..........  Revised to state      In response to
                               that ratings          comments.
                               endorsements will
                               be issued if the
                               holder or applicant
                               is qualified for
                               the endorsement.
46 CFR 12.02-17.............  Revised section to    In response to
                               remove reference to   comments and to
                               Officer in Charge     provide clarity
                               Marine Inspection.    after the
                               In paragraph (g)      revisions.
                               revised section for
                               clarity.
46 CFR 12.05-3(c)...........  Revised paragraph to  In response to
                               remove the date and   comments and to
                               to provide clarity    provide clarity.
                               that the
                               endorsement for
                               Rating Forming Part
                               of a Navigational
                               Watch (RFPNW) will
                               be issued upon
                               meeting the
                               requirements of
                               STCW.

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46 CFR 12.05-7..............  Removed the term      In response to
                               Commanding Officer.   comments and for
                                                     consistency with
                                                     changes previously
                                                     proposed.
46 CFR 12.10-1..............  Removed the term      In response to
                               ``United States       comments and
                               collector or deputy   updating the
                               collector of          regulations with
                               customs'' and         current
                               replaced it with      terminology.
                               the appropriate
                               term with the DHS
                               reorganization.
46 CFR 12.10-3..............  Removed the term      In response to
                               Commanding Officer.   comments and for
                                                     consistency with
                                                     changes previously
                                                     proposed.
46 CFR 12.15-1..............  Removed the term      In response to
                               ``United States       comments and
                               collector or deputy   updating the
                               collector of          regulations with
                               customs'' and         current
                               replaced it with      terminology.
                               the appropriate
                               term with the DHS
                               reorganization.
46 CFR 12.15-3(d)...........  Removed the February  In response to
                               1, 2002 date.         comments and
                                                     because that date
                                                     is no longer
                                                     necessary.
46 CFR 12.15-7(c)...........  Revised the newly     Consistency with
                               inserted word from    existing language
                               engineer department   and in response to
                               to engine             comment.
                               department.
46 CFR 12.40................  Revised subpart for   In response to
                               the requirements      comments and new
                               for non-resident      interim rule.
                               aliens working on
                               large passenger
                               vessels.
46 CFR 15.401...............  Spelled out the       In response to
                               first use of TWIC.    comments.
46 CFR 15.530...............  Revised subpart for   In response to
                               the requirements      comments and new
                               for non-resident      interim rule.
                               aliens working on
                               large passenger
                               vessels.
46 CFR 15.701...............  Removed the word      In response to
                               Customs and           comments and
                               replaced it with      updating the
                               Customs and Border    regulations with
                               Protection.           current
                                                     terminology.
46 CFR 15.812(b)(1).........  Clarified the         In response to
                               requirement to        comments and for
                               state that it is      clarification.
                               either a first
                               class pilot's
                               license or an MMC
                               with a first class
                               pilot's endorsement.
46 CFR 15.815...............  Revised radar         Consistency with
                               endorsement           other ongoing
                               language to make it   rulemaking project
                               consistent with       that is
                               language proposed     specifically on
                               in the NPRM for       that requirement.
                               radar endorsements.
46 CFR 15.915...............  Revised header from   In response to
                               ``Engineer            comment and to make
                               Licenses'' to         consistent with the
                               ``Engineer Officer    remainder of the
                               Endorsements''.       proposed rule.
46 CFR 42.05-70.............  Renumbered section    In response to
                               to 42.05-27.          comment and because
                                                     the definition was
                                                     out of order.
46 CFR 78.65-1..............  Revised section to    In response to
                               provide the option    comment and to
                               to post either        provide for the
                               license or merchant   phase-in period
                               mariner credentials   when both documents
                               on a vessel.          will be in use.
46 CFR 97.53-1..............  Revised section to    In response to
                               provide the option    comment and to
                               to post either        provide for the
                               license or merchant   phase-in period
                               mariner credentials   when both documents
                               on a vessel.          will be in use.
46 CFR 401.210..............  Revised references    In response to
                               to licensed service   comments and to
                               and added language    correct oversights
                               to include the MMC    not addressed in
                               requirement.          the SNPRM.
46 CFR 402.220..............  Revised section to    In response to
                               provide for           comments and to
                               mariners holding      provide for the
                               either a license or   phase-in period
                               MMC.                  when both documents
                                                     will be in use.
------------------------------------------------------------------------

V. Discussion of Comments and Changes

    The following comments were submitted to the docket for the MMC 
SNPRM. All written comments received are available for inspection in 
the public docket for this rulemaking, where indicated under ADDRESSES.

A. Comments Regarding the TWIC Rulemaking

    We continued to receive comments to the docket regarding the TWIC. 
This rulemaking is limited to the consolidation of merchant mariner 
credentials, including the requirement for a TWIC as required by 46 
U.S.C. 70105; however, comments regarding the TWIC rulemaking are 
inappropriate for discussion in this rulemaking. They are not addressed 
in this FR; they were forwarded to the appropriate office either at the 
Coast Guard or at TSA for consideration, and included in the discussion 
of comments in the TWIC final rule, published on January 25, 2007 (72 
FR 3492).

B. General

    The Coast Guard received a number of positive comments on the 
SNPRM. We received one comment commending the Coast Guard on 
recognizing the need to move forward on concurrent processing of a TWIC 
and MMC. We received one comment supporting the removal of language in 
Sec.  12.01-1 that stated that the MMD was owned by the Coast Guard. We 
received one comment expressing support for the revised requirements in 
Sec.  15.815(d) and (e) requiring mariners to either carry their radar 
certificate with them or have a copy on file with their company. We 
received one comment that specifically stated that all the credentials 
should be combined as proposed in the SNPRM. We received four comments 
supporting the issuance of MMCs through the mail. We received one 
comment applauding the removal of withholding the reason for the denial 
of a credential. We received numerous comments agreeing with the need 
for proper identification and credentialing of mariners, in order to 
ensure safe vessel operation and national security. We received one 
comment commending the Coast Guard for allowing the mariner to take 
his/her oath before any person. We received one comment noting that the 
MMC represents an opportunity to make the mariner credentialing system 
more transparent, predictable and fair. We received one comment 
expressing appreciation of the Coast Guard's efforts to protect a 
mariner's privacy by removing the Social Security number on the form of 
payment.
    We received one comment expressing concern that focusing the 
emphasis of the MMC on competency of the mariner would undermine the 
principle that the Coast Guard must be vigilant in its issuance of its 
credentials.
    We disagree. While TSA is responsible for verifying identity and 
conducting security vetting for mariners, the Coast Guard will only 
issue credentials to those individuals who pass the security vetting 
and the safety and suitability check conducted by the Coast Guard. We 
will not ignore whether the individual is a security threat, though our 
focus will be

[[Page 11199]]

qualifying the mariner to be employed on vessels and ensuring the 
individual is not a threat to maritime safety.
    We received one comment noting that the mariner would still be 
required to carry multiple credentials and documents and thus the 
synergetic effect of the Coast Guard's proposed consolidation of the 
mariner's credentials is somewhat diluted.
    We agree. The Coast Guard recognizes that mariners will still be 
required to carry more than one credential; however, those issued by 
the Coast Guard will be reduced from as many as four to one.
    We received one comment suggesting that this rulemaking should be 
used to remedy existing deficiencies in the licensing system.
    We disagree. The purpose of this rulemaking is to streamline the 
existing merchant mariner credentialing process, to minimize redundant 
requirements, and simplify the credentialing program. While it is 
expected that this will remedy some of the existing deficiencies in the 
merchant mariner credentialing program, it is not the intent of this 
rulemaking. The Coast Guard has a number of initiatives in progress 
which are intended to improve the merchant mariner credentialing 
system, which include reorganization of the NMC and fully developing a 
quality standard system.
    We received one comment asking the Coast Guard to address the 
deletions and additions of definitions, subsections, figures, and 
tables within the rulemaking.
    In the NPRM, we provided a table showing where various subsections 
were moved between the various parts of Title 46 of the CFR (71 FR 
29464-81). Additionally, when the definitions were consolidated we had 
no intention of removing definitions and have reviewed the list to 
ensure that all of the definitions within the subchapter have been 
retained, unless otherwise noted in this or previous regulatory 
documents. Within this preamble, we will discuss any changes from the 
SNPRM, which would not have been discussed in either the NPRM or the 
SNPRM.
    We received one comment requesting that we readdress the comments 
they made to the NPRM.
    The Coast Guard has determined that readdressing even some of the 
comments we received on the NPRM would be redundant, as those comments 
were already fully addressed in the ``Discussion of Comments and 
Changes'' section of the SNPRM (72 FR 3608). As such, we have not 
readdressed comments received on the NPRM; this discussion will only 
address those comments received on the SNPRM.
    We received one comment stating that the creation of an entirely 
new form of a credential to replace the traditional license would 
create more problems than it might solve.
    We disagree. While we recognize that the transition to this new 
credential will not be without challenges, we believe it will result in 
a better credential accepted by more mariners than the credentials 
currently in place.
    One commenter recommended that the MMC proposal be withdrawn.
    We do not agree with this comment and are proceeding with this 
final rule. Without this final rule, mariners would face duplicative 
appearance requirements when applying for their TWIC and their Coast 
Guard issued License, MMD, COR, or STCW Endorsement.
    We received one comment expressing concern with this rulemaking 
because it comes at an especially active period in maritime regulation 
and it was recommended that we proceed with caution.
    We recognize that the Coast Guard is involved in multiple 
regulatory projects at this time, and that several of them touch upon 
the same regulatory provisions being amended by this final rule. All 
persons involved in this project are sensitive to this fact, and have 
been diligent in ensuring that the same approach and language is used 
in all projects. As a result of this diligence, recent changes, 
published in an interim rule for vessel security officer training and 
certification (May 20, 2008; 73 FR 29060) and in final rules on 
training and service requirements for merchant marine officers 
(September 11, 2008; 73 FR 52789) and technical amendments for 46 CFR 
(September 29, 2008; 73 FR 56505), have been incorporated into this 
final rule.
    One commenter expressed concern that the SNPRM implied the MMC is 
an identity document in addition to being a proficiency document. They 
felt adding the identity concept to the MMC would introduce confusion 
and recommended that the TWIC remain the proof of identification.
    We disagree. There have been numerous comments recommending the MMC 
be International Labor Organization (ILO) 185 compliant. In order to 
meet those requests, the Coast Guard must make this credential, in 
part, an identification credential. Identification will not be the 
primary function of the MMC, as the TWIC will be used as the primary 
identification document aboard U.S. vessels and at U.S. facilities. The 
MMC may be used as an identity document in other places, as it will 
hold a digital photo of the mariner, which will be taken from the TWIC 
enrollment application during which time proof of identity is 
inspected.
    We received one comment requesting the implementation of this 
rulemaking be delayed until there have been trials of the information 
sharing between the Coast Guard and TSA.
    We agree, in part, with this comment. Before we fully implement 
this rulemaking we will be testing the transmission of information 
between the two agencies. If we are able to begin issuance of the MMC 
before the full implementation of TWIC, we may begin a partial 
implementation of those portions of the rule that do not require the 
information sharing.
    We received one comment stating that the Coast Guard must educate 
other state and Federal agencies about the status of a merchant mariner 
credential, and the requirements to achieve them.
    While not the purpose of this rulemaking, we agree we need to 
educate other agencies about the MMC. We will use all available 
channels to inform State and Federal agencies about the new credential.
    We received one comment stating that the majority of licensed 
officers favor retaining the license as a separate document and as a 
certificate of qualifications at the licensed level.
    We disagree. This statement is not represented by the comments 
received during this rulemaking.
    We received one comment stating that the present documentation and 
licensing regulations should remain intact and should not be changed to 
a system of endorsements on a newly created MMC.
    We disagree. Even before the MMC and TWIC rulemakings, the Coast 
Guard recognized the need to revise the current credentials, to make 
them less confusing. This need was further reinforced by comments 
received and responses made to Congress regarding the number of 
credentials being carried by mariners and the need to reduce that 
number.
    We received one comment seeking clarification on a statement within 
the SNPRM preamble regarding delaying the final rule until ``next 
year'' to allow the Coast Guard to accept and apply additional public 
comments.
    The intent of the statement within the SNPRM was to state that the 
Coast Guard was going to seek additional comments in conjunction with 
the rulemaking process. Because at that time mariners would not have 
been required to hold a TWIC until

[[Page 11200]]

September 25, 2008 (see TWIC final rule at 72 FR 3587-88), we 
recognized that there was ample time to allow for additional comment 
before needing to finalize this MMC rulemaking project. Providing a 
second round of comments has helped ensure that in consolidating the 
existing mariner credentialing regulations, we were not unintentionally 
changing any qualifications requirements.
    We received one comment stating that not allowing mariners to serve 
prior to issuance of their MMC conflicted with the TWIC policy which 
allowed service for up to 30 days before they actually received their 
TWIC and that this Coast Guard policy would negate that advantage. We 
received two comments encouraging the Coast Guard to seek issuance of 
interim MMCs for mariners serving on passenger vessels that have been 
issued a TWIC, but are waiting on the processing of the MMC. We 
received one comment recommending issuance of interim credentials to 
persons who have had recent prior experience crewing on U.S.-flag 
vessels, or on other vessels that have evidence, issued by the Federal 
Maritime Commission, of compliance with sections 44102 and 44103 of 
Title 46 of the United States Code. In contrast, we received one 
comment stating that the issuance of interim credentials would be 
confusing and unnecessary, especially considering that we do not 
currently have interim credentials and everyone has managed to deal 
with it by planning ahead.
    The Coast Guard has decided not to allow merchant mariners to serve 
prior to the issuance of their MMC. The U.S. Code provides that the 
Coast Guard may issue credentials to those applicants found qualified 
as to age, character, habits of life, experience, professional 
qualifications and physical fitness (46 U.S.C. 7101(c), 7306, and 
7313). The law provides that the Coast Guard must ensure a mariner 
meets the aforementioned criteria before issuing a credential and the 
possession of such a credential is required to serve in a position on 
any vessel that requires a credential.
    We received one comment that suggested the replacement of the 
phrase ``* * * a properly endorsed license * * *'' with ``* * * an 
appropriately endorsed license * * *'' in 33 CFR 164.13(b) and (c).
    We concur with the suggestion and have made this change.
    We received one comment seeking clarification regarding the listing 
of the Young Men's Christian Association (YMCA) but not the Young 
Women's Christian Association (YWCA) in 46 CFR 10.219(h)(2)(ii) and 
whether the failure to include that organization was intentional, and 
if so for further rationale for not including the organization.
    The YWCA was intentionally excluded from the current published list 
in the regulations. The list has been in place and unchanged since the 
establishment of fee regulations in 1993, and it is not our intention 
with this rulemaking to add or remove organizations from the existing 
list. An organization seeking to be added to the list may follow the 
procedure, unchanged by this rulemaking, laid out in paragraph 
(h)(2)(i).
    We received one comment recommending that 46 CFR 11.502(b) be 
revised to reflect three propulsion modes: motor, steam, and gas 
turbine.
    We agree, in part. There are three propulsion modes that should be 
included in the regulations; however, this change is being considered 
in a separate, larger Coast Guard rulemaking, titled ``Implementation 
of the 1995 Amendments to the International Convention on Standards of 
Training, Certification and Watchkeeping for Seafarers, 1978'' (RIN: 
1625-AA16).
    We received one comment that recommended 46 CFR 11.1105 be the same 
as Sec.  11.1005: ``To serve on a non-Ro-Ro passenger ship a person 
endorsed as master, mate, chief mate, engineer, or chief engineer shall 
meet the appropriate requirements of the International Convention on 
the Standards of Training, Certification and Watchkeeping for 
Seafarers, 1978, as amended (STCW) Regulation V/3 and of section A-V/E 
of the STCW Code.''
    We disagree. It is not the purpose of this rule to revise the 
substantive qualifications requirements or even just the text of the 
requirements; this rule serves to reorganize the various parts, 
consolidate the various mariner credentials, and eliminate redundant 
appearance requirements in light of the new TWIC requirement. As noted 
in an earlier response, the Coast Guard has a number of ongoing 
regulatory projects that, if completed, would change portions of 46 CFR 
chapter I, subchapter B. Once these projects are completed, we will 
examine whether a complete revision of the regulations in subchapter B 
is warranted. The change suggested by the commenter could be 
incorporated into such a revision.
    We received one comment recommending a revision to Sec.  12.15-7(c) 
changing the phrase ``engineer department'' to ``engine department''.
    We agree with this suggestion and have made this change.
    We received one comment noting that we did not correct the heading 
for Sec.  15.915. That omission was an oversight on the part of the 
Coast Guard; we have corrected that heading in this final rule to 
``Engineer Officer Endorsements''.
    One comment recommended Sec. Sec.  78.65-1, 97.53-1, and 131.955 
state that the page of the credential should show the information for 
officer credentials and include the license for the 5 year 
implementation period.
    We agree, and have amended the sections to read ``All officers on a 
vessel must have their license or officer endorsements conspicuously 
displayed''.
    We received one comment recommending that Sec.  401.210(a)(1) be 
revised to allow for the transition period when mariners will still 
hold licenses.
    We agree; this entire paragraph has been revised in this final 
rule, in order to allow the Coast Guard to start issuing MMCs even 
before mariners are required to obtain TWICs. These changes mean that, 
until April 15, 2009, mariners applying for their MMC will need to 
appear at an REC in person to provide proof of identity, citizenship, 
and their fingerprints. After April 15, 2009, the Coast Guard will be 
able to obtain that information from the record TSA created when the 
mariner enrolled for his/her TWIC and will not have to appear at an 
REC.
    We received one comment recommending that Sec.  402.220(a)(1), 
(a)(2), & (a)(3) should state license and MMC endorsement.
    We agree that these terms would provide clarity, and have made the 
suggested changes.
    We received one comment recommending that we model the mariner 
licensing system after the Federal Aviation Administration (FAA) 
processes, based upon the Airline Transport Pilot (ATP) license for the 
FAA coupled with type-rating for a specific aircraft.
    We disagree. While this would ensure that each mariner is qualified 
for each specific vessel upon which he or she serves, it would make the 
regulations much more difficult and confusing. Additionally, vessels 
are not as uniform as aircraft in their design and operation, thus 
using the FAA model would not be appropriate.
    One commenter suggested that STCW endorsements should be issued 
when a person meets STCW requirements for their position instead of in 
response to a request to go on an international voyage.
    We concur; however, we do not issue STCW endorsements unless 
requested by mariner. Thus, when the STCW

[[Page 11201]]

endorsement is issued relies upon when the mariner makes his/her 
request.
    We received one recommendation that the CFRs should be drafted to 
provide a list of requirements as has been done in some of the license 
checklists.
    We disagree. While this idea appears on the surface to be a good 
solution, it would actually result in more difficulties over time. 
Checklists exist as aids that provide guidance on these regulations and 
are available for review at: http://www.uscg.mil/stcw/index.htm. 
Including such checklists in the regulations would mean they could only 
be revised through a regulatory change, requiring notice and comment 
under the Administrative Procedure Act. By providing the checklists as 
aids to understanding the regulations, we are able to quickly update 
and clarify them as requirements are revised or confusion is 
discovered.
    We received one comment noting that the safekeeping of the MMC 
would be easier if it were a passport-sized document.
    We agree and have started the process of transitioning to this 
style of document.

C. Appeals

    We received one comment seeking clarification to the revised 
language in Sec.  12.03-1(c)(2).
    We have removed specific references to the Commanding Officer of 
the National Maritime Center throughout this rulemaking. In our view, 
this will have no effect on the processes currently in place. Coast 
Guard policy requires that Commanding Officers sign official 
correspondence or delegate it, as appropriate, within their command. We 
do not envision course application appeals being delegated below the 
Commanding Officer, except in his or her absence to an Acting 
Commanding Officer.

D. Application Process

    We received one comment recommending the Coast Guard implement a 
Web-based application system and two comments recommending the Coast 
Guard allow electronic submission of applications.
    We agree. As resources are available, the Coast Guard intends to 
develop systems through which a mariner may apply for an MMC using 
various Web-based applications.
    We received one comment recommending that Sec. Sec.  10.223(c)(2) 
and 10.227(d)(2) read ``* * * have a valid TWIC or show proof of 
applying for a TWIC * * *''.
    We disagree. Mariners will not meet the TWIC requirement unless 
they actually hold the TWIC; completing the application process is not 
enough. Mariners need to plan to enroll with enough time to ensure 
their TWIC is available and able to be picked up prior to April 15, 
2009 (the compliance date for the TWIC requirement for mariners). 
Therefore, this section only applies to those individuals who would 
already hold a valid TWIC and MMC.
    We received one comment recommending the removal of the requirement 
of proof that a TWIC be obtained or applied for (within the past 30 
days) in order to receive an original MMC from Sec.  10.225(b)(2).
    We agree that it would not be necessary to provide the 30-day 
limitation on the TWIC application for an original merchant mariner 
credential, and have made the suggested change.
    One commenter expressed concern that the coordination of regulatory 
roles and administrative functions between two agencies within the same 
Department did not lead to development of one application and 
enrollment process, vetting of criminal or other records for safety, 
suitability, and terrorist security risks, determination of 
qualifications and issuance of a single combined Merchant Mariner 
Document (MMD)/TWIC.
    We disagree. When the Coast Guard and TSA first began collaborating 
to issue regulations on TWIC, the issue of whether all credentials 
could be combined into a single MMC/TWIC was thoroughly explored. 
Unfortunately, this is not an option at this time. As the use of 
biometric and smart card technology becomes more wide-spread, this 
decision may be able to be revisited. However, at this time, it is 
simply not possible to combine the two credentials onto one card. We 
have, through this final rule, streamlined the application process for 
the MMC, to avoid duplicative appearance requirements and security 
vetting.
    We received one comment recommending Sec.  10.225(b)(5) be removed, 
since an applicant for an original MMC would not hold any of these 
credentials--cancelled or uncancelled.
    We agree, and have made the suggested change.
    We received one comment requesting that all mariners seeking 
renewals of towing vessel credentials be required to complete practical 
towing demonstrations, as well as for those mariners whose most recent 
credential has been suspended or revoked as stated in Sec.  10.235(f).
    We disagree. The towing vessel credential requirements were 
developed through a separate rulemaking, during which this requirement 
was presented to the public and they were provided an opportunity to 
comment on the requirement. To add this requirement to all other 
mariners would require notice and comment that is currently outside the 
scope of this rulemaking.
    We received one comment recommending that Sec.  10.237(a) clearly 
state that the written statement detailing the reason(s) for denial be 
provided to the applicant.
    We agree. It is the intention of this rulemaking to clarify the MMC 
process and we will make the suggested change to provide additional 
clarity.
    We received one comment questioning why we retained the Officer in 
Charge of Marine Inspection (OCMI) authority to make decisions about 
service and exam requirements in Sec.  11.201.
    This provision was retained because it provides the local Coast 
Guard official most familiar with the local area the ability to revise 
the requirements based upon that local knowledge.
    We received one comment requesting that we reconsider allowing an 
expired passport as evidence of citizenship verification.
    After reconsideration, we have decided to accept an expired 
passport, especially considering that the individual will undergo a 
thorough vetting for immigration status by the TSA during the security 
threat assessment, and a second vetting by the Coast Guard for 
suitability and safety qualifications.
    We received one comment recommending the establishment of a process 
to identify delayed applications and require supervisory review, as 
well as a process to recoup lost salary.
    We agree, in part. We have established a process within the quality 
standard system that will identify delayed applications and bring them 
to the attention of the leadership of the NMC. At present, there is no 
intention to develop a process to provide lost salary to applicants of 
a MMC.

E. Background Checks

    We received one comment recommending the Coast Guard discontinue 
its duplicative background checks or the requirement to hold the TWIC, 
because it is unreasonable for both agencies to simultaneously examine 
a mariner's criminal background. We received three comments 
recommending that the TWIC and MMC data be incorporated into a single 
card. We received one comment

[[Page 11202]]

recommending that the MMD be retained in its present role and format, 
but with additional functionality that would allow it to serve, at the 
unlicensed level, as both a transportation security card and a 
certificate of qualifications.
    We disagree. It is necessary for both the Coast Guard and TSA to 
review the criminal background, since both agencies are examining 
different issues to determine whether an individual should hold the 
credential issued by that agency. Also, it is not within the purview of 
the Coast Guard to change the requirement to hold the TWIC because that 
requirement is found in 46 U.S.C. 70105. The information in the 
applications for the MMD and TWIC are different with respect to the 
different focus of the two credentials. Additionally, to only make the 
MMD consistent for unlicensed personnel would create disconnect between 
the ratings and officers as well as those mariners serving on inland 
routes not required to have an MMD. This proposed scheme would create 
as many credentials as the current system, and frustrate the project's 
original purpose to consolidate credentials. However, this final rule 
does eliminate duplicative processes and requirements, such as the 
personal appearance and security background examinations requirements.
    We received four comments recommending the Coast Guard limit 
criminal conviction disclosure to those not previously disclosed on an 
application for a Coast Guard credential. Similarly, we received one 
comment recommending that Sec.  10.211 be revised to request full 
disclosure of criminal history only on the applicant's original 
application.
    We agree and have made the suggested changes in this final rule.
    We received one comment recommending that the self-disclosure of 
criminal history be eliminated from the application entirely.
    We disagree. There should be some requirement for self-disclosure; 
however, we have agreed that the disclosure should only cover the 
period since the last application or any item not previously disclosed 
to the Coast Guard. This is a benefit for the mariner and provides the 
opportunity for supplemental information not otherwise available in the 
public record to be submitted to the Coast Guard for consideration 
during the evaluation period.
    We received two comments stating that an unlimited review is 
counter to the Congressional intent regarding the National Driver 
Register (NDR).
    We agree, and the statutory three year limit (found in 49 U.S.C. 
30305) on such a review has been incorporated into this final rule (see 
Sec.  10.213). This does not, however, limit the Coast Guard's ability 
to continue an unlimited review if the information obtained from the 
NDR is about a revocation or suspension still in effect on the date of 
the request.

F. Coast Guard Authority

    We received two comments questioning whether the MMC with an 
officer endorsement will have the same significance as a license and 
whether the Coast Guard has authority to change the format of the 
license.
    As noted in the SNPRM, the authority to revise the license is well 
within the broad authority provided to the Coast Guard under 46 U.S.C. 
Part E. Thus, the MMC with an officer endorsement will carry the same 
weight as a license.

G. Citizenship

    We received one comment requesting clarification on Sec.  
10.231(d)(2) regarding the specific mention of naturalized citizens. 
This language was brought from the existing language in 46 CFR 10.207; 
it has not changed and carries the same meaning as it did prior to 
being moved by this final rule.

H. Consistency

    We received one comment strongly recommending that the wording 
referencing mariner credential authority in parts covered by this 
regulation be changed by replacing the words ``not more than'' with the 
words ``less than''. This change was being sought to make the revisions 
more consistent with the provisions within STCW, as well as U.S. 
inspections language.
    While we do not necessarily agree or disagree with the suggestion, 
this final rule is not the appropriate place to contemplate this 
change. The primary focus of this rulemaking is the development of a 
consolidated credential and a reorganization of subchapter B. This 
recommendation, however, is being contemplated for incorporation in a 
separate rulemaking, titled ``Implementation of the 1995 Amendments to 
the International Convention on Standards of Training, Certification 
and Watchkeeping for Seafarers, 1978.''
    We received one comment recommending the rules be consistent in the 
use of the term QMED for ``Qualified Member of the Engine Department.''
    We agree. It is appropriate to establish an abbreviation in the 
text that can then be used in subsequent sections of the rules. We have 
revised Sec.  11.518 to provide the abbreviation, and then used the 
term ``QMED'' for the remainder of that subpart.
    We received one comment questioning the retention of the term 
Commanding Officer, National Maritime Center in Sec. Sec.  12.05-7(b) 
and 12.10-3(a).
    We have removed the term commanding officer from those sections.
    We received two comments asking why the language referring to the 
United States collector or deputy collector of customs was left in the 
regulations in Sec. Sec.  12.10-1 and 15.701(c), even though we removed 
the language referring to the shipping commissioner.
    We removed the reference to the shipping commissioner because it 
was a function the Coast Guard previously performed, but no longer 
performs. The term United States Collector of Customs now falls under 
the responsibility of the Customs and Border Patrol (CBP) Port 
Director, and this change has been incorporated in this final rule.
    We received one comment noting that we left out the shipping 
commissioner language in Sec.  12.15-1. We have made this correction in 
this final rule.
    We received one comment questioning why there was a difference in 
language between Sec. Sec.  13.407 and 13.507, when it did not appear 
that there should be a difference in the language.
    We agree with this comment, and have revised Sec.  13.507 
accordingly in this final rule.
    We received one comment seeking clarification on Sec.  
401.210(a)(6), which allows a Great Lakes Pilot to have either an MMD 
or a TWIC.
    This option was left in place because this final rule will go into 
effect before all mariners are required to hold a TWIC, therefore there 
will be a period where individuals might hold an MMD without a TWIC. We 
have revised the language to ensure that, on April 15, 2009, (the date 
when all mariners must hold a TWIC) only a TWIC will be acceptable.

I. Continuity Documents

    We received one comment asking us to leave the decision whether to 
retain a continuity license and TWIC, or document of continuity without 
TWIC, to the license holder.
    As an agency, we have decided not to continue to issue continuity 
licenses, but rather only documents of continuity. Should a mariner 
choose to obtain a TWIC, but seek to obtain an MMC for continuity 
purposes only, they will still receive a document of continuity. This 
decision is based on a desire to consolidate as many of our pre-
existing credentials into the fewest number of mariner credentials as 
possible.

[[Page 11203]]

J. Definitions

    We received two comments stating that the definition for ``day'' 
should not have been revised regarding 100-ton vessels and the service 
for Mobile Offshore Drilling Units (MODU) needed to be removed from the 
definition.
    We disagree. The definition of ``day'' for vessels of 100 Gross 
Register Tons (GRT) or less was not significantly revised--we opted to 
use the more generic reference of Coast Guard rather than Officer in 
Charge, Marine Inspection. The definition of ``day'' for MODUs was 
already included in that definition in the pre-existing 46 CFR 10.103 
under ``service as.'' We are including it in this definition in order 
to consolidate all definitions for ``day'' in one location.
    We received two comments recommending that the definition for 
``safe and suitable person'' should refer to 46 CFR 10.211.
    While we do not believe it is necessary to make the connection 
between the definition and 46 CFR 10.211, we made the change to assist 
the mariner.
    We received one comment stating the definition for ``senior company 
official'' needs clarification. This definition is consistent with the 
existing definition currently found in 46 CFR 10.103, therefore no 
change has been made.
    We received one comment stating the Coast Guard should fully 
analyze the change of the application of the definition of ``operate, 
operating or operation'' to the entire Subchapter B.
    We disagree. The definition is restricted to the manning 
requirements, and therefore analyzing its application throughout the 
entire subchapter would not be appropriate.
    We received one comment recommending that a section be inserted at 
46 CFR 12.01-6 to direct the reader to the definitions found in 46 CFR 
10.107.
    We disagree. This final rule is a consolidation of the pre-existing 
regulations, and as part of that consolidation, all definitions are 
found in the beginning of the subchapter. We believe that mariners and 
others who use these regulations will quickly adjust to looking in one 
spot (46 CFR 10.107) for definitions that apply throughout the 
subchapter.
    We received one comment that stated that the definition for 
``credential'' was out of order. We agree and have renumbered it at 46 
CFR 42.05-27.
    We received a comment stating that the definition for ``merchant 
mariner credential'' needs to be added to 46 CFR Parts 70, 91, 114, 
125, 160, 169, 175, 188, and 199.
    We disagree. The minimal addition of the phrase ``merchant mariner 
credential'' to those parts does not necessitate the addition of that 
definition. We note that those parts previously referenced either an 
MMD or a license (or both), with neither of those terms defined in 
those parts, without confusion.
    We received one comment recommending the definition for 
``conviction'' not refer to decisions made by a foreign country's court 
of record.
    We disagree. This definition is consistent with the existing 
definition for ``conviction.'' This rulemaking is about the MMC, not 
changing the qualifications for licensing, and it is therefore beyond 
the scope of this rulemaking to address the meaning of the term 
``conviction.
    We received one recommendation that the definition for ``regional 
examination center'' should be revised to incorporate upcoming changes 
to the National Maritime Center and Regional Examination Center system.
    While we agree that the change is necessary, it is beyond the scope 
of this rulemaking as the change needs to be made in more places in the 
CFR than just those being amended by this final rule. Some of these 
changes were recently made as part of a series of technical amendments 
to Title 46 of the CFR. 73 FR 56505.

K. Fees

    We received one comment stating that while the MMC rule might 
reduce cost to the mariners, the entire TWIC/MMC rulemaking increases 
costs to the mariners.
    While we recognize that the new TWIC requirement carries a new fee, 
the regulatory analysis for that project considered that new fee as a 
part of its cost and benefit analysis, thus it is inappropriate for 
that cost to be counted again in this final rule. The regulatory 
analysis for this rulemaking only considers the costs and benefits 
associated with the changes made by this final rule.

L. Format

    We received one comment asking that the Coast Guard make a 
certificate suitable-for-framing with the officer information printed 
upon it, in addition to the final MMC.
    We disagree. While this was also the recommendation from Merchant 
Marine Personnel Advisory Committee (MERPAC), the Coast Guard has 
decided not to produce such a document at this time since this 
rulemaking's purpose is to consolidate credentials.
    We received one comment stating that MERPAC has gone on record 
opposing the MMC.
    We disagree. We have reviewed the recommendations from MERPAC, and 
have found no facts which would support this statement.
    We received one comment recommending the use of the term ``license 
endorsement'' rather than ``officer endorsement''.
    We disagree. ``License'' merely signifies permission granted from a 
government. In our view, ``officer'' is more the appropriate term as it 
signifies an individual who is in a position of authority.
    We received one comment recommending a new certificate of 
qualification be developed for ratings, and that the Coast Guard 
continue to issue two separate credentials.
    We disagree. We are seeking to develop a consolidated credential 
where an individual could have all of their qualifications in a single 
location.
    We received four comments recommending the MMC be designed to meet 
the requirements of ILO 185.
    We agree. This was one of the items taken into account during the 
style selection process, as well as one of the reasons we could not 
combine the MMC with the TWIC. While the initial MMCs may not be ILO 
185 compliant, as it will take some time to ensure the new credential 
meets all of the requirements, the Coast Guard is working diligently to 
bring the MMC into full ILO 185 compliance.
    We received one comment recommending the expiration dates of the 
MMC and TWIC be aligned.
    We disagree. This is not necessary and in some cases may not be in 
the best interests of those impacted by the regulations. We considered 
the costs associated with both documents, and believe that it may be 
economically advantageous to some mariners if the MMC and TWIC 
expiration dates do not align. However, those mariners wishing to bring 
these expiration dates into alignment may do so under this final rule.

M. Large Passenger Vessels

    We received one comment stating that the Coast Guard needed to 
incorporate the Large Passenger Vessel Crew Requirements (RIN: 1625-
AB16) that were published in the Interim Rule on April 24, 2007 (72 FR 
20278). We received one comment recommending that 46 CFR 10.211(a)(2) 
be amended to include new subsection (d) for aliens in the steward's 
department on large passenger vessels. We received one comment 
recommending that we

[[Page 11204]]

incorporate the MMC language in 46 CFR Parts 12 and 15 relating to 
large passenger vessel crew requirements.
    We agree with these suggestions and have incorporated the changes 
made by the interim rule into this final rule.

N. License Creep

    We received four comments requesting the effective date of a 
mariner's renewed credential be the same as the expiration date (i.e. 
delayed issue of the credential).
    We agree, in part. While the Coast Guard agrees with this comment, 
we are awaiting authority from Congress to make such a change. 
Currently, Congress requires that the Coast Guard issue credentials for 
five years. In order to take action on this comment, the Coast Guard 
requires statutory authority to issue a credential that is valid for a 
period beyond 5 years.
    We received one comment stating that this rule does nothing to 
reduce license creep.
    It is our hope that the streamlining features established by this 
rule will reduce license creep; additionally, the Coast Guard is moving 
forward with the reorganizations of the National Maritime Center and 
the Regional Examination Centers, both of which are more focused on 
improvement of processes.

O. Medical

    We received one comment recommending that we require general 
medical exams for all mariners, including entry-level mariners.
    We disagree. We do not have authority to require such exams.
    We received two comments recommending Column 5 of table 46 CFR 
10.215 be revised to read, ``may be required to demonstrate physical 
ability''.
    We agree with the intent of this suggestion. However, we have opted 
to remove the ``x'' from the box and add, in its place, the appropriate 
paragraph which provides the specific requirement and applicability of 
the demonstration of physical ability. This should eliminate some 
confusion over who must ``demonstrate physical ability''.
    We received one comment recommending revision to 46 CFR 10.215(c) 
to allow medical examiners to perform the audiometer/speech 
discrimination tests.
    We agree and have made the suggested change. Medical examiners who 
are qualified to conduct the necessary hearing tests will be authorized 
to perform them.
    We received one comment requesting an evaluation of 46 CFR 
10.215(e) with regard to the Americans with Disabilities Act (ADA), and 
to either revise the paragraph or state that the ADA does not apply. 
The commenter seems to be concerned that medical examiners will require 
the demonstration of physical ability in more places than necessary to 
avoid potential lawsuits.
    While we agree that this requirement is only mandatory for those 
mariners who are not undergoing a medical examination or those whom the 
medical examiner believes are physically unable to perform the duties 
of a merchant mariner, we do not believe it is appropriate to add the 
suggested language into the regulations.
    We received one comment stating that the demonstration of physical 
ability: (1) Fails to provide sufficient information to ensure 
consistent test results, (2) will result in increased cost per 
examination, and (3) will increase the time needed to obtain medical 
results.
    We disagree. The regulations provide general statements of what is 
required of the mariner, and additional information is available in 
Navigation and Inspection Circular (NVIC) 04-08, which was issued by 
the Coast Guard on September 18, 2008. (NVIC 04-08 replaced NVIC 02-98, 
incorporating developments and advancements in modern medical practices 
as well as improvements in the medical evaluation process.) We 
encourage the public to review the discussions of physical ability, 
examiner alternatives and current industry practice in the September 
29, 2008 notice of availability for the NVIC. 73 FR 56600.
    Additionally, this requirement is not going to apply to all 
mariners. It will only apply to those mariners whose physical ability 
might negatively impact maritime safety, as determined by their medical 
examiner during the course of normal physical examination. This 
demonstration will save the applicant an investment of time and money 
when an unknown medical or physical condition may prevent the issuance 
of the credential sought based on ability. It will also assist the 
Coast Guard in issuing a credential with certain limitations instead of 
denying the credential altogether or requiring additional tests. Both 
medical exams and demonstrations of physical ability are currently 
practiced and required under STCW Code. This rule clarifies the STCW 
requirement for physical ability; it does not alter it in any way. 
Based on consultation with medical practitioners, the National Maritime 
Center, and the Merchant Marine Personnel Advisory Committee (MERPAC), 
the determination of need for and demonstration of physical ability is 
part of common medical practice and will not result in a net change in 
baseline examination time and costs to industry.
    We received one comment stating that the medical examiner is not 
the appropriate person to attest the mariner's ability to meet the 
demonstration of physical ability, since it is not a medical exam but a 
physical agility test.
    We disagree. However, we note that it is not necessary for the 
actual medical examiner to conduct the demonstration of physical 
ability, only that he or she signs for (``attest to'') evaluations 
conducted by those within their medical practice.
    We received one comment stating that the medical examiner should 
not be required to attest in writing to the applicant's ability to 
perform non-medical tasks, rather it should be provided by the actual 
person performing the evaluation.
    We disagree. Medical examiners routinely sign-off for the tests/
exams performed by persons within their practice. This evaluation 
should not be different.
    We received one comment requesting that language be added requiring 
mariners to report changes in their medical condition.
    The Coast Guard does not believe it is appropriate to add that 
requirement in this rule, as it was not contemplated or proposed in the 
SNPRM. In the future, the Coast Guard intends to develop regulations 
specifically on the medical requirements for merchant mariners. This 
ensures that an adequate review of the requirements can be made by 
those impacted by the regulations.
    We received two comments recommending 46 CFR 10.215 (b) be revised 
to require the color vision test for original issue only.
    The Coast Guard does not believe it is appropriate to make this 
revision in this final rule. We are limiting the changes made by this 
final rule to those medical issues that were proposed in the SNPRM, to 
consolidate the various credentials issued by the Coast Guard to 
mariners, and to reorganize the regulations governing the applications 
for, issuance of, and qualifications for those credentials. As 
previously mentioned, the Coast Guard intends to develop regulations 
specifically addressing medical requirements for mariners. We will keep 
this comment in mind for future reference, as we develop regulations 
specifically on the medical requirements for merchant mariners.
    We received two comments recommending table 10.215(a) be

[[Page 11205]]

clarified so that hearing, vision, and physical demonstration only be 
required if the medical practitioner has concerns.
    We agree, in part. The requirements regarding vision will be 
checked at each examination, which is a requirement consistent with the 
other modes of transportation. The hearing and demonstration of 
physical ability will only be required if the medical examiner has 
concerns regarding the applicant's medical condition as it relates to a 
possible negative impact on maritime safety.
    We received two comments recommending that 46 CFR 10.227 be revised 
to allow proof of physical proficiency to be submitted on an 
alternative to the 719K.
    We disagree. At this time, we do not have an alternative form 
approved for such use. Those revisions will have to be completed in a 
rulemaking process which provides the public with adequate opportunity 
to comment.
    We received one comment recommending 46 CFR 10.215 be revised to 
ensure that the vision and hearing requirements match those on any 
proposed medical NVIC.
    We agree. Any NVIC must be based upon the regulations which they 
clarify, and therefore cannot include reference to requirements outside 
of those found in the regulations.
    We received one comment recommending 46 CFR 12.05-5 provide a 
reference to 46 CFR 10.215.
    We agree that such a reference would be appropriate and have made 
the suggested change.

P. National Maritime Center

    We received one comment recommending 46 CFR 10.217 be revised to 
provide the address to the new medical branch of the NMC.
    We disagree. Merchant mariner applications will continue to be 
submitted to the servicing Regional Examination Centers listed in the 
regulations until such time as those requirements are revised through 
appropriate notice and comment.
    We received one comment stating that 46 CFR 10.217 seems to 
contradict the new reorganization of the Mariner Licensing and 
Documentation (MLD) Program.
    We recognize the inconsistency. The Coast Guard is still in the 
process of reorganizing the MLD program. Some of these changes were 
recently made in a series of technical amendments to Title 46 of the 
CFR. 73 FR 56505.
    We received one comment stating that 46 CFR 10.02-17(f) and (g) 
appear to give the Officer in Charge of Marine Inspection (OCMI) the 
authority to refuse an examination.
    This is true. Until the reorganization of the MLD program is 
complete, the OCMI will still retain that authority. However, in an 
effort to reduce confusion, and in preparation of the reorganization, 
we have revised ``OCMI'' to ``Coast Guard''.

Q. Oaths

    We received one comment requesting that the oath not be required. 
At this time, the Coast Guard is not able to remove the oath 
requirement from the regulations, as it is also a statutory requirement 
(46 U.S.C. 7105).

R. Pilots

    We received one comment stating that the MMC would result in 
lowering the standards for pilots.
    We disagree. This final rule does not substantially change the 
requirements for pilots. The only changes made were based upon changes 
in terminology.
    We received one comment stating that first class pilot endorsements 
were absent from the list of endorsements in 46 CFR 10.109.
    We agree and have made the suggested change.
    We received three comments stating that 46 CFR 15.812 is confusing, 
and possibly implies any officer can fulfill the requirements of a 
first class pilot.
    We agree that portions of this section are confusing, and have 
revised it to ensure the language is consistent with the existing 
requirements and comprehensible.

S. Posting of Credential

    We received one comment stating that 46 CFR 10.203(c) and (d) 
confuses the issue regarding the posting of the document.
    We disagree. The posting of the credential is not inconsistent with 
this requirement, since the mariner is normally on the vessel with his 
or her credential. However, in order to clarify this, we have added a 
reference to the posting requirement in 10.203(c).

T. Social Security Numbers

    We received one comment requesting that the Social Security Number 
(SSN) not be used for recordkeeping purposes as proposed in 46 CFR 
10.207.
    While we recognize the need to protect the SSN, it still remains 
the best method of correlating records on an individual. We will retain 
the SSN for internal recordkeeping purposes only.

U. International Convention on the Standards on Training, 
Certification, and Watchkeeping for Seafarers, 1978, as Amended (STCW)

    We received one comment recommending 46 CFR 10.205(f) be deleted 
because it is unnecessarily confusing.
    We disagree. This language is consistent with our existing 
requirements; changing it is outside the scope of this project. This 
change will be considered, in a separate rulemaking titled 
``Implementation of the 1995 Amendments to the International Convention 
on Standards of Training, Certification and Watchkeeping for Seafarers, 
1978.''
    We received one comment recommending that the date, January 31, 
1997, referenced in 46 CFR 11.1005 be removed. We agree with this 
comment and have made the suggested change.
    We received one comment expressing concern that 46 CFR 12.02-7 may 
be in error and that there may be additional vessels greater than 200 
GRT/1000 Hp to which STCW applies.
    We disagree. This language was carried over exactly from the 
existing requirements located at 46 CFR 12.02-7.
    We received two comments seeking clarification for why the dates 
were left in 12.05-3(b) and 12.15-3, and not in 12.05-3(c) and 12.15-
3(e).
    These dates were retained because removing them would have amounted 
to a substantive change to the regulations, which is outside the scope 
of this rulemaking. This revision will be considered, in a separate 
rulemaking titled ``Implementation of the 1995 Amendments to the 
International Convention on Standards of Training, Certification and 
Watchkeeping for Seafarers, 1978.''

V. Training

    We received one comment stating there is an inconsistency in 46 CFR 
11.304 between the requirements for Officer in Charge of Navigational 
Watch (OICNW) and Officer in Charge of Engineering Watch (OICEW) 
regarding onboard training.
    While we agree there is an inconsistency, it is not accidental. 
These requirements are inconsistent because the requirements for OICNW 
and OICEW within the STCW are different.

