Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Proposed Rules 3605 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 1, 20, 70, 95, 101, 110, 

141, 155, 156, 160, 162, 163, 164, and 

165 

46 CFR Parts 1, 4, 5, 10, 11, 12, 13, 14, 

15, 16, 26, 28, 30, 31, 35, 42, 58, 61, 78, 

97, 98, 105, 114, 115, 122, 125, 131, 151, 

166, 169, 175, 176, 185, 196, 199, 401 

and 402 

Docket No. USCG–2006–24371 

RIN 1625–AB02 

Consolidation of Merchant Mariner 

Qualification Credentials 

AGENCY: United States Coast Guard, 

DHS. 

ACTION: Supplemental notice of 

proposed rulemaking. 

SUMMARY: The Coast Guard issues this 

Supplemental Notice of Proposed 

Rulemaking (SNPRM) for the 

Consolidation of Merchant Mariner 

Qualification Credentials rulemaking 

project to amend its Notice of Proposed 

Rulemaking (NPRM) published in May 

2006. The purpose of this SNPRM is to 

address comments received from the 

public on the NPRM, revise the 

proposed rule based on those 

comments, and provide the public with 

an additional opportunity to comment 

on the proposed revisions. This revised 

proposed rule would work in tandem 

with the joint final rule published by 

the Coast Guard and the Transportation 

Security Administration (TSA) 

published elsewhere in today’s Federal 

Register entitled ‘‘Transportation 

Worker Identification Credential (TWIC) 

Implementation in the Maritime Sector; 

Hazardous Materials Endorsement for a 

Commercial Driver’s License’’. 

DATES: Comments and related material 

must reach the Docket Management 

Facility on or before April 25, 2007. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2006–24371 to the 

Docket Management Facility at the U.S. 

Department of Transportation. To avoid 

duplication, please use only one of the 

following methods: 

(1) Web Site: http://dms.dot.gov. 

(2) Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., Room PL–401, 

Washington, DC 20590–0001. 

(3) Fax: 202–493–2251. 

(4) Delivery: Room PL–401 on the 

Plaza level of the Nassif Building, 400 

Seventh Street SW., Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The telephone number is 202–366– 

9329. 

(5) Federal eRulemaking Portal: 

http://www.regulations.gov. 

See SUPPLEMENTARY INFORMATION for 

format and other information about 

comment submissions. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning this proposed 

rule, call Mr. Luke Harden (G–PSO–1), 

United States Coast Guard, 2100 Second 

Street, SW., Washington, DC 20593; 

telephone 1–877–687–2243. 

For questions concerning viewing or 

submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Management System, U.S. 

Department of Transportation, Room 

Plaza 401, 400 Seventh Street SW., 

Washington, DC 20590–0001; telephone 

(202) 493–0402. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Public Participation and Request for 

Comments 

II. Background and Purpose 

III. Discussion of the Proposed Rulemaking 

IV. Quick Summary of Differences Between 

this SNPRM and the Current Regulations 

V. Discussion of Comments and Changes 

A. Comments From the Docket or Public 

Meetings 

1. Comments Regarding TWIC 

2. General Objections to the Rulemaking 

3. Course of the Rulemaking 

4. Appeals 

5. Applicability 

6. Application Process 

7. Authority 

8. Burden 

9. Citizenship 

10. Concurrent Processing of Applications 

11. Continuity Licenses 

12. Definitions 

13. Editing 

14. Expiration dates 

15. Format of the MMC 

16. General 

17. International Agreements 

18. Information Sharing 

19. Interim Credentials 

20. Invalid Credentials 

21. License Creep 

22. Loss of License as Separate Credential 

23. Medical 

24. National Driver Register 

25. Port Access 

26. Posting 

27. Preemption 

28. Personal Privacy 

29. Public Meetings 

30. Regulatory Requirements 

31. Renewals and Duplicates 

32. Suspension and Revocation 

33. Safety and Suitability 

34. Miscellaneous Comments Outside the 

Scope of this Rulemaking 

35. Support for the Rulemaking 

36. Travel 

37. Vetting 

B. Recommendations from Advisory 

Committees 

1. MERPAC strongly recommends that TSA 

remove mariners from the TWIC project. 

2. Given the size, complexity, and impact 

of these three rulemaking proposals; 

MERPAC recommends an extension of 

the comment period for at least another 

ninety days. 

3. MERPAC recommends that the Coast 

Guard delay implementation of the 

MMC, separating the implementation of 

the MMC from the TWIC 

implementation. 

4. MERPAC believes that this rulemaking 

exceeds the authority of the Coast Guard 

to create a consolidated credential. 

5. Page 29464 states that there are no 

changes to the qualifications, experience, 

examinations, classes and other 

requirements needed, and that this is just 

a reorganization of existing regulations. 

6. The Coast Guard needs to protect a 

mariner’s financial information by 

removing the requirement to place the 

applicants Social Security Number on 

the face of the form of payment. 

7. MERPAC suggests the removal of the 

language in section 10.211(e). 

8. Section 10.217 allows the Coast Guard 

to designate other Coast Guard locations 

to provide service to applicants for 

MMCs, and MERPAC applauds this 

addition. 

9. Section 10.225 states that mariners must 

surrender their old MMC, but 10.227 

states that the mariner can retain an 

expired document. 

10. MERPAC recommends that the Coast 

Guard create an MMC that is convenient 

for the mariner. 

11. MERPAC recommends that the Coast 

Guard begin a new rulemaking that 

would harmonize the criminal 

background checks with TSA standards. 

12. MERPAC recommends that Coast 

Guard remove the self-disclosure portion 

of the application process. 

13. MERPAC has concerns about the 

appeal process, and encourages the 

agencies to further define and explain 

this process. 

14. MERPAC recommends that Coast 

Guard redesign the rulemaking to assure 

that mariners can make application for 

their TWIC and their MMC 

simultaneously. 

15. MERPAC recommends that the Coast 

Guard and TSA develop an interim 

clearance process be provided to a 

mariner, and that mariners be allowed to 

train and work, while awaiting a final 

determination. 

C. Additional Changes Made in this 

SNPRM 

1. Purpose of rules in this part. (10.101) 

2. Definitions in Subchapter B. (10.107) 

3. General characteristics of the Merchant 

Mariner Credential. (10.201) 

4. Requirement to hold a TWIC and a 

Merchant Mariner Credential. (10.203) 

5. Validity of a Merchant Mariner 

Credential. (10.205) 

6. General application procedures. (10.209) 

7. Criminal record review. (10.211) 

8. Medical and physical requirements. 

(10.215) 


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9. MMC application and examination 

locations. (10.217) 

10. Fees. (10.219) 

11. Citizenship. (10.221) 

12. Modification or removal of limitations 

or scope (10.223) 

13. Requirements for originals. (10.225) 

14. Requirements for renewal. (10.227) 

15. Requirements for raises of grade or new 

endorsements. (10.231) 

16. Obligations of the holder of a Merchant 

Mariner Credential. (10.233) 

17. Suspension or revocation of Merchant 

Mariner Credentials. (10.235) 

18. Right of appeal. (10.237) 

19. Quick reference table for MMC 

requirements. (10.239) 

20. Application process 

21. Amendatory Instructions 

22. Eligibility for officer endorsements, 

general. (11.201) 

23. Identification Credentials for Persons 

Requiring Access to Waterfront Facilities 

or Vessels. (33 CFR part 125) 

24. Amendments from the TWIC Final 

Rule. (10.113, 12.01–11 and 15.415) 

25. Other Corrections Outside 46 CFR part 

10 

VI. Regulatory Evaluation 

A. Executive Order 12866 (Regulatory 

Planning and Review) 

B. Regulatory Flexibility Act 

C. Assistance for Small Entities 

D. Collection of Information 

E. Executive Order 13132 (Federalism) 

F. Unfunded Mandates Reform Act 

G. Executive Order 12630 (Taking of 

Private Property) 

H. Executive Order 12988 (Civil Justice 

Reform) 

I. Executive Order 13045 (Protection of 

Children) 

J. Executive Order 13175 (Indian Tribal 

Governments) 

K. Executive Order 13211 (Energy Effects) 

L. Technical Standards 

M. National Environmental Policy Act 

I. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http://dms.dot.gov 

and will include any personal 

information you have provided. We 

have an agreement with the Department 

of Transportation (DOT) to use the 

Docket Management Facility. Please see 

DOT’s ‘‘Privacy Act’’ paragraph below. 

Submitting comments: If you submit a 

comment, please include your name and 

address, identify the docket number for 

this rulemaking (USCG–2006–24371), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. You may submit your 

comments and material by electronic 

means, mail, fax, or delivery to the 

Docket Management Facility at the 

address under ADDRESSES; but please 

submit your comments and material 

only once. If you submit them by mail 

or delivery, submit them in an unbound 

format, no larger than 81⁄2 inches by 11 

inches, suitable for copying and 

electronic filing. If you submit them by 

mail and would like the Coast Guard to 

acknowledge receipt, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. We may change 

this proposed rule in view of them. 

Viewing comments and documents: 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://dms.dot.gov at any time, click on 

‘‘Simple Search,’’ enter the last five 

digits of the docket number for this 

rulemaking [24371], and click on 

‘‘Search.’’ You may also visit the Docket 

Management Facility in Room PL–401 

on the Plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Privacy Act: Anyone can search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review the Department of 

Transportation’s Privacy Act Statement 

published in the Federal Register on 

April 11, 2000 (65 FR 19477), or you 

may visit http://dms.dot.gov. 

II. Background and Purpose 

On May 22, 2006, the Coast Guard 

published a Notice of Proposed 

Rulemaking (NPRM) in the Federal 

Register titled ‘‘Consolidation of 

Merchant Mariner Qualification 

Credentials.’’ (71 FR 29462). The NPRM 

included a 45-day comment period, and 

announced four public meetings that 

were held in Newark, NJ, Tampa, FL, St. 

Louis, MO, and Long Beach, CA. 

During the comment period for the 

NPRM, the Coast Guard received over 

100 requests, both in writing in the 

docket for this rulemaking and in 

person at the public meetings, for 

additional time to comment. These 

requests came from individuals, large 

and small businesses, industry 

organizations, and members of 

Congress. Among other things, these 

comments stated that the 45 day 

comment period did not provide enough 

time to comment on the NPRM or on the 

accompanying Transportation Worker 

Identification Credential (TWIC) 

Implementation in the Maritime Sector; 

Hazardous Materials Endorsement for a 

Commercial Driver’s License rule 

(‘‘TWIC rule’’) NPRM published the 

same day (71 FR 29395). Concerns were 

raised that the 45 day public review 

period prevented a thorough analysis of 

the proposed rulemakings. 

After considering these requests, the 

Coast Guard chose not to extend the 

comment period on the NPRM, but 

instead to publish this Supplementary 

Notice of Proposed Rulemaking 

(SNPRM). This SNPRM should provide 

the public with more opportunity to 

participate in the rulemaking process 

than would have been provided by an 

extension of the comment period for the 

NPRM. This SNPRM addresses those 

substantive comments received during 

the NPRM comment period, proposes 

changes to the regulatory text as a result 

of those comments, solicits additional 

input on key points of interest, and most 

importantly, provides an additional 

opportunity for the public to comment 

on these proposed regulatory changes. 

Public comment is sought on all 

proposed regulatory changes, not just 

those that are newly introduced in this 

SNPRM. The changes that were 

proposed in the NPRM were discussed 

in that document and are not discussed 

again in the preamble to this SNPRM. 

The regulatory text at the end of this 

document reflects the combination of 

the changes proposed in the NPRM as 

well as those changes that were made to 

the NPRM as a result of public 

comments and additional Coast Guard 

review. The Coast Guard seeks public 

comment on the regulatory text 

provided in this SNPRM, not the text 

provided in the NPRM. The preamble of 

the NPRM should be referenced as an 

aid, however, because it discusses 

changes that may not have been altered 

between the NPRM and SNPRM, and it 

is a useful tool to locate where proposed 

text originated in our current 

regulations. Because of the large number 

of amendatory instructions and 

numerous changes made to the 

proposed regulations since the NPRM, 

to further aid the public’s review of this 

SNPRM, a redline version of the rule 

text, showing all changes to the text 

from the NPRM to the SNPRM, is 

available in the public docket for this 

rulemaking. 

III. Discussion of the Proposed 

Rulemaking 

This rulemaking was precipitated by 

the promulgation of the Maritime 

Transportation Security Act (MTSA), 

which included a requirement in 46 

U.S.C. 70105 that the Secretary of the 

Department of Homeland Security issue 

a biometric transportation security card 

to, among others, every ‘‘individual 

issued a license, certificate of registry, 


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or merchant mariners document under 

part E of subtitle II of this title’’. The 

Secretary designated the TWIC as this 

biometric security card, and tasked the 

Transportation Security Administration 

(TSA) to promulgate regulations 

implementing TWIC. Similarly, on 

October 13, 2006, the Security and 

Accountability for Every Port Act of 

2006 (SAFE Port Act) (Pub.L. 109–347) 

was enacted. Among other things, the 

SAFE Port Act mandates concurrent 

processing of a mariner’s TWIC and 

MMD by TSA and the Coast Guard. This 

mandate was not created for license 

applicants, however the Coast Guard 

has voluntarily extended concurrent 

processing to licenses as well, as 

discussed below. 

TSA, with support from the Coast 

Guard, published a joint final rule for 

the TWIC regulatory project elsewhere 

in today’s Federal Register. That final 

rule sets out the application 

requirements and implementation 

schedule for the TWIC. TSA will soon 

begin issuing the TWIC and will enroll 

port and vessel employees over a period 

of 18 months in over 125 TWIC 

enrollment centers. 

All credentialed merchant mariners 

are required by 46 U.S.C. 70105 and the 

TWIC rule to apply for and obtain a 

TWIC. To apply for a TWIC, a mariner 

must appear in person at a TWIC 

enrollment center to be fingerprinted, 

photographed and show proof of 

identification. The new TWIC 

application requirements are 

duplicative for mariners. Currently, all 

mariners applying for a merchant 

mariner’s document (MMD), merchant 

mariner’s license (license) and/or 

certificate of registry (COR) must appear 

in person at a Coast Guard Regional 

Examination Center (REC) to be 

fingerprinted by and show proof of 

identification to an REC employee. The 

appearance requirement in the TWIC 

rule is less burdensome on mariners, 

however, because there will be over 125 

TWIC enrollment centers vice the 17 

RECs. This rule proposes to remove the 

requirement that mariners appear at an 

REC. As proposed in this SNPRM, once 

a mariner appears in person to apply for 

their TWIC, they can complete their 

entire MMC application process by mail 

unless an examination is required. Also, 

since TSA will be verifying the identity 

of and conducting a security threat 

assessment for all TWIC applicants, this 

rulemaking also proposes to remove the 

Coast Guard security and identity 

vetting requirements for mariners. This 

proposed rulemaking would remove 

those application requirements made 

duplicative by the TWIC rule. 

The creation of the TWIC requirement 

increases the number of credentials that 

a mariner may be required to carry to 

five. To streamline the process and 

lessen the number of credentials that a 

mariner must carry, this rulemaking 

proposes to consolidate the license, 

MMD, COR and STCW endorsement 

into one credential, called the Merchant 

Mariner Credential (MMC). The MMC 

would be issued to every qualified 

mariner and would contain the 

mariner’s photograph and other identity 

information currently shown on the 

MMD as well as endorsements reflecting 

the individual’s particular job 

qualifications. The mariner’s job 

qualifications would appear in the form 

of endorsements on the MMC. 

Endorsements currently associated with 

a License or COR would be referred to 

as officer endorsements, those currently 

provided on the MMD would be referred 

to as rating endorsements, and those 

currently appearing on the STCW 

endorsement would continue to be 

referred to as STCW endorsements. A 

full list of the available endorsements is 

provided in proposed 46 CFR 10.109. If 

this rulemaking goes into effect, 

mariners would hold two separate, but 

linked credentials: a TWIC as the 

MTSA-required biometric security card, 

and the MMC as the consolidated 

qualification credential for merchant 

mariners. 

To consolidate the merchant mariner 

qualification documents into one, it is 

necessary to consolidate the Coast 

Guard’s application and procedural 

regulatory requirements for MMDs, 

licenses, CORs and STCW endorsements 

that are currently contained in 46 CFR 

parts 10 and 12. As proposed in this 

rulemaking, part 10 would contain only 

those application and procedural 

requirements necessary to obtain the 

MMC for all applicants. Those 

requirements for licenses, that are 

currently in part 10 but are not directly 

applicable to all credential applicants, 

have been moved to create a new part 

11. Part 12 would continue to hold only 

those requirements exclusive to ratings 

that do not directly apply to the 

procedures for application. 

In this proposed rulemaking, although 

there are a large number of terminology 

changes proposed throughout titles 33 

and 46 CFR, almost all of the proposed 

substantive changes were made in part 

10. The large number of changes outside 

part 10 contain mostly editorial 

changes, removing references to the 

terms ‘‘license’’, ‘‘MMD’’, ‘‘COR’’, 

‘‘certificate’’, ‘‘document’’, etc that 

would no longer be appropriate, and 

replacing them with the terms ‘‘MMC’’, 

‘‘credential’’, ‘‘endorsement’’, ‘‘officer 

endorsement’’, ‘‘rating endorsement’’, 

etc. as appropriate. 

Throughout this rulemaking, where 

possible, existing regulatory language 

was retained to minimize changes to the 

qualifications, experience, 

examinations, classes and other 

requirements needed to serve as a 

merchant mariner. At times, however, it 

was necessary to make substantive 

changes to the regulatory text in order 

to consolidate the application 

requirements for ratings and officers, or 

to simplify the application process. 

The regulatory changes proposed in 

this SNPRM are intended to serve as a 

benefit to merchant mariners. This 

rulemaking is intended to take 

advantage of the TWIC requirement, and 

use it to reduce the travel burden on 

mariners and consolidate the 

credentialing process. It is not only 

expected to reduce the financial burden 

on mariners by removing the 

requirement that they travel to one of 17 

Coast Guard RECs, but also improve 

clarity, reduce the processing time 

currently creating backlogs at the RECs, 

and reduce the number of fees paid to 

the Coast Guard by mariners. 

If the regulatory changes proposed in 

this SNPRM are made final, it is not 

expected that they would become 

effective until approximately August, 

2008. The delay in effectiveness 

coincides with the TWIC roll out 

schedule and is necessary to allow all 

mariners to obtain a TWIC before it is 

a prerequisite for the MMC. In addition, 

it allows for the construction and testing 

of the system that would transmit all 

applicants’ personal data from TSA to 

the Coast Guard. 

IV. Quick Summary of Differences 

Between This SNPRM and the Coast 

Guard’s Current Regulations 

This list is not intended to include 

every proposed change to the 

regulations, but provides a quick 

reference summary of some of the most 

important changes proposed. 

General 

• Creates the merchant mariner 

credential (MMC), which would contain 

the elements of the MMD, license, COR 

and STCW endorsement, reducing the 

total number of credentials a mariner 

could be required to hold to two: The 

MMC and the TWIC. 

• Phases in the MMC over a period of 

five years to begin approximately 

August 2008. 

• Transfers the security and identity 

vetting portion of the merchant mariner 

credentialing process entirely to TSA. 


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3608 Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Proposed Rules 

• Provides a complete list of officer, 

rating and STCW endorsements that a 

mariner could have on their MMC. 

• Reorganizes 46 CFR parts 10 and 

12, and adds a new part 11. 

• Combines the definitions for 

Subpart B in part 10, with the exception 

of those in part 16. 

• Makes non-substantive, linguistic 

changes throughout titles 33 and 46 of 

the CFR to reflect the new MMC, 

endorsements, and TWIC. 

Fees 

• Reduces the number of $45 

issuance fees a mariner would have to 

pay. 

• Includes a credit card as an 

acceptable method of payment. 

• Removes the requirement that a full 

social security number be written on the 

face of all checks and money orders. 

Application Process 

• Requires an applicant to apply for 

a TWIC before they can apply for an 

MMC, but the applications may be 

processed simultaneously. 

• Requires that an applicant must 

hold a TWIC before an MMC will be 

issued. 

• Provides that an applicant’s 

fingerprints, photograph, proof of 

citizenship and, if applicable, FBI 

number, criminal record, and/or proof 

of legal resident alien status will be 

received by the Coast Guard from TSA, 

not directly from the applicant. 

Travel 

• Removes the requirement for 

mariners to appear in person at a Coast 

Guard REC to be fingerprinted by, and 

show proof of identification to, an REC 

employee. 

• Allows mariners to apply for an 

MMC entirely by mail unless an 

examination is required. 

• Allows oaths to be taken by a notary 

and submitted by mail. 

• Creates the ability for the Coast 

Guard to designate other facilities, in 

addition to RECs, to provide MMC 

services to applicants. 

Citizenship 

• Revises the regulations to clearly 

state that cadets at the United States 

Merchant Marine Academy are allowed 

to receive MMCs regardless of 

citizenship or alien status. This is a 

statutory requirement and is currently 

done under our regulations, but is not 

expressly stated. 

Criminal Record Review 

• Removes the criminal record review 

requirement for duplicates. 

• Changes the Coast Guard criminal 

record review to remove crimes against 

national security. 

Medical and Physical Requirements 

• Resolves contradictory 

requirements for those who may 

currently perform exams for MMDs and 

licenses, and adds licensed nurse 

practitioners to the list of those who 

may perform, witness or review mariner 

tests, exams or demonstrations. 

• Restates the requirement that pilots 

and those serving as pilots submit their 

annual physical to the Coast Guard, 

previously implemented through a 

Federal Register Notice. 

• Restates the requirement that pilots 

and those serving as pilots submit their 

annual chemical test for dangerous 

drugs to the Coast Guard, previously 

implemented through a Federal Register 

notice. 

• Clarifies the requirements for 

demonstrations of physical ability. 

• Clarifies the STCW physical 

requirements for those mariners who 

would serve on vessels to which STCW 

applies. 

• Requires hearing tests when the 

medical practitioner conducting the 

general medical exam has concerns that 

an applicant’s ability to hear may 

impact maritime safety. 

• Adds specifics about the hearing 

tests to provide information for medical 

professionals and applicants. 

• Requires a demonstration of 

physical ability if the medical 

practitioner conducting the general 

medical exam is concerned that an 

applicant’s physical ability may impact 

maritime safety, or if the mariner must 

pass a demonstration of physical ability 

but not a general medical exam. 

• Specifies that if a state license 

issued to a medical doctor or 

professional nurse contains limitations, 

any staff officer endorsement issued will 

reflect the same limitation. 

Expiration Dates 

• Consolidates all expiration dates 

into one so that mariners do not have 

multiple qualification credentials or 

endorsements expiring on multiple 

days. (However, the TWIC and MMC 

expiration dates need not match.) 

Memorabilia 

• Requires mariners to return MMCs 

to the Coast Guard upon expiration, 

issuance of a duplicate and issuance of 

a renewal, but if the mariner submits a 

written request with their credential, the 

Coast Guard will return the cancelled 

MMC to the mariner. 

Duplicates 

• Requires proof that a mariner holds 

a valid TWIC before a duplicate MMC 

will be issued. 

• Provides that during the five year 

phase in of the MMC, if a mariner 

requests a duplicate of their MMD, COR, 

STCW endorsement or license, the 

duplicate will be issued in the form of 

an MMC. 

Renewal 

• Removes the 1 year limitation on 

renewals. 

• Introduces the Document of 

Continuity to replace the continuity 

endorsement placed on a license or 

MMD. The Document of Continuity 

would have no expiration date or fee 

unlike the current continuity 

endorsement. 

Suspension, Revocation, and Appeal 

• Includes failure to hold a TWIC as 

a basis for suspension and revocation of 

a mariner’s MMC, MMD, license, COR 

and/or STCW endorsement. 

• States that a mariner who has either 

been denied issuance of a TWIC or 

whose TWIC has been revoked by TSA 

will be deemed by the Coast Guard to 

be a security risk. 

• Advises that the Coast Guard will 

not review TSA decisions to deny or 

revoke a TWIC. 

V. Discussion of Comments and 

Changes 

As discussed above, the Coast Guard 

conducted four public meetings for this 

rulemaking. We also received over 200 

documents in the written docket. The 

Towing Safety Advisory Committee 

(TSAC) and the Merchant Marine 

Personnel Advisory Committee 

(MERPAC) were also asked to provide 

recommendations to the Coast Guard on 

the NPRM (USCG–2006–24371). This 

section addresses those comments and 

recommendations received. 

A. Comments From the Docket or Public 

Meetings 

The following comments were either 

submitted in writing to the docket for 

the MMC NPRM or orally at one of the 

four public meetings. All written 

comments received and transcripts from 

the public meetings are available for 

inspection in the public docket for this 

rulemaking. 

1. Comments Regarding TWIC 

We received numerous comments to 

the docket regarding the TWIC. Because 

this rulemaking project has its own 

docket number (USCG–2006–24371) 

and the TWIC rulemaking project has 

two dockets, one for the Coast Guard 


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portion (USCG–2006–24196) and one 

for the TSA portion (TSA–2006–24191), 

there were three dockets in which the 

public could comment. Most 

commenters submitted their comments 

to both rulemaking projects in one 

document, submitted to all three 

dockets. Comments regarding the TWIC 

rulemaking are inappropriate for 

discussion in this rulemaking. They are 

not addressed in this SNPRM, but are 

addressed in the TWIC final rule. 

2. General Objection to the Rulemaking 

We received six comments generally 

objecting to the NPRM that did not 

provide enough specificity for 

individual response. We do not agree 

with these comments, and are 

proceeding with this SNPRM. 

3. Course of the Rulemaking 

We received one comment 

recommending that the Coast Guard 

proceed with an Interim Rule rather 

than a Final Rule, two comments 

recommending that we go forward with 

a SNPRM and four comments requesting 

that the Coast Guard withdraw the 

rulemaking and propose an alternative. 

We agree with the two comments that 

sought an SNPRM, and as previously 

discussed, this SNPRM provides a 90 

day comment period to allow for public 

comment on our revised proposed rule. 

An Interim Rule would be inappropriate 

at this time as Interim Rules would not 

allow us to take into account the 

comments received by the public before 

becoming effective and they typically 

become effective upon publication, or 

soon thereafter. This SNPRM proposes 

that these regulatory changes not go into 

effect until approximately August 2008. 

This delay will allow the Coast Guard 

to accept and apply additional public 

comments before the proposed 

regulations go into effect as well as 

provide all mariners ample time to 

obtain TWICs before making the TWIC 

mandatory for issuance of the MMC. As 

for withdrawing the rulemaking, the 

Coast Guard believes that this 

rulemaking is beneficial and is opposed 

to withdrawal. 

4. Appeals 

We received seven comments either 

requesting a clarification of the appeal 

process for TWICs and MMCs, or 

requesting that an appeal process be 

created. We also received 12 comments 

asking that an Administrative Law Judge 

review the appeals on rejection of the 

TWIC, and/or expressing displeasure 

over the automatic loss of the MMC if 

a mariner’s TWIC is revoked. 

An individual who is denied a TWIC 

should not be working as a credentialed 

merchant mariner. According to the 

language of 46 U.S.C. 70105, a TWIC 

will be issued to an individual unless 

that individual poses a security risk. 46 

U.S.C. 7703 and 7702, which provide 

for the suspension or revocation of 

mariner credentials, state that a 

mariner’s credential may be suspended 

or revoked if the holder is a security risk 

who poses a threat to the safety or 

security of a vessel or to a public or 

commercial structure located within or 

adjacent to the marine environment. 

Allowing the Coast Guard to suspend or 

revoke a mariner’s MMC or other 

credential for failure to hold a valid 

TWIC, is therefore, necessary and 

appropriate. The Coast Guard has 

determined, however, that automatically 

invalidating a mariner’s credential upon 

notification from TSA that a mariner’s 

TWIC has been revoked, or that their 

application has been denied, without a 

hearing, is improper. The language of 46 

CFR 10.203(b) has been changed to 

remove the automatic invalidation. 

If an MMC is issued, unless the 

situation calls for temporary suspension 

under 46 U.S.C. 7702, or the 

circumstances call for suspension and 

revocation for a reason other than 

security, the Coast Guard would not 

begin suspension and revocation 

proceedings until we were notified that 

the applicant had fully exhausted his or 

her TSA appeal rights. If the Coast 

Guard is notified by TSA that final 

agency action has occurred and a 

mariner has either been denied a TWIC 

or their TWIC has been revoked, the 

Coast Guard would begin suspension 

and revocation action against the 

individual’s MMC. The suspension and 

revocation procedures for the MMC 

would remain the same as those 

presently used. The Coast Guard will 

not review a TSA decision regarding the 

issuance or revocation of a TWIC. 

Decisions regarding the issuance and 

revocation of TWICs are solely the 

responsibility of TSA. The Coast Guard 

does not have the authority to review, 

in any way, TSA decisions with respect 

to the issuance or revocation of TWICs. 

Language to this effect has been added 

to the proposed regulations in this 

SNPRM at 46 CFR 10.235(g) and 

10.237(c). 

The appeal processes for the MMC 

would remain the same as those 

presently used; the right of appeal for an 

applicant receiving an unfavorable 

decision during the application process 

remains in 46 CFR 1.03. The right of 

appeal associated with suspension and 

revocation remains as stated in 46 CFR 

5.701. The proposed regulations have 

retained the paper appeal process for 

the Coast Guard’s refusal to issue an 

MMC. Similarly, if a mariner is issued 

a license or document, he or she would 

be a ‘‘holder’’ of that license or 

document, and would be given a 

hearing before an Administrative Law 

Judge (ALJ) before adverse action, such 

as suspension and revocation, would be 

taken against that credential. 

All appeals regarding the issuance or 

revocation of TWICs would be handled 

by TSA under the TWIC appeal process. 

That process involves a paper appeal for 

all denials, and the use of an ALJ for 

appeals of waiver decisions. For more 

information on the TWIC appeal 

process, please see the TWIC Final Rule 

published elsewhere in today’s Federal 

Register. 

5. Applicability 

We received six comments opposing 

the proposed regulatory requirement 

that all merchant mariners hold a TWIC. 

Exemptions were requested for cadets, 

entry level ratings, officers serving 

aboard vessels that do not need a vessel 

security plan, and captains of 

Subchapter T (46 CFR parts 175 to 185) 

or smaller vessels. 

The requirement for all credentialed 

mariners to hold a TWIC is contained in 

46 U.S.C. 70105 and implemented in the 

TWIC final rule published elsewhere in 

today’s Federal Register. By the terms of 

that statute, all mariners issued a 

credential under part E of subtitle II of 

Title 46 U.S.C. (currently the MMD, 

license and COR, and if this proposed 

rule becomes effective, the MMC), as 

well as all individuals seeking 

unescorted access to secure areas of 33 

CFR Subchapter H vessels or facilities 

must obtain a TWIC. This is a statutory 

requirement imposed by Congress that 

the Coast Guard cannot alter through 

regulation. In addition to the statutory 

mandate, exempting classes of 

credentialed mariners from the TWIC 

requirement would be problematic 

because it would exempt those 

individuals from the identity and 

security review which would no longer 

be performed by the Coast Guard. No 

changes have been made in this SNPRM 

to exempt certain classes of mariners 

from the TWIC or MMC requirements. 

One comment requested clarification 

on how the proposed 46 CFR 10.211 

would affect requirements in section 

312 of the Coast Guard and Maritime 

Transportation Act of 2006 that allow 

foreign riding gangs for 60 days at a 

time. 

Section 10.211 discusses the criminal 

record review process for the MMC. If 

the foreign riding gangs are currently 

required to obtain a U.S. MMD, license, 

COR or STCW endorsement, they would 

be required to obtain an MMC. This 


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includes passing all requirements for 

the MMC, including the criminal record 

review, citizenship and TWIC 

requirements. This proposed regulation 

would not change the population of 

people who must obtain a mariner 

credential. 

One comment requested clarification 

on how 46 CFR 10.211 would affect 

foreign security teams who are not 

mariners, but provide security services 

on U.S.-flagged vessels and need 

unescorted access on the vessel. 

Generally, individuals who are not 

merchant mariners and are not currently 

required to hold a MMD, license, COR 

or STCW endorsement would not be 

required to get an MMC. The MMC 

merely changes the form in which the 

MMD, license, COR and STCW 

endorsements appear by consolidating 

them into one document. Anyone who 

currently has to hold one or more of 

those credentials would be required to 

hold an MMC. Individuals who are not 

required to get an MMC will not be 

required to undergo the criminal record 

review set out in section 10.211. More 

specifically, individuals who are 

engaged, employed, or serve on board a 

vessel of at least 100 gross tons, as 

measured under 46 U.S.C. 14502, or an 

alternate tonnage measured under 

section 14302 (except as set out in 46 

U.S.C. 8701(a)) are currently required to 

obtain an MMD. In general this is 

interpreted by the Coast Guard to mean 

that any individual engaged or 

employed in the business of the ship, or 

a person whose efforts contribute to 

accomplishing the ships’ business 

whether or not the person is involved 

with the operation of the vessel, must 

obtain an MMD, and therefore would be 

required to obtain an MMC. For 

additional information on the 

requirements for seamen on U.S. 

documented vessels and foreign vessels 

within U.S. jurisdiction, see 

Commandant Instruction M16000.8B, 

Marine Safety Manual Volume III, 

chapter 20, section E. 

6. Application Process 

We received one comment regarding 

the complexity of the application 

process and requesting that it be 

streamlined. We received eight 

comments that this rulemaking will hurt 

the ability of industry to recruit and 

retain qualified mariners. 

The Coast Guard believes that the 

consolidation of the 46 U.S.C., subtitle 

II, part E credentials and the removal of 

the requirement that mariners travel to 

one of the 17 REC locations will serve 

as a benefit to mariners, and therefore, 

aid the industry’s ability to recruit and 

retain employees. This rulemaking seeks 

to streamline the application process by 

removing the appearance requirement; 

through the consolidation and 

clarification of existing requirements; by 

reducing the number of issuance fees 

that must be paid to the Coast Guard; 

and through the sharing of information 

between TSA and the Coast Guard. 

This proposed rulemaking should 

remove duplication of effort by the 

government and applicants resulting in 

a cost savings. The requirement that all 

merchant mariners obtain a TWIC, and 

the cost and burden associated with that 

requirement, is contained in the TWIC 

final rule which is published elsewhere 

in today’s Federal Register and will go 

into effect even before the comment 

period on this SNPRM will close. If you 

believe that the regulatory changes in 

this proposed rulemaking, not the TWIC 

rulemaking, will add a burden, or will 

limit your ability to recruit and retain 

qualified mariners, please submit a 

comment to the docket explaining your 

concerns in detail. 

Two comments requested a web-based 

application process and tracking. 

This is something that the Coast 

Guard is contemplating. Although such 

a process is not in place at this time, 46 

CFR 10.209(d) as currently proposed 

would support such an option, as it 

states that the written portion of the 

application may be submitted by mail, 

fax, ‘‘or other electronic means.’’

One comment sought a single 

application process for the TWIC and 

MMC and another comment sought a 

more streamlined process stating ‘‘there 

is nearly a 50 percent failure rate in 

applying for the MMD due to multiple 

forms and information’’. Finally, there 

were four comments received that were 

concerned that the consolidation would 

result in an increase in paperwork. 

We acknowledge that the new 

requirement to apply for a TWIC will 

result in an increase in the overall 

number of applications that must be 

submitted by mariners because they will 

need to submit an application for the 

TWIC and a separate application for the 

MMC. We are making every feasible 

attempt to reduce the burden on 

applicants from the requirement added 

by the TWIC rule. Because TSA will 

share the fingerprint, photograph, proof 

of citizenship and, if applicable, FBI 

number, criminal record and/or proof of 

legal resident alien status with the Coast 

Guard, we propose to remove the 

requirement that all merchant mariners 

travel to one of 17 RECs. Instead, the 

proposed regulation would allow 

mariners to apply for the MMC by mail 

after applying for a TWIC and visiting 

one of the approximately 125 TWIC 

enrollment centers located throughout 

the country. The restructuring of the 

merchant mariner credentialing process 

is an ongoing and incremental process. 

This proposed consolidation of 

credentials and the associated TWIC 

rulemaking are only a small piece in the 

envisioned effort. The restructuring of 

the National Maritime Center (NMC), 

the publishing of additional Navigation 

and Vessel Inspection Circulars (NVICs), 

guidance documents, and future 

rulemaking projects are all intended to 

improve and streamline the merchant 

mariner credentialing process, reduce 

the review periods, and lower the 

application failure rate. 

It is not feasible at this time for TWIC 

enrollment centers to receive and 

analyze the safety and suitability 

information necessary to determine 

whether a mariner should be issued an 

MMC. The Coast Guard is cooperating 

with TSA to shift the responsibility for 

reviewing the identification and 

security threat portion of the application 

for MMCs from the Coast Guard to TSA. 

However, because more than identity 

and security related issues are involved 

with merchant mariner credentialing, 

the Coast Guard will remain in control 

of those portions of the evaluation that 

address whether an individual is a safe 

and suitable person who should be 

authorized to serve in the merchant 

marine. Maintenance of the merchant 

marine is an area in which the Coast 

Guard has a long-standing history of 

regulation, and is one which we are 

inherently more qualified to manage. On 

the other hand, the security of our 

nation’s transportation industry is the 

statutory responsibility of TSA, and 

should not be taken over by the Coast 

Guard. The creation of an identification 

credential which could span all sectors 

of the transportation industry is outside 

the scope of Coast Guard responsibility 

and expertise. The TWIC is best left in 

the hands of TSA with Coast Guard 

assistance with respect to vessels, ports, 

and merchant mariners. Due to the 

vastly different purpose and need 

associated with the TWIC and the MMC, 

the Coast Guard and TSA have opted 

not to consolidate their application 

processes and reviews into one. 

One comment was received that 

sought walk-in service at the RECs, not 

only a mail submission process. 

Mariners will have the option of 

submitting their MMC application 

entirely by mail, and would not be 

required to visit one of the 17 RECs 

unless an examination is required for 

the endorsement they seek. Some 

endorsements require written 

examination as currently provided in 46 

CFR 10.901 (proposed § 11.901, in this 

SNPRM). The RECs, however, will 


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remain open and accessible to mariners 

for purposes other than the 

examinations. Mariners will still be able 

to walk into an REC to submit their 

applications in person, ask questions, 

and seek in-person guidance. 

We received one comment that 

mariners will be required to hold both 

an MMD and a TWIC until the phasein period is complete. 

While this is true, it is temporary and 

necessary in order to facilitate a smooth 

transition while reducing the burden on 

mariners as much as possible. The Coast 

Guard is honoring the five year validity 

period of a mariner’s current MMD, 

license, COR or STCW endorsement to 

meet our statutory obligations under 46 

U.S.C. 7107 and 7302, as well as prevent 

mariners from undergoing an 

unnecessary early renewal. The MMC 

will be phased in over a five-year 

period, because it will be issued as 

mariners’ current credentials expire. 

During the five-year phase-in period 

of the MMC, when a mariner’s MMD 

expires, he or she will apply for an 

MMC, not another MMD. The Coast 

Guard envisions that we will begin 

issuing MMCs exclusively once the 

TWIC becomes mandatory for all 

mariners. According to the TWIC 

implementation schedule, the TWIC 

will be phased in over an 18 month 

period, during which time individuals 

will be enrolled in the TWIC program at 

locations across the country. Although 

other vessel/facility workers are 

required to apply for a TWIC during 

their particular vessel/facility’s 

scheduled enrollment period, merchant 

mariners are allowed to visit any of the 

TWIC enrollment centers at any time 

during the 18 month initial enrollment 

period. It is important to note, however, 

that vessels or facilities may begin to 

use the TWIC for access control once 

enrollment has been completed in their 

geographic location. Because mariners 

are inherently mobile, they may need to 

visit one of the vessels or facilities that 

have begun requiring the TWIC for 

access control before the end of the 18 

month period. An interim measure has 

been created in the TWIC rule that will 

give mariners access to secure areas of 

33 CFR Subchapter H regulated vessels 

and facilities with their MMD, or their 

license or COR and a valid photo ID 

until full TWIC enrollment has been 

completed. 

The Coast Guard does not envision 

that this rule will become effective until 

TWICs are mandatory for all 

credentialed mariners. Because the 

Coast Guard will continue to issue 

MMDs, licenses, CORs and STCW 

endorsements under our current 

regulations until this rule becomes 

effective, for up to five years after the 

TWIC becomes mandatory individuals 

holding MMDs will also hold a TWIC 

until their MMD expires. The TWIC is 

an identity credential that Congress 

made mandatory for all merchant 

mariners as well as those seeking 

unescorted access to secure areas of 33 

CFR Subchapter H regulated vessels and 

facilities. It does not contain the rating 

endorsements that appear on the MMD. 

Conversely, the MMD does not contain 

the electronic biometric information 

found on the TWIC, and does not satisfy 

the goal of having one unique credential 

for unescorted access. Until an MMC is 

issued containing the mariner’s rating 

information, mariners will have to hold 

both a TWIC and an MMD. 

In this SNPRM the Coast Guard is 

proposing to begin issuing MMCs in 

approximately August 2008. This 20 

month delay coincides with the 

completion of the TWIC initial 

enrollment period. It is possible that the 

Coast Guard could begin issuing 

mariner credentials in the form of 

MMCs within the TWIC enrollment 

period if the credentialing material and 

production machinery is available 

before that time. In addition, it is 

possible that the Coast Guard and TSA 

could begin sharing application 

information before August 2008 if the 

technology infrastructure has been 

established and fully tested before that 

date. 

7. Authority 

We received 20 comments alleging 

that the Coast Guard lacks the legal 

authority to consolidate the MMD, COR 

and license into the MMC. More 

specifically, 13 of these 20 comments 

focused on the authority to change 

licenses to officer endorsements. We 

received one additional comment that 

claimed the Coast Guard is ‘‘attempting 

a regulatory short cut’’ through this 

regulation rather than through a 

legislative change proposal. 