W. Integration With TWIC

    We received one comment asking why a TWIC was required in both 
11.304(g) and (h).
    While drafting the SNPRM, the TWIC requirement was added because it 
was

[[Page 11206]]

thought that an identity document would be necessary to determine the 
identity of each individual involved in the training process. However, 
upon reflection, there is no need to require the number of the TWIC be 
included for the identity of the individual, especially since not 
everyone involved in the training will hold a TWIC. We have, therefore, 
removed it from this final rule.
    We received four comments expressing concern that the delay in the 
issuance of the TWIC could and should delay the issuance of the MMC.
    We disagree. While there may be a delay in fully implementing all 
of the provisions within the MMC rule, such as the sharing of 
information between TSA and Coast Guard, once the credential is ready 
to be issued by the Coast Guard, it would be appropriate to move 
forward with the rule. As such, we have included language in this final 
rule that was not included in the SNPRM, that will allow the Coast 
Guard to issue MMCs, continue performing full background checks (for 
both safety and security), and require the appearance of the mariner in 
person for application of new and renewal MMCs, even before the 
regulatory requirement for mariners to obtain a TWIC is passed.
    We received one comment stating that an automatic revocation of the 
MMC is inappropriate when the TWIC is invalidated and proposed a 
temporary suspension.
    We agree. There will not be an automatic revocation of an MMC when 
the TWIC is denied or has been revoked. Any action against the MMC will 
be taken through the existing Suspensions and Revocations (S&R) 
procedure. However, because a mariner who lacks a valid TWIC will not 
be permitted unescorted access to secure areas, this will likely 
preclude performance of normal job functions on a vessel regulated by 
33 CFR part 104.
    We received one comment stating that the TWIC should not be a 
requirement for the issue or reissue of an MMC.
    We disagree. Statute requires all mariners who are credentialed by 
the Coast Guard to hold a transportation security card (46 U.S.C. 
70105). Further, the statute specifically includes all mariners engaged 
on towing vessels, which would include the unlicensed deckhands on 
inland towing vessels.
    We received one comment requesting that we wait a full 5 years 
before suspending or revoking a mariner's credential for failing to 
hold a TWIC.
    We disagree. The TWIC final rule requires a mariner holding a 
credential issued by the Coast Guard to apply for and activate a TWIC 
prior to April 15, 2009. After this date, a mariner failing to hold a 
TWIC would be in violation of this requirement, and the Coast Guard may 
begin suspension and revocation (S&R) proceedings.
    We received one comment asking us to ensure that S&R proceedings 
against an MMC would not begin until the appeals regarding the TWIC 
have been exhausted.
    We disagree. Under normal circumstances, S&R proceedings will not 
begin until all appeals regarding the TWIC have been completed. 
However, if the Coast Guard is provided with information considered 
sufficient to justify a temporary suspension of the MMC, then that 
action will be started immediately.
    We received one comment asking if mariners will be able to serve 
during times of national need without a TWIC. At this time, 46 U.S.C. 
70105 does not provide flexibility to allow a mariner to serve without 
a TWIC.
    We received one comment stating that 10.235(h) contradicted the 
preamble language for appeals.
    While we note that the language in the rule is not the same as the 
language in the preamble, the preamble also states that, if the 
situation warrants, we would pursue temporary suspension under 46 
U.S.C. 7702, which also is not specifically detailed in the 
regulations. See discussion under ``4. Appeals'' at 72 FR 3609.
    We received one comment recommending that Sec.  15.401 be amended 
to include the abbreviation for TWIC following the phrase. We have made 
the suggested edit.
    We received one comment recommending that language be added to 
Sec.  15.720(a) clearly stating that foreign persons would be subject 
to the escorting requirements in the TWIC regulations.
    While we agree that these foreign individuals are only allowed to 
be used in foreign waters when U.S. citizens are unavailable to fill 
those positions, we have not made the suggested change. The appropriate 
revision would be to add a requirement that the crew be replaced with 
U.S. citizens with the appropriate credentials before returning to a 
United States port. Such a change, however, would go beyond what was 
included in either the NPRM or the SNPRM. We will keep this suggestion 
in mind for future rulemaking projects in this area.
    We received one comment stating opposition to TSA being involved in 
the credentialing of mariners; this opposition included their 
involvement in the background checks.
    This comment is beyond the scope of this rulemaking, as the 
function to administer 46 U.S.C. 70105 (the TWIC requirement) was 
delegated to TSA, not the Coast Guard.
    We received one comment expressing opposition to the Coast Guard in 
not reviewing TSA's decisions regarding the TWIC.
    We disagree. It is not appropriate for the Coast Guard to review or 
duplicate TSA's performance in conducting the security vetting, as well 
as the possible appeals associated with any TWIC denial. TSA has 
provided opportunity in its regulations for independent review, by an 
Administrative Law Judge, of any adverse decisions in regard to the 
TWIC.

X. Questions Outside the Scope of This Rulemaking

    We received a number of comments that the Coast Guard determined to 
be outside the scope of this rulemaking. These comments were forwarded 
to the appropriate organizations for consideration in future regulatory 
actions.

VI. Regulatory Evaluation

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analysis 
based on 13 of these statutes or executive orders.

A. Executive Order 12866

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. A final Regulatory Evaluation follows:
    This rule makes substantive changes to the requirements in 46 CFR 
parts 10, 12, 13, 14, and 15 for the form on which the mariner's 
qualifications appear and the credential that will serve as the 
mariner's primary identification credential, and makes many non-
substantive nomenclature changes throughout Titles 33 and 46 of the 
Code of Federal Regulations. Title 46 lays out the standards for 
merchant mariners, including eligibility and training requirements to 
obtain credentials needed to serve in one of the many roles in the 
merchant marine; wherever possible, this rulemaking will not change 
these qualification requirements. This rulemaking will combine the 
elements of the Merchant Mariner's License, Merchant Mariner's Document

[[Page 11207]]

(MMD), Standards of Training, Certification and Watchkeeping (STCW) 
Endorsement, and Certificate of Registry (COR) into one document, 
called the Merchant Mariner Credential (MMC). Although it technically 
serves as a certificate of identification, practically, the MMC would 
serve as the mariner's qualification document.
    This rulemaking project was developed in conjunction with a joint 
rulemaking project, published by the Coast Guard and the Transportation 
Security Administration, titled ``Transportation Worker Identification 
Credential (TWIC) Implementation in the Maritime Sector; Hazardous 
Materials Endorsement for a Commercial Driver's License'' (the ``TWIC 
rule''; RIN: 1652-AA41). The final rule for that joint project was 
published on January 25, 2007, in the same issue of the Federal 
Register as the SNPRM for this project.
    The TWIC rule implemented the requirements of 46 U.S.C. 70105 and 
requires all merchant mariners holding an active License, MMD, COR, or 
STCW Endorsement to hold a TWIC. The TWIC is a biometric identification 
card, and will serve as the mariner's primary identity document while 
in U.S. waters. With this final rule, the MMD, License, COR, and STCW 
Endorsement will be consolidated into the MMC, which will serve as the 
mariner's qualification document, as well as an identity document 
(though the latter primarily when the mariner is serving outside of 
U.S. waters). All current qualification and suitability requirements 
associated with Licenses, MMDs, STCW Endorsements, and CORs remain the 
same, with only minor exceptions.
    Prior to the effective date of this final rule, all four 
credentials (MMD, License, COR, and STCW Endorsement) were issued at 
one of 17 Coast Guard Regional Examination Centers (RECs). For first 
time applicants, the process of obtaining an MMD, License, COR, or STCW 
Endorsement required at least two visits to an REC. During the first 
visit, an applicant had to be fingerprinted by, and establish his or 
her identity and legal presence in the U.S. to, an REC employee.
    After the successful completion of a safety and security review, 
verification of an applicant's identity, and verification that the 
applicant had satisfied all other requirements for the particular 
credential sought, an REC issued the credential to the applicant. For 
first time applicants, this required a return trip to the REC to 
retrieve their credential and take an oath to faithfully perform all 
duties required of them by law. Individuals renewing credentials did 
not need to restate the oath and could receive their renewed 
credentials by mail. However, all applicants, those seeking new 
credentials as well as those seeking to renew their credentials, had to 
travel to an REC once in the application process to be fingerprinted 
by, and show proof of identification to, an REC employee.
    The requirements to receive a TWIC are similar to the requirements 
to receive an MMD, License, COR, or STCW Endorsement. In order for an 
applicant to receive a TWIC, the applicant is required to travel to a 
designated TWIC enrollment center to submit fingerprints, proof of 
identity, and legal presence in the U.S. A background check is 
conducted to determine that the applicant is not a security risk. Once 
an applicant has been approved, the applicant must return to the TWIC 
enrollment center to pick up the TWIC and prove their identity by a 
one-to-one match of the applicant's fingerprint against the electronic 
fingerprint template stored on the card.
    Soon, TSA will submit to the Coast Guard the applicant's 
fingerprints, photograph, proof of citizenship, proof of legal presence 
in the U.S., and FBI number and any criminal record (if applicable) 
provided with the individual's TWIC application.
    Since the applicant's fingerprints, photograph and proof of 
citizenship, and identity will have been verified by TSA and submitted 
to the Coast Guard, this final rule removes the requirement for a 
merchant mariner to travel to an REC to submit this information to an 
REC employee. In addition to allowing the merchant mariner to mail in 
their application, this rule will also allow new applicants to mail in 
their notarized oath, which would be a nominal cost to the applicant. 
This will remove the requirement for a second trip to the REC to pick 
up their card and take the oath. This rulemaking creates the 
possibility for a mariner to receive his or her MMC entirely through 
the mail.
    Written examinations will still occur at RECs, and the RECs will 
remain accessible to mariners should they choose to seek their services 
in person.
    This rulemaking will also remove the $45 issuance fee for 
continuity licenses and MMDs. These documents are issued to applicants 
for renewal of licenses and MMDs that are endorsed with qualified 
ratings who are unwilling or otherwise unable to meet all the 
requirements to serve and allows the mariner to renew the license or 
MMD with the following restrictive endorsement placed on the license: 
``License renewed for continuity purposes only; service under the 
authority of this license is prohibited.'' Merchant mariner's documents 
are issued with the following restrictive endorsement: ``Continuity 
only; service under document prohibited.''
    The following sections discuss the baseline population of 
applicants that will be affected by this rulemaking and provides an 
assessment of the impacts to merchant mariners by this rulemaking.
Baseline Population
    The Coast Guard data for the number of affected merchant mariners 
came from the NMC, which provides credentialing, training, and 
certification services to all merchant mariners. There are 
approximately 205,000 credentialed merchant mariners. The NMC also 
estimates that the current population of mariners with a continuity 
document is approximately 4,500. In addition to the current population 
of merchant mariners, there are a number of new applicants every year.
Assessment
    Under the current rule, applicants pay a $45 issuance fee for each 
credential that they apply for. Under this rulemaking the applicants 
will only apply for a single credential (the MMC) and as a result will 
only be required to pay one $45 issuance fee regardless of the number 
of endorsements that they carry. This change is not a reduction in any 
fee that a mariner must pay, but a reduction in the number of fees that 
the mariner must pay. Any mariner that would, under the current rules, 
solicit multiple mariner qualifying documents (such as both an MMD and 
a License), will benefit from this change in the fee structure.
    If the merchant mariner has not synchronized the expiration dates 
of his or her current credentials, then they may currently be traveling 
to an REC multiple times within a five-year span. The issuance of the 
MMC will require mariners to track and update only one document and 
will potentially eliminate the need to travel to an REC entirely. This 
will provide greater flexibility to the mariner. Currently, 
approximately 13,843 mariners have more than one credential and have 
not aligned their expiration dates. These mariners will not only 
receive a benefit from reduced application fees, but also from fewer, 
if any, trips to a REC.
    In order to reduce the burden of traveling and having to apply for 
a new MMC before the mariner's current MMD, License, COR, or STCW 
Endorsement expires, this rulemaking will allow mariners to apply for 
an

[[Page 11208]]

MMC at the time that their current credentials expire, which will 
essentially phase in the MMC over a five-year period. Since all 
currently issued credentials are valid for five-year periods, all 
mariners will have to renew their credentials by the close of the five-
year grace period. When a mariner applies to renew his or her MMD, 
License, COR, or STCW Endorsement, they will instead be issued an MMC, 
which will reflect all of their qualifications in the form of 
endorsements on the MMC. This will allow mariners to apply over a 
longer period of time and will not create an additional burden by 
requiring mariners to make an extra trip to the RECs. Mariners whose 
credentials do not expire simultaneously may choose to wait to renew 
the credentials that have yet to expire, but if the applicant later 
chooses to renew that credential, the expiration date of the MMC on 
which the endorsement would be added will not change unless the mariner 
also renews all other endorsements on the MMC.
    Currently, mariners may only renew their credentials within 12 
months of their expiration date. This rulemaking will allow mariners to 
apply for renewal anytime before their current credentials expire and 
up to one year after the expiration date. As a result, this rulemaking 
will provide greater flexibility to mariners by allowing them to apply 
for an MMC at the time they choose.
    In a separate Coast Guard rulemaking document, published on January 
13, 2006 (71 FR 2154), it was estimated that approximately 60 percent 
of current mariners live within one-day roundtrip travel to an REC, 30 
percent live within overnight roundtrip travel (one night and two days) 
to an REC, and 10 percent live at a distance greater than overnight 
roundtrip travel (greater than one night and two days) to an REC. This 
was derived from national percentages for all mariners who have 
addresses on file with the NMC. In the TWIC rule, TSA and the Coast 
Guard estimated that there would be many more TWIC enrollment centers 
than Coast Guard RECs (we now know that number will be 149 vice 17 
RECs). By allowing mariners to visit TWIC enrollment centers instead of 
RECs, this rule will provide a potential benefit for many mariners by 
reducing the travel costs and time currently required to receive a 
credential.
    In the separate rulemaking document (referenced above), the cost 
for mariners to travel to and from one of 17 RECs was estimated. The 
travel cost to mariners for a one-day roundtrip travel to and from an 
REC was given as $387. The estimated cost to mariners for overnight 
roundtrip travel was $911. Applicants who live distances greater than 
200 miles and must travel for more than one night were determined to 
incur the maximum estimated cost of $1,185.
    The TWIC has the effect of transferring the cost of travel from an 
REC to the cost of travel to a TWIC enrollment center, but that cost is 
associated with the TWIC rule, not with this rule. The overall cost for 
mariners associated with this rulemaking will decrease or remain the 
same and will serve to provide more flexibility to mariners. As there 
will be more TWIC enrollment centers than RECs, the distance required 
and the amount of time spent traveling will be reduced for most 
mariners. Based on the percentages above, 60 percent of the mariners 
that live within one-day roundtrip travel will potentially receive the 
economic benefits of having a TWIC enrollment center located closer to 
them than one of the current RECs. The remaining 30 percent of mariners 
that live within an overnight round-trip travel and the 10 percent of 
mariners that live a distance greater than an overnight roundtrip 
travel have an increased likelihood of having a TWIC enrollment center 
located closer to them than one of the current RECs and will 
potentially receive an even greater benefit in travel cost savings from 
this rule.
    In addition to these benefits, the removal of the issuance fee for 
continuity documents will provide mariners who choose to apply for a 
continuity document a savings of $45.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will have a significant economic impact on 
a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    We do not expect this rule to have a significant impact on a large 
number of small entities. This rulemaking consolidates the number of 
credentials merchant mariners must carry and streamlines the 
application process in a way that would help prevent abuse, reduce 
cost, and assist the Coast Guard in its effort to help secure U.S. 
marine infrastructure, commercial activities, and the free flow of 
trade.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of U.S. 
small entities.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking. If this rule 
will affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the individuals listed above in 
the section titled FOR FURTHER INFORMATION CONTACT.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

D. Collection of Information

    This rule calls for a collection of information under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501-3520). This rulemaking will 
require the modification of one or more credentialing program 
collections of information currently approved by the Office of 
Management and Budget (OMB) under OMB Control Numbers 1625-0040, 1625-
0012, 1625-0078, and 1625-0079. However, the changes from this rule 
which require modification of these collections of information will not 
go into effect until after April 15, 2009, when TSA begins sharing TWIC 
enrollment information with the Coast Guard. A number of policy 
decisions must be made before the changes to those collections can be 
finalized, such as how the information will be transferred from TSA to 
the Coast Guard, methods of submission for mariners, and the format of 
a new application form once Coast Guard is receiving information from 
TSA. Because these regulatory changes will not go into effect 
immediately, approval for revisions to these OMB Control Numbers will 
not be submitted to OMB

[[Page 11209]]

until these policy decisions have been made.
    The changes made by this rule that go into effect in 30 days are 
burden neutral, and as such do not require immediate revision to the 
collections of information listed above.
    You are not required to respond to a collection of information 
unless it displays a currently valid OMB control number.

E. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on state or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them.
    We have analyzed this rule under that Order and have determined 
that it does not have implications for federalism.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a state, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

G. Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

H. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or safety that may disproportionately 
affect children.

J. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

K. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy.

L. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, the Coast 
Guard did not consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 0023.1 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded under section 2.B.2 
Figure 2-1, paragraph (34)(c) of the Instruction. This rule involves 
the training, qualifying, licensing, and disciplining of maritime 
personnel and involves matters of procedure only; it consolidates the 
credentials issued to merchant mariners and revises the application 
process for issuing those credentials. An environmental analysis 
checklist and a categorical exclusion determination are available in 
the docket where indicated under ADDRESSES.

List of Subjects

33 CFR Part 1

    Administrative practice and procedure, Authority delegations 
(Government agencies), Freedom of information, Penalties.

33 CFR Part 20

    Administrative practice and procedure, Hazardous substances, Oil 
pollution, Penalties, Water pollution control.

33 CFR Part 70

    Navigation (water) and Penalties.

33 CFR Part 95

    Alcohol abuse, Drug abuse, Marine safety, and Penalties.

33 CFR Part 101

    Harbors, Maritime security, Reporting and recordkeeping 
requirements, Security measures, Vessels, Waterways.

33 CFR Part 110

    Anchorage grounds.

33 CFR Part 141

    Citizenship and naturalization, Continental shelf, Employment, 
Reporting and recordkeeping requirements.

33 CFR Part 155

    Alaska, Hazardous substances, Oil pollution, Reporting and 
recordkeeping requirements.

33 CFR Part 156

    Hazardous substances, Oil pollution, Reporting and recordkeeping 
requirements, Water pollution control.

33 CFR Part 160

    Administrative practice and procedure, Harbors, Hazardous materials 
transportation, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Vessels, Waterways.

33 CFR Part 162

    Navigation (water) and Waterways.

33 CFR Part 163

    Cargo vessels, Harbors, Navigation (water), Waterways.

33 CFR Part 164

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

[[Page 11210]]

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

46 CFR Part 1

    Administrative practice and procedure, Organization and functions 
(Government agencies), Reporting and recordkeeping requirements.

46 CFR Part 4

    Administrative practice and procedure, Drug testing, 
Investigations, Marine safety, Nuclear vessels, Radiation protection, 
Reporting and recordkeeping requirements, Safety, Transportation.

46 CFR Part 5

    Administrative practice and procedure, Alcohol abuse, Drug abuse, 
Investigations, Seamen.

46 CFR Part 10

    Incorporation by reference, Penalties, Reporting and recordkeeping 
requirements, Seamen, Transportation Worker Identification Card.

46 CFR Part 11

    Incorporation by reference, Penalties, Reporting and recordkeeping 
requirements, Schools, Seamen.

46 CFR Part 12

    Incorporation by reference, Penalties, Reporting and recordkeeping 
requirements, Seamen.

46 CFR Part 13

    Cargo vessels, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 14

    Oceanographic research vessels, Reporting and recordkeeping 
requirements, Seamen.

46 CFR Part 15

    Reporting and recordkeeping requirements, Seamen, Vessels.

46 CFR Part 16

    Drug testing, Marine safety, Reporting and recordkeeping 
requirements, Safety, Transportation.

46 CFR Part 26

    Marine safety, Penalties, Reporting and recordkeeping requirements.

46 CFR Part 28

    Alaska, Fire prevention, Fishing vessels, Marine safety, 
Occupational safety and health, Reporting and recordkeeping 
requirements, Seamen.

46 CFR Part 30

    Cargo vessels, Foreign relations, Hazardous materials 
transportation, Penalties, Reporting and recordkeeping requirements, 
Seamen.

46 CFR Part 31

    Cargo vessels, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 35

    Cargo vessels, Marine safety, Navigation (water), Occupational 
safety and health, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 42

    Penalties, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 58

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 61

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 78

    Marine safety, Navigation (water), Passenger vessels, Penalties, 
Reporting and recordkeeping requirements.

46 CFR Part 97

    Cargo vessels, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements.

46 CFR Part 98

    Cargo vessels, Hazardous materials transportation, Marine safety, 
Reporting and recordkeeping requirements, Water pollution control.

46 CFR Part 105

    Cargo vessels, Fishing vessels, Hazardous materials transportation, 
Marine safety, Petroleum, Seamen.

46 CFR Part 114

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 115

    Fire prevention, Marine safety, Passenger vessels, Reporting and 
recordkeeping requirements.

46 CFR Part 122

    Marine safety, Passenger vessels, Penalties, Reporting and 
recordkeeping requirements.

46 CFR Part 125

    Administrative practice and procedure, Cargo vessels, Hazardous 
materials transportation, Marine safety, Seamen.

46 CFR Part 131

    Cargo vessels, Fire prevention, Marine safety, Navigation (water), 
Occupational safety and health, Reporting and recordkeeping 
requirements.

46 CFR Part 151

    Cargo vessels, Hazardous materials transportation, Marine safety, 
Reporting and recordkeeping requirements, Water pollution control.

46 CFR Part 166

    Schools, Seamen, Vessels.

46 CFR Part 169

    Fire prevention, Marine safety, Reporting and recordkeeping 
requirements, Schools, Vessels.

46 CFR Part 175

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 176

    Fire prevention, Marine safety, Passenger vessels, Reporting and 
recordkeeping requirements.

46 CFR Part 185

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 196

    Marine safety, Oceanographic research vessels, Reporting and 
recordkeeping requirements.

46 CFR Part 199

    Cargo vessels, Marine safety, Oil and gas exploration, Passenger 
vessels, Reporting and recordkeeping requirements.

46 CFR Part 401

    Administrative practice and procedure, Great Lakes, Navigation 
(water), Penalties, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 402

    Great Lakes, Navigation (water), Seamen.

0
For the reasons listed in the preamble, the Coast Guard amends 33 CFR 
parts 1, 20, 70, 95, 101, 110, 141, 155, 156, 160, 162, 163, 164, and 
165; 46 CFR parts 1, 4, 5, 10, 12, 13, 14, 15, 16, 26, 28, 30, 31, 35, 
42, 58, 61, 78, 97, 98, 105, 114, 115, 122, 125, 131, 151, 166, 169, 
175, 176, 185, 196, 199, 401 and 402; and in 46 CFR, add a new part 11 
as follows:

33 CFR CHAPTER I

PART 1--GENERAL PROVISIONS

0
1. The authority citation for part 1 continues to read as follows:


[[Page 11211]]


    Authority: 14 U.S.C. 633; 33 U.S.C. 401, 491, 525, 1321, 2716, 
and 2716a; 42 U.S.C. 9615; 49 U.S.C. 322; 49 CFR 1.45(b), 1.46; 
section 1.01-70 also issued under the authority of E.O. 12580, 3 
CFR, 1987 Comp., p. 193; and sections 1.01-80 and 1.01-85 also 
issued under the authority of E.O. 12777, 3 CFR, 1991 Comp., p. 351.


Sec.  1.08-5  [Amended]

0
2. In Sec.  1.08-5(b)(1), after the word ``licensed'', add the words 
``or credentialed''.


Sec.  1.25-1  [Amended]

0
3. In Sec.  1.25-1(a), remove the words ``documents, certificates, or 
licenses'' and add, in their place, the words ``merchant mariner 
credentials, merchant mariner documents, licenses or certificates''.

PART 20--RULES OF PRACTICE, PROCEDURE, AND EVIDENCE FOR FORMAL 
ADMINISTRATIVE PROCEEDINGS OF THE COAST GUARD

0
4. The authority citation for part 20 continues to read as follows:

    Authority: 33 U.S.C. 1321; 42 U.S.C. 9609; 46 U.S.C. 7701, 7702; 
49 CFR 1.46.


0
5. In Sec.  20.102--
0
a. In the definition for ``Complaint'', after the word ``merchant'', 
add the words ``mariner credential,'';
0
b. In the definition for ``Suspension and revocation proceeding or S&R 
proceeding'', after the words ``merchant mariner's'', add the word 
``credential,''; and
0
c. Add definitions for the terms ``credential'' and ``Merchant mariner 
credential or MMC'', in alphabetical order, to read as follows:


Sec.  20.102  Definitions.

* * * * *
    Credential means any or all of the following:
    (1) Merchant mariner's document.
    (2) Merchant mariner's license.
    (3) STCW endorsement.
    (4) Certificate of registry.
    (5) Merchant mariner credential.
* * * * *
    Merchant mariner credential or MMC means the credential issued by 
the Coast Guard under 46 CFR part 10. It combines the individual 
merchant mariner's document, license, and certificate of registry 
enumerated in 46 U.S.C. subtitle II part E as well as the STCW 
endorsement into a single credential that serves as the mariner's 
qualification document, certificate of identification, and certificate 
of service.
* * * * *


Sec.  20.904  [Amended]

0
6. In Sec.  20.904--
0
a. In paragraph (e)(1) introductory text, after the words ``certificate 
of registry'' remove the word ``or''; and, after the word ``document'', 
add the words ``, credential, or endorsement'';
0
b. In paragraph (e)(1)(i)(B), after the word ``certificate'' remove the 
word ``or''; and, after the word ``document'', add the words ``, 
credential, or endorsement'';
0
c. In paragraph (f) introductory text, after the words ``revocation of 
a'', add the words ``credential, endorsement,''; and
0
d. In paragraph (f)(1), after the words ``issuance of a new'' remove 
the words ``license, certificate, or document'' and add, in their 
place, the words ``merchant mariner credential with appropriate 
endorsement''.


Sec.  20.1201  [Amended]

0
7. In Sec.  20.1201--
0
a. In paragraph (a), remove the words ``merchant mariner's license, 
certificate of registry, or document'' and add, in their place, the 
words ``mariner's credential'';
0
b. In paragraph (b) introductory text, before the words ``license, 
certificate, or document'', add the words ``merchant mariner 
credential,''; and
0
c. In paragraph (b)(2)(ii), after the words ``renewal of the'', add the 
words ``merchant mariner credential,''.


Sec.  20.1202  [Amended]

0
8. In Sec.  20.1202(a), before the words ``license, certificate of 
registry, or document'', add the word ``credential,''.


Sec.  20.1205  [Amended]

0
9. In Sec.  20.1205--
0
a. In the section heading, before the words ``license, certificate of 
registry, or document'', add the words ``merchant mariner 
credential,'';
0
b. In paragraph (a), after the words ``move that his or her'', add the 
words ``merchant mariner credential,''; and
0
c. In paragraph (b), after the words ``return of the suspended'', add 
the word ``credential,''.


Sec.  20.1307  [Amended]

0
10. In Sec.  20.1307 paragraph (c)(2), after words ``merchant mariner's 
license'', add the words ``, merchant mariner credential,''.

PART 70--INTERFERENCE WITH OR DAMAGE TO AIDS TO NAVIGATION

0
11. The authority citation for part 70 continues to read as follows:

    Authority: Secs. 14, 16, 30 Stat. 1152, 1153; secs. 84, 86, 92, 
633, 642, 63 Stat. 500, 501, 503, 545, 547 (33 U.S.C. 408, 411, 412; 
14 U.S.C. 84, 86, 92, 633, 642).


Sec.  70.05-10  Revocation of merchant mariner credential officer 
endorsement or license.

0
12. In Sec.  70.05-10--
0
a. Revise the section heading as set forth above; and
0
b. In the text, after the words ``shall also have his'', add the words 
``merchant mariner credential officer endorsement or''.

PART 95--OPERATING A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL OR 
A DANGEROUS DRUG

0
13. Revise the authority citation for part 95 to read as follows:

    Authority: 33 U.S.C. 2071; 46 U.S.C. 2302; Department of 
Homeland Security Delegation No. 0170.1.


Sec.  95.015  [Amended]

0
14. In Sec.  95.015(b), remove the words ``a licensed individual'' and 
add, in their place, the words ``an officer''.


Sec.  95.045  [Amended]

0
15. In Sec.  95.045 introductory text, remove the words ``a licensed 
individual'' and add, in their place, the words ``an officer''.

PART 101--MARITIME SECURITY: GENERAL

0
16. The authority citation for part 101 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 192; Executive Order 12656, 3 CFR 1988 Comp., p. 585; 33 
CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland 
Security Delegation No. 0170.1.

0
17. In Sec.  101.105--
0
a. In the definitions for ``Master'' and ``Operator, Uninspected Towing 
Vessel'', before the word ``license'', wherever it appears, add the 
words ``merchant mariner credential or''; and
0
b. Add a definition for the term ``Merchant mariner credential or MMC'' 
to read as follows:


Sec.  101.105  Definitions.

* * * * *
    Merchant mariner credential or MMC means the credential issued by 
the Coast Guard under 46 CFR part 10. It combines the individual 
merchant mariner's document, license, and certificate of registry 
enumerated in 46 U.S.C. subtitle II part E as well as the STCW 
endorsement into a single credential that serves as the mariner's 
qualification document, certificate of identification, and certificate 
of service.
* * * * *

[[Page 11212]]

PART 110--ANCHORAGE REGULATIONS

0
18. Revise the authority citation for part 110 to read as follows:

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 
33 CFR 1.05-1(g); Department of Homeland Security Delegation No. 
0170.1.


Sec.  110.186  [Amended]

0
19. In Sec.  110.186(b)(3), after the word ``licensed'', add the words 
``or credentialed''.


Sec.  110.188  [Amended]

0
20. In Sec.  110.188(b)(10), after the word ``licensed'', add the words 
``or credentialed''.


Sec.  110.214  [Amended]

0
21. In Sec.  110.214(a)(3)(i), after the word ``licensed'' add the 
words ``or credentialed''.

PART 141--PERSONNEL

0
22. Revise the authority citation for part 141 to read as follows:

    Authority: 43 U.S.C. 1356; 46 U.S.C. 70105; 49 CFR 1.46(z).


Sec.  141.5  [Amended]

0
23. In Sec.  141.5(b)(1) remove the words ``licensed officers, and 
unlicensed crew'' and add, in their place, the words ``crew, and 
officers holding a valid license or MMC with officer endorsement''.

0
24. In Sec.  141.10, add a definition for the term ``Transportation 
Worker Identification Credential or TWIC'', in alphabetical order, to 
read as follows:


Sec.  141.10  Definitions.

* * * * *
    Transportation Worker Identification Credential or TWIC means an 
identification credential issued by the Transportation Security 
Administration according to 49 CFR part 1572.


Sec.  141.25  [Amended]

0
25. In Sec.  141.25--
0
a. In paragraph (a) introductory text, remove the word ``The'' and add, 
in its place, the words ``For the purposes of this part, the''; and
0
b. In paragraph (a)(1), before the words ``merchant mariner's 
document'', add the word ``valid'', and remove the words ``under 46 CFR 
Part 12''.

0
26. In Sec.  141.30--
0
a. In the introductory text, remove the first appearance of the word 
``The'' and add, in its place, the words ``For the purposes of this 
part, the'';
0
b. In paragraph (a), before the words ``merchant mariner's document'', 
add the word ``valid'', and remove the words ``under 46 CFR Part 12''; 
and
0
c. In paragraph (b), remove the words ``Immigration and Naturalization 
Service'' and add, in their place, the words ``Immigration and Customs 
Enforcement Agency''; and
0
d. Add a new paragraph (d) to read as follows:


Sec.  141.30  Evidence of status as a resident alien.

* * * * *
    (d) A valid Transportation Worker Identification Credential.


Sec.  141.35  [Amended]

0
27. In Sec.  141.35(a)(1), after the words ``merchant mariner's 
document'', add the words ``, Transportation Worker Identification 
Credential,''.

PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION 
REGULATIONS FOR VESSELS

0
28. The authority citation for part 155 continues to read as follows:

    Authority: 33 U.S.C. 1231, 1321(j); E.O. 11735, 3 CFR, 1971-1975 
Comp., p. 793. Sections 155.100 through 155.130, 150.350 through 
155.400, 155.430, 155.440, 155.470, 155.1030(j) and (k), and 
155.1065(g) are also issued under 33 U.S.C. 1903(b). Sections 
155.480, 155.490, 155.750(e), and 155.775 are also issued under 46 
U.S.C. 3703. Section 155.490 also issued under section 4110(b) of 
Public Law 101-380.


0
29. Revise Sec.  155.110 to read as follows:


Sec.  155.110  Definitions.

    Except as specifically stated in a section, the definitions in part 
151 of this chapter, except for the word ``oil'', and in part 154 of 
this chapter, apply to this part. The following definition also applies 
to this part:
    Merchant mariner credential or MMC means the credential issued by 
the Coast Guard under 46 CFR part 10. It combines the individual 
merchant mariner's document, license, and certificate of registry 
enumerated in 46 U.S.C. subtitle II part E as well as the STCW 
endorsement into a single credential that serves as the mariner's 
qualification document, certificate of identification, and certificate 
of service.

0
30. In Sec.  155.710--
0
a. In paragraph (a)(2), after the word ``license'', add the words ``or 
officer endorsement'';
0
b. Revise paragraph (e)(1) to read as set out below;
0
c. In paragraph (f), after the word ``MMD'', add the words `` or 
merchant mariner credential''; and after the words ``either a 
license'', add the words ``, officer endorsement,''; and
0
d. In paragraph (g), after the words ``need not hold any of the'', add 
the words ``merchant mariner credentials,''.


Sec.  155.710  Qualifications of person in charge.

* * * * *
    (e) * * *
    (1) On each inspected vessel required by 46 CFR chapter I to have 
an officer aboard, holds a valid license or merchant mariner credential 
issued under 46 CFR chapter I, subchapter B, authorizing service as a 
master, mate, pilot, engineer, or operator aboard that vessel, or holds 
a valid merchant mariner's document or merchant Mariner credential 
endorsed as Tankerman-PIC;
* * * * *


Sec.  155.815  [Amended]

0
31. In Sec.  155.815(b), after the word ``licensed'' add the words ``or 
credentialed''.

PART 156--OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS

0
32. The authority citation for part 156 continues to read as follows:

    Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3703a, 3715; E.O. 
11735, 3 CFR 1971-1975 Comp., p. 793. Section 156.120(bb) and (ee) 
are also issued under 46 U.S.C. 3703.


Sec.  156.210  [Amended]

0
33. In Sec.  156.210(d), remove the words ``a licensed individual'' and 
add, in their place, the words ``an officer''.

PART 160--PORTS AND WATERWAYS SAFETY--GENERAL

0
34. The authority citation for part 160 continues to read as follows:

    Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. Chapter 701; 
Department of Homeland Security Delegation No. 0170.1. Subpart C is 
also issued under the authority of 33 U.S.C. 1225 and 46 U.S.C. 
3715.

Sec.  160.113  [Amended]

0
35. In Sec.  160.113(b)(4), remove the word ``licensed''.

PART 162--INLAND WATERWAYS NAVIGATION REGULATIONS

0
36. Revise the authority citation for part 162 to read as follows:

    Authority: 33 U.S.C. 1231; Department of Homeland Security 
Delegation No. 0170.1.


0
37. Add a new Sec.  162.5 to read as follows:


Sec.  162.5  Definitions.

    The following definition applies to this part:

[[Page 11213]]

    Merchant mariner credential or MMC means the credential issued by 
the Coast Guard under 46 CFR part 10. It combines the individual 
merchant mariner's document, license, and certificate of registry 
enumerated in 46 U.S.C. subtitle II part E as well as the STCW 
endorsement into a single credential that serves as the mariner's 
qualification document, certificate of identification, and certificate 
of service.

0
38. In Sec.  162.130(c), revise the definition for ``Master'' to read 
as follows;


Sec.  162.130  Connecting waters from Lake Huron to Lake Erie; general 
rules.

* * * * *
    (c) * * *
    Master means the master or operator, the person designated by the 
master or operator to navigate the vessel, or, on a vessel not 
requiring persons holding licenses or merchant mariner credential 
officer endorsements, the person in command of the vessel.
* * * * *

PART 163--TOWING OF BARGES

0
39. The authority citation for part 163 continues to read as follows:

    Authority: 33 U.S.C. 152, 2071; 49 CFR l.46(n).

Sec.  163.01  [Amended]

0
40. In Sec.  163.01(b), after the word ``license'', add the words ``or 
merchant mariner credential''.

0
41. Add a new Sec.  163.03 to read as follows:


Sec.  163.03  Definitions.

    The following definition applies to this part:
    Merchant mariner credential or MMC means the credential issued by 
the Coast Guard under 46 CFR part 10. It combines the individual 
merchant mariner's document, license, and certificate of registry 
enumerated in 46 U.S.C. subtitle II part E as well as the STCW 
endorsement into a single credential that serves as the mariner's 
qualification document, certificate of identification, and certificate 
of service.

PART 164--NAVIGATION SAFETY REGULATIONS

0
42. The authority citation for part 164 continues to read as follows:

    Authority: 33 U.S.C. 1222(5), 1223, 1231; 46 U.S.C. 2103, 3703; 
Department of Homeland Security Delegation No. 0170.1 (75). Sec. 
164.13 also issued under 46 U.S.C. 8502. Sec. 164.61 also issued 
under 46 U.S.C. 6101.


0
43. In Sec.  164.13--


0
a. In paragraph (b), remove the words ``a licensed engineer'' and add, 
in their place, the words ``an engineer with an appropriately endorsed 
license or merchant mariner credential''; and
0
b. Revise paragraph (c) to read as follows:


Sec.  164.13  Navigation underway: tankers.

* * * * *
    (c) Each tanker must navigate with at least two deck officers with 
an appropriately endorsed license or merchant mariner credential on 
watch on the bridge, one of whom may be a pilot. In waters where a 
pilot is required, the second officer, must be an individual holding an 
appropriately endorsed license or merchant mariner credential and 
assigned to the vessel as master, mate, or officer in charge of a 
navigational watch, who is separate and distinct from the pilot.
* * * * *

0
44. In Sec.  164.70, add a new definition for the term ``Merchant 
mariner credential or MMC'', in alphabetical order, to read as follows:


Sec.  164.70  Definitions.

* * * * *
    Merchant mariner credential or MMC means the credential issued by 
the Coast Guard under 46 CFR part 10. It combines the individual 
merchant mariner's document, license, and certificate of registry 
enumerated in 46 U.S.C. subtitle II part E as well as the STCW 
endorsement into a single credential that serves as the mariner's 
qualification document, certificate of identification, and certificate 
of service.
* * * * *

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
45. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
46. Add a new Sec.  165.3 to read as follows:


Sec.  165.3  Definitions.

    The following definitions apply to this part:
    Credential means any or all of the following:
    (1) Merchant mariner's document.
    (2) Merchant mariner's license.
    (3) STCW endorsement.
    (4) Certificate of registry.
    (5) Merchant mariner credential.
    Merchant mariner credential or MMC means the credential issued by 
the Coast Guard under 46 CFR part 10. It combines the individual 
merchant mariner's document, license, and certificate of registry 
enumerated in 46 U.S.C. subtitle II part E as well as the STCW 
endorsement into a single credential that serves as the mariner's 
qualification document, certificate of identification, and certificate 
of service.


Sec.  165.120  [Amended]

0
47. In Sec.  165.120(b)(1), remove the words `` the Licensed Federal 
Pilot'' and add, in their place, the words ``an individual holding a 
valid merchant mariner's license or merchant mariner credential 
endorsed as pilot''.


Sec.  165.153  [Amended]

0
48. In Sec.  165.153(d)(6) and (d)(7), remove the word ``licensed'' 
wherever it appears.


Sec.  165.810  [Amended]

0
49. In Sec.  165.810(f)(1), remove the words ``licensed engineer'' and 
add, in their place, the words ``appropriately licensed or credentialed 
engineer officer''.


Sec.  165.1310  [Amended]

0
50. In Sec.  165.1310(f)(2), remove the word ``licensed'' and add, in 
its place, the words ``holding a license or merchant mariner credential 
issued''.

46 CFR CHAPTER I

PART 1--ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE 
SAFETY FUNCTIONS

0
51. The authority citation for part 1 continues to read as follows:

    Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46 
U.S.C. Chapter 93; Pub. L. 107-296, 116 Stat. 2135; Department of 
Homeland Security Delegation No. 0170.1; Sec.  1.01-35 also issued 
under the authority of 44 U.S.C. 3507.

0
52. In Sec.  1.01-05, add new paragraphs (d) and (e) to read as 
follows:


Sec.  1.01-05  Definitions.

* * * * *
    (d) The term Credential means any or all of the following:
    (1) Merchant mariner's document.
    (2) Merchant mariner's license.
    (3) STCW endorsement.
    (4) Certificate of registry.
    (5) Merchant mariner credential.
    (e) The term Merchant mariner credential or MMC means the 
credential issued by the Coast Guard under 46 CFR part 10. It combines 
the individual merchant mariner's document, license, and certificate of 
registry enumerated in 46 U.S.C. subtitle II part E as well as the STCW 
endorsement into a single

[[Page 11214]]

credential that serves as the mariner's qualification document, 
certificate of identification, and certificate of service.


Sec.  1.01-10  [Amended]

0
53. In Sec.  1.01-10, in paragraph (b)(1)(ii)(C), remove the words 
``licenses, documents or certificates'' and add, in their place, the 
word ``credentials.''

0
54. In Sec.  1.01-15--
0
a. In paragraph (a)(1), remove the words ``licenses, certificates, and 
documents'' and add, in their place, the word ``credentials'', and 
remove the words ``licensing, certificating'' and add, in their place, 
the word ``credentialing''; and
0
b. Revise paragraph (b) to read as follows:


Sec.  1.01-15  Organization; Districts; National Maritime Center.

* * * * *
    (b) The Officers in Charge, Marine Inspection, in the Coast Guard 
districts, under the supervision of the District Commanders, and the 
Officer in Charge, Activities Europe, under the supervision of the 
Atlantic Area Commander are in charge of the marine inspection offices 
in the various ports and have command responsibilities with assigned 
marine safety zones for the performance of duties with respect to the 
inspection, enforcement and administration of navigation and vessel 
inspection laws, and rules and regulations governing marine safety. The 
Officer in Charge, Marine Inspection, has been designated and delegated 
to give immediate direction to Coast Guard activities relating to 
marine safety functions consisting of inspection of vessels in order to 
determine that they comply with the applicable laws, rules, and 
regulations relating to construction, equipment, manning and operation, 
and to be satisfied that such vessels are in seaworthy condition for 
the services in which such vessels are to be operated; shipyard 
inspections; factory inspections of materials and equipment for 
vessels; credentialing shipment and discharge of seaman; investigations 
of marine casualties and accidents; investigations of violations of 
law; negligence, misconduct, unskillfullness, incompetence or 
misbehavior of persons holding credentials issued by the Coast Guard; 
initiations of actions seeking suspension or revocation under 46 U.S.C. 
chapter 77 of credentials held by persons, and presentation of cases at 
hearings before Administrative Law Judges; and the enforcement of 
navigation, vessel inspection and seaman laws in general.
* * * * *


Sec.  1.01-25  [Amended]

0
55. In Sec.  1.01-25--
0
a. In paragraph (b)(1), remove the words ``licenses, certificates, or 
documents'' and add, in their place, the word ``credentials''; and
0
b. In paragraphs (c) introductory text and (c)(1) introductory text, 
remove the words ``license, certificate or document'' wherever they 
appear and add, in their place, the word ``credential''.

PART 4--MARINE CASUALTIES AND INVESTIGATIONS

0
56. The authority citation for part 4 continues to read as follows:

    Authority: 33 U.S.C. 1231, 1321; 43 U.S.C. 1333; 46 U.S.C. 2103, 
2306, 6101, 6301, 6305; 50 U.S.C. 198; Department of Homeland 
Security Delegation No. 170.1. Authority for subpart 4.40: 49 U.S.C. 
1903(a)(1)(E); Department of Homeland Security Delegation No. 
0170.1.


0
57. Add Sec.  4.03-75 to read as follows:


Sec.  4.03-75  Merchant mariner credential and credential.

    The following definitions apply to this part:
    Credential means any or all of the following:
    (1) Merchant mariner's document.
    (2) Merchant mariner's license.
    (3) STCW endorsement.
    (4) Certificate of registry.
    (5) Merchant mariner credential.
    Merchant mariner credential or MMC means the credential issued by 
the Coast Guard under 46 CFR part 10. It combines the individual 
merchant mariner's document, license, and certificate of registry 
enumerated in 46 U.S.C. subtitle II part E as well as the STCW 
endorsement into a single credential that serves as the mariner's 
qualification document, certificate of identification, and certificate 
of service.

Sec.  4.07-1  [Amended]

0
58. In Sec.  4.07-1(c)(3), remove the words ``any licensed or 
certificated person'' and add, in their place, the words ``any person 
holding a Coast Guard credential''; and remove the words ``license or 
certificate'' and add, in their place, the word ``credential''.

Sec.  4.07-10  [Amended]

0
59. In Sec.  4.07-10(a)(3), remove the words ``licenses or 
certificates'' and add, in their place, the word ``credentials''.

PART 5--MARINE INVESTIGATION REGULATIONS--PERSONNEL ACTION

0
60. The authority citation for part 5 continues to read as follows:

    Authority: 46 U.S.C. 2103, 7101, 7301, 7701; Department of 
Homeland Security Delegation No. 0170.1.

Sec.  5.3  [Amended]

0
61. In Sec.  5.3, remove the words ``licenses, certificates or 
documents'' and add, in their place, the words ``credentials or 
endorsements''.

Sec.  5.5  [Amended]

0
62. In Sec.  5.5, remove the word ``certification'' and add, in its 
place, the words ``certificate, merchant mariner credential, 
endorsement,''.

Sec.  5.19  [Amended]

0
63. In Sec.  5.19(b), remove the words ``license, certificate or 
document'' and add, in their place, the words ``credential or 
endorsement''.


0
64. Add a new Sec.  5.40 to read as follows:


Sec.  5.40  Credential and merchant mariner credential.

    Credential means any or all of the following:
    (1) Merchant mariner's document.
    (2) Merchant mariner's license.
    (3) STCW endorsement.
    (4) Certificate of registry.
    (5) Merchant mariner credential.
    Merchant mariner credential or MMC means the credential issued by 
the Coast Guard under 46 CFR part 10. It combines the individual 
merchant mariner's document, license, and certificate of registry 
enumerated in 46 U.S.C. subtitle II part E as well as the STCW 
endorsement into a single credential that serves as the mariner's 
qualification document, certificate of identification, and certificate 
of service.

Sec.  5.55  [Amended]

0
65. In Sec.  5.55(a) introductory text, remove the words ``license, 
certificate or document'' and add, in their place, the word 
``credential''.


0
66. In Sec.  5.57--
0
a. Revise the section heading and paragraph (b) to read as set out 
below;
0
b. In paragraph (a) introductory text, remove the words ``license, 
certificate or document'' wherever they appear and add, in their place, 
the words ``credential or endorsement''; and
0
c. In paragraph (c), remove the words ``license, certificate or 
document'' and add, in their place, the words ``credential or 
endorsement''.


Sec.  5.57  Acting under authority of Coast Guard credential or 
endorsement.

* * * * *
    (b) A person is considered to be acting under the authority of the 
credential or

[[Page 11215]]

endorsement while engaged in official matters regarding the credential 
or endorsement. This includes, but is not limited to, such acts as 
applying for renewal, taking examinations for raises of grade, 
requesting duplicate or replacement credentials, or when appearing at a 
hearing under this part.
* * * * *

Sec.  5.59  [Amended]

0
67. In Sec.  5.59--
0
a. In the section heading, remove the words ``licenses, certificates or 
documents'' and add, in their place, the words ``credentials or 
endorsements''; and
0
b. In the introductory text, remove the words ``license, certificate or 
document'' and add, in their place, the words ``credential or 
endorsement''.

Sec.  5.61  [Amended]

0
68. In Sec.  5.61--
0
a. In the section heading, remove the words ``licenses, certificates or 
documents'' and add, in their place, the word ``credentials''; and
0
b. In paragraphs (a) introductory text and (b), remove the words 
``license, certificate or document'' wherever they appear and add, in 
their place, the words ``credential or endorsements''.


Sec.  5.101  [Amended]

0
69. In Sec.  5.101(a) introductory text, (a)(1), and (a)(2), remove the 
words ``license, certificate or document'' wherever they appear and 
add, in their place, the words ``credential or endorsement''.


Sec.  5.105  [Amended]

0
70. In Sec.  5.105(b), (c), and (e), remove the words ``license, 
certificate or document'' and add, in their place, the words 
``credential or endorsement''.

Subpart E--[Amended]

0
71. In the heading to subpart E, remove the words ``License, 
Certificate or Document'' and add, in their place, the words ``Coast 
Guard Credential or Endorsement''.


Sec.  5.201  [Amended]

0
72. In Sec.  5.201(a), (b) introductory text, (b)(4), (c) introductory 
text, and (d), remove the words ``license, certificate, or document'' 
and add, in their place, the words ``credential or endorsement''.


Sec.  5.203  [Amended]

0
73. In Sec.  5.203(a), (b) introductory text, (b)(2), and (c), remove 
the words ``license, certificate or document'' and add, in their place, 
the words ``credential or endorsement''.


Sec.  5.205  [Amended]

0
74. In Sec.  5.205--
0
a. In the section heading, remove the words ``license, certificate of 
registry, or merchant mariners document'' and add, in their place, the 
words ``credential or endorsement''; and
0
b. In paragraphs (a), (b) introductory text, (c) introductory text, and 
(d), remove the words ``license, certificate or document'' wherever 
they appear and add, in their place, the words ``credential or 
endorsement''.


Sec.  5.501  [Amended]

0
75. In Sec.  5.501, remove the words ``license, certificate of 
registry, or document'' and add, in their place, the words ``credential 
or endorsement''.


Sec.  5.521  Verification of credential or endorsement.

0
76. In Sec.  5.521--
0
a. Revise the section heading as set forth above;
0
b. In paragraph (a), after the words ``all valid'', remove the words 
``licenses, certificates, and/or documents'' and add, in their place, 
the word ``credentials''; and, after the words ``alleges that'', remove 
the words ``such license, certificate or document'' and add, in their 
place, the word ``credential''; and
0
c. In paragraph (b), remove the words ``license, certificate, or 
document'' and add, in their place, the word ``credential''.


Sec.  5.567  [Amended]

0
77. In paragraphs (b), (c) introductory text, (d), and (e), remove the 
words ``licenses, certificates or documents'' wherever they appear and 
add, in their place, the word ``credentials or endorsements''; and 
remove the words ``license, certificate or document'' wherever they 
appear and add, in their place, the words ``credential or 
endorsement''.


Sec.  5.707  [Amended]

0
78. In Sec.  5.707--
0
a. In the section heading, remove the words ``license, certificate, or 
document'' and add, in their place, the words ``credential or 
endorsement'';
0
b. In paragraph (a), remove the words ``license, certificate or 
document'' wherever they appear and add, in their place, the words 
``credential or endorsement'';
0
c. In paragraph (c), remove the words ``document or license'' and add, 
in their place, the words ``credential or endorsement'';
0
d. In paragraph (d), after the words ``All temporary'', remove the word 
``documents'' and add, in its place, the words ``credentials or 
endorsements''; and, after the words ``If a temporary'', remove the 
word ``document'' and add, in its place, the words ``credential or 
endorsement'';
0
e. In paragraph (e), remove the word ``document'' and add, in its 
place, the words ``credential or endorsement''; and
0
f. In paragraph (f), remove the word ``documents'' and add, in its 
place, the word ``credential''.


Sec.  5.713  [Amended]

0
79. In Sec.  5.713(a), remove the words ``licenses, certificates, or 
documents'' and add, in their place, the words ``credentials or 
endorsements''.


Sec.  5.715  [Amended]

0
80. In Sec.  5.715--
0
a. In the section heading, remove the words ``document and/or license'' 
and add, in their place, the words ``credential and/or endorsement'';
0
b. In paragraph (a), remove the words ``document or license'' and add, 
in their place, the words ``credential and/or endorsement''; and
0
c. In paragraph (c), remove the words ``document and/or license'' and 
add, in their place, the words ``credential and/or endorsement'', and 
after the words ``order. This'', remove the word ``document'' and add, 
in its place, the words ``credential and/or endorsement''.

Subpart L--[Amended]

0
81. In the heading to subpart L, remove the words ``Licenses, 
Certificates or Documents'' and add, in their place, the words 
``Credential or Endorsement''.


Sec.  5.901  [Amended]

0
82. In Sec.  5.901(a), (c), and (e), remove the words ``license, 
certificate or document'' wherever they appear and add, in their place, 
the words ``credential or endorsement''; and in paragraph (d) 
introductory text, remove the words ``license, certificate, or 
document'' wherever they appear and add, in their place, the words 
``credential or endorsement''.


Sec.  5.903  [Amended]

0
83. In Sec.  5.903(a), (c) introductory text, and (c)(2), remove the 
words ``license, certificate or document'' wherever they appear and 
add, in their place, the words ``credential or endorsement''.


Sec.  5.905  [Amended]

0
84. In Sec.  5.905(b), remove the words ``license, certificate or 
document'' and add, in their place, the words ``credential or 
endorsement''.

[[Page 11216]]

PART 10--MERCHANT MARINER OFFICERS AND SEAMEN

0
85. Revise the authority citation for part 10 to read as follows:

    Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 
and 2110; 46 U.S.C. chapter 71; 46 U.S.C. 7502, 7505, 7701, 8906, 
and 70105; Executive Order 10173; Department of Homeland Security 
Delegation No. 0170.1. Section 11.107 is also issued under the 
authority of 44 U.S.C. 3507.

PART 10--[REDESIGNATED AS PART 11]

0
86. Redesignate part 10, consisting of Sec. Sec.  10.101 through 
10.1105, as part 11, Sec. Sec.  11.101 through 11.1105.

0
87. Add a new part 10 to subchapter B to read as follows:

PART 10--MERCHANT MARINER CREDENTIAL

Subpart A--General
Sec.
10.101 Purpose of rules in this part.
10.103 Incorporation by reference.
10.105 Paperwork approval. [Reserved]
10.107 Definitions in subchapter B.
10.109 Classification of endorsements.
Subpart B--General Requirements for All Merchant Mariner Credentials
10.201 General characteristics of the merchant mariner credential.
10.203 Requirement to hold a TWIC and a merchant mariner credential.
10.205 Validity of a merchant mariner credential.
10.207 Identification number.
10.209 General application procedures.
10.211 Criminal record review.
10.213 National Driver Register.
10.214 Security Check.
10.215 Medical and physical requirements.
10.217 Merchant mariner credential application and examination 
locations.
10.219 Fees.
10.221 Citizenship.
10.223 Modification or removal of limitations or scope.
10.225 Requirements for original merchant mariner credentials.
10.227 Requirements for renewal.
10.229 Issuance of duplicate merchant mariner credentials.
10.231 Requirements for raises of grade or new endorsements.
10.233 Obligations of the holder of a merchant mariner credential.
10.235 Suspension or revocation of merchant mariner credentials.
10.237 Right of appeal.
10.239 Quick reference table for MMC requirements.

    Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 
2110; 46 U.S.C. chapter 71; 46 U.S.C. chapter 72; 46 U.S.C. chapter 
75; 46 U.S.C. 7701, 8906 and 70105; Executive Order 10173; 
Department of Homeland Security Delegation No. 0170.1.

Subpart A--General


Sec.  10.101  Purpose of rules in this part.

    The regulations in this part provide:
    (a) A means of determining and verifying the qualifications an 
applicant must possess to be eligible for certification to serve on 
merchant vessels;
    (b) A means of determining that an applicant is competent to serve 
under the authority of their merchant mariner credential (MMC);
    (c) A means of confirming that an applicant does not pose a threat 
to national security through the requirement to hold a Transportation 
Worker Identification Credential (TWIC); and
    (d) A means of determining whether the holder of an MMC is a safe 
and suitable person.


Sec.  10.103  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. Also, it is available for inspection 
at the Coast Guard, Office of Operating and Environmental Standards 
(CG-5221), 2100 Second Street SW., Washington, DC 20593-0001, 202-372-
1405 and is available from the sources indicated in this section.
    (b) International Maritime Organization (IMO), 4 Albert Embankment, 
London SE1 7SR, England, telephone: + 44 (0)20 7735 7611, http://
www.imo.org:
    (1) The STCW--International Convention on Standards of Training, 
Certification and Watchkeeping for Seafarers, 1978, as amended 1995 
(the STCW Convention or the STCW), incorporation by reference approved 
for Sec. Sec.  10.107, 10.109, and 10.231.
    (2) The Seafarers' Training, Certification and Watchkeeping Code, 
as amended 1995 (the STCW Code), incorporation by reference approved 
for Sec. Sec.  10.107, 10.109, 10.227, and 10.231.


Sec.  10.105 Paperwork approval.  [Reserved]


Sec.  10.107  Definitions in subchapter B.

    (a) With respect to part 16 and Sec.  15.1101 of this title only, 
if the definitions in paragraph (b) of this section differ from those 
set forth in either Sec.  16.105 or Sec.  15.1101, the definition set 
forth in either Sec.  16.105 or Sec.  15.1101, as appropriate, applies.
    (b) As used in this subchapter, the following terms apply only to 
merchant marine personnel credentialing and the manning of vessels 
subject to the manning provisions in the navigation and shipping laws 
of the United States:
    Apprentice mate (steersman) of towing vessels means a mariner 
qualified to perform watchkeeping on the bridge, while in training 
onboard a towing vessel under the direct supervision and in the 
presence of a master or mate (pilot) of towing vessels.
    Approved means approved by the Coast Guard according to Sec.  
11.302 of this chapter.
    Approved training means training that is approved by the Coast 
Guard or meets the requirements of Sec.  11.309 of this chapter.
    Assistance towing means towing a disabled vessel for consideration.
    Assistant engineer means a qualified officer in the engine 
department.
    Authorized official includes, but is not limited to, a Federal, 
State or local law enforcement officer.
    Ballast control operator or BCO means an officer restricted to 
service on mobile offshore drilling units (MODUs) whose duties involve 
the operation of the complex ballast system found on many MODUs. When 
assigned to a MODU, a ballast control operator is equivalent to a mate 
on a conventional vessel.
    Barge supervisor or BS means an officer restricted to service on 
MODUs whose duties involve support to the offshore installation manager 
(OIM) in marine-related matters including, but not limited to, 
maintaining watertight integrity, inspecting and maintaining mooring 
and towing components, and maintaining emergency and other marine-
related equipment. A barge supervisor, when assigned to a MODU, is 
equivalent to a mate on a conventional vessel.
    Boatswain means the leading seaman and immediate supervisor of deck 
crew who supervises the maintenance of deck gear.
    Cargo engineer means a person holding an officer endorsement on a 
dangerous-liquid tankship or a liquefied-gas tankship whose primary 
responsibility is maintaining the cargo system and cargo-handling 
equipment.
    Chief engineer means any person responsible for the mechanical

[[Page 11217]]

propulsion of a vessel and who is the holder of a valid officer 
endorsement as chief engineer.
    Chief mate means the deck officer next in seniority to the master 
and upon whom the command of the vessel will fall in the event of 
incapacity of the master.
    Coast Guard-accepted means that the Coast Guard has officially 
acknowledged in writing that the material or process at issue meets the 
applicable requirements; that the Coast Guard has issued an official 
policy statement listing or describing the material or process as 
meeting the applicable requirements; or that an entity acting on behalf 
of the Coast Guard under a Memorandum of Agreement has determined that 
the material or process meets the applicable requirements.
    Coastwise seagoing vessel means a vessel that is authorized by its 
Certificate of Inspection to proceed beyond the Boundary Line 
established in part 7 of this chapter.
    Competent person as used in part 13 only, means a person designated 
as such under 29 CFR 1915.7.
    Conviction means that the applicant for a merchant mariner 
credential has been found guilty, by judgment or plea by a court of 
record of the United States, the District of Columbia, any State, 
territory, or possession of the United States, a foreign country, or 
any military court, of a criminal felony or misdemeanor or of an 
offense described in section 205 of the National Driver Register Act of 
1982, as amended (49 U.S.C. 30304). If an applicant pleads guilty or no 
contest, is granted deferred adjudication, or is required by the court 
to attend classes, make contributions of time or money, receive 
treatment, submit to any manner of probation or supervision, or forgo 
appeal of a trial court's conviction, then the Coast Guard will 
consider the applicant to have received a conviction. A later 
expungement of the conviction will not negate a conviction unless the 
Coast Guard is satisfied that the expungement is based upon a showing 
that the court's earlier conviction was in error.
    Credential means any or all of the following:
    (1) Merchant mariner's document.
    (2) Merchant mariner's license.
    (3) STCW endorsement.
    (4) Certificate of registry.
    (5) Merchant mariner credential.
    Criminal record review means the process or action taken by the 
Coast Guard to determine whether an applicant for, or holder of, a 
credential is a safe and suitable person to be issued such a credential 
or to be employed on a vessel under the authority of such a credential.
    Dangerous drug means a narcotic drug, a controlled substance, or a 
controlled-substance analogue (as defined in section 102 of the 
Comprehensive Drug Abuse and Control Act of 1970 (21 U.S.C. 802)).
    Dangerous liquid or DL means a liquid listed in 46 CFR 153.40 of 
this chapter that is not a liquefied gas as defined in this part. 
Liquid cargoes in bulk listed in 46 CFR part 153, table 2, of this 
chapter are not dangerous-liquid cargoes when carried by non-oceangoing 
barges.
    Day means, for the purpose of complying with the service 
requirements of this subchapter, eight hours of watchstanding or day-
working not to include overtime. On vessels where a 12-hour working day 
is authorized and practiced, each work day may be creditable as one and 
one-half days of service. On vessels of less than 100 gross register 
tons, a day is considered as eight hours unless the Coast Guard 
determines that the vessel's operating schedule makes this criteria 
inappropriate, in no case will this period be less than four hours. 
When computing service required for MODU endorsements, a day is a 
minimum of four hours, and no additional credit is received for periods 
served over eight hours.
    Deck crew (excluding individuals serving under their officer 
endorsement) means, as used in 46 U.S.C. 8702, only the following 
members of the deck department: able seamen, boatswains, and ordinary 
seamen.
    Designated areas means those areas within pilotage waters for which 
first class pilot's endorsements are issued under part 11, subpart G, 
of this chapter, by the Officer in Charge, Marine Inspection (OCMI). 
The areas for which first class pilot's endorsements are issued within 
a particular Marine Inspection Zone and the specific requirements to 
obtain them may be obtained from the OCMI concerned.
    Designated duty engineer or DDE means a qualified engineer, who may 
be the sole engineer on vessels with a periodically unattended engine 
room.
    Designated examiner means a person who has been trained or 
instructed in techniques of training or assessment and is otherwise 
qualified to evaluate whether an applicant has achieved the level of 
competence required to hold a merchant mariner credential (MMC) 
endorsement. This person may be designated by the Coast Guard or by a 
Coast Guard-approved or accepted program of training or assessment. A 
faculty member employed or instructing in a navigation or engineering 
course at the U.S. Merchant Marine Academy or at a State maritime 
academy operated under 46 CFR part 310 is qualified to serve as a 
designated examiner in his or her area(s) of specialization without 
individual evaluation by the Coast Guard.
    Directly supervised, only when referring to issues related to 
tankermen, means being in the direct line of sight of the person-in-
charge or maintaining direct, two-way communications by a convenient, 
reliable means, such as a predetermined working frequency over a 
handheld radio.
    Disabled vessel means a vessel that needs assistance, whether 
docked, moored, anchored, aground, adrift, or underway, but does not 
mean a barge or any other vessel not regularly operated under its own 
power.
    Drug test means a chemical test of an individual's urine for 
evidence of dangerous drug use.
    Employment assigned to is the total period a person is assigned to 
work on MODUs, including time spent ashore as part of normal crew 
rotation.
    Endorsement is a statement of a mariner's qualifications, which may 
include the categories of officer, staff officer, ratings, and/or STCW 
appearing on a merchant mariner credential.
    Entry-level mariner means those mariners holding no rating other 
than ordinary seaman, wiper, or steward's department (F.H.)
    Evaluation means processing an application, from the point of 
receipt to approval or rejection of the application, including review 
of all documents and records submitted with an application as well as 
those obtained from public records and databases.
    Fails a chemical test for dangerous drugs means that the result of 
a chemical test conducted under 49 CFR part 40 was reported as 
``positive'' by a Medical Review Officer because the chemical test 
indicated the presence of a dangerous drug at a level equal to or 
exceeding the levels established in 49 CFR part 40.
    First assistant engineer means the engineer officer next in 
seniority to the chief engineer and upon whom the responsibility for 
the mechanical propulsion of the vessel will fall in the event of the 
incapacity of the chief engineer.
    Great Lakes for the purpose of calculating service requirements for 
an officer endorsement, means the Great Lakes and their connecting and 
tributary waters including the Calumet River as far as the Thomas J. 
O'Brien Lock and Controlling Works (between mile 326 and 327), the 
Chicago River as far as the

[[Page 11218]]

east side of the Ashland Avenue Bridge (between mile 321 and 322), and 
the Saint Lawrence River as far east as the lower exit of Saint Lambert 
Lock. For purposes of requiring merchant mariner credentials with 
rating endorsements, the connecting and tributary waters are not part 
of the Great Lakes.
    Harbor assist means the use of a towing vessel during maneuvers to 
dock, undock, moor, or unmoor a vessel, or to escort a vessel with 
limited maneuverability.
    Horsepower means, for the purpose of this subchapter, the total 
maximum continuous shaft horsepower of all the vessel's main propulsion 
machinery.
    IMO means the International Maritime Organization.
    Inland waters means the navigable waters of the United States 
shoreward of the Boundary Lines as described in part 7 of this chapter, 
excluding the Great Lakes, and, for towing vessels, excluding the 
Western Rivers. For establishing credit for sea service, the waters of 
the Inside Passage between Puget Sound and Cape Spencer, Alaska, are 
inland waters.
    Invalid credential means a merchant mariner credential, merchant 
mariner's document, merchant mariner's license, STCW endorsement, or 
certificate of registry that has been suspended or revoked, or has 
expired.
    Large passenger vessel means a vessel of more than 70,000 gross 
tons, as measured under 46 U.S.C. 14302 and documented under the laws 
of the United States, with capacity for at least 2,000 passengers and a 
coastwise endorsement under 46 U.S.C. chapter 121.
    Liquefied gas or LG means a cargo that has a vapor pressure of 172 
kPa (25 psia) or more at 37.8 [deg]C (100 [deg]F).
    Liquid cargo in bulk means a liquid or liquefied gas listed in 
Sec.  153.40 of this chapter and carried as a liquid cargo or liquid-
cargo residue in integral, fixed, or portable tanks, except a liquid 
cargo carried in a portable tank actually loaded and discharged from a 
vessel with the contents intact.
    Lower level is used as a category of deck and engineer officer 
endorsements established for assessment of fees. Lower-level officer 
endorsements are other than those defined as upper level, for which the 
requirements are listed in subparts D, E, and G of part 11.
    Marine chemist means a person certificated by the National Fire 
Protection Association.
    Master means the officer having command of a vessel.
    Mate means a qualified officer in the deck department other than 
the master.
    Merchant mariner credential or MMC means the credential issued by 
the Coast Guard under 46 CFR part 10. It combines the individual 
merchant mariner's document, license, and certificate of registry 
enumerated in 46 U.S.C. subtitle II part E as well as the STCW 
endorsement into a single credential that serves as the mariner's 
qualification document, certificate of identification, and certificate 
of service.
    MMC application means the application for the MMC, as well as the 
application for any endorsement on an MMC.
    Mobile offshore drilling unit or MODU means a vessel capable of 
engaging in drilling operations for the exploration for or exploitation 
of subsea resources. MODU designs include the following:
    (1) Bottom bearing units, which include:
    (i) Self-elevating (or jack-up) units with moveable, bottom bearing 
legs capable of raising the hull above the surface of the sea; and
    (ii) Submersible units of ship-shape, barge-type, or novel hull 
design, other than a self-elevating unit, intended for operating while 
bottom bearing.
    (2) Surface units with a ship-shape or barge-type displacement hull 
of single or multiple hull construction intended for operating in a 
floating condition, including semi-submersibles and drill ships.
    Month means 30 days, for the purpose of complying with the service 
requirements of this subchapter.
    National Driver Register or NDR means the nationwide repository of 
information on drivers maintained by the National Highway Traffic 
Safety Administration under 49 U.S.C. chapter 303.
    NDR-listed convictions means a conviction of any of the following 
motor vehicle-related offenses or comparable offenses:
    (1) Operating a motor vehicle while under the influence of, or 
impaired by, alcohol or a controlled substance; or
    (2) A traffic violation arising in connection with a fatal traffic 
accident, reckless driving, or racing on the highways.
    Near coastal means ocean waters not more than 200 miles offshore.
    Non-resident alien means an alien, as defined under Section 
101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.) (the Act), who is not lawfully admitted for permanent residence, 
as defined by Section 101(a)(20) of the Act, but who is employable in 
the United States under the Act and its implementing regulations, 
including an alien crewman described in section 101(a)(15)(D)(i) of the 
Act who meets the requirements of 46 U.S.C. 8103(k)(3)(A).
    Oceans means the waters seaward of the Boundary Lines as described 
in 46 CFR part 7. For the purposes of establishing sea service credit, 
the waters of the Inside Passage between Puget Sound and Cape Spencer, 
Alaska, are not considered oceans.
    Officer endorsement means an annotation on a merchant mariner 
credential that allows a mariner to serve in the capacities in Sec.  
10.109(a). The officer endorsement serves as the license and/or 
certificate of registry pursuant to 46 U.S.C. subtitle II part E.
    Officer in Charge, Marine Inspection or OCMI means, for the 
purposes of this subchapter, the individual so designated at one of the 
Regional Examination Centers, or any person designated as such by the 
Commandant.
    Offshore installation manager or OIM means an officer restricted to 
service on MODUs. An assigned offshore installation manager is 
equivalent to a master on a conventional vessel and is the person 
designated by the owner or operator to be in complete and ultimate 
command of the unit.
    On location means that a mobile offshore drilling unit is bottom 
bearing or moored with anchors placed in the drilling configuration.
    Operate, operating, or operation, as applied to the manning 
requirements of vessels carrying passengers, refers to a vessel any 
time passengers are embarked whether the vessel is underway, at anchor, 
made fast to shore, or aground.
    Operator means an individual qualified to operate certain 
uninspected vessels.
    Orally assisted examination means an examination as described in 
part 11, subpart I of this chapter verbally administered and documented 
by an examiner.
    Participation, when used with regard to the service on transfers 
required for tankerman by Sec. Sec.  13.120, 13.203, or 13.303 of this 
chapter, means either actual participation in the transfers or close 
observation of how the transfers are conducted and supervised.
    Passes a chemical test for dangerous drugs means that the result of 
a chemical test conducted according to 49 CFR part 40 is reported as 
``negative'' by a Medical Review Officer according to that part.
    PIC means a person in charge.
    Pilot of towing vessels means a qualified officer of a towing 
vessel operated only on inland routes.
    Pilotage waters means the navigable waters of the United States, 
including all inland waters and offshore waters to

[[Page 11219]]

a distance of three nautical miles from the baseline from which the 
Territorial Sea is measured.
    Practical demonstration means the performance of an activity under 
the direct observation of a designated examiner for the purpose of 
establishing that the performer is sufficiently proficient in a 
practical skill to meet a specified standard of competence or other 
objective criterion.
    Qualified instructor means a person who has been trained or 
instructed in instructional techniques and is otherwise qualified to 
provide required training to candidates for a merchant mariner 
credential endorsement. A faculty member employed at a State maritime 
academy or the U.S. Merchant Marine Academy operated under 46 CFR part 
310 and instructing in a navigation or engineering course is qualified 
to serve as a qualified instructor in his or her area of specialization 
without individual evaluation by the Coast Guard.
    Qualified rating means various categories of able seaman, qualified 
member of the engine department, lifeboatman, or tankerman endorsements 
formerly issued on merchant mariner's documents.
    Raise of grade means an increase in the level of authority and 
responsibility associated with an officer or rating endorsement.
    Rating endorsement is an annotation on a merchant mariner 
credential that allows a mariner to serve in those capacities set out 
in Sec.  10.109(b) and (c). The rating endorsement serves as the 
merchant mariner's document pursuant to 46 U.S.C. subtitle II part E.
    Regional examination center or REC means a Coast Guard office that 
issues merchant mariners' credentials and endorsements.
    Restricted tankerman endorsement means a valid tankerman 
endorsement on a merchant mariner credential restricting its holder as 
the Coast Guard deems appropriate. For instance, the endorsement may 
restrict the holder to one or a combination of the following: A 
specific cargo or cargoes; a specific vessel or vessels; a specific 
facility or facilities; a specific employer or employers; a specific 
activity or activities (such as loading or unloading in a cargo 
transfer); or a particular area of water.
    Rivers means a river, canal, or other similar body of water 
designated as such by the Coast Guard.
    Safe and suitable person means a person whose prior record, 
including but not limited to criminal record and/or NDR record, 
provides no information indicating that his or her character and habits 
of life would support the belief that permitting such a person to serve 
under the MMC and/or endorsement sought would clearly be a threat to 
the safety of life or property, detrimental to good discipline, or 
adverse to the interests of the United States. See 46 CFR 10.211 and 
10.213 for the regulations associated with this definition.
    Self propelled has the same meaning as the terms ``propelled by 
machinery'' and ``mechanically propelled.'' This term includes vessels 
fitted with both sails and mechanical propulsion.
    Self-propelled tank vessel means a self-propelled tank vessel, 
other than a tankship.
    Senior company official means the president, vice president, vice 
president for personnel, personnel director, or similarly titled or 
responsible individual, or a lower-level employee designated in writing 
by one of these individuals for the purpose of certifying employment 
and whose signature is on file at the REC at which application is made.
    Service as, used when computing the required service for MODU 
endorsements, means the time period, in days, a person is assigned to 
work on MODUs, excluding time spent ashore as part of crew rotation. A 
day is a minimum of four hours, and no additional credit is received 
for periods served over eight hours.
    Simulated transfer means a transfer practiced in a course meeting 
the requirements of Sec.  13.121 of this chapter that uses simulation 
supplying part of the service on transfers required for tankerman by 
Sec.  13.203 or 13.303 of this chapter.
    Staff officer means a person who holds an MMC with an officer 
endorsement listed in Sec.  10.109(a)(31).
    Standard of competence means the level of proficiency to be 
achieved for the proper performance of duties onboard vessels according 
to national and international criteria.
    Steward's department means the department that includes 
entertainment personnel and all service personnel, including wait 
staff, housekeeping staff, and galley workers, as defined in the vessel 
security plan approved by the Secretary under 46 U.S.C. 70103(c). These 
personnel may also be referred to as members of the hotel department on 
a large passenger vessel.
    STCW means the International Convention on Standards of Training, 
Certification and Watchkeeping for Seafarers, 1978, as amended 1995 
(incorporated by reference in Sec.  10.103).
    STCW Code means the Seafarer's Training, Certification and 
Watchkeeping Code, as amended 1995 (incorporated by reference in Sec.  
10.103).
    STCW endorsement means an annotation on a merchant mariner 
credential that allows a mariner to serve in those capacities under 
Sec.  10.109(d). The STCW endorsement serves as evidence that a mariner 
has met the requirements of STCW.
    Tank barge means a non-self-propelled tank vessel.
    Tank vessel means a vessel that is constructed or adapted to carry, 
or that carries, oil or hazardous material in bulk as cargo or cargo 
residue, and that:
    (1) Is a vessel of the United States;
    (2) Operates on the navigable waters of the United States; or
    (3) Transfers oil or hazardous material in a port or place subject 
to the jurisdiction of the United States.
    Tankerman assistant means a person holding a valid ``Tankerman-
Assistant'' endorsement to his or her merchant mariner credential.
    Tankerman engineer means a person holding a valid ``Tankerman-
Engineer'' endorsement to his or her merchant mariner credential.
    Tankerman PIC means a person holding a valid ``Tankerman-PIC'' 
endorsement on his or her merchant mariner credential.
    Tankerman PIC (Barge) means a person holding a valid ``Tankerman-
PIC (Barge)'' endorsement to his or her merchant mariner credential.
    Tankship means any tank vessel constructed or adapted primarily to 
carry oil or hazardous material in bulk as cargo or as cargo residue 
and propelled by power or sail.
    Transfer means any movement of dangerous liquid or liquefied gas as 
cargo in bulk or as cargo residue to, from, or within a vessel by means 
of pumping, gravitation, or displacement. Section 13.127 of this 
chapter describes what qualifies as participation in a creditable 
transfer.
    Transportation Worker Identification Credential or TWIC means an 
identification credential issued by the Transportation Security 
Administration under 49 CFR part 1572.
    Underway means that a vessel is not at anchor, made fast to the 
shore, or aground. When referring to a mobile offshore drilling unit 
(MODU), underway means that the MODU is not in an on-location or laid-
up status and includes that period of time when the MODU is deploying 
or recovering its mooring system.
    Undocumented vessel means a vessel not required to have a 
certificate of documentation issued under the laws of the United 
States.
    Upper level is used as a category of deck and engineer officer 
endorsements

[[Page 11220]]

established for assessment of fees. Upper-level endorsements are those 
for which the requirements are listed in Sec. Sec.  11.404 to 11.407 of 
this subchapter and Sec. Sec.  11.510, 11.512, 11.514, and 11.516 of 
this subchapter.
    Vessel Security Officer (VSO) means a person onboard the vessel 
accountable to the Master, designated by the Company as responsible for 
security of the vessel, including implementation and maintenance of the 
Vessels Security Plan, and for liaison with the Facility Security 
Officer and the vessel's Company Security Officer.
    Western rivers means the Mississippi River, its tributaries, South 
Pass, and Southwest Pass, to the navigational demarcation lines 
dividing the high seas from harbors, rivers, and other inland waters of 
the United States, and the Port Allen-Morgan City Alternate Route, and 
that part of the Atchafalaya River above its junction with the Port 
Allen-Morgan City Alternate Route including the Old River and the Red 
River, and those waters specified in 33 CFR 89.25.
    Year means 360 days for the purpose of complying with the service 
requirements of this subchapter.


Sec.  10.109  Classification of endorsements.

    (a) The following officer endorsements are established in part 11 
of this subchapter. The endorsements indicate that an individual 
holding a valid MMC with this endorsement is qualified to serve in that 
capacity and the endorsement has been issued under the requirements 
contained in part 11 of this subchapter:
    (1) Master;
    (2) Chief mate;
    (3) Second mate;
    (4) Third mate;
    (5) Mate;
    (6) Master of towing vessel;
    (7) Mate (pilot) of towing vessel;
    (8) Apprentice mate (Steersman);
    (9) Offshore installation manager (OIM);
    (10) Barge supervisor (BS);
    (11) Ballast control operator (BCO);
    (12) Operator of uninspected passenger vessels (OUPV);
    (13) Master of uninspected fishing industry vessels;
    (14) Mate of uninspected fishing industry vessels;
    (15) Master of offshore supply vessels;
    (16) Chief mate of offshore supply vessels;
    (17) Mate of offshore supply vessels;
    (18) Chief engineer;
    (19) Chief engineer (limited);
    (20) Chief engineer (limited-ocean);
    (21) Chief engineer (limited-near-coastal);
    (22) First assistant engineer;
    (23) Second assistant engineer;
    (24) Third assistant engineer;
    (25) Assistant engineer (limited);
    (26) Designated duty engineer (DDE);
    (27) Chief engineer offshore supply vessel;
    (28) Engineer offshore supply vessel;
    (29) Chief engineer MODU;
    (30) Assistant engineer MODU;
    (31) Chief engineer uninspected fishing industry vessels;
    (32) Assistant engineer uninspected fishing industry vessels;
    (33) Radio officer;
    (34) First class pilot
    (35) Chief purser;
    (36) Purser;
    (37) Senior assistant purser;
    (38) Junior assistant purser;
    (39) Medical doctor;
    (40) Professional nurse;
    (41) Marine physician assistant;
    (42) Hospital corpsman; and
    (43) Radar observer.
    (b) The following rating endorsements are established in part 12 of 
this subchapter. The endorsements indicate that an individual holding a 
valid MMC with this endorsement is qualified to serve in that capacity 
and the endorsement has been issued under the requirements contained in 
part 12 of this subchapter:
    (1) Able seaman:
    (i) Any waters, unlimited;
    (ii) Limited;
    (iii) Special; and
    (iv) Special (OSV).
    (2) Ordinary seaman.
    (3) Qualified member of the engine department (QMED):
    (i) Refrigerating engineer;
    (ii) Oiler;
    (iii) Deck engineer;
    (iv) Fireman/Watertender;
    (v) Junior engineer;
    (vi) Electrician;
    (vii) Machinist;
    (viii) Pumpman;
    (ix) Deck engine mechanic; and
    (x) Engineman.
    (4) Lifeboatman.
    (5) Wiper.
    (6) Steward's department
    (7) Steward's department (F.H.).
    (8) Cadet.
    (9) Student observer.
    (10) Apprentice engineer.
    (11) Apprentice mate.
    (c) The following ratings are established in part 13 of this 
subchapter. The endorsements indicate that an individual holding a 
valid MMC with this endorsement is qualified to serve in that capacity 
and the endorsement has been issued under the requirements contained in 
part 13 of this subchapter:
    (1) Tankerman PIC.
    (2) Tankerman PIC (Barge).
    (3) Restricted tankerman PIC.
    (4) Restricted tankerman PIC (Barge).
    (5) Tankerman assistant.
    (6) Tankerman engineer.
    (d) The following STCW endorsements are established by STCW and 
issued according to the STCW Code, STCW Convention and parts 11 and 12 
of this subchapter. The endorsements indicate that an individual 
holding a valid MMC with this endorsement is qualified to serve in that 
capacity and the endorsement has been issued under the requirements 
contained in parts 11 or 12 of this subchapter as well as the STCW Code 
and STCW Convention (incorporated by reference see Sec.  10.103):
    (1) Master.
    (2) Chief mate.
    (3) Officer in charge of a navigational watch (OICNW).
    (4) Chief engineer.
    (5) Second engineer officer.
    (6) Officer in charge of an engineering watch in a manned 
engineroom or designated duty engineer in a periodically unmanned 
engineroom (OICEW).
    (7) Rating forming part of a navigational watch (RFPNW).
    (8) Rating forming part of a watch in a manned engineroom or 
designated to perform duties in a periodically unmanned engineroom 
(RFPEW).
    (9) Proficiency in survival craft and rescue boats other than fast 
rescue boats (PSC).
    (10) Proficiency in fast rescue boats.
    (11) Person in charge of medical care.
    (12) Medical first aid provider.
    (13) GMDSS at-sea maintainer.
    (14) GMDSS operator.

Subpart B--General Requirements for All Merchant Mariner 
Credentials


Sec.  10.201  General characteristics of the merchant mariner 
credential.

    (a) A merchant mariner credential (MMC) (Coast Guard Form CG-4610), 
is a credential combining the elements of the merchant mariner's 
document (MMD), merchant mariner's license (license), and certificate 
of registry (COR) enumerated in 46 U.S.C. subtitle II part E as well as 
the STCW endorsement issued pursuant to the STCW Convention and STCW 
Code incorporated by reference in Sec.  10.103. MMDs, licenses, STCW 
endorsements and CORs are no longer issued as separate documents and 
all qualifications formerly entered on those separate documents appear 
in the form of an endorsement(s) on an MMC.
    (b) An MMC authorizes the holder to serve in any capacity endorsed 
thereon, or in any lower capacity in the same

[[Page 11221]]

department, or in any capacity covered by a general endorsement.
    (c) An MMC may be issued to qualified applicants by the National 
Maritime Center or at any Regional Examination Center during usual 
business hours, or through the mail.


Sec.  10.203  Requirement to hold a TWIC and a merchant mariner 
credential.

    (a) Any mariner required to hold a license, MMD, COR, and/or an 
STCW endorsement by a regulation in 33 CFR chapter I or 46 CFR chapter 
I must hold an MMC. A mariner may continue to serve under the authority 
of and within any restriction on their license, MMD, COR, and/or STCW 
endorsement until the first renewal or upgrade of that credential, but 
not later than April 15, 2014.
    (b) Failure to obtain or hold a valid TWIC serves as a basis for 
the denial of an application for an original, renewal, new endorsement, 
duplicate, or raise of grade of a mariner's credential and may serve as 
a basis for suspension and revocation under 46 U.S.C. 7702 and 7703.
    (c) An MMC, license, MMD, COR, or STCW endorsement must be retained 
by the mariner to whom it was issued and, while valid, must be produced 
to verify qualifications when requested by an authorized official as 
identified in 33 CFR 101.515(d). Posting of the officer endorsement may 
be necessary as required in 46 U.S.C. 7110.
    (d) Although an MMD and an MMC serve as certificates of 
identification, a TWIC must be retained by the mariner to whom it was 
issued and, while valid, serves as the mariner's primary identification 
document. The TWIC must be produced to verify identity when required by 
an authorized official as identified in 33 CFR 101.515(d).


Sec.  10.205  Validity of a merchant mariner credential.

    (a) An MMC is valid for a term of five years from the date of 
issuance.
    (b) All endorsements are valid until the expiration date of the MMC 
on which they appear.
    (c) A mariner may not serve under the authority of an MMC past its 
expiration date. An expired MMC may be renewed during an administrative 
grace period of up to one year beyond its expiration date as per Sec.  
10.227(f) of this part.
    (d) When an MMC is renewed or re-issued before its expiration date 
in accordance with Sec.  10.227, the MMC that has been replaced becomes 
invalid.
    (e) An MMC is not valid until signed by the applicant and a duly 
authorized Coast Guard official.
    (f) A mariner's STCW endorsement is valid only when the related 
officer or rating endorsement is valid.
    (g) A mariner's endorsements authorize the holder to serve in any 
capacity endorsed on the MMC, or in any lower capacity in the same 
department, or in any capacity covered by a general endorsement 
thereon.
    (h) If a mariner chooses to renew his or her license, MMD, COR, or 
STCW endorsement and receive their first MMC, the Coast Guard may also 
renew all other credentials for which the mariner is qualified.


Sec.  10.207  Identification number.

    For recordkeeping purposes only, a mariner's official MMC 
identification number is the individual's social security number. 
However, a unique serial number, and not the social security number, 
will appear on the credential.


Sec.  10.209  General application procedures.

    (a) The applicant for an MMC, whether original, renewal, duplicate, 
raise of grade, or a new endorsement on a previously issued MMC, must 
establish to the Coast Guard that he or she satisfies all the 
requirements for the MMC and endorsement(s) sought before the Coast 
Guard will issue the MMC. This section contains the general 
requirements for all applicants. Additional requirements for 
duplicates, renewals, new endorsements, and raises of grade appear 
later in this part.
    (b) The Coast Guard may refuse to process an incomplete MMC 
application. The requirements for a complete application for an 
original MMC are contained in Sec.  10.225, the requirements for a 
renewal MMC application are in Sec.  10.227, the requirements for a 
duplicate MMC application are contained in Sec.  10.229, and the 
requirements for an application for a new endorsement or raise of grade 
are contained in Sec.  10.231.
    (c) Applications are valid for 12 months from the date that the 
Coast Guard approves the application.
    (d) The portions of the application that may be submitted by mail, 
fax, or other electronic means may include:
    (1) The application, consent for NDR check, and notarized oath on 
Coast Guard-furnished forms, and the evaluation fee required by Sec.  
10.219 of this part;
    (2) The applicant's continuous discharge book, certificate of 
identification, MMD, MMC, license, STCW endorsement, COR, or, if it has 
not expired, a photocopy of the credential, including the back and all 
attachments;
    (3) Proof, documented on a form provided by the Coast Guard, that 
the applicant passed the applicable vision, hearing, medical or 
physical exam as required by Sec.  10.215 of this part;
    (4) If the applicant desires a credential with a radar-observer 
endorsement in accordance with Sec.  11.480 of this chapter, either the 
radar-observer certificate or a certified copy;
    (5) Evidence of, or acceptable substitute for, sea service, if 
required;
    (6) For an endorsement as a medical doctor or professional nurse as 
required in Sec.  11.807, evidence that the applicant holds a currently 
valid, appropriate license as physician, surgeon, or registered nurse, 
issued under the authority of a state or territory of the United 
States, the Commonwealth of Puerto Rico, or the District of Columbia. 
Any MMC issued will retain any limitation associated with the medical 
license;
    (7) Any certificates or other supplementary materials required to 
show that the mariner meets the mandatory requirements for the specific 
endorsement sought, as established in parts 11, 12 or 13 of this 
chapter; and
    (8) An open-book exercise, in accordance with Sec.  10.227(d)(8)(i) 
of this part.
    (e) The following requirements must be satisfied before an original 
or renewal MMC, or new endorsement or a raise of grade added to a 
previously issued MMC, will be issued. These materials will be added to 
the individual's record by the Coast Guard:
    (1) Determination of safety and suitability. No MMC will be issued 
as an original or reissued with a new expiration date, and no new 
officer endorsement will be issued if the applicant fails the criminal 
record review as set forth in Sec.  10.211 of this part;
    (2) NDR review. No MMC will be issued as an original or reissued 
with a new expiration date, and no new officer endorsement will be 
issued until the applicant has passed an NDR review as set forth in 
Sec.  10.213 of this part; and
    (3) Information supplied by the Transportation Security 
Administration (TSA). (i) Beginning on April 15, 2009, no MMC or 
endorsement will be issued until the Coast Guard receives the following 
information from the applicant's TWIC application: the applicant's 
fingerprints, FBI number and criminal record (if applicable), 
photograph, proof of United States citizenship, or Nationality with 
proof of legal resident status (if applicable). If the information is 
not available from TSA, the mariner may be required to

[[Page 11222]]

visit a Regional Exam Center to provide this information.
    (ii) Until April 15, 2009, no application for an MMC or endorsement 
will be considered complete until the applicant appears at a Regional 
Exam Center to provide the following information: the applicant's 
fingerprints, photograph, proof of United States citizenship, or 
Nationality with proof of legal resident status (if applicable).
    (f) Upon determining that the applicant satisfactorily meets all 
requirements for an MMC or an endorsement thereon, the Coast Guard will 
issue the properly endorsed MMC to the applicant. Beginning April 15, 
2009, the Coast Guard will not issue an MMC until it has received proof 
that the mariner holds a valid TWIC.
    (g) When a new MMC is issued, the mariner must return the 
previously issued MMC, license, MMD, COR, or STCW endorsement to the 
Coast Guard, unless the new MMC is being issued to replace a lost or 
stolen credential. Upon written request at the time of application, the 
cancelled, previously issued credential(s) will be returned to the 
applicant.
    (h) Unless otherwise stated in this Part, an applicant who fails a 
chemical test for dangerous drugs will not be issued an MMC.


Sec.  10.211  Criminal record review.

    (a) The Coast Guard may conduct a criminal record review to 
determine the safety and suitability of an applicant for an MMC and any 
endorsements. An applicant conducting simultaneous MMC transactions 
will undergo a single criminal record review. At the time of 
application, each applicant must provide written disclosure of all 
convictions not previously disclosed to the Coast Guard on an 
application.
    (b) A criminal record review is not required for applicants seeking 
a duplicate MMC under Sec.  10.229.
    (c) Fingerprints. Beginning September 25, 208, the Transportation 
Security Administration (TSA) will provide to the Coast Guard the 
applicant's fingerprints submitted by the applicant with his or her 
TWIC application and, if applicable, the applicant's FBI number and 
criminal record generated in the TWIC review process. This information, 
or the fingerprints taken by the Coast Guard at an REC, will be used by 
the Coast Guard to determine whether the applicant has a record of any 
criminal convictions.
    (d) When a criminal record review leads the Coast Guard to 
determine that an applicant is not a safe and suitable person or cannot 
be entrusted with the duties and responsibilities of the MMC or 
endorsement applied for, the application may be disapproved.
    (e) If an application is disapproved, the applicant will be 
notified in writing of that fact, the reason or reasons for 
disapproval, and advised that the appeal procedures in subpart 1.03 of 
part 1 of this chapter apply. No examination will be given pending 
decision on appeal.
    (f) No person who has been convicted of a violation of the 
dangerous drug laws of the United States, the District of Columbia, any 
State, territory, or possession of the United States, or a foreign 
country, by any military or civilian court, is eligible for an MMC, 
except as provided elsewhere in this section. No person who has ever 
been the user of, or addicted to the use of a dangerous drug, or has 
ever been convicted of an offense described in section 205 of the 
National Driver Register Act of 1982, as amended (49 U.S.C. 30304) 
because of addiction to or abuse of alcohol is eligible for an MMC, 
unless he or she furnishes satisfactory evidence of suitability for 
service in the merchant marine as provided in paragraph (l) of this 
section. A conviction for a drug offense more than 10 years before the 
date of application will not alone be grounds for denial.
    (g) The Coast Guard will use table 10.211(g) to evaluate applicants 
who have criminal convictions. The table lists major categories of 
criminal activity and is not to be construed as an all-inclusive list. 
If an applicant is convicted of an offense that does not appear on the 
list, the Coast Guard will establish an appropriate assessment period 
using the list as a guide. The assessment period commences when an 
applicant is no longer incarcerated. The applicant must establish proof 
of the time incarcerated and periods of probation and parole to the 
satisfaction of the Coast Guard. The assessment period may include 
supervised or unsupervised probation or parole.

          Table 10.211(g)--Guidelines for Evaluating Applicants for MMCs Who Have Criminal Convictions
----------------------------------------------------------------------------------------------------------------
                                                                    Assessment periods
                Crime \1\                -----------------------------------------------------------------------
                                                        Minimum                             Maximum
----------------------------------------------------------------------------------------------------------------
                             Assessment Periods for Officer and Rating Endorsements
----------------------------------------------------------------------------------------------------------------
Crimes Against Persons:
    Homicide (intentional)..............  7 years...........................  20 years.
    Homicide (unintentional)............  5 years...........................  10 years.
    Assault (aggravated)................  5 years...........................  10 years.
    Assault (simple)....................  1 year............................  5 years.
    Sexual Assault (rape, child           5 years...........................  10 years.
     molestation).
    Robbery.............................  5 years...........................  10 years.
Other crimes against persons \2\
----------------------------------------------------------------------------------------------------------------
                                                Vehicular Crimes
----------------------------------------------------------------------------------------------------------------
Conviction involving fatality...........  1 year............................  5 years.
Reckless Driving........................  1 year............................  2 years.
Racing on the Highways..................  1 year............................  2 years.
Other vehicular crimes \2\
----------------------------------------------------------------------------------------------------------------
                                          Crimes Against Public Safety
----------------------------------------------------------------------------------------------------------------
Destruction of Property.................  5 years...........................  10 years.
Other crimes against public safety \2\
----------------------------------------------------------------------------------------------------------------

[[Page 11223]]


                                       Dangerous Drug Offenses \3\ \4\ \5\
----------------------------------------------------------------------------------------------------------------
Trafficking (sale, distribution,          5 years...........................  10 years.
 transfer).
Dangerous drugs (Use or possession).....  1 year............................  10 years.
Other dangerous drug convictions \6\
----------------------------------------------------------------------------------------------------------------
                                Assessment Periods for Officer Endorsements Only
----------------------------------------------------------------------------------------------------------------
                                    Criminal Violations of Environmental Laws
----------------------------------------------------------------------------------------------------------------
Criminal violations of environmental      1 year............................  10 years.
 laws involving improper handling of
 pollutants or hazardous materials.
----------------------------------------------------------------------------------------------------------------
                                             Crimes Against Property
----------------------------------------------------------------------------------------------------------------
Burglary................................  3 years...........................  10 years.
Larceny (embezzlement)..................  3 years...........................  5 years.
Other crimes against property \2\
----------------------------------------------------------------------------------------------------------------
\1\ Conviction of attempts, solicitations, aiding and abetting, accessory after the fact, and conspiracies to
  commit the criminal conduct listed in this table carry the same minimum and maximum assessment periods
  provided in the table.
\2\ Other crimes will be reviewed by the Coast Guard to determine the minimum and maximum assessment periods
  depending on the nature of the crime.
\3\ Applicable to original applications only. Any applicant who has ever been the user of, or addicted to the
  use of, a dangerous drug shall meet the requirements of paragraph (f) of this section. Note: Applicants for
  reissue of an MMC with a new expiration date including a renewal or additional endorsement(s), who have been
  convicted of a dangerous drug offense while holding a license, MMC, MMD, STCW endorsement or COR, may have
  their application withheld until appropriate action has been completed by the Coast Guard under the
  regulations which appear in 46 CFR part 5 governing the administrative actions against merchant mariner
  credentials.
\4\ The Coast Guard may consider dangerous drug convictions more than 10 years old only if there has been
  another dangerous drug conviction within the past 10 years.
\5\ Applicants must demonstrate rehabilitation under paragraph (l) of this section, including applicants with
  dangerous drug use convictions more than 10 years old.
\6\ Other dangerous drug convictions will be reviewed by the Coast Guard on a case by case basis to determine
  the appropriate assessment period depending on the nature of the offense.