The proposed change will not affect 

the legal standing of merchant marine 

officers. Section 10.201 in the proposed 

rulemaking describes the characteristics 

and purpose of the MMC, explaining 

that it combines the elements of the 

MMD, COR, license and any other 

required endorsements (such as STCW) 

into a single document. This is a valid 

exercise of the Coast Guard’s broad 

authority under 46 U.S.C. Part E. With 

respect to licenses, 46 U.S.C. 7101 

provides the Coast Guard authority to 

issue licenses to various classes of 

qualified applicants. The Code is not 

specific regarding the required form of 

the mariner’s credentials, including the 

license, allowing the Coast Guard to 

exercise discretion through the 

rulemaking process. 

‘‘Merchant Mariner Credential’’ is 

merely the term used to describe the 

document issued by the Coast Guard 

that incorporates the mariner’s license 

with the MMD and other endorsements 

into one; with endorsements listed on it 

depending on the mariner’s 

qualifications. The term ‘‘Officer 

Endorsement’’ is merely the term used 

to describe the qualifications of the 

mariner which are defined as licenses in 

the current regulations. The mariner’s 

actual capacity to serve in the merchant 

marine as specified by the endorsements 

on his or her MMC is unchanged by this 

proposed rulemaking. 

8. Burden 

We received 17 comments that 

generally objected to the additional cost 

associated with this rulemaking, three 

comments that objected to the 

regulatory burden on mariners and one 

comment that complained of 

duplicative fees and costs to mariners. 

We received six comments that these 

proposed rules will seriously burden the 

operation of U.S.-flagged vessels and 

mariners without providing a genuine 

increase in security. We received three 

comments that the TWIC and MMC 

program costs would affect U.S. 

commerce negatively. 

The Coast Guard disagrees with these 

comments. This proposed rule should 

neither create an additional cost or 

burden on mariners or U.S.-flagged 

vessels, nor should it negatively affect 

U.S. commerce. This rulemaking is 

intended to reduce the burdens on 

mariners and streamline the 

credentialing process. It should have 

little or no effect on the operation of 

U.S.-flagged vessels or U.S. commerce 

as these vessels are already required to 

hire only properly qualified and 

credentialed merchant mariners. If a 

mariner must currently hold a MMD, 

license, COR or STCW endorsement, he 

or she will be required to get an MMC 

in lieu of the MMD, license, COR or 

STCW endorsement. It does not add to, 

or subtract from, the population of 

mariners who would need to apply for 

credentials. It should not have a 

negative impact on employers, and if 

anything, it should be seen as a benefit 

because mariners would no longer need 

to take time away from work to travel 

to an REC to apply for their credential. 

In addition, the determination of 

security risk associated with the TWIC 

is no more stringent than that analysis 

currently employed for any of those four 

current credentials. Mariners should 

actually see at least two tangible 

benefits from this rule: (1) A reduction 


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in issuance fees for those holding 

multiple mariner credentials; and (2) the 

reduction of the cost and burden 

associated with the requirement to 

travel to an REC. 

It is important to note that although 

this rule relies upon the TWIC rule to 

function properly, it is separate and 

distinct from the TWIC rule and that 

rule’s statutory mandate requiring the 

issuance of a biometric transportation 

security card. Costs associated with the 

TWIC are discussed in that rulemaking 

and should not be attributed to this 

rulemaking. 

Under the current regulations, 

applicants pay a $45 issuance fee for 

each credential that they apply for. 

Under the proposed rulemaking 

applicants would only apply for a single 

MMC and as a result would only be 

required to pay one $45 issuance fee 

regardless of the number of 

endorsements that they carry. Any 

mariner who would, under the current 

rules, require multiple mariner 

qualification documents, would benefit 

from this change in the fee structure. In 

addition, approximately 14,000 

mariners have more than one credential 

without aligned expiration dates. The 

differences in these expiration dates 

would require multiple trips to an REC. 

The issuance of the MMC would be of 

particular benefit to those mariners as it 

would require them to track and update 

only one document. In addition, there 

would be no user fee charged, at all, for 

the issuance of a Document of 

Continuity, which is the proposed 

replacement for the license or MMD 

with a continuity endorsement. The 

Document of Continuity is discussed 

below in the comments received about 

continuity. 

This rulemaking also proposes to 

remove the requirement that all 

mariners travel to an REC to be 

fingerprinted by, and show proof of 

identification to, an REC employee. 

Instead, since the proposed TWIC rule 

would require these same individuals to 

visit one of the many TWIC enrollment 

centers to supply this information, the 

Coast Guard and TSA have agreed to 

electronically share the information 

necessary to complete the Coast Guard’s 

safety and suitability analysis. The 

TWIC rule anticipates that there will be 

more than 125 initial TWIC enrollment 

centers established nation-wide for 

enrollment. Although the final number 

of TWIC enrollment centers that will 

remain open after initial enrollment is 

not known at this time, it is almost 

certain that there will be significantly 

more than the 17 Coast Guard RECs. By 

allowing mariners to visit TWIC 

enrollment centers instead of RECs, this 

proposed rule would provide a potential 

benefit to mariners by reducing their 

time and travel costs currently required 

to receive a credential. 

The Coast Guard asserts that the 

overall cost for mariners associated with 

this rulemaking would actually decrease 

or remain the same and would serve to 

provide more flexibility to mariners 

since there would be more TWIC 

enrollment centers than RECs. 

We received one comment alleging 

that the rule is an unfunded mandate 

that does not provide for appropriate 

partnership between government and 

industry. 

The Coast Guard disagrees, and does 

not believe that this proposed 

rulemaking will result in an unfunded 

mandate. The Unfunded Mandates 

Reform Act of 1995 (2 U.S.C. 1531–

1538) addresses actions that may result 

in the expenditure by a State, local, or 

tribal government, in the aggregate, or 

by the private sector of $100,000,000 or 

more in any one year. As discussed 

above, this rulemaking is actually 

expected to reduce costs associated with 

the credentialing of merchant mariners. 

In addition, it should not affect any cost 

expenditure upon a State, local or tribal 

government or private sector entity, and 

if it does create an increase in cost to 

any of those entities it should be well 

below $100,000,000 in any one year. 

We received one comment that sought 

a particular economic review of the 

financial impact of the rule on tall ship 

operators, and one that sought an 

economic review of the financial impact 

of the rule on training vessels. 

The economic impact of this proposed 

rulemaking is addressed in detail in the 

Regulatory Evaluation section below. 

Further economic review will take place 

between this SNPRM and any further 

rulemaking. If you believe that the 

consolidation of merchant mariner 

credentials (not the requirement that 

merchant mariners must obtain a TWIC) 

will negatively affect your business, 

please submit a detailed comment to 

this SNPRM. If such information is 

confidential commercial information, 

please mark the comment accordingly 

and submit it to Mr. Luke Harden at the 

address listed above in FOR FURTHER

INFORMATION CONTACT. 

9. Citizenship 

One comment noted that the 

citizenship exemption for Operator of 

Uninspected Passenger Vessels (OUPV) 

was removed from the regulatory text 

although the preamble table stated that 

it was retained. 

This error has been corrected. In 

accordance with 46 U.S.C. 7102, 

licenses and CORs for individuals on 

documented vessels may be issued only 

to citizens of the United States. The 

Coast Guard has historically interpreted 

the statute to allow an exemption for 

alien OUPVs who do not work on 

documented vessels. Removal of this 

exemption from the regulatory text was 

unintentional. Corrections have been 

made to 46 CFR 10.221, table 10.239 

and 11.467 accordingly. These 

individuals will still be required to meet 

the citizenship requirements for the 

TWIC set out in that rule in the new 49 

CFR 1572.17. Although the Coast Guard 

does not believe that requiring a TWIC 

for OUPVs on undocumented vessels 

will cause many individuals to lose 

their mariner credentials, we are unable 

to create an exception from the TWIC 

requirement. It is clear in 46 U.S.C. 

70105 that all credentialed merchant 

mariners must hold a TWIC. If an 

individual holds a license or an MMC 

with an officer endorsement as OUPV, 

they must have a TWIC. Since this 

proposed regulation is not expected to 

become effective until approximately 

August 2008, foreign mariners should 

have time to meet the requirements to 

obtain a TWIC, if possible. 

On October 17, 2006, Congress passed 

the John Warner National Defense 

Authorization Act for Fiscal Year 2007 

(Pub. L. 109–364). In that Act, Congress 

amended 46 U.S.C. 8103 to permit an 

alien allowed to be employed in the 

U.S. under the Immigration and 

Nationality Act who meets additional 

requirements for service as a steward 

aboard large passenger vessels to obtain 

an MMD. Although language has not 

been proposed in this rulemaking to 

address this new statutory authority, the 

Coast Guard is aware of it and is 

initiating a separate rulemaking to 

address these new requirements. 

We received four comments inquiring 

about the citizenship requirements for 

the crews of Offshore Supply Vessels 

(OSVs) and Mobile Offshore Drilling 

Units (MODUs) in foreign waters. 

This question appears to seek 

clarification as to the language of 46 

CFR 15.720(a) and (b), which provide 

for the waiver of the citizenship 

requirements in 46 U.S.C. 8103(a) and 

(b). The substance of 15.720(a) and (b) 

has not been removed in this proposed 

regulation. In the SNPRM, citizenship 

requirements continue to be waived for 

OSVs operating in a foreign port and 

MODUs operating beyond the water 

above the U.S. Outer Continental Shelf 

as they are in the Coast Guard’s current 

regulations. 

One comment expressed displeasure 

that lawful non-immigrants with work 

authorizations would be precluded from 

obtaining a credential even though they 


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may be lawfully employed on certain 

U.S.-flagged vessels and may require an 

endorsement in the performance of their 

duties. Four comments objected to 

limiting the issuance of MMCs to aliens 

admitted for permanent residence. 

No changes to the regulations have 

been made as a result of these 

comments. The citizenship and alien 

status requirements are set by statute 

and cannot be changed by the Coast 

Guard through regulation. Statutory 

requirements in 46 U.S.C. 7102 mandate 

that licenses may only be issued to U.S. 

citizens. The Coast Guard has carved 

out of that language an exception for 

OUPVs serving on undocumented 

vessels, but the statutory language 

provides no additional room for 

exception. With respect to MMDs, 46 

U.S.C. 8103 restricts the issuance of 

MMCs to aliens who present acceptable 

documentary evidence that they are 

lawfully admitted to the U.S. for 

permanent residence and cadets 

enrolled at the U.S. Merchant Marine 

Academy. The proposed 10.221 would 

not change the current requirements 

except that it now clearly states that 

credentials may be issued to cadets 

enrolled at the U.S. Merchant Marine 

Academy. This would not be a change 

from our statutory requirement or 

current practice. 

Four comments requested a 

clarification of the immigration status 

requirements for the TWIC and their 

relationship to the MMC. 

A full discussion of the immigration 

status requirements for the TWIC is 

beyond the scope of this rulemaking. 

That said, all merchant mariners 

holding a MMD, license, COR or STCW 

endorsement are required to obtain a 

TWIC. Therefore all credentialed 

merchant mariners must be U.S. citizens 

or would be required to meet the 

immigration requirements for the TWIC 

which are contained in the proposed 

TWIC rulemaking at 49 CFR 1572.105. 

Mariners who are not U.S. citizens and 

cannot meet those citizenship 

requirements, will not be issued a 

TWIC, and will be unable to obtain an 

MMC. With the exception of some alien 

holders of OUPV licenses, however, all 

mariners who are currently able to meet 

the citizenship or immigration 

requirements for the MMD or license 

will be able to meet the citizenship or 

immigration requirements for the TWIC. 

10. Concurrent Processing of 

Applications 

We received 32 comments about the 

current processing time for Coast Guard 

merchant mariner credentials. We 

received two comments that this 

rulemaking would increase the backlog 

of applications, and eight comments 

that the TWIC and MMC will slow the 

documentation process. Four comments 

were unclear as to whether the TWIC 

was required before the MMC. One 

comment suggested that the Coast Guard 

issue the MMC without the requirement 

for having a TWIC. Finally, we received 

60 comments requesting concurrent 

processing of applications. 

The Coast Guard acknowledges that 

mariners are dissatisfied with the 

current processing time for merchant 

mariner applications. This proposed 

rulemaking is one of the many ongoing 

projects that the Coast Guard is 

undertaking in an effort to streamline 

the process and reduce backlog. This 

proposed consolidation of credentials 

and the associated TWIC rulemaking are 

only a piece of this effort. The 

restructuring of the NMC, the creation of 

additional NVICs, guidance documents, 

as well as current and future rulemaking 

projects are all intended to reduce the 

evaluation period. 

In addition to the Coast Guard’s 

voluntary effort at restructuring the 

mariner credentialing process and 

attempting to reduce processing time, 

the recently passed SAFE Port Act 

mandates concurrent processing of a 

mariner’s TWIC and MMD by TSA and 

the Coast Guard. The Coast Guard agrees 

that processing the MMC only after the 

TWIC has been issued could potentially 

increase this backlog and be overly 

burdensome to the mariner. As a result, 

changes have been made to 46 CFR 

10.225(b)(2) to allow new applicants to 

apply for their MMC if they either hold 

a valid TWIC or can prove that they 

have applied for one in the past 30 days. 

The MMC application could be 

processed simultaneously with the 

individual’s TWIC application. 

However, because of the Coast Guard’s 

need to obtain biometric and biographic 

information submitted by the applicant 

at a TWIC enrollment center, the TWIC 

application must be submitted before 

the MMC application. In addition, 

because of the need to ensure that the 

applicant’s identity has been verified 

and that he or she has been determined 

not to pose a security risk, the Coast 

Guard proposes to retain the 

requirement that the TWIC be issued to 

the applicant before an MMC would be 

issued. Because applicants for renewals, 

duplicates, or modifications should 

already hold a valid TWIC, concurrent 

processing should not be an issue for 

those applicants. 

11. Continuity Licenses 

One commenter was concerned about 

the loss of the continuity license. 

Another comment stated that the 

proposed certificate of continuity would 

be insufficient to meet the ‘‘significant 

amount of pride in the maritime 

industry evidenced by holding a 

license’’, and recommended that we 

issue the MMC with continuity 

endorsement but exempt it from the 

TWIC requirement. 

Although the actual continuity license 

has been removed from the regulations 

in this proposed rulemaking, the 

concept of the continuity license was 

retained. The concept existed in the 

NPRM at 46 CFR 10.227(i), and 

continues to exist in this SNPRM at 46 

CFR 10.227(e), but has been revised 

substantially from the language 

proposed in the NPRM. 

As proposed in this SNPRM, the 

Document of Continuity would take the 

place of the inactive ‘‘continuity’’

license or MMD renewal. The Coast 

Guard recognizes that one of the main 

purposes for the continuity document is 

to allow those mariners temporarily 

working ashore to apply as a renewal 

rather than as an original should they 

decide to return to active status after a 

period of inactivity. The language of the 

MTSA at 46 U.S.C. 70105, however, 

requires all holders of merchant mariner 

credentials issued under title 46 U.S.C. 

subtitle II, part E (the MMD, license, 

COR, and MMC) to hold a TWIC. The 

continuity license is a license, and is 

issued under 46 U.S.C. subtitle II, part 

E, therefore all mariners holding a 

continuity license must get a TWIC. The 

Coast Guard does not have the authority 

to limit this statutory requirement to 

certain classes of mariners. We thought 

it over-burdensome and unnecessary to 

require individuals who are not serving 

as merchant mariners to undergo the 

expense and burden of obtaining a 

TWIC, and thought that the addition of 

a TWIC requirement could reduce the 

number of mariners that would be 

available for service in a time of 

national need. 

To avoid imposing the TWIC 

requirement on inactive mariners, we 

created the concept of a Document of 

Continuity. The Document of Continuity 

would not be an MMC, MMD, license or 

COR, and would not authorize a mariner 

to serve. It would not be issued under 

46 U.S.C. subtitle II, part E. It is 

technically a receipt, issued by the 

OCMI, acknowledging that the mariner 

once held a valid credential. To obtain 

a Document of Continuity, a mariner 

would submit the same paperwork to 

the Coast Guard as they would currently 

submit to get a license or MMD with a 

continuity endorsement, except that 

mariners would also be required to 

return the credential being renewed so 

that it can be canceled. Since a 


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Document of Continuity will be issued 

only as a means to reserve an inactive 

mariner’s ability to apply as a renewal 

at some time in the future, the mariner 

should not need to work under the 

authority of that credential while the 

Coast Guard processes their application 

and should not be burdened by the 

requirement to submit their current 

credential for cancellation. Photocopies 

would no longer be accepted. 

The Document of Continuity would 

be issued free of charge (applicants for 

licenses or MMDs with a continuity 

endorsement are currently charged $45), 

and the Document of Continuity would 

have no expiration date (licenses or 

MMDs with a continuity endorsement 

are currently valid for only 5 years). 

Mariners who are working on shore and 

are not serving as merchant mariners, 

but who would prefer to hold an MMC 

may apply for and receive an MMC after 

meeting all of the requirements for 

renewal set out in 46 CFR10.227, 

including but not limited to obtaining a 

TWIC, meeting the medical and 

physical requirements in 46 CFR 10.215 

and being drug tested. 

12. Definitions 

Four comments requested a definition 

of the term ‘‘entry level mariner’’. A 

definition has been added to proposed 

46 CFR 10.107 of this SNPRM. 

One comment requested a definition 

of ‘‘DDE’’. The definition for the term 

‘‘designated duty engineer’’ existed in 

section 10.107 of the NPRM; we added 

the acronym for the term (‘‘DDE’’) to the 

definition in this SNPRM. 

Four comments requested a definition 

of the term ‘‘U.S.C.G sector’’. The term 

has been removed in favor of retaining 

the broader term ‘‘Officer in Charge, 

Marine Inspection’’, or ‘‘OCMI’’, which 

is defined in section 10.107. 

One comment requested revision of 

the definition of ‘‘conviction’’ to read ‘‘a 

final judgment of guilty in a criminal 

case’’. We have chosen to retain the 

definition of the term ‘‘conviction’’ as 

the requested language is too vague and 

would omit many convictions that the 

Coast Guard currently uses to determine 

whether an individual is safe and 

suitable to serve in the merchant 

marine. 

13. Editing 

Many small editorial changes were 

requested throughout the NPRM. Due to 

the large number of these requests, and 

because of their non-substantive nature, 

they are not discussed here 

individually. Most of the requested 

changes were made in the SNPRM. The 

following is a discussion of some of the 

more in-depth comments requesting 

editorial changes: 

One comment pointed out an 

inconsistent use of the term ‘‘valid’’

through out the regulations. Although 

the Coast Guard recognizes that the 

regulations in Subchapter B could be 

written more clearly, since most of the 

language and inconsistency exists in the 

current regulations, this change is one 

that would be best handled in a separate 

rulemaking when the Coast Guard 

revises Subchapter B to make such 

linguistic changes throughout the 

subchapter. 

Four comments requested a 

clarification of the intent behind 46 CFR 

10.217(c)(3), and four comments noted 

that that section uses the undefined 

terms ‘‘regular certificates’’, ‘‘temporary 

permit’’, and ‘‘permanent certificate’’. 

The language regarding Merchant 

Marine Details at locations other than 

the RECs came directly from the current 

46 CFR 12.02–3(b). In the NPRM, the 

language was expanded from ‘‘Coast 

Guard Merchant Marine Details abroad’’

to ‘‘Coast Guard Merchant Marine 

Details’’, to allow for more operational 

flexibility. Upon additional review of 

the intent and language of the provision, 

the term ‘‘abroad’’ has been reinserted 

into the regulation in this SNPRM. Also, 

this provision currently exists for 

unlicensed personnel only, and was 

inadvertently extended to all mariners 

in the NPRM. Language has been added 

in this SNPRM to restrict this provision 

to ratings. Currently, 46 CFR 12.02–3(b) 

is intended to allow mariners who 

require a replacement or renewal of a 

Coast Guard issued credential to obtain 

temporary certificates from Coast Guard 

facilities while overseas. This provision 

is rarely used, and is typically 

associated with the need to support 

mariners assisting in international 

conflicts. It was last used during 

Operation Iraqi Freedom. Because the 

terms used in this section were merely 

carried over from the existing 

regulations, definitions of the terms 

noted in the comment were not added 

at this time. 

Four comments requested a 

clarification of the relationship of 46 

CFR 14.205 to 46 U.S.C. 8103(e). 

The proposed change to 46 CFR 

14.205 merely adds the TWIC and 

replaces the word ‘‘license’’ with 

‘‘credential’’ for those items that a 

merchant mariner must present to the 

master or individual in charge of the 

vessel before engagement for a voyage 

upon which shipping articles are 

required. Individuals must present all 

those items that are ‘‘required by law for 

the service the mariner would perform’’. 

If the mariner is required by law to carry 

a credential, he or she will have to 

present it before signing shipping 

articles. This requirement stems from 

the requirement in 46 U.S.C. 10306 

which requires mariners to exhibit an 

MMD before signing shipping articles. 

Since the MMD will now be in the form 

of an MMC, and a TWIC is a 

requirement for an MMC, the TWIC and 

any other required ‘‘credential’’ must be 

exhibited. 46 U.S.C. 8103(e) involves 

the waiver of citizenship requirements 

for individuals (other than master and 

radio officer) on a documented vessel on 

a foreign voyage which must hire 

foreign mariners to fill a vacancy until 

the vessel returns to a port where a U.S. 

citizen can be obtained for the position. 

The current and proposed Coast Guard 

regulations include this waiver 

provision in 46 CFR 15.720(a). 

We received one comment requesting 

that 46 CFR 10.219 be revised to allow 

payment with cash and credit cards 

when applying by mail, to conform to 

the allowable payment options for 

personal appearance. 

As a result of this comment, 46 CFR 

10.219(d) has been revised in this 

SNPRM, and credit card payment is 

proposed as an acceptable form of 

payment. Due to the risk of theft, the 

Coast Guard will not accept cash 

payment through the mail. 

Three commenters requested that 

references to shipping commissioners be 

removed throughout the regulations to 

be consistent with amended statutes 

since shipping commissioners no longer 

exist. 

46 CFR 12.10–1 has been revised in 

this SNPRM to remove the term 

shipping commissioner. The removal of 

that term throughout the Coast Guard’s 

regulations will be considered in a 

separate rulemaking. 

Two comments noted an inconsistent 

use of quotation marks throughout the 

NPRM. 

We disagree. When quotation marks 

are used in conjunction with directions 

to the Federal Register, such as remove 

the word ‘‘the’’ and add, in its place, the 

word ‘‘for’’, the quotation marks all 

appear to be used consistently. 

Quotation marks have also been used 

around the actual endorsement placed 

upon the MMC, such as an endorsement 

as ‘‘Master’’. This is the proper use of 

quotation marks. We recognize that 

throughout the regulations, quotations 

have not been placed around the 

endorsement in this fashion. This is an 

editorial change that will be considered 

in the contemplated Subchapter B 

revision. 

Four comments stated that the list of 

endorsements in proposed 10.109 are 

incomplete and restrictive. 


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We agree, and have revised 46 CFR 

10.109 to include the missing 

endorsements. 

Two comments requested a title for 46 

CFR Part 11. 

We have entitled Part 11 ‘‘OFFICER 

ENDORSEMENTS’’. 

One comment requested that we 

replace the words ‘‘not more than’’ with 

the words ‘‘less than’’. 

We disagree with this request. 

Because the term ‘‘not more than’’

includes ‘‘equal to’’, and ‘‘less than’’

does not, this would change the 

meaning of the terminology as well as 

the current tonnage endorsements, and 

it would change the regulated 

populations of the various officer 

tonnage categories. A further review of 

these terms is envisioned in the STCW 

rulemaking that is currently in 

development. 

14. Expiration Dates 

We received two comments seeking 

an explanation of how the validity date 

for training certificates would align with 

the uniform expiration date of the MMC. 

We received three additional comments 

that the radar observer endorsement 

should align with the MMC expiration 

date. 

As proposed in this rulemaking, there 

is no relationship between the 

expiration date of the MMC and the 

underlying training certificates. The 

MMC, and any endorsements on it, will 

be valid for a set 5 year period. It will 

be the mariner’s responsibility to ensure 

that at the time of application their 

training is up to date, and that they 

ensure that their training certificates 

remain valid throughout the period of 

endorsement. Changes have been made 

to 46 CFR 11.480(g) to remove the 

requirement that the month and year of 

the radar-observer certificate appear on 

the MMC. Similarly, section 11.480(k) 

has been removed because it will be 

unnecessary to synchronize dates when 

there will only be one date on the new 

MMC. Finally, 46 CFR 15.815 has been 

revised to require mariners to have 

readily available evidence that they 

hold a valid radar-observer certificate. 

This will allow mariners the flexibility 

to maintain the actual certificate at 

home or at an employer’s office, but still 

allow them to provide proof of 

compliance to inspectors. 

Four comments were received that 

opposed aligning the expiration dates of 

the TWIC and MMC, and one comment 

was received in favor of making the 

expiration dates align. 

It is not expected that mariners will 

be required to align the expiration dates 

for the TWIC and MMC. A mariner must 

hold a valid TWIC before an MMC will 

be issued, and failure to hold a valid 

TWIC may be grounds for suspension 

and revocation of an MMC, but the 

expiration dates do not need to match. 

Requiring them to match would cause 

the period of validity of the MMC to be 

shorter than five years due to the time 

it takes to apply for and process the 

TWIC and MMC applications. It would 

also remove the ability for the Coast 

Guard to allow mariners to apply for a 

renewal MMC at any time during the 

validity period (and up to 1 year after 

expiration) as proposed in this 

rulemaking, because the renewal 

periods for a TWIC remain limited. If 

mariners are required to match the 

expiration dates of their credentials, 

they would have to renew their MMC on 

the same schedule as their TWIC. 

Mariners are not prohibited from 

voluntarily aligning their expiration 

dates, but it is not required. 

15. Format of the MMC 

We received a large number of 

comments on the format of the MMC. 

Five comments wanted the biometric 

TWIC card to also contain the 

qualification information proposed for 

the MMC. Four comments wanted to do 

away with the TWIC, and instead, 

modify the MMC to include biometric 

data and an embedded chip. Nine 

comments wanted to retain the MMD, 

but modify it to include biometrics and 

an embedded chip. One comment 

generally objected to having a TWIC in 

addition to the MMC. One comment 

generally requested one card for the 

MMC/MMD and TWIC. One comment 

stated that the MMD is sufficient for 

mariners because the criminal record 

and immigration status are already 

reviewed. Finally one comment sought 

a more thorough analysis of why a 

single card cannot be issued. 

Through 46 U.S.C. 70105, Congress 

has directed the Secretary of the 

Department of Homeland Security to 

issue a biometric transportation security 

card to all individuals who need 

unescorted access to secure areas 

designated in a vessel or facility security 

plan; individuals issued credentials 

under part E of subtitle II of Title 46 

U.S.C. (credentialed mariners); vessel 

pilots; individuals working on a towing 

vessel that pushes, pulls, or hauls 

alongside a tank vessel; certain 

individuals with access to security 

sensitive information; and other 

individuals engaged in port security 

activities. 

The House Committee Report, written 

when the statute was still a bill, but 

contained the language that was passed, 

states ‘‘Section 70105 establishes a 

national standard for issuance of 

biometric transportation security cards 

whose purpose is to control access to 

secure terminal areas to only authorized 

personnel.’’ The Department of 

Homeland Security has interpreted this 

language, and the language of the statute 

itself, to exhibit a Congressional intent 

that the Secretary create a single 

biometric identification credential. This 

national biometric transportation 

security card is to be used at all 33 CFR 

Subchapter H regulated vessels and 

facilities by everyone to whom the 

statute applies. Such a uniform 

requirement would improve security 

and reduce fraud through the creation of 

a single, recognizable identity credential 

instead of multiple credentials that 

would be dependant on the type of 

function that the individual would serve 

at the vessel or facility. 

The population of individuals 

covered by 46 U.S.C. 70105 includes a 

large number of individuals outside of 

the merchant marine. Altering the MMD 

to include biometric capabilities would 

not only fail to satisfy the requirement 

for all of the people to whom the 

Secretary must issue the credential, but 

it would not even cover the entire 

population of mariners that are affected 

by the statutory mandate. Altering the 

MMD to include biometric capabilities 

would cover only those people who 

carry an MMD. As of December 31, 

2005, of the total estimated 205,000 

merchant mariner population, 67,637 

held only an MMD; 41,343 mariners 

held both a license and MMD; and 

27,790 mariners held a license, MMD 

and STCW endorsement (the remainder 

hold a license only, which is not an 

identity document). 

Allowing the MMD to serve as an 

alternate to TWIC would violate this 

concept of a single uniform nationwide 

credential for all. Also for this reason, 

we have opted not to consolidate the 

merchant mariner credentials into the 

MMC with a biometric chip. Although 

this option would be more expansive 

because it would at least create a 

uniform biometric credential for all 

merchant mariners, it would not reach 

the other categories of people included 

under the 46 U.S.C. 70105 requirement, 

and would therefore violate the intent 

and benefits that could be derived from 

a single nationwide standard. 

There are many other reasons why the 

Department of Homeland Security has 

chosen not to place a biometric on the 

MMD or MMC in an attempt at 

satisfying this statutory mandate. One of 

these reasons is cost. The process 

proposed in this SNPRM would allow 

all mariners to apply for their MMC 

entirely by mail. Mariners would apply 

for their TWIC by going to one of the 


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over 125 TWIC enrollment centers to be 

fingerprinted, photographed, and show 

proof of identification and citizenship 

status. TSA would then share this 

information electronically with the 

Coast Guard. This proposed regulation 

would result in a cost savings for 

mariners because it would completely 

remove the need for all mariners to 

travel to one of the 17 Coast Guard 

RECs. As proposed, the Coast Guard 

would no longer conduct identity 

verification and security vetting. If the 

MMD or MMC was to be re-vamped to 

include a TWIC-like biometric chip, 

then those mariners who would get the 

MMD or MMC would have to travel to 

one of the 17 RECs, instead of the 125 

TWIC enrollment centers, to submit 

their application information. This 

would be more of an inconvenience to 

the mariner, as 125 locations are more 

likely to provide a shorter travel 

distance than the Coast Guard’s current 

17 REC locations. 

TWIC enrollment centers are for the 

gathering of information from TWIC 

applicants only. Even if that were not 

the case, the collection of application 

information, security vetting and the 

maintenance of the database make up 

most of TSA’s TWIC program expenses. 

If mariners were allowed to register for 

a biometric MMD or MMC at a TWIC 

enrollment center, they would still 

incur the security and application costs 

even if they weren’t applying for a TWC. 

In that situation, the cost to mariners 

would increase, while the security 

benefit of a uniform credential would be 

lost. 

The addition of a biometric chip to 

either the MMD or MMC would also 

significantly increase the costs to 

produce the card. Right now, this 

SNPRM does not propose to change the 

fees for the MMC from those that are 

currently charged for the license and 

MMD. If the Coast Guard changed the 

MMD or MMC to conform to the TWIC 

technology, the cost of the credential 

would increase. 

The final option considered was to 

incorporate all of the merchant mariner 

qualification information onto the 

TWIC. This is a goal that the Coast 

Guard hopes to reach some time in the 

future; however, it is simply not feasible 

at this time. STCW requires foreign port 

state control officers to be able to read 

a mariner’s qualification credentials, 

and not all countries have the ability to 

read smart cards. It is impractical, and 

for some it may be impossible, to print 

all of the information that will appear 

on an MMC on the face of the TWIC. In 

addition, although the technology 

continues to advance, the type of 

technology used for the TWIC does not 

offer sufficient storage for all of the 

information that the Coast Guard would 

need to put on the MMC. At some point 

in the future the Coast Guard hopes that 

new technology will be available, costs 

will be reduced, and international 

capabilities will exist to make this a 

viable alternative. 

For these reasons, the Coast Guard 

and TSA have opted to present two 

separate, but linked credentials: a TWIC 

as the biometric security card required 

in 46 U.S.C. 70105, and the MMC as the 

consolidated qualification credential for 

merchant mariners. 

We also received comments regarding 

the format of the MMC. One comment 

objected to a certificate suitable for 

framing, and sought a credential similar 

in size to the current MMD. One 

comment sought either a laminated card 

or a frameable document. Two 

comments requested a laminated card, 

and another two comments sought a 

smaller, wallet-size credential. 

For the reasons stated above, a 

laminated wallet-sized card, much like 

the current MMD or the proposed TWIC, 

is not feasible at this time due to 

international requirements and 

technological limitations. 

The Coast Guard is also considering a 

passport-style credential. The passport 

credential would have a thick, sturdy 

cover like the U.S. passport, would have 

a page with the individual’s photograph 

and biographic information, and would 

have pages inside that would contain a 

mariner’s endorsements. STCW 

endorsements, for example, could be 

contained on the center sheet and 

would contain all of the information 

necessary to meet the STCW convention 

and code requirements. Officer 

endorsements could be contained on 

opposing pages and would not contain 

personal privacy information so that the 

credential could be opened to that page 

for posting aboard vessels to satisfy the 

requirements of 46 U.S.C. 7110. Several 

other nations have already adopted a 

passport style document as the primary 

mariner qualification credential. The 

Coast Guard is currently investigating 

this option and the costs associated with 

this format. We are concerned that a 

credential that costs significantly more 

to produce could result in a future 

increase in user fees. 

Finally, two comments stated that the 

proposed format does not meet the 

needs of blue-water or domestic 

mariners, and requested that the Coast 

Guard seek guidance from mariners on 

the format. 

We explicitly request public input on 

this subject during the comment period 

for this SNPRM. Draft samples of a 

certificate format and passport style 

format are available for inspection in the 

public docket for this rulemaking. 

Please provide information as to the 

type of credential that would best serve 

your needs and still meet domestic and 

international requirements. Please 

provide comments on format, cost, 

production possibilities, technology 

availability, or any information you 

believe could help. 

16. General 

One commenter disagreed with the 

assertion that mariners could be 

required to carry up to five credentials. 

The Coast Guard disagrees. A mariner 

could hold up to five credentials if the 

credentials are not consolidated. These 

five credentials are the MMD, license, 

COR, STCW endorsement and TWIC. 

For some mariners, the STCW 

endorsement is printed on the license, 

but in most cases the STCW 

endorsement is a separate document. As 

of July 16, 2006, 139,791 mariners held 

a license, 63,466 mariners held an 

MMD, 530 mariners held a COR, 49,994 

mariners held an STCW endorsement, 

and 13 mariners held all four. 

Ten commenters were completely 

against the consolidation of credentials. 

The comments received to this point 

have not persuaded the Coast Guard to 

abandon our proposal to consolidate the 

merchant mariner credentials. This 

proposal will ultimately result in the 

simplification of procedures, increased 

national security, decreased costs and 

increased efficiency. 

We received one comment that the 

Coast Guard has been unable to 

ascertain and report on the number and 

type of valid licenses and MMDs in 

existence at any time, suggesting a 

limitation on our ability to call on 

mariners in response to a national 

emergency. 

We disagree that this information is 

not readily available, or that we have 

been unable to ascertain or report on 

this information. The Coast Guard 

maintains an electronic database with 

this information and can retrieve it 

whenever necessary. As stated above, as 

of July 16, 2006, 139,791 mariners held 

a license, 63,466 mariners held an 

MMD, 530 mariners held a COR, 49,994 

mariners held an STCW endorsement, 

and 13 mariners held all four. 

17. International Agreements 

Seven comments stated that the 

proposed MMC fails to address the ILO 

185 Convention, and two comments 

generally recommended that we 

harmonize the MMC with international 

standards. 

The MMC will be harmonious with 

the International Convention on 


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Standards of Training, Certification, and 

Watchkeeping for Seafarers, 1978 as 

amended (STCW). However, efforts will 

not be taken to conform the MMC to the 

requirements of the International Labour 

Organization Seafarers’ Identity 

Document Convention (Revised), 2003 

(ILO–185) at this time. As the United 

States is not a signatory to ILO–185, no 

plans have been made at this time to 

produce an identification document 

complying with that particular standard. 

The Coast Guard will ensure that the 

MMC conforms to those international 

agreements to which the United States 

is a party. 

18. Information Sharing 

We received one comment requesting 

a process where TSA routinely notifies 

CG of TWIC evaluations. 

The process for transferring data 

between TSA and the Coast Guard has 

not been finalized at this time. As 

currently envisioned, however, TSA 

would have the ability to push 

information to the Coast Guard upon 

notification by the applicant that they 

are a merchant mariner or applying to 

become a merchant mariner, and the 

Coast Guard would have the ability to 

pull application data directly from TSA 

upon receipt of an MMC application. 

The Coast Guard would also have access 

to TSA’s Identity Management System 

(IDMS) to allow us to verify that the 

applicant holds a valid TWIC. 

Furthermore, if a mariner’s TWIC is 

revoked, TSA will notify the Coast 

Guard so that after the applicant 

exhausts the TWIC appeal process, we 

could initiate suspension and 

revocation action against the 

individual’s MMC. 

19. Interim Credentials 

We received one comment 

recommending that 46 CFR 10.209 be 

amended to allow the issuance of an 

interim MMC for applicants who have 

been approved for a TWIC and have 

simultaneously applied for the MMC 

but are awaiting final MMC approval. 

An additional comment requested that 

the Coast Guard issue MMCs without a 

TWIC for seasonal workers. 

The statutory requirements of 46 

U.S.C. 70105 do not provide for the 

exemption of seasonal workers from the 

obligation for all credentialed merchant 

mariners to hold a TWIC. The general 

requirement to hold a TWIC is 

discussed further in the TWIC final rule 

published elsewhere in today’s Federal 

Register. The Coast Guard seeks 

additional pubic comment with respect 

to the issuance of interim MMCs. In 46 

U.S.C. 7302(g), the Coast Guard was 

given the statutory authority to issue an 

interim credential to the following 

people: 

(1) An individual to be employed as 

gaming personnel, entertainment 

personnel, wait staff, or other service 

personnel on board a passenger vessel 

not engaged in foreign service, with no 

duties, including emergency duties, 

related to the navigation of the vessel or 

the safety of the vessel, its crew, cargo 

or passengers; or 

(2) An individual seeking renewal of 

a rating endorsement, or qualifying for 

a supplemental rating endorsement. 

This interim credential could only be 

valid for up to 120 days and could only 

be issued one time to the people 

covered in paragraph (1) above. This 

statute gives the Coast Guard the 

authority to issue these interim 

credentials, but does not make them 

mandatory. 

At this time, the Coast Guard is not in 

favor of adding interim MMCs to the 

regulations. We have amended the 

proposed regulations to include 

concurrent applications, which should 

speed the application process, and we 

believe that adding in the processing 

time to issue an interim credential 

would add a burden onto REC personnel 

which would negate the time benefit 

created by this concurrent review 

change. In addition, it is imperative that 

the Coast Guard verify that an 

individual has all required 

qualifications before they are allowed to 

serve aboard a commercial vessel. 

Ensuring that the individual is not a 

security risk through the TWIC is only 

a part of the merchant mariner 

credentialing process. The potential 

risks to life and property and the 

inherently dangerous nature of a career 

in the merchant marine creates a 

heightened need to ensure that the 

individual is a safe and suitable person 

for the job. 

Although the Coast Guard is not 

currently in favor of adding interim 

credentials to our regulations, we 

specifically seek public comment on 

this issue to aid us in making a final 

decision. 

We received one comment requesting 

a transition period that would permit 

mariners to continue working even if 

their current credentials are expired, as 

long as they can demonstrate that they 

have applied for and are awaiting a 

TWIC. 

As discussed above, the security 

review is only a part of the merchant 

mariner credentialing process. 

Expiration dates are created so that a 

mariner’s background and professional 

qualifications can be re-evaluated every 

five years to ensure that they are still 

qualified to hold that credential. Under 

the proposed regulations, although 

mariners will not be allowed to work 

after the credential expires, they will be 

allowed to renew their credentials at 

any time before expiration and up to 

one year after expiration, so mariners 

are free to renew their MMC at whatever 

time is most convenient to them. It will 

be up to the mariner to ensure that he 

or she applies for renewal early enough 

to ensure that they always hold a valid 

MMC. 

20. Invalid Credentials 

Four comments requested that the 

Coast Guard require mariners to send an 

invalid credential to the Coast Guard for 

cancellation, but agree to return the 

canceled credential to the mariner for 

sentimental purposes; and two 

additional comments requested that we 

resolve the inconsistency in the NPRM 

regarding the return of cancelled 

credentials. 

We have revised 10.209(g), 

10.225(b)(5), 10.227(d)(4) and (e)(2)(i), 

10.223(c)(5), 10.231(c)(5) and 10.233(c) 

in response to these comments. The 

requirement to return credentials that 

are expired, invalid, or have been 

renewed remains; however, mariners 

may request in writing, at the time of 

submission, that the canceled credential 

be returned to them after cancellation. 

21. License Creep 

We received five comments 

requesting that the MMC be effective 

upon the original renewal date 

regardless of when the mariner applied 

for renewal. 

The Coast Guard is aware of the 

‘‘license creep’’ problem, and is working 

to solve it. License creep occurs because 

although a mariner’s credential is 

technically valid for a five year term, 

they must apply to renew that credential 

before the close of that five year term so 

that there will not be a gap between 

when their new credential is issued and 

the old one expires. Mariners frequently 

find themselves applying for renewal 

many months before the expiration of 

their credential to ensure that they will 

receive their new credential in time. 

Licenses, MMDs (and as proposed, 

MMCs) are valid for five years from the 

date of issuance. This means that if their 

renewal is issued before the expiration 

date of the credential being renewed, 

the mariner loses the period of time they 

could have served on their expiring 

credential measured from the date the 

new credential is issued to the 

expiration date of the expiring 

credential. Essentially, the five-year 

validity term ‘‘creeps’’ back with each 

renewal. 