    (h) When an applicant has convictions for more than one offense, 
the minimum assessment period will be the longest minimum in table 
10.211(g) and table 10.213(c) in Sec.  10.213 based upon the 
applicant's convictions; the maximum assessment period will be the 
longest shown in table 10.211(g) and table 10.213(c) of Sec.  10.213 
based upon the applicant's convictions.
    (i) If a person with a criminal conviction applies before the 
minimum assessment period shown in table 10.211(g) or established by 
the Coast Guard under paragraph (g) of this section has elapsed, then 
the applicant must provide, as part of the application package, 
evidence of suitability for service in the merchant marine. Factors 
that are evidence of suitability for service in the merchant marine are 
listed in paragraph (l) of this section. The Coast Guard will consider 
the applicant's evidence submitted with the application and may issue 
the MMC and/or endorsement in less than the listed minimum assessment 
period if the Coast Guard is satisfied that the applicant is suitable 
to hold the MMC and/or endorsement for which he or she has applied. If 
an application filed before the minimum assessment period has elapsed 
does not include evidence of suitability for service in the merchant 
marine, then the application will be considered incomplete and will not 
be processed by the Coast Guard.
    (j) If a person with a criminal conviction submits their MMC 
application during the time between the minimum and maximum assessment 
periods shown in table 10.211(g) or established by the Coast Guard 
under paragraph (g) of this section, then the Coast Guard will consider 
the conviction and, unless there are offsetting factors, will grant the 
applicant the MMC and/or endorsement for which he or she has applied. 
Offsetting factors include such factors as multiple convictions, 
failure to comply with court orders (e.g., child support orders), 
previous failures at rehabilitation or reform, inability to maintain 
steady employment, or any connection between the crime and the safe 
operation of a vessel. If the Coast Guard considers the applicant 
unsuitable for service in the merchant marine at the time of 
application, the Coast Guard may disapprove the application.
    (k) If a person with a criminal conviction submits their MMC 
application after the maximum assessment period shown in table 
10.211(g) or established by the Coast Guard under paragraph (g) of this 
section has elapsed, then the Coast Guard will grant the applicant the 
MMC or endorsement for which he or she has applied unless the Coast 
Guard considers the applicant still unsuitable for service in the 
merchant marine. If the Coast Guard disapproves an applicant with a 
conviction older than the maximum assessment period listed in table 
10.211(g), the Coast Guard will notify the applicant in writing of the 
reason(s) for the disapproval. The Coast Guard will also inform the 
applicant, in writing, that the reconsideration and appeal procedures 
contained in subpart 1.03 of this chapter apply.
    (l) If an applicant has one or more alcohol or dangerous drug 
related criminal or NDR-listed convictions, if the applicant has ever 
been the user of, or addicted to the use of, a dangerous drug, or if 
the applicant applies before the minimum assessment period has elapsed 
for his or her conviction, the Coast Guard may consider the following

[[Page 11224]]

factors, as applicable, in assessing the applicant's suitability to 
hold an MMC. This list is intended as a guide for the Coast Guard. The 
Coast Guard may consider other factors appropriate to a particular 
applicant, such as:
    (1) Proof of completion of an accredited alcohol or drug abuse 
rehabilitation program;
    (2) Active membership in a rehabilitation or counseling group, such 
as Alcoholics Anonymous or Narcotics Anonymous;
    (3) Character references from persons who can attest to the 
applicant's sobriety, reliability, and suitability for employment in 
the merchant marine including parole or probation officers;
    (4) Steady employment; and
    (5) Successful completion of all conditions of parole or probation.


Sec.  10.213  National Driver Register.

    (a) No MMC will be issued as an original or reissued with a new 
expiration date, and no new officer endorsement will be issued, unless 
the applicant consents to a check of the NDR for offenses described in 
section 205(a)(3)(A) or (B) of the NDR Act (i.e., operation of a motor 
vehicle while under the influence of, or impaired by, alcohol or a 
controlled substance; and any traffic violations arising in connection 
with a fatal traffic accident, reckless driving, or racing on the 
highways).
    (b) The Coast Guard will not consider NDR-listed civil convictions 
that are more than three years old from the date of request unless that 
information relates to a current suspension or revocation of the 
applicant's license to operate a motor vehicle. The Coast Guard may 
determine minimum and maximum assessment periods for NDR-listed 
criminal convictions using table 10.213(c). An applicant conducting 
simultaneous MMC transactions is subject to only one NDR check.
    (c) The guidelines in table 10.213(c) will be used by the Coast 
Guard in evaluating applicants who have drug or alcohol related NDR-
listed convictions. Non-drug or alcohol related NDR-listed convictions 
will be evaluated by the Coast Guard under table 10.211(g) of Sec.  
10.211 as applicable. The Coast Guard will consider non-drug or alcohol 
related NDR-listed convictions that are more than three years old from 
the date of the request when the information relates to a current 
suspension or revocation of the applicant's license to operate a motor 
vehicle.

 Table 10.213(c)--Guidelines for Evaluating Applicants for MMCs Who Have
 NDR Motor Vehicle Convictions Involving Dangerous Drugs or Alcohol \1\
------------------------------------------------------------------------
                                     Date of
     Number of convictions          conviction       Assessment period
------------------------------------------------------------------------
1.............................  Less than 1 year.  1 year from date of
                                                    conviction.
1.............................  More than 1, less  Application will be
                                 than 3 years.      processed, unless
                                                    suspension, or
                                                    revocation \2\ is
                                                    still in effect.
                                                    Applicant will be
                                                    advised that
                                                    additional
                                                    conviction(s) may
                                                    jeopardize merchant
                                                    mariner credentials.
1.............................  More than 3 years  Not necessary unless
                                 old.               suspension or
                                                    revocation is still
                                                    in effect.
2 or more.....................  Any less than 3    1 year since last
                                 years old.         conviction and at
                                                    least 3 years from
                                                    2nd most recent
                                                    conviction, unless
                                                    suspension or
                                                    revocation is still
                                                    in effect.
2 or more.....................  All more than 3    Application will be
                                 years old.         processed unless
                                                    suspension or
                                                    revocation is still
                                                    in effect.
------------------------------------------------------------------------
\1\ Any applicant who has ever been the user of, or addicted to the use
  of, a dangerous drug shall meet the requirements of paragraph (a) of
  this section.
\2\ Suspension or revocation, when referred to in table 10.213, means a
  State suspension or revocation of a motor vehicle operator's license.

    (d) Any application may be disapproved if information from the NDR 
check leads the Coast Guard to determine that the applicant cannot be 
entrusted with the duties and responsibilities of the MMC or 
endorsement for which the application is made. If an application is 
disapproved, the Coast Guard will notify the applicant in writing of 
the reason(s) for disapproval and advise the applicant that the appeal 
procedures in subpart 1.03 of part 1 of this chapter apply. No 
examination will be given pending decision on appeal.
    (e) Before disapproving an application because of information 
received from the NDR, the Coast Guard will make the information 
available to the applicant for review and written comment. The 
applicant may submit records from the applicable State concerning 
driving record and convictions to the Coast Guard REC processing the 
application. The REC will hold an application with NDR-listed 
convictions pending the completion of the evaluation and delivery by 
the individual of the underlying State records.
    (f) If an applicant has one or more alcohol or dangerous drug 
related criminal or NDR-listed convictions, if the applicant has ever 
been the user of, or addicted to the use of, a dangerous drug, or if 
the applicant applies before the minimum assessment period for his or 
her conviction has elapsed, the Coast Guard may consider the following 
factors, as applicable, in assessing the applicant's suitability to 
hold an MMC. This list is intended as a guide for the Coast Guard. The 
Coast Guard may consider other factors, which it judges appropriate to 
a particular applicant, such as:
    (1) Proof of completion of an accredited alcohol or drug abuse 
rehabilitation program;
    (2) Active membership in a rehabilitation or counseling group, such 
as Alcoholics Anonymous or Narcotics Anonymous;
    (3) Character references from persons who can attest to the 
applicant's sobriety, reliability, and suitability for employment in 
the merchant marine including parole or probation officers;
    (4) Steady employment; and
    (5) Successful completion of all conditions of parole or probation.


Sec.  10.214  Security Check.

    Until April 15, 2009, the Coast Guard may conduct a security check 
on an applicant for an MMC, utilizing the criminal record review 
discussed in Sec.  10.211 of this part.


Sec.  10.215  Medical and physical requirements.

    (a) Medical and Physical Exams. To qualify for an MMC an applicant 
must meet the medical and physical standards in this section. Columns 2 
through 5 of table 10.215(a) provide the specific exam, test, or 
demonstrations required to obtain the corresponding credential listed 
in column 1. Further clarifications of the requirements contained in 
the table are found throughout this section. Any required test, exam, 
or demonstration must have been performed, witnessed, or reviewed

[[Page 11225]]

by a licensed medical doctor, licensed physician assistant, or licensed 
nurse practitioner.
    (1) First-class pilots, and those serving as pilots under Sec.  
15.812 of this part, on vessels and tank barges of 1,600 GRT or more 
must satisfactorily complete annual medical exams and, unless exempt 
per 46 CFR 16.220, pass annual chemical tests for dangerous drugs and 
submit the results to the Coast Guard.
    (2) Medical exams for Great Lakes Pilots must be conducted by a 
licensed medical doctor in accordance with the physical exam 
requirements in 46 CFR 402.210.

                                     Table 10.215(a)--Medical and Physical Requirements for Mariner Endorsements \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                               Demonstration of physical
            Credential                       Vision test                   Hearing test              General medical exam               ability
--------------------------------------------------------------------------------------------------------------------------------------------------------
(i) Deck officer, including pilot.  Sec.   10.215(b)(1)..........  Sec.   10.215(c)............  Sec.   10.215(d)(1).........  Sec.   10.215(e)(1)
(ii) Engineering officer..........  Sec.   10.215(b)(2)..........  Sec.   10.215(c)............  Sec.   10.215(d)(1).........  Sec.   10.215(e)(1)
(iv) Radio officer................  Sec.   10.215(b)(2)..........  Sec.   10.215(c)............  Sec.   10.215(d)(1).........  Sec.   10.215(e)(1)
(v) Offshore installation manager,  Sec.   10.215(b)(2)..........  Sec.   10.215(c)............  Sec.   10.215(d)(1).........  Sec.   10.215(e)(1)
 barge supervisor, or ballast
 control operator.
(vi) Able seaman..................  Sec.   10.215(b)(1)..........  Sec.   10.215(c)............  Sec.   10.215(d)(1).........  Sec.   10.215(e)(1)
(vii) QMED........................  Sec.   10.215(b)(2)..........  Sec.   10.215(c)............  Sec.   10.215(d)(1).........  Sec.   10.215(e)(1)
(viii) RFPNW......................  Sec.   10.215(b)(1)..........  Sec.   10.215(c)............  Sec.   10.215(d)(1).........  Sec.   10.215(e)(1)
(ix) RFPEW........................  Sec.   10.215(b)(2)..........  Sec.   10.215(c)............  Sec.   10.215(d)(1).........  Sec.   10.215(e)(1)
(x) Tankerman.....................  Sec.   10.215(b)(2)..........  Sec.   10.215(c)............  Sec.   10.215(d)(1).........  Sec.   10.215(e)(1)
(xi) Food handler serving on        .............................  ............................  Sec.   10.215(d)(2).........  .........................
 vessels to which STCW does not
 apply.
(xii) Food handler serving on       .............................  ............................  Sec.   10.215(d)(2).........  Sec.   10.215(e)(1)
 vessels to which STCW applies.
(xiii) Ratings, including entry     .............................  ............................  ............................  Sec.   10.215(e)(2)
 level, serving on vessels to
 which STCW applies, other than
 those listed above.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (b) Vision Test--(1) Deck Standard. An applicant must have 
correctable vision to at least 20/40 in one eye and uncorrected vision 
of at least 20/200 in the same eye. An applicant having lost vision in 
one eye must wait six months before application and provide a statement 
of demonstrated ability on his or her medical examination. The color 
sense must be determined to be satisfactory when tested by any of the 
following methods or an alternative test approved by the Coast Guard, 
without the use of color-sensing lenses:
    (i) Pseudoisochromatic Plates (Dvorine, 2nd Edition; AOC; revised 
edition or AOC-HRR; Ishihara 14-, 24-, or 38-plate editions).
    (ii) Eldridge-Green Color Perception Lantern.
    (iii) Farnsworth Lantern.
    (iv) Keystone Orthoscope.
    (v) Keystone Telebinocular.
    (vi) SAMCTT (School of Aviation Medicine Color Threshold Tester).
    (vii) Titmus Optical Vision Tester.
    (viii) Williams Lantern.
    (2) Engineering, radio operator, tankerman, and MODU standard. An 
applicant must have correctable vision of at least 20/50 in one eye and 
uncorrected vision of at least 20/200 in the same eye and need only 
have the ability to distinguish the colors red, green, blue and yellow.
    (3) Any applicant whose uncorrected vision does not meet the 
standards listed above, and is granted a waiver in accordance with 
paragraph (g) of this section, may not serve under the authority of the 
endorsement unless corrective lenses are worn and spare lenses are 
carried onboard a vessel.
    (c) Hearing test. If the medical practitioner conducting the 
general medical exam has concerns that an applicant's ability to hear 
may impact maritime safety, the examining medical practitioner, if not 
qualified to conduct the appropriate examinations, must refer the 
applicant to an audiologist or other hearing specialist to conduct an 
audiometer test and/or a speech discrimination test, as appropriate.
    (1) The audiometer test should include testing at the following 
thresholds: 500 Hz; 1,000 Hz; 2,000 Hz; and 3,000 Hz. The frequency 
responses for each ear should be averaged to determine the measure of 
an applicant's hearing ability. Applicants must demonstrate an unaided 
threshold of 20 decibels or less in each ear.
    (2) The functional speech discrimination test should be carried out 
at a level of 55 decibels. For issuance of an original MMC or 
endorsement the applicant must demonstrate functional speech 
discrimination of at least 90%. For renewal or raise of grade, the 
applicant must demonstrate functional speech discrimination of at least 
80%. An applicant who is unable to meet the standards of the audiometer 
test, but who can pass the functional speech discrimination test, may 
be eligible for a medical waiver in accordance with paragraph (g) of 
this section.
    (d) General medical exam. (1) This exam must be documented and of 
such scope to ensure that there are no conditions that pose an 
inordinate risk of sudden incapacitation or debilitating complication. 
This exam must also document any condition requiring medication that 
impairs judgment or reaction time. Examples of physical impairment or 
medical conditions that could lead to disqualification include, but are 
not limited to, poorly controlled diabetes, myocardial infarctions, 
psychiatric disorders, and convulsive disorders.
    (2) Food handlers are not required to submit to a general medical 
exam, but must obtain a statement from a licensed physician, physician 
assistant, or nurse practitioner attesting that they are free of 
communicable diseases.
    (e) Demonstration of physical ability. (1) A demonstration of 
physical ability is required only if the medical practitioner 
conducting the general medical exam is concerned that an applicant's 
physical ability may impact maritime safety or if table 10.215(a) shows 
that the mariner must pass a demonstration of physical ability, but he 
or she is not required to pass a general medical exam.
    (2) For an applicant to satisfactorily pass a demonstration of 
physical ability, the examiner must be satisfied that the applicant:
    (i) Has no disturbance in the sense of balance;

[[Page 11226]]

    (ii) Is able, without assistance, to climb up and down vertical 
ladders and inclined stairs;
    (iii) Would be able, without assistance, to step over a door sill 
or coaming;
    (iv) Would be able to grasp, lift, and manipulate various common 
shipboard tools; move hands and arms to open and close valve wheels in 
vertical and horizontal directions, and rotate wrists to turn handles;
    (v) Does not have any impairment or disease that could prevent 
normal movement and physical activities;
    (vi) Is able to stand and walk for extended periods;
    (vii) Does not have any impairment or disease that could prevent 
response to a visual or audible alarm; and
    (viii) Is capable of normal conversation.
    (f) Reports of medical and physical exams, demonstrations, and 
tests. These reports must be submitted within 12 months from the date 
signed by the licensed medical professional. When submitted with a 
complete application package these reports remain valid for 12 months 
from the date of the application approval.
    (g) Medical waivers. Where an applicant does not possess the 
vision, hearing, or general physical condition necessary, the Coast 
Guard, after consultation with the examining licensed physician, 
licensed physician assistant, or licensed nurse practitioner may grant 
a waiver if extenuating circumstances warrant special consideration. An 
applicant may submit to the Coast Guard additional correspondence, 
records, and reports in support of a waiver. In this regard, 
recommendations from agencies of the Federal Government operating 
government vessels, as well as owners and operators of private vessels, 
made on behalf of their employees, will be given full consideration. 
Waivers are not normally granted to an applicant whose corrected vision 
in the better eye is not at least 20/40 for deck officers or 20/50 for 
engineer officers.
    (h) Individuals holding only a staff officer endorsement need not 
meet the medical and physical requirements of this section.


Sec.  10.217  Merchant mariner credential application and examination 
locations.

    (a) Applicants may apply to any of the Regional Examination 
Centers. Applicants may contact the National Maritime Center at 100 
Forbes Drive, Martinsburg, WV 25404, or by telephone 1-888-427-5662 or 
304-433-3400. A list of Regional Examination Center locations is 
available through the Coast Guard Web site at http://www.uscg.mil/stcw.
    (b) Coast Guard-designated facilities. The Coast Guard may 
designate additional locations to provide services to applicants for 
MMCs.
    (c) Exam Locations Abroad. (1) Coast Guard Merchant Marine Details 
abroad may conduct exams for ratings at locations other than the RECs, 
but are not prepared to conduct the physical examination where 
required. Merchant Marine Details may not issue regular rating 
endorsements, but temporary permits in lieu thereof. Merchant Marine 
Details will instruct the recipient of each temporary permit to present 
it to the OCMI, upon arrival in the first port in the United States in 
order to exchange it for a permanent credential.
    (2) The temporary permit must be accepted by the OCMI as proof that 
the bearer has complied with the rules and regulations governing the 
issuance of credentials, except as noted in the body of the temporary 
permit. The requirements noted in the exceptions will be complied with 
as in the case of other applicants.
    (3) The written examinations are forwarded to the National Maritime 
Center by Merchant Marine Details. When an applicant with a temporary 
permit appears before an OCMI, that OCMI may request and obtain the 
examination from the National Maritime Center. Any OCMI who doubts the 
propriety of issuing a permanent credential instead of a temporary 
permit which has been issued by an overseas Merchant Marine Detail must 
inform the National Maritime Center fully as to the circumstances.


Sec.  10.219  Fees.

    (a) Use table 10.219(a) of this section to calculate the mandatory 
fees for MMCs and associated endorsements.

                                              Table 10.219(a) Fees
----------------------------------------------------------------------------------------------------------------
                                                                  And you need . . .
                                     ---------------------------------------------------------------------------
          If you apply for             Evaluation then the fee    Examination then the    Issuance then the fee
                                              is . . .                fee is . . .               is . . .
----------------------------------------------------------------------------------------------------------------
MMC with officer endorsement:
    Original:.......................
        Upper level.................  $100....................  $110...................  $45
        Lower level.................  100.....................  95.....................  45
    Renewal.........................  50......................  45.....................  45
    Raise of grade..................  100.....................  45.....................  45
    Modification or removal of        50......................  45.....................  45
     limitation or scope.
Radio officer endorsement:
    Original........................  50......................  45.....................  45
    Renewal.........................  50......................  n/a....................  45
Staff officer endorsements:
    Original........................  90......................  n/a....................  45
    Renewal.........................  50......................  n/a....................  45
MMC with rating endorsement:
Original endorsement for ratings      95......................  n/a....................  45
 other than qualified ratings.
Original endorsement for qualified    95......................  140....................  45
 rating.
Upgrade or Raise of Grade...........  95......................  140....................  45
Renewal endorsement for ratings       50......................  n/a....................  45
 other than qualified ratings.
Renewal endorsement for qualified     50......................  45.....................  45
 rating.
STCW certification:
    Original........................  No fee..................  No fee.................  No fee
    Renewal.........................  No fee..................  No fee.................  No fee

[[Page 11227]]


Reissue, replacement, and duplicate.  n/a.....................  n/a....................  \1\ $45
----------------------------------------------------------------------------------------------------------------
\1\ Duplicate for MMC lost as result of marine casualty--No Fee.

    (b) Fee payment procedures. Applicants may pay:
    (1) All fees required by this section at the time the application 
is submitted; or
    (2) A fee for each phase at the following times:
    (i) An evaluation fee when the application is submitted.
    (ii) An examination fee before the first examination section is 
taken.
    (iii) An issuance fee before receipt of the MMC.
    (c) If the examination is administered at a place other than an 
REC, the examination fee must be paid to the REC at least one week 
before the scheduled examination date.
    (d) Unless the REC provides additional payment options, fees must 
be paid as follows:
    (1) Fee payment(s) must be for the exact amount.
    (2) Payments may be made by cash, check, money order, or credit 
card.
    (3) Payments submitted by mail may not be made in cash. Mailed 
payments should specify the type of credential sought and the type of 
fee (e.g., evaluation, examination, issuance) being paid. The address 
for sending payment by mail can be found at http://www.uscg.mil/stcw/
ldcr-userfees.htm.
    (4) Checks or money orders are to be made payable to the U.S. Coast 
Guard, and the full legal name and last four digits of applicant's 
security number must appear on the front of each check or money order.
    (5) Fee payment may be made by electronic payment in a manner 
specified by the Coast Guard. For information regarding current forms 
of electronic payment, go to http://www.uscg.mil/stcw/ldcr-
userfees.htm.
    (e) Unless otherwise specified in this part, when two or more 
endorsements are processed on the same application:
    (1) Evaluation fees. If an applicant simultaneously applies for a 
rating endorsement and a deck or engineer officer's endorsement, only 
the evaluation fee for the officer's endorsement will be charged. If an 
applicant simultaneously applies for a staff officer or radio officer 
endorsement along with the deck or engineer officer's endorsement, only 
the evaluation fee for the deck or engineer officer's endorsement will 
be charged. No evaluation fee is charged for an STCW endorsement.
    (2) Examination fees. One examination fee will be charged for each 
exam or series of exams for an original, raise of grade, or renewal of 
an endorsement on an MMC taken within one year from the date of the 
application approval. An examination fee will also be charged to 
process an open-book exercise used to renew an MMC. If an officer 
endorsement examination under part 11 of this chapter also fulfills the 
examination requirements in part 12 of this chapter for rating 
endorsements, only the fee for the officer endorsement examination is 
charged.
    (3) Issuance fees. Only one issuance fee will be charged for each 
MMC issued, regardless of the number of endorsements placed on the 
credential. There is no fee for a Document of Continuity.
    (f) The Coast Guard may assess additional charges to anyone to 
recover collection and enforcement costs associated with delinquent 
payments, failure to pay a fee, or returned checks. The Coast Guard 
will not provide credentialing services to a mariner who owes money for 
credentialing services previously provided.
    (g) Anyone who fails to pay a fee or charge established under this 
subpart is liable to the United States Government for a civil penalty 
of not more than $6,500 for each violation.
    (h) No-fee MMC for certain applicants. (1) For the purpose of this 
section, a no-fee MMC applicant is a person who is a volunteer, or a 
part-time or full-time employee of an organization that is:
    (i) Charitable in nature;
    (ii) Not for profit; and
    (iii) Youth oriented.
    (2) Determination of eligibility. (i) An organization may submit a 
written request to U.S. Coast Guard National Maritime Center, 100 
Forbes Drive, Martinsburg, WV 25404, in order to be considered an 
eligible organization under the criteria set forth in paragraph (h)(1) 
of this section. With the written request, the organization must 
provide evidence of its status as a youth-oriented, not-for-profit, 
charitable organization.
    (ii) The following organizations are accepted by the Coast Guard as 
meeting the requirements of paragraph (h)(1) of this section and need 
not submit evidence of their status: Boy Scouts of America, Sea 
Explorer Association, Girl Scouts of the United States of America, and 
Young Men's Christian Association of the United States of America.
    (3) A letter from an organization determined eligible under 
paragraph (h)(2) of this section must also accompany the person's MMC 
application to the Coast Guard. The letter must state that the purpose 
of the person's application is solely to further the conduct of the 
organization's maritime activities. The applicant then is eligible 
under this section to obtain a no-fee MMC if other requirements for the 
MMC are met.
    (4) An MMC issued to a person under this section is endorsed 
restricting its use to vessels owned or operated by the sponsoring 
organization.
    (5) The holder of a no-fee MMC issued under this section may have 
the restriction removed by paying the appropriate evaluation, 
examination, and issuance fees that would have otherwise applied.


Sec.  10.221  Citizenship.

    (a)(1) MMCs with officer Endorsements. Only individuals with valid 
U.S. citizenship may apply for officer endorsements, except individuals 
applying for endorsements as operators of uninspected passenger vessels 
authorizing service on undocumented vessels in accordance with Sec.  
11.201(d) of this part.
    (2) All other MMCs. All other applicants, except as noted in Sec.  
12.40-11 of this subchapter, must be either:
    (i) A citizen of the United States;
    (ii) An alien, as defined under Section 101(a)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) (the Act), who 
is lawfully admitted to the United States for permanent residence, as 
defined by Section 101(a)(20) of the Act.; or
    (iii) A foreign national who is enrolled in the United States 
Merchant Marine Academy (USMMA).

[[Page 11228]]

    (b) Beginning April 15, 2009, proof of citizenship or alien status 
must be submitted to the Transportation Security Administration (TSA) 
with the applicant's TWIC application in accordance with 49 CFR 
1572.17(a)(11). Until April 15, 2009, proof of citizenship or alien 
status must be submitted by appearing at a Regional Exam Center.
    (c) TSA and the Coast Guard may reject any evidence of citizenship 
that is not believed to be authentic. Acceptable evidence of 
citizenship may be an original or a copy certified as true by the 
agency responsible for issuing the document of the following:
    (1) If the individual is applying for an officer endorsement (with 
the exception of those applying for an MMC endorsed only as Operator of 
an Uninspected Passenger Vehicle (OUPV) of an undocumented vessel), the 
individual must provide an original of any one of the following 
documents:
    (i) Certified copy of a birth certificate, issued by a State, 
county, municipality or outlying possession of the U.S. bearing an 
official seal;
    (ii) U.S. passport (expired or unexpired);
    (iii) Certificate of Citizenship issued by U.S. Citizenship and 
Immigration Services or the Immigration and Naturalization Service;
    (iv) Certificate of Naturalization issued by U.S. Citizenship and 
Immigration Services or the Immigration and Naturalization Service; or
    (v) Merchant mariner's document issued by the Coast Guard after 
February 3, 2003, that shows that the holder is a citizen of the United 
States.
    (2) If the individual is applying for a rating endorsement and they 
hold one of the documents listed in paragraph (c)(1)(i) through (v) of 
this section, these documents are also acceptable as evidence of 
citizenship. If the individual does not hold any one of those documents 
listed in paragraph (c)(1)(i) through (v), the individual must provide 
an original unexpired foreign passport and an original of any one of 
the following documents:
    (i) Permanent resident card (form I-551) issued by U.S. Citizenship 
and Immigration Services bearing the certification that the alien was 
admitted to the United States as an immigrant,
    (ii) A declaration of intention to become a citizen of the United 
States issued by a naturalization court; or
    (iii) A certificate issued by the consular representative of the 
country of which the alien is a citizen or subject.
    (3) If the individual is the holder of or applying for a rating 
endorsement and the individual does not hold any of the documents 
listed in paragraphs (c)(1) or (2) of this section, proof of enrollment 
in the United States Merchant Marine Academy (USMMA) in the form of an 
original letter from the USMMA, signed by the Superintendent attesting 
to the individual's enrollment along with an unexpired foreign passport 
issued by the government of the country in which the alien is a citizen 
or subject, with a valid U.S. visa affixed to the passport, will be 
acceptable evidence of lawful status in the United States.
    (4) If the individual is applying for an MMC endorsed only as OUPV 
of an undocumented vessel, the individual must provide an original of 
any one of the documents enumerated in paragraphs (c)(1)(i) through (v) 
or (c)(2)(i) or (ii) of this section, or proof of acceptable alien 
status as provided in 49 CFR 1572.105.


Sec.  10.223  Modification or removal of limitations or scope.

    (a) If the Coast Guard is satisfied by the documentary evidence 
submitted that an applicant is entitled by experience, training, and 
knowledge to an endorsement or increase in the scope of any MMC held, 
any limitations that were previously placed upon the MMC by the Coast 
Guard may be changed or removed. Such an increase in scope may include 
a change in horsepower or tonnage limitations, or geographic route 
restrictions.
    (b) Modifications or removal of limitations or scope to MMC 
endorsement(s) under this section will not change the expiration date 
of the mariner's MMC unless the applicant renews all endorsements that 
would appear on the MMC under Sec.  10.227 of this part.
    (c) A complete application for modification or removal of 
limitation of scope must contain the following:
    (1) A completed signed application;
    (2) Beginning April 15, 2009, proof that the mariner holds a valid 
TWIC;
    (3) All supplementary materials required to show that the mariner 
meets the mandatory requirements for the transaction sought:
    (i) The mandatory requirements for officer endorsements are 
contained in part 11 of this chapter.
    (ii) The mandatory requirements for rating endorsements are 
contained in part 12 of this chapter.
    (iii) The mandatory requirements for tankerman rating endorsements 
are contained in part 13 of this chapter.
    (iv) The mandatory requirements for STCW endorsements are contained 
in parts 11 and 12 of this chapter and in the STCW Convention and Code 
(incorporated by reference, see Sec.  10.103).
    (4) The appropriate fee as set forth in Sec.  10.219 of this part; 
and
    (5) Any uncanceled MMD, MMC, license, STCW endorsement, or COR held 
by the applicant. If one or more of these credentials are still valid 
at the time of application, a photocopy, front and back of all pages, 
and all attachments, will satisfy this requirement. If the applicant 
submits a photocopy, upon the issuance of the new MMC, the applicant 
must surrender the old, original credential to the Coast Guard. If 
requested in writing at the time of submission, the old MMD, MMC, 
license, COR, or STCW endorsement may be returned to the applicant 
after cancellation.
    (d) No limitation on any endorsement may be changed before the 
applicant has made up any deficiency in the experience prescribed for 
the endorsement or endorsement desired and passed any necessary 
examination.


Sec.  10.225  Requirements for original merchant mariner credentials.

    (a) An applicant must apply as an original if the MMC sought is:
    (1) The first credential issued to the applicant;
    (2) The first credential issued to an applicant after their 
previous credential has expired and they do not hold a document of 
continuity under Sec.  10.227(e) of this part or an equivalent 
unexpired continuity endorsement on their license or MMD; or
    (3) The first credential issued to an applicant after their 
previous credential was revoked pursuant to Sec.  10.235 of this part.
    (b) A complete application for an original MMC must contain the 
following:
    (1) A completed, signed application;
    (2) Beginning April 15, 2009, proof that the mariner either holds a 
valid TWIC or has applied for a TWIC;
    (3) All supplementary materials required to show that the mariner 
meets the mandatory requirements for all endorsements sought;
    (i) The mandatory requirements for officer endorsements are 
contained in part 11 of this chapter.
    (ii) The mandatory requirements for rating endorsements are 
contained in part 12 of this chapter.
    (iii) For a tankerman rating endorsement, the applicant must also 
provide those documents or proofs required in part 13 of this chapter.
    (iv) The mandatory requirements for STCW Endorsements are contained 
in parts 11 and 12 of this chapter and in the STCW Convention and Code

[[Page 11229]]

(incorporated by reference, see Sec.  10.103).
    (4) The appropriate fee as set forth in Sec.  10.219 of this part;
    (5) Evidence of having passed a chemical test for dangerous drugs 
or of qualifying for an exemption from testing in Sec.  16.220 of this 
subchapter;
    (6) Discharges or other documentary evidence of service indicating 
the name, tonnage, and propulsion power of the vessels, dates of 
service, capacity in which the applicant served, and on what waters, 
where sea service is required;
    (7) Proof, documented on a form provided by the Coast Guard, that 
the applicant passed all applicable vision, hearing, medical, and/or 
physical exams as required by Sec.  10.215 of this part.
    (8) Consent to a Coast Guard check of the NDR for offenses 
described in section 205(a)(3)(A) or (B) of the National Driver 
Register Act of 1982, as amended; and
    (9) The oath as required in paragraph (c) of this section.
    (c) Oath. Every person who receives an original MMC must first take 
an oath, before an official authorized to give such an oath, that he or 
she will faithfully and honestly, according to his or her best skill 
and judgment, without concealment or reservation, perform all the 
duties required by law and obey all lawful orders of superior officers. 
An oath may be administered by any Coast Guard-designated individual or 
any person legally permitted to administer oaths in the jurisdiction 
where the person taking the oath resides. An oath administered at a 
location other than those listed in Sec.  10.217 must be verified in 
writing by the administering official and submitted to the same REC 
where the applicant applied for his or her MMC. This oath remains 
binding for any subsequently issued MMC and endorsements added to the 
MMC, unless specifically renounced in writing.


Sec.  10.227  Requirements for renewal.

    (a) Except as provided in paragraph (e) of this section, an 
applicant for renewal of a credential must establish possession of all 
of the necessary qualifications before the renewal MMC will be issued.
    (b) A credential may be renewed at any time during its validity and 
for one year after expiration.
    (c) No credential will be renewed if it has been suspended without 
probation or revoked as a result of action under part 5 of this chapter 
or if facts that would render a renewal improper have come to the 
attention of the Coast Guard.
    (d) Except as provided in paragraph (e) of this section, a complete 
application for renewal must contain the following:
    (1) A completed, signed application;
    (2) Beginning April 15, 2009, proof that the mariner holds a valid 
TWIC;
    (3) The appropriate fee as set forth in Sec.  10.219 of this part;
    (4) Any uncanceled MMD, MMC, license, STCW endorsement, or COR held 
by the applicant. If one or more of these credentials are still valid 
at the time of application, a photocopy--front, back, and all 
attachments--will satisfy this requirement. If the applicant submits a 
photocopy, upon the issuance of the new MMC, the applicant must 
surrender the old original credential to the Coast Guard. If requested 
in writing at the time of submission, the old MMD, MMC, license, COR, 
or STCW endorsement may be returned to the applicant after 
cancellation;
    (5) Evidence of having passed a chemical test for dangerous drugs 
or of qualifying for an exemption from testing in Sec.  16.220 of this 
subchapter;
    (6) Proof, documented on a form provided by the Coast Guard, that 
the applicant passed all applicable vision, hearing, medical, and/or 
physical exams as required by Sec.  10.215 of this part;
    (7) Consent to a Coast Guard check of the NDR for offenses 
described in section 205(a)(3)(A) or (B) of the National Driver 
Register Act of 1982, as amended;
    (8) Except as provided in paragraph (d)(8)(viii) of this section, 
the applicant must meet the following professional requirements for 
renewal:
    (i) The applicant must either--
    (A) Present evidence of at least one year of sea service during the 
past five years;
    (B) Pass a comprehensive, open-book exercise covering the general 
subject matter contained in appropriate sections of subpart (I) of this 
part;
    (C) Complete an approved refresher training course; or
    (D) Present evidence of employment in a position closely related to 
the operation, construction, or repair of vessels (either deck or 
engineer as appropriate) for at least three years during the past five 
years. An applicant for a deck license or officer endorsement with this 
type of employment must also demonstrate knowledge on an applicable 
Rules of the Road open-book exercise.
    (ii) The qualification requirements for renewal of radar observer 
endorsement are in Sec.  11.480 of this chapter.
    (iii) Additional qualification requirements for renewal of an 
officer endorsement as first-class pilot are contained in Sec.  11.713 
of this chapter.
    (iv) An applicant for renewal of a radio officer's endorsement 
must, in addition to meeting the requirements of this section, present 
evidence of a currently valid license as first or second-class 
radiotelegraph operator issued by the Federal Communications 
Commission. If submitted, the original license will be returned to the 
applicant.
    (v) An applicant for renewal of an endorsement as medical doctor or 
professional nurse must, in addition to meeting the requirements of 
this section, present evidence that he or she holds a currently valid, 
appropriate license as physician, surgeon, or registered nurse issued 
under the authority of a state or territory of the United States, the 
Commonwealth of Puerto Rico, or the District of Columbia. Any such 
renewal will retain the limitations placed upon the medical license by 
the issuing body. There are no professional requirements for renewal of 
an endorsement as marine physician assistant or hospital corpsman.
    (vi) An applicant for renewal of an endorsement as master or mate 
(pilot) of towing vessels must submit satisfactory evidence of:
    (A) Having completed a practical demonstration of maneuvering and 
handling a towing vessel to the satisfaction of a designated examiner; 
or
    (B) Ongoing participation in training and drills during the 
validity of the license or MMC being renewed.
    (vii) An applicant seeking to renew a tankerman endorsement must 
meet the additional requirements listed in Sec.  13.120 of this 
chapter.
    (viii) There are no professional requirements for renewal for the 
following endorsements:
    (A) Radio officer;
    (B) Staff officers (all types);
    (C) Ordinary seaman;
    (D) Wiper;
    (E) Steward's department (F.H.);
    (F) Cadet;
    (G) Student observer;
    (H) Apprentice engineer;
    (I) Apprentice mate (issued under part 12 of this subchapter);
    (J) Person in charge of medical care;
    (K) Medical first-aid provider;
    (L) GMDSS at-sea maintainer; and
    (M) GMDSS operator.
    (9) Except as otherwise provided, each candidate for a renewal of 
an STCW endorsement must meet the applicable requirements of Sec.  
11.202 of this chapter and must meet the requirements of section A-VI/
2, paragraphs 1 to 4 of the STCW Code (incorporated by reference in 
Sec.  10.103).

[[Page 11230]]

    (e) Document of continuity. (1) Applicants for renewal who are 
unwilling or otherwise unable to meet the requirements of paragraph (d) 
of this section, including but not limited to the medical and physical 
standards of Sec.  10.215, drug tests, and TWIC, may apply for a 
document of continuity issued by the Coast Guard. Documents of 
continuity do not expire and are issued solely to maintain an 
individual's eligibility for renewal. A document of continuity does not 
entitle an individual to serve as a merchant mariner. A holder of a 
document of continuity may obtain a properly endorsed, valid MMC at any 
time by satisfying the requirements for renewal as provided in 
paragraph (d).
    (2) Applications for a document of continuity must include:
    (i) The credential to be renewed. Upon written request, the Coast 
Guard will return the credential to the applicant after it has been 
cancelled; and
    (ii) An application including a signed statement from the applicant 
attesting to an awareness of the limited purpose of the Document of 
Continuity, their inability to serve, and the requirements to obtain an 
MMC.
    (f) Administrative grace period. Except as provided herein, a 
credential may not be renewed more than 12 months after it has expired. 
To obtain a re-issuance of the credential, an applicant must comply 
with the requirements of paragraph (g) of this section. When an 
applicant's credential expires during a time of service with the Armed 
Forces and there is no reasonable opportunity for renewal, including by 
mail, this period may be extended. The period of military service 
following the date of expiration which precluded renewal may be added 
to the 12-month grace period. The 12-month grace period and any 
extensions do not affect the expiration date of the credential. A 
license, MMD, COR, STCW endorsement, MMC, and any endorsements thereon, 
are not valid for use after the expiration date.
    (g) Re-issuance of expired credentials. (1) Whenever an applicant 
applies for re-issuance of an endorsement as deck officer, engineer 
officer, or qualified rating more than 12 months after expiration, 
instead of the requirements of paragraph (g) of this section, the 
applicant must demonstrate continued professional knowledge by 
completing a course approved for this purpose, or by passing the 
complete examination. The examination may be oral-assisted if the 
expired credential was awarded on an oral exam. The fees set forth in 
Sec.  10.219 apply to these examinations. In the case of an expired 
radio officer's endorsement, the endorsement may be issued upon 
presentation of a valid first or second-class radiotelegraph operator 
license issued by the Federal Communications Commission.
    (2) An endorsement for chief purser, purser, senior assistant 
purser, junior assistant purser, hospital corpsman, marine physician 
assistant, medical doctor, or professional nurse that has been expired 
for more than 12 months shall be renewed in the same way as a current 
endorsement of that type. There are no additional requirements for re-
issuing endorsements for chief purser, purser, senior assistant purser, 
junior assistant purser, hospital corpsman, marine physician assistant, 
medical doctor, or professional nurse that have been expired for more 
than 12 months.


Sec.  10.229  Issuance of duplicate merchant mariner credentials.

    (a) Upon request and without examination, a mariner may be issued a 
duplicate credential after submitting an application with an affidavit 
describing the circumstances of the loss. The Coast Guard will only 
issue the duplicate credential after confirming the validity of the 
mariner's credential and, beginning April 15, 2009, the validity of the 
mariner's TWIC.
    (b) The duplicate will have the same authority, wording, and 
expiration date as the lost credential. A duplicate credential will 
reference the serial number, type, place of issue, and date of issue of 
the replaced credential(s). The duplicate issued will be in the form of 
an MMC. Until April 15, 2014, if a mariner seeks a duplicate of more 
than one credential, the MMC issued will reflect endorsements for all 
credentials lost, and the expiration date will match the earliest 
expiration date of the credentials lost.
    (c) If a person loses a credential by shipwreck or other casualty, 
a duplicate will be issued free of charge. The term ``other casualty'' 
includes any damage to a ship caused by collision, explosion, tornado, 
wreck, flooding, beaching, grounding, or fire; or personal loss 
associated with a federally declared natural disaster.
    (d) If a person loses a credential by means other than those noted 
in paragraph (c) of this section and applies for a duplicate, the 
appropriate fee set out in Sec.  10.219 must be paid.
    (e) No application from an alien for a duplicate credential will be 
accepted unless the alien complies with the requirements of Sec.  
10.221 of this part.
    (f) Applications for duplicate credentials will not be subject to a 
criminal record review.


Sec.  10.231  Requirements for raises of grade or new endorsements.

    (a) This section applies to applicants who already hold a valid 
credential and want to make the following transaction(s):
    (1) Add a new endorsement; or
    (2) Raise of grade of an existing endorsement.
    (b) New endorsements or raises of grade of existing endorsements on 
an MMC under this section will not change the expiration date of the 
MMC unless the applicant renews all endorsements that appear on the MMC 
under Sec.  10.227 of this part.
    (c) A complete application for a new endorsement or raise of grade 
must contain the following:
    (1) A completed, signed application;
    (2) Beginning April 15, 2009, proof that the mariner holds a valid 
TWIC;
    (3) All supplementary materials required to show that the mariner 
meets the mandatory requirements for the new endorsement(s) sought;
    (i) The mandatory requirements for officer endorsements are 
contained in part 11 of this chapter and paragraph (d) of this section.
    (ii) The mandatory requirements for rating endorsements are 
contained in part 12 of this chapter.
    (iii) The mandatory requirements for tankerman rating endorsements 
are contained in part 13 of this chapter.
    (iv) The mandatory requirements for STCW endorsements are contained 
in parts 11 and 12 of this chapter and in the STCW Convention and Code 
(incorporated by reference, see Sec.  10.103).
    (4) The appropriate fee as set forth in Sec.  10.219 of this part;
    (5) Any uncanceled MMD, MMC, license, STCW endorsement, or COR held 
by the applicant. If one or more of these credentials are still valid 
at the time of application, a photocopy--front, back, and all 
attachments--will satisfy this requirement. If the applicant submits a 
photocopy, upon the issuance of the new MMC, the applicant must 
surrender the old original credential to the Coast Guard. If requested 
in writing at the time of submission, the old MMD, MMC, license, COR, 
or STCW endorsement may be returned to the applicant after 
cancellation;
    (6) Applicants for the following endorsements must produce evidence 
of having passed a chemical test for dangerous drugs or of qualifying 
for an exemption from testing in Sec.  16.220 of this subchapter:
    (i) Any officer endorsement; and
    (ii) The first endorsement as able seaman, lifeboatman, qualified 
member of the engine department, or tankerman.

[[Page 11231]]

    (7) An applicant for an endorsement where sea service is required 
must produce discharges or other documentary evidence of service, 
indicating the name, tonnage, and horsepower of the vessels, dates of 
service, capacity in which the applicant served, and on what waters;
    (8) Applicants who have not submitted evidence within the past 
three years that they have passed all applicable vision, hearing, 
medical, and/or physical exams required in Sec.  10.215 for the 
particular endorsement sought must submit proof, on a Coast Guard-
approved form, that the applicant has passed those medical/physical 
tests and exams; and
    (9) Consent to a Coast Guard check of the NDR for offenses 
described in section 205(a)(3)(A) or (B) of the National Driver 
Register Act of 1982, as amended.
    (d) Additional requirements for an applicant seeking a raise of 
grade of an officer endorsement:
    (1) Sea service acquired before the issuance of an officer 
endorsement is generally not accepted as any part of the service 
required for a raise of grade of that endorsement. However, service 
acquired before issuance of an officer endorsement will be accepted for 
certain crossovers, endorsements, or increases in scope of an MMC, as 
appropriate. In the limited tonnage categories for deck officers, total 
accumulated service is a necessary criterion for most raises of grade; 
service acquired before the issuance of such officer endorsements will, 
therefore, be accepted.
    (2) No raise of grade may be issued to any naturalized citizen on 
less experience in any grade than would have been required of a citizen 
of the United States by birth.
    (3) Experience and service acquired on foreign vessels while 
holding a valid U.S. officer endorsement is creditable for establishing 
eligibility for a raise of grade, subject to evaluation by the Coast 
Guard to determine that it is a fair and reasonable equivalent to 
service acquired on merchant vessels of the United States, with respect 
to grade, tonnage, horsepower, waters, and operating conditions. An 
applicant who has obtained the qualifying experience on foreign vessels 
shall submit satisfactory documentary evidence of such service 
(including any necessary translations into English) in the forms 
prescribed by paragraph (c)(7) of this section.
    (4) An applicant remains eligible for a raise of grade while on 
probation as a result of action under part 5 of this chapter. A raise 
of grade issued to a person on probation will be subject to the same 
probationary conditions imposed against the applicant's other 
credentials. The offense for which he or she was placed on probation 
will be considered on the merits of the case in determining fitness to 
hold the endorsement applied for. No applicant will be examined for a 
raise of grade during any period when a suspension without probation or 
a revocation imposed under part 5 of this chapter is effective against 
the applicant's credential or while an appeal from these actions is 
pending.
    (5) Professional examination. (i) When the Coast Guard finds an 
applicant's experience and training for raise of grade to be 
satisfactory, and the applicant is eligible in all other respects, the 
Coast Guard will authorize a professional examination.
    (ii) Oral-assisted examinations may be administered in accordance 
with Sec.  11.205(f) of this chapter. The Coast Guard will place in the 
applicant's file a record indicating the subjects covered.
    (iii) The general instructions for administration of examinations 
and the lists of subjects for all officer endorsements appear in part 
11, subpart I of this chapter.


Sec.  10.233  Obligations of the holder of a merchant mariner 
credential.

    (a) The holder of a credential may not voluntarily part with it or 
place it beyond his or her personal control by pledging or depositing 
it with any other person, except as required by regulation or as 
necessary to safeguard the credential. If the holder violates this 
section, the Coast Guard may pursue suspension or revocation of the 
license, MMD, COR, or MMC under the provisions of part 5 of this 
chapter.
    (b) Whenever a mariner loses a credential, he or she must 
immediately report the loss to the Coast Guard. The report must be made 
in writing, giving the facts incident to its loss.
    (c) Invalid credentials must be returned to the Coast Guard. Upon 
written request, the Coast Guard will return the cancelled credential 
to the mariner.


Sec.  10.235  Suspension or revocation of merchant mariner credentials.

    (a) Any MMC or endorsement is subject to suspension or revocation 
on the same grounds, in the same manner, and with like procedure as 
provided in 46 U.S.C. chapter 77.
    (b) When any individual's credential is revoked, it is no longer 
valid for any purpose, and any MMC subsequently requested must be 
applied for as an original. When an endorsement on an individual's MMC 
is revoked, it is no longer valid, and any endorsement of the same type 
subsequently requested must be applied for as an original. When an 
officer's endorsement is revoked, the Coast Guard will issue an MMC 
containing any rating endorsement for which the holder is qualified.
    (c) An applicant who has had a TWIC, credential, or endorsement 
revoked, and who is applying for a subsequent MMC or endorsement, must 
state in his or her application the date of revocation, the serial 
number of the document revoked, and the type of document or endorsement 
revoked.
    (d) A person whose credential or endorsement has been revoked or 
suspended without probation may not be issued a replacement credential 
or endorsement without approval of the Commandant. If a mariner has 
multiple endorsements and one or more, but not all, of those 
endorsements are suspended or revoked, the mariner may apply for a 
replacement MMC reflecting those endorsements for which the mariner 
remains qualified.
    (e) When a credential or endorsement that is about to expire has 
been suspended, the renewal of the credential or endorsement will be 
withheld until expiration of the suspension period.
    (f) An applicant for renewal or return of a credential with 
endorsement as master or mate (pilot) of towing vessels whose most 
recent credential has been suspended or revoked by an administrative 
law judge for incompetence must complete the practical demonstration 
required under Sec.  10.227(d)(8)(vi)(A).
    (g) Beginning April 15, 2009, if the Coast Guard is advised by the 
Transportation Security Administration (TSA) that a mariner has either 
been denied a TWIC or their TWIC has been revoked, the Coast Guard may 
initiate suspension and revocation action against the mariner's MMC, 
license, MMD, and COR under 46 U.S.C. 7702 and 7703. During the 
subsequent suspension and revocation proceeding, the TSA decision to 
deny issuance of, or to revoke, a mariner's TWIC will not be subject to 
review, and the mariner's failure to hold a TWIC will be treated by the 
Coast Guard as proof that the mariner is not eligible for an MMC, 
license, MMD or COR.
    (h) Beginning April 15, 2009, a mariner that has either been denied 
issuance of a TWIC or whose TWIC has been revoked for non-
administrative reasons (e.g., being lost or stolen, not functioning, or 
having a misspelling) will be deemed ineligible for an MMC, license, 
MMD or COR.

[[Page 11232]]

Sec.  10.237  Right of appeal.

    (a) If the Coast Guard refuses to grant an applicant an MMC or 
endorsement, a written statement listing the reason(s) for denial will 
be provided to the applicant.
    (b) Any person directly affected by a decision or action taken 
under this subchapter, by or on behalf of the Coast Guard, may appeal 
under the provisions of subpart 1.03 of part 1 of this chapter.
    (c) The Coast Guard will not review decisions made by the 
Transportation Security Administration to suspend, revoke, or deny a 
mariner's TWIC.


Sec.  10.239  Quick reference table for MMC requirements.

    Table 10.239 provides a guide to the requirements for officer 
endorsements. Provisions in the reference section are controlling.
BILLING CODE 4910-15-P

[[Page 11233]]

[GRAPHIC] [TIFF OMITTED] TR16MR09.000


[[Page 11234]]


[GRAPHIC] [TIFF OMITTED] TR16MR09.001


[[Page 11235]]


BILLING CODE 4910-15-C

0
88. Revise the heading to newly redesignated part 11 to read as 
follows:

PART 11--REQUIREMENTS FOR OFFICER ENDORSEMENTS

0
89. The authority citation for part 11 continues to read as follows:

    Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 
and 2110; 46 U.S.C. chapter 71; 46 U.S.C. 7502, 7505, 7701, and 
8906; Executive Order 10173; Department of Homeland Security 
Delegation No. 0170.1. Section 11.107 is also issued under the 
authority of 44 U.S.C. 3507.


0
90. In newly redesignated Sec.  11.101--
0
a. Revise paragraphs (a) and (a)(1) to read as set out below;
0
b. In paragraph (a)(2), in the last sentence, remove the words ``in 
1995'' and ``certificate or'';
0
c. In paragraph (b), remove the word ``licenses'' and add, in its 
place, the words ``officer endorsements''; remove the words ``all 
licensed personnel shall'' and add, in their place, the words ``each 
officer credentialed under this part must''; and, after the words 
``characteristics of'', remove the word ``each'' and add, in its place, 
the word ``a''; and
0
d. In paragraph (c)(1), remove the words ``license or license 
endorsement'' and add, in their place, the words ``officer 
endorsement'':


Sec.  11.101  Purpose of regulations.

    (a) These regulations provide--
    (1) A means of determining the qualifications an applicant must 
possess to be eligible for an officer endorsement as a staff officer, 
deck officer, engineer, pilot, or radio officer on merchant vessels, or 
for an endorsement to operate uninspected passenger vessels; and
* * * * *

0
91. Revise newly redesignated Sec.  11.102 to read as follows:


Sec.  11.102  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish a notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. Also, it is available for inspection 
at the Coast Guard, Office of Operating and Environmental Standards 
(CG-5221), 2100 Second Street, SW., Washington, DC 20593-0001, 202-372-
1405 and is available from the sources indicated in this section.
    (b) International Maritime Organization (IMO), 4 Albert Embankment, 
London SE1 7SR, England, telephone: + 44 (0)20 7735 7611, http://
www.imo.org:
    (1) The International Convention on Standards of Training, 
Certification and Watchkeeping for Seafarers, 1978, as amended 1995 
(the STCW Convention or the STCW), approved for incorporation by 
reference in Sec. Sec.  11.202, 11.304, 11.603; 11.901, 11.903, 
11.1005, and 11.1105.
    (2) The Seafarers' Training, Certification and Watchkeeping Code, 
as amended 1995 (the STCW Code), approved for incorporation by 
reference in Sec. Sec.  11.202, 11.304, 11.901, 11.903, 11.1005, and 
11.1105.


Sec.  11.103  [Removed and Reserved]

0
92. Remove and reserve newly redesignated Sec.  11.103.


Sec.  11.105  [Removed and Reserved]

0
93. Remove and reserve newly redesignated Sec.  11.105.


0
94. In newly redesignated Sec.  11.107, revise paragraphs (b)(1), 
(b)(2), and (b)(3) to read as follows:


Sec.  11.107  Paperwork approval.

* * * * *
    (b) * * *
    (1) OMB 1625-0040-46 CFR 11.201, 11.202, 11.205, 11.470, 11.472, 
11.474, 11.542, and 11.544.
    (2) OMB 1625-028-46 CFR 11.302, 11.303, 11.304, 11.480.
    (3) OMB 1625-0079-46 CFR 11.304 and 11.309.


Sec.  11.109  [Removed and Reserved]

0
95. Remove and reserve newly redesignated Sec.  11.109.


Sec.  11.110  [Removed and Reserved]

0
96. Remove and reserve newly redesignated Sec.  11.110.


Sec.  11.111  [Removed and Reserved]

0
97. Remove and reserve newly redesignated Sec.  11.111.


Sec.  11.112  [Removed and Reserved]

0
98. Remove and reserve newly redesignated Sec.  11.112.


Sec.  11.113  [Removed and Reserved]

0
99. Remove and reserve newly redesignated Sec.  11.113.

Subpart B--General Requirements for Officer Endorsements


0
100. Revise the heading to subpart B as set forth above.


0
101. Revise newly redesignated Sec.  11.201 to read as follows:


Sec.  11.201  Eligibility for officer endorsements and STCW 
endorsements, general.

    (a) In addition to the requirements of part 10 of this chapter, the 
applicant for an officer endorsement, whether original, renewal, 
duplicate, or raise of grade, must establish to the satisfaction of the 
Coast Guard that he or she possesses all the qualifications necessary 
(including but not limited to age, experience, character references and 
recommendations, physical health, citizenship, approved training, 
passage of a professional examination, a test for dangerous drugs, and 
when required by this part, a practical demonstration of skills) before 
the Coast Guard will issue a merchant mariner credential (MMC).
    (b) Except as provided in Sec.  11.467(h) of this part, an 
applicant for an officer endorsement must demonstrate an ability to 
speak and understand English as found in the navigation rules, aids to 
navigation publications, emergency equipment instructions, machinery 
instructions, and radiotelephone communications instructions.
    (c) An applicant for an officer endorsement must have at least 
three months of qualifying service on vessels of appropriate tonnage or 
horsepower within the three years immediately preceding the date of 
application.
    (d) No officer endorsement may be issued to any person who is not a 
citizen of the United States with the exception of operators of 
uninspected passenger vessels that are not documented under the laws of 
the United States.
    (e) Except as specified in this paragraph, no officer endorsement 
may be issued to a person who has not attained the age of 21 years. The 
required evidence of age may be established using any of the items 
submitted to establish citizenship set out in 49 CFR 1572.17 of this 
chapter:
    (1) An endorsement may be granted to an applicant who has reached 
the age of 19 years as:
    (i) Master of near coastal, Great Lakes and inland, inland, or 
river vessels of 25-200 GRT;
    (ii) Third mate;
    (iii) Third assistant engineer;
    (iv) Mate of vessels of 200-1,600 GRT;
    (v) Ballast control operator (BCO);
    (vi) Assistant engineer (MODU);

[[Page 11236]]

    (vii) Assistant engineer of fishing industry vessels;
    (viii) Mate (pilot) of towing vessels;
    (ix) Radio officer;
    (x) Assistant engineer (limited oceans); or
    (xi) Designated duty engineer of vessels of not more than 4,000 
horsepower.
    (2) An endorsement may be granted to an applicant who has reached 
the age of 18 years as:
    (i) Limited master of near-coastal vessels of not more than 100 
GRT;
    (ii) Limited master of Great Lakes and inland vessels of not more 
than 100 GRT;
    (iii) Mate of Great Lakes and inland vessels of 25-200 GRT;
    (iv) Mate of near coastal vessels of 25-200 GRT;
    (v) Operator of uninspected passenger vessels (OUPV);
    (vi) Designated duty engineer of vessels of not more than 1,000 
horsepower; or
    (vii) Apprentice mate (steersman) of towing vessels.
    (f) Persons serving or intending to serve in the merchant marine 
service are encouraged to take the earliest opportunity to ascertain, 
through examination, whether their visual acuity, color vision, 
hearing, and general physical condition where required, are such as to 
qualify them for service in that profession. Any physical impairment or 
medical condition which would render an applicant incompetent to 
perform the ordinary duties required of an officer at sea is cause for 
denial of an officer endorsement.
    (g) Applications for an original officer's endorsement, raises of 
grade, extensions of route, or STCW endorsements must be current and up 
to date with respect to service and the physical examination, as 
appropriate. Physical examinations and applications are valid for 12 
months from the date the application is approved.
    (h) Applicants for an endorsement as OUPV must meet the 
requirements for an officer endorsement.
    (i) The Officer in Charge, Marine Inspection (OCMI), may modify the 
service and examination requirements in this part to satisfy the unique 
qualification requirements of an applicant. The OCMI may also lower the 
age requirement for OUPV applicants. The authority granted by an 
officer endorsement will be restricted to reflect any modifications 
made under the authority of this paragraph. These restrictions may not 
be removed without the approval of the OCMI issuing the license or 
officer endorsement.


0
102. Revise newly redesignated Sec.  11.202 to read as follows:


Sec.  11.202  STCW endorsements.

    (a) General. When an original MMC is issued, renewed, upgraded, or 
otherwise modified, the OCMI will determine whether the applicant needs 
to have an STCW endorsement for service on a seagoing vessel and then, 
if the applicant is qualified, will issue the appropriate endorsement. 
The OCMI will also issue an STCW endorsement at other times, if 
circumstances so require and if the applicant is qualified to hold the 
endorsement.
    (b) Basic safety training or instruction. Except as provided in 
paragraph (f) of this section, an STCW endorsement will be issued only 
when the candidate provides evidence of having achieved or, if training 
has been completed, having maintained the minimum standards of 
competence for the following four areas of basic safety within the 
previous five years upon assessment of a practical demonstration of 
skills and abilities:
    (1) Personal survival techniques as set out in table A-VI/1-1 of 
the STCW Code (incorporated by reference, see Sec.  11.102).
    (2) Fire prevention and firefighting as set out in table A-VI/1-2 
of the STCW Code (incorporated by reference, see Sec.  11.102).
    (3) Elementary first aid as set out in table A-VI/1-3 of the STCW 
Code (incorporated by reference, see Sec.  11.102).
    (4) Personal safety and social responsibilities as set out in table 
A-VI/1-4 of the STCW Code (incorporated by reference, see Sec.  
11.102).
    (c) Competence in the use of Automatic Radar-Plotting Aids (ARPA). 
(1) Subject to paragraphs (c)(2) and (f) of this section, each 
candidate for an STCW endorsement as master or mate for service on 
vessels in ocean or near-coastal service must present a certificate of 
completion from an approved course or from accepted training on an ARPA 
simulator. The course or training must be sufficient to establish that 
the applicant is competent to maintain safe navigation through the 
proper use of ARPA by correctly interpreting and analyzing the 
information obtained from that device and taking into account both the 
limitations of the equipment and the prevailing circumstances and 
conditions. The simulator used in the course or training must meet or 
exceed the performance standards established under STCW Regulation I/12 
(incorporated by reference, see Sec.  11.102).
    (2) Training and assessment in the use of ARPA are not required for 
mariners serving exclusively on vessels not fitted with ARPA. However, 
when any mariner so serving has not completed it, his or her STCW 
endorsement will indicate this limitation.
    (d) Endorsement for operator of radio in the Global Maritime 
Distress and Safety System (GMDSS). (1) Subject to paragraphs (d)(2) 
and (f) of this section, each candidate for an STCW endorsement as 
master or mate for service on vessels in ocean or near-coastal service 
shall present:
    (i) A certificate for operator of radio in the GMDSS issued by the 
Federal Communications Commission (FCC); and
    (ii) A certificate of completion from a Coast Guard-approved or 
accepted course for operator of radio in the GMDSS or from another 
approved or accepted program of training and assessment covering the 
same areas of competence. The course or program must be sufficient to 
establish that the applicant is competent to perform radio duties on a 
vessel participating in the GMDSS and meets the standard of competence 
under STCW Regulation IV/2 (incorporated by reference, see Sec.  
11.102).
    (2) Paragraph (d)(1) of this section does not apply to a candidate 
intending to serve only as a pilot or intending to serve only on 
vessels not required to comply with the provisions of the GMDSS in 
Chapter IV of the Convention for the Safety of Life at Sea, 1974, as 
amended (SOLAS). SOLAS is available from the International Maritime 
Organization (IMO), 4 Albert Embankment, London SE1 7SR, England, 
telephone: + 44 (0)20 7735 7611, http://www.imo.org.
    (3) Each candidate presenting a certificate described in paragraph 
(d)(1) of this section may receive a GMDSS endorsement.
    (e) Procedures for bridge team work. Except as otherwise provided 
in paragraph (f) of this section, each candidate for an STCW 
endorsement as master or mate for service on vessels in ocean or near-
coastal service must present sufficient documentary proof that he or 
she understands, and can effectively apply procedures for, bridge team 
work as an essential aspect of maintaining a safe navigational watch, 
taking into account the principles of bridge-resource management 
enumerated in Section B-VIII/2 of the STCW Code.
    (f) Notwithstanding paragraph (b) through (e) of this section, 
Sec.  11.304, and Sec.  11.901, each mariner found qualified to hold 
any of the following officer

[[Page 11237]]

endorsements will also be entitled to hold an STCW endorsement 
corresponding to the service or other limitations on the MMC, because 
the vessels concerned are not subject to further obligation under STCW 
because of their special operating conditions as small vessels engaged 
in domestic voyages:
    (1) Masters, mates, or engineers endorsed for service on small 
passenger vessels that are subject to subchapter T or K of this chapter 
and that operate beyond the boundary line.
    (2) Masters, mates, or engineers endorsed for service on seagoing 
vessels of less than 200 gross register tons (GRT), other than 
passenger vessels subject to subchapter H of this chapter.
    (g) No mariner serving on, and no owner or operator of any of the 
following vessels, need hold an STCW endorsement, because they are 
exempt from application of STCW:
    (1) Uninspected passenger vessels as defined in 46 U.S.C. 2101(42).
    (2) Fishing vessels as defined in 46 U.S.C. 2101(11)(a).
    (3) Fishing vessels used as fish-tender vessels as defined in 46 
U.S.C. 2101(11)(c).
    (4) Barges as defined in 46 U.S.C. 2101(2), including non-self-
propelled mobile offshore drilling units.
    (5) Vessels operating exclusively on the Great Lakes or on the 
inland waters of the U.S. in the Straits of Juan de Fuca inside 
passage.


Sec.  11.203  [Removed and Reserved]

0
103. Remove and reserve newly redesignated Sec.  11.203.


Sec.  11.204  [Removed and Reserved]

0
104. Remove and reserve newly redesignated Sec.  11.204.

0
105. Revise newly redesignated Sec.  11.205 to read as follows:


Sec.  11.205  Requirements for original officer endorsements and STCW 
endorsements.

    (a) General. In addition to the requirements in part 10 of this 
chapter and Sec. Sec.  11.201 through 11.203 of this part, the 
applicant for an original officer endorsement must also satisfy the 
requirements of this section.
    (b) Experience or training. (1) All applicants for original officer 
or STCW endorsements shall present to the OCMI letters, discharges, or 
other documents certifying the amount and character of their experience 
and the names, tonnage, and horsepower of the vessels on which 
acquired. The OCMI must be satisfied as to the authenticity and 
acceptability of all evidence of experience or training presented. 
Certificates of discharge are returned to the applicant. The OCMI shall 
note on the application that service represented by these documents has 
been verified. All other documentary evidence of service, or authentic 
copies thereof, is filed with the application. An MMC is not considered 
as satisfactory evidence of any qualifying experience.
    (2) No original officer or STCW endorsement may be issued to any 
naturalized citizen based on less experience in any grade or capacity 
than would have been required of a citizen of the United States by 
birth.
    (3) Experience and service acquired on foreign vessels is 
creditable for establishing eligibility for an original officer or STCW 
endorsement, subject to evaluation by the OCMI to determine that it is 
a fair and reasonable equivalent to service acquired on merchant 
vessels of the United States, with respect to grade, tonnage, 
horsepower, waters, and operating conditions. An applicant who has 
obtained qualifying experience on foreign vessels shall submit 
satisfactory documentary evidence of such service (including any 
necessary translation into English) in the forms prescribed by 
paragraph (b)(1) of this section.
    (4) No applicant for an original officer or STCW endorsement who is 
a naturalized citizen, and who has obtained experience on foreign 
vessels, will be given an original officer endorsement in a grade 
higher than that upon which he or she has actually served while acting 
under the authority of a foreign credential.
    (c) Character check and references. (1) Each applicant for an 
original officer or STCW endorsement must submit written 
recommendations concerning the applicant's suitability for duty from a 
master and two other individuals holding officer endorsements or 
licenses on vessels on which the applicant has served.
    (i) For an officer endorsement as engineer or as pilot, at least 
one of the recommendations must be from the chief engineer or pilot, 
respectively, of a vessel on which the applicant has served.
    (ii) For an officer endorsement as engineer where service was 
obtained on vessels not carrying a credentialed engineer and for an 
officer endorsement as master or mate (pilot) of towing vessels, the 
recommendations may be by recent marine employers with at least one 
recommendation from a master, operator, or person in charge of a vessel 
upon which the applicant has served.
    (iii) For an officer endorsement as offshore installation manager, 
barge supervisor, or ballast control operator, at least one 
recommendation must be from an offshore installation manager of a unit 
on which the applicant has served.
    (iv) Where an applicant qualifies for an endorsement through an 
approved training school or program, one of the character references 
must be an official of that school or program.
    (v) For an endorsement for which no commercial experience may be 
required, such as master or mate 25-200 gross tons, OUPV, radio 
officer, or certificate of registry, the applicant may have the written 
recommendations of three persons who have knowledge of the applicant's 
suitability for duty.
    (vi) A person may apply for an original officer or STCW 
endorsement, or officer or STCW endorsement of a different type, while 
on probation as a result of administrative action under part 5 of this 
chapter. The offense for which the applicant was placed on probation 
will be considered in determining his or her fitness to hold the 
endorsement applied for. An officer or STCW endorsement issued to an 
applicant on probation will be subject to the same probationary 
conditions as were imposed against the applicant's other credential. An 
applicant may not take an examination for an officer or STCW 
endorsement during any period when a suspension without probation or a 
revocation is effective against the applicant's currently held license, 
merchant mariner's document, or MMC, or while an appeal from these 
actions is pending.
    (vii) If an original license, certificate of registry, or officer 
endorsement has been issued when information about the applicant's 
habits of life and character is brought to the attention of the OCMI, 
if such information warrants the belief that the applicant cannot be 
entrusted with the duties and responsibilities of the license, 
certificate of registry, or endorsement issued, or if such information 
indicates that the application for the license, certificate of 
registry, or endorsement was false or incomplete, the OCMI may notify 
the holder in writing that the license, certificate of registry, or 
endorsement is considered null and void, direct the holder to return 
the credential to the OCMI, and advise the holder that, upon return of 
the credential, the appeal procedures of Sec.  10.237 of this chapter 
apply.
    (d) Firefighting certificate. Applicants for officer endorsements 
in the following categories must present a certificate of completion 
from a firefighting course of instruction which has been approved by 
the Commandant. The course must meet both the basic and advanced 
sections of the International Maritime Organization's

[[Page 11238]]

(IMO) Resolution A.437 (XI) Training of Crews in Firefighting. 
(Available from the International Maritime Organization (IMO), 4 Albert 
Embankment, London SE1 7SR, England, telephone: + 44 (0)20 7735 7611, 
http://www.imo.org). The course must have been completed within five 
years before the date of application for the officer endorsement 
requested.
    (1) Officer endorsement as master on vessels of 200 GRT or less in 
ocean service.
    (2) Officer endorsements as master or mate on vessels of more than 
200 GRT.
    (3) All officer endorsements for master or mate (pilot) of towing 
vessels, except apprentice mate (steersman) of the vessels, on oceans.
    (4) All officer endorsements for MODUs.
    (5) All officer endorsements for engineers.
    (e) First aid and cardiopulmonary resuscitation (CPR) course 
certificates. All applicants for an original officer endorsement, 
except as provided in Sec. Sec.  11.429, 11.456, and 11.467 of this 
part, must present to the OCMI:
    (1) A certificate indicating completion of a first aid course not 
more than one year from the date of application from:
    (i) The American National Red Cross Standard First Aid and 
Emergency Care or Multi-media Standard First Aid course; 
    (ii) A Coast Guard-approved first aid training course; or
    (iii) A course the OCMI determines meets or exceeds the standards 
of the American Red Cross courses; and
    (2) A currently valid certificate of completion of a CPR course 
from either:
    (i) The American National Red Cross;
    (ii) The American Heart Association;
    (iii) A Coast Guard-approved CPR training course; or
    (iv) A course the OCMI determines meets or exceeds the standards of 
the American Red Cross or American Heart Association courses.
    (f) Professional Examination. (1) When the OCMI finds the 
applicant's experience and training to be satisfactory and the 
applicant is eligible in all other respects, the OCMI will authorize 
the examination in accordance with the following requirements:
    (i) Any applicant for a deck or engineer officer endorsement 
limited to vessels not exceeding 500 GRT, or an officer endorsement 
limited to uninspected fishing-industry vessels, may request an oral-
assisted examination in lieu of any written or other textual 
examination. If there are textual questions that the applicant has 
difficulty reading and understanding, the OCMI will offer the oral-
assisted examination. Each officer endorsement based on an oral-
assisted examination is limited to the specific route and type of 
vessel upon which the applicant obtained the majority of service.
    (ii) The general instructions for administration of examinations 
and the lists of subjects for all officer endorsements appear in 
subpart I of this part. The OCMI will place in the applicant's file a 
record indicating the subjects covered.
    (2) When the application of any person has been approved, the 
applicant should take the required examination as soon as practicable. 
If the applicant cannot be examined without delay at the office where 
the application is made, the applicant may request that the examination 
be given at another office.
    (3) The qualification requirements for radar observer are contained 
in Sec.  11.480 of this part.
    (4) An examination is not required for a staff officer or radio 
officer endorsement.
    (g) Practical demonstration of skills. Each candidate for an 
original STCW endorsement must successfully complete any practical 
demonstrations required under this part and appropriate to the 
particular endorsement concerned, to prove that he or she is 
sufficiently proficient in skills required under subpart I of this 
part. The OCMI must be satisfied with the authenticity and 
acceptability of all evidence that each candidate has successfully 
completed the demonstrations required under this part in the presence 
of a designated examiner. The OCMI will place a written or electronic 
record of the skills required, the results of the practical 
demonstrations, and the identification of the designated examiner in 
whose presence the requirements were fulfilled in the file of each 
candidate.


Sec.  11.207  [Removed and Reserved]

0
106. Remove and reserve newly redesignated Sec.  11.207.


Sec.  11.209  [Removed and Reserved]

0
107. Remove and reserve newly redesignated Sec.  11.209.


Sec.  11.210  [Removed and Reserved]

0
108. Remove and reserve newly redesignated Sec.  11.210.

0
109. In newly redesignated Sec.  11.211--
0
a. Revise the section heading;
0
b. In paragraph (a), remove the words ``licensing purposes'' and add, 
in their place, the words, ``the purposes of this part''; and remove 
the words ``officials or licensed masters'' and add, in their place, 
the words ``officials, or individuals holding an officer endorsement or 
license as master'';
0
c. In paragraph (b) introductory text, remove the word ``license'' and 
add, in its place, the words ``officer endorsement'';
0
d. Revise paragraph (c); and
0
e. In paragraph (d), in the first sentence, remove the word 
``licenses'' and add, in its place, the words ``officer endorsement''; 
and in the second sentence, remove the word ``license'' and add, in its 
place, the words ``officer endorsement''.
    The revisions read as follows:


Sec.  11.211  Creditable service and equivalents for officer 
endorsements.

* * * * *
    (c) Service on mobile offshore drilling units is creditable for 
raise of grade of officer endorsement. Evidence of one year's service 
as mate or equivalent while holding a license as third mate, or as 
engineering officer of the watch or equivalent while holding an officer 
endorsement or license as third assistant engineer, is acceptable for a 
raise of grade to second mate or second assistant engineer, 
respectively; however, any subsequent raises of grade of unlimited, 
nonrestricted officer licenses or endorsements must include a minimum 
of six months of service on conventional vessels.
* * * * *


Sec.  11.213  [Amended]

0
110. In newly redesignated Sec.  11.213--
0
a. In paragraph (a), in the first sentence, remove the word 
``licenses'' and add, in its place, the words ``officer endorsements''; 
and in the fifth sentence, remove the word ``license'' and add, in its 
place, the words ``officer endorsement''; and in the last sentence, 
remove the word ``license'' and add, in its place, the words ``officer 
endorsement'';
0
b. In paragraph (b), remove the words ``licensing purposes'' wherever 
they appear and add, in their place, the words ``the purposes of this 
part'';
0
c. In paragraph (d), remove the word ``licenses'' wherever it appears 
and add, in its place, the words ``officer endorsements''; after the 
words ``submitted for the'' remove the word ``license'' and add, in its 
place, the word ``endorsement''; and after the words ``submitted for an 
original'', remove the word ``license'' and add, in its place, the 
words ``officer endorsement''; and
0
d. In paragraph (e), after the words ``in which a license'', add the 
words ``or officer endorsement''.

[[Page 11239]]

Sec.  11.215  [Removed and Reserved]

0
111. Remove and reserve Sec.  11.215.


Sec.  11.217  [Amended]

0
112. In newly redesignated Sec.  11.217--
0
a. In the section heading, remove the word ``licenses'' and add, in its 
place, the words ``officer endorsements'';
0
b. In paragraph (a)(1), after the words ``deck and engineer 
unlimited'', remove the word ``licenses'' and add, in its place, the 
words ``officer endorsements''; and remove the words ``table 10.109 in 
Sec.  10.109'' and add, in their place, the words ``table 10.219(a) in 
Sec.  10.219 of this chapter'';
0
c. In paragraph (a)(2), after words ``deck and engineer'', remove the 
words ``license'' and add, in its place, the words ``officer 
endorsement''; and remove the words ``table 10.109 in Sec.  10.109'' 
and add, in their place, the words ``table 10.219(a) in Sec.  10.219 of 
this chapter''; and
0
d. In paragraph (b), remove the word ``license'' and add, in its place, 
the word ``endorsement''; and remove the words ``the applicant is 
furnished'' and add, in their place, the words ``the Coast Guard will 
provide the applicant''.


Sec.  11.219  [Removed and Reserved]

0
113. Remove and reserve newly redesignated Sec.  11.219.


Sec.  11.221  [Removed and Reserved]

0
114. Remove and reserve newly redesignated Sec.  11.221.


Sec.  11.223  [Removed and Reserved]

0
115. Remove and reserve newly redesignated Sec.  11.223.


Sec.  11.302  [Amended]

0
116. In newly redesignated Sec.  11.302(e), remove the words ``parts 
10, 12, 13 or 15,'' and add, in their place, the words ``parts 10, 11, 
12, 13, or 15''.
0
117. Revise newly designated Sec.  11.304 paragraphs (a), (c), (d), 
(e), (f), (g)(2), (g)(3), (g)(6), (g)(7), (h) introductory text, 
(h)(5), (h)(7), (h)(8), and (j) to read as follows:


Sec.  11.304  Substitution of training for required service, use of 
training-record books, and use of towing officer assessment records.

    (a) Satisfactory completion of certain training courses approved by 
the Commandant may be substituted for a portion of the required service 
for many deck and engineer officer endorsements and for qualified 
rating endorsements. The list of all currently approved courses of 
instruction, including the equivalent service and applicable 
endorsements, is maintained by the National Maritime Center. 
Satisfactory completion of an approved training course may be 
substituted for not more than two-thirds of the required service on 
deck or in the engine department for deck or engineer officer 
endorsements, respectively, and qualified rating endorsements.
* * * * *
    (c) Training obtained before receiving an officer endorsement may 
not be used for subsequent raises of grade.
    (d) Simulator training in combination with a Coast Guard-approved 
training course may be submitted to the Commanding Officer, National 
Maritime Center, for evaluation and determination of equivalency to 
required sea service. Simulator training cannot be substituted for 
recency requirements, but may substitute for a maximum of 25 percent of 
the required service for any officer endorsement transaction.
    (e) Except as provided in Sec.  11.202 of this part, when a 
candidate both applies for an STCW endorsement as OICNW, on the basis 
of training or sea service, and uses completion of approved training to 
substitute for required service, then not less than one year of the 
remaining service must be part of approved training that meets the 
appropriate requirements of Chapter II of STCW (incorporated by 
reference, see Sec.  11.102) and the requirements of subpart C of this 
part. The training of a candidate must be documented in a Coast Guard-
accepted training-record book.
    (f) Except as provided in Sec.  11.202 of this part, each candidate 
who applies for an STCW endorsement as an OICEW on the basis of 
training or sea service for service on seagoing vessels, shall complete 
onboard training as part of approved training that meets the 
appropriate requirements of Chapter III of STCW (incorporated by 
reference, see Sec.  11.102) and the requirements of subpart C of this 
part. The training must be documented in a Coast Guard-accepted 
training-record book.
    (g) * * *
    (2) The tasks to be performed or the skills to be demonstrated, 
with reference to the standards of competence set forth in the tables 
of the appropriate sections in part A of the STCW Code (incorporated by 
reference, see Sec.  11.102).
    (3) The criteria to be used in determining that the tasks or skills 
have been performed properly, again with reference to the standards of 
competence set forth in the tables of the appropriate sections in part 
A of the STCW Code (incorporated by reference, see Sec.  11.102).
* * * * *
    (6) The identity of each qualified instructor, including any MMC 
endorsements, license, or document held, and the instructor's 
signature.
    (7) The identity of each designated examiner, when any assessment 
of competence is recorded, including any MMC endorsement, license, or 
document held, and the examiner's signature confirming that his or her 
initials certify that he or she has witnessed the practical 
demonstration of a particular task or skill by the candidate.
    (h) Each applicant for an endorsement as master or mate (pilot) of 
towing vessels, and each master or mate of self-propelled vessels of 
greater than 200 GRT seeking an endorsement for towing vessels, shall 
complete a towing officers' assessment record that contains at least 
the following:
* * * * *
    (5) A place for a qualified instructor or credentialed officer 
(with authority to operate a towing vessel) to indicate by his or her 
initials that the candidate has received training in the proper 
performance of the tasks or skills.
* * * * *
    (7) Identification of each qualified instructor or credentialed 
officer (with authority to operate a towing vessel) by full name, home 
address, employer, job title, ship name or business address, MMC, 
license, or document held, and personal signature.
    (8) Identification of each designated examiner by full name, home 
address, employer, job title, ship name or business address, serial 
number of the TWIC, MMC, license, or document held, and personal 
signature confirming that his or her initials certify that he or she 
has witnessed the practical demonstration of a particular task or skill 
by the candidate.
* * * * *
    (j) Substitution of a training program in lieu of required service 
for an endorsement as mate (pilot) of towing vessels is governed by 
Sec.  11.465(a) and Table 11.465-1 of this part.


Sec.  11.309  [Amended]

0
118. In newly redesignated Sec.  11.309--
0
a. In paragraph (a) introductory text, remove the citation ``Sec.  
10.302'' and add, in its place, the citation ``Sec.  11.302''; after 
the words ``hold an STCW'', remove the words ``certificate or''; and 
remove the words ``for service on or after February 1, 2002'';

[[Page 11240]]

0
b. In paragraph (a)(3)(iii), after the words ``level of license,'' add 
the word ``officer'';
0
c. In paragraph (a)(4), after the words ``maritime license'', add the 
words ``, MMC,'';
0
d. In paragraph (b), in the second sentence, remove the word 
``licenses'' and add, in its place, the word ``officer'';
0
e. In paragraph (c)(2), remove the words ``(G-MOC)'' and add, in their 
place, the words ``(CG-543)''; and
0
f. In paragraph (c)(3), remove the words ``STCW endorsement'' and add, 
in their place, the words ``officer or STCW endorsements''.

Subpart D--Professional Requirements for Deck Officers

0
119. Revise the heading for subpart D to read as set forth above.
0
120. Revise newly redesignated Sec.  11.401 to read as follows:


Sec.  11.401  Ocean and near-coastal officer or STCW endorsements.

    (a) Any license or MMC endorsement for service as master or mate on 
ocean waters qualifies the mariner to serve in the same grade on any 
waters, subject to the limitations of the endorsement.
    (b) A license or MMC endorsement issued for service as master or 
mate on near-coastal waters qualifies the mariner to serve in the same 
grade on near-coastal, Great Lakes, and inland waters, subject to the 
limitations of the endorsement.
    (c) Near-coastal endorsements for any gross tons require the same 
number of years of service as the ocean-unlimited endorsements. The 
primary differences in these endorsements are the nature of the service 
and the professional examination as explained in subpart I of this 
part.
    (d) A mariner having a master or mate near-coastal license or MMC 
endorsement obtained with ocean service may have an MMC endorsed for 
ocean service by completing the appropriate examination deficiencies, 
provided that the additional service requirements of paragraph (e) of 
this section do not apply.
    (e) Master or third mate near-coastal unlimited endorsements may be 
obtained by completing the prescribed examination in subpart I of this 
part and satisfying the requirements of paragraph (g) of this section 
while holding a license or MMC endorsement as unlimited master or mate, 
respectively, upon Great Lakes and inland waters. To have a near-
coastal-unlimited endorsement obtained in this manner endorsed for 
ocean service, the mariner must obtain 12 months of service as a deck-
watch officer or higher on ocean waters on vessels of 1,600 GRT or 
over, in addition to completing the examination topics.
    (f) Masters and mates endorsements for service on vessels of more 
than 200 gross tons may be endorsed for sail or auxiliary sail as 
appropriate. The applicant must present the equivalent total qualifying 
service required for conventional officer endorsements including at 
least one year of deck experience on that specific type of vessel. For 
example, for an officer endorsement as a master of vessels of not more 
than 1,600 gross tons endorsed for auxiliary sail, the applicant must 
meet the total experience requirements for the conventional officer 
endorsement, including time as mate and the proper tonnage experience, 
including at least one year of deck service on appropriately sized 
auxiliary-sail vessels. For an endorsement to serve on vessels of 200 
gross tons or less, see individual endorsement requirements.
    (g) In order to obtain a master or mate endorsement with a tonnage 
limit above 200 gross tons, or an endorsement for 200 gross tons or 
less with an ocean route, whether an original, raise in grade, or 
increase in the scope of the endorsement authority to a higher tonnage 
category, the applicant must successfully complete the following 
training and examination requirements:
    (1) Approved firefighting course;
    (2) Approved radar-observer course; and
    (3) Qualification as an able seaman unlimited or able seaman 
limited (able seaman special or able seaman offshore supply vessels 
satisfy the able seaman requirement for endorsements permitting service 
on vessels of 1,600 gross tons or less).
    (h) Each applicant for a deck officer endorsement, which authorizes 
service on vessels above 1,600 gross tons on ocean or near-coastal 
waters, whether original or raise of grade, must pass a practical-
signaling examination (flashing light). An applicant who fails in 
practical signaling, but passes every other part of the examination, 
may be issued an endorsement with a 1,600 gross ton limitation. The 
tonnage limitation can be removed upon successful completion of the 
signaling examination.

0
121. In newly redesignated Sec.  11.402--
0
a. Revise the section heading;
0
b. In paragraph (a), remove the word ``license'' and add, in its place, 
the word ``endorsement'';
0
c. Revise paragraph (b);
0
d. In paragraph (c)(1), remove the word ``licensed'' and add in its 
place, the word ``endorsed'';
0
e. In paragraph (c)(2), remove the words ``licensed capacity'' and add, 
in their place, the words ``capacity as an officer''; after the words 
``for which'', remove the word ``licensed'' and add, in its place, the 
word ``endorsed''; after the words ``next higher grade'', remove the 
word ``license'' and add, in its place, the word ``endorsement''; and 
after the words ``limited license'', add the words ``or MMC 
endorsement'';
0
f. In paragraph (c)(3), after the words ``a license'', add the words 
``or endorsement''; and after the words ``third mate's license'', add 
the words ``or MMC endorsement''; and
0
g. In paragraph (d), after the word ``licenses'', wherever it appears, 
add the words ``or endorsements''.
    The revisions read as follows:


Sec.  11.402  Tonnage requirements for ocean or near coastal 
endorsements for vessels of over 1600 gross tons.

* * * * *
    (b) If the applicant for an endorsement as master or mate does not 
have the service on vessels over 1600 gross tons required by paragraph 
(a) of this section, or is qualifying for third mate under the 
provisions of Sec.  11.407(c) of this subpart, a tonnage limitation is 
placed on the endorsement based on the applicant's qualifying 
experience. The endorsement is limited to the maximum tonnage on which 
at least 25 percent of the required experience was obtained, or 150 
percent of the maximum tonnage on which at least 50 percent of the 
service was obtained, whichever is higher. Limitations are in multiples 
of 1000 gross tons, using the next higher figure when an intermediate 
tonnage is calculated. When the calculated limitation equals or exceeds 
10,000 gross tons, the applicant is issued an unlimited tonnage 
endorsement.
* * * * *

0
122. Revise Sec.  11.403 to read as follows:


Sec.  11.403  Structure of deck officer endorsements.

    The following diagram illustrates the deck officer endorsement 
structure, including cross over points. The section numbers on the 
diagram refer to the specific requirements applicable.

[[Page 11241]]

[GRAPHIC] [TIFF OMITTED] TR16MR09.002

Sec.  11.404  [Amended]

0
123. In newly redesignated Sec.  11.404--
0
a. In the introductory text, remove the word ``license'' and add, in 
its place, the words ``an endorsement''; and
0
b. In paragraph (b) introductory text, after the words ``holding a 
license'', add the words ``or MMC endorsement''.


Sec.  11.405  [Amended]

0
124. In newly redesignated Sec.  11.405, after the words ``qualify an 
applicant for'' remove the word ``license'' and add, in its place, the 
words ``an endorsement''; and after the words ``holding a license'', 
add the words ``or MMC endorsement''.


Sec.  11.406  [Amended]

0
125. In newly redesignated Sec.  11.406--
0
a. In the introductory text, remove the word ``license'' and add, in 
its place, the words ``an endorsement'';
0
b. In paragraph (a), after the words ``holding a license'', add the 
words ``or endorsement'';
0
c. In paragraph (b) introductory text, after the words ``holding a 
license'', add the words ``or MMC endorsement'';
0
d. In paragraph (b)(2), after the words ``holding a certificate'', add 
the words ``or MMC endorsement''; and
0
e. In paragraph (c), remove the words ``A licensed'' and add, in their 
place, the words ``An individual holding an endorsement or license 
as''; and after the words ``may obtain'', remove the words ``a 
license'' and add, in their place, the words ``an endorsement''.


Sec.  11.407  [Amended]

0
126. In newly redesignated Sec.  11.407--
0
a. In paragraph (a) introductory text, remove the word ``license'' and 
add, in its place, the words ``an endorsement'';
0
b. In paragraph (a)(1), after the words ``a certificate'', add the 
words ``or endorsement''; and remove the word ``license'' and add, in 
its place, the words ``officer endorsement'';
0
c. In paragraph (b), remove the words ``a license'' and add, in their 
place, the words ``an endorsement''; and
0
d. In paragraph (c), after the words ``holding a license'', add the 
words ``or MMC endorsement''; and after the words ``qualify the 
applicant for'', remove the words ``a license'' and add, in their 
place, the words ``an endorsement''.


Sec.  11.410  [Amended]

0
127. In newly redesignated Sec.  11.410--
0
a. In the section heading, remove the word ``licenses'' and add, in its 
place, the words ``officer endorsements'';
0
b. In paragraph (a) introductory text, remove the word ``Licenses'' and 
add, in its place, the word ``Endorsements'';
0
c. In paragraph (b), remove the word ``license'' and add, in its place, 
the word ``endorsement''; and
0
d. In paragraph (c), remove the words ``A license'' and add, in their 
place, the words ``An officer's endorsement''.


Sec.  11.412  [Amended]

0
128. In newly redesignated Sec.  11.412--
0
a. In the introductory text, remove the words ``a license'' and add, in 
their place, the words ``an endorsement'';
0
b. In paragraph (a), after the words ``holding a license'', add the 
words ``or MMC endorsement''; and remove the words ``master, mate 
master or mate (pilot)'' wherever they appear and add, in their place, 
the words ``master, mate, master or mate (pilot)''; and
0
c. In paragraph (b), after the words ``holding a license'', add the 
words ``or MMC endorsement''; and after the words ``eligible for 
this'', remove the word ``license'' and add, in its place, the word 
``endorsement''.


Sec.  11.414  [Amended]

0
129. In newly redesignated Sec.  11.414--
0
a. In the introductory text, remove the words ``a license'' and add, in 
their place, the words ``an endorsement''; and
0
b. In paragraph (a), after the words ``holding a license'' add the 
words ``or MMC endorsement''; and remove the words ``master, mate 
master or mate

[[Page 11242]]

(pilot)'' wherever they appear and add, in their place, the words 
``master, mate, master or mate (pilot)''.


Sec.  11.416  [Amended]

0
130. In newly redesignated Sec.  11.416 text, remove the words ``a 
license'' and add, in their place, the words ``an endorsement''; and 
after the words ``holding a certificate'', add the words ``or 
endorsement''.


Sec.  11.418  [Amended]

0
131. In newly redesignated Sec.  11.418--
0
a. In the introductory text, remove the words ``a license'' and add, in 
their place, the words ``an endorsement'';
0
b. In paragraph (a), after the words ``holding a license'', add the 
words ``or MMC endorsement'';
0
c. In paragraph (b), after the words ``The holder of a license'', add 
the words ``or MMC endorsement''; and after the words ``is eligible 
for'', remove the words ``a license'' and add, in their place, the 
words ``an endorsement''.


Sec.  11.420  [Amended]

0
132. In newly redesignated Sec.  11.420 text, after the words ``qualify 
an applicant for'' remove the words ``a license'' and add, in their 
place, the words ``an endorsement''; and after the words ``position 
while holding a license'', add the words ``or endorsement''.


Sec.  11.421  [Amended]

0
133. In newly redesignated Sec.  11.421 text, remove the words ``a 
license'' and add, in their place, the words ``an endorsement''; and 
after the words ``holding a certificate'', add the words ``or 
endorsement''.


Sec.  11.422  [Amended]

0
134. In newly redesignated Sec.  11.422--
0
a. In the section heading, remove the word ``licenses'' and add, in its 
place, the word ``endorsements'';
0
b. In paragraph (a), remove the word ``licenses'' and add, in its 
place, the word ``endorsements''; and remove the word ``license'' and 
add, in its place, the word ``endorsement'';
0
c. In paragraph (b) introductory text, remove the word ``licenses'' and 
add, in its place, the word ``endorsements'';
0
d. In paragraphs (b)(1) and (b)(2), remove the word ``license'' 
wherever it appears and add, in its place, the word ``endorsement'';
0
e. In paragraph (b)(3), remove the word ``license'' and add, in its 
place, the words ``officer endorsement'';
0
f. In paragraph (b)(4), after the words ``increment on the'', remove 
the word ``license'' and add, in its place, the words ``officer's 
license or MMC endorsement'';
0
g. In paragraph (c), after the words ``vessels upon which'', remove the 
words ``licensed personnel are not required'' and add, in their place, 
the words ``no personnel need an officer endorsement or license''; and 
after the words ``required to engage'', remove the words ``licensed 
individuals'' and add, in their place, the words ``individuals with 
officer endorsements''; and
0
h. In paragraph (e), remove the word ``license'' and add, in its place, 
the words ``officer endorsement''.


Sec.  11.424  [Amended]

0
135. In newly redesignated Sec.  11.424--
0
a. In paragraph (a) introductory text, remove the words ``a license'' 
and add, in their place, the words ``an officer endorsement'';
0
b. In paragraph (a)(1), after the words ``holding a license'', add the 
words ``or MMC endorsement'';
0
c. In paragraph (a)(2), remove the word ``licensed'';
0
d. In paragraph (b), remove the words ``endorsement on this license'' 
and add, in their place, the words ``officer endorsement''; and after 
the words ``master's license'', add the words ``or MMC endorsement''; 
and
0
e. In paragraph (c), remove the words ``Sec.  10.401(g) of this 
subpart'' and add, in their place, the words ``Sec.  11.401(g)''.


Sec.  11.426  [Amended]

0
136. In newly redesignated Sec.  11.426--
0
a. In paragraph (a) introductory text, remove the words ``a license'' 
and add, in their place, the words ``an endorsement'';
0
b. In paragraph (a)(1), after the words ``holding a license'' add the 
words ``or endorsement'';
0
c. In paragraph (a)(2), remove the word ``licensed''; and
0
d. In paragraph (b), remove the words ``an endorsement on this 
license'' and add, in its place, the words ``this officer 
endorsement''; and after the words ``of the master's license'', add the 
words ``or MMC endorsement''.


Sec.  11.427  [Amended]

0
137. In newly redesignated Sec.  11.427--
0
a. In paragraph (a) introductory text, remove the word ``license'' and 
add, in its place, the word ``endorsement'';
0
b. In paragraph (a)(2), after the words ``holding a license'', add the 
words ``or MMC endorsement'';
0
c. In paragraph (b), after the words ``holder of a license'', add the 
words ``or MMC endorsement''; and after the words ``may obtain this'', 
remove the word ``license'' and add, in its place, the word 
``endorsement'';
0
d. In paragraph (c), remove the words ``an endorsement on this 
license'' and add, in its place, the words ``this officer 
endorsement'';
0
e. In paragraph (d), after the words ``A license'', add the words ``or 
MMC endorsement''; and
0
f. In paragraph (e), after the words ``a tonnage endorsement'', remove 
the word ``of'' and add, in its place, the word ``for''.


Sec.  11.428  [Amended]

0
138. In newly redesignated Sec.  11.428--
0
a. In paragraph (a), remove the words ``a license'' and add, in their 
place, the words ``an endorsement''; and
0
b. In paragraph (b), remove the words ``endorsement on this license'' 
and add, in their place, the word ``endorsement''; and after the words 
``issuance of the license'', add the words ``or MMC endorsement''.