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The comments suggested that the 

Coast Guard issue renewal credentials 

with an effective date that would match 

the expiration date of their expiring 

credential so that there is continuity in 

validity and the preservation of a full 

five-year validity term. We deliberated 

over this comment for quite some time. 

In the end, we determined that the 

solution presented by the comments 

requires further research due to possible 

legal implications. Statutory limitations 

were placed on the Coast Guard by 

Congress in 46 U.S.C. 7702 and 7703 

that restrict those bases on which we 

may initiate suspension and revocation 

procedures against a mariner’s 

credential. Certain paragraphs in those 

sections only allow the Coast Guard to 

seek suspension and revocation against 

a mariner’s credential for actions that 

they take while acting under the 

authority of the credential. The concern 

is that a mariner cannot be acting under 

the authority of a credential that is not 

yet effective. The Coast Guard can 

initiate suspension and revocation 

actions against a mariner’s current 

credential for those acts done while 

acting under the authority of that 

credential, but that suspension and 

revocation action may not legally apply 

to a renewed credential that has already 

been issued but would become effective 

at some point in the future. 

Considering other methods of solving 

the license creep issue, we also thought 

about linking the MMC expiration date 

to an applicant’s birth date, much like 

the method used for state driver’s 

licenses. We realized that this option, 

too, would not be feasible. It would 

punish applicants who sought to renew 

early after applying for new 

endorsements in the middle of the 

credential’s validity period. They would 

receive those endorsements, but they 

would not be effective until their next 

birthday, so they would not be able to 

work in those jobs until that date. The 

same problem would occur with respect 

to new applicants. Unless the credential 

was actually issued on their birthday, it 

would either be shorter than the five 

year period (validity began in the past) 

or there would be a gap during which 

the mariner would not be able to work 

(validity would begin at some point in 

the future). Furthermore, making the 

credential effective on their last 

birthday would not only fail to solve the 

problem, but it would be a clear 

violation of 46 U.S.C. 7106 and 46 

U.S.C. 7302(f) which state that 

credentials issued must be valid for five 

year periods and may be renewed for 

five year periods. This language 

provides no leeway to shorten or 

lengthen the validity period of the 

credentials. 

These are only two of the regulatory 

options the Coast Guard has considered 

to end the problem of license creep. We 

will continue to analyze this issue and 

will attempt to address it in the final 

rule if a legally sufficient solution can 

be arranged. We encourage public 

comment on this issue, and welcome 

any solutions that the public wishes to 

propose. In the meantime we suggest 

that mariners request delayed issuance, 

in writing, at the time they submit their 

renewal applications. According to 

National Maritime Center (NMC) Policy 

Letter 09–03, RECs have been directed 

by the Commanding Officer of the 

National Maritime Center (NMC) to 

delay issuance of renewed credentials 

upon written request from the applicant. 

This policy was created in direct 

response to the license creep problem 

and has been in effect at the RECs since 

2003. A copy of this policy letter is 

available in the public docket for this 

rulemaking. 

22. Loss of License as Separate 

Credential 

We received six comments expressing 

displeasure that the Coast Guard is 

proposing to change the license to a 

generic credential, 10 comments 

objecting to the license being 

substituted by a card, and 23 comments 

objecting to the loss of a license as a 

separate credential. 

The Coast Guard is considering 

various formats for the MMC. We 

expressly request input as to how the 

credential should be arranged, the form 

in which it should appear, and methods 

that could be employed to differentiate 

between officers and ratings. The final 

document must balance the recognition 

of a mariner’s accomplishment with the 

benefits of efficiency and savings 

associated with combining multiple 

credentials into one document. As noted 

above, we have received comments 

requesting that the MMC come in 

various forms, including 8.5 x 11, 

passport size, card size, and laminated. 

We are taking all of these comments into 

consideration and are working to create 

a credential that will satisfy the needs 

of mariners while being as cost efficient 

as possible. 

The Coast Guard is also considering a 

different format of the MMC for officers 

and ratings. If it was passport style, 

perhaps the cover of an MMC with 

officer endorsements would appear in a 

different color from that of an MMC 

without officer endorsements. If it were 

in an 8.5 x 11 format, perhaps the MMC 

containing officer endorsements could 

have a distinctive border around it, a 

seal, or some other feature that would 

distinguish it from an MMC without 

officer endorsements. 

As discussed above, at this time the 

Coast Guard has not been persuaded 

that there is a compelling need to retain 

the separate credentialing process for 

officers and ratings which would 

outweigh the benefits associated with 

the combined credential. In addition to 

the cost benefits associated with the 

omission of the requirement to appear at 

an REC resulting from the integration of 

the TWIC, the combined credential 

would serve to reduce issuance fees, 

and would allow for more streamlined 

and efficient processing at the RECs. 

Also, the consolidation of the 

regulations would remove the many 

inconsistencies that currently exist 

between the requirements and process 

associated with approving MMDs and 

licenses in our current regulations. If a 

format other than an 8.5 x 11 nonlaminated sheet of paper is selected, the 

combined credential would reduce the 

likelihood of tearing and water damage 

that is currently associated with the 

license. It would assist the Master of a 

vessel when determining a mariner’s 

qualifications under 46 CFR 15.401. It 

would aid the mariner in the renewal 

process by providing only one 

credential with one expiration date vice 

many. Finally, as of December 31, 2005, 

41,343 mariners held both a license and 

MMD, and as of July 16, 2006, 13 

mariners actually held all four 

credentials; the consolidation would 

reduce the number of credentials that 

they have to carry and issuance fees that 

they have to pay. For these reasons, the 

Coast Guard continues to believe that 

the consolidation of credentials is a 

good idea and continues forward with 

the concept in this SNPRM. 

23. Medical 

We received four comments that 

objected to the incorporation of medical 

and physical guidance contained in 

Navigation and Vessel Inspection 

Circulars (NVICs) without public 

review. 

Policy guidance regarding the 

regulatory medical and physical 

requirements is contained in NVIC 2–98 

which is available to the public in many 

places including the Internet at http:// 

www.uscg.mil/hq/g-m/nvic/index.htm. 

The Coast Guard is currently working 

on a revision of NVIC 2–98, which has 

been provided to the public for 

comment and is available through the 

Docket Management System at docket 

number USCG–2006–25080, but is not 

yet final as of the signature date of this 

SNPRM. This proposed regulation does 

not seek to incorporate either NVIC by 


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reference. The intent of the sentence 

placed into 46 CFR 10.215(a) in the 

NPRM was to merely highlight that 

there is additional guidance on medical 

and physical competence issued by the 

Coast Guard. Due to the apparent 

confusion caused by that sentence, it 

has been removed. 

One comment stated that 46 CFR 

10.215 should address problems with 

medical issues, but provided 

insufficient information to determine 

what problems the commenter believed 

needs to be addressed. 

One comment opposed allowing 

nurse practitioners to perform, witness, 

or review the required test, exam or 

demonstration in proposed section 

10.215. Three comments, however, 

approved of the change and requested 

that nurse practitioners also be allowed 

to consult with the Coast Guard in the 

recommendation of a waiver. 

Under our current regulations, 

licensed physician assistants are 

allowed to conduct these exams. There 

have been no problems with this policy. 

Licensed nurse practitioners are also 

recognized as independent mid-level 

practitioners within the medical 

community. No problems are 

contemplated with allowing nurse 

practitioners to provide this service as 

well. As a result, we have also amended 

proposed section 10.215(g) in this 

SNPRM to allow licensed nurse 

practitioners to consult with the Coast 

Guard with respect to medical waivers. 

One comment suggested that we 

remove the table and text of section 

10.215 or correct it to remove STCW 

standards that have been incorrectly 

applied to domestic mariners. 

The table of section 10.215 provides 

a quick reference source for a mariner to 

determine what test, exam or 

demonstration applies to the 

endorsement sought. It is intended to 

supplement the regulatory text. Changes 

have been made to the table as a result 

of this comment to reflect the 

differences between the requirements 

for all mariners and those that apply 

only to individuals serving on vessels to 

which STCW applies. 

The requirement for a demonstration 

of physical ability has been removed for 

staff officers, applicants seeking an 

endorsement for proficiency in survival 

craft, and food handlers serving on 

vessels to which STCW does not apply. 

As a practical matter, however, staff 

officers and those seeking endorsements 

for proficiency in survival craft typically 

will have rating or officer endorsements 

that would already require the applicant 

to satisfy this requirement. The language 

in the table was also revised to limit the 

requirement for ratings to pass a 

demonstration of physical ability. It 

now reads: ‘‘Ratings, including entrylevel, serving on vessels to which STCW 

applies, other than those listed above’’. 

This conforms to the exception for nonSTCW mariners that existed in 

paragraph (e) in the NPRM and has 

carried over to the SNPRM. Also in the 

NPRM, the demonstration of physical 

ability was required for all food 

handlers, not just those to whom STCW 

applies. Food handlers have now been 

broken down to those to whom STCW 

applies, and those it does not. 

Also, as a result of this comment, 

paragraph (e) was revised to further 

limit the demonstration of physical 

ability requirement to only those 

applicants whose medical practitioner, 

during the performance of the 

applicant’s general medical exam, 

becomes concerned that the applicant’s 

physical ability may impact maritime 

safety. It would also apply to those 

applicants who are not required to pass 

a general medical exam. This change 

was made because during the general 

medical exam, a medical practitioner 

should be able to determine whether an 

applicant’s physical ability would 

impact maritime safety. If this is not a 

concern, requiring a demonstration of 

physical ability is not necessary. 

Finally, a new paragraph (h) has been 

added to the end of the section to 

specifically exclude individuals only 

seeking MMCs with staff officer 

endorsements from the requirements of 

section 10.215. 

One comment recommended that the 

certifying person should be required to 

certify that they are familiar with the 

Coast Guard’s physical standards and 

the rigors of marine employment. 

The Coast Guard disagrees with this 

recommendation. Requiring medical 

professionals to sign such an additional 

statement is unnecessary. Forms CG–

719K and CG–719K/E include a partial 

list of physical demands for performing 

the duties of a merchant mariner. In 

addition, medical professionals are 

referred to NVIC 2–98 discussed above, 

and the regulations. These notices 

should be sufficient to provide a 

minimal familiarization as to the Coast 

Guard’s physical standards and the 

rigors of marine employment. 

One comment sought penalties for 

mariners who supply false information 

to certifying physicians and/or 

employers or who fail to disclose 

material information about their 

physical condition. 

The Coast Guard agrees with the 

general sentiment of this comment, but 

disagrees that such a change needs to be 

placed in our regulations. 18 U.S.C. 

1001 provides criminal penalties for 

making a false official statement to the 

Federal government. That statutory 

penalty applies to any mariner that 

falsifies, conceals, or covers up by any 

trick, scheme, or device a material fact; 

makes any materially false, fictitious, or 

fraudulent statement or representation; 

or makes or uses any false writing or 

document knowing the same to contain 

any materially false, fictitious, or 

fraudulent statement or entry. The 

penalty is up to five years in prison and/ 

or a $5,000 fine, and that increases if the 

offense involves international or 

domestic terrorism. This penalty would 

apply to any material misrepresentation 

or omission directly to the Coast Guard 

in the application, or any material 

misrepresentation or omission to the 

mariner’s physician or employer that 

would affect the Coast Guard’s 

credentialing decision. 

We received 18 comments stating the 

inclusion of additional hearing 

standards in 10.215(c) are unnecessary, 

and one additional comment that the 

hearing test thresholds in that section 

are overly prescriptive and should be 

substituted with a more performancebased approach that is tied to the 

mariner’s duties on the vessel. 

Section 10.215(c) has been rewritten 

in this SNPRM. It has been revised to 

limit the categories of mariners who 

must undergo the hearing exam, and 

provides more information to medical 

professionals conducting the exam. In 

the NPRM, the introductory text to 

paragraph (c) referred to a different test 

than the hearing thresholds discussed in 

subparagraphs (c) (1) and (2). This was 

clarified and corrected in the SNPRM. 

In addition, in subparagraphs (c) (1) and 

(2), the word ‘‘should’’ was replaced 

with the word ‘‘must’’, as the proposed 

hearing thresholds would be 

requirements, not general suggestions. 

Finally, as a result of these comments, 

the newly proposed language would 

require a hearing test only if the medical 

professional conducting the general 

medical exam has concerns regarding 

the applicant’s ability to hear, and a 

waiver may be requested if a mariner 

can pass one test but not another. We 

opted not to tie the hearing thresholds 

to each mariner’s particular duties on 

the vessel in favor of minimal 

requirements that all mariners must 

meet. Such a standard for all mariners 

is less subjective and serves a safety 

purpose in that all mariners should be 

able to hear at the same minimum level. 

We received 29 comments stating that 

the language of proposed 10.215(e) 

created an unnecessary burden on the 

mariner and physician by requiring the 

physician to travel to a vessel to 

document a mariner’s physical ability. 


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The Coast Guard does not 

contemplate that every mariner must 

demonstrate physical ability, nor do we 

contemplate requiring medical 

professionals to travel to vessels to 

complete this test. It has, however, 

always been the responsibility of the 

medical professional to attest that the 

mariner is able to meet the physical 

requirements of the job. The information 

contained within 10.215(e) provides 

clarity as to the level of fitness 

necessary in the maritime industry and 

the level of satisfaction the medical 

professional must achieve to determine 

that the applicant meets these 

standards. 

All eight of the enumerated abilities 

that must be satisfied to pass a 

demonstration of physical ability are 

able to be reviewed in a medical office. 

For example, a person standing on one 

leg anywhere can show no disturbance 

in the sense of balance; any ladder or 

staircase can be used to show ability to 

climb up and down vertical ladders and 

inclined stairs; and any obstruction of 

similar height can be used to show that 

a person can step over a door sill or 

coaming. Furthermore, weights can be 

used to show that the applicant would 

have the ability to grasp, lift and 

manipulate tools, and move hands and 

arms to open and close valve wheels; a 

general medical exam should detect a 

disease that would prevent normal 

movement and physical activity, or the 

ability to respond to a visual or audible 

alarm; finally, the ability to stand and 

walk for extended periods could be 

shown anywhere as could the 

determination as to whether the 

applicant is capable of normal 

conversation. 

These enumerated abilities were taken 

from the STCW Code Table B–I/9–2, 

which is guidance on the assessment of 

minimum entry-level and in-service 

physical abilities for seafarers. These 

standards have been deemed effective 

minimum standards for mariners in the 

international community and the Coast 

Guard believes that they are good 

standards to employ in order to ensure 

that U.S. mariners have the physical 

ability to do their job without injuring 

themselves or others. 

24. National Driver Register 

We received one comment requesting 

that proposed 46 CFR 10.213(g)(1) be 

amended to add additional drug testing 

while on the vessel. Another comment 

requested that the three-year look back 

period in proposed 10.213(c) be 

extended to five years. Finally, another 

comment requested that land-based 

driving under the influence (DUI) 

convictions be given less weight than 

marine-based DUI convictions, and that 

the burden placed on the mariner to 

establish qualification should be 

changed so that the burden after a landbased DUI should not be as high as the 

burden associated with marine-based 

convictions. 

The purpose of this rulemaking is to 

consolidate the merchant mariner 

qualification credentials. It is not 

intended to completely revise 46 CFR 

Subchapter B. These three comments 

are outside the scope of this rulemaking, 

but revisions to the drug testing 

requirements and evaluation criteria 

may be considered by the Coast Guard 

in subsequent rulemaking projects. 

Twenty comments objected to an 

unlimited NDR check. 

The Coast Guard did not intend to 

propose an unlimited NDR check in the 

NPRM. Paragraph 10.213(b) in the 

NPRM contained language that 

currently exists in our regulations 

regarding criminal record review, but 

was inadvertently moved into the NDR 

section of the NPRM. That section has 

been moved to 46 CFR 10.211(l) in this 

SNPRM. For the offenses described in 

section 205 of the National Driver 

Register Act of 1982, as amended, the 

Coast Guard will not be doing an 

unlimited look back in the NDR, but 

will only look at those crimes listed in 

that Act that are provided in the course 

of the criminal record review. The law 

allows the Coast Guard to look back 

beyond three years only when 

individuals have ongoing suspensions 

or revocation for NDR Act offenses. This 

is not an unlimited NDR check. The 

Coast Guard appreciates notification of 

this error. 

25. Port Access 

We received one comment that the 

Coast Guard should ensure that the 

international community accepts the 

TWIC as a replacement MMD for shore 

leave. 

We agree and will provide 

information on the MMC and TWIC 

programs to the International Maritime 

Organization for communication to 

other parties. 

One comment stated that the MMD, 

not the TWIC or MMC, should meet the 

standards for an identification 

credential and allow access to ports. 

Under the statutory requirements of 

46 U.S.C. 70105, a biometric 

identification credential (the TWIC) 

must be created by the Secretary to 

allow individuals unescorted access to 

all 33 CFR Subchapter H regulated 

vessels and facilities. The MMD does 

not satisfy the requirements of 46 U.S.C. 

70105. For the reasons discussed above 

in ‘‘Format of the MMC’’, the TWIC and 

MMD will not be combined at this time. 

26. Posting 

Seven comments stated that the 

requirement to post the license would 

be affected by this proposed rulemaking 

project. 

The Coast Guard disagrees with these 

comments. We have not changed the 

requirement for posting an officer’s 

qualification credential. This posting 

requirement is required by 46 U.S.C. 

7110 and cannot be changed by Coast 

Guard regulation. The format of the 

MMC will be designed so that posting 

of the officer endorsement will be 

possible while also protecting the 

mariner’s private personal information 

from view. 

27. Preemption 

One comment was received that 

States should not be allowed to 

permissibly bar a mariner access based 

on stricter criteria than the TWIC and 

MMC. 

The MMC would be a qualification 

credential that would also contain a 

mariner’s identity information, but 

would not be used to obtain access to 

port facilities. This comment, and the 

issues of State preemption, are 

discussed in the TWIC rulemaking and 

are beyond the scope of this MMC 

rulemaking. 

28. Personal Privacy 

Five comments objected to the 

requirement in the NPRM at 46 CFR 

10.219(d) (2), that the front of all checks 

or money orders must contain the 

applicant’s full social security number. 

Although the social security number 

requirement proposed in section 10.219 

in the NPRM was carried over from our 

current regulations, due to the increased 

concern over identity theft nationwide 

the Coast Guard is proposing an 

alternative in this SNPRM. Section 

10.219(d)(4) has been revised to require 

that all checks and money orders 

contain the applicant’s full legal name 

and last four digits of their social 

security number. The full legal name is 

necessary to link the individual to the 

payment, and the last four digits of the 

social security number would be used to 

differentiate between mariners who may 

have common names. 

Two comments were received that 

stated a general concern for the 

protection of privacy information. 

The Coast Guard is extremely 

concerned about the recent rise in 

identity theft and recognizes the need to 

protect personal privacy information. 

We have proposed several measures in 

this proposed rulemaking to protect that 


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information. We have proposed an 

alternative to the social security number 

requirement discussed above, we intend 

to design the MMC so that personal 

privacy information will not be visible 

when posted under the requirement in 

46 U.S.C. 7110, and we will develop 

and test a secure electronic data sharing 

system for the transmission of mariners’

application information from TSA to the 

Coast Guard before this rule would 

become effective. 

29. Public Meetings 

We received 12 comments to the 

docket requesting additional public 

meetings on the MMC NPRM. 

We encourage public participation in 

this rulemaking. However, the Coast 

Guard received a relatively small 

number of comments on this rulemaking 

during the joint MMC/TWIC public 

meetings held in May and June 2006, 

and additional public meetings will not 

be held on the TWIC rulemaking project 

during the 90 day comment period for 

this MMC SNPRM. For those reasons, 

the Coast Guard does not intend to hold 

additional public meetings on this 

rulemaking at this time. Written and 

oral comments are given equal weight in 

the rulemaking process. Please submit 

written comments to the docket for this 

rulemaking project, which is available 

by conducting a simple search for 

docket number 24371 at http:// 

www.dms.dot.gov. If, after reading this 

SNPRM, you believe that additional 

public meetings would be beneficial, 

please submit a request to the docket 

explaining why one would be 

beneficial. If the Coast Guard 

determines that additional public 

meetings would aid this rulemaking, we 

will provide advance notice in the 

Federal Register. 

30. Regulatory Requirements 

We received five comments that this 

rulemaking fails to resolve outstanding 

issues in the STCW Interim Rule 

published June 26, 1997 at 62 FR 34505. 

This rulemaking is not intended to 

close or finalize the STCW rulemaking 

project. A Coast Guard rulemaking team 

is currently working on a 

Supplementary Notice of Proposed 

Rulemaking for that project that will 

address the public comments received 

on that Interim Rule, propose additional 

changes to the regulations to conform 

U.S. regulations to the STCW Code and 

Convention, and take additional public 

comment. 

We received two comments that this 

rulemaking fails to resolve outstanding 

issues within the MMD and Licensing 

Interim Rules. 

This rulemaking project is not 

intended to close or finalize either the 

Validation of Merchant Mariner’s Vital 

Information and Issuance of Coast 

Guard Merchant Mariner’s Documents 

(MMDs) (docket number USCG–2003–

14500, the ‘‘MMD rule’’), or Validation 

of Merchant Mariner’s Vital Information 

and Issuance of Coast Guard Merchant 

Mariner’s Licenses and Certificates of 

Registry (docket number USCG–2004–

17455, the ‘‘Licensing rule’’), projects. 

The Coast Guard intends to publish 

final rules on those projects to address 

the public comments received, and 

make any appropriate adjustments to 

the regulatory text as a result of those 

comments. This MMC rulemaking 

would, however, effectively address the 

bulk of the negative comments received 

to those rulemaking projects by 

removing the requirement that mariners 

appear at least once at one of the 17 

RECs to be fingerprinted by, and show 

identification to, an REC employee. The 

majority of the comments received in 

the dockets to those rulemakings 

complained that the location of the 17 

RECs require mariners to travel a great 

distance. 

This proposed MMC rulemaking 

would remove, or at least reduce, that 

burden on mariners by removing the 

REC requirement and allowing them to 

apply for the MMC entirely by mail 

unless an examination is required. 

Instead, mariners would complete the 

fingerprint and identification portion of 

the MMC application process at one of 

the many TWIC enrollment centers 

spread across the country. This 

rulemaking, although proposing to 

remove the appearance requirement, 

will not finalize or close either the 

MMD or Licensing rulemaking projects. 

Final rules for those projects are 

expected to be drafted and published 

after the completion of this rulemaking 

project and the STCW rulemaking 

project discussed above. 

One comment stated that the current 

language of our regulations in 

Subchapter B is poorly written and 

contains many issues that have not been 

addressed by this rulemaking. It 

suggested that we start from scratch, 

rewriting the Subchapter, instead of 

continuing to use existing regulatory 

language. 

In this rulemaking, the Coast Guard 

decided to use the existing regulatory 

language wherever possible. This was 

done in an effort to make as few 

substantive changes as possible while 

consolidating the credentials into one 

while also adapting the system to 

transfer the security and identity 

verification process to TSA. The Coast 

Guard is currently undertaking many 

different actions, both regulatory and 

non-regulatory, to improve the merchant 

mariner credentialing process. There are 

currently five open Coast Guard 

rulemaking projects involving 

Subchapter B: (1) This rule, (2) the 

MMD rule, (3) the Licensing rule, (4) 

Implementation of 1995 Amendments to 

the International Convention on 

Standards of Training, Certification and 

Watchkeeping for Seafarers, 1978 

(docket number USCG–2004–17914, the 

‘‘STCW rule’’), and (5) Training and 

Service Requirements for Merchant 

Marine Officers (the ‘‘Radar rule’’) 

(docket number USCG–2006–26202). 

Each of these rulemaking projects is 

intended to address different issues 

within Subchapter B. Once these five 

rulemaking projects are completed, the 

Coast Guard intends to open a sixth 

rulemaking project unofficially referred 

to as the Subchapter B Revision, which 

would clean up the entire subchapter, to 

improve upon clarity, readability, 

correct editorial inconsistencies and 

make non-substantive procedural 

changes. 

Three comments pointed out that the 

MMC NPRM did not appear in the 

Spring 2006 Regulatory Agenda. 

The commenters are correct. At the 

time that information for the Spring 

2006 Regulatory Agenda data call was 

requested, the substance of this 

regulation was incorporated into the 

TWIC rulemaking project, so it was not 

independently referenced. Now that it 

has been separated from TWIC and is an 

independent rulemaking project, it has 

been assigned Regulatory Identification 

Number 1625–AB02 and was included 

in the Fall 2006 Regulatory Agenda. 

Three comments requested that the 

Coast Guard slow implementation of the 

TWIC and MMC. 

Discussion of the implementation 

schedule of the TWIC is outside the 

scope of this rulemaking however, 

implementation of the card reader 

requirements has been delayed. A 

discussion of the TWIC implementation 

schedule and the delay in 

implementation of the reader 

requirements is provided in the TWIC 

final rule published elsewhere in 

today’s Federal Register. 

With respect to the MMC, if made 

effective, the proposed regulations in 

this SNPRM would not be implemented 

until approximately August 2008. This 

long delay before implementation has 

been proposed to allow all merchant 

mariners to obtain a TWIC before this 

proposed regulation would make it 

mandatory for the issuance of an MMC. 

The delay would also allow time for the 

Coast Guard to develop the form of the 

new credential and produce a sufficient 


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supply before the date of issuance. 

Furthermore, the delay would provide 

time to build and test the system that 

will transmit each MMC applicant’s 

digital photograph, fingerprints, proof of 

identification, proof of citizenship, and 

if applicable, the applicant’s criminal 

record and proof of legal resident alien 

status to the Coast Guard from TSA. The 

protection of this personal data is 

extremely important to the Coast Guard 

and TSA and we have planned this 

delay to allow sufficient time to test the 

system to ensure the security of that 

data. In addition, the new credential 

would be phased in over a five year 

period. A mariner would not be 

required to obtain an MMC until he or 

she either chooses to renew or upgrade 

their current MMD, license, COR or 

STCW endorsement, or they chose to 

apply for an MMC after this proposed 

rule is made effective. We find any 

additional delay to be unnecessary. 

One comment stated that this is a 

substantive rulemaking. 

We agree. This is a substantive, nonsignificant rulemaking. It proposes 

substantive changes to the Coast Guard’s 

regulations that are not merely 

procedural or technical in nature, but 

will actually affect the public. Because 

this is a substantive rulemaking, the 

Coast Guard has published both an 

NPRM and SNPRM in the Federal 

Register and is seeking public comment 

to assist us in the rulemaking process. 

We received one comment requesting 

that the Coast Guard hold the MMC 

regulatory project in abeyance until the 

TWIC regulatory project becomes final. 

We agree in part with the commenter. 

The TWIC regulatory project published 

a final rule elsewhere in today’s Federal 

Register. That final rule will become 

effective 60 days from today. This 

SNPRM, however, will remain open for 

a 90 day comment period after which it 

will be withdrawn, amended, or made 

effective through the publication of a 

final rule. At this time, the Coast Guard 

expects that a final rule would not be 

published for this rulemaking until 

some time in 2007, and that it would 

not become effective until 

approximately August 2008. This long 

period of time will allow enough time 

for the receipt and analysis of public 

comments, and would allow mariners to 

obtain a TWIC before this rulemaking 

would make them mandatory for the 

issuance of MMCs. The estimated 

August 2008 time period coincides with 

the expected close of the TWIC initial 

rollout period as established by today’s 

TWIC final rule. As the MMC is reliant 

upon the TWIC enrollment, not the 

TWIC card readers, we are not tying this 

MMC rule to the card reader portion of 

the TWIC rulemaking project. 

31. Renewals and Duplicates 

We received one comment that 

requested a lower standard of safety and 

suitability review for renewals and 

duplicates than that required for 

originals; one comment that requested 

no safety and suitability review for 

renewals and duplicates; and one 

comment stating that a mandatory 

criminal history review for duplicates 

will add unnecessary time to the 

application review process. 

We agree in part. We agree that 

requiring a mariner to undergo an 

additional safety and suitability review 

simply to obtain a duplicate credential 

with the same expiration date as the lost 

credential is unnecessary. A mariner 

who has undergone a safety and 

suitability review to obtain his or her 

five-year credential should not have to 

undergo an entirely new review, and the 

time associated with that review, simply 

because he or she lost the first 

credential. Changes have been made in 

this SNPRM to sections 10.211(b) and 

10.229(f) to remove that requirement. 

This change should result in a reduction 

in the processing time for duplicate 

credentials. 

The Coast Guard disagrees that 

mariners seeking renewals should be 

exempt from a safety and suitability 

review or that they should be subjected 

to a lesser standard. As an example, an 

officer could be involved in a DUI in 

year three of his credential, and in year 

four, he or she could be convicted of 

another. Under the existing and 

proposed regulations, that mariner 

would no longer be eligible for a license 

or MMC with an officer endorsement. 

Exempting that mariner from the safety 

and suitability review at renewal would 

prohibit the Coast Guard from learning 

of those DUI offenses. The Coast Guard, 

industry and international community 

rely on the safety and suitability review 

in the credential application process to 

ensure that merchant mariners working 

aboard commercial vessels do not 

present a safety hazard, and that they 

actually have the qualifications 

necessary to serve in their applicable 

grade and/or rating. Simply because a 

mariner was deemed safe and suitable at 

the initial application for their 

credential does not mean that they 

should be held to a lesser standard for 

the remainder of their career. To do so 

would essentially make the expiration 

date on the credential meaningless. 

Subjecting renewal applicants to a lesser 

standard would only increase the 

possibility of more safety incidents at 

sea, which is something the Coast Guard 

is working hard to prevent. 

The Coast Guard sees a need for, and 

a value in, each and every one of its 

safety and suitability related 

disqualifying offenses and qualification 

requirements. Creating a lesser standard 

or removing them entirely for renewals 

would almost certainly lead to an 

increase in safety incidents, and would 

not be in the best interests of safety of 

life at sea. 

32. Suspension and Revocation 

One commenter was concerned about 

the effect that suspension or revocation 

would have on the remaining 

endorsements to a mariner’s MMC when 

some, but not all of that mariner’s 

endorsements are suspended or 

revoked. 

Amendments have been made to 46 

CFR 10.235(b) and (d) to address this 

issue. If one or more of a mariner’s 

endorsements are revoked, the Coast 

Guard will issue an MMC containing 

any remaining endorsements for which 

the holder is qualified. 

33. Safety and Suitability 

We received one comment that sought 

a change in the suspension period for 

operating a vessel under the influence of 

illegal drugs to greater than one year 

and an increase in the assessment 

period so that it is longer than that 

applied to shore-based violations. 

This recommendation is beyond the 

scope of this rulemaking, which is not 

intended to alter the safety and 

suitability assessment requirements. 

This rulemaking is intended only to 

make those changes necessary to 

consolidate the credentials, and 

streamline the application process. This 

recommendation may be considered, 

however, in future rulemaking projects. 

We received two comments that 

requested the Coast Guard recognize 

expungements. 

Like the comment discussed above, 

this comment is outside the scope of 

this rulemaking; however, the reason 

the Coast Guard does not automatically 

recognize expungements is that each 

State varies in the crimes and associated 

time periods after which they will grant 

record expungements. Some States grant 

expungements in a shorter time period 

than the assessment periods in 

subchapter B. Because there is no set 

national standard for expungement of 

State crimes within our assessment 

period, the Coast Guard has chosen to 

continue to review criminal records 

regardless of expungement. 

One commenter requested that the 

Coast Guard provide an exact 

methodology and judgment criteria for 


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our safety and suitability review and 

how it is affected by TWIC. 

The Coast Guard’s safety and 

suitability review will not be affected by 

TWIC other than that if a mariner is not 

granted a TWIC he or she cannot be 

granted an MMC, therefore making the 

Coast Guard’s safety and suitability 

determination unnecessary. The TWIC 

will remove the security review from 

the Coast Guard’s credentialing process, 

but it will not otherwise affect the Coast 

Guard’s determination as to whether an 

individual is a safe and suitable person 

to serve in the merchant marine. The 

crimes that will prohibit an applicant 

from receiving a TWIC are no more 

expansive than those that would 

prohibit an applicant from receiving an 

MMD or license under the Coast Guard’s 

current regulations. 

With respect to the methodology and 

judgment criteria for our safety and 

suitability review, the Coast Guard has 

the authority to review an applicant’s 

safety and suitability under Chapters 71 

and 73 of Title 46, United States Code. 

To determine whether a mariner is a 

safe and suitable person, the Coast 

Guard reviews that applicant’s full 

application material. All training, sea 

service, medical evaluations, records, 

and criminal records are reviewed for 

this determination. A person fails to 

meet the safe and suitable person 

standard when the circumstances 

indicate that the person’s character and 

habits of life would support the belief 

that permitting such a person to serve 

under the credential 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. The definition for ‘‘safe and 

suitable person’’ in 46 CFR.107 has been 

modified in this SNPRM to include 

these judgment criteria. 

34. Miscellaneous Comments Outside 

the Scope of This Rulemaking 

We received two comments 

requesting that we include well-control 

training program provisions to 46 CFR 

10.470. 

This request is outside the scope of 

this rulemaking as it does not involve 

the consolidation of credentials or the 

process for reviewing mariner credential 

applications. The Coast Guard has 

chosen not to include these program 

provisions in the regulations at this 

time. 

We received one comment requesting 

the Coast Guard to revise the tonnage 

service requirements for license 

upgrades. 

This too, is beyond the scope of this 

rulemaking; however, it will be 

addressed in the upcoming STCW 

rulemaking project. 

We received one comment requesting 

consistency with respect to the 12-hour 

service time requirement. 

Such a change is beyond the scope of 

this rulemaking; however, the Coast 

Guard has recently disseminated 

guidance to our application evaluators 

on this issue to assist in the consistent 

application of the 12-hour service time 

requirement. Additionally, in this 

SNPRM we have removed the language 

from the definition of ‘‘day’’ in 46 CFR 

10.107. 

35. Support for the Rulemaking 

The Coast Guard received the 

following comments in support of the 

NPRM: 

27 comments agreed with the need for 

increased rational national security 

measures. 

One comment supported the proposal 

to renew credentials by mail. 

One comment supported the proposal 

to allow oaths to be taken before a 

notary public and be submitted by mail. 

Two comments supported the 

consolidation of credentials into one 

document and the associated $45 

reduction in cost associated with 

renewing multiple credentials. 

One comment supported the five year 

phase in period, saying that it will 

greatly reduce the backlog of 

applications and give mariners the 

opportunity to complete the process at 

a convenient time. 

Three comments supported the 

proposal for numerous mobile 

enrollment centers and the associated 

ease in staff burdens at the RECs. One 

of those commenters also encouraged 

TSA to establish an enrollment facility 

at large refineries and petrochemical 

facilities. The location of TSA’s 

enrollment facilities are discussed in the 

TWIC rulemaking. 

18 comments were generally in favor 

of consolidating the merchant mariner 

credentials, and four of those comments 

went further to state that in general, the 

changes proposed to the MMC are 

beneficial to the mariner and include 

several positive features that will make 

the systems simpler and more user 

friendly. 

One comment encouraged the sharing 

of information between the Coast Guard 

and TSA. 

One comment stated that the option to 

renew MMCs at any time prior to the 

expiration of the old credentials is 

common sense and more convenient for 

mariners. 

36. Travel 

We received one comment that sought 

an increase in the number of application 

and examination centers; one comment 

that showed a general confusion about 

the appearance requirement; and 10 

comments complaining about the heavy 

burden on mariners caused by the 

requirement to travel to an REC. 

If this proposed MMC regulation goes 

into effect, mariners will only have to 

travel to the REC if an examination is 

required. The MMC application process 

could be done entirely by mail. There 

would no longer be a requirement to 

appear at one of the 17 RECs at least 

once in the application process. Instead, 

mariners are required by the TWIC rule 

to travel to one of the approximately 125 

TWIC enrollment centers spread across 

the country. It is expected that there 

will be approximately 125 TWIC 

enrollment centers for initial rollout, 

however, the exact number, their 

locations, and the number that will 

remain in operation after initial roll out 

has yet to be determined. This 

information will not be known until a 

contract is awarded, but the Coast Guard 

is working with TSA to locate them in 

areas that will reduce the travel burden 

on mariners. 

The TWIC/MMC enrollment process 

would work like this: To begin, a 

mariner would have the option of going 

online to provide pre-enrollment 

information for the TWIC to reduce the 

amount of time at the TWIC enrollment 

center. They would then travel to one of 

the many TWIC enrollment centers to be 

fingerprinted, photographed, show 

proof of ID and complete the TWIC 

application process. At any time after 

they have applied for their TWIC, the 

mariner would be able to mail his or her 

MMC application to the Coast Guard. 

The Coast Guard would then contact 

TSA to obtain electronic copies of the 

applicant’s fingerprints, photograph, ID, 

and if applicable criminal record, FBI 

number and proof of alien status. If an 

examination is required, the mariner 

would be contacted to schedule the 

examination after the initial evaluation 

is completed. Once the TWIC has been 

issued, the MMC application approved, 

and the examination(s), if necessary, are 

completed, the MMC would be mailed 

to the applicant. 

The RECs would remain open and 

mariners would be allowed to apply in 

person or seek assistance from REC 

personnel if they choose. Although the 

RECs would remain available to the 

mariner, mandatory appearance would 

no longer be required. This proposed 

change should result in a cost savings to 

mariners. The reduction in burden and 

the expected cost benefits from this 

proposed rulemaking are discussed 

further in the Regulatory Evaluation 

section below. 


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We received one comment seeking 

more detail on how mariners can select 

an application location. 

The TWIC enrollment center locations 

will be established by TSA. Just like the 

current process with Coast Guard RECs, 

merchant mariners would be allowed to 

appear at any TWIC enrollment center 

they choose. TSA will be conducting 

initial enrollment on a rolling basis, 

standing up enrollment centers in 

different locations in phases. Merchant 

mariners are allowed to visit any of the 

TWIC enrollment centers at any time 

during the 18 month initial enrollment 

period. Some vessels or facilities may 

begin to use the TWIC for access control 

once enrollment has been completed in 

their geographic location. Because 

mariners are inherently mobile, they 

may need to visit one of the vessels or 

facilities that begin to use TWIC earlier 

in the initial enrollment period and a 

temporary exception has been created 

that will allow unescorted access to 

vessels and facilities with MMD or 

picture identification in addition to 

license or COR. This temporary 

exception only applies during the initial 

roll out period. All credentialed 

merchant mariners must obtain a TWIC 

by September 25, 2008. For more 

information on TWIC enrollment and 

the implications for merchant mariners, 

please read the TWIC final rule 

published elsewhere in today’s Federal 

Register. 

37. Vetting 

One comment requested that the 

Coast Guard remove 46 CFR 10.211(e) 

because it applies to security vetting 

and mariners are entitled to disclosure 

of the reason for denial in all cases. 

We agree in part. The entire paragraph 

has not been removed, but it has been 

amended. The language in question was 

inserted in the NPRM in case an 

applicant was refused a credential based 

on confidential national security 

information that was not releasable to 

the public, or even to the applicant. If 

this rulemaking becomes effective, the 

Coast Guard would only be vetting 

mariners for safety and suitability, no 

longer making a determination as to 

security threat, so there should not be a 

situation in which we would encounter 

such a protected reason for denial. 

Accordingly, paragraph 10.211(e) has 

been amended in this SNPRM to remove 

the words: ‘‘unless the Coast Guard 

determines that such disclosure of 

information is prohibited by law, 

regulation, or agency policy’’. The 

language also appeared at 46 CFR 

10.237(b) in the NPRM. That section has 

been moved in this SNPRM to 46 CFR 

10.237(a) and has also been revised to 

remove this language. 

One comment requested that the 

Coast Guard ensure consistency 

between the TWIC and MMC with 

respect to homicide. 

In this instance, the Coast Guard 

believes that the inconsistency in the 

disqualifying crimes for TWIC and the 

MMC is appropriate. The TWIC regards 

murder as a permanently disqualifying 

crime for security vetting under 49 CFR 

1572.103 of the proposed TWIC 

regulations. As with the current 

hazardous materials endorsement 

regulations, TWIC applicants will be 

allowed to seek waivers of disqualifying 

crimes. With respect to the hazardous 

materials endorsement, these waiver 

requests have been frequently granted. 

The Coast Guard has consistently split 

homicide into the categories of 

intentional (i.e., murder) and 

unintentional, with the assessment 

period for intentional homicide being a 

minimum of 7 to a maximum of 20 

years. This assessment period has not 

been changed in these proposed 

regulations. 

The crimes listed in 46 CFR table 

10.211(g) rarely overlap with the TWIC 

disqualifying crimes, but when they do, 

it is because that crime has a link to 

national security as well as safety and 

suitability. The Coast Guard and TSA 

would be reviewing these crimes for 

very different purposes. A record that 

may not rise to the level of a national 

security threat may rise to the level of 

a safety risk. The Coast Guard believes 

that we must retain those crimes that 

have a nexus to safety in the event that 

they are waived by TSA after the 

determination that the individual does 

not pose a threat to national security. 

Because of the remote locations and 

isolation associated with the mariner’s 

workplace, the Coast Guard intends to 

continue reviewing intentional and 

unintentional homicide convictions in 

our safety and suitability review as we 

have for decades. 

One comment stated that the Coast 

Guard should accept the American 

Bureau of Shipping (ABS) identification 

process and background check as 

meeting the TWIC process and issue 

TWIC cards based on it. 

The background check and issuance 

of the TWIC is outside the scope of this 

rulemaking. Discussion of the TWIC 

background check and requirements for 

issuance can be found in the TWIC final 

rule published elsewhere in today’s 

Federal Register. 

One commenter stated that the 

current vetting process conducted by 

the Coast Guard for mariners meets or 

exceeds the standards of the hazardous 

materials endorsement vetting process 

proposed for TWIC. We also received 

one comment that the Coast Guard 

should enhance our vetting process to 

meet the requirements of 46 U.S.C. 

70105. 