Sec.  11.429  [Amended]

0
139. In newly redesignated Sec.  11.429--
0
a. In paragraph (a) introductory text, after the words ``Limited 
masters''', remove the word ``licenses'' and add, in its place, the 
word ``endorsements''; after the words ``educational institutions.'', 
remove the words ``A license'' and add, in their place, the words ``An 
endorsement''; and after the words ``obtain this restricted'', remove 
the word ``license'' and add, in its place, the word ``endorsement'';
0
b. In paragraph (a)(1), after the words ``for which the'' remove the 
word ``license'' and add, in its place, the word ``endorsement'';
0
c. In paragraph (b), remove the words ``Sec.  10.205(h) of this part'' 
and add, in their place, the words ``Sec.  11.205(e)''; and
0
d. In paragraph (c), after the words ``obtain an endorsement'', remove 
the words ``on this license'' and after the words ``issuance of the 
license'' add the words ``or MMC endorsement''.


Sec.  11.430  [Amended]

0
140. In newly redesignated Sec.  11.430--
0
a. In the section heading, remove the word ``Licenses'' and add, in its 
place, the word ``Endorsements''; and
0
b. In the text, after the words ``Any license'', wherever they appear, 
add the words ``or MMC endorsement''; after the word ``licenses'', 
wherever it appears, add the words ``and MMC endorsements''; and, after 
the words ``COLREGS or the'', remove the words ``license must be 
endorsed with an exclusion from'' and add, in their place, the words 
``endorsement must exclude''.


Sec.  11.431  [Amended]

0
141. In newly redesignated Sec.  11.431--

[[Page 11243]]

0
a. In the section heading, remove the word ``licenses'', and add, in 
its place, the word ``endorsements'';
0
b. In paragraph (a), remove the word ``licenses'', and add, in its 
place, the word ``endorsements''; and
0
c. In paragraph (b), remove the word ``licenses'', and add, in its 
place, the word ``endorsements''; and remove the citation ``Sec.  
10.402'' and add, in its place, the citation ``Sec.  11.402''.


Sec.  11.433  [Amended]

0
142. In newly redesignated Sec.  11.433--
0
a. In the introductory text, remove the word ``license'' and add, in 
its place, the words ``an endorsement''; and
0
b. In paragraph (c), after the words ``holding a license'', add the 
word ``or MMC endorsement''.


Sec.  11.435  [Amended]

0
143. In newly redesignated Sec.  11.435--
0
a. In the introductory text, remove the word ``license'', and add, in 
its place, the word ``an endorsement''; and
0
b. In paragraph (b), after the words ``mate/first class pilot 
license'', add the words ``or MMC endorsement''.


Sec.  11.437  [Amended]

0
144. In newly redesignated Sec.  11.437--
0
a. In paragraph (a) introductory text, remove the word ``license'', and 
add, in its place, the words ``an endorsement''; and
0
b. In paragraph (a)(3), after the words ``holding a license'', add the 
words ``or MMC endorsement''.


Sec.  11.442  [Amended]

0
145. In newly redesignated Sec.  11.442--
0
a. In the introductory text, remove the words ``a license'', and add, 
in their place, the words ``an endorsement''; and
0
b. In paragraphs (a) and (b), after the words ``holding a license'', 
wherever they appear, add the words ``or MMC endorsement''.


Sec.  11.444  [Amended]

0
146. In newly redesignated Sec.  11.444--
0
a. In the introductory text, remove the word ``license'' and add, in 
its place, the words ``an endorsement'';
0
b. In paragraph (a), after the words ``holding a certificate'', add the 
words ``or endorsement''; and
0
c. In paragraph (b), after the words ``holding a license'', add the 
words ``or MMC endorsement''.


Sec.  11.446  [Amended]

0
147. In newly redesignated Sec.  11.446--
0
a. In the introductory text, remove the words ``a license'' and add, in 
their place, the words ``an endorsement'';
0
b. In paragraph (a), after the words ``holding a license'', add the 
words ``or MMC endorsement''; and
0
c. In paragraph (b), after the words ``holding a license'', wherever 
they appear, add the words ``or MMC endorsement''; and after the words 
``eligible for this'', remove the word ``license'' and add, in its 
place, the word ``endorsement''.


Sec.  11.448  [Amended]

0
148. In newly redesignated Sec.  11.448 text, after the words ``an 
applicant for'', remove the words ``a license'' and add, in their 
place, the words ``an endorsement''; and after the words ``holding a 
certificate'', add the words ``or endorsement''.


Sec.  11.450  [Amended]

0
149. In newly redesignated Sec.  11.450--
0
a. In the section heading, remove the word ``licenses'' and add, in its 
place, the word ``endorsements'';
0
b. In paragraph (a), remove the word ``licenses'' and add, in its 
place, the word ``endorsements''; and remove the citation ``Sec.  
10.422'' each time it appears and add, in its place, the citation 
``Sec.  11.422'';
0
c. In paragraph (c), after the words ``vessels upon which'', remove the 
words ``licensed personnel'' and add, in their place, the words 
``personnel with licenses or endorsements''; and, after the words 
``required to engage'', remove the words ``licensed individuals'' and 
add, in their place, the words ``individuals with endorsements''; and
0
d. In paragraph (d), remove the word ``license'' and add, in its place, 
the word ``endorsement''.


Sec.  11.452  [Amended]

0
150. In newly redesignated Sec.  11.452--
0
a. In paragraph (a), after the words ``qualify an applicant for'', 
remove the words ``a license'' and add, in their place, the words ``an 
endorsement''; after the words ``holding a license'', add the words 
``or MMC endorsement''; and after the words ``otherwise the'', remove 
the word ``license'' and add, in its place, the word ``endorsement''; 
and
0
b. In paragraph (b), after the words ``In order to obtain an 
endorsement'', remove the words ``on this license''; and after the 
words ``master's license'' add the words ``or MMC endorsement''.


Sec.  11.454  [Amended]

0
151. In newly redesignated Sec.  11.454--
0
a. In paragraph (a), after the words ``qualify an applicant for'', 
remove the words ``a license'' and add, in their place, the words ``an 
endorsement''; and after the words ``otherwise the'', remove the word 
``license'' and add, in its place, the word ``endorsement'';
0
b. In paragraph (b), after the words ``In order to obtain an 
endorsement'', remove the words ``on this license'';
0
c. In paragraph (c), before the words ``as master of steam'', remove 
the words ``A license'' and add, in their place, the words ``An 
endorsement''; and
0
d. In paragraph (d), after the words ``The holder of a license'', add 
the words ``or MMC endorsement''; after the words ``may obtain this'', 
remove the word ``license'' and add, in its place, the word 
``endorsement''; and after the words ``otherwise the'', remove the word 
``license'' and add, in its place, the word ``endorsement''.


Sec.  11.455  [Amended]

0
152. In newly redesignated Sec.  11.455--
0
a. In paragraph (a), after the words ``qualify an applicant for'', 
remove the words ``a license'' and add, in their place, the words ``an 
endorsement''; and after the words ``otherwise the'', remove the word 
``license'' and add, in its place, the word ``endorsement''; and
0
b. In paragraph (b), after the words ``In order to obtain an 
endorsement'', remove the words ``on this license''; and after the 
words ``issuance of the'', remove the word ``license'' and add, in its 
place, the word ``endorsement''.


Sec.  11.456  [Amended]

0
153. In newly redesignated Sec.  11.456--
0
a. In the introductory text, in the first sentence, after the words 
``Limited masters''', remove the word ``licenses'' and add, in its 
place, the word ``endorsements''; in the second sentence, remove the 
words ``A license'' and add, in their place, the words ``An 
endorsement''; and in the last sentence, remove the word ``license'' 
and add, in its place, the word ``endorsement'';
0
b. In paragraph (a), remove the word ``license'' and add, in its place, 
the word ``endorsement''; and
0
c. In paragraph (d), after the words ``required by'', remove the 
citation ``Sec.  10.205(h)'' and add, in its place, the citation 
``Sec.  11.205(e)''.


Sec.  11.457  [Amended]

0
154. In newly redesignated Sec.  11.457--
0
a. In paragraph (a), after the words ``An applicant for'', remove the 
words ``a license'' and add, in their place, the words ``an 
endorsement''; and after the words ``requirements of'', remove the 
citation ``Sec.  10.452'' and add, in its place, the citation ``Sec.  
11.452''; and
0
b. In paragraph (b), after the words ``In order to obtain an 
endorsement'', remove the words ``on this license''; and after the 
words ``issuance of the license'', add the words ``or MMC 
endorsement''.

[[Page 11244]]

Sec.  11.459  [Amended]

0
155. In newly redesignated Sec.  11.459--
0
a. In paragraph (a), after the words ``An applicant for'', remove the 
words ``a license'' and add, in their place, the words ``an 
endorsement''; and
0
b. In paragraph (b), after the words ``An applicant for'', remove the 
words ``a license'' and add, in their place, the words ``an 
endorsement''; and after the words ``and inland steam or motor'', 
remove the word ``license'' and add, in its place, the word 
``endorsement''.

0
156. In newly designated Sec.  11.462, revise the heading and 
paragraphs (a) introductory text, (b), (c) introductory text, (c)(1) 
through (3), (c)(4) introductory text, (c)(4)(v), (c)(4)(vi), (d) 
introductory text, (d)(1) through (3), (d)(4) introductory text, and 
(d)(4)(iv) through (vi) to read as follows:


Sec.  11.462  Endorsements for master or mate of uninspected fishing 
industry vessels.

    (a) This section applies to endorsements for masters and mates of 
all vessels, however propelled navigating the high seas, which are 
documented to engage in the fishing industry, with the exception of:
* * * * *
    (b) Endorsements as master or mate of uninspected fishing industry 
vessels are issued for either ocean or near-coastal routes, depending 
on the examination completed. To qualify for an uninspected fishing 
industry vessel endorsement, the applicant must satisfy the training 
and examination requirements of Sec.  11.401(g) of this subpart.
    (c) An applicant for an endorsement as master of uninspected 
fishing industry vessels must have four years of total service on ocean 
or near coastal routes. Service on Great Lakes or inland waters may 
substitute for up to two years of the required service. One year of the 
required service must have been as master, mate, or equivalent 
supervisory position while holding a license or MMC endorsement as 
master, mate, master or mate (pilot) of towing vessels, or OUPV.
    (1) To qualify for an endorsement for not more than 500 gross tons, 
at least two years of the required service, including the one year as 
master, mate or equivalent, must have been on vessels of more than 50 
gross tons.
    (2) To qualify for an endorsement for not more than 1,600 gross 
tons, at least two years of the required service, including the one 
year as master, mate, or equivalent, must have been on vessels of more 
than 100 gross tons.
    (3) To qualify for an endorsement for more than 1,600 gross tons, 
but not more than 5,000 gross tons, the vessel tonnage upon which the 
four years of required service was obtained will be used to compute the 
tonnage. The endorsement is limited to the maximum tonnage on which at 
least 25 percent of the required service was obtained or 150 percent of 
the maximum tonnage on which at least 50 percent of the service was 
obtained, whichever is higher. Limitations are in multiples of 1,000 
gross tons, using the next higher figure when an intermediate tonnage 
is calculated. An endorsement as master of uninspected fishing industry 
vessels authorizing service on vessels more than 1,600 gross tons also 
requires one year as master, mate, or equivalent on vessels more than 
100 gross tons.
    (4) The tonnage limitation for this endorsement may be raised using 
one of the following methods but cannot exceed 5,000 gross tons. 
Limitations are in multiples of 1,000 gross tons, using the next higher 
figure when an intermediate tonnage is calculated.
* * * * *
    (v) Two years of service as a deckhand on a vessel while holding a 
license or MMC endorsement as master results in a limitation on the MMC 
equal to 150 percent of the tonnage of that vessel up to 5,000 gross 
tons; or
    (vi) One year of service as deckhand on a vessel while holding a 
license or MMC endorsement as master results in a limitation on the MMC 
equal to the tonnage of that vessel.
    (d) An applicant for an endorsement as mate of uninspected fishing 
industry vessels must have three years of total service on ocean or 
near-coastal routes. Service on Great Lakes or inland waters may 
substitute for up to 18 months of the required service.
    (1) To qualify for an endorsement of not more than 500 gross tons, 
at least one year of the required service must have been on vessels of 
more than 50 gross tons.
    (2) To qualify for an endorsement of not more than 1,600 gross 
tons, at least one year of the required service must have been on 
vessels of more than 100 gross tons.
    (3) To qualify for an endorsement of more than 1,600 gross tons, 
but not more than 5,000 gross tons, the vessel tonnage upon which the 
three years of required service was obtained will be used to compute 
the tonnage. The endorsement is limited to the maximum tonnage on which 
at least 25 percent of the required service was obtained, or 150 
percent of the maximum tonnage on which at least 50 percent of the 
service was obtained, whichever is higher. Limitations are in multiples 
of 1,000 gross tons, using the next higher figure when an intermediate 
tonnage is calculated.
    (4) The tonnage limitation on this endorsement may be raised using 
one of the following methods, but cannot exceed 5,000 gross tons. 
Limitations are in multiples of 1000 gross tons, using the next higher 
figure when an intermediate tonnage is calculated.
* * * * *
    (iv) One year of service as deckhand on vessels more than 1,600 
gross tons while holding a license or MMC endorsement as mate, results 
in raising the limitation on the MMC to 5,000 gross tons;
    (v) Two years of service as a deckhand on a vessel while holding a 
license or MMC endorsed as mate results in a limitation on the MMC 
equal to 150 percent of the tonnage of that vessel up to 5,000 gross 
tons; or
    (vi) One year of service as deckhand on a vessel while holding a 
license or MMC endorsement as mate results in a limitation on the MMC 
equal to the tonnage of that vessel.
* * * * *


Sec.  11.463  [Amended]

0
157. In newly redesignated Sec.  11.463--
0
a. In the section heading, remove the words ``licenses for'' and add, 
in their place, the words ``endorsements as'';
0
b. In paragraph (a) introductory text, remove the word ``licenses'' and 
add, in its place, the word ``endorsements''; and
0
c. In paragraphs (b) and (c), remove the words ``a license'' wherever 
they appear and add, in their place, the words ``an endorsement''.

0
158. In newly redesignated Sec.  11.464, revise the section heading, 
paragraphs (a) through (e), and paragraphs (f) introductory text, 
(f)(2)(i), and (f)(3) to read as follows:


Sec.  11.464  Requirements for endorsements as master of towing 
vessels.

    (a) If you would like to obtain an endorsement as master of towing 
vessels with a route listed in column 1 of table 11.464(a) of this 
section, then you must complete the service requirements indicated in 
columns 2 through 5. You may serve on the subordinate routes listed in 
column 6 without further endorsement.

[[Page 11245]]



                                      Table 11.464(a)--Requirements for Endorsement as Master of Towing Vessels \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             TOS \3\ on T/V as mate
         Route endorsed            Total service   TOS \3\ on T/V as mate     (pilot) not as harbor     TOS \3\ on particular       Subordinate route
                                        \2\                (pilot)                   assist                     route                  authorized
1                                              2  3.......................  4.......................  5.......................  6
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) OCEANS (O)..................              48  18 of 48................  12 of 18................  3 of 18.................  NC, GL-I
(2) NEAR-COASTAL (NC)...........              48  18 of 48................  12 of 18................  3 of 18.................  GL-I
(3) GREAT LAKES--INLAND (GL-I)..              48  18 of 48................  12 of 18................  3 of 18.................
(4) WESTERN RIVERS (WR).........              48  18 of 48................  12 of 18................  3 of 18.................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ If you hold an endorsement as master of towing vessels you may have an endorsement-as mate (pilot) of towing vessels for a route superior to your
  current route on which you have no operating experience--placed on your MMC after passing an examination for that additional route. After you complete
  90 days of experience and complete a Towing Officer's Assessment Record on that route, we will add it to your endorsement as master of towing vessels
  and remove the one for mate (pilot) of towing vessels.
\2\ Service is in months.
\3\ TOS is time of service.

    (b) If you would like to obtain an endorsement as master of towing 
vessels (limited), then you must complete the requirements listed in 
columns 2 through 5 of table 11.464(b) of this section.

                    Table 11.464(b)--Requirements for Endorsement as Master of Towing Vessels
                                                    [Limited]
----------------------------------------------------------------------------------------------------------------
                                                 TOS \2\ on T/V as
        Route endorsed          Total service    limited apprentice    TOAR or an approved       TOS \2\ on
                                     \1\          mate (steersman)           course           particular route
1                                           2  3....................  4...................  5
----------------------------------------------------------------------------------------------------------------
LIMITED LOCAL AREA (LLA).....              36  18 of 48.............  12 of 18............  3 of 18.
----------------------------------------------------------------------------------------------------------------
\1\ Service is in months.
\2\ TOS is time of service.

    (c) If you hold a license or MMC endorsement as mate (pilot) of 
towing vessels, you may have master of towing vessels (limited) added 
to your MMC for a limited local area within the scope of your current 
route.
    (d) Before you serve as master of towing vessels on the Western 
Rivers, you must possess 90 days of observation and training and have 
your MMC include an endorsement for Western Rivers.
    (e) Each company must maintain evidence that every vessel it 
operates is under the direction and control of a mariner with the 
appropriate endorsement and experience, including 30 days of 
observation and training on the intended route other than Western 
Rivers.
    (f) If you hold a license or MMC endorsement as a master of steam 
or motor vessels of greater than 200 gross register tons, you may 
operate towing vessels within any restrictions on your endorsement if 
you:
    (2) * * *
    (i) Hold a completed Towing Officer's Assessment Record (TOAR) 
described in Sec.  11.304(h) that shows evidence of assessment of 
practical demonstration of skills; or
* * * * *
    (3) Your license or MMC does not need to include a towing 
endorsement if you hold a TOAR or complete an approved training course.
* * * * *

0
159. In newly redesignated Sec.  11.465, revise the heading and 
paragraphs (a) through (c), (d) introductory text, (d)(2), (e) 
introductory text, (e)(1), and (f), and designate the undesignated text 
following (d)(2) as (d)(3) to read as follows:


Sec.  11.465  Requirements for endorsements as mate (pilot) of towing 
vessels.

    (a) If you would like to obtain an endorsement as mate (pilot) of 
towing vessels endorsed with a route listed in column 1 of table 
11.465(a) of this section, then you must complete the service in 
columns 2 through 5. If you hold a license or MMC endorsement as master 
of towing vessels (limited) and would like to upgrade it to mate 
(pilot) of towing vessels, then you must complete the service in 
columns 5 and 6. An endorsement with a route endorsed in column 1 
authorizes service on the subordinate routes listed in column 7 without 
further endorsement. Time of service requirements as an apprentice mate 
(steersman) of towing vessels may be reduced by an amount equal to the 
time specified in the approval letter for the completed Coast Guard-
approved training programs.

                                   Table 11.465-1--Requirements for Endorsement as Mate (Pilot \1\) of Towing Vessels
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                      30 days of
                                                                                                                   observation and
                                                 TOS \3\ on T/V as                                                  training while
        Route endorsed          Total service     apprentice mate     TOS \3\ on particular     TOAR \4\ or an      holding master    Subordinate route
                                     \2\          (steersman) \5\             route             approved course     (limited) and        authorized
                                                                                                                    pass a limited
                                                                                                                     examination
1                                           2  3....................  4....................  5...................  6..............  7
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) OCEANS (O)...............              30  12 of 30.............  3 of 12..............  YES.................  YES............  NC, GL-I

[[Page 11246]]


(2) NEAR-COASTAL (NC)........              30  12 of 30.............  3 of 12..............  YES.................  YES............  GL-I
(3) GREAT LAKES-INLAND (GL-I)              30  12 of 30.............  3 of 12..............  YES.................  YES............  ....................
(5) WESTERN RIVERS (WR)......              30  12 of 30.............  3 of 12..............  YES.................  NO (90 days      ....................
                                                                                                                    service
                                                                                                                    required).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For all inland routes, as well as Western Rivers, the endorsement as pilot of towing vessels is equivalent to that as mate of towing vessels. All
  qualifications and equivalencies are the same.
\2\ Service is in months unless otherwise indicated.
\3\ TOS is time of service.
\4\ TOAR is Towing Officers' Assessment Record.
\5\ Time of service requirements as an apprentice mate (steersman of towing vessels may be reduced by an amount equal to the time specified in the
  approval letter for a completed Coast Guard-approved training program.

    (b) Before you serve as mate (pilot) of towing vessels on the 
Western Rivers, you must possess 90 days of observation and training 
and have your MMC include an endorsement for Western Rivers.
    (c) Each company must maintain evidence that every vessel it 
operates is under the direction and control of a mariner with the 
appropriate endorsement and experience, including 30 days of 
observation and training on the intended route other than Western 
Rivers.
    (d) If you hold a license or MMC endorsement as a mate of 
inspected, self-propelled vessels of greater than 200 GRT or one as 
first-class pilot, then you may operate towing vessels within any 
restrictions on your credential if you:
* * * * *
    (2) Hold a completed Towing Officer's Assessment Record (TOAR) 
described in Sec.  11.304(h) that shows evidence of assessment of 
practical demonstration of skills.
    (3) Your license or MMC does not need to include a towing 
endorsement if you hold a TOAR or a course completion certificate.
    (e) If you hold any endorsement as a master of steam or motor 
vessels of any tonnage that is 200 GRT or less, except for the limited 
masters endorsements specified in 46 CFR 11.429 and 11.456, then you 
may obtain an endorsement as mate (pilot) of towing vessels by meeting 
the following requirements:
    (1) Providing proof of 36 months of service as a master under the 
authority of an endorsement described in paragraph (e) of this section;
* * * * *
    (f) An approved training course for mate (pilot) of towing vessels 
must include formal instruction and practical demonstration of 
proficiency either onboard a towing vessel or at a shoreside training 
facility before a designated examiner, and must cover the material 
(dependent upon route) required by Sec.  11.910-2 for apprentice mate 
(steersman), towing vessels on ocean and near coastal routes; 
apprentice mate (steersman), towing vessels on Great Lakes and inland 
routes; or, steersman, towing vessels on Western Rivers routes.
* * * * *

0
160. In newly redesignated Sec.  11.466--
0
a. In the section heading, remove the word ``licenses'' and add, in its 
place, the word ``endorsements'';
0
b. In paragraph (a), after the words ``As Table'' remove the 
designation ``10.466-1'' and add, in its place, the designation 
``11.466(a)''; and after the words ``like to obtain'', remove the words 
``a license'' and add, in their place, the words ``an endorsement'';
0
c. Redesignate table 10.466-1 as table 11.466(a) and revise it to read 
as follows; and
0
d. In paragraph (b), in the first sentence, after the words ``hold a 
license'' add the words ``or endorsement''; in the second sentence, 
after the words ``endorsement will go on your'', remove the word 
``license'' and add, in its place, the word ``MMC''; and in the third 
sentence, after the words ``may have the'', remove the words 
``restricted endorsement'' and add, in their place, the word 
``restriction'':


Sec.  11.466  Requirements for endorsements as apprentice mate 
(steersman) of towing vessels.

* * * * *

                             Table 11.466(a)--Requirements for Endorsement as Apprentice Mate (Steersman) of Towing Vessels
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Total service                               TOS \2\ on particular
           Endorsement                Route endorsed           \1\             TOS \2\ on T/V                 route               Pass examination \3\
1                                  2...................               3  4........................  5........................  6
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) APPRENTICE MATE (STEERSMAN)..  OCEANS (0)..........              18  12 of 18.................  3 of 18..................  YES.
                                   NEAR-COASTAL (NC)...              18  12 of 18.................  3 of 18..................  YES.
                                   GREAT LAKES.........              18  12 of 18.................  3 of 18..................  YES.
                                   INLAND (GL-I).......              18  12 of 18.................  3 of 18..................  YES.
                                   WESTERN RIVERS (WR).              18  12 of 18.................  3 of 18..................  YES.

[[Page 11247]]


(2) APPRENTICE MATE (STEERSMAN)    NOT APPLICABLE......              18  12 of 18.................  3 of 18..................  YES.
 (LIMITED).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Service is in months.
\2\ TOS is time of service.
\3\ The examination for apprentice mate is specified in subpart I of this part. The examination for apprentice mate (limited) is a limited examination.
\4\ For all inland routes, as well as Western Rivers, the endorsement as steersman is equivalent to that as apprentice mate. All qualifications and
  equivalencies are the same.

* * * * *

0
161. Revise newly redesignated Sec.  11.467 to read as follows--


Sec.  11.467   Endorsement as operators of uninspected passenger 
vessels of less than 100 gross tons.

    (a) This section applies to an applicant for the endorsement to 
operate an uninspected vessel of less than 100 gross tons, equipped 
with propulsion machinery of any type, carrying six or less passengers.
    (b) An endorsement for OUPV issued for ocean waters will be limited 
to near-coastal waters not more than 100 miles offshore. An endorsement 
issued for inland waters will include all inland waters, except Great 
Lakes. An endorsement may be issued for a particular local area under 
paragraph (g) of this section.
    (c) For an endorsement as OUPV on near-coastal waters, an applicant 
must have a minimum of 12-months experience in the operation of 
vessels, including at least three-months service on vessels operating 
on ocean or near-coastal waters.
    (d) For an endorsement as OUPV on the Great Lakes and inland 
waters, an applicant must have 12-months service on Great Lakes or 
inland waters, including at least three-months service operating 
vessels on Great Lakes waters.
    (e) For an endorsement as OUPV on inland waters, an applicant must 
have a minimum of 12-months experience in the operation of vessels.
    (f) An endorsement as OUPV, limited to undocumented vessels, may be 
issued to a person who is not a citizen of the United States.
    (g) Limited OUPV endorsements may be issued to applicants to be 
employed by organizations such as formal camps, yacht clubs, 
educational institutions, and marinas. An endorsement issued under this 
paragraph will be limited to the specific activity and the locality of 
the camp, yacht club, or marina. In order to obtain this restricted 
endorsement, an applicant must:
    (1) Have three-months service in the operation of the type of 
vessel for which the endorsement is requested;
    (2) Satisfactorily complete a safe-boating course approved by the 
National Association of State Boating Law Administrators, or those 
public education courses conducted by the U.S. Power Squadron or the 
American National Red Cross or a Coast Guard-approved course;
    (3) Pass a limited examination appropriate for the activity to be 
conducted and the route authorized; and
    (4) The first aid and cardiopulmonary resuscitation (CPR) course 
certificates required by Sec.  11.205(e) of this part will only be 
required when, in the opinion of the OCMI, the geographic area over 
which service is authorized precludes obtaining medical services within 
a reasonable time.


Sec.  11.468  [Amended]

0
162. In newly redesignated Sec.  11.468--
0
a. In the section heading and text, remove the word ``Licenses'' 
wherever it appears and add, in its place, the words ``Officer 
endorsements''; and
0
b. In the text, remove the word ``license'' and add, in its place, the 
word ``endorsement''.


0
163. In newly redesignated Sec.  11.470, revise the heading and 
paragraphs (a) introductory text, (b) introductory text, (b)(2)(i), 
(b)(2)(iv), (c), (d) introductory text, (d)(2)(i), (d)(2)(iv), (e), (f) 
introductory text, (f)(2)(i), (f)(2)(iii), (g) introductory text, (h) 
introductory text, (h)(2)(iii), (i), (j) introductory text, (j)(2)(i), 
(j)(2)(iii), and (k) introductory text to read as follows:


Sec.  11.470  Officer endorsements as offshore installation manager.

    (a) Officer endorsements as offshore installation manager (OIM) 
include:
* * * * *
    (b) To qualify for an endorsement as OIM unrestricted, an applicant 
must:
    (2) * * *
    (i) A certificate from a Coast Guard-approved stability course 
approved for a license or MMC endorsement as OIM unrestricted;
* * * * *
    (iv) A certificate from a firefighting training course as required 
by Sec.  11.205(d) of this part; and
* * * * *
    (c) An applicant for an endorsement as OIM unrestricted who holds 
an unlimited license or MMC endorsement as master or chief mate must 
satisfy the requirements in paragraphs (b)(2) and (b)(3) of this 
section and have at least 84 days of service on surface units and at 
least 28 days of service on bottom bearing units.
    (d) To qualify for an endorsement as OIM surface units on location, 
an applicant must:
* * * * *
    (2) * * *
    (i) A certificate from a Coast Guard-approved stability course 
approved for a license or MMC endorsement as OIM surface units;
* * * * *
    (iv) A certificate from a firefighting training course as required 
by Sec.  11.205(d) of this part.
    (e) An applicant for an endorsement as OIM surface units on 
location who holds an unlimited license or MMC endorsement as master or 
chief mate must satisfy the requirements of paragraph (d)(2) of this 
section and have at least 84 days of service on surface units.
    (f) To qualify for an endorsement as OIM surface units underway, an 
applicant must:
* * * * *
    (2) * * *
    (i) A certificate from a Coast Guard-approved stability course 
approved for an OIM surface units endorsement;
* * * * *

[[Page 11248]]

    (iii) A certificate from a firefighting training course as required 
by Sec.  11.205(d) of this part.
    (g) An applicant for endorsement as OIM surface units underway who 
holds an unlimited license or MMC endorsement as master or chief mate 
must satisfy the requirements in paragraph (f)(2) of this section and 
provide a company recommendation signed by a senior company official 
which:
* * * * *
    (h) To qualify for an endorsement as OIM bottom bearing units on 
location, an applicant must:
* * * * *
    (2) * * *
    (iii) A certificate from a firefighting training course as required 
by Sec.  11.205(d) of this part.
    (i) An applicant for an endorsement as OIM bottom bearing units on 
location who holds an unlimited license or MMC endorsement as master or 
chief mate must satisfy paragraph (h)(2) of this section and have at 
least 28 days of service on bottom bearing units.
    (j) To qualify for an endorsement as OIM bottom bearing units 
underway, an applicant must:
* * * * *
    (2) * * *
    (i) A certificate from a Coast Guard-approved stability course 
approved for a license or MMC endorsement as OIM bottom bearing units;
* * * * *
    (iii) A certificate from a firefighting training course as required 
by Sec.  11.205(d) of this part.
    (k) An applicant for endorsement as OIM bottom bearing units 
underway who holds an unlimited license or MMC endorsement as master or 
chief mate must satisfy the requirements in paragraph (j)(2) of this 
section and provide a company recommendation signed by a senior company 
official, which:
* * * * *


Sec.  11.472  Officer endorsements as barge supervisor.

0
164. In newly redesignated Sec.  11.472--
0
a. Revise the section heading as set forth above;
0
b. In paragraph (a) introductory text, remove the words ``a license 
or'' and add, in their place, the word ``an'';
0
c. In paragraph (a)(2)(i), remove the words ``barge supervisor license 
or endorsement'' and add, in their place, the words ``license or MMC 
endorsement as barge supervisor'';
0
d. In paragraph (a)(2)(iii), remove the citation ``Sec.  10.205(g)'' 
and add, in its place, the citation ``Sec.  11.205(d)''; and
0
e. In paragraph (b), after the words ``unlimited license'' add the 
words ``or MMC endorsement''.


Sec.  11.474  Officer endorsements as ballast control operator.

0
165. In newly redesignated Sec.  11.474--
0
a. Revise the section heading as set forth above;
0
b. In paragraph (a) introductory text, remove the words ``a license 
or'' and add, in its place, the words ``an'';
0
c. In paragraph (a)(1)(i) and (ii), remove the words ``a licensed'' 
wherever they appear and add, in their place, the words ``an individual 
holding a license or MMC endorsement as'';
0
d. In paragraph (a)(2)(i), remove the words ``barge supervisor or 
ballast control operator license or endorsement'' and add, in their 
place, the words ``license or MMC endorsement as barge supervisor or 
ballast control operator'';
0
e. In paragraph (a)(2)(iii), remove the citation ``Sec.  10.205(g)'' 
and add, in its place, the citation ``Sec.  11.205(d)''; and
0
f. In paragraph (b), after the words ``unlimited license'', add the 
words ``or MMC endorsement''; and remove the word ``licensed'' and add, 
in its place, the words ``an individual holding an endorsement as''.


Sec.  11.476  [Removed and Reserved]

0
166. Remove and reserve Sec.  11.476.


Sec.  11.480  [Amended]

0
167. In newly redesignated Sec.  11.480--
0
a. In paragraph (b) introductory text, remove the words ``deck 
officer's license'' and add, in their place, the word ``MMC'';
0
b. In paragraph (c), remove the words ``Endorsement as'' wherever they 
appear;
0
c. In paragraph (f), remove the last sentence;
0
d. In paragraph (h), after the words ``a license'', add the words ``or 
MMC''; and after the words ``may renew'', remove the words ``the 
license''; and
0
e. In paragraph (i), after the words ``grade of a license'' add the 
words ``or MMC endorsement''.

0
168. In newly redesignated Sec.  11.482--
0
a. Revise paragraph (a) to read as set out below;
0
b. In paragraph (c), remove the words ``An assistance towing 
endorsement on a license as master, mate, or operator authorizes the 
holder'' and replace them with ``The holder of a license or MMC for 
master, mate, or operator endorsed for assistance towing is 
authorized''; and after the words ``scope of the license'', add the 
words ``or MMC''; and
0
c. In paragraph (d), after the words ``same as the license'', add the 
words ``or MMC''; remove the words ``on which it is endorsed'' and add, 
in their place, the words ``on which it is included''; and after the 
words ``renewed with the'', remove the word ``license'' and add, in its 
place, the word ``MMC''.


Sec.  11.482  Assistance towing.

    (a) This section contains the requirements to qualify for an 
endorsement authorizing a mariner to engage in assistance towing. The 
endorsement applies to all MMCs except master and mate (pilot) of 
towing vessels and master or mate authorizing service on inspected 
vessels over 200 gross tons. Holders of any of these endorsements may 
engage in assistance towing within the scope of their MMC or license.
* * * * *


Sec.  11.491  [Amended]

0
169. In newly redesignated Sec.  11.491--
0
a. In the section heading, remove the word ``Licenses'' and add, in its 
place, the word ``Officer endorsements''; and
0
b. In the text, before the words ``for service on'', remove the word 
``license'' and add, in its place, the words ``officer endorsement''; 
and after the words ``restrictions placed on the license'', add the 
words ``or MMC''.


Sec.  11.493  [Amended]

0
170. In newly redesignated Sec.  11.493(a), remove the words ``a 
license'' and add, in their place, the words ``an endorsement''.


Sec.  11.495  [Amended]

0
171. In newly redesignated Sec.  11.495(a), remove the words ``a 
license'' and add, in their place, the words ``an endorsement''.


Sec.  11.497  [Amended]

0
172. In newly redesignated Sec.  11.497(a), remove the words ``a 
license'' and add, in their place, the words ``an endorsement''.

Subpart E--Professional Requirements for Engineer Officer

0
173. Revise the heading for subpart E as set forth above.


Sec.  11.501  [Amended]

0
174. In newly redesignated Sec.  11.501--
0
a. In the section heading, remove the word ``licenses'' and add, in its 
place, the word ``endorsements'';
0
b. In paragraph (a) introductory text, remove the word ``Licenses'' and 
add, in its place, the words ``Engineer endorsements'';

[[Page 11249]]

0
c. In paragraph (b) introductory text, remove the word ``licenses'' and 
add, in its place, the word ``endorsements'';
0
d. In paragraph (c) introductory text, after the words ``Engineer 
licenses'' add the words ``or MMC endorsements'';
0
e. In paragraph (d), remove the words ``Engineer licenses are endorsed 
to authorize'' and add, in its place, the words ``An engineer officer's 
license or MMC endorsement authorizes''; and after the words ``vessels 
or may be'', remove the words ``be endorsed for'' and add, in their 
place, the word ``authorize''; and
0
f. In paragraph (e), after the words ``holding an engineer license'' 
add the words ``or MMC endorsement''; and after the words ``limitations 
of the license'', add the words ``or MMC''.


Sec.  11.502  [Amended]

0
175. In newly redesignated Sec.  11.502--
0
a. In the section heading, remove the word ``licenses'' and add, in its 
place, the word ``endorsements'';
0
b. In paragraph (a), after the words ``engineer licenses'' add the 
words ``or MMC endorsements'';
0
c. In paragraph (b) introductory text, remove the words ``a licensed 
applicant desires to obtain an endorsement on an engineer license in 
the other propulsion mode (steam or motor)'' and add, in their place, 
the words ``an applicant desires to add a propulsion mode to his or her 
endorsement''; and after the words ``holding a license'', add the words 
``or MMC endorsement'';
0
d. In paragraph (b)(1), remove the words ``licensed capacity'' and add, 
in their place, the words ``capacity as their endorsement'';
0
e. In paragraph (b)(2), remove the words ``a licensed officer at a 
lower license level'' and add, in their place, the words ``an engineer 
officer at a lower level''; and
0
f. In paragraph (c), after the words ``of an engineer license'', add 
the words ``or MMC endorsement''; and remove the citation ``Sec.  
10.205(g)'' and add, in its place, the citation ``Sec.  11.205(d)''.

0
176. Revise newly redesignated Sec.  11.503 to read as follows--


Sec.  11.503  Horsepower limitations.

    (a) Engineer licenses and endorsements of all grades and types may 
be subject to horsepower limitations. Other than as provided in Sec.  
11.524 of this part for the designated duty engineer (DDE), the 
horsepower limitation placed on a license or MMC endorsement is based 
on the applicant's qualifying experience considering the total shaft 
horsepower of each vessel on which the applicant has served.
    (b) When an applicant for an original or raise of grade of an 
engineer license or MMC endorsement, other than a DDE, has not obtained 
at least 50 percent of the required qualifying experience on vessels of 
4,000 or more horsepower, a horsepower limitation is placed on the MMC 
based on the applicant's qualifying experience. The endorsement is 
limited to the maximum horsepower on which at least 25 percent of the 
required experience was obtained, or 150 percent of the maximum 
horsepower on which at least 50 percent of the service was obtained, 
whichever is higher. Limitations are in multiples of 1,000 horsepower, 
using the next higher figure when an intermediate horsepower is 
calculated. When the limitation as calculated equals or exceeds 10,000 
horsepower, an unlimited horsepower endorsement is issued.
    (c) The following service on vessels of 4,000 horsepower or over 
will be considered qualifying for the raising or removing of horsepower 
limitations placed on an engineer license or MMC endorsement:
    (1) Six months of service in the highest-grade endorsed: removal of 
all horsepower limitations.
    (2) Six months of service as an officer in any capacity other than 
the highest grade for which licensed or endorsed: Removal of all 
horsepower limitations for the grade in which service is performed and 
raise the next higher grade endorsement to the horsepower of the vessel 
on which service was performed. The total cumulative service before and 
after issuance of the limited license or MMC endorsement may be 
considered in removing all horsepower limitations.
    (3) Twelve months of service as oiler or junior engineer while 
holding a license or MMC endorsement as third assistant engineer or 
assistant engineer (limited oceans): removal of all horsepower 
limitations on third assistant engineer or assistant engineer's 
(limited oceans) endorsement.
    (4) Six months of service as oiler or junior engineer while holding 
a license or MMC endorsement as second assistant engineer: removal of 
all horsepower limitations on third assistant engineer's endorsement.
    (d) Raising or removing horsepower limitations based on service 
required by paragraph (c) of this section may be granted without 
further written examination providing the OCMI who issued the 
applicant's license or MMC endorsement, considers further examination 
unnecessary.


Sec.  11.504  [Amended]

0
177. In newly redesignated Sec.  11.504--
0
a. In the section heading, remove the word ``licenses'' and add, in its 
place, the word ``endorsements''; and
0
b. In the text, remove the words ``a license'' and add, in their place, 
the words ``an endorsement''.

0
178. In newly redesignated Sec.  11.505--
0
a. Revise the section heading as set forth below;
0
b. In the text, remove the word ``license'' and add, in its place, the 
word ``endorsement''; and
0
c. Redesignate Figure 10.505 as Figure 11.505 and revise it to read as 
follows:


Sec.  11.505  Engineer officer structure.

* * * * *
BILLING CODE 4910-15-P

[[Page 11250]]

[GRAPHIC] [TIFF OMITTED] TR16MR09.003


[[Page 11251]]


BILLING CODE 4910-15-C


Sec.  11.510  [Amended]

0
179. In newly redesignated Sec.  11.510--
0
a. In the introductory text, remove the word, ``license'', and add, in 
its place, the word ``endorsement''; and
0
b. In paragraph (b), after the words, ``holding a license'', add the 
words, ``or MMC endorsement''.


Sec.  11.512  [Amended]

0
180. In newly redesignated Sec.  11.512--
0
a. After the words, ``qualify an applicant for'', remove the word 
``license'', and add, in its place, the word ``endorsement''; and
0
b. After the words ``holding a license'', add the words, ``or MMC 
endorsement''.


Sec.  11.514  [Amended]

0
181. In newly redesignated Sec.  11.514--
0
a. In the introductory text, after the words, ``qualify an applicant 
for'', remove the word, ``license'', and add, in its place, the word, 
``endorsement''; and
0
b. In paragraph (a) and paragraph (b) introductory text, after the 
words, ``holding a license'', add the words, ``or MMC endorsement''.


Sec.  11.516  [Amended]

0
182. In newly redesignated Sec.  11.516, in paragraph (a) introductory 
text, after the words, ``an applicant for'', remove the word 
``license'', and add, in its place, the word, ``endorsement''.
0
183. Revise newly redesignated Sec.  11.518 to read as follows:


Sec.  11.518  Service requirements for chief engineer (limited oceans) 
of steam and/or motor vessels.

    The minimum service required to qualify an applicant for 
endorsement as chief engineer (limited oceans) of steam and/or motor 
vessels is five years total service in the engineroom of vessels. Two 
years of this service must have been as an engineer officer. Thirty 
months of the service must have been as a qualified member of the 
engine department (QMED) or equivalent supervisory position.
0
184. Revise newly redesignated Sec.  11.520 to read as follows:


Sec.  11.520  Service requirements for chief engineer (limited near 
coastal) of steam and/or motor vessels.

    The minimum service required to qualify an applicant for 
endorsement as chief engineer (limited near coastal) of steam and/or 
motor vessels is four years total service in the engineroom of vessels. 
One year of this service must have been as an engineer officer. Two 
years of the service must have been as a QMED or equivalent supervisory 
position.
0
185. Revise newly redesignated Sec.  11.522 to read as follows:


Sec.  11.522  Service requirements for assistant engineer (limited 
oceans) of steam and/or motor vessels.

    The minimum service required to qualify an applicant for 
endorsement as assistant engineer (limited oceans) of steam and/or 
motor vessels is three years of service in the engineroom of vessels. 
Eighteen months of this service must have been as a QMED or equivalent 
supervisory position.

0
186. In newly redesignated Sec.  11.524, revise paragraphs (a) and (b) 
introductory text to read as follows:


Sec.  11.524  Service requirements for designated duty engineer of 
steam and/or motor vessels.

    (a) DDE endorsements are issued in three levels of horsepower 
limitations dependent upon the total service of the applicant and 
completion of appropriate examination. These MMCs are limited to 
vessels of not more than 500 gross tons on certain waters as specified 
in Sec.  11.501 of this part.
    (b) The service requirements for endorsements as DDE are:
* * * * *

0
187. Revise newly redesignated Sec.  11.530 to read as follows:


Sec.  11.530  Endorsements for engineers of uninspected fishing 
industry vessels.

    (a) This section applies to endorsements for chief and assistant 
engineers of all vessels, however propelled, navigating the high seas, 
which are documented to engage in the fishing industry, with the 
exception of:
    (1) Wooden ships of primitive build;
    (2) Unrigged vessels; and,
    (3) Vessels of less than 200 gross tons.
    (b) Endorsements as chief engineer and assistant engineer of 
uninspected fishing industry vessels are issued for ocean waters and 
with horsepower limitations in accordance with the provisions of Sec.  
11.503 of this part.
    (c) For an endorsement as chief engineer, the applicant must have 
served four years in the engineroom of vessels. One year of this 
service must have been as an assistant-engineer officer or equivalent 
supervisory position.
    (d) For an endorsement as assistant engineer, an applicant must 
have served three years in the engine room of vessels.
    (e) Two-thirds of the service required under this section must have 
been on motor vessels.
    (f) Applicants may request an orally assisted examination on the 
subjects listed in subpart I of this part.

0
188. Revise newly redesignated Sec.  11.540 to read as follows:


Sec.  11.540  Endorsements for engineers of mobile offshore drilling 
units.

    Endorsements as chief engineer (MODU) or assistant engineer (MODU) 
authorize service on certain self-propelled or non-self-propelled units 
of any horsepower where authorized by the vessel's certificate of 
inspection.


Sec.  11.542  [Amended]

0
189. In newly redesignated Sec.  11.542--
0
a. In the section heading, remove the words ``License for'' and add, in 
their place, the words ``Endorsement as'';
0
b. In the introductory text and paragraph (c), remove the words ``a 
license'' wherever they appear and add, in their place, the words ``an 
endorsement''; and
0
c. In paragraph (b), remove the citation, ``10.205(g)'', and add, in 
its place, the citation, ``11.205(d)''.


Sec.  11.544  [Amended]

0
190. In newly redesignated Sec.  11.544--
0
a. In the section heading, remove the words, ``License for'', and add, 
in their place, the words, ``Endorsement as'';
0
b. In the introductory text and paragraph (c), remove the words, ``a 
license'', wherever they appear, and add, in their place, the words, 
``an endorsement'';
0
c. In paragraph (a)(3), remove the words, ``Commanding Officer,'', and 
add, in their place, the word, ``The''; and
0
d. In paragraph (b), remove the citation ``10.205(g)'', and add, in its 
place, the citation, ``11.205(d)''.

0
191. Revise newly redesignated Sec.  11.551 to read as follows:


Sec.  11.551  Endorsements for service on offshore supply vessels.

    Each endorsement for service on OSVs as chief engineer (OSV) or 
engineer (OSV) authorizes service on OSVs as defined in 46 U.S.C. 
2101(19) and as interpreted under 46 U.S.C. 14104(b), subject to any 
restrictions placed on the MMC.


Sec.  11.553  [Amended]

0
192. In newly redesignated Sec.  11.553(a), remove the words, ``a 
license'', and add, in their place, the words, ``an endorsement''.


Sec.  11.555  [Amended]

0
193. In newly redesignated Sec.  11.555(a), remove the words, ``a 
license'', and add, in their place, the words, ``an endorsement''.

[[Page 11252]]

Subpart F--Credentialing of Radio Officers

0
194. Revise the heading for subpart F to read as set forth above.

0
195. In newly redesignated Sec.  11.601, revise paragraphs (a)-(c) to 
read as follows:


Sec.  11.601  Applicability.

    This subpart provides for endorsement as radio officers for 
employment on vessels, and for the issue of STCW endorsements for those 
qualified to serve as radio operators on vessels subject to the 
provisions on the Global Maritime Distress and Safety System (GMDSS) of 
Chapter IV of SOLAS. SOLAS is available from the International Maritime 
Organization (IMO), 4 Albert Embankment, London SE1 7SR, England, 
telephone: + 44 (0)20 7735 7611, http://www.imo.org.

0
196. Revise newly redesignated Sec.  11.603 to read as follows:


Sec.  11.603  Requirements for radio officers' endorsements and STCW 
endorsements for GMDSS radio operators.

    (a) Each applicant for an original endorsement or renewal of 
license shall present a current first or second class radiotelegraph 
operator license issued by the Federal Communications Commission. The 
applicant shall enter on the endorsement application form the number, 
class, and date of issuance of his or her Federal Communications 
Commission license.
    (b) [Reserved]
    (c) Each applicant who furnishes evidence that he or she meets the 
standard of competence set out in STCW Regulation IV/2 (incorporated by 
reference, see Sec.  11.102), including the competence to transmit and 
receive information using subsystems of GMDSS, to fulfill the 
functional requirements of GMDSS, and to provide radio services in 
emergencies is entitled to hold an STCW endorsement suitable for 
performing duties associated with GMDSS.

Subpart G--Professional Requirements for Pilots

0
197. Revise the heading for subpart G to read as set forth above.

0
198. Revise newly redesignated Sec.  11.701 to read as follows:


Sec.  11.701  Scope of pilot endorsements.

    (a) An applicant for an endorsement as first-class pilot need not 
hold any other officer endorsement issued under this part.
    (b) The issuance of an endorsement as first-class pilot to an 
individual qualifies that individual to serve as pilot over the 
route(s) specified on the endorsement, subject to any limitations 
imposed under paragraph (c) of this section.
    (c) The OCMI issuing an endorsement as first-class pilot, imposes 
appropriate limitations commensurate with the experience of the 
applicant, with respect to class or type of vessel, tonnage, route, and 
waters.
    (d) A license or MMC endorsement issued for service as a master, 
mate, or operator of uninspected towing vessels authorizes service as a 
pilot under the provisions of Sec.  15.812 of this subchapter. 
Therefore, first-class pilot endorsements will not be issued with 
tonnage limitations of 1,600 gross tons or less.

0
199. In newly redesignated Sec.  11.703--
0
a. Revise paragraphs (a) introductory text and (c), to read as set out 
below; and
0
b. In paragraph (d), after the words, ``holding a license'', add the 
words, ``or MMC endorsement'':


Sec.  11.703  Service requirements.

    (a) The minimum service required to qualify an applicant for an 
endorsement as first-class pilot is predicated upon the nature of the 
waters for which pilotage is desired.
* * * * *
    (c) Completion of a course of pilot training approved by the 
National Maritime Center under subpart C of this part may be 
substituted for a portion of the service requirements of this section 
in accordance with Sec.  11.304 of this part. Additionally, round trips 
made during this training may apply toward the route familiarization 
requirements of Sec.  11.705 of this part. An individual using 
substituted service must have at least nine months of shipboard 
service.
* * * * *

0
200. In newly redesignated Sec.  11.705, revise paragraphs (b) and (c) 
to read as follows:


Sec.  11.705  Route familiarization requirements.

* * * * *
    (b) An applicant holding no other deck officer endorsement seeking 
an endorsement as first-class pilot shall furnish evidence of having 
completed a minimum number of round trips, while serving as 
quartermaster, wheelsman, able seaman, apprentice pilot, or in an 
equivalent capacity, standing regular watches at the wheel or in the 
pilot house as part of routine duties, over the route sought. Evidence 
of having completed a minimum number of round trips while serving as an 
observer, properly certified by the master and/or pilot of the vessel, 
is also acceptable. The range of round trips for an endorsement is a 
minimum of 12 round trips and a maximum of 20 round trips. An applicant 
may have additional routes added to the first-class pilot endorsement 
by meeting the requirements in paragraph (c) of this section.
    (c) An applicant who currently holds a deck officer license or MMC 
endorsement seeking an endorsement as first-class pilot for a 
particular route shall furnish evidence of having completed the number 
of round trips over the route, specified by the OCMI, within the range 
limitations of this paragraph, for the particular grade of existing 
license or MMC endorsement held. The range of round trips for an 
endorsement is a minimum of eight round trips and a maximum of 15 round 
trips.
* * * * *

0
201. Revise newly redesignated Sec.  11.707 to read as follows:


Sec.  11.707  Examination requirements.

    (a) An applicant for an endorsement as first-class pilot, except as 
noted in paragraph (b) of this section, is required to pass the 
examination described in subpart I of this part.
    (b) An applicant for an extension of route, or an applicant holding 
a license or MMC endorsement as master or mate authorized to serve on 
vessels of over 1,600 gross tons seeking an endorsement as first-class 
pilot, is required to pass those portions of the examination described 
in subpart I of this part that concern the specific route for which 
endorsement is sought.

0
202. In newly redesignated Sec.  11.709, revise paragraphs (b), (c), 
(d), and (e) to read as follows:


Sec.  11.709  Annual physical examination requirements.

* * * * *
    (b) Every person holding a license or MMC endorsement as first-
class pilot shall have a thorough physical examination each year.
    (c) Each annual physical examination must meet the requirements 
specified in Sec.  10.215 of this chapter.
    (d) An individual's first class pilot credential becomes invalid on 
the first day of the month following the first anniversary of the 
individual's most recent physical examination satisfactorily completed; 
the individual may not operate under the authority of that credential 
until a physical examination has been satisfactorily completed.

[[Page 11253]]

    (e) A first class pilot must provide the Coast Guard with a copy of 
his or her most recent physical examination.


Sec.  11.711  [Amended]

0
203. In newly redesignated Sec.  11.711--
0
a. In paragraphs (a) and (d), after the words, ``first class pilot'', 
remove the words, ``license or''; and
0
b. In paragraph (b), after the words ``1,600 gross tons, the'' remove 
the words ``license or'', and, after the words, ``contained in Sec.  '' 
remove the number ``10.705'', and add, in its place, the number 
``11.705''.


Sec.  11.713  [Amended]

0
204. In newly redesignated Sec.  11.713--
0
a. In paragraphs (a) and (b), wherever the words ``license or 
endorsement'' appear, add the word ``MMC'' before the word 
``endorsement''; and
0
b. In paragraph (b), in the last sentence, after the words, ``of the 
renewed'', remove the words, ``license or''.


Sec.  11.803  [Removed and Reserved]

0
205. Remove and reserve newly redesignated Sec.  11.803.

0
206. Revise newly redesignated Sec.  11.805 to read as follows:


Sec.  11.805  General requirements.

    (a) The applicant for an endorsement as staff officer is not 
required to take any examination; however, the applicant shall present 
to the OCMI a letter justifying the need for the endorsement.
    (b) [Reserved]
    (c) An applicant for a higher grade in the staff department shall 
apply in the same manner as for an original endorsement and shall 
surrender the previous Coast Guard-issued credentials upon issuance of 
the new MMC. A staff officer may serve in a lower grade of service for 
which he or she is registered.
    (d) Title 46 U.S.C. 8302 addresses uniforms for staff officers who 
are members of the Naval Reserve.
    (e) A duplicate MMC may be issued by the OCMI. (See Sec.  10.229 of 
this chapter.)
    (f) An MMC is valid for a term of five years from the date of 
issuance. Procedures for renewing endorsements are found in Sec.  
10.227 of this chapter.
    (g) Each applicant for an original or a higher grade of 
endorsement, as described by paragraph (c) of this section, shall 
produce evidence of having passed a chemical test for dangerous drugs 
or of qualifying for an exception from testing in Sec.  16.220 of this 
subchapter. An applicant who fails a chemical test for dangerous drugs 
will not be issued an MMC.

0
207. Amend newly redesignated Sec.  11.807 by adding paragraphs (a)(7) 
and (8) and revising paragraphs (c) and (d) to read as follows:


Sec.  11.807  Experience requirements for registry.

    (a) The applicant for an endorsement as staff officer shall submit 
evidence of experience as follows:
* * * * *
    (7) Marine physician assistant. Successful completion of an 
accredited course of instruction for a physician's assistant or nurse 
practitioner program.
    (8) Hospital corpsman. A rating of at least hospital corpsman or 
health services technician, first class in the U.S. Navy, U.S. Coast 
Guard, U.S. Marine Corps, or an equivalent rating in the U.S. Army (not 
less than staff sergeant, Medical Department, U.S.A.), or in the U.S. 
Air Force (not less than technical sergeant, Medical Department, 
U.S.A.F.), and a period of satisfactory service of at least one month 
in a military hospital or U.S. Public Health Service Hospital.
* * * * *
    (c) In computing the length of service required of an applicant for 
an endorsement, service of one season on vessels on the Great Lakes is 
counted as service of one year.
    (d) In the event an applicant for an endorsement, other than 
medical doctor or professional nurse, presents evidence of other 
qualifications which, in the opinion of the Officer in Charge, Marine 
Inspection, is equivalent to the experience requirements of this 
section and is consistent with the duties of a staff officer, the 
Officer in Charge, Marine Inspection may issue the MMC.


Sec.  11.809  [Removed and Reserved]

0
208. Remove and reserve newly redesignated Sec.  11.809.

Subpart I--Subjects of Examinations and Practical Demonstrations of 
Competence

0
209. Revise the heading for subpart I to read as set forth above.

0
210. In newly redesignated Sec.  11.901--
0
a. In paragraph (a), remove the word, ``license'', and add, in its 
place, the word, ``endorsement''; and remove the citation, 
``10.903(b)'' and add, in its place, the citation, ``11.903(b)'';
0
b. Revise paragraph (b) to read as set out below; and
0
c. In paragraph (c) introductory text, after the words, ``as provided 
in Sec. Sec.  '', remove the citations, ``10.202 and 10.209'' and add, 
in their place, the citations, ``11.202 and 10.227''; and after the 
words ``reference in'', remove the citation, ``10.102'', and add, in 
its place, the citation, ``11.102'':


Sec.  11.901  General provisions.

* * * * *
    (b) If the endorsement is to be limited in a manner which would 
render any of the subject matter unnecessary or inappropriate, the 
examination may be amended accordingly by the OCMI. Limitations which 
may affect the examination content are:
    (1) MMCs endorsed for restricted routes for reduced service (master 
or mate of vessels of not more than 200 gross tons, OUPV or master or 
mate (pilot) of towing vessels); or
    (2) Engineer endorsements with horsepower restrictions.
* * * * *


Sec.  11.903  [Amended]

0
211. In newly redesignated Sec.  11.903--
0
a. Redesignate ``Table 10.903-1'' as ``Table 11.903(c)''; and
0
b. Revise paragraphs (a) introductory text, (b) introductory text, 
(b)(2), (b)(3), (c) introductory text, and (d) to read as follows:


Sec.  11.903  Endorsements requiring examination.

    (a) The following endorsements require examinations for issuance:
* * * * *
    (b) The following endorsements do not require examinations:
* * * * *
    (2) Master ocean or near coastal not more than 200 gross tons, when 
raising grade from mate near coastal not more than 200 gross tons. 
Master ocean not more than 200 gross tons would, however, require an 
examination in celestial navigation.
    (3) Master Great Lakes and inland, inland, and rivers not more than 
200 gross tons when raising grade from mate of the same route not more 
than 200 gross tons.
* * * * *
    (c) Each candidate for any of the following endorsements shall meet 
the requirements of the appropriate STCW regulations and standards of 
competence and those in part A of the STCW Code (incorporated by 
reference, see Sec.  11.102), as indicated in table 11.903(c) of this 
section:
* * * * *
    (d) Any candidate for an endorsement listed in paragraph (c) of 
this section, who meets the requirements of the appropriate regulations 
and standards of competence in STCW and part A of the STCW code 
(incorporated by reference, see Sec.  11.102) as indicated in table 
11.903(c) of this section, need not

[[Page 11254]]

comply with Sec. Sec.  11.910 or 11.950, of this part.

0
212. In newly redesignated Sec.  11.910--
0
a. Revise the section heading and introductory text as set out below;
0
b. Redesignate table 10.910-1 as table 11.910-1, and revise the heading 
and subheading to read as set out below;
0
c. Redesignate table 10.910-2 as table 11.910-2;
0
d. In the heading for newly redesignated table 11.910-2, remove the 
word ``License'' and add, in its place, the word ``Endorsement'';
0
e. In newly redesignated table 11.910-2, in the first column entitled, 
``Examination topics'', under the entry for ``National Maritime Law'', 
remove the words, ``Licensing & Certification'', and add, in their 
place, the word, ``Credentialing'';
0
f. In footnotes 6 and 7 to newly redesignated table 11.910-2, remove 
the word ``licenses'' wherever it appears and add, in its place, the 
words ``officer endorsements''; and
0
g. In footnote 8 to newly redesignated table 11.910-2, remove the word 
``licenses'':


Sec.  11.910  Subjects for deck officer endorsements.

    Table 11.910-1 gives the codes used in table 11.910-2 for all deck 
officers. Table 11.910-2 indicates the examination subjects for each 
endorsement, by code number. Figures in the body of the table, in place 
of the letter ``x'', refer to notes.

Table 11.910-1--Codes for Deck Officer Endorsements
    Deck Officer Endorsements:
* * * * *

0
213. In newly redesignated Sec.  11.920--
0
a. Revise the section heading and introductory text to read as set out 
below;
0
b. Redesignate table 10.920-1 as table 11.920-1 and revise it to read 
as set out below;
0
c. Redesignate table 10.920-2 as table 11.920-2; and
0
d. In newly redesignated table 11.920-2, in the first column entitled, 
``Examination topics'', under the entry for, ``National Maritime Law'', 
remove the words, ``Licensing and certification'', and add, in their 
place, the word, ``Credentialing'':


Sec.  11.920  Subjects for MODU endorsements.

    Table 11.920-1 gives the codes used in table 11.920-2 for MODU 
endorsements. Table 11.920-2 indicates the examination subjects for 
each endorsement by the code number.

Table 11.920-1--Codes for MODU Endorsements
* * * * *

0
214. Revise the section heading and table heading to newly redesignated 
Sec.  11.950 to read as follows:


Sec.  11.950  Subjects for engineer endorsements.

Table 11.950--Subjects for Engineer Endorsements
* * * * *

0
215. Revise newly redesignated Sec.  11.1005 to read as follows:


Sec.  11.1005  General requirements for officers.

    To serve on a Ro-Ro passenger ship, a person endorsed as master, 
chief mate, mate, chief engineer, or engineer shall meet the 
appropriate requirements of STCW Regulation V/2 and Section A-V/2 of 
the STCW Code (incorporated by reference, see Sec.  11.102) and shall 
hold documentary evidence to show his or her meeting these 
requirements.

0
216. Revise newly redesignated Sec.  11.1105 section heading, 
introductory text, and paragraph (a) to read as follows:


Sec.  11.1105  General requirements for officer's endorsements.

    If you are a master, mate, chief mate, engineer, or chief engineer, 
then, before you may serve on a passenger ship, you must--
    (a) Meet the appropriate requirements of the STCW Regulation V/3 
and of section A-V/3 of the STCW Code (incorporated by reference, see 
Sec.  11.102); and
* * * * *

PART 12--REQUIREMENTS FOR RATING ENDORSEMENTS

0
217. The authority citation for part 12 is revised to read as follows:

    Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110, 7301, 
7302, 7503, 7505, 7701, and 70105; Department of Homeland Security 
Delegation No. 0170.1.


0
218. Revise the heading for part 12 to read as set forth above.


Sec.  12.01-1  [Amended]

0
219. In Sec.  12.01-1--
0
a. In paragraph (a)(2), after the words, ``and to receive the'', remove 
the words, ``certificate or'', and after the words ``required by 
STCW'', remove the words, ``(incorporated by reference in Sec.  12.01-
3)''; and
0
b. Remove paragraphs (a)(3) and (c).
0
220. Revise Sec.  12.01-3 to read as follows:


Sec.  12.01-3  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish a notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. Also, it is available for inspection 
at the Coast Guard, Office of Operating and Environmental Standards 
(CG-5221), 2100 Second Street, SW., Washington, DC 20593-0001, 202-372-
1405 and is available from the sources indicated in this section.
    (b) International Maritime Organization (IMO), 4 Albert Embankment, 
London, SE1 7SR, England, telephone: + 44 (0)20 7735 7611, http://
www.imo.org.
    (1) The International Convention on Standards of Training, 
Certification and Watchkeeping for Seafarers, 1978, as amended 1995 
(the STCW Convention or the STCW), incorporation by reference approved 
for Sec. Sec.  12.02-7, 12.02-11, 12.05-3, 12.05-11, 12.10-3; 12.10-5, 
12.10-7, 12.10-9, 12.15-3, 12.30-5, and 12.35-5.
    (2) The Seafarers' Training, Certification and Watchkeeping Code, 
as amended 1995 (the STCW Code), incorporation by reference approved 
for Sec. Sec.  12.02-11, 12.03-1, 12.05-3, 12.05-7, 12.10-5, 12.10-9, 
12.15-3, 12.15-7, 12.25-45, 12.30-5, and 12.35-5.


Sec.  12.01-6  [Removed and Reserved]

0
221. Remove and reserve Sec.  12.01-6.


Sec.  12.01-7  [Removed and Reserved]

0
222. Remove and reserve Sec.  12.01-7.


Sec.  12.01-11  [Removed and Reserved]

0
223. Remove and reserve Sec.  12.01-11.


Sec.  12.02-3  [Removed and Reserved]

0
224. Remove and reserve Sec.  12.02-3.


Sec.  12.02-4  [Removed and Reserved]

0
225. Remove and reserve Sec.  12.02-4.


Sec.  12.02-5  [Removed and Reserved]

0
226. Remove and reserve Sec.  12.02-5.
0
227. In Sec.  12.02-7, revise paragraphs (a) through (e) and (f) 
introductory text to read as follows:

[[Page 11255]]

Sec.  12.02-7  When documents are required.

    (a) Every seaman employed on any merchant vessel of the United 
States of 100 gross tons or upward, except vessels employed exclusively 
in trade on the navigable rivers of the United States, must carry a 
valid merchant mariner credential (MMC) or merchant mariner's document 
(MMD) with all appropriate endorsements for the position served and, 
beginning on April 15, 2009, a valid Transportation Worker 
Identification Credential (TWIC). Provisions of this section are not 
applicable to unrigged vessels except seagoing barges and certain tank 
barges.
    (b) Every seaman, as referred to in paragraph (a) of this section, 
shall produce a valid MMC or MMD with all applicable rating 
endorsements for the position sought and, beginning on April 15, 2009, 
a valid TWIC to the master of the vessel at the time of his or her 
employment before signing articles of agreement. Seamen who do not 
possess one of these credentials may be employed at a foreign port or 
place.
    (c)(1) Every person employed on any merchant vessel of the United 
States of 100 gross tons and upward, except those navigating rivers 
exclusively and the smaller inland lakes, below the grades of officer 
and staff officer, must possess a valid MMC or MMD with all appropriate 
endorsements for the positions served;
    (2) No endorsements are required of any person below the rank of 
officer employed on any unrigged vessel except seagoing barges and 
certain tank barges.
    (3) No endorsements are required of any person below the rank of 
officer employed on any sail vessel of less than 500 net tons while not 
carrying passengers for hire and while not operating outside the line 
dividing inland waters from the high seas, as defined in section 2 of 
the act of February 19, 1895, as amended (33 U.S.C. 151) and in 33 CFR 
part 82.
    (d) Each person serving as an able seaman or a rating forming part 
of a navigational watch on a seagoing ship of 500 gross tonnage (200 
GRT) or more shall hold an STCW endorsement certifying him or her as 
qualified to perform the navigational function at the support level, in 
accordance with STCW (incorporated by reference, see Sec.  12.01-3).
    (e) Each person serving as a qualified member of the engine 
department (QMED) or a rating forming part of a watch in a manned 
engine-room or designated to perform duties in a periodically unmanned 
engine-room, on a seagoing ship driven by main propulsion machinery of 
750 kW [1,000 hp] of propulsion power or more, shall hold an STCW 
endorsement certifying him or her as qualified to perform the marine-
engineering function at the support level, in accordance with STCW.
    (f) Notwithstanding any other rule in this part, no person subject 
to this part serving on any of the following vessels needs to hold an 
STCW endorsement, either because he or she is exempt from application 
of the STCW, or because the vessels are not subject to further 
obligation under STCW, on account of their special operating conditions 
as small vessels engaged in domestic voyages:
* * * * *


Sec.  12.02-9  [Removed and Reserved]

0
228. Remove and reserve Sec.  12.02-9.


Sec.  12.02-10  [Removed and Reserved]

0
229. Remove and reserve Sec.  12.02-10.

0
230. Revise Sec.  12.02-11 to read as follows:


Sec.  12.02-11  General provisions respecting rating endorsements.

    (a)(1) An MMC with a deck officer endorsement will authorize the 
holder to serve in any rating capacity in the deck department, except 
able seaman. If a deck officer qualifies as able seaman, the MMC will 
be endorsed with the appropriate able seaman and lifeboatman 
endorsement. STCW endorsements as RFPNW and PSC will also be entered 
upon qualification.
    (2) An MMC issued to an engineer officer endorsed for inspected 
vessels of over 2,000 horsepower will authorize the holder to serve in 
any rating capacity in the engine department. If an engineer officer 
qualifies as a lifeboatman, the appropriate lifeboatman endorsement 
will be placed on the MMC. STCW endorsements as RFPEW and PSC will also 
be entered upon qualification.
    (b) The authorized holder of any valid rating endorsement may serve 
in any capacity in the staff department of a vessel, except in those 
capacities requiring a staff officer; except that whenever the service 
includes the handling of food, no person may be so employed unless his 
or her credential bears the food handler's endorsement ``(F.H.)''.
    (c) A rating endorsement as able seaman or lifeboatman authorizes 
service as lifeboatman.
    (d) The OCMI will issue an STCW endorsement if the applicant for or 
holder of an MMC is qualified for the endorsement. The OCMI will issue 
an STCW endorsement for the following ratings:
    (1) A rating forming part of a navigational watch on a seagoing 
ship of 500 GT or more if the holder of the credential is qualified 
according to STCW Regulation II/4 of the STCW Code (incorporated by 
reference, see Sec.  12.01-3) to perform the navigational function at 
the support level.
    (2) A rating forming part of a watch in a manned engineroom, or 
designated to perform duties in a periodically unmanned engineroom, on 
a seagoing ship driven by main propulsion machinery of 750 kW (1,000 
hp) of propulsion power or more, if the holder is qualified in 
according to STCW Regulation III/4 and Section A-III/4 of the STCW 
Code, (incorporated by reference, see Sec.  12.01-3) to perform the 
marine-engineering function at the support level.
    (e) At the request of the holder of the document, the OCMI may add 
an endorsement to indicate that a qualified holder has received basic-
safety training or instruction required under Chapter VI of STCW 
(incorporated by reference, see Sec.  12.01-3).


Sec.  12.02-12  [Removed and Reserved]

0
231. Remove and reserve Sec.  12.02-12.


Sec.  12.02-13  [Removed and Reserved]

0
232. Remove and reserve Sec.  12.02-13.


Sec.  12.02-14  [Removed and Reserved]

0
233. Remove and reserve Sec.  12.02-14.


Sec.  12.02-15  [Removed and Reserved]

0
234. Remove and reserve Sec.  12.02-15.

0
235. Revise Sec.  12.02-17 to read as follows--


Sec.  12.02-17   Examination procedures and denial of rating 
endorsements.

    (a) Upon application for a rating endorsement, any required 
examination will be given as soon as practicable.
    (b) An applicant for a rating endorsement who has been duly 
examined and refused a certificate by the Coast Guard may come before 
the Coast Guard for reexamination at any time after the date of the 
initial examination. The Coast Guard sets the time of reexamination 
based on the applicant's performance on the initial examination. 
However, the maximum waiting period after the initial failure will be 
30 days, and the maximum waiting period after a second or subsequent 
failure will be 90 days.
    (c) An applicant who has been examined and refused a certificate by 
the Coast Guard may not again make application for examination until 30 
days after the applicant's last failure of an examination or 
reexamination.

[[Page 11256]]

Sec. Sec.  12.02-18 through 12.02-27  [Removed and Reserved]

0
236. Remove and reserve Sec. Sec.  12.02-18 through 12.02-27.

0
237. In Sec.  12.03-1 revise paragraphs (a) introductory text, 
(a)(3)(iii), (a)(4), (b), (c) introductory text, and (c)(2) to read as 
follows:


Sec.  12.03-1  Coast Guard-accepted training other than approved 
courses.

    (a) When the training and assessment of competence required by 
parts 10 or 12 of this subchapter are not subject to approval under 
Sec.  11.302 of this chapter, but are used to qualify an applicant to 
hold an STCW or rating endorsement, the training and assessment must 
meet the following requirements:
* * * * *
    (3) * * *
    (iii) Hold the level of Coast Guard credential or other 
professional credential required of those who would apply, on board a 
vessel, the relevant level of knowledge, skills, and abilities 
described in the training objectives.
    (4) Neither a specialist in a particular field of non-maritime 
education, such as mathematics or first aid, nor a person with at least 
3 years of service as a member of the Armed Forces of the United 
States, specializing in a particular field, need hold a Coast Guard 
credential to conduct training in that field.
* * * * *
    (b) The Coast Guard will maintain a list of training each of whose 
offerors submits a certificate, initially not less than 45 calendar 
days before offering training under this section, and annually 
thereafter, signed by the offeror or its authorized representative, 
stating that the training fully complies with requirements of this 
section, and identifying the Coast Guard-accepted QSS being used for 
independent monitoring. Training on this list will offer the training 
necessary for both officer and STCW endorsements under this part. The 
Coast Guard will update this list periodically and make it available to 
members of the public on request.
    (c) If the Coast Guard determines, on the basis of observations or 
conclusions either of its own or of someone authorized by it to monitor 
the training, that the particular training does not satisfy one or more 
of the conditions described in paragraph (a) of this section--
* * * * *
    (2) The offeror may, within a period specified in the notice, 
either appeal the observations or conclusions to the National Maritime 
Center (NMC) or bring the training into compliance; and
* * * * *


Sec.  12.05-1  [Amended]

0
238. In Sec.  12.05-1--
0
a. In paragraph (a), remove the words, ``employed in a rating'', and 
add, in their place, the words, ``serving under the authority of a 
rating endorsement''; and remove the words, ``a merchant mariner's 
document'', and add, in their place, the words, ``an MMC or MMD 
endorsement''; and
0
b. In paragraph (b), remove the word, ``certificate'' and add, in its 
place, the words, ``MMD or MMC endorsed''.

0
239. In Sec.  12.05-3--
0
a. In paragraph (a) introductory text, remove the word, 
``certification'', and add, in its place, the words, ``an 
endorsement'';
0
b. In paragraph (a)(2), remove the word, ``examination'' and add, in 
its place, the words, ``and medical examination in Sec.  10.215 of this 
subchapter'';
0
c. In paragraph (b) introductory text, remove the words, ``valid for 
any period on or after February 1, 2002,''; and
0
d. Revise paragraph (c) to read as follows:


Sec.  12.05-3  General requirements.

* * * * *
    (c) An STCW endorsement as rating forming part of the navigational 
watch will be issued or renewed when the candidate for an endorsement 
meets the requirements of STCW Regulation II/4 and of Section A-II/4 of 
the STCW Code (incorporated by reference, see Sec.  12.01-3).


Sec.  12.05-5  [Removed and Reserved]

0
240. Remove and reserve Sec.  12.05-5.


Sec.  12.05-7  [Amended]

0
241. In Sec.  12.05-7--
0
a. In paragraph (a) introductory text, after the words, ``categories 
of'', remove the words, ``able seaman is as'', and add, in their place, 
the words, ``endorsement as able seamen are'';
0
b. In paragraph (b) introductory text, after the words, ``approved 
by'', remove the words ``Commanding Officer,''; and
0
c. Remove paragraphs (c), (d), and (e).

0
242. In Sec.  12.05-9--
0
a. In paragraph (a) introductory text, remove the word, ``certified'', 
and add, in its place, the words, ``issued an endorsement''; and
0
b. Revise paragraph (e) to read as follows:


Sec.  12.05-9  Examination and demonstration of ability.

* * * * *
    (e) Any person who holds a valid MMC or MMD endorsed as able 
seaman, any waters-12 months and who can produce documentary evidence 
of sufficient service to qualify for an endorsement as able seaman, any 
waters-unlimited, may be issued a new MMC bearing this endorsement 
without additional professional examination. The applicant shall 
surrender for cancellation the credential bearing the limited 
endorsement. No physical examination will be required at the time of 
this exchange unless it is found that the applicant obviously suffers 
from some physical or mental infirmity to a degree that in the opinion 
of the Officer in Charge, Marine Inspection, would render him 
incompetent to perform the usual duties of an able seaman at sea. If 
such condition is believed to exist, the applicant shall be required to 
undergo an examination to determine his competency as set forth in 
Sec.  10.215 of this chapter.

0
243. In Sec.  12.05-11, revise paragraphs (a) and (b) to read as 
follows:


Sec.  12.05-11  General provisions respecting endorsements for service 
as able seamen.

    (a) The holder of an MMC or MMD endorsed for the rating of able 
seamen may serve in any rating in the deck department without obtaining 
an additional endorsement; provided, however, that the holder shall 
hold the appropriate endorsement under the STCW (incorporated by 
reference, see Sec.  12.01-3) when serving as a rating forming part of 
a navigational watch (RFPNW) on a seagoing ship of 500 GT or more.
    (b) An MMC or MMD endorsed as able seaman will also be considered 
an endorsement as lifeboatman.
* * * * *

0
244. Revise Sec.  12.10-1 to read as follows:


Sec.  12.10-1  Credentials required.

    Every person serving under the authority of a rating endorsement as 
lifeboatman on any United States vessel requiring lifeboatmen must 
produce an MMC or MMD endorsed as lifeboatman or able seaman to the 
United States Customs and Border Protection Port Director or his or her 
representative or master before signing articles of agreement. No 
endorsement as lifeboatman is required of any person employed on any 
unrigged vessel, except on a seagoing barge and on a tank barge 
navigating waters other than rivers and/or canals.


Sec.  12.10-3  [Amended]

0
245. In Sec.  12.10-3--

[[Page 11257]]

0
a. In paragraph (a) introductory text, remove the word, 
``certification'', and add, in its place, the words, ``an 
endorsement'';
0
b. In paragraphs (a)(2), (a)(5), and (a)(6) after the words, ``by 
the'', remove the words, ``Commanding Officer,'';
0
c. In paragraph (a)(5), after the words, ``National Maritime Center,'', 
remove the word, ``and'', and add, in its place, the word, ``or'';
0
d. In paragraph (b), remove the word, ``certification'', and add, in 
its place, the words, ``an endorsement''; and
0
e. In paragraph (c), remove the word, ``certified'', and add, in its 
place, the words, ``eligible for an endorsement''.


Sec.  12.10-5  [Amended]

0
246. In Sec.  12.10-5--
0
a. In paragraph (a) introductory text, remove the word, ``certified'', 
and add, in its place, the words, ``issued an endorsement''; and
0
b. In paragraph (d), remove the words, ``After July 31, 1998, each'', 
and add, in their place, the word, ``Each''; and remove the words, 
``certificate endorsed for'', and add, in their place, the words, 
``endorsement with an STCW endorsement for''.

0
247. Revise Sec.  12.10-7 to read as follows:


Sec.  12.10-7  General provisions respecting an MMC or MMD endorsed as 
lifeboatman.

    An MMC or MMD endorsed as able seaman is the equivalent of an 
endorsement as lifeboatman and will be accepted wherever a lifeboatman 
is required by law; provided, however, that, when an able seaman has to 
be endorsed as either proficient in survival craft and rescue boats or 
proficient in fast rescue boats, he or she shall hold an endorsement 
under the STCW (incorporated by reference, see Sec.  12.01-3).

0
248. In Sec.  12.10-9, revise the heading, paragraphs (a), (b) 
introductory text, and (b)(2) to read as follows:


Sec.  12.10-9  Endorsement for proficiency in fast rescue boats.

    (a) Each person engaged or employed as a lifeboatman proficient in 
fast rescue boats must hold an appropriately endorsed MMC or MMD.
    (b) To be eligible for an MMC endorsed for proficiency in fast 
rescue boats, an applicant must:
* * * * *
    (2) Furnish satisfactory proof that he or she has met the 
requirements for training and competence of STCW Regulation, VI/2 
paragraph 2, and the appropriate requirements of Section A-VI/2 of the 
STCW Code (incorporated by reference in Sec.  12.01-3).


Sec.  12.13-3  [Amended]

0
249. In Sec.  12.13-3, remove the words, ``license or document'' and 
add, in their place, the word, ``MMC''.

0
250. Revise Sec.  12.15-1 to read as follows:


Sec.  12.15-1  Credentials required.

    (a) Every person serving under the authority of a rating 
endorsement as qualified member of the engine department on any United 
States vessel requiring qualified members of the engine department 
shall produce an endorsement as qualified member of the engine 
department to the United States Customs and Border Protection Port 
Director or his or her representative or master before signing articles 
of agreement.
    (b) No endorsement as qualified member of the engine department is 
required of any person employed on any unrigged vessel, except seagoing 
barges.
0
251. In Sec.  12.15-3 revise paragraphs (a) through (c), (d) 
introductory text, and (e) to read as follows:


Sec.  12.15-3  General requirements.

    (a) A qualified member of the engine department is any person below 
officer and above the rating of coal passer or wiper, who holds an MMC 
or MMD endorsed as qualified member of the engine department issued by 
the Coast Guard.
    (b) For purposes of administering this part the rating of assistant 
electrician is considered a rating equal to coal passer or wiper.
    (c) An applicant, to be eligible for an endorsement as qualified 
member of the engine department, shall be able to speak and understand 
the English language as would be required in the rating of qualified 
member of the engine department and in an emergency aboard ship.
    (d) An STCW endorsement will be issued or renewed only when the 
candidate for endorsement as a qualified member of the engine 
department also produces satisfactory evidence, on the basis of 
assessment of a practical demonstration of skills and abilities, of 
having achieved or maintained within the previous 5 years the minimum 
standards of competence for the following 4 areas of basic safety:
* * * * *
    (e) An STCW endorsement will be issued or renewed only when the 
candidate for endorsement as a qualified member of the engine 
department meets the standards of competence set out in STCW Regulation 
III/4 and Section A-III/4 of the STCW Code (incorporated by reference, 
see Sec.  12.01-3), if the candidate will be serving as a rating 
forming part of a watch in a manned engine-room, or designated to 
perform duties in a periodically unmanned engine-room, on a seagoing 
ship driven by main propulsion machinery of 750 kW [1,000 hp] 
propulsion power or more.

0
252. Revise Sec.  12.15-5 to read as follows:


Sec.  12.15-5  Physical and medical requirements.

    The physical and medical requirements for an endorsement as QMED 
are found in Sec.  10.215 of this chapter.


Sec.  12.15-7  [Amended]

0
253. In Sec.  12.15-7--
0
a. In paragraph (a), after the words, ``applicant for'', remove the 
words, ``a certificate of service'', and add, in their place, the 
words, ``an endorsement'';
0
b. In paragraph (b)(1), after the words, ``graduate of a school ship 
may'', remove the words, ``be rated'', and add, in their place, the 
words, ``qualify for a rating endorsement''; and
0
c. In paragraph (c), in the first sentence, after the words, 
``qualified rating'', add the words, ``in the engine department''.


Sec.  12.15-9  [Amended]

0
254. In Sec.  12.15-9--
0
a. In paragraph (a), remove the word, ``certification'' and add, in its 
place, the word, ``endorsement''; and
0
b. In paragraphs (c) and (d), remove the word ``certification'' 
wherever it appears and add, in its place, the words, ``an 
endorsement''.

0
255. Revise Sec.  12.15-11 heading and introductory text to read as 
follows:


Sec.  12.15-11  General provisions respecting an endorsement as 
qualified member of the engine department.

    The holder of an endorsement with one or more qualified members of 
the engine department ratings may serve in any unqualified rating in 
the engine department without obtaining an additional endorsement. This 
does not mean that an endorsement of one qualified member of the engine 
department rating authorizes the holder to serve in all qualified 
member of the engine department ratings. Each qualified member of the 
engine department rating must be a separate endorsement. When, however, 
the applicant qualifies for all ratings covered by an endorsement as a 
QMED, the endorsement may read QMED--any rating. The ratings are as 
follows:
* * * * *

[[Page 11258]]

Sec.  12.15-13  [Amended]

0
256. In Sec.  12.15-13--
0
a. In paragraph (a) introductory text, remove the words, ``a 
certificate'', and add, in their place, the words ``an endorsement''; 
and remove the words, ``a merchant mariner's document'', and add, in 
their place, the words, ``an MMC or MMD'';
0
b. In paragraph (b), remove the words, ``merchant mariner's document'' 
and add, in their place, the word ``MMC''; and
0
c. In paragraph (c), remove the words, ``a merchant mariner's 
document'', and add, in their place, the words, ``an MMC or MMD''; 
remove the word ``unlicensed''; and after the words, ``entered on 
his'', remove the word ``document'', and add, in its place, the words, 
``or her credential''.

0
257. In Sec.  12.15-15, revise paragraphs (a) introductory text, (b), 
and (c) to read as follows:


Sec.  12.15-15  Engineman.

    (a) An applicant for an endorsement as engineman shall be a person 
holding an MMC or MMD document endorsed as fireman/watertender and 
oiler, or junior engineer. The applicant shall be eligible for such 
endorsement upon furnishing one of the following:
* * * * *
    (b) The Officer in Charge, Marine Inspection, who is satisfied that 
an applicant for the rating of engineman meets the requirements 
specified in this section, will endorse this rating on the applicant's 
MMC.
    (c) Any holder of an MMC or MMD endorsed for any rating in the 
engine department, QMED--any rating or deck engine mechanic is 
qualified as an engineman and that endorsement will not be entered on 
his or her credential.


Sec.  12.25-1  [Amended]

0
258. In Sec.  12.25-1--
0
a. In the section heading, remove the word, ``Certification'', and add, 
in its place, the word, ``Credentials''; and
0
b. In the text, remove the word ``certificated''; remove the words, ``a 
merchant mariner's document'', and add, in their place, the words, ``an 
MMC or MMD with the appropriate endorsement''.

0
259. Revise Sec.  12.25-10 to read as follows:


Sec.  12.25-10  General requirements.

    (a) Rating endorsements shall be issued without professional 
examination to applicants in capacities other than able seaman, 
lifeboatman, tankerman, or QMED. For example, ordinary seaman, wiper, 
and steward's department (F.H.) endorsements do not require an exam. 
Holders of MMCs or MMDs endorsed as ordinary seaman may serve in any 
unqualified rating in the deck department. Holders of MMCs or MMDs 
endorsed as wiper may serve in any unqualified rating in the engine 
department. MMCs or MMDs endorsed as steward's department (F.H.) will 
authorize the holder's service in any capacity in the steward's 
department. (See Sec.  12.02-11(b) of this part for unqualified ratings 
in the staff department.)
    (b) When the holder of an endorsement is qualified as a food 
handler, the steward's department endorsement will be followed by the 
further endorsement (F.H.).

0
260. Revise Sec.  12.25-20 to read as follows:


Sec.  12.25-20  Physical and medical requirements.

    The physical and medical requirements for this subpart are found in 
part 10 of this chapter.

0
261. Revise Sec.  12.15-25 to read as follows:


Sec.  12.25-25  Members of Merchant Marine Cadet Corps.

    No ratings other than cadet (deck) or cadet (engine), as 
appropriate, and lifeboatman will be shown on an MMC issued to a member 
of the U.S. Merchant Marine Cadet Corps. The MMC will also indicate 
that it is valid only while the holder is a cadet in the U.S. Maritime 
Administration training program. The MMC must be surrendered upon the 
holder being endorsed in any other rating or upon being issued an 
officer's endorsement and the rating of cadet (deck) or cadet (engine) 
will be omitted.


Sec.  12.25-30  [Amended]

0
262. In Sec.  12.25-30, remove the words, ``merchant mariner's 
document'', and add, in their place, the words, ``MMC endorsed''; 
remove the words, ``documents or certificates'', and add, in their 
place, the word, ``endorsements''.


Sec.  12.25-35  [Amended]

0
263. In Sec.  12.25-35--
0
a. In paragraph (a), remove the words, ``a merchant mariner's 
document'', and add, in their place, the words, ``an endorsement''; and
0
b. In paragraph (b), remove the words, ``merchant mariner's documents 
with''.


Sec.  12.25-40  [Amended]

0
264. In Sec.  12.25-40 text, remove the words, ``a merchant mariner's 
document'', and add, in their place, the words, ``an endorsement''.


Sec.  12.25-45  [Amended]

0
265. In Sec.  12.25-45, remove the words, ``certificate or''.


Sec.  12.30-1  [Amended]

0
266. In Sec.  12.30-1, remove the words, ``certification of'', and add, 
in their place, the words, ``endorsements for''.


Sec.  12.30-3  [Removed and Reserved]

0
267. Remove and reserve Sec.  12.30-3.


Sec.  12.30-5  [Amended]

0
268. In Sec.  12.30-5, remove the words, ``after January 31, 1997,''; 
and remove the word, ``MMD'', and add, in its place, the word, 
``endorsement''.


Sec.  12.35-1  [Amended]

0
269. In Sec.  12.35-1, remove the word ``certification'' and add, in 
its place, the word ``qualification''; remove the citation, ``Sec.  
12.35-3'', and add, in its place, the words ``part 10 of this 
chapter''.


Sec.  12.35-3  [Removed and Reserved]

0
270. Remove and reserve Sec.  12.35-3.


Sec.  12.35-5  [Amended]

0
271. In Sec.  12.35-5--

0
a. In the introductory text, remove the words, ``If you are an 
unlicensed person, then, before you'', and add, in their place, the 
words, ``A mariner with no endorsements,''; and remove the words, ``you 
must'', and add, in their place, the words, ``only after meeting the 
following conditions''; and
0
b. In paragraph (b), remove the words, ``you do meet'', and add, in 
their place, the words, ``the mariner meets''.

Subpart 12.40--Non-resident Alien Members of the Steward's 
Department on U.S.-Flag Large Passenger Vessels

0
272. Revise the heading for the subpart 12.40 to read as set forth 
above.


Sec.  12.40-1  [Amended]

0
273. In Sec.  12.40-1, remove the words, ``merchant mariner's 
documents'', and add, in their place, the words, ``merchant mariner 
credentials''.


Sec.  12.40-3  [Removed and Reserved]

0
274. Remove and reserve Sec.  12.40-3.


Sec.  12.40-5  [Amended]

0
275. In Sec.  12.40-5--
0
a. In paragraph (a), remove the words, ``merchant mariner's 
documents'', and add, in their place, the words, ``merchant mariner 
credentials''; and
0
b. In paragraph (b) remove the words, ``merchant mariner's document'', 
and add, in their place, the words, ``merchant mariner credential''.

[[Page 11259]]

Sec.  12.40-7  [Amended]

0
276. In Sec.  12.40-7, remove the words, ``merchant mariner's 
document'', wherever they occur, and add, in their place, the words, 
``merchant mariner credential''.


Sec.  12.40-9  [Amended]

0
277. In Sec.  12.40-9--
0
a. Remove the words, ``merchant mariner's document'', wherever they 
occur, and add, in their place, the words, ``merchant mariner 
credential''; and
0
b. After the words, ``denial established in'', remove the words, 
``Sec.  12.02-4 of this part'', and add, in their place, the words, 
``Sec. Sec.  10.209, 10.211, and 10.213 of this subchapter''.


Sec.  12.40-11  [Amended]

0
278. In Sec.  12.40-11--
0
a. In paragraph (a), remove the words, ``Sec. Sec.  12.02-10, 12.02-12 
and 12.02-14 of this part'', and add, in their place, the words, 
``Sec.  10.221 of this subchapter''; remove the words, ``merchant 
mariner's document'', and add, in their place, the words, ``merchant 
mariner credential''; and
0
b. In paragraph (c) remove the words, ``merchant mariner's document'', 
and add, in their place, the words, ``merchant mariner credential''.


Sec.  12.40-13  [Amended]

0
279. In Sec.  12.40-13--
0
a. In paragraphs (a), (b), and (c), remove the words ``merchant 
mariner's document'', wherever they occur, and add, in their place, the 
words, ``merchant mariner credential''; and
0
b. In paragraph (c)(2), remove the words, ``Sec. Sec.  12.02-10, 12.02-
12 and 12.02-14 of this part'', and add, in their place, the words, 
``Sec.  10.221 of this subchapter''.


Sec.  12.40-15  [Amended]

0
280. In Sec.  12.40-15--
0
a. In paragraph (a) remove the words, ``merchant mariner's document'', 
and add, in their place, the words, ``merchant mariner credential''.

PART 13--CERTIFICATION OF TANKERMEN

0
281. The authority citation for part 13 continues to read as follows:

    Authority: 46 U.S.C. 3703, 7317, 8105, 8703, 9102; Department of 
Homeland Security Delegation No. 0170.1.


Sec.  13.101  [Amended]

0
282. In Sec.  13.101, remove the words, ``to a merchant mariner's 
document'', and add, in their place, the words, ``on a merchant mariner 
credential''.


Sec.  13.103  [Removed and Reserved]

0
283. Remove and reserve Sec.  13.103.

0
284. Add new Sec.  13.106 to read as follows:


Sec.  13.106  Requirement to hold an MMC.

    An applicant for any endorsement in this part must also meet the 
requirements for the MMC on which the endorsement would appear. These 
requirements are set out in part 10 of this chapter.


Sec.  13.107  [Amended]

0
285. In Sec.  13.107--
0
a. In paragraphs (a), (b), (c), (d), (e), and (f), remove the word, 
``MMD'', wherever it appears, and add, in its place, the word, ``MMC'';
0
b. In paragraph (a), remove the words, ``engineer's license'', and add, 
in its place, the words, ``engineer license or engineer endorsement'';
0
c. In paragraph (d), place quotation marks (``'') before and after the 
words, ``Tankerman-Engineer''; after the words ``No person licensed'', 
add the words, ``or credentialed''; and remove the citation, ``part 
10'', and add, in its place, the citation ``part 11'';
0
d. In paragraph (e), remove the citation, ``13.103'' and add, in its 
place, the citation, ``10.107''; and
0
e. In paragraph (f), remove the citation ``10.105'', and add, in its 
place, the citation ``10.217''; remove the word ``chapter'', and add, 
in its place, the word, ``title''.


Sec.  13.109  [Amended]

0
286. In Sec.  13.109(c), remove the citation, ``10.105'', and add, in 
its place, the citation, ``10.217''; and remove the word, ``MMD'', and 
add, in its place, the word, ``MMC''.


Sec.  13.111  [Amended]

0
287. In Sec.  13.111--
0
a. In the section heading, after the word, ``Restricted'', add the 
word, ``tankerman'';
0
b. In paragraph (a), remove the citation, ``46 CFR 10.105'', and add, 
in their place, the words, ``Sec.  10.217 of this chapter'';
0
c. In paragraph (d)(3), after the words, ``passing a physical'', add 
the words, ``and medical''; remove the words ``in accordance with Sec.  
13.125'', and add, in their place, the words, ``according to Sec.  
10.215 of this chapter''; and
0
d. In paragraph (f), after the words ``Seafarers, 1978'', add the words 
``, as amended''.


Sec.  13.119  [Amended]

0
288. In Sec.  13.119, remove the word, ``MMD'', and add, in its place, 
the words, ``merchant mariner's document or merchant mariner credential 
on which the endorsement appears''.


Sec.  13.120  [Amended]

0
289. In Sec.  13.120, in the section heading, before the word, 
``endorsement'', add the word, ``tankerman''; remove the citation, 
``12.02-27'', and add, in its place, the citation, ``10.227''; and 
remove the word, ``MMD'', and add, in its place, the word, ``MMC''.


Sec.  13.121  [Amended]

0
290. In Sec.  13.121--
0
a. In the section heading, remove the word, ``training'', and after the 
word, ``tankerman'', add the word, ``endorsements''; and
0
b. In paragraph (a), remove the text, ``10.203 and 10.304'', and add, 
in its place, the text, ``11.302 and 11.304''.


Sec.  13.125  [Amended]

0
291. In Sec.  13.125--
0
a. In the section heading, after the word, ``Physical'', add the words, 
``and medical''.
0
b. In the text, remove the words, ``10.205(d) of this chapter, 
excluding paragraph (d)(2) of that section'', and add, in their place, 
the words, ``10.215 of this chapter''.


Sec.  13.129  [Amended]

0
292. In Sec.  13.129--
0
a. In the section heading, after the word, ``tankerman'', add the word, 
``endorsements''.
0
b. In table 13.129, in the column, ``Physical required'', remove the 
numbers ``13.125'', ``13.111(b)'', ``13.111(c)'', and ``13.111(d)(3)'' 
wherever they appear and add, in their place, the number ``10.215''.


Sec.  13.201  [Amended]

0
293. In paragraph (c), after the word, ``physical'', add the words, 
``and medical''; and remove the words, ``in accordance with Sec.  
13.125'', and add, in their place, the words, ``according to Sec.  
10.215 of this chapter''.