Since February 3, 2003 for MMDs, 

and January 13, 2006 for licenses, the 

Coast Guard vetting process has met the 

TWIC vetting standards with respect to 

merchant mariners. Because of this, we 

have worked with TSA to create an 

exemption from the criminal record 

review and a related reduction in the 

TWIC application fee for mariners 

holding credentials issued after those 

dates. To remove the duplication of 

effort, and reduce the size of the MMC 

review process, this SNPRM would 

completely remove the Coast Guard’s 

security vetting process and transfer that 

review entirely to TSA. MMDs and 

licenses do not, however, meet the 

standards for the 46 U.S.C. 70105 

mandated biometric identity credential. 

For the reasons discussed above in 

‘‘Format of the MMC’’, the MMD, 

license and proposed MMC will not be 

able to meet the format and readability 

standards that would exist with the 

TWIC. 

We received 41 comments stating that 

the Coast Guard and TSA should not 

conduct duplicate background checks. 

We received five additional comments 

that only one background check should 

be conducted and that it should be done 

by the Coast Guard, and one comment 

generally objecting to the Coast Guard 

conducting background checks. We 

received one comment that the Coast 

Guard and TSA should not conduct 

duplicate identity verification. 

At this time, the option of having 

either TSA or the Coast Guard conduct 

all required background checks for 

individuals who require both an MMC 

and the TWIC is not feasible. TSA has 

established a system and process for 

ensuring individuals applying for the 

TWIC undergo a consistent security 

threat assessment and the USCG already 

has the authority and process in place 

for conducting the required safety and 

suitability checks for mariners. To 

create a new and unique system of 

background checks for approximately 

one fifth of the expected initial TWIC 

population would create the need for 

additional infrastructure within one 

agency and raise costs for the 

government and the entire TWIC 

population. In addition, the Coast Guard 

has more expertise and authority over 

the merchant marine than TSA and is in 

a much better position to determine 

whether an applicant is safe and 

suitable to serve in the merchant marine 

at the grade or rating sought. At this 


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time, the most efficient and cost 

effective method available for issuing 

TWICs to credentialed mariners is to 

have TSA conduct the security threat 

assessment and issue the identity 

document (TWIC) while the USCG 

issues qualifications on the MMC. 

In addition, requiring only one 

criminal record review for both security 

and safety related crimes by one agency 

would negatively impact mariner 

flexibility. If only one background check 

were to occur, mariners would be 

required to apply for their MMC only at 

the time they applied for their TWIC. As 

currently proposed, the MMC and TWIC 

expiration dates need not align. This 

allows an individual who works at a 

port to decide later that he or she wants 

to become a merchant mariner. In 

addition, for those mariners who 

already hold a MMD, license or COR, 

they need not renew their credential 

upon the initial issuance of their TWIC 

because the effective period of their 

current credential is not affected by this 

proposed regulation. If we were to 

require only one background check by 

TSA for all mariners, the mariner 

credential would have to come into line 

with the expiration date of the TWIC. 

Requiring mariners who already hold 

credentials to renew so that their 

credential’s expiration date matches 

their TWIC expiration date is currently 

impossible from a legal standpoint due 

to the statutory requirement that 

licenses and MMDs have a five year 

validity period under 46 U.S.C. 7106 

and 46 U.S.C. 7302. Such a requirement 

would inherently shorten that five year 

duration. Finally, requiring only one 

security/safety/suitability criminal 

record review by TSA at the time of 

application would affect individuals 

who would like to seek raises in grade 

or new endorsements on their MMC 

during the five year validity period. The 

list of disqualifying offenses for officers 

is more extensive than that for ratings. 

Requiring TSA to run a new background 

check simply to determine a mariner’s 

safety and suitability, when a TWIC 

application is not in process, would be 

improper. 

Finally, both agencies will not verify 

the applicant’s identity. The applicant 

will show proof of identity to TSA who 

will then share that identity information 

with the Coast Guard. The Coast Guard 

will trust TSA’s identity verification 

determination. The only reasons we will 

require the identity information from 

TSA are (1) We need to affix the 

mariner’s photograph to the MMC; (2) 

we need to verify the individual’s age 

before issuing certain endorsements; 

and (3) we need to verify that the 

applicant meets the citizenship 

requirements for the endorsement 

sought because the citizenship 

requirements for the MMC are more 

strict than those required for the TWIC. 

The citizenship requirements for the 

MMC are established by statute in 46 

U.S.C. chapters 71 and 73, and appear 

in proposed 46 CFR 10.221. These 

requirements have not been changed 

from the current citizenship 

requirements for MMDs, licenses or 

CORs. 

On October 17, 2006, Congress passed 

the John Warner National Defense 

Authorization Act for Fiscal Year 2007 

(Pub. L. 109–364). In that Act, Congress 

amended 46 U.S.C. 8103 to permit an 

alien allowed to be employed in the 

U.S. under the Immigration and 

Nationality Act who meets additional 

requirements for service as a steward 

aboard large passenger vessels to obtain 

an MMD. Although language has not 

been proposed in this rulemaking to 

address this new statutory authority, the 

Coast Guard is aware of it and is 

initiating a separate rulemaking to 

address these new requirements. 

We received three comments 

expressing concern that the TWIC 

background check will prevent an 

individual from obtaining an MMC. 

With very few exceptions, the TWIC 

requirements are equal to, if not less 

than, those requirements currently in 

Coast Guard regulations for MMDs, 

licenses and CORs. Furthermore, TWIC 

applicants are allowed to seek a waiver 

of any disqualifying offense, and 

appeals of negative waiver 

determinations are determined by an 

Administrative Law Judge. By the 

language of 46 U.S.C. 70105, ‘‘The 

Secretary shall issue a biometric 

transportation security card to an 

individual specified in paragraph (2), 

unless the Secretary decides that the 

individual poses a security risk under 

subsection (c) warranting denial of the 

card.’’ If, under the current Coast Guard 

regulatory program, an individual 

applies for a MMD, license, COR or 

STCW endorsement, and that individual 

is deemed a security risk, the 

individual’s application will be denied. 

If the individual is deemed ineligible for 

a TWIC, they should not be granted an 

MMC. 

We received one comment expressing 

concern that applicants would be able to 

get a TWIC but would be denied an 

MMC because of higher standards. 

The standards for the MMC and the 

TWIC are intentionally different, 

because the intent and purpose of the 

credentials are different. The TWIC is 

intended to prevent individuals who 

pose a terrorism security risk from 

gaining access to secure areas of title 33 

CFR Subchapter H regulated vessels and 

facilities. The MMC, however, is 

intended to serve as a certificate of 

identity and a certificate of service, 

specifying the grade and rating in which 

the holder is qualified to serve on board 

commercial vessels. More individuals 

will qualify to receive a TWIC (because 

they do not pose a security risk) than 

would possess all of the qualifications 

necessary to serve as a merchant 

mariner aboard commercial vessels. 

The qualification standards for the 

MMC have been kept, in large part, the 

same as those that are currently required 

to obtain an MMD, license, COR or 

STCW endorsement. With few 

exceptions as set out in this SNPRM, 

and the NPRM published May 22, 2006 

in the Federal Register at 71 FR 29462, 

the standards for mariners have 

remained the same. Just as in the 

current regulations, if a mariner poses 

either a safety risk, or a security risk, he 

or she would be denied a mariner 

credential. Higher qualification 

standards are necessary for the MMC 

than for the TWIC as it will include a 

safety and suitability assessment due to 

the inherently dangerous nature of a 

career in the merchant marine, and the 

remote location and isolated workplaces 

associated with maritime transportation. 

We received two comments that 

mariner fingerprints are already on file 

with the Coast Guard and therefore 

there should be no need for mariners to 

travel to a TWIC enrollment center to 

provide them again. 

Although mariners are currently 

required to visit Coast Guard RECs to be 

fingerprinted, because the Coast Guard 

has had no use for the fingerprints other 

than to obtain the applicant’s Federal 

Bureau of Investigation (FBI) criminal 

record, these fingerprints are not stored 

by the Coast Guard. The fingerprint 

images are immediately transferred to 

the FBI for processing, where they 

become property of the FBI. These 

fingerprints are not returned to the 

Coast Guard. 

We received one comment that MMCs 

should not be denied based on statutes 

that impose strict criminal liability or 

liability based upon ordinary negligence 

or criminal violations of environmental 

law. 

We disagree. The crimes listed in 46 

CFR 10.211(g) were not changed from 

the Coast Guard’s current credentialing 

regulations, because of their nexus to 

safety and the determination of 

suitability for the merchant marine. The 

only crimes that do not appear in these 

proposed regulations but exist in our 

current regulations are those involving 

national security. Those crimes would 

be removed because TSA is reviewing 


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them and the Coast Guard does not need 

to conduct a duplicate review of those 

offenses. 

As for crimes based on statutes that 

impose strict criminal liability or 

liability based on ordinary negligence, 

the Coast Guard has determined that 

lack of intent should not exempt 

individuals from being considered a risk 

to safety or considered unsuitable for 

the rank or rating sought. Acting 

negligently, or failing to take reasonable 

care to meet a specific standard of 

conduct established to protect against 

an unreasonable risk of harm to others, 

resulting in a conviction for one or more 

of the offenses listed in 10.211(g) is 

certainly behavior that could denote an 

increased likelihood that the individual 

could pose a risk to safety. Furthermore, 

engaging in inherently dangerous 

activity is typically associated with 

strict liability crimes, and shows that 

the individual is likely to act in reckless 

or risky behavior that could result in a 

safety incident or otherwise make the 

individual unsuitable for the merchant 

marine. 

Finally, the Coast Guard believes that 

individuals who have criminal 

violations of environmental laws 

involving the improper handling of 

pollutants or hazardous materials could 

pose a risk to the safety of the 

environment and could be unsuitable to 

serve in the merchant marine. 

Individuals with prior records of 

improper handling of pollutant 

materials have an increased likelihood 

of causing further damage to the 

environment if provided access to the 

large amount of pollutant material and 

possibly hazardous material aboard 

commercial vessels. The disqualifying 

criminal offenses have not been altered 

in this proposed rulemaking with 

respect to criminal violations of 

environmental laws. 

We received four comments that 

opposed the Coast Guard’s requirement 

for self disclosure of criminal 

convictions. 

The Coast Guard disagrees, and has 

not eliminated the requirement for 

applicants to disclose possible or actual 

disqualifying crimes for several reasons. 

First, there is no guarantee that an arrest 

and conviction are documented in 

automated police records, particularly 

those police records maintained at the 

State and local levels. Disclosure of this 

information provides the Coast Guard 

the ability to know where to start 

looking in the correct Federal, State or 

local databases, either electronically or 

by mail, if records are not accessible 

through electronic means. Second, 

people assume new identities to either 

hide on-going or past criminal activities, 

or just as a matter of course (marriage, 

nickname, etc.) which makes it difficult 

to locate records and verify that they 

actually relate to the applicant. Third, 

there is no worldwide criminal record 

database. Without personal disclosure of 

foreign convictions, it is extremely 

difficult for the Coast Guard to know 

which countries to approach for records. 

Finally, requiring full disclosure from 

applicants supported by background 

checks demonstrate that the Coast 

Guard is putting as many processes in 

place as possible to ensure that the 

highest standards are met before issuing 

something as important as merchant 

mariner credentials. We welcome 

comments on the possibility of limiting 

this disclosure requirement to only 

those convictions not previously 

disclosed on a merchant mariner 

application. 

B. Recommendations From Advisory 

Committees 

The following recommendations were 

received from the Towing Safety 

Advisory Committee: 

1. Extend the Public Comment Period 90 

Days 

As discussed above, in lieu of 

extending the public comment period 

on the NPRM 90 days, we have 

published this SNPRM addressing the 

comments already received, and 

providing additional changes to the 

proposed regulation in light of those 

comments. A 90 day comment period 

has been provided for this SNPRM. 

2. Provide for Additional Public 

Meetings in the Gulf Coast, Great Lakes 

and Northwest 

We encourage public participation in 

this rulemaking, however, the Coast 

Guard received a relatively small 

number of comments on this rulemaking 

during the joint TWIC/MMC public 

meetings held in May and June 2006, 

and additional public meetings will not 

be held on the TWIC rulemaking project 

during the 90 day comment period for 

this SNPRM. For those reasons, the 

Coast Guard does not intend to hold 

additional public meetings on this 

rulemaking at this time. 

Written and oral comments are given 

equal weight in the rulemaking process. 

Please submit written comments to the 

docket for this rulemaking project, 

which is available by conducting a 

simple search for docket number 24371 

at http://www.dms.dot.gov. If, after 

reading this SNPRM, you believe that 

additional public meetings would be 

beneficial, please submit a request to the 

docket explaining why one would be 

beneficial. If the Coast Guard 

determines that additional public 

meetings would aid this rulemaking, we 

will provide advance notice in the 

Federal Register. 

The following recommendations were 

received from the Merchant Marine 

Personnel Advisory Committee 

(MERPAC): 

1. MERPAC strongly recommends that 

TSA remove mariners from the TWIC 

project. TSA should modify the existing 

credential that most mariners already 

have, as this document, with the photo 

of each mariner already meets the 

standards called for in 46 U.S.C. 70105. 

By updating and creating new 

biometrics in the existing MMD, or 

creating a new MMC, mariners could 

meet the intent of TSA without the 

duplicative effort of the TWIC. 

Through 46 U.S.C. 70105, Congress 

has directed the Secretary of the 

Department of Homeland Security to 

issue a biometric transportation security 

card to all individuals who need 

unescorted access to secure areas 

designated in a vessel or facility security 

plan; individuals issued credentials 

under part E of subtitle II of Title 46 

U.S.C. (credentialed mariners); vessel 

pilots; individuals working on a towing 

vessel that pushes, pulls, or hauls 

alongside a tank vessel; certain 

individuals with access to security 

sensitive information; and other 

individuals engaged in port security 

activities. 

The House Committee Report, written 

when the statute was still a bill, but 

contained the language that was passed, 

states ‘‘Section 70105 establishes a 

national standard for issuance of 

biometric transportation security cards 

whose purpose is to control access to 

secure terminal areas to only authorized 

personnel.’’ The Department of 

Homeland Security has interpreted this 

language, and the language of the statute 

itself, to exhibit a Congressional intent 

that the Secretary create a single 

biometric identification credential. This 

national biometric transportation 

security card is to be used at all 33 CFR 

Subchapter H regulated vessels and 

facilities by everyone to whom the 

statute applies. Such a uniform 

requirement would improve security 

and reduce fraud through the creation of 

a single, recognizable identity credential 

instead of multiple credentials that 

would be dependant on the type of 

function that the individual would serve 

at the vessel or facility. 

The population of individuals 

covered by 46 U.S.C. 70105 includes a 

large number of individuals outside of 

the merchant marine. Altering the MMD 

to include biometric capabilities would 

not only fail to satisfy the requirement 


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for all of the people to whom the 

Secretary must issue the credential, but 

it would not even cover the entire 

population of mariners that are affected 

by the statutory mandate. Altering the 

MMD to include biometric capabilities 

would cover only those people who 

carry an MMD. As of December 31, 

2005, of the total estimated 205,000 

merchant mariner population, 67,637 

held only an MMD; 41,343 mariners 

held both a license and MMD; and 

27,790 mariners held a license, MMD 

and STCW endorsement (the remainder 

hold a license only, which is not an 

identity document). 

Allowing the MMD to serve as an 

alternate to TWIC would violate this 

concept of a single uniform nation-wide 

credential for all. Also for this reason, 

we have opted not to consolidate the 

merchant mariner credentials into the 

MMC with a biometric chip. Although 

this option would be more expansive 

because it would at least create a 

uniform biometric credential for all 

merchant mariners, it would not reach 

the other categories of people included 

under the 46 U.S.C. 70105 requirement, 

and would therefore violate the intent 

and benefits that could be derived from 

a single nation-wide standard. 

There are many other reasons why the 

Department of Homeland Security has 

chosen not to place a biometric on the 

MMD or MMC in an attempt at 

satisfying this statutory mandate. One of 

these reasons is cost. The process 

proposed in this SNPRM would allow 

all mariners to apply for their MMC 

entirely by mail. Mariners would apply 

for their TWIC by going to one of the 

over 125 TWIC enrollment centers to be 

fingerprinted, photographed, show 

proof of identification and citizenship 

status. TSA would then share this 

information electronically with the 

Coast Guard. This proposed regulation 

would result in a cost savings for 

mariners because it would completely 

remove the need for all mariners to 

travel to one of the 17 Coast Guard 

RECs. As proposed, the Coast Guard 

would no longer conduct identity 

verification and security vetting. If the 

MMD or MMC was to be re-vamped to 

include a TWIC-like biometric chip, 

then those mariners who would get the 

MMD or MMC would have to travel to 

one of the 17 RECs, instead of the 125 

TWIC enrollment centers, to submit 

their application information. This 

would be more of an inconvenience to 

the mariner as 125 locations are more 

likely to provide a shorter travel 

distance than the Coast Guard’s current 

17 REC locations. 

TWIC enrollment centers are for the 

gathering of information from TWIC 

applicants only. Even if that were not 

the case, the collection of application 

information, security vetting and the 

maintenance of the database make up 

most of TSA’s TWIC program expenses. 

The only cost that would be saved if 

mariners were allowed to apply there 

but not required to actually hold a TWIC 

would be the actual production cost of 

the TWIC card itself. Because those 

expenses must be recovered in user fees, 

this would result in a fee to mariners 

even if a TWIC card wasn’t actually 

issued. 

Adding a chip to either the MMD or 

MMC would also add costs. Adding a 

biometric chip to either the MMD or 

MMC would be more expensive to 

produce. Right now, this SNPRM does 

not propose to change the fees for the 

MMC from those that are currently 

charged for the license and MMD. If the 

Coast Guard changed the MMD or MMC 

to conform to the TWIC technology, the 

cost of the credential would increase. 

The final option considered was to 

incorporate all of the merchant mariner 

qualification information onto the 

TWIC. This is a goal that the Coast 

Guard hopes to reach some time in the 

future; however, it is simply not feasible 

at this time. STCW requires foreign port 

state control officers to be able to read 

a mariner’s qualification credentials, 

and not all countries have the ability to 

read smart cards. It is impractical, and 

for some it may be impossible, to print 

all of the information that will appear 

on an MMC on the face of the TWIC. At 

some point in the future the Coast 

Guard hopes that new technology will 

be available, costs will be reduced, and 

international capabilities will exist to 

make this a viable alternative. 

For these reasons, the Coast Guard 

and TSA have opted to present two 

separate, but linked credentials: a TWIC 

as the biometric security card required 

in 46 U.S.C. 70105, and the MMC as the 

consolidated qualification credential for 

merchant mariners. 

2. Given the size, complexity, and 

impact of these three rulemaking 

proposals, MERPAC recommends an 

extension of the comment period for at 

least another ninety days. For example, 

many U.S. mariners are onboard vessels 

for over three months at a time. They 

will not have an opportunity to 

comment under this truncated comment 

period. U.S. mariners are low-risk, there 

does not seem to be any overriding 

national security interest that would 

necessitate such a short comment 

period. It is better to implement it 

correctly the first time. 

We agree with the need to provide 

merchant mariners additional time to 

comment on these complex regulations. 

For that reason, we have published this 

SNPRM, addressing the comments 

received to date and republishing the 

complete proposed regulatory text 

reflecting changes made in light of those 

comments. The Coast Guard has 

provided a 90 day comment period to 

collect comments to this SNPRM. 

3. MERPAC recommends that the 

Coast Guard delay implementation of 

the MMC, separating the 

implementation of the MMC from the 

TWIC implementation, until the TWIC 

program is deemed successful. 

Delay has been built into the timeline 

for the proposed implementation of this 

rulemaking. If made effective, the 

proposed regulations in this MMC 

SNPRM would not be implemented 

until approximately August 2008. This 

long delay before implementation has 

been proposed to allow all merchant 

mariners to obtain a TWIC before this 

proposed regulation would make it 

mandatory for the issuance of an MMC. 

The delay would also allow time for the 

Coast Guard to develop the form of the 

new credential and produce a sufficient 

supply before the date of issuance. 

Furthermore, the delay would provide 

time to build and test the system that 

will transmit each MMC applicant’s 

digital photograph, fingerprints, proof of 

identification, proof of citizenship, and 

if applicable, the applicant’s criminal 

record and proof of legal resident alien 

status to the Coast Guard from TSA. The 

protection of this personal data is 

extremely important to the Coast Guard 

and TSA and we have planned this 

delay to allow sufficient time to test the 

system to ensure the security of that 

data. In addition, the new credential 

would be phased in over a five year 

period. A mariner would not be 

required to obtain an MMC until he or 

she either chooses to renew or upgrade 

their current MMD, license, COR or 

STCW endorsement, or they chose to 

apply for an MMC after this proposed 

rule is made effective. We find any 

additional delay unnecessary. 

4. MERPAC believes that this 

rulemaking exceeds the authority of the 

Coast Guard to create a consolidated 

credential, eliminating the existing 

system of documents and licenses, 

without amending the existing U.S. 

Code. We believe that a more thorough 

review of this change and its effect on 

all aspects of licensing and application 

is needed. 

The proposed change will not affect 

the legal standing of merchant mariners. 

46 CFR 10.201 in the proposed 

rulemaking describes the characteristics 

and purpose of the MMC, explaining 

that it combines the elements of the 

MMD, COR, license and any other 


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required endorsements (such as STCW) 

into a single document. This is a valid 

exercise of the Coast Guard’s broad 

authority under 46 U.S.C. Part E, 

Chapters 71, 73, 75 and 77. With respect 

to licenses, 46 U.S.C. 7101 provides the 

Coast Guard authority to issue licenses 

to various classes of applicants found so 

qualified. The Code is not specific 

regarding the required form of the 

mariner’s credentials, including the 

license, allowing the Coast Guard to 

exercise discretion through the 

rulemaking process. 

‘‘Merchant Mariner Credential’’ is 

merely the term used to describe the 

certificate issued by the Coast Guard 

that incorporates the mariner’s license 

with the MMD and other endorsements 

into one document with endorsements 

to be listed on the document depending 

on the mariner’s qualifications. The 

term ‘‘Officer Endorsement’’ is merely 

the term used to describe the 

qualifications of the mariner, which are 

described as licenses in the current 

regulations. The mariner’s actual 

capacity to serve in the merchant 

marine as specified by the endorsements 

on the MMC is unchanged by this 

proposed rulemaking. 

5. Page 29464 of the May 22, 2006, 

proposed rule states that there are no 

changes to the qualifications, 

experience, examinations, classes and 

other requirements needed, and that this 

is just a reorganization of existing 

regulations. As there are new and 

changed requirements, such as physical 

standards and hearing standards, this 

statement should be honored and all 

changes removed. Accordingly, the text 

of 10.215 and Table 10.215(a) should be 

removed or corrected to assure that 

STCW standards are not incorrectly 

applied to domestic mariners. MERPAC 

believes this guidance to be confusing, 

incomplete, incorrect and damaging to 

the domestic mariners as written. 

The intent of that preamble statement 

in the NPRM was to advise that this 

rulemaking is intended to accomplish a 

reorganization of the regulatory text, 

amend the regulations to consolidate the 

MMD, license, COR, STCW 

endorsement, and consolidate the 

application procedures. Its purpose is 

not to overhaul the qualification, 

experience, training or other 

requirements set out in parts 10 and 12. 

It is true, however, that some 

substantive changes were necessary to 

accomplish this task. In addition, we 

acknowledge that there have been a 

number of proposed changes to the 

medical standards section (46 CFR 

10.215) that were not necessary for the 

consolidation, but were made to add 

clarification or improve upon the 

regulations. Many changes to section 

10.215 have been made in this SNPRM 

to remove changes that were proposed 

in the NPRM, or to alter those 

recommended changes. 

6. The Coast Guard needs to protect 

a mariner’s financial information by 

removing the requirement to place the 

applicant’s Social Security Number on 

the face of the form of payment. Fees 

should be collected by credit card 

through the mail or by phone. 

The requirement that applicants write 

their full social security number on the 

face of checks or money orders has been 

removed. The social security number 

requirement proposed in 46 CFR 10.219 

in the NPRM was carried over from our 

current regulations, but due to the 

increased concern over identity theft 

nationwide the Coast Guard is 

proposing an alternative in this SNPRM. 

Section 10.219(d)(4) has been revised to 

require that all checks and money 

orders contain the applicant’s full legal 

name and last four digits of their social 

security number. The full legal name is 

necessary to link the individual to the 

payment, and the last four digits of the 

social security number would be used to 

differentiate between mariners who may 

have common names. In addition, 

10.219(d)(2) has been revised in this 

SNPRM to propose credit cards as an 

acceptable form of payment. 

7. MERPAC suggests the removal of 

the language in section 10.211(e). Since 

the Coast Guard will not be conducting 

background checks for disqualification 

due to security and terrorism, this 

paragraph seems inappropriate. The 

language here states, ‘‘The applicant 

will be notified in writing of the reason 

or reasons for disapproval, unless the 

Coast Guard determines that the 

disclosure of information is prohibited 

by law, regulation or agency policy, in 

which case the reason(s) will not be 

disclosed.’’ Mariners are entitled to due 

process, and denial based on the crimes 

in table 10.211(g) should be transparent 

to the mariner, in order to respond with 

the appeal that this rule authorizes. 

We agree. The first portion of that 

statement in 10.211(e) was retained in 

this SNPRM, but the second half was 

removed. The language in question was 

inserted in the NPRM in case an 

applicant was refused a credential based 

on confidential national security 

information that was not releasable to 

the public, or even to the applicant. If 

this rulemaking becomes effective, the 

Coast Guard would only be vetting 

mariners for safety and suitability, no 

longer making a determination as to 

security threat, so there should not be a 

situation in which we would encounter 

such a protected reason for denial. 

Accordingly, paragraph 10.211(e) has 

been amended in this SNPRM to remove 

the words: ‘‘unless the Coast Guard 

determines that such disclosure of 

information is prohibited by law, 

regulation or agency policy’’. The 

language also appeared at 46 CFR 

10.237(b) in the NPRM. That section has 

been moved in this SNPRM to 46 CFR 

10.237(a) and has also been revised to 

remove this language. 

8. Section 10.217 allows the Coast 

Guard to designate other Coast Guard 

locations to provide service to 

applicants for MMCs, and MERPAC 

applauds this addition. 

We appreciate this comment, and 

thank you for the recognition of this 

benefit. 

9. Section 10.225 states that mariners 

must surrender their old MMC, but 

10.227 states that the mariner can retain 

an expired document. Mariners should 

be allowed to keep expired documents 

and licenses. 

We agree and have revised 10.209(g), 

10.225(b)(5), 10.227(d)(4) and (e)(2)(i), 

10.223(c)(5), 10.231(c)(5), and 10.233(c) 

accordingly. The requirement to return 

credentials that are expired, invalid, or 

have been renewed remains; however, 

mariners may request in writing, at the 

time of submission, that the canceled 

credential be returned to them after 

cancellation. 

10. MERPAC recommends that the 

Coast Guard create an MMC that is 

convenient for the mariner. They should 

consider a small document that is either 

wallet sized, or resembles a passport, 

that is more durable and easier for the 

mariner to transport. 

Thank you for your support and 

assistance. We look forward to working 

with MERPAC as we develop the new 

credential. 

11. MERPAC recommends that the 

Coast Guard begin a new rulemaking 

that would harmonize the criminal 

background checks with TSA standards 

so that mariners are only subject to one 

background check, at one cost. The 

Coast Guard should use the same 

standards of criminal conviction as 

TSA. 

At this time, the option of having 

either TSA or the Coast Guard conduct 

all required background checks for 

individuals who require both an MMC 

and the TWIC is not feasible. TSA has 

established a system and process for 

ensuring individuals applying for the 

TWIC undergo a consistent security 

threat assessment and the USCG already 

has the authority and process in place 

for conducting the required safety and 

suitability checks for mariners. To 

create a new and unique system of 

background checks for approximately 


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one fifth of the expected initial TWIC 

population would create the need for 

additional infrastructure within one 

agency and raise costs for the 

government and the entire TWIC 

population. In addition, the Coast Guard 

has more expertise and authority over 

the merchant marine than TSA and is in 

a much better position to determine 

whether an applicant is safe and 

suitable to serve in the merchant marine 

at the rate or rating sought. At this time, 

the most efficient and cost effective 

method available for issuing TWICs to 

credentialed mariners is to have TSA 

conduct the security threat assessment 

and issue the identity document (TWIC) 

while the USCG issues qualifications on 

the MMC. 

In addition, requiring only one 

criminal record review for both security 

and safety related crimes by one agency 

would negatively impact mariner 

flexibility. If only one background check 

were to occur, mariners would be 

required to apply for their MMC only at 

the time they applied for their TWIC. As 

currently proposed, the MMC and TWIC 

expiration dates need not align. This 

allows an individual who works at a 

port to decide later that he or she wants 

to become a merchant mariner. In 

addition, for those mariners who 

already hold a MMD, license or COR, 

they need not renew their credential 

upon the initial issuance of their TWIC 

because the effective period of their 

current credential is not affected by this 

proposed regulation. If we were to 

require only one background check by 

TSA for all mariners, the mariner 

credential would have to come into line 

with the expiration date of the TWIC. 

Requiring mariners who already hold 

credentials to renew so that their 

credential’s expiration date matches 

their TWIC expiration date is currently 

impossible from a legal standpoint due 

to the statutory requirement that 

licenses and MMDs have a five-year 

validity period under 46 U.S.C. 7106 

and 46 U.S.C. 7302. Such a requirement 

would inherently shorten that five-year 

duration. Finally, requiring only one 

security/safety/suitability criminal 

record review by TSA at the time of 

application would affect individuals 

who would like to seek raises in grade 

or new endorsements on their MMC 

during the five-year validity period. The 

list of disqualifying offenses for officers 

is more extensive than that for ratings. 

Requiring TSA to run a new background 

check simply to determine a mariner’s 

safety and suitability when a TWIC 

application is not in process would be 

improper. 

Finally, the Coast Guard disagrees 

that the disqualifying crimes for the 

TWIC should match those for the MMC. 

The standards for the MMC and the 

TWIC are intentionally different as the 

intent behind the need for the 

credentials are diverse. The TWIC is 

intended to prevent individuals who 

pose a terrorism security risk from 

gaining access to secure areas of 33 CFR 

Subchapter H regulated vessels and 

facilities. The MMC, however, is 

intended to serve as a certificate of 

identification and a certificate of 

service, specifying the grade and rating 

in which the holder is qualified to serve 

on board commercial vessels. It should 

be inherently obvious that more 

individuals would qualify to receive a 

TWIC because they do not pose a 

security risk, than would qualify to 

serve as a merchant mariner aboard 

commercial vessels. 

The qualification standards for the 

MMC have been kept, in large part, the 

same as were required to obtain an 

MMD, license, COR or STCW 

endorsement. With few exceptions as 

set out in this SNPRM and the NPRM 

published May 22, 2006 in the Federal 

Register at 71 FR 29462, the standards 

for mariners have remained the same. 

Just as in the current regulations, if a 

mariner poses a safety risk, but not a 

security risk, he or she would be denied 

a mariner credential. Higher standards 

are necessary for the MMC as it will 

include a safety and suitability 

assessment due to the inherently 

dangerous nature of a career in the 

merchant marine, and the remote 

location and isolated workplaces 

associated with maritime transportation. 

12. MERPAC recommends that Coast 

Guard remove the self-disclosure 

portion of the application process. The 

TWIC search will discover sufficient 

criminal convictions that should be 

applied by both agencies. 

The Coast Guard disagrees, and has 

not eliminated the requirement for 

applicants to disclose possible or actual 

disqualifying crimes for several reasons. 

First, there is no guarantee that an arrest 

and conviction are documented in 

automated police records, particularly 

those police records maintained at the 

State and local levels. Disclosure of this 

information provides the Coast Guard 

the ability to know where to start 

looking in the correct Federal, State or 

local databases, either electronically or 

by mail, if records are not accessible 

through electronic means. Second, 

people assume new identities to either 

hide on-going or past criminal activities, 

or just as a matter of course (marriage, 

nickname, etc.) which makes it difficult 

to locate records and verify that they 

actually relate to the applicant. Third, 

there is no worldwide criminal record 

database. Without personal disclosure of 

foreign convictions, it is extremely 

difficult for the Coast Guard to know 

which countries to approach for records. 

Finally, requiring full disclosure of 

applicants supported by background 

checks demonstrate that the Coast 

Guard is putting as many processes in 

place to ensure the highest standards are 

met before issuing something as 

important as merchant mariner 

credentials. We welcome comments on 

the possibility of limiting this disclosure 

requirement to only those convictions 

not previously disclosed on a merchant 

mariner application. 

13. MERPAC has concerns about the 

appeal process, and encourages the 

agencies to further define and explain 

this process. We believe that the process 

as described will result in all of the 

expense and burden of proof being 

placed on the applicant, even if the 

information is found to be in error. 

There should be a recovery process for 

expenses if the applicant is denied a 

document due to mistakes made by the 

government. 

If an MMC is issued, unless the 

situation calls for temporary suspension 

under 46 U.S.C. 7702, or the 

circumstances call for suspension and 

revocation for a reason other than 

security, the Coast Guard would not 

begin suspension and revocation 

proceedings until we were notified that 

the applicant had fully exhausted his or 

her TSA appeal rights. If the Coast 

Guard is notified by TSA that final 

agency action has occurred and a 

mariner has either been denied a TWIC 

or their TWIC has been revoked, the 

Coast Guard would begin suspension 

and revocation action against the 

individual’s MMC. The suspension and 

revocation procedures for the MMC 

would remain the same as those 

presently used. The Coast Guard will 

not review a TSA decision regarding the 

issuance or revocation of a TWIC. 

Decisions regarding the issuance and 

revocation of TWICs are solely the 

responsibility of TSA. The Coast Guard 

does not have the authority to review, 

in any way, TSA decisions with respect 

to the issuance or revocation of TWICs. 

Language to this effect has been added 

to the proposed regulations in this 

SNPRM at 46 CFR 10.235(g) and 

10.237(c). 

The appeal processes for the MMC 

would remain the same as those 

presently used; the right of appeal for an 

applicant receiving an unfavorable 

decision during the application process 

remains in 46 CFR 1.03. The right of 

appeal associated with suspension and 

revocation remains as stated in 46 CFR 

5.701. The proposed regulations have 


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retained the paper appeal process for 

the Coast Guard’s refusal to issue an 

MMC. Similarly, if a mariner is issued 

a license or document, he or she would 

be a ‘‘holder’’ of that license or 

document, and would be given a 

hearing before an Administrative Law 

Judge (ALJ) before adverse action, such 

as suspension and revocation, would be 

taken against that credential. 

All appeals regarding the issuance or 

revocation of TWICs would be handled 

by TSA under the TWIC appeal process. 

That process involves a paper appeal for 

all denials, and the use of an ALJ for 

appeals of waiver decisions. For more 

information on the TWIC appeal 

process, please see the TWIC Final Rule 

published elsewhere in today’s Federal 

Register. 

Provisions for the reimbursement of 

costs to mariners after a successful 

administrative appeal will not be added 

to the regulations at this time. The right 

to administrative appeal is offered to 

mariners as a due process right. A cost 

recovery process is available to mariners 

under the Equal Access to Justice Act 

(Pl. 96–481). 

14. MERPAC recommends that Coast 

Guard redesign the rulemaking to assure 

that mariners can make application for 

their TWIC and their MMC 

simultaneously, allowing the two 

processes to move forward concurrently, 

and not make the mariner wait for the 

delivery and activation of the TWIC 

card before applying for their MMC. 

The Coast Guard agrees that 

processing the MMC only after the 

TWIC has been issued could potentially 

increase this backlog and be overly 

burdensome to the mariner. As a result, 

changes have been made 46 CFR 

10.225(b)(2) to allow new applicants to 

apply for their MMC if they can prove 

that they either hold a valid TWIC or 

have applied for one in the past 30 days. 

The MMC application could be 

processed simultaneously with the 

individual’s TWIC application. 

However, because of the Coast Guard’s 

need to obtain biometric and biographic 

information submitted by the applicant 

at a TWIC enrollment center, the TWIC 

application must be submitted before 

the MMC application. In addition, 

because of the need to ensure that the 

applicant’s identity has been verified 

and that he or she has been determined 

not to pose a security risk, the Coast 

Guard proposes to retain the 

requirement that the TWIC be issued to 

the applicant before an MMC would be 

issued. 

15. MERPAC recommends that the 

Coast Guard and TSA develop an 

interim clearance process, and that 

mariners be allowed to train and work, 

while awaiting a final determination. 

The Coast Guard has decided not to 

allow merchant mariners to serve prior 

to the issuance of their MMC. We have 

amended the proposed regulations to 

include concurrent applications, which 

should speed the application process, 

however, it is imperative that the Coast 

Guard verify that an individual has the 

required qualifications before they are 

allowed to serve aboard a commercial 

vessel. The potential risks to life and 

property and the inherently dangerous 

nature of a career in the merchant 

marine creates a heightened need to 

ensure that the individual is a safe and 

suitable person for the job in addition to 

the security review provided by the 

TWIC. Mariners are not allowed to 

obtain interim credentials under our 

current regulations, and we believe it 

would be inappropriate to create such 

an interim measure in these proposed 

regulations. 

In addition to the safety risk 

associated with allowing mariners to 

work without undergoing a full vetting 

process, there are also administrative 

burdens involved. In the past, the Coast 

Guard issued temporary MMDs to 

applicants who provided a letter from a 

shipping company stating that they 

would hire the person if the Coast 

Guard were to issue them an MMD. The 

process led to abuse and put the 

applicant in the position of trying to get 

a job before they had the proper 

credentials. Furthermore, the industry 

complained of added administrative 

overhead because they often issued a 

letter of commitment of employment to 

people who would sail for a short time, 

then quickly leave the industry. 

In the late 70’s or early 80’s, the Coast 

Guard issued temporary MMDs in the 

form of a letter that allowed an 

applicant to sail for six months during 

which he or she could decide if they 

wanted to remain a seafarer. No 

commitment of employment was 

required. This soon became an 

administrative burden on the Coast 

Guard. Mariners would sail for a short 

time then find better employment 

ashore and few continued to be 

employed at sea. The Coast Guard had 

many records of temporary issuance 

credentials with no closure because the 

applicant never returned to apply for a 

final MMD. 

For these administrative burden 

reasons, the safety concerns noted 

above, and because of the additional 

administrative overhead of having to 

prepare and issue a second MMC, the 

Coast Guard has chosen not to create an 

interim clearance process at this time. 

C. Additional Changes Made in This 

SNPRM 

Although not prompted by public 

comment or an Advisory Committee 

recommendation, the following changes 

have also been made to the proposed 

regulatory text published in the NPRM. 

This discussion does not include those 

changes that have already been 

discussed above. 

1. Purpose of Rules in This Part. 

(10.101) 

References to the Coast Guard 

verifying a mariner’s identity were 

removed from paragraphs (a) and (c). 

Paragraph (c) was modified to reference 

only the security vetting process of the 

TWIC, and a new paragraph (d) was 

created to collect the language removed 

from previous paragraph (c) regarding 

the requirements that a mariner be a safe 

and suitable person and qualified as to 

character and habits of life. 

2. Definitions in Subchapter B. (10.107) 

Small non-substantive tense, 

grammatical, or citation changes were 

made in some of the definitions. In 

addition to those minor changes, the 

following substantive changes have 

been made: 

Edits were made to the definition of 

the term ‘‘day’’ to remove confusion as 

to watchstanders. 

Edits were made to the definition of 

the term ‘‘directly supervised’’ to ensure 

that the definition only applies to those 

seeking a tankerman endorsement. This 

definition exists in our current 

regulations only once, in the part 

applicable only to tankermen at 46 CFR 

13.103. There is no current definition 

for the term ‘‘directly supervised’’ with 

respect to any other type of 

endorsement, and none has been created 

in this SNPRM. 

The definition for the term ‘‘invalid 

credential’’ was expanded to include the 

MMD, license, COR and STCW 

endorsement, not just the MMC, because 

during the five-year phase in period, 

mariners could hold any combination of 

these credentials. It was also revised to 

remove the words ‘‘or was issued 

fraudulently’’ as one of the reasons a 

credential could be invalid. Credentials 

should not be issued fraudulently, and 

if for some reason there is fraud 

involved in the application process that 

results in invalidation of the credential, 

except for the originally issued 

credential, it will occur after a 

suspension and revocation proceeding 

and the credential will be confiscated by 

the Coast Guard. 

The definition for the term ‘‘Merchant 

Mariner Credential or ‘‘MMC’’ was 


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revised to include the fact that the MMC 

is not only a qualification document, 

but that under 46 U.S.C. 7302, it also 

serves as the mariner’s certificate of 

identification and certificate of service. 

It was also revised to change the 

grammar from future to present tense. 

The definition for ‘‘merchant vessel’’

was removed as it does not exist in our 

current regulations, is needlessly 

limiting, and should not have appeared 

in the NPRM. 

The definition for the term ‘‘Officer in 

Charge, Marine Inspection (OCMI)’’ was 

modified to remove the reference to 46 

CFR 10.217. The REC locations are no 

longer listed in 10.217, so the reference 

here is no longer appropriate. 

The definition for the terms ‘‘operate, 

operating or operation’’ has been 

modified to limit the definition to the 

manning requirements of vessels 

carrying passengers. Now that the 

definitions for the entire subchapter are 

contained in one location, the broad 

definition used in the NPRM was likely 

to cause confusion with respect to 

vessels not carrying passengers whose 

regulations use these terms. An example 

of regulatory language using the term 

‘‘operating’’ with respect to vessels not 

carrying passengers can be found in 46 

CFR 15.610. 

The definitions for ‘‘officer 

endorsement’’, ‘‘rating endorsement’’, 

and ‘‘STCW endorsement’’ have been 

amended to clarify that these 

endorsements will act as the license, 

MMD, or STCW qualification that was 

previously issued as a separate 

document. 

In the definition for ‘‘undocumented 

vessel’’ the word ‘‘document’’ was 

replaced with ‘‘certificate of 

documentation’’ to refer to the correct 

term for the document required. 

3. General Characteristics of the 

Merchant Mariner Credential. (10.201) 

Paragraph (a) was amended to add a 

reference to the fact that the MMC 

would also consolidate the STCW 

endorsement, not just the MMD, license 

and COR; and the second sentence was 

amended to change the tense from 

future tense to present tense. Paragraph 

(b) was deleted because it was 

duplicative of 46 CFR 10.203(d). 

Paragraph (c) was added to the 

SNPRM. This language was added to the 

current 46 CFR 12.02–3(a) in a technical 

amendment published in the Federal 

Register, and states that MMDs may be 

issued at the NMC or at any REC during 

usual business hours. The technical 

amendment was published in between 

the NPRM and SNPRM on August 21, 

2006 at 71 FR 48480. Because this 

rulemaking proposes to make the entire 

credentialing process possible through 

the mail (unless an examination is 

required), the language in paragraph (c) 

also clearly states that an MMC can be 

issued through the mail. Since the MMC 

will not be the mariner’s primary 

identification credential, and the 

mariner will already have to hold a 

TWIC, personal appearance should not 

be required for the issuance of the 

MMC. 

4. Requirement To Hold a TWIC and a 

Merchant Mariner Credential. (10.203) 

Paragraph (b) was rewritten entirely to 

remove the automatic invalidation of a 

mariner’s MMC, MMD, license, COR or 

STCW endorsement if the mariner either 

fails to obtain a TWIC or if their TWIC 

is revoked by TSA. It was determined 

that an automatic invalidation would 

violate a mariner’s Constitutional right 

to due process. It now states that failure 

to obtain or hold a valid TWIC may 

serve as a basis for the Coast Guard to 

deny a mariner’s application. Although 

a mariner must provide proof that they 

hold a valid TWIC before an MMC will 

be issued, the Coast Guard should be 

able to officially deny an application 

once we receive word from TSA that it 

has issued its final agency action 

denying or revoking the applicant’s 

TWIC. 

Also, language has been added that if 

a mariner fails to hold a valid TWIC 

their MMC, MMD, license, COR or 

STCW endorsement could be subject to 

suspension and revocation under 46 

U.S.C. 7702 and 7703. Those statutes 

provide for the suspension or revocation 

of a mariner’s credential if they have 

violated or fail to comply with any other 

law or regulation intended to promote 

marine safety or to protect navigable 

waters as well as individuals who are a 

security risk that poses a threat to the 

safety or security of a vessel or a public 

or commercial structure located within 

or adjacent to the marine environment. 

The language of 46 U.S.C. 70105 

requires all credentialed mariners to 

obtain a biometric transportation 

security card (the TWIC) and states that 

the Secretary must issue that biometric 

transportation security card (the TWIC) 

to an individual unless the Secretary 

decides that the individual poses a 

security risk warranting denial of the 

card. Individuals who are denied a 

TWIC, therefore, must have been 

deemed a security risk by TSA, and 

should not be holding merchant mariner 

credentials. Those who have not applied 

for a TWIC also should not be holding 

merchant mariner credentials as the 

identity and security vetting done 

during the TWIC application process is 

an essential part of the MMC vetting. 

Mariners should not be credentialed 

without first undergoing a security 

review and identity verification. 

Paragraph (d) was amended to make 

it clear that the MMD and the MMC 

serve as certificates of identification 

under 46 U.S.C. 7302, but that the TWIC 

is the mariner’s primary identification 

document and must be shown to an 

authorized official as proof of identity 

when requested. 

5. Validity of a Merchant Mariner 

Credential. (10.205) 

In paragraph (d) the word ‘‘void’’ was 

changed to ‘‘invalid’’ to conform to the 

use of the term ‘‘valid’’ in other parts of 

the regulation. In paragraph (h), the 

words ‘‘STCW Certificate’’ were 

changed to ‘‘STCW Endorsement’’ to 

reflect the proper name of the 

document. 

Paragraph (e) was amended to include 

‘‘other duly authorized Coast Guard 

officials’’ as those who may sign an 

MMC to make it valid. This change was 

made because the Coast Guard’s 

National Maritime Center was recently 

given credentialing authority, but not 

full OCMI authority. 

6. General Application Procedures. 

(10.209) 

This section was renamed ‘‘General 

application procedures’’. It was 

determined that listing all of the 

application requirements for renewal, 

duplicate and raise in grade in 10.209, 

resulted in the unintentional inclusion 

of additional application requirements. 

When we attempted to list all of the 

requirements for originals that renewals, 

duplicates and/or raises in grade are 

exempted from, we found the maze of 

cross references to be needlessly 

confusing. The SNPRM has been 

changed so that the application 

requirements, contained in 10.209(c) in 

the NPRM, have been moved and 

restated in 10.225(b), the section for 

original applications (a new section 

added to this SNPRM), in 10.227(d) the 

section for renewals, in 10.223 the 

section for modification or removal of 

limitations and scope, and in 10.231(b) 

for raises in grade (called 

‘‘Requirements for raises of grade or 

new endorsements and raise of grade’’

in this SNPRM). 

Since paragraph (c) has been deleted 

in this SNPRM, the language from 

10.225(a) and 10.227(c) was moved to 

fill its place. This is the statement that 

applications are valid for 12 months 

from the date of approval. It is a general 

application requirement that seems 

more appropriate in this section, than in 

sections 10.225 and 10.227. 


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In paragraph (d), the items that may 

be submitted by mail have been 

expanded to include the consent for 

NDR check and the oath. A new 

subparagraph (7) was added to 

paragraph (d) that allows mariners to 

submit by mail 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. This 

general statement is intended to catch 

any miscellaneous training certificates 

or other documents not otherwise 

captured, such as the firefighting 

certificate required by 11.205(d). 

Finally, note that in paragraph (d)(6), 

the requirement that the MMC issued 

with endorsements as a medical doctor 

or professional nurse will reflect any 

limitations listed on their state medical 

license. This change was made in the 

NPRM, but inadvertently omitted from 

the preamble table of changes. 

With the reorganization of this 

section, a new paragraph (e) has been 

written to reflect those things that must 

be made a part of the application before 

an MMC application can be approved, 

but are not required to be submitted by 

the applicant. These items include the 

NDR check, criminal record review and 

information obtained from TSA, and are 

all generated or obtained by the Coast 

Guard from sources other than the 

applicant. The requirements for an NDR 

check and criminal record review have 

been amended to restrict the 

requirement to only MMCs issued as an 

original, reissued with a new expiration 

date, and new officer endorsements 

NDR checks and criminal record 

reviews are not required for duplicates. 

For organizational purposes, 

paragraphs (f) and (g) have been added 

to 10.209 in the SNPRM. These 

paragraphs were moved from 

paragraphs 10.225 (c) and (d) in the 

NPRM. Paragraph (f) states that when 

the Coast Guard determines that an 

applicant meets all of the requirements 

for an MMC or endorsement, the Coast 

Guard will issue the properly endorsed 

MMC to the applicant. Paragraph (g) 

contains the requirement from 10.225(d) 

that mariners return their old 

credentials to the Coast Guard once a 

new MMC is issued, but it has been 

amended to state that upon written 

request submitted at the time of 

application, the cancelled, previously 

issued credentials will be returned to 

the applicant. 

7. Criminal Record Review. (10.211) 

Paragraph (c) was modified to reflect 

all of the information submitted to the 

Coast Guard by TSA from the 

applicant’s TWIC application that could 

be used by the Coast Guard to determine 

whether the applicant has a record of a 

criminal conviction. Depending on the 

length of time between when the 

applicant applied for the TWIC and the 

submission of the MMC or endorsement 

application, the Coast Guard may opt to 

review the criminal record report 

generated by TSA in the TWIC 

application process. If the applicant 

applied for their TWIC more than two 

years before the MMC application, 

however, the Coast Guard may opt to 

use the mariner’s fingerprints, or FBI 

number if applicable, to receive a new 

criminal record report from the FBI. An 

individual will only have an FBI 

number if they have a criminal record. 

Applicants who have a clean record will 

not have an FBI number. 

Paragraph (f) has been amended to 

insert the words ‘‘except as provided 

elsewhere in this section’’ after the 

statement that 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. Without that exception, the 

blanket disqualification statement 

conflicted with the exemptions 

contained elsewhere in section 10.211. 

The language ‘‘No person who has ever 

been the user of, or addicted to the use 

of a dangerous drug, or’’ was also added 

to this paragraph because it is language 

that exists in our current regulations, 

but was unintentionally omitted from 

the NPRM. 

Paragraph (f) was also amended to 

move the language inadvertently 

inserted into 10.213(b) in the NPRM. 

That paragraph contains the ineligibility 

of individuals who have ever been 

convicted of an NDR offense because of 

addiction to or abuse of alcohol, without 

furnishing satisfactory evidence of 

suitability for service. That paragraph’s 

inadvertent relocation to the NDR 

section unintentionally created an 

indefinite look back period for NDR 

reviews, when the look back was 

intended to review those crimes that 

appeared on one’s criminal record, not 

their NDR record. Its inclusion in 

section 10.211 corrects that error. 

The table at 10.211(g) has been 

revised to reflect the difference in 

criminal conviction requirements for 

officers and ratings. Officers are 

currently held to a higher standard than 

ratings with respect to criminal 

convictions. This table has been revised 

to reflect that difference in standards. It 

should no longer contain any 

substantive change from our current 

regulations, other than with respect to 

the removal of the crimes involving 

national security which are reviewed by 

TSA, and the way that we handle the 

crime of robbery. Although robbery is a 

listed offense in our current regulations 

at 10.201(h) for licenses, robbery is not 

one of the listed offenses in the table for 

MMDs in the current 46 CFR 12.02–4(c). 

As a practical matter, however, robbery 

is included in the ‘‘other crimes against 

persons’’ specifically referenced in our 

current table, and is taken into 

consideration by the evaluator when 

reviewing applications for both MMDs 

and licenses. Robbery has been included 

in the ‘‘Crimes Against Persons’’ section 

of the table in the SNPRM for 

conformity and is not considered a 

substantive change. 

Paragraph (m) was deleted entirely. 

This paragraph dealt with the automatic 

suspension of a mariner’s credential if, 

after issuance, the Coast Guard learns of 

disqualifying information on the 

applicant’s criminal record. The 

language of this paragraph, as written in 

our current regulations at 10.205(f)(4), is 

contained in proposed 11.205(c)(vi). As 

written in our current regulations and 

this SNPRM, that section applies to 

original licenses, CORs and STCW 

endorsements only. Its inclusion in part 

10 of the NPRM did not limit its 

application to only original issuance, 

and it expanded it to include rating 

endorsements. The procedures set out in 

that paragraph should only be applied 

in cases where the action occurred 

before the issuance of the officer 

endorsement. For crimes committed 

after issuance, the suspension and 

revocation procedures in 10.235 would 

apply. The changes to the text as well 

as the inclusion of it in section 10.211 

as well as 11.205 had unintended 

consequences, so it has been removed 

entirely from 10.211 in this SNPRM. 

8. Medical and Physical Requirements. 

(10.215) 

This entire section was revised based 

on public comments and comments 

from Coast Guard medical personnel. 

In the introductory text to paragraph 

(a), a statement about table 10.215(a) 

was added, the reference to the 

availability of any other Coast Guard 

guidance or material regarding the 

medical and physical requirements was 

removed, and the words ‘‘(including a 

doctor of osteopathy)’’ were removed 

from the last sentence because they 

were redundant and added no value. 

Language was added to allow medical 

doctors, licensed physician assistants, 

and licensed nurse practitioners to not 

only perform and witness any required 

test, exam or demonstration, but to 


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review them as well. This change was 

made to account for any test, exam or 

demonstration that may be conducted 

by a specialist or other medical 

professional by referral and the results 

reviewed by the certifying doctor, 

physician assistant or nurse 

practitioner. 

Paragraph (a)(1) was amended to 

include the submission of annual 

physical examinations to the Coast 

Guard not only by licensed first class 

pilots but also those serving as pilots, 

pursuant to section 15.812, on vessels 

and tank barges of 1600 GRT or more. 

The group of mariners serving as pilots 

was unintentionally omitted from this 

section in the NPRM. In addition, unless 

exempt by 46 CFR 16.220, licensed first 

class pilots and those serving as pilots 

must also submit passing results of a 

chemical test for dangerous drugs to the 

Coast Guard. The National 

Transportation Safety Board (NTSB), in 

their report on the 2003 allision of the 

Staten Island Ferry ANDREW J. 

BARBERI, recommended that the Coast 

Guard require submission of annual 

pilot physicals and drug tests. The Coast 

Guard agrees with the NTSB that it is 

not effective to require pilots to undergo 

annual physical examinations and drug 

tests without an affirmative obligation 

for pilots to actually submit them to the 

Coast Guard for review. 

Title 46 CFR 10.709 (proposed 11.709 

in this SNPRM) currently requires that 

first class pilots on vessels of 1600 GRT 

or more provide the Coast Guard with 

a copy of their most recent annual 

physical examination upon request. 

This includes those individuals who 

‘‘serve as’’ pilots in accordance with 

Title 46 CFR 15.812(b)(3) and (c). On 

September 28, 2006, the Coast Guard 

issued a Notice in the Federal Register 

at (71 FR 56999) advising that we 

request submission of the most recent 

physical examination from these 

mariners. The requirement that 

individuals licensed as first class pilots 

submit an annual physical examination 

was placed in the NPRM, but 

unintentionally omitted from the 

preamble table. Similarly, the language 

of 46 CFR 16.220 currently states that 

unless excepted under 46 CFR 

16.220(c), each pilot who is required to 

complete an annual physical 

examination must also pass a chemical 

test for dangerous drugs, and that he or 

she must submit the passing results of 

the chemical test to the Coast Guard 

when applying for license renewal, or 

when requested by the Coast Guard. 

This includes first class pilots on 

vessels greater than 1600 GRT, and 

those individuals who ‘‘serve as’’ pilots 

in accordance with 46 CFR 15.812(b)(3) 

and (c) on vessels greater than 1600 

GRT. On December 12, 2006, the Coast 

Guard issued a Notice in the Federal 

Register at (71 FR 74552) advising that 

all first class pilots on vessels greater 

than 1600 GRT, and all other 

individuals who ‘‘serve as’’ pilots in 

accordance with 46 CFR 15.812(b)(3) 

and (c) on vessels greater than 1600 

GRT, must provide the passing results of 

their annual chemical tests for 

dangerous drugs to the Coast Guard, 

unless they provide satisfactory 

evidence that they have met the 

exceptions stated in 46 CFR 16.220(c). 

Both 46 CFR 10.709 and 16.220 have 

also been revised in this SNPRM to 

remove the requirement that chemical 

tests for dangerous drugs and annual 

physical exams be submitted to the 

Coast Guard ‘‘upon request’’ since the 

Coast Guard is already requesting this 

information from all pilots and those 

who act as pilots as discussed above. 

In table 10.215(a), the citations in the 

vision test column were corrected, the 

requirements for Food Handlers were 

broken out into those that are required 

for those serving on vessels to which 

STCW applies, and those that do not, 

and the last row in the table was 

amended to limit the requirement for 

demonstrations of physical ability to 

only those ratings serving on vessels to 

which STCW applies. 

Paragraph (b) was amended to allow 

the Coast Guard to approve additional 

tests to determine color sense. The Coast 

Guard needs the flexibility to approve 

alternate tests as new medical 

technology becomes available. 

Paragraph (c) was amended to require 

the hearing test only if the medical 

practitioner conducting the general 

medical exam required in paragraph (d) 

has concerns that an applicant’s ability 

to adequately hear may impact maritime 

safety. The hearing test should be 

administered by an audiologist or other 

hearing specialist, and should consist of 

an audiometer test and/or a speech 

discrimination test, as appropriate. The 

particular test ordered has been left to 

the professional judgment of the 

medical provider. The requirements for 

the audiometer test and speech 

discrimination test have been set out in 

paragraphs (c)(1) and (2). Although 

these test requirements were provided 

in the NPRM, it was unclear that they 

referenced requirements for separate 

tests, and that they would be required 

only at the medical provider’s 

discretion. Additional threshold 

information has also been provided to 

aid medical professionals. 

In paragraph (d), food handlers have 

been exempted from the general medical 

examination requirement except that 

they must obtain a statement from a 

licensed physician, physician assistant 

or nurse practitioner attesting that they 

are free of communicable diseases. This 

communicable disease requirement 

exists in the current regulations at 46 

CFR 12.25–20. The currently proposed 

language creates no change from the 

current requirements for food handlers. 

In paragraph (e), the requirement for 

a demonstration of physical ability has 

been changed. As currently proposed, it 

will only be required if the medical 

practitioner, conducting the general 

medical examination required in 

paragraph (d), is concerned that an 

applicant’s physical ability may impact 

maritime safety. As stated in the 

discussion of public comments above, 

the requirements that an applicant must 

satisfactorily demonstrate have been 

written to allow a medical professional 

to certify that the applicant has the 

ability to complete those tasks without 

actually requiring the medical 

professional to board a vessel to witness 

the demonstration. 

In paragraph (g), the language ‘‘vision 

does not meet the requirements in 

§ 10.227(1)(i) and (1)(ii)’’ was replaced 

with ‘‘corrected vision in the better eye 

is not at least 20/40 for deck officers or 

20/50 for engineer officers’’. Section 

10.227(l)(i) does not exist. The language 

inserted has been taken directly out of 

our current regulations at 10.205(d)(4). 

9. MMC Application and Examination 

Locations. (10.217) 

Several linguistic edits were made, for 

example replacing ‘‘certificate’’ with the 

more appropriate term ‘‘credential’’ and 

‘‘sector’’ with ‘‘OCMI’’. One sentence in 

paragraph (3) was rewritten for clarity. 

Also, paragraph (a) was changed to 

reflect the language of a technical 

amendment that removed the list of REC 

locations and inserted the website and 

contact information for the National 

Maritime Center. The technical 

amendment was published in between 

the NPRM and SNPRM on August 21, 

2006 at 71 FR 48480. 

10. Fees. (10.219) 

Paragraph (e)(3), was rewritten for 

clarification. Instead of stating that one 

issuance fee would be charged for each 

MMC application, it was revised to state 

that only one issuance fee will be 

charged for each MMC issued, 

regardless of the number of 

endorsements placed on the credential. 

The intent of the subparagraph is to 

explain that a $45 issuance fee will not 

be charged for each endorsement issued. 

The issuance fee is tied to the number 

of MMCs issued, not to the 

endorsements. Issuance fees will be 


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charged for original, duplicate, raise in 

grade, and renewal MMCs. A sentence 

was also added to make it clear that 

there is no fee for a document of 

continuity. As discussed elsewhere in 

this preamble, the document of 

continuity has been created to replace 

the continuity endorsement that is 

currently written on licenses pursuant 

to the Coast Guard’s current regulations 

at 10.209(g) and for MMDs at 12.02–

27(g). Under current Coast Guard 

regulations, a $45 issuance fee is 

charged for the continuity endorsement. 

Since the document of continuity will 

not be in the form of an MMD, MMC or 

license, the Coast Guard has opted not 

to charge the $45 issuance fee for it, and 

will issue the document free of charge. 

The civil penalty in paragraph (g) was 

changed from $5,000 to $6,500 to adjust 

for inflation per 33 CFR 27.3. The 

penalty for failure to pay, currently 

reflected in 46 CFR 10.111, is based 

upon 46 U.S.C. 2110(e). In the table to 

33 CFR 27.3, the adjustment for 

inflation for 46 U.S.C. 2110(e) shows an 

increase from $5K to $6.5K. The change 

in this SNPRM is merely technical to 

conform to that inflationary change. 

In paragraph (h)(2), the words 

‘‘Commanding Officer’’ were deleted as 

a technical change for consistency. 

11. Citizenship. (10.221) 

The title of this section was changed 

from ‘‘Applications submitted by 

aliens’’ to ‘‘Citizenship’’ to account for 

the fact that it contains the proof of 

citizenship requirements for all 

applicants, not only aliens. Also, this 

section was re-written to include the 

OUPV citizenship exemption discussed 

in the response to comments above, as 

well as to include the exemption for 

foreign nationals who are enrolled in 

the United States Merchant Marine 

Academy (USMMA). The proposed 

regulation now retains the Coast Guard’s 

regulatory exemption for OUPVs created 

from the language of 46 U.S.C. 7102, 

and allows USMMA cadets to obtain 

rating endorsements on a documented 

vessel, irrespective of their nationality, 

as provided in 46 U.S.C. 8103. 

In addition, changes were made to 

reflect the new TWIC requirement that 

mariners submit their proof of 

citizenship to TSA during the TWIC 

enrollment process. By requiring 

mariners to submit their proof of 

citizenship to TSA, the agencies remove 

all need for mariners to appear in 

person at one of the Coast Guard RECs. 

TSA will scan the proof of citizenship 

and other identity information into its 

database and forward it to the Coast 

Guard electronically as discussed 

elsewhere in this preamble. 

We also changed the acceptable 

proofs of citizenship to reduce the 

likelihood of submission of fraudulent 

documents, and to conform to the TWIC 

citizenship requirements. The following 

proofs of citizenship would no longer be 

acceptable for rating endorsements: 

baptismal certificate or parish record 

recorded within one year after birth; 

statement of a practicing physician 

certifying the physician’s attendance at 

the birth and who possesses a record 

showing the date and location at which 

it occurred; delayed certificate of birth 

issued under a state seal in the absence 

of any collateral facts indicating fraud in 

its procurement; applicant’s affidavit; 

report of the Census Bureau showing the 

earliest available record of age or birth; 

affidavits of parents, other relatives, or 

two or more responsible citizens of the 

U.S. stating citizenship; school records; 

immigration records; or insurance 

policies. The acceptable proofs of 

citizenship for officers have not changed 

from those currently required in 46 CFR 

10.205. We are aware that the proofs of 

citizenship were changed by the 

Licensing Interim Rule published 

January 13, 2006 at 71 FR 2154. As with 

other changes made in that interim rule 

or the MMD Interim Rule published 

January 6, 2004 at 69 FR 526, all 

comments submitted to those 

rulemaking projects and any changes 

that could be made as a result of those 

comments will be addressed in the final 

rules associated with those rulemaking 

projects. 

Requirements have also been 

proposed for cadets enrolled in the 

United States Merchant Marine 

Academy. Although these individuals 

are currently issued MMDs pursuant to 

the statutory authority in 46 U.S.C. 

8103, Coast Guard regulations do not 

currently establish acceptable 

documents to prove enrollment or 

identity. This SNPRM proposes that the 

Coast Guard would accept 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. 

All of the proposed acceptable proofs of 

citizenship have been coordinated with 

TSA to ensure that all individuals who 

would be authorized to hold an MMC 

would also be able to meet the 

citizenship/alien status requirements for 

the TWIC. 

Finally, on October 17, 2006, 

Congress passed the John Warner 

National Defense Authorization Act for 

Fiscal Year 2007 (Pub. L. 109–364). In 

that Act, Congress amended 46 U.S.C. 

8103 to permit an alien allowed to be 

employed in the U.S. under the 

Immigration and Nationality Act who 

meets additional requirements for 

service as a steward aboard large 

passenger vessels to obtain an MMD. 

Although language has not been 

proposed in this rulemaking to address 

this new statutory authority, the Coast 

Guard is aware of it and is initiating a 

separate rulemaking to address these 

new requirements. 

12. Modification or Removal of 

Limitations or Scope. (10.223) 

The title to this section has been 

revised to include modification or 

removal of scope. This section includes, 

for example, increasing from Chief 

Engineer (limited-near coastal) to Chief 

Engineer, adding to Qualified Member 

of the Engine Department (QMED), 

extending route, or horsepower 

increases. 

The language of paragraph (b) was 

deleted because the substance of that 

paragraph was duplicative of paragraph 

(c) of the NPRM (now paragraph (d)), 

and is better explained in the paragraph 

that has been retained. In its place, 

language has been added to explain that 

the modification or removal of 

limitations or scope on an existing MMC 

will not change the expiration date of 

that MMC unless the applicant renews 

all endorsements on the MMC. Because 

of the statutory requirement in 46 U.S.C. 

7106, 7107 and 7302(f) that the 

identification and qualification 

credentials appearing in the form of the 

MMC must be valid for no more and no 

less than five years, the addition, 

subtraction or modification of 

endorsements on the MMC will not 

change the expiration date unless the 

mariner renews all endorsements on his 

or her MMC. 

New paragraph (c) contains the 

requirements for a complete application, 

and was taken in large part from the 

former 10.209(c) in the NPRM. The 

language of the NPRM also included 

requirements that must be met before an 

MMC may be issued, but which are 

added to the applicant’s record by the 

Coast Guard. These requirements 

(criminal record review, National Driver 

Register review, and information 

supplied by TSA) must still be met 

before the modification or removal will 

be granted, but have been moved to a 

new paragraph (e) in 10.209 because 

they are not submitted by the applicant. 

Here, the NDR provision has been 

replaced with the requirement that 

applicants submit the form providing 

consent to a check of the NDR. This is 

a requirement that is currently in the 

Coast Guard regulations and is also 


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required by 46 U.S.C. 7101(g) and 

7302(c). 

The language requiring the 

submission of a signed application has 

been amended. Instead of requiring a 

signed ‘‘written’’ application, we now 

require a ‘‘completed’’, signed 

application. This change will allow for 

the submission of a digitally signed 

electronic form, should the Coast Guard 

system be changed to create this option. 

The requirement to submit a 

continuous discharge book, certificate of 

identification, MMD, MMC, license, 

STCW endorsement or COR, if one or 

more of those credentials are valid at the 

time of application, has been amended 

to allow for the submission of 

photocopies. The change will preclude 

mariners from having to mail in their 

credentials while they are still valid and 

needed to serve. The photocopies must 

be of the front and back of all pages of 

the credentials and attachments. If the 

credential is expired, mariners will be 

required to submit the original 

credential to the Coast Guard for 

invalidation, but at the time they submit 

their application mariners may request 

that the invalid credential be returned to 

them once the new credential is issued. 

13. Requirements for Originals. (10.225) 

As discussed earlier in the discussion 

of the changes to section 10.209, instead 

of creating a list of all requirements for 

a complete application in section 10.209 

and then exempting or adding 

requirements by reference in later 

sections, we broke out the application 

requirements for originals, duplicates, 

renewals, modification or removal of 

limitations and scope, and new 

endorsements. Since 10.225 in the 

NPRM contained general requirements 

about the issuance of the MMC, we 

moved the substance of 10.225 as 

proposed in the NPRM into section 

10.209 (with the exception of the oath) 

and rewrote section 10.225 to list the 

requirements for original applications. 

For clarity, in paragraph (a) we 

defined those instances in which an 

applicant would be required to apply for 

an original MMC, rather than for a 

duplicate, modification or removal of 

limitation or scope, renewal, or new 

endorsement. 

As discussed earlier, paragraphs (c) 

and (d) were moved to section 10.209 

and amended. These are the paragraphs 

stating that when the Coast Guard 

determines that an applicant meets all 

of the requirements for an MMC or 

endorsement, the Coast Guard will issue 

the properly endorsed MMC to the 

applicant (paragraph c), and the 

requirement that mariners return their 

old credential to the Coast Guard once 

a new MMC is issued (paragraph d). 

New paragraph (b) is the substance of 

the former 10.209(c) from the NPRM. 

This paragraph contains the 

requirements for a complete application. 

The language of the NPRM, however, 

included requirements that must be met 

before an MMC may be issued, but 

which are added to the applicant’s 

record by the Coast Guard. These 

requirements (criminal record review, 

National Driver Register review, and 

information supplied by TSA) have 

been removed from this paragraph and 

moved to a new paragraph (e) in 10.209. 

The NDR provision has been replaced 

with the requirement that applicants 

submit the form providing consent to a 

check of the NDR. This is a requirement 

that is currently in the Coast Guard 

regulations and is also required by 46 

U.S.C. 7101(g) and 7302(c). 

The language requiring the 

submission of a signed application has 

been amended. Instead of requiring a 

signed ‘‘written’’ application, we now 

require a ‘‘completed’’, signed 

application. This change will allow for 

the submission of a digitally signed 

electronic form, should the Coast Guard 

system be changed to create this option. 

The requirement to submit a 

continuous discharge book, certificate of 

identification, MMD, MMC, license, 

STCW Endorsement or COR, if one or 

more of those credentials are valid at the 

time of application, as been amended to 

allow for the submission of photocopies. 

The change will prevent mariners from 

having to mail in their credentials while 

they are still valid and needed to serve. 

The photocopies must be of the front 

and back of the credentials. If a 

passport-style format is chosen for the 

MMC, this language will be amended to 

require ‘‘a photocopy of all pages and 

attachments, front and back’’. If the 

credential is expired, mariners will be 

required to submit the original 

credential to the Coast Guard for 

invalidation, but the mariner may 

request that the invalid credential be 

returned to them once the new 

credential is issued. 

This section has also been revised to 

add new paragraph (b)(10). The oath, 

because it would be submitted in 

writing rather than done in person, 

would be required to be submitted with 

the application for original applicants. 

The oath is not a requirement for other 

types of applications such as renewals 

or duplicates. 

14. Requirements for Renewal. (10.227) 

As discussed above, section 10.227 

was revised in this SNPRM to include 

a clear list of the application 

requirements for renewal. As written in 

the NPRM, all applicants were required 

to meet the requirements of section 

10.209 as well as the requirements in 

section 10.227. This would have had the 

effect of creating more requirements for 

renewals than for originals. The 

language of this section has been revised 

to include a list of all the elements 

needed for renewal applications. The 

requirements should be no more 

expansive or restrictive than the 

requirements for renewal in the Coast 

Guard’s current regulations at sections 

10.209(c) and 12.02–27(c). 

The application requirements are 

contained in paragraph (d). The 

language of the NPRM included 

requirements that must be met before an 

MMC may be issued, but which are 

added to the applicant’s record by the 

Coast Guard. These requirements 

(criminal record review, National Driver 

Register review, and information 

supplied by TSA) have been removed 

from paragraph and moved to a new 

paragraph (e) in section 10.209. The 

NDR provision has been replaced with 

the requirement that applicants submit 

the form providing consent to a check 

of the NDR. This is a requirement that 

is currently in the Coast Guard 

regulations and is also required by 46 

U.S.C. 7101(g) and 7302(c). 

The language requiring the 

submission of a signed application has 

been amended. Instead of requiring a 

signed ‘‘written’’ application, we now 

require a ‘‘completed’’, signed 

application. This change will allow for 

the submission of a digitally signed 

electronic form, should the Coast Guard 

system be changed to create this option. 

The requirement to submit a 

continuous discharge book, certificate of 

identification, MMD, MMC, license, 

STCW endorsement or COR, if one or 

more of those credentials are valid at the 

time of application, has been amended 

to allow for the submission of 

photocopies. The change will preclude 

mariners from having to mail in their 

credentials while they are still valid and 

needed to serve. The photocopies must 

be of the front and back of the 

credentials. If a passport-style format is 

chosen for the MMC, this language will 

be amended to require ‘‘a photocopy of 

all pages and attachments, front and 

back’’. If the credential is expired, 

mariners will be required to submit the 

original credential to the Coast Guard 

for invalidation, but the mariner may 

request that the invalid credential be 

returned to them once the new 

credential is issued. 

In reviewing the professional 

requirements, we noticed that we failed 

to list those endorsements that do not 


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require professional requirements for 

renewal. Paragraph (d)(8)(viii) was 

added to list those exempted 

endorsements. These endorsements 

should be no more expansive or 

restrictive than those exempted from the 

professional requirements in our current 

regulations at section 12.02–27(c) or 

10.209(c). 

We also noticed that we failed to carry 

over the requirement that an applicant 

seeking to renew a tankerman 

endorsement must meet the additional 

requirements listed in section 13.120 of 

this chapter. The omission of this 

language in the NPRM was an oversight. 

It has been added to the SNPRM as 

(d)(8)(vii). 

Finally, in paragraph (l) from the 

NPRM has been deleted. That section 

contained a list of those portions of the 

application that could be submitted by 

mail. Section 10.209(d) lists that 

information. Since section 10.209 is a 

general section applying to all 

applicants, it made proposed paragraph 

(l) duplicative and unnecessary. 

15. Requirements for Raises of Grade or 

New Endorsements. (10.231) 

The title of this section has been 

renamed to include new endorsements, 

not only those endorsements obtained 

as a result of a raise in grade. 

A new paragraph (a) has been added 

to set out the type of applicants to 

whom the section would apply. The 

section is intended to apply to 

applicants who already hold a valid 

credential (MMC, license, MMD, COR or 

STCW endorsement) and want to add a 

new endorsement or obtain a raise of 

grade of an existing endorsement. 

A new paragraph (b) has been added 

to explain that new endorsements or 

raises of grade of existing endorsements 

added to an existing MMC will not 

change the expiration date of that MMC 

unless the applicant renews all 

endorsements on the MMC. Because of 

the statutory requirement in 46 U.S.C. 

7106, 7107 and 7302(f) that the 

identification and qualification 

credentials appearing in the form of the 

MMC must be valid for no more and no 

less than five years, the addition of new 

endorsements to the MMC will not 

change the expiration date of the MMC 

unless the mariner renews all 

endorsements on his or her MMC. 

As discussed above, as written in the 

NPRM, all applicants were required to 

meet the requirements of section 10.209 

as well as the requirements for raises of 

grade. This would have had the effect of 

creating more requirements for raises of 

grade than for originals. The language of 

this section has been revised to include 

a list of all the elements needed for raise 

of grade and new endorsement 

applications. 

The application requirements are 

contained in paragraph (c). The 

language of the NPRM included 

requirements that must be met before an 

MMC may be issued, but which are 

added to the applicant’s record by the 

Coast Guard. These requirements 

(criminal record review, National Driver 

Register review, and information 

supplied by TSA) have been removed 

from paragraph and moved to a new 

paragraph (e) in section 10.209. The 

NDR provision has been replaced with 

the requirement that applicants submit 

the form providing consent to a check 

of the NDR. This is a requirement that 

is currently in the Coast Guard 

regulations and is also required by 46 

U.S.C. 7101(g) and 7302(c). 

The language requiring the 

submission of a signed application has 

been amended. Instead of requiring a 

signed ‘‘written’’ application, we now 

require a ‘‘completed’’, signed 

application. This change will allow for 

the submission of a digitally signed 

electronic form, should the Coast Guard 

system be changed to create this option. 

The requirement to submit a 

continuous discharge book, certificate of 

identification, MMD, MMC, license, 

STCW Endorsement or COR, if one or 

more of those credentials are valid at the 

time of application, has been amended 

to allow for the submission of 

photocopies. The change will preclude 

mariners from having to mail in their 

credentials while they are still valid and 

needed to serve. The photocopies must 

be of the front and back of the 

credentials. If a passport-style format is 

chosen for the MMC, this language will 

be amended to require ‘‘a photocopy of 

all pages and attachments, front and 

back’’. If the credential is expired, 

mariners will be required to submit the 

original credential to the Coast Guard 

for invalidation, but the mariner may 

request that the invalid credential be 

returned to them once the new 

credential is issued. 

The requirement to provide evidence 

of vision, hearing, medical and/or 

physical exams as required by section 

10.215, has been limited in this SNPRM 

to only those applicants who have not 

submitted proof of passing those tests 

within the past three years. This three 

year limitation conforms to the Coast 

Guard’s current regulations in section 

10.207(e)(1). 

All other information contained in 

this section in the NPRM has been 

retained, but moved to paragraphs (d) 

and (e) with the following exceptions: 

The general requirements that were 

contained in the NPRM at paragraphs 

(a), (b), and (c)(1) are included in the 

application requirements contained 

elsewhere in the regulations, so the 

language was removed from this section. 

The requirement that appeared in 

paragraph (c)(1) of the NPRM that 

applicants for raise of grade must appear 

at a REC to present their letters, 

discharges or other official documents 

certifying to the amount and character 

of their experience and the names of the 

vessels on which acquired was 

removed. The documents proving that 

applicants meet the sea service 

requirements for original and new 

officer endorsements may be submitted 

by mail. It seemed inappropriate to 

require travel to a REC for personal 

submission just because the new officer 

endorsement is sought as a result of a 

raise in grade application. 

Paragraphs (d)(2) and (e) from the 

NPRM have been removed. Those 

paragraphs contained the location of 

requirements for radar observer 

endorsements and endorsements for 

which a firefighting certificate is 

required. These paragraphs were 

duplicative and unnecessary since 

paragraph (c)(3) already requires that 

applicants submit all supplementary 

materials required to show that the 

mariner meets the mandatory 

requirements for the new 

endorsement(s) sought. 

The information in paragraph (d) was 

carried over from the Coast Guard’s 

current regulations at 46 CFR 10.207 

and the NPRM at 10.231(c)(3) through 

(d)(2). 

16. Obligations of the Holder of a 

Merchant Mariner Credential. (10.233) 

Paragraph (a) was amended for clarity 

and to include the MMD and COR in the 

list of credentials that could be subject 

to suspension and revocation. 

17. Suspension or Revocation of 

Merchant Mariner Credentials. (10.235) 

Paragraph (g) was revised in the 

SNPRM. The NPRM tied the validity of 

the MMC to the validity of a TWIC. The 

Coast Guard has determined that due 

process demands that unless allowed by 

statute, a mariner must be provided the 

right to appeal before their mariner 

credential is invalidated. The SNPRM 

removes this automatic invalidation 

upon the loss or denial of a TWIC. 

As proposed in the SNPRM, if the 

Coast Guard is advised by TSA that a 

mariner has either been denied a TWIC 

or that their TWIC has been revoked, the 

Coast Guard will initiate suspension 

and revocation proceedings against the 

mariner’s MMC, license, MMD, and 

COR under 46 U.S.C. 7702 and 7703. 

Sections 7702 and 7703 allow for 


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suspension and revocation of a 

mariner’s credentials if they have been 

convicted of an offense that would 

prevent the issuance or renewal of the 

credential or if the mariner has been 

deemed a security risk that poses a 

threat to the safety or security of a vessel 

or a public or commercial structure 

located within or adjacent to the marine 

environment. Because a TWIC will only 

be denied or revoked if TSA decides 

that the individual poses a security risk, 

if the mariner has been deemed 

ineligible for a TWIC, the Coast Guard 

would initiate suspension and 

revocation actions against their 

credential. 

Language was also added to paragraph 

(g) because a mariner whose TWIC is 

revoked by TSA will not be able to 

appeal that agency’s decision through 

the Coast Guard MMC appeal process. 

Although mariners must hold a TWIC to 

get an MMC, these credentials are 

separate and distinct and the Coast 

Guard cannot overturn a decision by 

TSA with respect to its TWIC. Mariners 

have a separate right of appeal under the 

TWIC. It includes a paper appeal 

process much like the Coast Guard 

process in 46 CFR 1.03 for initial 

denials and revocations; and a hearing 

before an Administrative Law Judge for 

appeals of waiver denials. The TWIC 

final rule, published elsewhere in 

today’s Federal Register, provides 

additional information on the TWIC 

appeal process. Once a mariner has 

exhausted TSA’s TWIC appeal process 

that decision is final and the Coast 

Guard cannot review it. 

A new paragraph (h) was added to 

this SNPRM. It is a direct reference to 

46 U.S.C. 7702(d)(1)(iv), which calls for 

the immediate suspension of credentials 

for not more than 45 days if a mariner 

is deemed a security risk that poses a 

threat to the safety or security of a vessel 

or a public or commercial structure 

located within or adjacent to the marine 

environment. For the reasons discussed 

above, if a TWIC is denied or revoked 

by TSA, the Coast Guard will deem the 

individual a security risk, and may avail 

itself of this statutory provision to 

suspend the mariner’s credential. 

18. Right of Appeal. (10.237) 

Paragraphs (a) and (b) were swapped 

for better organization. A new paragraph 

(c) was added to advise that Coast Guard 

appeals will not review a decision by 

TSA with respect to their TWIC as 

discussed in section 10.235 above. 

19. Quick Reference Table for MMC 

Requirements. (10.239) 

In the NPRM, we proposed to move 

table 10.203 to section 11.203; however, 

after further consideration, we now 

propose to move that quick reference 

table to the end of the general 

requirements in Part 10 because it 

references requirements for both officers 

and ratings, as well as multiple sections 

of Parts 10, 11, and 12. 

20. Application Process 

The way an applicant’s information is 

envisioned to be transferred to the Coast 

Guard from TSA has changed. The 

process discussed on page 29464 of the 

NPRM involved the mariner checking a 

box on the TWIC application form to 

notify TSA to push the data to the Coast 

Guard. This method, however, would 

not alert TSA to send information when 

a TWIC holder decided to become a 

mariner at some point in the middle of 

the TWIC validity period. The new 

process envisioned involves both the 

pushing of data to the Coast Guard 

when TSA receives an application from 

a mariner as well as the ability for the 

Coast Guard to pull data should a TWIC 

applicant later decide to become a 

mariner. If the pull function were to be 

used, the Coast Guard would notify TSA 

when we receive an applicant’s MMC 

application, which would trigger the 

transfer. 

21. Amendatory Instructions 

The amendatory instructions to the 

regulatory text of the NPRM was drafted 

according to the style established by the 

National Archives and Records 

Administration in the Federal Register 

Document Drafting Handbook, and were 

written properly. We acknowledge, 

however, that long amendatory 

instructions advising where to remove 

language and insert new language into 

existing text may be confusing. To aid 

the public in their review of this 

SNPRM, the Coast Guard has decided to 

follow the amendatory instructions as 

provided in the NPRM to re-write the 

regulatory text amended for those 

sections whose amendatory instructions 

in the NPRM were greater than or equal 

to one full column of Federal Register 

text. This change has been applied to 

the following sections: 11.201, 11.205, 

11.304, 11.401, 11.462, 11.464, 11.465, 

11.467, 11.470, 11.503, 12.02–7 and 

15.812. 