Sec.  13.203  [Amended]

0
294. In Sec.  13.203--
0
a. In paragraph (a)(1), after the words, ``service as a'', remove the 
word, ``licensed''; after the words, ``deck officer or'', remove the 
words, ``a licensed''; and before the word, ``engineering'', add the 
word, ``an'';
0
b. In paragraph (a)(2), remove the word, ``unlicensed'', and add, in 
its place, the word, ``rating''; and
0
c. In paragraph (c) introductory text, after the word, ``MMD'', add the 
words ``or MMC''.

[[Page 11260]]

Sec.  13.207  [Amended]

0
295. In Sec.  13.207, remove the words, ``license or a tankerman 
endorsement'', and add, in their place, the words, ``license, tankerman 
endorsement, or officer endorsement on an MMC''.


Sec.  13.301  [Amended]

0
296. In Sec.  13.301(c), after the word, ``physical'', add the words, 
``and medical''; and remove the words, ``in accordance with Sec.  
13.125'', and add, in their place, the words, ``according to Sec.  
10.215 of this chapter''.


Sec.  13.303  [Amended]

0
297. In Sec.  13.303(c) introductory text, after the word, ``MMD'', add 
the words, ``or MMC''.


Sec.  13.307  [Amended]

0
298. In Sec.  13.307(a), remove the words, ``license or a tankerman 
endorsement'', and add, in their place, the words, ``license, tankerman 
endorsement on an MMD or MMC, or an officer endorsement on an MMC''.


Sec.  13.401  [Amended]

0
299. In Sec.  13.401(c), after the word, ``physical'', add the words, 
``and medical''; and remove the words, ``in accordance with Sec.  
13.125'', and add, in their place, the words, ``according to Sec.  
10.215 of this chapter''.


Sec.  13.403  [Amended]

0
300. In Sec.  13.403(b) introductory text, after the word, ``MMD'', add 
the words, ``or MMC''.


Sec.  13.407  [Amended]

0
301. In Sec.  13.407, remove the words, ``for a license or 
endorsement'', and add, in their place, the words, ``to the Coast Guard 
for any other endorsement or credential''.


Sec.  13.501  [Amended]

0
302. In Sec.  13.501(c), after the word, ``physical'', add the words, 
``and medical''; remove the words, ``in accordance with Sec.  13.125'', 
and add, in their place, the words, ``according to Sec.  10.215 of this 
chapter''.


Sec.  13.503  [Amended]

0
303. In Sec.  13.503--
0
a. In paragraph (a)(1), remove the words, ``a licensed'', and add, in 
their place, the word, ``an''; after the words, ``engineering 
officer'', remove the word, ``of'', and add, in its place, the word, 
``on'';
0
b. In paragraph (a)(2), remove the word, ``unlicensed'', and add, in 
its place, the word, ``rating''; and
0
 c. In paragraph (b), after the word, ``MMD'', add the words, ``or 
MMC''.


Sec.  13.505  [Amended]

0
304. In Sec.  13.505(a)(2), remove the words, ``licensed and 
unlicensed'', and add, in their place, the words, ``officer, rating, 
and cadet''.


Sec.  13.507  [Amended]

0
305. In Sec.  13.507 text, remove the words, ``for a license or 
tankerman endorsement'', and add, in their place, the words, ``to the 
Coast Guard for any other endorsement or credential''.

PART 14--SHIPMENT AND DISCHARGE OF MERCHANT MARINERS

0
306. The authority citation for part 14 is revised to read as follows:

    Authority: 5 U.S.C. 552; 46 U.S.C. Chapters 103 and 104; 46 
U.S.C. 70105.


Sec.  14.205  [Amended]

0
307. In Sec.  14.205, after the words, ``every document, certificate,'' 
add the word, ``credential,''.


Sec.  14.207  [Amended]

0
308. In Sec.  14.207(a)(1), after the words, ``specify at least the 
name, the'', remove the words, ``number of the license or merchant 
mariner's document'', and add the words, ``license, MMD, or MMC 
number,''.


Sec.  14.307  [Amended]

0
309. In Sec.  14.307(a), remove the words, ``and merchant mariner's 
document number'', and add, in their place, the words, ``MMD or MMC 
number''.

PART 15--MANNING REQUIREMENTS

0
310. The authority citation for part 15 is revised to read as follows:

    Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8104, 
8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904, 
8905(b), 8906, 9102, and 70105; and Department of Homeland Security 
Delegation No. 0170.1.


Sec.  15.103  [Amended]

0
311. In Sec.  15.103--
0
a. In paragraph (b), remove the words, ``of licensed individuals and 
members of the crew'', and add, in their place, the words, ``number of 
officers and rated crew''; and after the words, ``minimum 
qualifications concerning licenses'', add the words, ``and MMC 
endorsements'';
0
b. In paragraph (c), remove the words, ``licensed individuals'', and 
add, in their place, the word, ``officers''; and
0
c. In paragraph (g), remove the words, ``Licensed personnel'', and add, 
in their place, the word, ``Personnel''; after the words, ``an 
appropriate STCW'', remove the words ``certificate or endorsement'', 
and add, in their place, the words, ``endorsement on their license or 
MMC''; and before the words, ``endorsement will be expressly limited'', 
remove the words, ``certificate or''.

Subpart B--[Removed and Reserved]

0
312. Remove and reserve subpart B, consisting of Sec.  15.301.

0
313. Revise Sec.  15.401 to read as follows:


Sec.  15.401  Employment and service within restrictions of credential.

    A person may not employ or engage an individual, and an individual 
may not serve, in a position in which an individual is required by law 
or regulation to hold a license, certificate of registry, merchant 
mariner's document, transportation worker identification credential, 
and/or merchant mariner credential, unless the individual holds all 
credentials required, as appropriate, authorizing service in the 
capacity in which the individual is engaged or employed and the 
individual serves within any restrictions placed on the credential. 
Beginning April 15, 2009, all mariners holding an active license, 
certificate of registry, MMD, or MMC issued by the Coast Guard must 
also hold a valid transportation worker identification credential 
(TWIC) issued by the Transportation Security Administration under 49 
CFR part 1572.


Sec.  15.405  [Amended]

0
314. In Sec.  15.405, remove the words, ``licensed, registered, or 
certificated'', and add, in their place, the word, ``credentialed''.


Sec.  15.410  [Amended]

0
315. In Sec.  15.410--
0
a. In the section heading, remove the word, ``Licensed'' and add, in 
its place, the word, ``Credentialed''; and
0
b. In the text, remove the words, ``a licensed individual authorized'', 
and add, in their place, the words, ``an individual holding a license 
or MMC authorizing them''.


Sec.  15.415  [Removed and Reserved]

0
316. Remove and reserve Sec.  15.415.


Sec.  15.515  [Amended]

0
317. In Sec.  15.515(b) introductory text, remove the words, ``issued 
by the Coast Guard'', and add, in their place, the words, ``or 
appropriate officer endorsement on their MMC''.

0
318. In Sec.  15.520, revise paragraphs (b) through (i) and (l) to read 
as follows:

[[Page 11261]]

Sec.  15.520  Mobile offshore drilling units.

* * * * *
    (b) The OCMI determines the minimum number of officers and crew 
(including lifeboatmen) required for the safe operation of inspected 
MODUs. In addition to other factors listed in this part, the 
specialized nature of the MODU is considered in determining the 
specific manning levels.
    (c) A license or officer endorsement on an MMC as offshore 
installation manager (OIM), barge supervisor (BS), or ballast control 
operator (BCO) authorizes service only on MODUs. A license or 
endorsement as OIM is restricted to the MODU type and mode of operation 
specified on the credential.
    (d) A self-propelled MODU other than a drillship must be under the 
command of an individual who holds a license as master endorsed as OIM 
or an MMC with master and OIM officer endorsements.
    (e) A drillship must be under the command of an individual who 
holds a license or MMC officer endorsement as master. When a drillship 
is on location, the individual in command must hold a license as master 
endorsed as OIM or an MMC with master and OIM officer endorsements.
    (f) A non-self-propelled MODU must be under the command of an 
individual who holds a license or MMC officer or endorsement as OIM.
    (g) An individual serving as mate on a self-propelled surface unit 
other than a drillship must hold an appropriate license or MMC officer 
endorsement as mate and an endorsement as BS or BCO. An individual 
holding a license or MMC officer endorsement as barge supervisor or 
ballast control operator may be substituted for a required mate when a 
self-propelled surface unit other than a drillship is on location or 
under tow, under certain circumstances as determined by the cognizant 
OCMI.
    (h) An individual holding a license or MMC officer endorsement as 
barge supervisor is required on a non-self-propelled surface unit other 
than a drillship.
    (i) An individual holding a license or MMC officer endorsement as 
barge supervisor may serve as ballast control operator.
* * * * *
    (l) A surface mobile offshore drilling unit underway or on 
location, when afloat and equipped with a ballast control room, must 
have that ballast control room manned by an individual holding a 
license or MMC officer endorsement authorizing service as ballast 
control operator.


Sec.  15.530  [Amended]

0
319. In Sec.  15.530--
0
a. Remove paragraph (a) and redesignate paragraphs (b) through (g) as 
paragraphs (a) through (f), respectively;
0
b. In newly redesignated paragraphs (a), (b), (d) and (e), remove the 
words, ``merchant mariner's document'', wherever they occur, and add, 
in their place, the words, ``merchant mariner credential''; and
0
b. In newly redesignated paragraph (c), remove the words, ``unlicensed 
seamen'', and add, in their place, the word, ``ratings''.


Sec.  15.605  [Amended]

0
320. In Sec.  15.605--
0
a. In the section heading, remove the word, ``Licensed'', and add, in 
its place, the word, ``Credentialed'';
0
b. In the introductory text, remove the word, ``licensed'', and add, in 
its place, the word, ``credentialed'';
0
c. In paragraph (a), remove the words, ``, carrying not more than six 
passengers,''; after the words, ``holding a license'', add the words, 
``or MMC endorsed''; after the words, ``as operator'', add the words, 
``of uninspected passenger vessels''; and
0
d. In paragraph (b), remove the word, ``licensed'', and add, in its 
place, the word, ``credentialed''.


Sec.  15.610  [Amended]

0
321. In Sec.  15.610--
0
a. In paragraph (a), after the words, ``and control of a person'', 
remove the word, ``licensed'', and add, in its place, the words, 
``holding a license or MMC officer endorsement''; and after the words, 
``endorsement on his or her license'', add the words, ``or MMC'';
0
b. Remove paragraph (b);
0
c. Redesignate paragraph (c) as paragraph (b); and
0
d. In newly redesignated paragraph (b) introductory text, remove the 
words, ``who holds a first-class pilot's license or endorsement for 
that route, or'', and add, in their place, the words, ``meeting the 
requirements of paragraph (a) of this section who holds either a first-
class pilot's endorsement for that route, MMC officer endorsement for 
the Western Rivers, or meets the requirements of paragraph (a) and''; 
and remove the words, ``paragraph (c)(1) or paragraph (c)(2)'', and 
add, in their place, the words, ``paragraphs (b)(1) or (b)(2)''.


Sec.  15.701  [Amended]

0
322. In Sec.  15.701--
0
a. In paragraph (b), after the words, ``must hold a license'', add the 
words, ``or MMC officer endorsement''; and remove the words, ``part 
10'', and add, in their place, the words, ``parts 10 and 11''; and
0
b. In paragraph (c), after the words, ``employees of the'', remove the 
word, ``Customs'', and add, in their place, the words, ``Customs and 
Border Protection''.


Sec.  15.705  [Amended]

0
323. In Sec.  15.705--
0
a. In paragraph (b), in the first sentence, remove the words, 
``licensed individuals'', and add, in their place, the word, 
``officers''; and in the second sentence, after the words, ``deck 
department other than'', remove the word, ``licensed'';
0
b. In paragraph (c) introductory text, remove the words, ``licensed 
individuals'', and add, in their place, the word, ``officers''; and
0
c. In paragraphs (d), (e)(1) introductory text, and (e)(2), remove the 
word ``licensed'' wherever it appears.


Sec.  15.710  [Amended]

0
324. In Sec.  15.710 introductory text, in the first sentence, after 
the words, ``on the working hours of'', remove the words, ``licensed 
individuals'', and add, in their place, the words, ``credentialed 
officers''; and in the third sentence, after the words, ``master or 
other'', remove the words, ``licensed individual'', and add, in their 
place, the words, ``credentialed officer''.

0
324. In Sec.  15.720, revise paragraphs (a), (b) introductory text, and 
(d) to read as follows:


Sec.  15.720  Use of non-U.S. credentialed personnel.

    (a) United States vessels which need to replace one or more persons 
while on a foreign voyage and outside the jurisdiction of the United 
States, in order to meet manning requirements, may use non-U.S. 
credentialed personnel without a TWIC, except for the positions of 
master and radio officer, until the vessel returns to a port at which 
in the most expeditious manner replacements who are citizens of the 
United States can be obtained.
    (b) The citizenship requirements of 46 U.S.C. 8103(a) and (b) and 
the TWIC requirement of 46 U.S.C. 70105 are waived, except for the 
requirement that the master must be a U.S. citizen holding a TWIC, with 
respect to the following vessels:
* * * * *
    (d) The master shall assure that any replacements of crewmembers by 
non-U.S. citizens made in accordance with this section will be with an 
individual who holds a credential which is equivalent in experience, 
training, and other qualifications to the U.S.

[[Page 11262]]

credential required for the position and that the person possesses or 
will possess the training required to communicate to the extent 
required by Sec.  15.730 of this part.


Sec.  15.725  [Amended]

0
325. In Sec.  15.725, in the first sentence, remove the words, 
``licensed or documented'', and add, in their place, the word, 
``credentialed''.


Sec.  15.730  [Amended]

0
326. In Sec.  15.730(d), remove the words, ``licensed individuals'', 
wherever they appear, and add, in their place, the word, ``officers''; 
and in the fourth sentence, after the words ``spoken directly by the'', 
remove the words, ``licensed individual'', and add, in their place, the 
word, ``officer''.


Sec.  15.805  [Amended]

0
327. In Sec.  15.805--
0
a. In paragraph (a) introductory text, after the words, ``license as'', 
add the words, ``or a valid MMC with endorsement as master'';
0
b. In paragraph (a)(5) introductory text, remove the word, 
``licensed'', and add, in its place, the words, ``holding a license or 
MMC endorsed''; and
0
c. In paragraph (a)(5)(ii), remove the word, ``endorsed'' and add, in 
its place, the words, ``or MMC with officer endorsement''.


Sec.  15.810  [Amended]

0
328. In Sec.  15.810--
0
a. In paragraph (a), remove the word ``licensed'';
0
b. In paragraph (b) introductory text, remove the word, ``licensed 
mates'' and add, in its place, the words ``mariners holding a license 
or MMC officer endorsement as mate'';
0
c. In paragraphs (b)(1) through (5), remove the word, ``licensed'', 
wherever it appears;
0
d. In paragraph (c), after the words, ``appropriate license'', add the 
words, ``or MMC'';
0
e. In paragraph (d) introductory text, remove the words, ``hold a 
license'', and add, in their place, the words, ``satisfy the 
requirements of Sec.  15.805(a)(5) of this part or hold a license or 
MMC'';
0
f. In paragraph (d)(2) introductory text, after the words, ``officer's 
license'', add the words, ``or MMC''; and
0
g. In paragraph (d)(2)(ii), remove the word, ``endorsed'', and add, in 
its place, the words, ``or MMC with officer endorsement''.

0
329. In Sec.  15.812--
0
a. In table 15.812(e)(1), in the heading to the second column, after 
the words, ``First Class Pilot's licenses'', add the words, ``or MMC 
officer endorsements'';
0
b. In table 15.812(e)(2), in the heading to the second column, after 
the words, ``First Class Pilot's licenses'', add the words, ``or MMC 
officer endorsements''; remove the word, ``Operator'', wherever it 
appears and add, in its place, the words, ``Master, Mate (Pilot) of 
towing vessels''; and
0
c. Revise paragraphs (b), (c), (f)(1) introductory text, (f)(1)(i), and 
(f)(2) introductory text to read as follows:


Sec.  15.812  Pilots.

* * * * *
    (b) The following individuals may serve as a pilot for a vessel 
subject to paragraph (a) of this section, when underway on the 
navigable waters of the United States that are designated areas:
    (1) An individual holding a valid first class pilot's license or 
MMC with a first class pilot's endorsement, operating within the 
restrictions of his or her credential, may serve as pilot on any vessel 
to which this section applies.
    (2) An individual holding a valid license or MMC officer 
endorsement as master or mate, employed aboard a vessel within the 
restrictions of his or her credential, may serve as pilot on a vessel 
of not more than 1,600 gross tons propelled by machinery, described in 
paragraphs (a)(1) and (a)(3) of this section, provided he or she:
    (i) Is at least 21 years old;
    (ii) Complies with the currency of knowledge provisions of Sec.  
11.713 of this chapter; and
    (iii) Has completed a minimum of four round trips over the route to 
be traversed while in the wheelhouse as watchstander or observer. At 
least one of the round trips must be made during the hours of darkness 
if the route is to be traversed during darkness
    (3) An individual holding a valid license or MMC officer 
endorsement as master, mate, or operator employed aboard a vessel 
within the restrictions of his or her credential, may serve as pilot on 
a tank barge or tank barges totaling not more than 10,000 gross tons, 
described in paragraphs (a)(1) and (a)(3) of this section, provided he 
or she:
    (i) Is at least 21 years old;
    (ii) Complies with the currency of knowledge provisions of Sec.  
11.713 of this chapter;
    (iii) Has a current physical examination in accordance with the 
provisions of Sec.  11.709 of this chapter;
    (iv) Has at least six-months service in the deck department on 
towing vessels engaged in towing operations; and
    (v) Has completed a minimum of twelve round trips over the route to 
be traversed, as an observer or under instruction in the wheelhouse. At 
least three of the round trips must be made during the hours of 
darkness if the route is to be traversed during darkness.
    (c) An individual holding a valid license or MMC officer 
endorsement as master, mate, or operator, employed aboard a vessel 
within the restrictions of his or her credential, may serve as a pilot 
for a vessel subject to paragraphs (a)(1) and (a)(2) of this section, 
when underway on the navigable waters of the United States that are not 
designated areas of pilotage waters, provided he or she:
    (1) Is at least 21 years old;
    (2) Complies with the currency of knowledge provisions of Sec.  
11.713 of this chapter; and
    (3) Has a current physical examination in accordance with the 
provisions of Sec.  11.709 of this chapter.
* * * * *
    (f) * * *
    (1) When operating from 60[deg]49' north latitude to the Port of 
Valdez be under the direction and control of an individual holding a 
valid license or MMC endorsed as pilot who:
    (i) Is operating under the authority of a license or MMC;
* * * * *
    (2) Navigate with either two credentialed deck officers on the 
bridge or an individual holding a valid license or MMC endorsed as 
pilot when operating south of 60[deg]49' north latitude and in the 
approaches through Hinchinbrook Entrance and in the area bounded:
* * * * *


Sec.  15.815  [Amended]

0
330. In Sec.  15.815--
0
a. In paragraph (a), remove the words, ``licensed deck individuals'', 
and add, in their place, the words, ``deck officers''; and
0
b. In paragraph (c), remove the words, ``be licensed'', and add, in 
their place, the words, ``hold a license or MMC officer endorsement''; 
and after the words, ``service as master'', remove the words, ``, mate, 
or operator'', and add, in their place, the words ``or mate''.


Sec.  15.820  [Amended]

0
331. In Sec.  15.820--
0
a. In paragraph (a) introductory text, remove the words, ``appropriate 
license'', and add, in their place, the words, ``MMC or license 
endorsed''; and after the words, ``as chief engineer or'', remove the 
words, ``a license'', and add, in their place, the words, ``other 
credential'';
0
b. In paragraph (a)(3), remove the words, ``a licensed individual'', 
and add, in their place, the words, ``an individual with a license or 
the

[[Page 11263]]

appropriate MMC officer endorsement''; and
0
c. In paragraph (b), remove the words, ``appropriate license'' and add, 
in their place, the words, ``appropriately endorsed license or MMC''.


Sec.  15.825  [Amended]

0
332. In Sec.  15.825--

0
a. In paragraph (a), remove the words, ``appropriate license'' and add, 
in their place, the words, ``appropriately endorsed license or MMC''; 
and
0
b. In paragraph (b), remove the word, ``licensed'', and add, in its 
place, the word, ``credentialed''.


Sec.  15.835  [Amended]

0
333. In Sec.  15.835 text, remove the number, ``10'', and add, in its 
place, the number, ``11''.


Sec.  15.840  [Amended]

0
334. In Sec.  15.840(a), remove the words, ``licensed individuals'', 
and add, in their place, the words, ``individuals serving as 
officers''.


Sec.  15.860  [Amended]

0
335. In Sec.  15.860--
0
a. In paragraph (a), after the words, ``merchant mariner's documents'', 
add the words, ``or MMCs'';
0
b. In paragraph (f) introductory text, after the words, ``merchant 
mariner's documents'', add the words, ``or MMCs'';
0
c. In paragraph (f)(3), remove the words, ``licensed person'', and add, 
in their place, the words, ``credentialed officer'';
0
d. In paragraph (f)(4), remove the words, ``licensed or unlicensed 
person'', and add, in their place, the words, ``officer or 
crewmember''; and
0
e. In table 15.860(a)(2), in the first column, sixth row, remove the 
words, ``Licensed Person'', and add, in their place, the words, 
``Credentialed Officer''; and in the first column, seventh row, remove 
the words ``Licensed or Unlicensed Person'', and add, in their place, 
the words, ``Credentialed Officer or Crewmember''.


Sec.  15.901  [Amended]

0
336. In Sec.  15.901, paragraphs (a), (b), (c), and (d), after the 
words ``holding a license'', wherever they appear, add the words, ``or 
MMC endorsed''; after the words, ``on the individual's license'', 
wherever they appear, add the words, ``or MMC''; and remove the words, 
``authorizing service'', wherever they appear.


Sec.  15.905  [Amended]

0
337. In Sec.  15.905 (a), (b), and (c), after the words, ``holding a 
license'', wherever they appear, add the words, ``or MMC endorsed''; 
and after the words, ``on the individual's license'', wherever they 
appear, add the words, ``or MMC''.

0
338. Revise Sec.  15.910 to read as follows:


Sec.  15.910  Towing vessels.

    No person may serve as a master or mate (pilot) of any towing 
vessel without meeting the requirements of Sec. Sec.  15.805(a)(5) or 
15.810(d) of this part.


Sec.  15.915  Engineer Officer Endorsements.

0
339. In Sec.  15.915--
0
a. Revise the heading to read as set forth above.
0
b. In the introductory text, after the words, ``following licenses'', 
add the words, ``and MMC officer endorsements''; and after the words, 
``on the license'', add the words, ``or MMC''; and
0
c. In paragraphs (a) introductory text, (b), (c), and (d), after the 
word, ``license'', wherever it appears, add the words, ``or 
endorsement''.


Sec.  15.1001  [Amended]

0
340. In Sec.  15.1001, remove the words, ``an appropriately endorsed 
Federal first class pilot's license issued by the Coast Guard'', and 
add, in their place, the words, ``a valid MMC or license with 
appropriate endorsement as a first-class pilot''.

0
341. In Sec.  15.1103--
0
a. Revise the section heading;
0
b. In paragraph (c), remove the words, ``After January 31, 2002, on'', 
and add, in their place, the word, ``On''; and
0
c. Revise paragraphs (d), (e) introductory text, (f), and (h).
    The revisions read as follows:


Sec.  15.1103  Employment and service within the restrictions of an 
STCW endorsement or of a certificate of training.

* * * * *
    (d) You must hold documentary evidence to show you meet the 
requirements of Sec. Sec.  11.1005 or 12.30-5 of this chapter, as 
appropriate, if you are a master or crewmember on board a Ro-Ro 
passenger ship to which a certificate signifying compliance with the 
International Convention for the Safety of Life at Sea, 1974, as 
amended (SOLAS) (SOLAS is available from the International Maritime 
Organization (IMO), 4 Albert Embankment, London, SE1 7SR, England, 
telephone: + 44 (0)20 7735 7611, http://www.imo.org), has been issued.
    (e) You must hold documentary evidence to show you meet the 
requirements of Sec. Sec.  11.1005 or 12.30-5 of this chapter, as 
appropriate, if you are a master or crewmember on board a vessel that 
is--
* * * * *
    (f) On board a seagoing vessel required to comply with provisions 
of the Global Maritime Distress and Safety System (GMDSS) in Chapter IV 
of SOLAS, no person may employ or engage any person to serve, and no 
person may serve, as the master, chief mate, or officer of the 
navigational watch, unless the person serving holds the appropriate 
certificate or endorsement for operator of radio in GMDSS.
* * * * *
    (h) On board a seagoing vessel fitted with an Automatic Radar 
Plotting Aid (ARPA), no person may employ or engage any person to 
serve, and no person may serve, as the master, chief mate, or officer 
of the navigational watch, unless the person so serving has been 
trained in the use of ARPA according to Sec. Sec.  11.205 or 11.209 of 
this chapter, whichever is appropriate.


Sec.  15.1105  [Amended]

0
342. In Sec.  15.1105(a) introductory text, (b), and (c) introductory 
text, remove the words, ``After January 31, 1997, on'', wherever they 
appear and add, in their place, the word, ``On''.


Sec.  15.1107  [Amended]

0
343. In Sec.  15.1107--
0
a. In the introductory text, after the words, ``mariner holding a 
license'', add the words, ``, MMC,''; and
0
b. In paragraph (c), remove the words, ``licenses, documents, or 
endorsements'', and add, in their place, the word, ``credentials''.


Sec.  15.1111  [Amended]

0
344. In Sec.  15.1111, paragraph (a), remove the words, ``After January 
31, 1997, each'', and add, in their place, the word, ``Each''.

PART 16--CHEMICAL TESTING

0
345. The authority citation for part 16 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306, 7101, 7301, and 7701; 
Department of Homeland Security Delegation No. 0170.1.


0
346. In Sec.  16.105, add, in alphabetical order, a definition for 
``credential'' as set out below; in the definition for ``crewmember'', 
redesignate paragraphs (a), (b) introductory text, (b)(1), (b)(2), 
(b)(3) and (b)(4) as paragraphs (1), (2), (2)(i), (2)(ii), (2)(iii), 
and (2)(iv) respectively; and revise newly redesignated paragraphs (1) 
and (2) introductory text of the definition for ``crewmember'' to read 
as follows:

[[Page 11264]]

Sec.  16.105  Definitions of terms used in this part.

* * * * *
    Credential is a term used to refer to any or all of the following:
    (1) Merchant mariner's document.
    (2) Merchant mariner's license.
    (3) STCW endorsement.
    (4) Certificate of registry.
    (5) Merchant mariner credential.
    Crewmember means an individual who is--
    (1) Onboard a vessel acting under the authority of a credential 
issued under this subchapter, whether or not the individual is a member 
of the vessel's crew; or
    (2) Engaged or employed onboard a vessel owned in the United States 
that is required by law or regulation to engage, employ, or be operated 
by an individual holding a credential issued under this subchapter, 
except for the following:
* * * * *


Sec.  16.113  [Amended]

0
347. In Sec.  16.113(a), remove the words, ``documented and licensed'', 
and add, in their place, the word, ``credentialed''.


Sec.  16.201  [Amended]

0
348. In Sec.  16.201--
0
a. In paragraph (c), after the words, ``If an individual holding'', 
remove the words, ``a license, certificate of registry, or merchant 
mariner's document'', and add, in their place, the words, ``a 
credential''; after the words, ``against his or her'', remove the 
words, ``license, certificate of registry, or merchant mariner's 
document'', and add, in their place, the word ``credential''; and
0
b. In paragraph (d), remove the words, ``a license, certificate of 
registry, or merchant mariner's document'', and add, in their place, 
the words, ``a credential''.

0
349. Revise Sec.  16.220(a) and (b) to read as follows:


Sec.  16.220  Periodic testing requirements.

    (a) Except as provided by paragraph (c) of this section and Sec.  
10.227(e) of this chapter, an applicant must pass a chemical test for 
dangerous drugs for--
    (1) An original issuance of a license, COR, MMD, or MMC;
    (2) The first issuance, raise of grade, or renewal of an officer 
endorsement on a merchant mariner credential;
    (3) A raise of grade of a license or COR;
    (4) The first endorsement as an able seaman, lifeboatman, qualified 
member of the engine department, or tankerman; or
    (5) A reissuance of a credential with a new expiration date. The 
applicant must provide the results of the test to the Coast Guard 
Regional Examination Center (REC) at the time of submitting an 
application. The test results must be completed and dated not more than 
185 days before submission of the application.
    (b) Unless excepted under paragraph (c) of this section, each pilot 
required by this subchapter to receive an annual physical examination 
must pass a chemical test for dangerous drugs as a part of that 
examination, and provide the results to the Coast Guard. Applicants 
need not submit additional copies of their annual chemical test for 
dangerous drugs pursuant to paragraph (a) of this section if the 
applicant submitted passing results of a chemical test for dangerous 
drugs to the Coast Guard within 12 months of the date of application.
* * * * *


Sec.  16.230  [Amended]

0
350. In Sec.  16.230--
0
a. In paragraph (b)(1), remove the words, ``issued by the Coast Guard 
hold a license'', and add, in their place the words, ``hold a license 
or MMC endorsed as master, mate, or operator''; and
0
b. In paragraph (k), remove the words, ``license or merchant mariner's 
document'', and add, in their place, the word, ``credential''.


Sec.  16.250  [Amended]

0
351. In Sec.  16.250, in paragraph (a), remove the words ``license, 
certificate of registry, or merchant mariner's document'' and add, in 
their place, the word, ``credential''.

PART 26--OPERATIONS

0
352. The authority citation for part 26 continues to read as follows:

    Authority: 46 U.S.C. 3306, 4104, 6101, 8105; Pub. L. 103-206, 
107 Stat. 2439; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 
Department of Homeland Security Delegation No. 0170.1.

Subpart 26.20--Exhibition of Coast Guard Credential

0
353. Revise the heading to subpart 26.20 as set forth above.


Sec.  26.20-1  [Amended]

0
354. In Sec.  26.20-1, after the words, ``valid Coast Guard license'', 
add the words ``or MMC officer endorsement''; and after the words, 
``must have the license'', add the words, ``or MMC''.

PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS

0
355. The authority citation for part 28 continues to read as follows:

    Authority: 46 U.S.C. 3316, 4502, 4505, 4506, 6104, 10603; 
Department of Homeland Security Delegation No. 0170.1.


Sec.  28.275  [Amended]

0
356. In Sec.  28.275--
0
a. In paragraph (a)(2) introductory text, remove the words, ``merchant 
mariner's license'' and add, in their place, the words, ``license or 
officer endorsement''; remove the words ``64 CFR'' and add, in their 
place, the text ``Sec.  ''; and
0
b. In paragraph (a)(3) introductory text, remove the words, ``merchant 
mariner's license'', and add, in their place, the words, ``license or 
officer endorsement''; and remove the words, ``46 CFR'' and add, in 
their place, the text, ``Sec. ''.

PART 30--GENERAL PROVISIONS

0
357. The authority citation for part 30 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306, 3703; Pub. L. 103-206, 107 
Stat. 2439; 49 U.S.C. 5103, 5106; Department of Homeland Security 
Delegation No. 0170.1; Section 30.01-2 also issued under the 
authority of 44 U.S.C. 3507; Section 30.01-05 also issued under the 
authority of Sec. 4109, Pub. L. 101-380, 104 Stat. 515.


Sec.  30.10-71  [Amended]

0
358. In Sec.  30.10-71 introductory text, remove the words, ``merchant 
mariners' documents'' and add, in their place, the word, 
``endorsements''.

PART 31--INSPECTION AND CERTIFICATION

0
359. The authority citation for part 31 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307, 
3703; 46 U.S.C. Chapter 701; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 
58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 
1991 Comp., p. 351; Department of Homeland Security Delegation No. 
0170.1. Section 31.10-21 also issued under the authority of Sect. 
4109, Pub. L. 101-380, 104 Stat. 515.


Sec.  31.15-1  [Amended]

0
360. In Sec.  31.15-1, in the section heading, remove the words, 
``Licensed officers'' and add, in their place, the word, ``Officers''.

PART 35--OPERATIONS

0
361. The authority citation for part 35 continues to read as follows:


[[Page 11265]]


    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101; 49 
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department 
of Homeland Security Delegation No. 0170.1.


Sec.  35.05-1  [Amended]

0
362. In Sec.  35.05-1--
0
a. In the section heading, remove the words, ``Licensed officers'', and 
add, in their place, the word, ``Officers''; and
0
b. In the text, remove the words ``licensed'' and ``certificated'' 
wherever they appear.

PART 42--DOMESTIC AND FOREIGN VOYAGES BY SEA

0
363. The authority citation for part 42 continues to read as follows:

    Authority: 46 U.S.C. 5101-5116; Department of Homeland Security 
Delegation No. 0170.1; section 42.01-5 also issued under the 
authority of 44 U.S.C. 3507.


0
364. Add new Sec.  42.05-27 to read as follows:


Sec.  42.05-27  Credential.

    As used in this subchapter, credential means any or all of the 
following:
    (a) Merchant mariner's document.
    (b) Merchant mariner's license.
    (c) STCW endorsement.
    (d) Certificate of registry.
    (e) Merchant mariner credential.


Sec.  42.07-50  [Amended]

0
365. In Sec.  42.07-50(b)(5), remove the words, ``license or merchant 
mariner's document'', and add, in their place, the word, 
``credential''.

PART 58--MAIN AND AUXILIARY MACHINERY AND RELATED SYSTEMS

0
366. The authority citation for part 58 continues to read as follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O. 12234, 45 
FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1.

Sec.  58.16-19  [Amended]

0
367. In Sec.  58.16-19(b), remove the word, ``licensed'', and add, in 
its place, the word, ``credentialed''.

PART 61--PERIODIC TESTS AND INSPECTIONS

0
368. The authority citation for part 61 continues to read as follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306, 3307, 3703; 
E.O. 12234, 45 FR 58801, 3 CFR 1980 Comp., p. 277; Department of 
Homeland Security Delegation No. 0170.1.


Sec.  61.15-10  [Amended]

0
369. In Sec.  61.15-10(a), remove the words, ``a licensed'', and add, 
in their place, the words, ``an appropriately credentialed''.

PART 78--OPERATIONS

0
370. The authority citation for part 78 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49 
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department 
of Homeland Security Delegation No. 0170.1.

Subpart 78.65--[Amended]

0
371. In the heading to subpart 78.65, remove the word, ``License'', and 
add, in its place, the words, ``Merchant Mariner Credential'';
0
372. Revise Sec.  78.65-1 to read as follows:


Sec.  78.65-1  Officers.

    All officers on a vessel must have their licenses or officer 
endorsements conspicuously displayed.

PART 97--OPERATIONS

0
373. The authority citation for part 97 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49 
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 
277; E.O. 12777, 56 FR 54757; 3 CFR, 1991 Comp., p. 351; Department 
of Homeland Security Delegation No. 0170.1.

Subpart 97.53--Exhibition of Merchant Mariner Credential

0
374. Revise the heading to subpart 97.53 to read as set forth above.

0
375. Revise Sec.  97.53-1 to read as follows:


Sec.  97.53-1  Officers.

    All officers on a vessel must have their licenses or officer 
endorsements conspicuously displayed.

PART 98--SPECIAL CONSTRUCTION, ARRANGEMENT, AND OTHER PROVISIONS 
FOR CERTAIN DANGEROUS CARGOES IN BULK

0
376. The authority citation for part 98 continues to read as follows:

    Authority: 33 U.S.C. 1903; 46 U.S.C. 3306, 3307, 3703; 49 U.S.C. 
App. 1804; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 
Department of Homeland Security Delegation No. 0170.1.


Sec.  98.30-17  [Amended]

0
377. In Sec.  98.30-17--
0
a. In paragraph (b)(1), before the words, ``merchant mariner's 
document'', add the words, ``endorsement on his or her merchant mariner 
credential or''; and
0
b. In paragraph (b)(2), remove the words, ``license or certificate'', 
and add, in their place, the words, ``merchant mariner credential, 
license, or certificate''; and remove the words, ``on his or her MMD''.

PART 105--COMMERCIAL FISHING VESSELS DISPENSING PETROLEUM PRODUCTS

0
378. The authority citation for part 105 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 4502; 49 
U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp., 
p. 793; Department of Homeland Security Delegation No. 0170.1.


Sec.  105.05-10  [Amended]

0
379. In Sec.  105.05-10(c)(2), remove the word, ``licensed''.


Sec.  105.45-1  [Amended]

0
380. In Sec.  105.45-1--
0
a. In paragraph (a)(1), remove the word, ``documents'' and add, in its 
place, the words, ``merchant mariner credentials or merchant mariner's 
documents'';
0
b. In paragraph (b)(1), before the words, ``merchant mariner's 
document'', add the words, ``merchant mariner credential or''; and
0
c. In paragraph (b)(2), after the word, ``license'', add the words, 
``or merchant mariner credential''.

PART 114--GENERAL PROVISIONS

0
381. The authority citation for part 114 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306, 3703; Pub. L. 103-206, 107 
Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland Security No. 
0170.1; Sec.  114.900 also issued under 44 U.S.C. 3507.


Sec.  114.400  [Amended]

0
382. In Sec.  114.400(b), in the definition for, ``Master'', after the 
word, ``license'', add the words, ``or merchant mariner credential''.

PART 115--INSPECTION AND CERTIFICATION

0
383. The authority citation for part 115 is revised to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307; 
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 
Comp., p. 743; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 
Department of Homeland Security Delegation No. 0170.1.


Sec.  115.113  [Amended]

0
384. In Sec.  115.113(b)(1)(iii), remove the word, ``licensed'' and 
add, in its place, the word ``credentialed''.

[[Page 11266]]

PART 122--OPERATIONS

0
385. The authority citation for part 122 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1.


Sec.  122.402  [Amended]

0
386. In Sec.  122.402--
0
a. In the section heading, remove the word, ``Licenses'', and add, in 
its place, the word ``Officers''; and
0
b. In the text, remove the words, ``licensed individual'', and add, in 
their place, the word ``officer''; remove the words, ``shall have his 
or her ``license'', and add, in their place, the words, ``must have his 
or her license or merchant mariner credential''.


Sec.  122.910  [Amended]

0
387. In Sec.  122.910 text, after the words, ``An individual holding 
a'', add the words, ``merchant mariner credential,''; and after the 
words, ``suspension or revocation of a'', remove the words, ``license, 
certificate, or document'', and add, in their place, the word, 
``credential''.

PART 125--GENERAL

0
388. The authority for part 125 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306, 3307; 49 U.S.C. App. 1804; 
Department of Homeland Security Delegation No. 0170.1.


0
389. In Sec.  125.160, add, in alphabetical order, a definition for the 
term ``credential'' to read as follows:


Sec.  125.160  Definitions.

* * * * *
    Credential means any or all of the following:
    (1) Merchant mariner's document.
    (2) Merchant mariner's license.
    (3) STCW endorsement.
    (4) Certificate of registry.
    (5) Merchant mariner credential.
* * * * *

PART 131--OPERATIONS

0
390. The authority citation for part 131 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101, 10104; E.O. 
12234, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 3 CFR, 1991 Comp., p. 
351; Department of Homeland Security Delegation No. 0170.1.


Sec.  131.410  [Amended]

0
391. In Sec.  131.410, before the words, ``merchant mariner's 
document'' wherever they appear, add the words, ``merchant mariner 
credential or''.


Sec.  131.905  [Amended]

0
392. In Sec.  131.905(b), after the words, ``the suspension or 
revocation of'', add the words, ``credentials''.
0
393. Revise Sec.  131.955 to read as follows:--


Sec.  131.955  Display of merchant mariner credential.

    Each officer on a vessel must conspicuously display his or her 
license or officer endorsements as required by 46 U.S.C. 7110.

PART 151--BARGES CARRYING BULK LIQUID HAZARDOUS MATERIAL CARGOES

0
394. The authority citation for part 151 continues to read as follows:

    Authority: 33 U.S.C. 1903; 46 U.S.C. 3703; Department of 
Homeland Security Delegation No. 0170.1.


Sec.  151.03-53  [Amended]

0
395. In Sec.  151.03-53 introductory text, before the words, ``merchant 
mariner's documents'', add the words, ``merchant mariner credentials 
or''.

PART 166--DESIGNATION AND APPROVAL OF NAUTICAL SCHOOL SHIPS

0
396. The authority citation for part 166 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306, 8105; 46 U.S.C. App. 1295g; 
Department of Homeland Security Delegation No. 0170.1.


Sec.  166.01  [Amended]

0
397. In Sec.  166.01(a), before the words, ``or merchant mariner's 
documents'', add the words, ``on merchant mariner credentials''.

PART 169--SAILING SCHOOL VESSELS

0
398. The authority citation for part 169 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; Pub. L. 103-
206, 107 Stat. 2439; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 
Comp., p. 793; Department of Homeland Security Delegation No. 
0170.1; Sec.  169.117 also issued under the authority of 44 U.S.C. 
3507.


Sec.  169.107  [Amended]

0
399. In Sec.  169.107, in the definition for, ``Master'', remove the 
word, ``licensed'', and add, in its place, the word, ``credentialed''.


Sec.  169.805  [Amended]

0
400. In Sec.  169.805--
0
a. In the section heading, remove the word, ``licenses'', and add, in 
its place, the words, ``merchant mariner credentials''; and
0
b. In the text, remove the words, ``Licensed personnel'' and add, in 
their place, the word ``Officers''; remove the words, ``shall have 
their licenses'', and add, in their place, the words, ``must have their 
license or merchant mariner credential''.

PART 175--GENERAL PROVISIONS

0
401. The authority citation for part 175 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3205, 3306, 3703; Pub. L. 103-206, 
107 Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland Security 
Delegation No. 0170.1; 175.900 also issued under authority of 44 
U.S.C. 3507.


Sec.  175.118  [Amended]

0
402. Revise Sec.  175.118(c)(3) to read as follows:


Sec.  175.118  Vessels operating under an exemption afforded in the 
Passenger Vessel Safety Act of 1993 (PVSA).

* * * * *
    (c) * * *
    (3) The owner or operator must crew the vessel under the 
requirements of this subchapter. All officers must be endorsed for the 
appropriate vessel tonnage. The OCMI may require an appropriately 
endorsed engineer officer for those vessels of at least 200 gross tons. 
Vessels carrying more than 50 passengers must have an additional 
deckhand, and all deckhands on vessels carrying more than 50 passengers 
must be adequately trained. The crew members on a vessel of at least 
200 gross tons, except those operated exclusively on lakes and rivers, 
are required to hold merchant mariner credentials or merchant mariner 
documents and 50 percent of the merchant mariner credentials or at 
least an able seaman.
* * * * *


Sec.  175.400  [Amended]

0
403. In Sec.  175.400, in the definition for, ``Master'', remove the 
word, ``license'', and add, in its place, the words, ``merchant mariner 
credential''.

PART 176--INSPECTION AND CERTIFICATION

0
404. The authority citation is revised to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307; 
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 
Comp., p. 743; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 
Department of Homeland Security Delegation No. 0170.1.


Sec.  176.113  [Amended]

0
405. In Sec.  176.113(b)(1)(iii), remove the word, ``licensed''.

[[Page 11267]]

PART 185--OPERATIONS

0
406. The authority citation continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1.


0
407. Revise Sec.  185.402 to read as follows:


Sec.  185.402  Officers.

    Each officer employed on any vessel subject to this subchapter must 
have his or her license or merchant mariner credential onboard and 
available for examination at all times when the vessel is operating.


Sec.  185.910  [Amended]

0
408. In Sec.  185.910, after the words, ``individual holding a'', add 
the words, ``merchant mariner credential,''; and after the words, 
``suspension or revocation of a'', add the words, ``merchant mariner 
credential,''.

PART 196--OPERATIONS

0
409. The authority citation for part 196 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2213, 3306, 5115, 6101; 
E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12234, 45 
FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1.

Subpart 196.53--Exhibition of Credential

0
410. Revise the heading to subpart 196.53 to read as set forth above.

0
411. Revise Sec.  196.53-1 to read as follows:


Sec.  196.53-1  Officers.

    All officers on a vessel must have their licenses or officer 
endorsements conspicuously displayed.

PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS

0
412. The authority citation for part 199 continues to read as follows:

    Authority: 46 U.S.C. 3306, 3703; Pub. L. 103-206, 107 Stat. 
2439; Department of Homeland Security Delegation No. 0170.1.


Sec.  199.30  [Amended]

0
413. In Sec.  199.30, in the definition for, ``Certificated person'', 
after the words, ``merchant mariner's document'', add the words, ``or 
merchant mariner credential''.

PART 401--GREAT LAKES PILOTAGE REGULATIONS

0
414. The authority citation for part 401 continues to read as follows:

    Authority: 46 U.S.C. 2104(a), 6101, 7701, 8105, 9303, 9304 and 
70105; Department of Homeland Security Delegation No. 0170.1; 46 CFR 
401.105 also issued under the authority of 44 U.S.C. 3507.


0
415. In Sec.  401.110--
0
a. In paragraph (a)(8), after the word, ``license'', add the words, 
``or merchant mariner credential''; and
0
b. In paragraph (a)(12), after the words, ``who holds a license'', add 
the words, ``or merchant mariner credential endorsed''; and
0
c. Add a new paragraph (a)(17) to read as follows:


Sec.  401.110  Definitions.

    (a) * * *
    (17) Merchant mariner credential or MMC means the credential issued 
by the Coast Guard under 46 CFR part 10. It combines the individual 
merchant mariner's document, license, and certificate of registry 
enumerated in 46 U.S.C. subtitle II part E as well as the STCW 
endorsement into a single credential that serves as the mariner's 
qualification document, certificate of identification, and certificate 
of service.


Sec.  401.210  [Amended]

0
416. Revise Sec.  401.210(a)(1) and (a)(6) to read as follows:


Sec.  401.210  Requirements and qualifications for registration.

    (a) * * *
    (1) The individual holds a license or MMC endorsed as a master, 
mate, or pilot, issued under the authority of the provisions of Title 
52 of the Revised Statutes, and has acquired at least twenty-four 
months service as a licensed or credentialed officer or comparable 
experience on vessels or integrated tugs and tows, of 4,000 gross tons, 
or over, operating on the Great Lakes or oceans. Those applicants 
qualifying with ocean service must have obtained at least six months of 
service as a licensed or credentialed officer or comparable experience 
on the Great Lakes. Those applicants qualifying with comparable 
experience must have served a minimum of twelve months as a deck 
officer under the authority of their license or MMC.
* * * * *
    (6) Until April 15, 2009, the individual possesses a validated 
Merchant Mariner's Document issued by the Coast Guard or a valid 
Transportation Worker Identification Credential (TWIC). After April 15, 
2009, the individual must posses a valid TWIC.


Sec.  401.220  [Amended]

0
417. In Sec.  401.220(d), remove the word, ``license'', and add, in its 
place, the word, ``endorsement''.


Sec.  401.230  [Amended]

0
418. In Sec.  401.230(a), remove the word, ``license'', and add, in its 
place, the word, ``endorsement''.


Sec.  401.250  [Amended]

0
419. In Sec.  401.250(d), after the words, ``whenever his or her 
license'', add the words, ``or MMC officer endorsement''; after the 
words, ``simultaneously with his or her license'', add the words, 
``and/or MMC''; after the words, ``If the license'', add the words, 
``or officer endorsement''; and after the words, ``with the suspended 
license'', add the words, ``or officer endorsement''.

PART 402--GREAT LAKES PILOTAGE RULES AND ORDERS

0
420. The authority citation for part 402 continues to read as follows:

    Authority: 46 U.S.C. 2104(a), 8105, 9303, 9304; 49 CFR 1.46 
(mmm).


Sec.  402.220  [Amended]

    421. In Sec.  402.220(a)(1), (a)(2), and (a)(3), after the word, 
``license'', wherever it appears, add the words, ``or endorsement''.

    Dated: January 15, 2009.
Brian M. Salerno,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety, 
Security & Stewardship.
 [FR Doc. E9-5436 Filed 3-10-09; 4:15 pm]

BILLING CODE 4910-15-P