22. Eligibility for Officer Endorsements, 

General. (11.201) 

In subparagraph (i), the words ‘‘on its 

face’’ were removed. Although the 

authority granted by an officer 

endorsement will be restricted to reflect 

any modifications made by the OCMI to 

satisfy the unique qualification 

requirements of an applicant, the 

language ‘‘on its face’’ seemed to imply 

a one page document. If the format of 

the MMC ends up being a multi-page 

document, the words ‘‘on its face’’

would be inappropriate. If a single 

paged document is chosen as the format 

of the MMC, this language would likely 

be reinserted at the final rule stage. 

23. Identification Credentials for 

Persons Requiring Access to Waterfront 

Facilities or Vessels. (33 CFR part 125) 

The proposed changes to this section 

were removed because they have 

already been made in the TWIC final 

rule published elsewhere in today’s 

Federal Register. 

24. Amendments From the TWIC Final 

Rule. (10.113, 12.01–11 and 15.415) 

These sections are new sections that 

are added to title 46 by the TWIC final 

rule published elsewhere in today’s 

Federal Register. This SNPRM proposes 

to remove 46 CFR sections 10.113, 

12.01–11 and 15.415 as they will be 

duplicative and will no longer be 

necessary if the proposed regulatory text 

in this SNPRM becomes effective. 

25. Other Corrections Outside 46 CFR 

Part 10 

We removed the amendatory 

instruction for 46 CFR 5.15. The 

proposed change is no longer necessary 

because it has already been made by a 

technical amendment entitled Mariner 

Licensing and Documentation Program 

Restructuring and Centralization 

published on August 21, 2006 at 71 FR 

48480. 

In 46 CFR 11.467(h), we made a 

correction for clarification. Where it 

previously read ‘‘An applicant * * * 

who intends to serve only in the vicinity 

of Puerto Rico, and who speaks Spanish 

only, may be issued an endorsement 

***’’ we changed it to read ‘‘who 

speaks Spanish but not English’’. The 

correction was made because we do not 

intend to restrict individuals who speak 

multiple languages from obtaining this 

endorsement. 

The table in section 10.403 (now 

11.403) was revised to reflect the change 

from license to officer endorsements. 

The table, with changes, has been added 

to this SNPRM. 

VI. Other Regulations 

Since the publication of the NPRM, 

on November 24, 2006 the Department 

of State (DOS) published its 

‘‘Documents Required for Travelers 

Departing From or Arriving in the 

United States at Air Ports-of-Entry From 

Within the Western Hemisphere’’ final 

rule (71 FR 68412). In that rulemaking, 

DOS implemented new documentation 

requirements for certain U.S. citizens 


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and nonimmigrant aliens entering the 

U.S. The DOS designated the MMD in 

addition to the passport as sufficient to 

denote identity and citizenship and 

acceptable for air and sea travel. A 

TWIC was deemed insufficient for this 

purpose. In its rule, DOS noted the 

proposed 5 year phase out of the MMD, 

but made no determination as to 

whether the MMC would also be 

deemed sufficient. The Coast Guard will 

provide DOS with a sample MMC and 

information regarding the credential 

once it is available. 

V. Regulatory Evaluation 

A. Executive Order 12866 (Regulatory 

Planning and Review) 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’, 58 FR 51735, 

October 4, 1993, requires a 

determination whether a regulatory 

action is ‘‘significant’’ and therefore 

subject to review by the Office of 

Management and Budget (OMB) and 

subject to the requirements of the 

Executive Order. This proposed rule is 

not significant under Executive Order 

12866 and has not been reviewed by 

OMB. 

This proposed 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 would 

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; 

whereever possible, this rulemaking 

would not change these qualification 

requirements. This rulemaking would 

combine the elements of the Merchant 

Mariner’s License (License), Merchant 

Mariner’s Document (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 Supplementary Notice of 

Proposed Rulemaking (SNPRM) is 

published in conjunction with a joint 

Final rule published by the Coast Guard 

and the Transportation Security 

Administration entitled ‘‘Transportation 

Worker Identification Credential (TWIC) 

Implementation in the Maritime Sector; 

Hazardous Materials Endorsement for a 

Commercial Driver’s License’’ (the 

‘‘TWIC rule’’). This SNPRM and the 

TWIC rule follow the publication of a 

Notice of Proposed Rulemaking for this 

rulemaking published May 22, 2006 at 

71 FR 29462, and a joint Notice of 

Proposed Rulemaking published by the 

Coast Guard and the Transportation 

Security Administration for the TWIC 

rule published the same day at 71 FR 

29396. 

The TWIC rule implements 

requirements required by the 46 U.S.C. 

70105 and would require all merchant 

mariners holding an active License, 

MMD, COR or STCW Endorsement to 

hold a TWIC. The TWIC is a biometric 

identification card. With this 

consolidation of credentials, the TWIC 

would replace the MMD as the 

mariner’s primary identity document, 

and the MMD, License, COR, and STCW 

Endorsement would consolidate into the 

MMC, which would serve as the 

mariner’s qualification document. All 

current qualification and suitability 

requirements associated with Licenses, 

MMDs, STCW Endorsements, and CORs 

would remain the same with only minor 

exceptions. 

Currently, all four credentials (MMD, 

License, COR, and STCW Endorsement) 

are 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 requires at least 

two visits to an REC. During the first 

visit, an applicant must 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 has 

satisfied all other requirements for the 

particular credential sought, an REC 

will issue the credential to the 

applicant. All first time applicants must 

then return to the REC a second time to 

receive their credential and take an oath 

to faithfully perform all duties required 

of them by law. Individuals renewing 

credentials do not need to restate the 

oath and may receive their renewed 

credentials by mail. However, all 

applicants, those seeking new 

credentials as well as those seeking to 

renew their credentials, must 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. In order for an 

applicant to receive a TWIC, the 

applicant is required to travel to a 

designated TWIC enrollment center to 

submit fingerprints, proofs of identity, 

citizenship and alien status (if 

applicable). A background check is 

conducted to determine that the 

applicant is not a security risk. Once the 

applicant has been approved, they must 

return to the TWIC enrollment center to 

pick up the TWIC and prove their 

identity by a one to one match of their 

fingerprint against the electronic 

fingerprint stored on the card. TSA will 

submit to the Coast Guard the 

applicant’s fingerprints, photograph, 

proof of citizenship, proof of alien status 

(if applicable), and FBI number and 

criminal record (if applicable) provided 

with the individual’s TWIC application. 

Since the applicant’s fingerprints, 

photograph and proofs of citizenship 

and identity will have been verified by 

TSA, this proposed rulemaking would 

no longer require the merchant mariner 

to travel to an REC to submit this 

information. In addition to allowing the 

merchant mariner to mail in their 

application, this proposed rule would 

also allow new applicants to mail in 

their notarized oath, which would be a 

nominal cost to the applicant. This 

would remove the requirement for a 

second trip to the REC to pick up their 

card and take the oath. This rulemaking 

proposes to create the possibility for a 

mariner to receive his or her MMC 

entirely through the mail. Written 

examinations would still occur at RECs, 

and the RECs would remain accessible 

to mariners should they choose to seek 

their services in person. 

This rulemaking would 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 proposed 

rulemaking. 

Baseline Population 

The Coast Guard data for the number 

of affected merchant mariners came 

from the National Maritime Center 


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(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 the proposed 

rulemaking the applicants would only 

apply for a single credential (the MMC) 

and as a result would 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, 

would 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. The issuance of the 

MMC would require mariners to track 

and update only one document and 

would potentially eliminate the need to 

travel to an REC entirely. This would 

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 would 

not only receive a benefit from reduced 

application fees but also from fewer, if 

any, trips to an 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 proposed 

rulemaking would allow mariners to 

apply for an MMC at the time that their 

current credentials expire, which would 

essentially phase in the MMC over a 

five-year period. Since all currently 

issued credentials are valid for five-year 

periods, all mariners would 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 would instead be 

issued an MMC, which would reflect all 

of their qualifications in the form of 

endorsements on the MMC. This would 

allow mariners to apply over a longer 

period of time and would 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 would 

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 proposed 

rulemaking would 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 would provide 

greater flexibility to mariners by 

allowing them to apply for an MMC at 

the time they choose. 

In the Licensing rule, 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 foresee that 

there would be many more TWIC 

centers than Coast Guard RECs. By 

allowing mariners to visit TWIC 

enrollment centers instead of RECs, this 

proposed rule would provide a potential 

benefit to mariners by reducing their 

current travel costs and time currently 

required to receive a credential. 

In the Licensing rule, 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 is $387. The 

estimated cost to mariners for overnight 

roundtrip travel is $911. Applicants 

who live distances greater than 200 

miles and must travel for more than one 

night would 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 would 

decrease or remain the same and would 

serve to provide more flexibility to 

mariners since there will be more TWIC 

enrollment centers than RECs, so the 

distance required and the amount of 

time spent traveling would be reduced. 

Based on the percentages above, 60 

percent of the mariners that live within 

one-day roundtrip travel would 

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 would potentially 

receive an even greater benefit in travel 

cost savings from this proposed rule. 

In addition to these benefits, the 

removal of the issuance fee for 

continuity documents would provide 

mariners who choose to apply for a 

continuity document a savings of $45. 

B. Regulatory Flexibility Act 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would 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 proposed 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 proposed rule 

will not have a significant economic 

impact on a substantial number of U.S. 

small entities. If you think that your 

business, organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rulemaking will have a 

significant economic impact on it, 

please submit a comment to the Docket 

Management Facility at the address 

under ADDRESSES. In your comment, 

explain why you think your business 

qualifies and how and to what degree 

this rulemaking would economically 

affect it. 

C. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the proposed rule so that 


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they could better evaluate its effects on 

them and participate in the rulemaking. 

If this proposed rule would affect your 

small business, organization, or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance, please contact 

the individuals listed in 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). 

D. Collection of Information 

This proposed rule would call for a 

collection of information under the 

Paperwork Reduction Act of 1995, Title 

44, United States Code (44 U.S.C.) 

sections 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. A number of policy 

decisions must be made before the 

changes to those collections can be 

finalized such as methods of 

submission, the format of the 

application form, and the format of the 

MMC itself. Because the proposed 

regulatory changes in this SNPRM 

would not go into effect until 

approximately August 2008, approval 

for revisions to these OMB Control 

Numbers will not be submitted to OMB 

until these policy decisions have been 

made. This submission will occur, 

however, prior to the publication of any 

Final Rule. 

We request public comment on the 

collection of information to help us 

determine how useful the information 

is; whether it can help us perform our 

functions better; whether it is readily 

available elsewhere; how accurate our 

estimate of the burden of collection is; 

how valid our methods for determining 

burden are; how we can improve the 

quality, usefulness, and clarity of the 

information; and how we can minimize 

the collection burden. 

If you submit comments on the 

collection of information, submit them 

to both OMB and the Docket 

Management Facility where indicated 

under ADDRESSES, by the date under 

DATES. 

You need not respond to a collection 

of information unless it displays a 

currently valid control number from 

OMB. Before the requirements for this 

collection of information become 

effective, we will publish notice in the 

Federal Register of OMB’s decision to 

approve, modify, or disapprove the 

collection. 

E. Executive Order 13132 (Federalism) 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, the Coast Guard certifies 

that this proposed rule does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

summary impact statement. 

The law is well settled that States may 

not regulate in categories expressly 

reserved for regulation by the Coast 

Guard. The law also is well settled that 

all of the categories covered in 46 U.S.C. 

3306, 3703, 7101, and 8101 (design, 

construction, alteration, repair, 

maintenance, operation, equipping, 

personnel qualification, and manning of 

vessels), as well as the reporting of 

casualties and any other category in 

which Congress intended the Coast 

Guard to be the sole source of a vessel’s 

obligations, are within the field 

foreclosed from regulation by the States. 

See United States v. Locke and 

Intertanko v. Locke, 529 U.S. 89, 120 

S.Ct. 1135 (March 6, 2000). Since this 

proposed rule involves the credentialing 

of merchant mariners, it relates to 

personnel qualifications and is 

foreclosed from regulation by the States. 

Because the States may not regulate 

within this category, this rule does not 

present new preemption issues under 

Executive Order 13132. 

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. 

The Coast Guard does not expect this 

rule to result in such an expenditure. 

G. Executive Order 12630 (Taking of 

Private Property) 

This proposed 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. Executive Order 12988 (Civil Justice 

Reform) 

This proposed 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. Executive Order 13045 (Protection of 

Children) 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This proposed rule is not an 

economically significant rule and does 

not create an environmental risk to 

health or safety that may 

disproportionately affect children. 

J. Executive Order 13175 (Indian Tribal 

Governments) 

This proposed 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. Executive Order 13211 (Energy 

Effects) 

The Coast Guard has 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. This 

rule would affect only the issuance of 

credentials to merchant mariners and 

therefore is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. 

The Administrator of the Office of 

Information and Regulatory Affairs for 

the Office of Management and Budget 

has not designated this proposed rule as 

a significant energy action. Therefore, it 

does not require a Statement of Energy 

Effects under Executive Order 13211. 


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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 proposed rule does not use 

technical standards. Therefore, the 

Coast Guard did not consider the use of 

voluntary consensus standards. 

M. National Environmental Policy Act 

The Coast Guard has analyzed this 

proposed rule under Commandant 

Instruction M16475.1D, which guides 

the Coast Guard in complying with the 

National Environmental Policy Act of 

1969 (NEPA) (42 U.S.C. 4321–4370f). 

We have concluded that there are no 

factors in this case that would limit the 

use of a categorical exclusion under 

section 2.B.2 of the Instruction. 

Therefore, we believe this rule should 

be categorically excluded from further 

environmental documentation under 

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 Check List’’ 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. 

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 

Penalties, Reporting and 

recordkeeping requirements, Seamen, 

Transportation worker identification 

card. 

46 CFR Part 11 

Penalties, Reporting and 

recordkeeping requirements, Schools, 

Seamen. 

46 CFR Part 12 

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. 


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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. 

The Amendments 

For the reasons listed in the preamble, 

the Coast Guard proposes to amend 33 

CFR parts 1, 20, 70, 95, 101, 110, 141, 

155, 156, 160, 162, 163, 164, and 165; 

46 CFR parts 1, 4, 5, 10, 12, 13, 14, 15, 

16, 26, 28, 30, 31, 35, 42, 58, 61, 78, 97, 

98, 105, 114, 115, 122, 125, 131, 151, 

166, 169, 175, 176, 185, 196, 199, 401 

and 402; and in 46 CFR, add a new part 

11 as follows: 

33 CFR Chapter I 

PART 1—GENERAL PROVISIONS 

1. The authority citation for part 1 

continues to read as follows: 

Authority: 14 U.S.C. 633; 33 U.S.C. 401, 

491, 525, 1321, 2716, and 2716a; 42 U.S.C. 

9615; 49 U.S.C. 322; 49 CFR 1.45(b), 1.46; 

section 1.01–70 also issued under the 

authority of E.O. 12580, 3 CFR, 1987 Comp., 

p. 193; and sections 1.01–80 and 1.01–85 also 

issued under the authority of E.O. 12777, 3 

CFR, 1991 Comp., p. 351. 

§ 1.08–5 [Amended] 

2. In § 1.08–5(b)(1), after the word 

‘‘licensed’’, add the words ‘‘or 

credentialed’’. 

§ 1.25–1 [Amended] 

3. In § 1.25–1(a), remove the words 

‘‘documents, certificates, or licenses’’

and add, in their place, the words 

‘‘merchant mariner credentials, 

merchant mariner documents, licenses 

or certificates’’. 

PART 20—RULES OF PRACTICE, 

PROCEDURE, AND EVIDENCE FOR 

FORMAL ADMINISTRATIVE 

PROCEEDINGS OF THE COAST 

GUARD 

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. 

5. In § 20.102—

a. In the definition for ‘‘Complaint’’, 

after the word ‘‘merchant’’, add the 

words ‘‘mariner credential,’’; 

b. In the definition for ‘‘Suspension 

and revocation proceeding or S&R 

proceeding’’, after the words ‘‘merchant 

mariner’s’’, add the word ‘‘credential,’’; 

and 

c. Add definitions for the terms 

‘‘credential’’ and ‘‘Merchant mariner 

credential or MMC’’, in alphabetical 

order, to read as follows: 

§ 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. 

* * * * * 

§ 20.904 [Amended] 

6. In § 20.904—

a. In paragraph (e)(1) introductory 

text, after the words ‘‘certificate of 

registry’’ remove the word ‘‘or’’; and, 

after the word ‘‘document’’, add the 

words ‘‘, credential, or endorsement’’; 

b. In paragraph (e)(1)(i)(B), after the 

word ‘‘certificate’’ remove the word 

‘‘or’’; and, after the word ‘‘document’’, 

add the words ‘‘, credential, or 

endorsement’’; 

c. In paragraph (f) introductory text, 

after the words ‘‘revocation of a’’, add 

the words ‘‘credential, endorsement,’’; 

and 

d. In paragraph (f)(1), after the words 

‘‘issuance of a new’’ remove the words 


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‘‘license, certificate, or document’’ and 

add, in their place the words ‘‘merchant 

mariner credential with appropriate 

endorsement’’. 

§ 20.1201 [Amended] 

7. In § 20.1201—

a. In paragraph (a), remove the word 

‘‘merchant mariner’s license, certificate 

of registry, or document’’ and add, in 

their place, the words ‘‘mariner’s 

credential’’; 

b. In paragraph (b) introductory text, 

before the words ‘‘license, certificate, or 

document’’ wherever they appear, add 

the words ‘‘merchant mariner 

credential,’’; and 

c. In paragraph (b)(2)(ii), after the 

words ‘‘renewal of the’’, add the words 

‘‘merchant mariner credential,’’. 

§ 20.1202 [Amended] 

8. In § 20.1202(a), before the words 

‘‘license, certificate of registry, or 

document’’, add the word ‘‘credential,’’. 

§ 20.1205 [Amended] 

9. In § 20.1205—

a. In the section heading, before the 

words ‘‘license, certificate of registry, or 

document’’, add the words ‘‘merchant 

mariner credential,’’; 

b. In paragraph (a), after the words 

‘‘move that his or her’’, add the words 

‘‘merchant mariner credential,’’; and 

c. In paragraph (b), after the words 

‘‘return of the suspended’’, add the 

word ‘‘credential,’’. 

§ 20.1307 [Amended] 

10. In § 20.1307 paragraph (c)(2), after 

words ‘‘merchant mariner’s license’’, 

add the words ‘‘, merchant mariner 

credential,’’. 

PART 70—INTERFERENCE WITH OR 

DAMAGE TO AIDS TO NAVIGATION 

11. The authority citation for part 70 

continues to read as follows: 

Authority: Secs. 14, 16, 30 Stat. 1152, 

1153; secs. 84, 86, 92, 633, 642, 63 Stat. 500, 

501, 503, 545, 547 (33 U.S.C. 408, 411, 412; 

14 U.S.C. 84, 86, 92, 633, 642). 

§ 70.05–10 [Amended] 

12. In § 70.05–10—

a. In the section heading, after the 

words ‘‘Revocation of’’, add the words 

‘‘merchant mariner credential officer 

endorsement or’’; and 

b. In the text of the section, after the 

words ‘‘shall also have his’’, add the 

words ‘‘merchant mariner credential 

officer endorsement or’’. 

PART 95—OPERATING A VESSEL 

WHILE UNDER THE INFLUENCE OF 

ALCOHOL OR A DANGEROUS DRUG 

13. Revise the authority citation for 

part 95 to read as follows: 

Authority: 33 U.S.C. 2071; 46 U.S.C. 2302; 

Department of Homeland Security Delegation 

No. 0170.1. 

§ 95.015 [Amended] 

14. In § 95.015(b), remove the words 

‘‘a licensed individual’’ and add, in 

their place, the words ‘‘an officer’’. 

§ 95.045 [Amended] 

15. In § 95.045 introductory text, 

remove the words ‘‘a licensed 

individual’’ and add, in their place, the 

words ‘‘an officer’’. 

PART 101—MARITIME SECURITY: 

GENERAL 

16. The authority citation for part 101 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 192; Executive 

Order 12656, 3 CFR 1988 Comp., p. 585; 33 

CFR 1.05–1, 6.04–11, 6.14, 6.16, and 6.19; 

Department of Homeland Security Delegation 

No. 0170.1. 

17. In § 101.105—

a. In the definitions for ‘‘Master’’ and 

‘‘Operator, Uninspected Towing 

Vessel’’, before the word ‘‘license’’, 

wherever it appears, add the words 

‘‘merchant mariner credential or’’; and 

b. Add a definition for the term 

‘‘Merchant mariner credential or MMC’’

to read as follows: 

§ 101.105 Definitions. 

* * * * * 

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 110—ANCHORAGE 

REGULATIONS 

18. The authority citation for part 110 

is revised to read as follows: 

Authority: 33 U.S.C. 471, 1221 through 

1236, 2030, 2035, 2071; 33 CFR 1.05–1(g); 

Department of Homeland Security Delegation 

No. 0170.1. 

§ 110.186 [Amended] 

19. In § 110.186(b)(3), after the words 

‘‘English speaking licensed’’, add the 

words ‘‘or credentialed’’. 

§ 110.188 [Amended] 

20. In § 110.188(b)(10), after the word 

‘‘licensed’’, add the words ‘‘or 

credentialed’’. 

§ 110.214 [Amended] 

21. In § 110.214(a)(3)(i), after the word 

‘‘licensed’’ add the words ‘‘or 

credentialed’’. 

PART 141—PERSONNEL 

22. The authority citation for part 141 

is revised to read as follows: 

Authority: 43 U.S.C. 1356; 46 U.S.C. 

70105; 49 CFR 1.46(z) . 

§ 141.5 [Amended] 

23. In § 141.5(b)(1) remove the words 

‘‘licensed officers, and unlicensed 

crew’’ and add, in their place, the words 

‘‘crew, and officers holding a valid 

license or MMC with officer 

endorsement’’. 

24. In § 141.10, add a definition for 

the term ‘‘Transportation Worker 

Identification Credential or TWIC’’, in 

alphabetical order, to read as follows: 

§ 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. 

§ 141.25 [Amended] 

25. In § 141.25—

a. In paragraph (a) introductory text, 

remove the word ‘‘The’’ and add, in its 

place, the words ‘‘For the purposes of 

this part, the’’; and 

b. In paragraph (a)(1), before the 

words ‘‘merchant mariner’s document’’, 

add the word ‘‘valid’’, and remove the 

words ‘‘under 46 CFR Part 12’’. 

§ 141.30 [Amended] 

26. In § 141.30—

a. In the introductory text, remove the 

first appearance of the word ‘‘The’’ and 

add, in its place, the words ‘‘For the 

purposes of this part, the’’; 

b. In paragraph (a), before the words 

‘‘merchant mariner’s document’’, add 

the word ‘‘valid’’, and remove the words 

‘‘under 46 CFR Part 12’’; and 

c. In paragraph (b), remove the words 

‘‘Immigration and Naturalization 

Service’’ and add, in their place, the 

words ‘‘Immigration and Customs 

Enforcement Agency’’; and 

d. Add a new paragraph (d) to read as 

follows: 

§ 141.30 Evidence of status as a resident 

alien. 

* * * * * 

(d) A valid Transportation Worker 

Identification Credential. 

§ 141.35 [Amended] 

27. In § 141.35(a)(1), after the words 

‘‘merchant mariner’s document’’, add 


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the words, ‘‘Transportation Worker 

Identification Credential,’’. 

PART 155—OIL OR HAZARDOUS 

MATERIAL POLLUTION PREVENTION 

REGULATIONS FOR VESSELS 

28. The authority citation for part 155 

continues to read as follows: 

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 

Pub. L. 101–380. 

29. Revise § 155.110 to read as 

follows: 

§ 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. 

§ 155.710 [Amended] 

30. In § 155.710—

a. In paragraph (a)(2), after the word 

‘‘license’’, add the words ‘‘or officer 

endorsement’’; 

b. In paragraph (e)(1), remove the 

words ‘‘a licensed person’’ and add, in 

their place, the words ‘‘an officer’’; after 

the words ‘‘holds a valid license’’, add 

the words ‘‘or merchant mariner 

credential’’; remove the words ‘‘part 10’’

and add, in their place, the words 

‘‘chapter I, subchapter B,’’; and after the 

words ‘‘merchant mariner’s document’’, 

add the words ‘‘or merchant mariner 

credential’’; 

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 

d. In paragraph (g), after the words 

‘‘need not hold any of the’’, add the 

words ‘‘merchant mariner credentials,’’. 

§ 155.815 [Amended] 

31. In § 155.815(b), after the word 

‘‘licensed’’ add the words ‘‘or 

credentialed’’. 

PART 156—OIL AND HAZARDOUS 

MATERIAL TRANSFER OPERATIONS 

32. The authority citation for part 156 

continues to read as follows: 

Authority: 33 U.S.C. 1231, 1321(j); 46 

U.S.C. 3703a, 3715; E.O. 11735, 3 CFR 1971–

1975 Comp., p. 793. Section 156.120(bb) and 

(ee) are also issued under 46 U.S.C. 3703. 

§ 156.210 [Amended] 

33. In § 156.210(d), remove the words 

‘‘a licensed individual’’ and add, in 

their place, the words ‘‘an officer’’. 

PART 160—PORTS AND WATERWAYS 

SAFETY—GENERAL 

34. The authority citation for part 160 

continues to read as follows: 

Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 

Chapter 701; Department of Homeland 

Security Delegation No. 0170.1. Subpart C is 

also issued under the authority of 33 U.S.C. 

1225 and 46 U.S.C. 3715. 

§ 160.113 [Amended] 

35. In § 160.113(b)(4), remove the 

word ‘‘licensed’’. 

PART 162—INLAND WATERWAYS 

NAVIGATION REGULATIONS 

36. The authority citation for part 162 

is revised to read as follows: 

Authority: 33 U.S.C. 1231; Department of 

Homeland Security Delegation No. 0170.1. 

37. Add a new § 162.5 to read as 

follows: 

§ 162.5 Definitions. 

The following definition applies to 

this part: 

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. 

§ 162.130 [Amended] 

38. In § 162.130(c), in the definition 

for ‘‘Master’’, after the words ‘‘means 

the’’, remove the word ‘‘licensed’’; and, 

after the words ‘‘vessel not requiring’’, 

remove the words ‘‘licensed personnel’’

and add, in their place, the words 

‘‘persons holding licenses or merchant 

mariner credential officer 

endorsements’’. 

PART 163—TOWING OF BARGES 

39. The authority citation for part 163 

continues to read as follows: 

Authority: 33 U.S.C. 152, 2071; 49 CFR 

1.46(n). 

§ 163.01 [Amended] 

40. In § 163.01(b), after the word 

‘‘license’’, add the words ‘‘or merchant 

mariner credential’’. 

41. Add a new § 163.03 to read as 

follows: 

§ 163.03 Definitions. 

The following definition applies to 

this part: 

Merchant mariner credential or MMC 

means the credential issued by the Coast 

Guard under 46 CFR part 10. It 

combines the individual merchant 

mariner’s document, license, and 

certificate of registry enumerated in 46 

U.S.C. subtitle II part E as well as the 

STCW endorsement into a single 

credential that serves as the mariner’s 

qualification document, certificate of 

identification, and certificate of service. 

PART 164—NAVIGATION SAFETY 

REGULATIONS 

42. The authority citation for part 164 

continues to read as follows: 

Authority: 33 U.S.C. 1222(5), 1223, 1231; 

46 U.S.C. 2103, 3703; Department of 

Homeland Security Delegation No. 0170.1 

(75). Sec. 164.13 also issued under 46 U.S.C. 

8502. Sec. 164.61 also issued under 46 U.S.C. 

6101. 

§ 164.13 [Amended] 

43. In § 164.13—

a. In paragraph (b), remove the words 

‘‘a licensed engineer’’ and add, in their 

place, the words ‘‘an engineer with a 

properly endorsed license or merchant 

mariner credential’’; and 

b. In paragraph (c), after the words ‘‘at 

least two’’, remove the word ‘‘licensed’’; 

after the words ‘‘deck officers’’ add the 

words ‘‘with a properly endorsed 

license or merchant mariner credential’’; 

and, after the words ‘‘must be an 

individual’’, remove the word 

‘‘licensed’’ and add, in its place, the 

words ‘‘holding an appropriately 

endorsed license or merchant mariner 

credential’’. 

44. In § 164.70, add a new definition 

for the term ‘‘Merchant mariner 

credential or MMC’’, in alphabetical 

order, to read as follows: 

§ 164.70 Definitions. 

* * * * * 

Merchant mariner credential or MMC 

means the credential issued by the Coast 

Guard under 46 CFR part 10. It 

combines the individual merchant 

mariner’s document, license, and 

certificate of registry enumerated in 46 

U.S.C. subtitle II part E as well as the 

STCW endorsement into a single 


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credential that serves as the mariner’s 

qualification document, certificate of 

identification, and certificate of service. 

* * * * * 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

45. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

46. Add a new § 165.3 to read as 

follows: 

§ 165.3 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. 

§ 165.120 [Amended] 

47. In § 165.120(b)(1), remove the 

words ‘‘ the Licensed Federal Pilot’’ and 

add, in their place, the words ‘‘an 

individual holding a valid merchant 

mariner’s license or merchant mariner 

credential endorsed as pilot’’. 

§ 165.153 [Amended] 

48. In § 165.153(d)(6) and (d)(7), 

remove the word ‘‘licensed’’ wherever it 

appears. 

§ 165.810 [Amended] 

49. In § 165.810(f)(1), remove the 

words ‘‘licensed engineer’’ and add, in 

their place, the words ‘‘appropriately 

licensed or credentialed engineer 

officer’’. 

§ 165.1310 [Amended] 

50. In § 165.1310(f)(2), remove the 

word ‘‘licensed’’ and add, in its place, 

the words ‘‘holding a license or 

merchant mariner credential issued’’. 

46 CFR Chapter I 

PART 1—ORGANIZATION, GENERAL 

COURSE AND METHODS GOVERNING 

MARINE SAFETY FUNCTIONS 

51. The authority citation for part 1 

continues to read as follows: 

Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 

U.S.C. 7701; 46 U.S.C. Chapter 93; Pub. L. 

107–296, 116 Stat. 2135; Department of 

Homeland Security Delegation No. 0170.1; 

§ 1.01–35 also issued under the authority of 

44 U.S.C. 3507. 

52. In § 1.01–05, add new paragraphs 

(d) and (e) to read as follows: 

§ 1.01–05 Definitions. 

* * * * * 

(d) The term Credential means any or 

all of the following: 

(1) Merchant mariner’s document. 

(2) Merchant mariner’s license. 

(3) STCW endorsement. 

(4) Certificate of registry. 

(5) Merchant mariner credential. 

(e) The term Merchant mariner 

credential or MMC means the credential 

issued by the Coast Guard under 46 CFR 

part 10. It combines the individual 

merchant mariner’s document, license, 

and certificate of registry enumerated in 

46 U.S.C. subtitle II part E as well as the 

STCW endorsement into a single 

credential that serves as the mariner’s 

qualification document, certificate of 

identification, and certificate of service. 

§ 1.01–10 [Amended] 

53. In § 1.01–10, in paragraph 

(b)(1)(ii)(C), remove the words ‘‘licenses, 

documents or certificates’’ and add, in 

their place, the word ‘‘credentials’’. 

§ 1.01–15 [Amended] 

54. In § 1.01–15—

a. In paragraph (a)(1), remove the 

words ‘‘licenses, certificates, and 

documents’’ and add, in their place, the 

word ‘‘credentials’’ and remove the 

words ‘‘licensing, certificating’’ and 

add, in their place, the word 

‘‘credentialing’’; and 

b. In paragraph (b), remove the words 

‘‘licensing, certificating’’ and add, in 

their place, the word ‘‘credentialing’’, 

and after the words ‘‘misbehavior of 

persons holding’’, remove the words 

‘‘licenses, certificates, or documents’’

and add, in their place, the word 

‘‘credentials’’, and after the words ‘‘46 

U.S.C. chapter 77 of’’, remove the words 

‘‘licenses, certificates and documents’’

and add, in their place, the word 

‘‘credential’’. 

§ 1.01–25 [Amended] 

55. In § 1.01–25—

a. In paragraph (b)(1), remove the 

words ‘‘licenses, certificates, or 

documents’’ and add, in their place, the 

word ‘‘credentials’’; and 

b. In paragraphs (c) introductory text 

and (c)(1) introductory text, remove the 

words ‘‘license, certificate or document’’

wherever they appear and add, in their 

place, the word ‘‘credential’’. 

PART 4—MARINE CASUALTIES AND 

INVESTIGATIONS 

56. The authority citation for part 4 

continues to read as follows: 

Authority: 33 U.S.C. 1231, 1321; 43 U.S.C. 

1333; 46 U.S.C. 2103, 2306, 6101, 6301, 6305; 

50 U.S.C. 198; Department of Homeland 

Security Delegation No. 170.1. Authority for 

subpart 4.40: 49 U.S.C. 1903(a)(1)(E); 

Department of Homeland Security Delegation 

No. 0170.1. 

57. Add § 4.03–75 to read as follows: 

§ 4.03–75 Merchant mariner credential and 

credential. 

The following definitions apply to 

this part: 

Credential means any or all of the 

following: 

(1) Merchant mariner’s document. 

(2) Merchant mariner’s license. 

(3) STCW endorsement. 

(4) Certificate of registry. 

(5) Merchant mariner credential. 

Merchant mariner credential or MMC 

means the credential issued by the Coast 

Guard under 46 CFR part 10. It 

combines the individual merchant 

mariner’s document, license, and 

certificate of registry enumerated in 46 

U.S.C. subtitle II part E as well as the 

STCW endorsement into a single 

credential that serves as the mariner’s 

qualification document, certificate of 

identification, and certificate of service. 

§ 4.07–1 [Amended] 

58. In § 4.07–1(c)(3), remove the 

words ‘‘any licensed or certificated 

person’’ and add, in their place, the 

words ‘‘any person holding a Coast 

Guard credential’’; and remove the 

words ‘‘license or certificate’’ and add, 

in their place, the word ‘‘credential’’. 

§ 4.07–10 [Amended] 

59. In § 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 

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. 

§ 5.3 [Amended] 

61. In § 5.3 text, remove the words 

‘‘licenses, certificates or documents’’


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and add, in their place, the words 

‘‘credentials or endorsements’’. 

§ 5.5 [Amended] 

62. In § 5.5 text, remove the word 

‘‘certification’’ and add, in its place, the 

words ‘‘certificate, merchant mariner 

credential, endorsement,’’. 

§ 5.19 [Amended] 

63. In § 5.19(b), remove the words 

‘‘license, certificate or document’’ and 

add, in their place, the words 

‘‘credential or endorsement’’. 

64. Add a new § 5.40 to read as 

follows: 

§ 5.40 Credential and merchant mariner 

credential. 

Credential means any or all of the 

following: 

(1) Merchant mariner’s document. 

(2) Merchant mariner’s license. 

(3) STCW endorsement. 

(4) Certificate of registry. 

(5) Merchant mariner credential. 

Merchant mariner credential or MMC 

means the credential issued by the Coast 

Guard under 46 CFR part 10. It 

combines the individual merchant 

mariner’s document, license, and 

certificate of registry enumerated in 46 

U.S.C. subtitle II part E as well as the 

STCW endorsement into a single 

credential that serves as the mariner’s 

qualification document, certificate of 

identification, and certificate of service. 

§ 5.55 [Amended] 

65. In § 5.55(a) introductory text, 

remove the words ‘‘license, certificate or 

document’’ and add, in their place, the 

word ‘‘credential’’. 

66. In § 5.57—

a. Revise the section heading and 

paragraph (b) to read as set out below; 

b. In paragraph (a) introductory text, 

remove the words ‘‘license, certificate or 

document’’ wherever they appear and 

add, in their place, the words 

‘‘credential or endorsement’’; and 

c. In paragraph (c), remove the words 

‘‘license, certificate or document’’ and 

add, in their place, the words 

‘‘credential or endorsement’’. 

§ 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 

endorsement while engaged in official 

matters regarding the credential or 

endorsement. This includes, but is not 

limited to, such acts as applying for 

renewal, taking examinations for raises 

of grade, requesting duplicate or 

replacement credentials, or when 

appearing at a hearing under this part. 

* * * * * 

§ 5.59 [Amended] 

67. In § 5.59—

a. In the section heading, remove the 

words ‘‘licenses, certificates or 

documents’’ and add, in their place, the 

words ‘‘credentials or endorsements’’; 

and 

b. In the introductory text, remove the 

words ‘‘license, certificate or document’’

and add, in their place, the words 

‘‘credential or endorsement’’. 

§ 5.61 [Amended] 

68. In § 5.61—

a. In the section heading, remove the 

words ‘‘licenses, certificates or 

documents’’ and add, in their place, the 

word ‘‘credentials’’; and 

b. In paragraphs (a) introductory text 

and (b), remove the words ‘‘license, 

certificate or document’’ wherever they 

appear and add, in their place, the 

words ‘‘credential or endorsements’’. 

§ 5.101 [Amended] 

69. In § 5.101(a) introductory text, 

(a)(1), and (a)(2), remove the words 

‘‘license, certificate or document’’

wherever they appear and add, in their 

place, the words ‘‘credential or 

endorsement’’. 

§ 5.105 [Amended] 

70. In § 5.105(b), (c), and (e), remove 

the words ‘‘license, certificate or 

document’’ and add, in their place, the 

words ‘‘credential or endorsement’’. 

Subpart E—[Amended] 

71. In the heading to subpart E, 

remove the words ‘‘License, Certificate 

or Document’’ and add, in their place, 

the words ‘‘Coast Guard Credential or 

Endorsement’’. 

§ 5.201 [Amended] 

72. In § 5.201(a), (b) introductory text, 

(b)(4), (c), and (d), remove the words 

‘‘license, certificate or document’’

wherever they appear and add, in their 

place, the words ‘‘credential or 

endorsement’’. 

§ 5.203 [Amended] 

73. In § 5.203(a), (b) introductory text, 

(b)(2), and (c), remove the words 

‘‘license, certificate or document’’

wherever they appear and add, in their 

place, the words ‘‘credential or 

endorsement’’. 

§ 5.205 [Amended] 

74. In § 5.205—

a. In the section heading, remove the 

words ‘‘license, certificate of registry, or 

merchant mariners document’’ and add, 

in their place, the words ‘‘credential or 

endorsement’’; and 

b. In paragraphs (a), (b) introductory 

text, (c) introductory text, and (d), 

remove the words ‘‘license, certificate or 

document’’ wherever they appear and 

add, in their place, the words 

‘‘credential or endorsement’’. 

§ 5.501 [Amended] 

75. In § 5.501, remove the words 

‘‘license, certificate or document’’ and 

add, in their place, the words 

‘‘credential or endorsement’’. 

§ 5.521 [Amended] 

76. In § 5.521—

a. In the section heading, remove the 

words ‘‘license, certificate or document’’

and add, in their place, the word 

‘‘credential’’; 

b. In paragraph (a), after the words 

‘‘all valid’’, remove the words ‘‘licenses, 

certificates, and/or documents’’ and 

add, in their place, the word 

‘‘credentials’’; and, after the words 

‘‘alleges that’’, remove the words ‘‘such 

license, certificate or document’’ and 

add, in their place, the word 

‘‘credential’’; and 

c. In paragraph (b), remove the words 

‘‘license, certificate, or document’’ and 

add, in their place, the word 

‘‘credential’’. 

§ 5.567 [Amended] 

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 words ‘‘credentials or 

endorsements’’; and remove the words 

‘‘license, certificate or document’’

wherever they appear and add, in their 

place, the words ‘‘credential or 

endorsement’’. 

§ 5.707 [Amended] 

78. In § 5.707—

a. In the section heading, remove the 

words ‘‘license, certificate, or 

document’’ and add, in their place, the 

words ‘‘credential or endorsement’’; 

b. In paragraph (a), remove the words 

‘‘license, certificate or document’’

wherever they appear and add, in their 

place, the words ‘‘credential or 

endorsement’’; 

c. In paragraph (c), remove the words 

‘‘document or license’’ and add, in their 

place, the words ‘‘credential or 

endorsement’’; 

d. In paragraph (d), after the words 

‘‘All temporary’’, remove the word 

‘‘documents’’ and add, in its place, the 

words ‘‘credentials or endorsements’’; 

and, after the words ‘‘If a temporary’’, 

remove the word ‘‘document’’ and add, 

in its place, the words ‘‘credential or 

endorsement’’; 

e. In paragraph (e), remove the word 

‘‘document’’ and add, in its place, the 

words ‘‘credential or endorsement’’; and 


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f. In paragraph (f), remove the word 

‘‘documents’’ and add, in its place, the 

word ‘‘credential’’. 

§ 5.713 [Amended] 

79. In § 5.713(a), remove the words 

‘‘licenses, certificates, or documents’’

and add, in their place, the words 

‘‘credentials or endorsements’’. 

§ 5.715 [Amended] 

80. In § 5.715—

a. In the section heading, remove the 

words ‘‘document and/or license’’ and 

add, in their place, the words 

‘‘credential and/or endorsement’’; 

b. In paragraph (a), remove the words 

‘‘document or license’’ and add, in their 

place, the words ‘‘credential and/or 

endorsement’’; and 

c. In paragraph (c), remove the words 

‘‘document and/or license’’ and add, in 

their place, the words ‘‘credential and/ 

or endorsement’’; and, after the words 

‘‘order. This’’, remove the word 

‘‘document’’ and add, in its place, the 

words ‘‘credential and/or endorsement’’. 

Subpart L—[Amended] 

81. In the heading to subpart L, 

remove the words ‘‘Licenses, 

Certificates or Documents’’ and add, in 

their place, the words ‘‘Credential or 

Endorsement’’. 

§ 5.901 [Amended] 

82. In § 5.901(a), (c), (d) introductory 

text, and (e), remove the words ‘‘license, 

certificate or document’’ wherever they 

appear and add, in their place, the 

words ‘‘credential or endorsement’’. 

§ 5.903 [Amended] 

83. In § 5.903(a), (c) introductory text, 

and (c)(2), remove the words ‘‘license, 

certificate or document’’ wherever they 

appear and add, in their place, the 

words ‘‘credential or endorsement’’. 

§ 5.905 [Amended] 

84. In § 5.905(b), remove the words 

‘‘license, certificate or document’’ and 

add, in their place, the words 

‘‘credential or endorsement’’. 

PART 10—MERCHANT MARINER 

OFFICERS AND SEAMEN 

85. The authority citation for part 10 

is revised to read as follows: 

Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 

46 U.S.C. 2101, 2103, and 2110; 46 U.S.C. 

chapter 71; 46 U.S.C. 7502, 7505, 7701, 8906, 

and 70105; Executive Order 10173; 

Department of Homeland Security Delegation 

No. 0170.1. Section 11.107 is also issued 

under the authority of 44 U.S.C. 3507. 

PART 10—[REDESIGNATED AS PART 

11] 

86. Redesignate part 10, consisting of 

§§ 10.101 through 10.1105, as part 11, 

§§ 11.101 through 11.1105. 

87. Add a new part 10 to subchapter 

B to read as follows: 

PART 10—MERCHANT MARINER 

CREDENTIAL 

Subpart 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. 

10.215 Medical and physical requirements. 

10.217 MMC application and examination 

locations. 

10.219 Fees. 

10.221 Citizenship. 

10.223 Modification or removal of 

limitations. 

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 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 

§ 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. 

§ 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–3PSO), 2100 Second 

Street, SW., Washington, DC 20593–

0001, and is available from the sources 

indicated in this section. 

(b) International Maritime 

Organization (IMO), 4 Albert 

Embankment, London SE1 7SR, 

England: 

(1) The STCW—International 

Convention on Standards of Training, 

Certification and Watchkeeping for 

Seafarers, 1978, as amended (the STCW 

Convention or the STCW), incorporation 

by reference approved for §§ 10.107, 

10.109, 10.209, 10.215, and 10.277. 

(2) The Seafarers’ Training, 

Certification and Watchkeeping Code, as 

amended (the STCW Code), 

incorporation by reference approved for 

§§ 10.107, 10.109, 10.209, 10.215, and 

10.277. 

§ 10.105 Paperwork approval. [Reserved] 

§ 10.107 Definitions in subchapter B. 

(a) With respect to part 16 and 

§ 15.1101 of this title only, if the 

definitions in paragraph (b) of this 

section differ from those set forth in 

either § 16.105 or § 15.1101, the 

definition set forth in either § 16.105 or 

§ 15.1101, as appropriate, applies. 

(b) As used in this subchapter, the 

following terms apply only to merchant 

marine personnel credentialing and the 

manning of vessels subject to the 

manning provisions in the navigation 

and shipping laws of the United States: 


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Apprentice mate (steersman) of 

towing vessels means a mariner 

qualified to perform watchkeeping on 

the bridge, while in training onboard a 

towing vessel under the direct 

supervision and in the presence of a 

master or mate (pilot) of towing vessels. 

Approved means approved by the 

Coast Guard according to § 11.302 of 

this chapter. 

Approved training means training that 

is approved by the Coast Guard or meets 

the requirements of § 11.309 of this 

chapter. 

Assistance towing means towing a 

disabled vessel for consideration. 

Assistant engineer means a qualified 

officer in the engine department. 

Authorized official includes, but is 

not limited to, a Federal, State or local 

law enforcement officer. 

Ballast control operator or BCO means 

an officer restricted to service on mobile 

offshore drilling units (MODUs) whose 

duties involve the operation of the 

complex ballast system found on many 

MODUs. When assigned to a MODU, a 

ballast control operator is equivalent to 

a mate on a conventional vessel. 

Barge supervisor or BS means an 

officer restricted to service on MODUs 

whose duties involve support to the 

offshore installation manager (OIM) in 

marine-related matters including, but 

not limited to, maintaining watertight 

integrity, inspecting and maintaining 

mooring and towing components, and 

maintaining emergency and other 

marine-related equipment. A barge 

supervisor, when assigned to a MODU, 

is equivalent to a mate on a 

conventional vessel. 

Boatswain means the leading seaman 

and immediate supervisor of deck crew 

who supervises the maintenance of deck 

gear. 

Cargo engineer means a person 

holding an officer endorsement on a 

dangerous-liquid tankship or a 

liquefied-gas tankship whose primary 

responsibility is maintaining the cargo 

system and cargo-handling equipment. 

Chief engineer means any person 

responsible for the mechanical 

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 onehalf days of service. On vessels of less 

than 100 gross register tons, a day is 

considered as eight hours unless the 

Coast Guard determines that the vessel’s 

operating schedule makes this criteria 

inappropriate, in no case will this 

period be less than four hours. When 

computing service required for MODU 

endorsements, a day is a minimum of 

four hours, and no additional credit is 

received for periods served over eight 

hours. 

Deck crew (excluding individuals 

serving under their officer endorsement) 

means, as used in 46 U.S.C. 8702, only 

the following members of the deck 

department: able seamen, boatswains, 

and ordinary seamen. 

Designated areas means those areas 

within pilotage waters for which first 

class pilot’s endorsements are issued 

under part 11, subpart G, of this chapter, 

by the Officer in Charge, Marine 

Inspection (OCMI). The areas for which 

first class pilot’s endorsements are 

issued within a particular Marine 

Inspection Zone and the specific 

requirements to obtain them may be 

obtained from the OCMI concerned. 

Designated duty engineer or DDE 

means a qualified engineer, who may be 

the sole engineer on vessels with a 

periodically unattended engine room. 

Designated examiner means a person 

who has been trained or instructed in 

techniques of training or assessment and 

is otherwise qualified to evaluate 

whether an applicant has achieved the 

level of competence required to hold a 

merchant mariner credential (MMC) 

endorsement. This person may be 

designated by the Coast Guard or by a 

Coast Guard-approved or accepted 

program of training or assessment. A 

faculty member employed or instructing 

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 


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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 

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. 

Liquefied gas or LG means a cargo that 

has a vapor pressure of 172 kPa (25 psia) 

or more at 37.8 C (100 F). 

Liquid cargo in bulk means a liquid or 

liquefied gas listed in § 153.40 of this 

chapter and carried as a liquid cargo or 

liquid-cargo residue in integral, fixed, or 

portable tanks, except a liquid cargo 

carried in a portable tank actually 

loaded and discharged from a vessel 

with the contents intact. 

Lower level is used as a category of 

deck and engineer officer endorsements 

established for assessment of fees. 

Lower-level officer endorsements are 

other than those defined as upper level, 

for which the requirements are listed in 

subparts D, E, and G of part 11. 

Marine chemist means a person 

certificated by the National Fire 

Protection Association. 

Master means the officer having 

command of a vessel. 

Mate means a qualified officer in the 

deck department other than the master. 

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. 

Oceans means the waters seaward of 

the Boundary Lines as described in 46 

CFR part 7. For the purposes of 

establishing sea service credit, the 

waters of the Inside Passage between 

Puget Sound and Cape Spencer, Alaska, 

are not considered oceans. 

Officer endorsement means an 

annotation on a merchant mariner 

credential that allows a mariner to serve 

in the capacities in § 10.109(a). The 

officer endorsement serves as the 

license and/or certificate of registry 

pursuant to 46 U.S.C. subtitle II part E. 

Officer in Charge, Marine Inspection 

or OCMI means, for the purposes of this 

subchapter, the individual so designated 

at one of the Regional Examination 

Centers, or any person designated as 

such by the Commandant. 

Offshore installation manager or OIM 

means an officer restricted to service on 

MODUs. An assigned offshore 

installation manager is equivalent to a 

master on a conventional vessel and is 

the person designated by the owner or 

operator to be in complete and ultimate 

command of the unit. 

On location means that a mobile 

offshore drilling unit is bottom bearing 

or moored with anchors placed in the 

drilling configuration. 


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Operate, operating, or operation, as 

applied to the manning requirements of 

vessels carrying passengers, refers to a 

vessel anytime passengers are embarked 

whether the vessel is underway, at 

anchor, made fast to shore, or aground. 

Operator means an individual 

qualified to operate certain uninspected 

vessels. 

Orally assisted examination means an 

examination as described in part 11, 

subpart I of this chapter verbally 

administered and documented by an 

examiner. 

Participation, when used with regard 

to the service on transfers required for 

tankerman by §§ 13.120, 13.203, or 

13.303 of this chapter, means either 

actual participation in the transfers or 

close observation of how the transfers 

are conducted and supervised. 

Passes a chemical test for dangerous 

drugs means that the result of a 

chemical test conducted according to 49 

CFR part 40 is reported as ‘‘negative’’ by 

a Medical Review Officer according to 

that part. 

PIC means a person in charge. 

Pilot of towing vessels means a 

qualified officer of a towing vessel 

operated only on inland routes. 

Pilotage waters means the navigable 

waters of the United States, including 

all inland waters and offshore waters to 

a distance of three nautical miles from 

the baseline from which the Territorial 

Sea is measured. 

Practical demonstration means the 

performance of an activity under the 

direct observation of a designated 

examiner for the purpose of establishing 

that the performer is sufficiently 

proficient in a practical skill to meet a 

specified standard of competence or 

other objective criterion. 

Qualified instructor means a person 

who has been trained or instructed in 

instructional techniques and is 

otherwise qualified to provide required 

training to candidates for a merchant 

mariner credential endorsement. A 

faculty member employed at a State 

maritime academy or the U.S. Merchant 

Marine Academy operated under 46 

CFR part 310 and instructing in a 

navigation or engineering course is 

qualified to serve as a qualified 

instructor in his or her area of 

specialization without individual 

evaluation by the Coast Guard. 

Qualified rating means various 

categories of able seaman, qualified 

member of the engine department, 

lifeboatman, or tankerman 

endorsements formerly issued on 

merchant mariner’s documents. 

Raise of grade means an increase in 

the level of authority and responsibility 

associated with an officer or rating 

endorsement. 

Rating endorsement is an annotation 

on a merchant mariner credential that 

allows a mariner to serve in those 

capacities set out in § 10.109(b) and (c). 

The rating endorsement serves as the 

merchant mariner’s document pursuant 

to 46 U.S.C. subtitle II part E. 

Regional examination center or REC 

means a Coast Guard office that issues 

merchant mariners’ credentials and 

endorsements. 

Restricted tankerman endorsement 

means a valid tankerman endorsement 

on a merchant mariner credential 

restricting its holder as the Coast Guard 

deems appropriate. For instance, the 

endorsement may restrict the holder to 

one or a combination of the following: 

a specific cargo or cargoes; a specific 

vessel or vessels; a specific facility or 

facilities; a specific employer or 

employers; a specific activity or 

activities (such as loading or unloading 

in a cargo transfer); or a particular area 

of water. 

Rivers means a river, canal, or other 

similar body of water designated as such 

by the Coast Guard. 

Safe and suitable person means a 

person whose prior record, including 

but not limited to criminal record and/ 

or NDR record, provides no information 

indicating that his or her character and 

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. 

Self propelled has the same meaning 

as the terms ‘‘propelled by machinery’’

and ‘‘mechanically propelled.’’ This 

term includes vessels fitted with both 

sails and mechanical propulsion. 

Self-propelled tank vessel means a 

self-propelled tank vessel, other than a 

tankship. 

Senior company official means the 

president, vice president, vice president 

for personnel, personnel director, or 

similarly titled or responsible 

individual, or a lower-level employee 

designated in writing by one of these 

individuals for the purpose of certifying 

employment and whose signature is on 

file at the REC at which application is 

made. 

Service as, used when computing the 

required service for MODU 

endorsements, means the time period, 

in days, a person is assigned to work on 

MODUs, excluding time spent ashore as 

part of crew rotation. A day is a 

minimum of four hours, and no 

additional credit is received for periods 

served over eight hours. 

Simulated transfer means a transfer 

practiced in a course meeting the 

requirements of § 13.121 of this chapter 

that uses simulation supplying part of 

the service on transfers required for 

tankerman by § 13.203 or 13.303 of this 

chapter. 

Staff officer means a person who 

holds an MMC with an officer 

endorsement listed in § 10.109(a)(31). 

Standard of competence means the 

level of proficiency to be achieved for 

the proper performance of duties 

onboard vessels according to national 

and international criteria. 

STCW means the International 

Convention on Standards of Training, 

Certification and Watchkeeping for 

Seafarers, 1978, as amended 

(incorporated by reference in § 10.103). 

STCW Code means the Seafarer’s 

Training, Certification and 

Watchkeeping Code, as amended 

(incorporated by reference in § 10.103). 

STCW endorsement means an 

annotation on a merchant mariner 

credential that allows a mariner to serve 

in those capacities under § 10.109(d). 

The STCW endorsement serves as 

evidence that a mariner has met the 

requirements of STCW. 

Tank barge means a non-selfpropelled tank vessel. 

Tank vessel means a vessel that is 

constructed or adapted to carry, or that 

carries, oil or hazardous material in bulk 

as cargo or cargo residue, and that: 

(1) Is a vessel of the United States; 

(2) Operates on the navigable waters 

of the United States; or 

(3) Transfers oil or hazardous material 

in a port or place subject to the 

jurisdiction of the United States. 

Tankerman assistant means a person 

holding a valid ‘‘Tankerman-Assistant’’

endorsement to his or her merchant 

mariner credential. 

Tankerman engineer means a person 

holding a valid ‘‘Tankerman-Engineer’’

endorsement to his or her merchant 

mariner credential. 

Tankerman PIC means a person 

holding a valid ‘‘Tankerman-PIC’’

endorsement on his or her merchant 

mariner credential. 

Tankerman PIC (Barge) means a 

person holding a valid ‘‘Tankerman-PIC 

(Barge)’’ endorsement to his or her 

merchant mariner credential. 

Tankship means any tank vessel 

constructed or adapted primarily to 

carry oil or hazardous material in bulk 

as cargo or as cargo residue and 

propelled by power or sail. 

Transfer means any movement of 

dangerous liquid or liquefied gas as 

cargo in bulk or as cargo residue to, 

from, or within a vessel by means of 

pumping, gravitation, or displacement. 


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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 

established for assessment of fees. 

Upper-level endorsements are those for 

which the requirements are listed in 

§§ 11.404 to 11.407 of this subchapter 

and §§ 11.510, 11.512, 11.514, and 

11.516 of this subchapter. 

Western rivers means the Mississippi 

River, its tributaries, South Pass, and 

Southwest Pass, to the navigational 

demarcation lines dividing the high seas 

from harbors, rivers, and other inland 

waters of the United States, and the Port 

Allen-Morgan City Alternate Route, and 

that part of the Atchafalaya River above 

its junction with the Port Allen-Morgan 

City Alternate Route including the Old 

River and the Red River, and those 

waters specified in 33 CFR 89.25. 

Year means 360 days for the purpose 

of complying with the service 

requirements of this subchapter. 

§ 10.109 Classification of endorsements. 

(a) The following officer 

endorsements are established in part 11 

of this subchapter. The endorsements 

indicate that an individual holding a 

valid MMC with this endorsement is 

qualified to serve in that capacity and 

the endorsement has been issued under 

the requirements contained in part 11 of 

this subchapter: 

(1) Master. 

(2) Chief mate. 

(3) Second mate. 

(4) Third mate. 

(5) Mate. 

(6) Master of towing vessel. 

(7) Mate (pilot) of towing vessel. 

(8) Apprentice mate (Steersman). 

(9) Offshore installation manager 

(OIM). 

(10) Barge supervisor (BS). 

(11) Ballast control operator (BCO). 

(12) Radio officer. 

(13) Operator of uninspected 

passenger vessels (OUPV). 

(14) Master of uninspected fishing 

industry vessels. 

(15) Mate of uninspected fishing 

industry vessels. 

(16) Master of offshore supply vessels. 

(17) Chief mate of offshore supply 

vessels. 

(18) Mate of offshore supply vessels. 

(19) Chief engineer. 

(i) Chief engineer (limited ocean). 

(ii) Chief engineer (limited near 

coastal). 

(20) First assistant engineer. 

(21) Second assistant engineer. 

(22) Third assistant engineer. 

(23) Assistant engineer. 

(24) Designated duty engineer (DDE). 

(25) Chief engineer offshore supply 

vessel. 

(26) Engineer offshore supply vessel. 

(27) Chief engineer MODU. 

(28) Assistant engineer MODU. 

(29) Chief engineer uninspected 

fishing industry vessels. 

(30) Assistant engineer uninspected 

fishing industry vessels. 

(31) Staff officers who are registered 

in the following grades: 

(i) Chief purser. 

(ii) Purser. 

(iii) Senior assistant purser. 

(iv) Junior assistant purser. 

(v) Medical doctor. 

(vi) Professional nurse. 

(vii) Marine physician assistant. 

(viii) Hospital corpsman. 

(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. 

(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. 

(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 § 10.103): 

(1) Master. 

(2) Chief mate. 

(3) Officer in charge of a navigational 

watch (OICNW). 

(4) Chief engineer. 

(5) Second engineer officer. 

(6) Officer in charge of an engineering 

watch in a manned engineroom or 

designated duty engineer in a 

periodically unmanned engineroom 

(OICEW). 

(7) Rating forming part of a 

navigational watch (RFPNW). 

(8) Rating forming part of a watch in 

a manned engineroom or designated to 

perform duties in a periodically 

unmanned engineroom (RFPEW). 

(9) Proficiency in survival craft and 

rescue boats other than fast rescue boats 

(PSC). 

(10) Proficiency in fast rescue boats. 

(11) Person in charge of medical care. 

(12) Medical first aid provider. 

(13) GMDSS at-sea maintainer. 

(14) GMDSS operator. 

Subpart B—General Requirements for 

all Merchant Mariner Credentials 

§ 10.201 General characteristics of the 

merchant mariner credential. 

(a) A merchant mariner credential 

(MMC) (Coast Guard Form CG–XXXX), 

is a credential combining the elements 

of the merchant mariner’s document 

(MMD), merchant mariner’s license 

(license), and certificate of registry 

(COR) enumerated in 46 U.S.C. subtitle 

II part E as well as the STCW 

endorsement issued pursuant to the 

STCW Convention and STCW Code 

incorporated by reference in § 10.103. 

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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 

department, or in any capacity covered 

by a general endorsement. 

(c) An MMC may be issued to 

qualified applicants by the National 

Maritime Center or at any Regional 

Examination Center during usual 

business hours, or through the mail. 

§ 10.203 Requirement to hold a TWIC and 

a merchant mariner credential. 

(a) Any mariner required to hold a 

license, MMD, COR, and/or an STCW 

endorsement by a regulation in 33 CFR 

chapter I or 46 CFR chapter I must hold 

an MMC. A mariner may continue to 

serve under the authority of and within 

any restriction on their license, MMD, 

COR, and/or STCW endorsement until 

the first renewal or upgrade of that 

credential, but not later than [Insert date 

five years after effective date of the final 

rule]. 

(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. 

(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. 

§ 10.205 Validity of a merchant mariner 

credential. 

(a) An MMC is valid for a term of five 

years from the date of issuance. 

(b) All endorsements are valid until 

the expiration date of the MMC on 

which they appear. 

(c) A mariner may not serve under the 

authority of an MMC past its expiration 

date. An expired MMC may be renewed 

during an administrative grace period of 

up to one year beyond its expiration 

date as per § 10.227(f) of this part. 

(d) When an MMC is renewed or reissued before its expiration date in 

accordance with § 10.227, the MMC that 

has been replaced becomes invalid. 

(e) An MMC is not valid until signed 

by the applicant and a duly authorized 

Coast Guard official. 

(f) A mariner’s STCW endorsement is 

valid only when the related officer or 

rating endorsement is valid. 

(g) A mariner’s endorsements 

authorize the holder to serve in any 

capacity endorsed on the MMC, or in 

any lower capacity in the same 

department, or in any capacity covered 

by a general endorsement thereon. 

(h) If a mariner chooses to renew his 

or her license, MMD, COR, or STCW 

endorsement and receive their first 

MMC, the Coast Guard may also renew 

all other credentials for which the 

mariner is qualified. 

§ 10.207 Identification number. 

For recordkeeping purposes only, a 

mariner’s official MMC identification 

number is the individual’s social 

security number. However, a unique 

serial number, and not the social 

security number, will appear on the 

credential. 

§ 10.209 General application procedures. 

(a) The applicant for an MMC, 

whether original, renewal, duplicate, 

raise of grade, or a new endorsement on 

a previously issued MMC, must 

establish to the Coast Guard that he or 

she satisfies all the requirements for the 

MMC and endorsement(s) sought before 

the Coast Guard will issue the MMC. 

This section contains the general 

requirements for all applicants. 

Additional requirements for duplicates, 

renewals, new endorsements, and raises 

of grade appear later in this part. 

(b) The Coast Guard may refuse to 

process an incomplete MMC 

application. The requirements for a 

complete application for an original 

MMC are contained in § 10.225, the 

requirements for a renewal MMC 

application are in § 10.227, the 

requirements for a duplicate MMC 

application are contained in § 10.229, 

and the requirements for an application 

for a new endorsement or raise of grade 

are contained in § 10.231. 

(c) Applications are valid for 12 

months from the date that the Coast 

Guard approves the application. 

(d) The portions of the application 

that may be submitted by mail, fax, or 

other electronic means may include: 

(1) The application, consent for NDR 

check, and notarized oath on Coast 

Guard-furnished forms, and the 

evaluation fee required by § 10.219 of 

this part; 

(2) The applicant’s continuous 

discharge book, certificate of 

identification, MMD, MMC, license, 

STCW endorsement, COR, or, if it has 

not expired, a photocopy of the 

credential, including the back and all 

attachments; 

(3) Proof, documented on a form 

provided by the Coast Guard, that the 

applicant passed the applicable vision, 

hearing, medical or physical exam as 

required by § 10.215 of this part; 

(4) If the applicant desires a credential 

with a radar-observer endorsement in 

accordance with § 11.480 of this 

chapter, either the radar-observer 

certificate or a certified copy; 

(5) Evidence of, or acceptable 

substitute for, sea service, if required; 

(6) For an endorsement as a medical 

doctor or professional nurse as required 

in § 11.807, evidence that the applicant 

holds a currently valid, appropriate 

license as physician, surgeon, or 

registered nurse, issued under the 

authority of a state or territory of the 

United States, the Commonwealth of 

Puerto Rico, or the District of Columbia. 

Any MMC issued will retain any 

limitation associated with the medical 

license; 

(7) Any certificates or other 

supplementary materials required to 

show that the mariner meets the 

mandatory requirements for the specific 

endorsement sought, as established in 

parts 11, 12 or 13 of this chapter; and 

(8) An open-book exercise, in 

accordance with § 10.227(d)(8)(i) of this 

part. 

(e) The following requirements must 

be satisfied before an original or renewal 

MMC, or new endorsement or a raise of 

grade added to a previously issued 

MMC, will be issued. These materials 

will be added to the individual’s record 

by the Coast Guard: 

(1) Determination of safety and 

suitability. No MMC will be issued as an 

original or reissued with a new 

expiration date, and no new officer 

endorsement will be issued if the 

applicant fails the criminal record 

review as set forth in § 10.211 of this 

part; 

(2) NDR review. No MMC will be 

issued as an original or reissued with a 

new expiration date, and no new officer 

endorsement will be issued until the 

applicant has passed an NDR review as 

set forth in § 10.213 of this part; and 

(3) Information supplied by the 

Transportation Security Administration 

(TSA). 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 citizenship, and 

proof of legal resident alien status (if 

applicable). 


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(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. The Coast Guard will 

not issue an MMC until it has received 

proof that the mariner holds a valid 

TWIC. 

(g) When a new MMC is issued, the 

mariner must return the previously 

issued MMC, license, MMD, COR, or 

STCW endorsement to the Coast Guard, 

unless the new MMC is being issued to 

replace a lost or stolen credential. Upon 

written request at the time of 

application, the cancelled, previously 

issued credential(s) will be returned to 

the applicant. 

(h) Unless otherwise stated in this 

part, an applicant who fails a chemical 

test for dangerous drugs will not be 

issued an MMC. 

§ 10.211 Criminal record review. 

(a) The Coast Guard may conduct a 

criminal record review to determine the 

safety and suitability of an applicant for 

an MMC and any endorsements. An 

applicant conducting simultaneous 

MMC transactions will undergo a single 

criminal record review. At the time of 

application, each applicant must 

provide written disclosure of all prior 

convictions. 

(b) A criminal record review is not 

required for applicants seeking a 

duplicate MMC under § 10.229. 

(c) Fingerprints. 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 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 denied. 

(e) If an application is disapproved, 

the applicant will be notified in writing 

of that fact, the reason or reasons for 

disapproval, and advised that the appeal 

procedures in subpart 1.03 of part 1 of 

this chapter apply. No examination will 

be given pending decision on appeal. 

(f) No person who has been convicted 

of a violation of the dangerous drug 

laws of the United States, the District of 

Columbia, any State, territory, or 

possession of the United States, or a 

foreign country, by any military or 

civilian court, is eligible for an MMC, 

except as provided elsewhere in this 

section. No person who has ever been 

the user of, or addicted to the use of a 

dangerous drug, or has ever been 

convicted of an offense described in 

section 205 of the National Driver 

Register Act of 1982, as amended (49 

U.S.C. 30304) because of addiction to or 

abuse of alcohol is eligible for an MMC, 

unless he or she furnishes satisfactory 

evidence of suitability for service in the 

merchant marine as provided in 

paragraph (l) of this section. A 

conviction for a drug offense more than 

10 years before the date of application 

will not alone be grounds for denial. 

(g) The Coast Guard will use table 

10.211(g) to evaluate applicants who 

have criminal convictions. The table 

lists major categories of criminal activity 

and is not to be construed as an allinclusive list. If an applicant is 

convicted of an offense that does not 

appear on the list, the Coast Guard will 

establish an appropriate assessment 

period using the list as a guide. The 

assessment period commences when an 

applicant is no longer incarcerated. The 

applicant must establish proof of the 

time incarcerated and periods of 

probation and parole to the satisfaction 

of the Coast Guard. The assessment 

period may include supervised or 

unsupervised probation or parole. 

TABLE 10.211(G).—GUIDELINES FOR EVALUATING APPLICANTS FOR MMCS WHO HAVE CRIMINAL CONVICTIONS

Crime 1 Minimum Maximum 

ASSESSMENT PERIODS FOR OFFICER AND RATING ENDORSEMENTS 

Assessment periods 

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 molestation) ........................................................................................................... 5 years ............. 10 years. 

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. 

Dangerous Drug Offenses 345

Trafficking (sale, distribution, transfer) .............................................................................................................. 5 years ............. 10 years. 

Dangerous drugs (Use or possession) .............................................................................................................. 1 year ............... 10 years. 

Other dangerous drug convictions 6. 


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TABLE 10.211(G).—GUIDELINES FOR EVALUATING APPLICANTS FOR MMCS WHO HAVE CRIMINAL CONVICTIONS—

Continued 

Crime 1 Minimum Maximum 

ASSESSMENT PERIODS FOR OFFICER ENDORSEMENTS ONLY 

Assessment periods 

Crime 1 ............................................................................................................................................................... Minimum ........... Maximum 

Criminal Violations of Environmental Laws 

Criminal violations of environmental laws involving improper handling of pollutants or hazardous materials 1 year ............... 10 years. 

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. 2Other crimes will be reviewed by the Coast Guard to determine the minimum and maximum assessment periods depending on the nature of 

the crime. 3Applicable 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. 4The 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. 5Applicants must demonstrate rehabilitation under paragraph (l) of this section, including applicants with dangerous drug use convictions more 

than 10 years old. 6Other 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) of § 10.213 based 

upon the applicant’s convictions; the 

maximum assessment period will be the 

longest shown in table 10.211(g) and 

table 10.213(c) of § 10.213 based upon 

the applicant’s convictions. 

(i) If a person with a criminal 

conviction applies before the minimum 

assessment period shown in table 

10.211(g) or established by the Coast 

Guard under paragraph (g) of this 

section has elapsed, then the applicant 

must provide, as part of the application 

package, evidence of suitability for 

service in the merchant marine. Factors 

that are evidence of suitability for 

service in the merchant marine are 

listed in paragraph (l) of this section. 

The Coast Guard will consider the 

applicant’s evidence submitted with the 

application and may issue the MMC 

and/or endorsement in less than the 

listed minimum assessment period if 

the Coast Guard is satisfied that the 

applicant is suitable to hold the MMC 

and/or endorsement for which he or she 

has applied. If an application filed 

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 

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; 


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(3) Character references from persons 

who can attest to the applicant’s 

sobriety, reliability, and suitability for 

employment in the merchant marine 

including parole or probation officers; 

(4) Steady employment; and 

(5) Successful completion of all 

conditions of parole or probation. 

§ 10.213 National Driver Register. 

(a) No MMC will be issued as an 

original or reissued with a new 

expiration date, and no new officer 

endorsement will be issued, unless the 

applicant consents to a check of the 

NDR for offenses described in section 

205(a)(3) (A) or (B) of the NDR Act (i.e., 

operation of a motor vehicle while 

under the influence of, or impaired by, 

alcohol or a controlled substance; and 

any traffic violations arising in 

connection with a fatal traffic accident, 

reckless driving, or racing on the 

highways). 

(b) The Coast Guard will not consider 

NDR-listed civil convictions that are 

more than three years old from the date 

of request unless that information 

relates to a current suspension or 

revocation of the applicant’s license to 

operate a motor vehicle. The Coast 

Guard may determine minimum and 

maximum assessment periods for NDRlisted criminal convictions using table 

10.213(c). An applicant conducting 

simultaneous MMC transactions is 

subject to only one NDR check. 

(c) The guidelines in table 10.213(c) 

will be used by the Coast Guard in 

evaluating applicants who have drug or 

alcohol related NDR-listed convictions. 

Non-drug or alcohol related NDR-listed 

convictions will be evaluated by the 

Coast Guard under table 10.211(g) of 

§ 10.211 as applicable. 

TABLE 10.213(C).—GUIDELINES FOR EVALUATING APPLICANTS FOR MMCS WHO HAVE NDR MOTOR VEHICLE

CONVICTIONS INVOLVING DANGEROUS DRUGS OR ALCOHOL 1

Number of convictions Date of conviction Assessment period 

1 ................................. Less than 1 year ................ 1 year from date of conviction. 

1 ................................. More than 1, less than 3 

years.

Application will be processed, unless suspension, or revocation 2 is still in effect. Applicant will be advised that additional conviction(s) may jeopardize merchant mariner credentials. 

1 ................................. More than 3 years old ........ Not necessary unless suspension or revocation is still in effect. 

2 or more ................... Any less than 3 years old .. 1 year since last 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 years old ... Application will be processed unless suspension or revocation is still in effect. 

1Any 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. 2Suspension 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. 

§ 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 

by a licensed medical doctor, licensed 

physician assistant, or licensed nurse 

practitioner. 

(1) First-class pilots, and those serving 

as pilots under § 15.812 of this part, on 

vessels and tank barges of 1,600 GRT or 

more must satisfactorily complete 

annual medical exams and, unless 

exempt per 46 CFR 16.220, pass annual 

chemical tests for dangerous drugs and 

submit the results to the Coast Guard. 

(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 

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TABLE 10.215(A) 

1 Credential 2 Vision test 3 Hearing test 4 General medical 

exam 

5 Demonstration 

of physical ability 

(i) Deck officer, including pilot ................................................. § 10.215(b)(1) X X X 

(ii) Engineering officer .............................................................. § 10.215(b) (2) X X X 

(iv) Radio officer ...................................................................... § 10.215(b)(2) X X X 

(v) Offshore installation manager, barge supervisor, or ballast control operator ............................................................. § 10.215(b)(2) X X X 

(vi) Able seaman ...................................................................... § 10.215(b)(1) X X X 

(vii) QMED ............................................................................... § 10.215(b)(2) X X X 

(viii) RFPNW ............................................................................ § 10.215(b)(1) X X X 

(ix) RFPEW .............................................................................. § 10.215(b)(2) X X X 

(x) Tankerman ......................................................................... § 10.215(b)(2) X X X 

(xi) Food handler serving on vessels to which STCW does 

not apply ............................................................................... .............................. .............................. § 10.215(d)(2) ..............................

(xii) Food handler serving on vessels to which STCW applies .............................. .............................. § 10.215(d)(2) X 

(xiii) Ratings, including entry level, serving on vessels to 

which STCW applies, other than those listed above ........... .............................. .............................. .............................. X 

(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 16-, 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 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; 

(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 


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package these reports remain valid for 

12 months from the date of the 

application approval. 

(g) Medical waivers. Where an 

applicant does not possess the vision, 

hearing, or general physical condition 

necessary, the Coast Guard, after 

consultation with the examining 

licensed physician, licensed physician 

assistant, or licensed nurse practitioner 

may grant a waiver if extenuating 

circumstances warrant special 

consideration. An applicant may submit 

to the Coast Guard additional 

correspondence, records, and reports in 

support of a waiver. In this regard, 

recommendations from agencies of the 

Federal Government operating 

government vessels, as well as owners 

and operators of private vessels, made 

on behalf of their employees, will be 

given full consideration. Waivers are not 

normally granted to an applicant whose 

corrected vision in the better eye is not 

at least 20/40 for deck officers or 20/50 

for engineer officers. 

(h) Individuals holding only a staff 

officer endorsement need not meet the 

medical and physical requirements of 

this section. 

§ 10.217 Merchant mariner credential 

application and examination locations. 

(a) Applicants may apply to the Coast 

Guard National Maritime Center or any 

of the Regional Examination Centers. 

Applicants may contact the National 

Maritime Center at 4200 Wilson 

Boulevard, Suite 630, Arlington, 

Virginia 22203–1804, or by telephone at 

202–493–1002. A list of Regional 

Examination Center locations is 

available through the Coast Guard Web 

site at http://www.uscg.mil. 

(b) Coast Guard-designated facilities. 

The Coast Guard may designate 

additional locations to provide services 

to applicants for MMCs. 

(c) Exam Locations Abroad. (1) Coast 

Guard Merchant Marine Details abroad 

may conduct exams for ratings at 

locations other than the RECs, but are 

not prepared to conduct the physical 

examination where required. Merchant 

Marine Details may not issue regular 

rating endorsements, but temporary 

permits in lieu thereof. Merchant 

Marine Details will instruct the 

recipient of each temporary permit to 

present it to the OCMI, upon arrival in 

the first port in the United States in 

order to exchange it for a permanent 

credential. 

(2) The temporary permit must be 

accepted by the OCMI as proof that the 

bearer has complied with the rules and 

regulations governing the issuance of 

credentials, except as noted in the body 

of the temporary permit. The 

requirements noted in the exceptions 

will be complied with as in the case of 

other applicants. 

(3) The written examinations are 

forwarded to the National Maritime 

Center by Merchant Marine Details. 

When an applicant with a temporary 

permit appears before an OCMI, that 

OCMI may request and obtain the 

examination from the National Maritime 

Center. Any OCMI who doubts the 

propriety of issuing a permanent 

credential instead of a temporary permit 

which has been issued by an overseas 

Merchant Marine Detail must inform the 

National Maritime Center fully as to the 

circumstances. 

§ 10.219 Fees. 

(a) Use table 10.219(a) of this section 

to calculate the mandatory fees for 

MMCs and associated endorsements. 

TABLE 10.219(A).—FEES

If you apply for 

And you need . . . 

Evaluation 

then the fee 

is . . . 

Examination 

then the fee 

is . . . 

Issuance 

then the fee 

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 limitation or scope .......................................................................... $50 ............... $45 ............... $45. 

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 other than qualified ratings .................................................. $95 ............... n/a ................ $45. 

Original endorsement for qualified rating .................................................................................. $95 ............... $140 ............. $45. 

Upgrade or Raise of Grade ...................................................................................................... $95 ............... $140 ............. $45. 

Renewal endorsement for ratings other than qualified ratings ................................................. $50 ............... n/a ................ $45. 

Renewal endorsement for qualified rating ................................................................................ $50 ............... $45 ............... $45. 

STCW certification: 

Original ...................................................................................................................................... No fee .......... No fee .......... No fee. 

Renewal .................................................................................................................................... No fee .......... No fee .......... No fee. 

Reissue, replacement, and duplicate ............................................................................................... n/a ................ n/a ................ $45.1

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. 


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(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. 

(4) Checks or money orders must be 

made payable to the U.S. Coast Guard, 

and full legal name and last four digits 

of the applicant’s security number must 

appear on the front of each check or 

money order. 

(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, 4200 Wilson 

Boulevard, Suite 630, Arlington, VA 

22203–1804, 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-forprofit, charitable organization. 

(ii) The following organizations are 

accepted by the Coast Guard as meeting 

the requirements of paragraph (h)(1) of 

this section and need not submit 

evidence of their status: Boy Scouts of 

America, Sea Explorer Association, Girl 

Scouts of the United States of America, 

and Young Men’s Christian Association 

of the United States of America. 

(3) A letter from an organization 

determined eligible under paragraph 

(h)(2) of this section must also 

accompany the person’s MMC 

application to the Coast Guard. The 

letter must state that the purpose of the 

person’s application is solely to further 

the conduct of the organization’s 

maritime activities. The applicant then 

is eligible under this section to obtain a 

no-fee MMC if other requirements for 

the MMC are met. 

(4) An MMC issued to a person under 

this section is endorsed restricting its 

use to vessels owned or operated by the 

sponsoring organization. 

(5) The holder of a no-fee MMC issued 

under this section may have the 

restriction removed by paying the 

appropriate evaluation, examination, 

and issuance fees that would have 

otherwise applied. 

§ 10.221 Citizenship. 

(a) (1) MMCs with officer 

Endorsements. Only individuals with 

valid U.S. citizenship may apply for 

officer endorsements, except 

individuals applying for endorsements 

as operators of uninspected passenger 

vessels authorizing service on 

undocumented vessels in accordance 

with § 11.201(d) of this part. 

(2) All other MMCs. All other 

applicants must be either: 

(A) Citizens of the United States; 

(B) Aliens lawfully admitted to the 

United States for permanent residence; 

or 

(C) Foreign nationals who are enrolled 

in the United States Merchant Marine 

Academy (USMMA). 

(b) 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). 

(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) Unexpired U.S. passport; 

(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) above, 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) above, the 

individual must provide an original 

unexpired foreign passport and an 

original of any one of the following 

documents: 

(i) Alien registration receipt card 

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) above, proof of enrollment 

in the United States Merchant Marine 

Academy (USMMA) in the form of an 


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original letter from the USMMA, signed 

by the Superintendent attesting to the 

individual’s enrollment along with a 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) above, or proof of 

acceptable alien status as provided in 49 

CFR 1572.105. 

§ 10.223 Modification or removal of 

limitations or scope. 

(a) If the Coast Guard is satisfied by 

the documentary evidence submitted 

that an applicant is entitled by 

experience, training, and knowledge to 

an endorsement or increase in the scope 

of any MMC held, any limitations that 

were previously placed upon the MMC 

by the Coast Guard may be changed or 

removed. Such an increase in scope may 

include a change in horsepower or 

tonnage limitations, or geographic route 

restrictions. 

(b) Modifications or removal of 

limitations or scope to MMC 

endorsement(s) under this section will 

not change the expiration date of the 

mariner’s MMC unless the applicant 

renews all endorsements that would 

appear on the MMC under § 10.227 of 

this part. 

(c) A complete application for 

modification or removal of limitation of 

scope must contain the following: 

(1) A completed signed application; 

(2) 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 

§ 10.103). 

(4) The appropriate fee as set forth in 

§ 10.219 of this part; and 

(5) Any uncanceled MMD, MMC, 

license, STCW endorsement, or COR 

held by the applicant. If one or more of 

these credentials are still valid at the 

time of application, a photocopy, front 

and back of all pages, and all 

attachments, will satisfy this 

requirement. If the applicant submits a 

photocopy, upon the issuance of the 

new MMC, the applicant must surrender 

the old, original credential to the Coast 

Guard. If requested in writing at the 

time of submission, the old MMD, 

MMC, license, COR, or STCW 

endorsement may be returned to the 

applicant after cancellation. 

(d) No limitation on any endorsement 

may be changed before the applicant has 

made up any deficiency in the 

experience prescribed for the 

endorsement or endorsement desired 

and passed any necessary examination. 

§ 10.225 Requirements for original 

merchant mariner credentials. 

(a) An applicant must apply as an 

original if the MMC sought is: 

(1) The first credential issued to the 

applicant; 

(2) The first credential issued to an 

applicant after their previous credential 

has expired and they do not hold a 

document of continuity under 

§ 10.227(e) of this part or an equivalent 

unexpired continuity endorsement on 

their license or MMD; or 

(3) The first credential issued to an 

applicant after their previous credential 

was revoked pursuant to § 10.235 of this 

part. 

(b) A complete application for an 

original MMC must contain the 

following: 

(1) A completed, signed application; 

(2) Proof that the mariner either holds 

a valid TWIC or has applied for a TWIC 

within the past 30 days; 

(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 

(Incorporated by reference, see 

§ 10.103). 

(4) The appropriate fee as set forth in 

§ 10.219 of this part; 

(5) Any uncanceled MMD, MMC, 

license, STCW endorsement, or COR 

held by the applicant. If one or more of 

these credentials are still valid at the 

time of application, a photocopy, front 

and 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) Evidence of having passed a 

chemical test for dangerous drugs or of 

qualifying for an exemption from testing 

in § 16.220 of this subchapter; 

(7) 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; 

(8) Proof, documented on a form 

provided by the Coast Guard, that the 

applicant passed all applicable vision, 

hearing, medical and/or physical exams 

as required by § 10.215 of this part. 

(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; and 

(10) The oath as required in paragraph 

(c) below. 

(c) Oath. Every person who receives 

an original MMC must first take an oath, 

before an official authorized to give 

such oath, that he or she will faithfully 

and honestly, according to his or her 

best skill and judgment, without 

concealment or reservation, perform all 

the duties required by law and obey all 

lawful orders of superior officers. An 

oath may be administered by any Coast 

Guard-designated individual or any 

person legally permitted to administer 

oaths in the jurisdiction where the 

person taking the oath resides. An oath 

administered at a location other than 

those listed in § 10.217 must be verified 

in writing by the administering official 

and submitted to the same REC where 

the applicant applied for his or her 

MMC. This oath remains binding for 

any subsequently issued MMC and 

endorsements added to the MMC unless 

specifically renounced in writing. 

§ 10.227 Requirements for renewal. 

(a) Except as provided in paragraph 

(e) of this section, an applicant for 

renewal of a credential must establish 

possession of all of the necessary 

qualifications before the renewal MMC 

will be issued. 


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(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) Proof that the mariner holds a 

valid TWIC; 

(3) The appropriate fee as set forth in 

§ 10.219 of this part; 

(4) Any uncanceled MMD, MMC, 

license, STCW endorsement, or COR 

held by the applicant. If one or more of 

these credentials are still valid at the 

time of application, a photocopy, front 

and back and all attachments, will 

satisfy this requirement. If the applicant 

submits a photocopy, upon the issuance 

of the new MMC, the applicant must 

surrender the old original credential to 

the Coast Guard. If requested in writing 

at the time of submission, the old MMD, 

MMC, license, COR, or STCW 

endorsement may be returned to the 

applicant after cancellation; 

(5) Evidence of having passed a 

chemical test for dangerous drugs or of 

qualifying for an exemption from testing 

in § 16.220 of this subchapter: 

(6) Proof, documented on a form 

provided by the Coast Guard, that the 

applicant passed all applicable vision, 

hearing, medical and/or physical exams 

as required by § 10.215 of this part. 

(7) Consent to a Coast Guard check of 

the NDR for offenses described in 

section 205(a)(3)(A) or (B) of the 

National Driver Register Act of 1982, as 

amended. 

(8) Except as provided in subparagraph (viii) below, the applicant 

must meet the following professional 

requirements for renewal: 

(i) The applicant must either—

(A) Present evidence of at least one 

year of sea service during the past five 

years; 

(B) Pass a comprehensive, open-book 

exercise covering the general subject 

matter contained in appropriate sections 

of subpart I of this part; 

(C) Complete an approved refresher 

training course; or 

(D) Present evidence of employment 

in a position closely related to the 

operation, construction or repair of 

vessels (either deck or engineer as 

appropriate) for at least three years 

during the past five years. An applicant 

for a deck license or officer endorsement 

with this type of employment must also 

demonstrate knowledge on an 

applicable Rules of the Road open book 

exercise. 

(ii) The qualification requirements for 

renewal of radar observer endorsement 

are in § 11.480 of this chapter. 

(iii) Additional qualification 

requirements for renewal of an officer 

endorsement as first-class pilot are 

contained in § 11.713 of this chapter. 

(iv) An applicant for renewal of a 

radio officer’s endorsement must, in 

addition to meeting the requirements of 

this section, present a currently valid 

license as first-or second-class 

radiotelegraph operator issued by the 

Federal Communications Commission. 

This license will be returned to the 

applicant. 

(v) An applicant for renewal of an 

endorsement as medical doctor or 

professional nurse must, in addition to 

meeting the requirements of this 

section, present evidence that he or she 

holds a currently valid, appropriate 

license as physician, surgeon, or 

registered nurse issued under the 

authority of a State or territory of the 

United States, the Commonwealth of 

Puerto Rico, or the District of Columbia. 

Any such renewal will retain the 

limitations placed upon the medical 

license by the issuing body. There are 

no professional requirements for 

renewal of an endorsement as marine 

physician assistant or hospital 

corpsman. 

(vi) An applicant for renewal of an 

endorsement as master or mate (pilot) of 

towing vessels must submit satisfactory 

evidence of: 

(A) Having completed a practical 

demonstration of maneuvering and 

handling a towing vessel to the 

satisfaction of a designated examiner; or 

(B) Ongoing participation in training 

and drills during the validity of the 

license or MMC being renewed. 

(vii) An applicant seeking to renew a 

tankerman endorsement must meet the 

additional requirements listed in 

§ 13.120 of this chapter. 

(viii) There are no professional 

requirements for renewal for the 

following endorsements: (A) Radio 

officer; 

(B) Staff officers (all types); 

(C) Ordinary seaman; 

(D) Wiper; 

(E) Steward’s department (F.H.); 

(F) Cadet; 

(G) Student observer; 

(H) Apprentice engineer; 

(I) Apprentice mate (issued under Part 

12 of this Subchapter); 

(J) Person in charge of medical care; 

(K) Medical first aid provider; 

(L) GMDSS at-sea maintainer; and 

(M) GMDSS operator. 

(9) Except as otherwise provided, 

each candidate for a renewal of an 

STCW endorsement must meet the 

applicable requirements of § 11.202 of 

this chapter and must meet the 

requirements of Section A–VI/2, 

paragraphs 1 to 4 of the STCW Code. 

(e) Document of continuity. (1) 

Applicants for renewal who are 

unwilling or otherwise unable to meet 

the requirements of paragraph (d) of this 

section, including but not limited to the 

medical and physical standards of 

§ 10.215, drug tests, and TWIC may 

apply for a document of continuity 

issued by the Coast Guard. Documents 

of continuity do not expire and are 

issued solely to maintain an 

individual’s eligibility for renewal. A 

document of continuity does not entitle 

an individual to serve as a merchant 

mariner. A holder of a document of 

continuity may obtain a properly 

endorsed, valid MMC at any time by 

satisfying the requirements for renewal 

as provided in paragraph (d). 

(2) Applications for a document of 

continuity must include: 

(i) The credential to be renewed. 

Upon written request, the Coast Guard 

will return the credential to the 

applicant after it has been cancelled; 

and 

(ii) An application including a signed 

statement from the applicant attesting to 

an awareness of the limited purpose of 

the Document of Continuity, their 

inability to serve, and the requirements 

to obtain an MMC. 

(f) Administrative grace period. 

Except as provided herein, a credential 

may not be renewed more than 12 

months after it has expired. To obtain a 

reissuance 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 


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applicant must demonstrate continued 

professional knowledge by completing a 

course approved for this purpose, or by 

passing the complete examination. The 

examination may be oral-assisted if the 

expired credential was awarded on an 

oral exam. The fees set forth in § 10.219 

apply to these examinations. In the case 

of an expired radio officer’s 

endorsement, the endorsement may be 

issued upon presentation of a valid firstor second-class radiotelegraph operator 

license issued by the Federal 

Communications Commission. 

(2) An endorsement for chief purser, 

purser, senior assistant purser, junior 

assistant purser, hospital corpsman, 

marine physician assistant, medical 

doctor, or professional nurse that has 

been expired for more than 12 months 

shall be renewed in the same way as a 

current endorsement of that type. There 

are no additional requirements for 

reissuing endorsements for chief purser, 

purser, senior assistant purser, junior 

assistant purser, hospital corpsman, 

marine physician assistant, medical 

doctor, or professional nurse that have 

been expired for more than 12 months. 

§ 10.229 Issuance of duplicate merchant 

mariner credentials. 

(a) Upon request and without 

examination, a mariner may be issued a 

duplicate credential after submitting an 

application with an affidavit describing 

the circumstances of the loss. The Coast 

Guard will only issue the duplicate 

credential after confirming the validity 

of the mariner’s credential and 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 [Insert date 5 years 

after the effective date of the final rule], 

if a mariner seeks a duplicate of more 

than one credential, the MMC issued 

will reflect endorsements for all 

credentials lost, and the expiration date 

will match the earliest expiration date of 

the credentials lost. 

(c) If a person loses a credential by 

shipwreck or other casualty, a duplicate 

will be issued free of charge. The term 

‘‘other casualty’’ includes any damage to 

a ship caused by collision, explosion, 

tornado, wreck, flooding, beaching, 

grounding, or fire; or personal loss 

associated with a federally declared 

natural disaster. 

(d) If a person loses a credential by 

means other than those noted in 

paragraph (c) of this section and applies 

for a duplicate, the appropriate fee set 

out in § 10.219 must be paid. 

(e) No application from an alien for a 

duplicate credential will be accepted 

unless the alien complies with the 

requirements of § 10.221 of this part. 

(f) Applications for duplicate 

credentials will not be subject to a 

criminal record review. 

§ 10.231 Requirements for raises of grade 

or new endorsements. 

(a) This section applies to applicants 

who already hold a valid credential and 

want to make the following 

transaction(s): 

(1) Add a new endorsement; or 

(2) Raise of grade of an existing 

endorsement. 

(b) New endorsements or raises of 

grade of existing endorsements on an 

MMC under this section will not change 

the expiration date of the MMC unless 

the applicant renews all endorsements 

that appear on the MMC under § 10.227 

of this part. 

(c) A complete application for a new 

endorsement or raise of grade must 

contain the following: 

(1) A completed, signed application; 

(2) Proof that the mariner holds a 

valid TWIC; 

(3) All supplementary materials 

required to show that the mariner meets 

the mandatory requirements for the new 

endorsement(s) sought; 

(i) The mandatory requirements for 

officer endorsements are contained in 

part 11 of this chapter and paragraph (d) 

of this section. 

(ii) The mandatory requirements for 

rating endorsements are contained in 

part 12 of this chapter. 

(iii) The mandatory requirements for 

tankerman rating endorsements are 

contained in part 13 of this chapter. 

(iv) The mandatory requirements for 

STCW endorsements are contained in 

parts 11 and 12 of this chapter and in 

the STCW Convention and Code 

(incorporated by reference, see 

§ 10.103). 

(4) The appropriate fee as set forth in 

§ 10.219 of this part; 

(5) Any uncanceled MMD, MMC, 

license, STCW endorsement, or COR 

held by the applicant. If one or more of 

these credentials are still valid at the 

time of application, a photocopy, front 

and back and all attachments, will 

satisfy this requirement. If the applicant 

submits a photocopy, upon the issuance 

of the new MMC, the applicant must 

surrender the old original credential to 

the Coast Guard. If requested in writing 

at the time of submission, the old MMD, 

MMC, license, COR, or STCW 

endorsement may be returned to the 

applicant after cancellation; 

(6) Applicants for the following 

endorsements must produce evidence of 

having passed a chemical test for 

dangerous drugs or of qualifying for an 

exemption from testing in § 16.220 of 

this subchapter: 

(i) any officer endorsement; and 

(ii) the first endorsement as able 

seaman, lifeboatman, qualified member 

of the engine department, or tankerman. 

(7) An applicant for an endorsement 

where sea service is required must 

produce discharges or other 

documentary evidence of service, 

indicating the name, tonnage, and 

horsepower of the vessels, dates of 

service, capacity in which the applicant 

served, and on what waters; 

(8) Applicants who have not 

submitted evidence within the past 

three years that they have passed all 

applicable vision, hearing, medical and/ 

or physical exams required in § 10.215 

for the particular endorsement sought, 

must submit proof, on a Coast Guard 

approved form, that the applicant has 

passed those medical/physical tests and 

exams; and 

(9) Consent to a Coast Guard check of 

the NDR for offenses described in 

section 205(a)(3)(A) or (B) of the 

National Driver Register Act of 1982, as 

amended. 

(d) Additional requirements for an 

applicant seeking a raise of grade of an 

officer endorsement: 

(1) Sea service acquired before the 

issuance of an officer endorsement is 

generally not accepted as any part of the 

service required for a raise of grade of 

that endorsement. However, service 

acquired before issuance of an officer 

endorsement will be accepted for 

certain crossovers, endorsements, or 

increases in scope of an MMC, as 

appropriate. In the limited tonnage 

categories for deck officers, total 

accumulated service is a necessary 

criterion for most raises of grade; service 

acquired before the issuance of such 

officer endorsements will, therefore, be 

accepted. 

(2) No raise of grade may be issued to 

any naturalized citizen on less 

experience in any grade than would 

have been required of a citizen of the 

United States by birth. 

(3) Experience and service acquired 

on foreign vessels while holding a valid 

U.S. officer endorsement is creditable 

for establishing eligibility for a raise of 

grade, subject to evaluation by the Coast 

Guard to determine that it is a fair and 

reasonable equivalent to service 

acquired on merchant vessels of the 

United States, with respect to grade, 

tonnage, horsepower, waters, and 

operating conditions. An applicant who 

has obtained the qualifying experience 

on foreign vessels shall submit 

satisfactory documentary evidence of 


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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 

§ 11.205(f) of this chapter. The Coast 

Guard will place in the applicant’s file 

a record indicating the subjects covered. 

(iii) The general instructions for 

administration of examinations and the 

lists of subjects for all officer 

endorsements appear in part 11, subpart 

I of this chapter. 

§ 10.233 Obligations of the holder of a 

merchant mariner credential. 

(a) The holder of a credential may not 

voluntarily part with it or place it 

beyond his or her personal control by 

pledging or depositing it with any other 

person. If the holder violates this 

section, the Coast Guard may pursue 

suspension or revocation of the license, 

MMD, COR, or MMC under the 

provisions of part 5 of this chapter. 

(b) Whenever a mariner loses a 

credential, he or she must immediately 

report the loss to the Coast Guard. The 

report must be made in writing, giving 

the facts incident to its loss. 

(c) Invalid credentials must be 

returned to the Coast Guard. Upon 

written request the Coast Guard will 

return the cancelled credential to the 

mariner. 

§ 10.235 Suspension or revocation of 

merchant mariner credentials. 

(a) Any MMC or endorsement is 

subject to suspension or revocation on 

the same grounds, in the same manner, 

and with like procedure as provided in 

46 U.S.C. chapter 77. 

(b) When any individual’s credential 

is revoked, it is no longer valid for any 

purpose and any MMC subsequently 

requested must be applied for as an 

original. When an endorsement on an 

individual’s MMC is revoked, it is no 

longer valid and any endorsement of the 

same type subsequently requested must 

be applied for as an original. When an 

officer’s endorsement is revoked, the 

Coast Guard will issue an MMC 

containing any rating endorsement for 

which the holder is qualified. 

(c) An applicant who has had a TWIC, 

credential, or endorsement revoked, and 

who is applying for a subsequent MMC 

or endorsement, must state in his or her 

application the date of revocation, the 

serial number of the document revoked, 

and the type of document or 

endorsement revoked. 

(d) A person whose credential or 

endorsement has been revoked or 

suspended without probation may not 

be issued a replacement credential or 

endorsement without approval of the 

Commandant. If a mariner has multiple 

endorsements and one or more, but not 

all, of those endorsements are 

suspended or revoked, the mariner may 

apply for a replacement MMC reflecting 

those endorsements for which the 

mariner remains qualified. 

(e) When a credential or endorsement 

that is about to expire has been 

suspended, the renewal of the credential 

or endorsement will be withheld until 

expiration of the suspension period. 

(f) An applicant for renewal or return 

of a credential with endorsement as 

master or mate (pilot) of towing vessels 

whose most recent credential has been 

suspended or revoked by an 

administrative law judge for 

incompetence must complete the 

practical demonstration required under 

§ 10.227(d)(8)(vi)(A). 

(g) 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 constitutes a 

security threat. 

(h) A mariner that has either been 

denied issuance of a TWIC or whose 

TWIC has been revoked will be deemed 

a security risk that poses a threat to the 

safety or security of a vessel or a public 

or commercial structure located within 

or adjacent to the marine environment. 

§ 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 

(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. 

§ 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. 


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TABLE 10.239. 

Endorsement category Minimum age Citizenship Medical and physical exam Experience Recommendations and character check Firefighting Professional exam Demonstration of professional ability Recency of service First aid and CPR 

Master, mates and operators of 

uninspected passenger vessels (original).

21, 11.201(e) 

Note: exceptions.

U.S., 11.201(d) 

Note: exception for OUPV.

Yes, 10.215 

Note: exceptions.

Yes, 11.205 (b); 

subpart D.

11.205(c) .......... 11.205(d) Note: 

exceptions.

Yes, 11.205 (f); 

11.903; 11.910 Note: 11.903(b).

Yes, 11.205(g); 

11.901(c); 11.903(c).

Yes, 3 months in 

past 3 years, 11.201(c).

11.205(e) Note: 

exceptions. 

Engineers (original) ..... 21, 11.201(e) 

Note: exceptions.

U.S., 11.201(d) 

no exceptions.

Yes, 10.215 

Note: exceptions.

Yes, 11.205(b); 

subpart E.

11.205(c) .......... 11.205(d) .......... 11.205(f); 

11.903; 11.950.

Yes, 11.205(g); 

11.901(c); 11.903(c).

Yes, 3 months in 

past 3 years, 11.201(c).

11.205(e) Note: 

exceptions. 

Officer raises of grade 21, 11.201(e) 

Note: exceptions.

U.S., 11.201(d) 

no exceptions.

Yes, 10.215 

Note: exceptions.

Yes, 10.231 (c); 

subpart D and E.

N/A .................... Yes; 10.231 (e) Yes, 10.231(d); 

11.903; 11.910; 11.920; 11.950.

Yes, 11.205(g); 

11.901(c); 11.903(c).

Yes, 3 months in 

past 3 years, 11.201(c).

N/A. 

Officer renewals ........... N/A .................... U.S., 11.201(d) 

no exceptions.

Yes, 10.215 

Note: exceptions.

Yes, 10.227(g) 

Note: exceptions.

N/A .................... N/A .................... 10.227(g) .......... Towing officers, 

10.227(i).

Yes, 1 year in 

past 5, 10.227(g) Note: alternative.

N/A. 

Pilot .............................. 21, 46 U.S.C. 

7101.

U.S., 11.201(d) 

no exceptions.

Yes, 10.215 

Note: exceptions.

Yes, 11.703 ...... 11.205(c) .......... N/A .................... 11.707; 11.903; 

11.910.

N/A .................... Yes, 11.703, 

11.75(e), 11.713.

11.205(e) Note: 

exceptions. 

Towing vessels ............ 21, Master 19, 

Mate 18, App. Mate 11.201(e).

U.S., 11.201(d) 

no exceptions.

Yes, 10.215 

Note: exceptions.

Yes, 10.464; 

10.465; 10.466.

11.205(c) .......... Yes, 11.205(d) 

oceans.

Yes, 11.205 (f); 

11.903; 11.910 Note: 11.903(b).

Yes, 11.464; 

11.465; 11.205(g); 11.901(c).

Yes, 3 months in 

past 3 years, 11.201(c).

11.205(e) Note: 

exceptions. 

Uninspected fishing industry vessels. 21, 11.201(e) Note: exceptions. U.S., 11.201(d) no exceptions. Yes, 10.215 Note: excep- tions. Deck: 11.462; Eng: 11.530. 11.205(c) .......... 11.205(d) Note: exceptions. Yes, 11.205 (f); 11.903; 11.910 Note: 

11.903(b).

N/A .................... Yes, 3 months in 

past 3 years, 11.201(c).

11.205(e) Note: 

exceptions. 

Radio officer ................ 19, 11.201(e)(1) U.S., 11.201(d) 

no exceptions.

Yes, 10.215 

Note: exceptions.

11.603 ............... 11.205(c) .......... N/A .................... N/A .................... N/A .................... N/A .................... 11.205(e) Note: 

exceptions. 

Staff officer .................. N/A .................... U.S., 11.201(d) 

no exceptions.

Yes, 10.215 

Note: exceptions.

11.807 ............... 11.205(c) .......... N/A .................... N/A .................... N/A .................... N/A .................... N/A. 

Staff officer renewals ... N/A .................... U.S., 11.201(d) 

no exceptions.

Yes, 10.215 

Note: exceptions.

10.227(g)(5) ...... N/A .................... N/A .................... N/A .................... N/A .................... N/A .................... N/A. 

Offshore installation 

manager, barge supervisor, ballast control operator.

21, 11.201(e) 

Note: exceptions.

U.S., 11.201(d) 

no exceptions.

Yes, 10.215 

Note: exceptions.

OIM: 11.470 

B.S.: 11.472 BCO: 11.474 Eng: 11.540.

11.205(c) .......... 11.205(d) .......... Yes, 11.205 (f); 

11.903; 11.920.

N/A .................... Yes, 3 months in 

past 3 years, 11.201(c).

11.205(e) Note: 

exceptions. 

Able seamen ............... 18, 12.05–3 

(a)(1).

U.S. or alien admitted for permanent residence, 10.221. Yes, 10.215 Note: excep- tions. 12.05–7 ............. N/A .................... N/A .................... Yes, 12.05–3 (a); 12.05–9. Yes, 12.05–3 (c); 12.05–9. Renewal only, 1 year in past 5, 10.227(g) Note: alternative. 12.05–3(b). 

Qualified members of 

engine department.

N/A .................... U.S. or alien admitted for permanent residence, 10.221. Yes, 10.215 Note: excep- tions. 12.15–7 ............. N/A .................... N/A .................... Yes, 12.15–9 .... Yes, 12.15–3(d) Renewal only, 1 year in past 5, 10.227(g) Note: alternative. 12.15–3(d). 

Entry level ratings ........ N/A .................... U.S. or alien admitted for permanent residence, 10.221. Yes, 10.215 Note: excep- tions. N/A .................... N/A .................... N/A .................... N/A .................... N/A .................... N/A .................... N/A. 


ycherry on PROD1PC64 with PROPOSALS2
3664 Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Proposed Rules 

88. Revise the heading to newly 

redesignated part 11 to read as follows: 

PART 11—REQUIREMENTS FOR 

OFFICER ENDORSEMENTS 

89. The authority citation for part 11 

continues to read as follows: 

Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 

46 U.S.C. 2101, 2103, and 2110; 46 U.S.C. 

chapter 71; 46 U.S.C. 7502, 7505, 7701, and 

8906; Executive Order 10173; Department of 

Homeland Security Delegation No. 0170.1. 

Section 11.107 is also issued under the 

authority of 44 U.S.C. 3507. 

90. In newly redesignated § 11.101—

a. Revise paragraphs (a) introductory 

text and (a)(1) to read as set out below; 

b. In paragraph (a)(2), remove the 

words ‘‘certificate or’’ and, after the 

words ‘‘as amended’’, remove the words 

‘‘in 1995’’; 

c. In paragraph (b), remove the word 

‘‘licenses’’ and add, in its place, the 

words ‘‘officer endorsements’’; remove 

the words ‘‘all licensed personnel shall’’

and add, in their place, the words ‘‘each 

officer credentialed under this part 

must’’; and, after the words 

‘‘characteristics of’’, remove the word 

‘‘each’’ and add, in its place, the word 

‘‘a’’; and 

d. In paragraph (c)(1), remove the 

words ‘‘license or license endorsement’’

and add, in their place, the words 

‘‘officer endorsement’’: 

§ 11.101 Purpose of regulations. 

(a) These regulations provide—

(1) A means of determining the 

qualifications an applicant must possess 

to be eligible for an officer endorsement 

as a staff officer, deck officer, engineer, 

pilot, or radio officer on merchant 

vessels, or for an endorsement to 

operate uninspected passenger vessels; 

and 

* * * * * 

91. Revise newly redesignated 

§ 11.102 to read as follows: 

§ 11.102 Incorporation by reference. 

(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–3PSO), 2100 Second 

Street, SW., Washington, DC 20593–

0001, and is available from the sources 

indicated in this section. 

(b) International Maritime 

Organization (IMO), 4 Albert 

Embankment, London SE1 7SR, 

England: 

(1) The International Convention on 

Standards of Training, Certification and 

Watchkeeping for Seafarers, 1978, as 

amended (the STCW Convention or the 

STCW), approved for incorporation by 

reference in §§ 11.202, 11.304, 11.603; 

11.901, 11.903, 11.1005, and 11.1105. 

(2) The Seafarers’ Training, 

Certification and Watchkeeping Code, as 

amended (the STCW Code), approved 

for incorporation by reference in 

§§ 11.202, 11.304, 11.603, 11.901, 

11.903, 11.1005, and 11.1105. 

§ 11.103 [Removed and Reserved] 

92. Remove and reserve newly 

redesignated § 11.103. 

§ 11.105 [Removed and Reserved] 

93. Remove and reserve newly 

redesignated § 11.105. 

94. In newly redesignated § 11.107, 

revise paragraphs (b)(1), (2) and (3) to 

read as follows: 

§ 11.107 Paperwork approval. 

* * * * * 

(b) * * * 

(1) OMB 1625–0040–46 CFR 11.201, 

11.202, 11.205, 11.470, 11.472, 11.474, 

11.542, and 11.544. 

(2) OMB 1625–028–46 CFR 11.302, 

11.303, 11.304, 11.480. 

(3) OMB 1625–0079–46 CFR 11.304 

and 11.309. 

§ 11.109 [Removed and Reserved] 

95. Remove and reserve newly 

redesignated § 11.109. 

§ 11.110 [Removed and Reserved] 

96. Remove and reserve newly 

redesignated § 11.110. 

§ 11.111 [Removed and Reserved] 

97. Remove and reserve newly 

redesignated § 11.111. 

§ 11.112 [Removed and Reserved] 

98. Remove and reserve newly 

redesignated § 11.112. 

§ 11.113 [Removed and Reserved] 

99. Remove and reserve newly 

redesignated § 11.113. 

Subpart B—[Amended] 

100. In the heading to subpart B 

remove the words ‘‘All License and 

Certificates of Registry’’ and add in their 

place the words ‘‘Officer Endorsements’’

101. Revise newly redesignated 

§ 11.201 to read as follows: 

§ 11.201 Eligibility for officer 

endorsements and STCW endorsements, 

general. 

(a) In addition to the requirements of 

part 10 of this chapter, the applicant for 

an officer endorsement, whether 

original, renewal, duplicate, or raise of 

grade, must establish to the satisfaction 

of the Coast Guard that he or she 

possesses all the qualifications 

necessary (including but not limited to 

age, experience, character references 

and recommendations, physical health, 

citizenship, approved training, passage 

of a professional examination, a test for 

dangerous drugs, and when required by 

this part, a practical demonstration of 

skills) before the Coast Guard will issue 

a merchant mariner credential (MMC). 

(b) Except as provided in § 11.467(h) 

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 operator of uninspected 

passenger vessels limited to vessels 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); 

(vii) Assistant engineer of fishing 

industry vessels; 

(viii) Mate (pilot) of towing vessels; 

(ix) Radio officer; 


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Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Proposed Rules 3665 

(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. 

102. Revise newly redesignated 

§ 11.202 to read as follows: 

§ 11.202 STCW endorsements. 

(a) General. When an original MMC is 

issued, renewed, upgraded, or otherwise 

modified, the OCMI will determine 

whether the applicant needs to have an 

STCW endorsement for service on a 

seagoing vessel and then, if the 

applicant is qualified, will issue the 

appropriate endorsement. The OCMI 

will also issue an STCW endorsement at 

other times, if circumstances so require 

and if the applicant is qualified to hold 

the endorsement. 

(b) Basic safety training or instruction. 

Except as provided in paragraph (f) of 

this section, an STCW endorsement will 

be issued only when the candidate 

provides evidence of having achieved 

or, if training has been completed, 

having maintained the minimum 

standards of competence for the 

following four areas of basic safety 

within the previous five years upon 

assessment of a practical demonstration 

of skills and abilities: 

(1) Personal survival techniques as set 

out in table A–VI/1–1 of the STCW Code 

(incorporated by reference in § 11.102). 

(2) Fire prevention and firefighting as 

set out in table A–VI/1–2 of the STCW 

Code (incorporated by reference, see 

§ 11.102). 

(3) Elementary first aid as set out in 

table A–VI/1–3 of the STCW Code 

(incorporated by reference, see 

§ 11.102). 

(4) Personal safety and social 

responsibilities as set out in table A–VI/ 

1–4 of the STCW Code (incorporated by 

reference § 11.102). 

(c) Competence in the use of 

Automatic Radar-Plotting Aids (ARPA). 

(1) Subject to paragraphs (c)(2) and (f) of 

this section, each candidate for an 

STCW endorsement as master or mate 

for service on vessels in ocean or nearcoastal service, must present a 

certificate of completion from an 

approved course or from accepted 

training on an ARPA simulator. The 

course or training must be sufficient to 

establish that the applicant is competent 

to maintain safe navigation through the 

proper use of ARPA, by correctly 

interpreting and analyzing the 

information obtained from that device 

and taking into account both the 

limitations of the equipment and the 

prevailing circumstances and 

conditions. The simulator used in the 

course or training must meet or exceed 

the performance standards established 

under STCW Regulation I/12. 

(2) Training and assessment in the use 

of ARPA are not required for mariners 

serving exclusively on vessels not fitted 

with ARPA. However, when any 

mariner so serving has not completed it, 

his or her STCW endorsement will 

indicate this limitation. 

(d) Endorsement for operator of radio 

in the Global Maritime Distress and 

Safety System (GMDSS). (1) Subject to 

paragraphs (d)(2) and (f) of this section, 

each candidate for an STCW 

endorsement as master or mate for 

service on vessels in ocean or nearcoastal service, shall present: 

(i) A certificate for operator of radio 

in the GMDSS issued by the Federal 

Communications Commission (FCC); 

and 

(ii) A certificate of completion from a 

Coast Guard-approved or accepted 

course for operator of radio in the 

GMDSS or from another approved-oraccepted 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. 

(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). 

(3) Each candidate presenting a 

certificate described in paragraph (d)(1) 

of this section may receive a GMDSS 

endorsement. 

(e) Procedures for bridge team work. 

Except as otherwise provided in 

paragraph (f) of this section, each 

candidate for an STCW endorsement as 

master or mate for service on vessels in 

ocean or near-coastal service, must 

present sufficient documentary proof 

that he or she understands and can 

effectively apply procedures for bridge 

team work as an essential aspect of 

maintaining a safe navigational watch, 

taking into account the principles of 

bridge-resource management 

enumerated in Section B–VIII/2 of the 

STCW Code. 

(f) Notwithstanding paragraph (b) 

through (e) of this section, § 11.304, and 

§ 11.901, each mariner found qualified 

to hold any of the following officer 

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. 


ycherry on PROD1PC64 with PROPOSALS2
3666 Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Proposed Rules 

(2) Masters, mates, or engineers 

endorsed for service on seagoing vessels 

of less than 200 gross register tons 

(GRT), other than passenger vessels 

subject to subchapter H of this chapter. 

(g) No mariner serving on, and no 

owner or operator of any of the 

following vessels, need hold an STCW 

endorsement, because they are exempt 

from application of STCW: 

(1) Uninspected passenger vessels as 

defined in 46 U.S.C. 2101(42). 

(2) Fishing vessels as defined in 46 

U.S.C. 2101(11)(a). 

(3) Fishing vessels used as fish-tender 

vessels as defined in 46 U.S.C. 

2101(11)(c). 

(4) Barges as defined in 46 U.S.C. 

2101(2), including non-self-propelled 

mobile offshore drilling units. 

(5) Vessels operating exclusively on 

the Great Lakes or on the inland waters 

of the U.S. in the Straits of Juan de Fuca 

inside passage. 

§ 11.203 [Removed and Reserved] 

103. Remove and reserve newly 

redesignated § 11.203. 

§ 11.204 [Removed and Reserved] 

104. Remove and reserve newly 

redesignated § 11.204. 

105. Revise newly redesignated 

§ 11.205 to read as follows: 

§ 11.205 Requirements for original officer 

endorsements and STCW endorsements. 

(a) General. In addition to the 

requirements in part 10 of this chapter 

and §§ 11.201 through 11.203, 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, are 

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 § 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 

(IMO) Resolution A.437 (XI) Training of 

Crews in Firefighting. 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 over 200 GRT. 

(3) All officer endorsements for 

master or mate (pilot) of towing vessels, 

except apprentice mate (steersman) of 

the vessels, on oceans. 


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Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Proposed Rules 3667 

(4) All officer endorsements for 

MODUs. 

(5) All officer endorsements for 

engineers. 

(e) First aid and cardiopulmonary 

resuscitation (CPR) course certificates. 

All applicants for an original officer 

endorsement, except as provided in 

§§ 11.429, 11.456, and 11.467 of this 

part, must present to the OCMI: 

(1) A certificate indicating completion 

of a first aid course not more than one 

year from the date of application from: 

(i) The American National Red Cross 

Standard First Aid and Emergency Care 

or Multi-media Standard First Aid 

course; 

(ii) A Coast Guard-approved first aid 

training course; or 

(iii) A course the OCMI determines 

meets or exceeds the standards of the 

American Red Cross courses; and 

(2) A currently valid certificate of 

completion of a CPR course from either: 

(i) The American National Red Cross; 

(ii) The American Heart Association; 

(iii) A Coast Guard approved CPR 

training course; or 

(iv) A course the OCMI determines 

meets or exceeds the standards of the 

American Red Cross or American Heart 

Association courses. 

(f) Professional Examination. (1) 

When the OCMI finds the applicant’s 

experience and training to be 

satisfactory and the applicant is eligible 

in all other respects, the OCMI will 

authorize the examination in 

accordance with the following 

requirements: 

(i) Any applicant for a deck or 

engineer officer endorsement limited to 

vessels not exceeding 500 GRT, or an 

officer endorsement limited to 

uninspected fishing-industry vessels, 

may request an oral-assisted 

examination in lieu of any written or 

other textual examination. If there are 

textual questions that the applicant has 

difficulty reading and understanding, 

the OCMI will offer the oral-assisted 

examination. Each officer endorsement 

based on an oral-assisted examination is 

limited to the specific route and type of 

vessel upon which the applicant 

obtained the majority of service. 

(ii) The general instructions for 

administration of examinations and the 

lists of subjects for all officer 

endorsements appear in subpart I of this 

part. The OCMI will place in the 

applicant’s file a record indicating the 

subjects covered. 

(2) When the application of any 

person has been approved, the applicant 

should take the required examination as 

soon as practicable. If the applicant 

cannot be examined without delay at 

the office where the application is 

made, the applicant may request that 

the examination be given at another 

office. 

(3) The qualification requirements for 

radar observer are contained in § 11.480. 

(4) An examination is not required for 

a staff officer or radio officer 

endorsement. 

(g) Practical demonstration of skills. 

Each candidate for an original STCW 

endorsement must successfully 

complete any practical demonstrations 

required under this part and appropriate 

to the particular endorsement 

concerned, to prove that he or she is 

sufficiently proficient in skills required 

under subpart I of this part. The OCMI 

must be satisfied with the authenticity 

and acceptability of all evidence that 

each candidate has successfully 

completed the demonstrations required 

under this part in the presence of a 

designated examiner. The OCMI will 

place a written or electronic record of 

the skills required, the results of the 

practical demonstrations, and the 

identification of the designated 

examiner in whose presence the 

requirements were fulfilled in the file of 

each candidate. 

§ 11.207 [Removed and Reserved] 

106. Remove and reserve newly 

redesignated § 11.207. 

§ 11.209 [Removed and Reserved] 

107. Remove and reserve newly 

redesignated § 11.209. 

§ 11.210 [Removed and Reserved] 

108. Remove and reserve newly 

redesignated § 11.210. 

§ 11.211 [Amended] 

109. In newly redesignated § 11.211—

a. In the section heading, remove the 

words ‘‘licensing purposes’’ and add, in 

their place, the words ‘‘officer 

endorsements’’; 

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’’; 

c. In paragraph (b) introductory text, 

remove the word ‘‘license’’ and add, in 

its place, the words ‘‘officer 

endorsement’’; 

d. In paragraph (c), after the words 

‘‘raise of grade of’’ remove the word 

‘‘license’’ and add, in its place, the 

words ‘‘officer endorsement’’; and after 

the words ‘‘equivalent while holding’’; 

remove the word ‘‘a’’ and add, in its 

place, the words ‘‘an officer 

endorsement or’’; and, after the words 

‘‘unlimited, nonrestricted’’ remove the 

word ‘‘licenses’’ and add, in its place, 

the words ‘‘officer licenses or 

endorsements’’; and 

e. In paragraph (d), after the words 

‘‘raise of grade of any deck’’, remove the 

word ‘‘licenses’’ and add, in its place, 

the words ‘‘officer endorsement’’; and, 

after the words ‘‘required for an 

unlimited’’, remove the word ‘‘license’’

and add, in its place, the words ‘‘officer 

endorsement’’. 

§ 11.213 [Amended] 

110. In newly redesignated § 11.213—

a. In paragraph (a), after the words ‘‘in 

scope of all’’, remove the word 

‘‘licenses’’ and add, in its place, the 

words ‘‘officer endorsements’’; and after 

the words ‘‘and limit of’’, remove the 

word ‘‘license’’ and add, in its place, the 

words ‘‘officer endorsement’’; and after 

the words ‘‘or chief engineer’s 

unlimited’’, remove the word ‘‘license’’

and add, in its place, the words ‘‘officer 

endorsement’’; 

b. In paragraph (b), remove the words 

‘‘licensing purposes’’ wherever they 

appear and add, in their place, the 

words ‘‘the purposes of this part’’; 

c. In paragraph (d), remove the word 

‘‘licenses’’ wherever it appears and add, 

in its place, the words ‘‘officer 

endorsements’’; after the words 

‘‘submitted for the’’ remove the word 

‘‘license’’ and add, in its place, the word 

‘‘endorsement’’; and after the words 

‘‘submitted for an original’’, remove the 

word ‘‘license’’ and add, in its place, the 

words ‘‘officer endorsement’’; and 

d. In paragraph (e), after the words ‘‘in 

which a license’’, add the words ‘‘or 

officer endorsement’’. 

§ 11.215 [Removed and Reserved] 

111. Remove and reserve § 11.215. 

§ 11.217 [Amended] 

112. In newly redesignated § 11.217—

a. In the section heading, remove the 

word ‘‘licenses’’ and add, in its place, 

the words ‘‘officer endorsements’’; 

b. In paragraph (a)(1), after the words 

‘‘deck and engineer unlimited’’, remove 

the word ‘‘licenses’’ and add, in its 

place, the words ‘‘officer 

endorsements’’, and remove the words 

‘‘table 10.109 in § 10.109’’ and add, in 

their place, the words ‘‘table 10.219(a) 

in § 10.219 of this chapter’’; 

c. In paragraph (a)(2), after words 

‘‘deck and engineer’’, remove the words 

‘‘license’’ and add, in its place, the 

words ‘‘officer endorsement’’; and 

remove the words ‘‘table 10.109 in 

§ 10.109’’ and add, in their place, the 

words ‘‘table 10.219(a) in § 10.219’’; and 

d. In paragraph (b), remove the word 

‘‘license’’ and add, in its place, the word 


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‘‘endorsement’’; and remove the words 

‘‘the applicant is furnished’’ and add, in 

their place, the words ‘‘the Coast Guard 

will provide the applicant’’. 

§ 11.219 [Removed and Reserved] 

113. Remove and reserve newly 

redesignated § 11.219. 

§ 11.221 [Removed and Reserved] 

114. Remove and reserve newly 

redesignated § 11.221. 

§ 11.223 [Removed and Reserved] 

115. Remove and reserve newly 

redesignated § 11.223. 

§ 11.302 [Amended] 

116. In newly redesignated 

§ 11.302(e), remove the words ‘‘parts 10, 

12, 13 or 15,’’ and add, in their place, 

the words ‘‘parts 10, 11, 12, 13, or 15’’. 

117. Revise newly designated § 11.304 

paragraphs (a), (c), (d), (e), (f), (g)(6), 

(g)(7), (h) introductory text, (h)(5) and 

(h)(8) to read as follows: 

§ 11.304 Substitution of training for 

required service, use of training-record 

books, and use of towing officer 

assessment records. 

(a) Satisfactory completion of certain 

training courses approved by the 

Commandant may be substituted for a 

portion of the required service for many 

deck and engineer officer endorsements 

and for qualified rating endorsements. 

The list of all currently approved 

courses of instruction including the 

equivalent service and applicable 

endorsements is maintained by the 

National Maritime Center. Satisfactory 

completion of an approved training 

course may be substituted for not more 

than two-thirds of the required service 

on deck or in the engine department for 

deck or engineer officer endorsements, 

respectively, and qualified rating 

endorsements. 

* * * * * 

(c) Training obtained before receiving 

an officer endorsement may not be used 

for subsequent raises of grade. 

(d) Simulator training in combination 

with a Coast Guard-approved training 

course may be submitted to the 

Commanding Officer, National Maritime 

Center for evaluation and determination 

of equivalency to required sea service. 

Simulator training cannot be substituted 

for recency requirements, but may 

substitute for a maximum of 25 percent 

of the required service for any officer 

endorsement transaction. 

(e) Except as provided in § 11.202, 

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 and 

the requirements of subpart C of this 

part. The training of a candidate must be 

documented in a Coast Guard-accepted 

training-record book. 

(f) Except as provided in § 11.202, 

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 in 

§ 11.102) and the requirements of 

subpart C of this part. The training must 

be documented in a Coast Guardaccepted training-record book. 

(g) * * * 

* * * * * 

(6) The identity of each qualified 

instructor, including any MMC 

endorsements, license, or document 

held, and the instructor’s signature. 

(7) The identity of each designated 

examiner, when any assessment of 

competence is recorded, including any 

MMC endorsement, license, or 

document held, and the examiner’s 

signature confirming that his or her 

initials certify that he or she has 

witnessed the practical demonstration 

of a particular task or skill by the 

candidate. 

(h) Each applicant for an endorsement 

as master or mate (pilot) of towing 

vessels, and each master or mate of selfpropelled vessels of greater than 200 

GRT seeking an endorsement for towing 

vessels, shall complete a towing officers’

assessment record that contains at least 

the following: 

(1) * * * 

* * * * * 

(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, 

serial number of the TWIC, 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. 

* * * * * 

§ 11.309 [Amended] 

118. In newly redesignated § 11.309—

a. In paragraph (a) introductory text, 

remove the words ‘‘§ 10.302’’ and add, 

in their place, the words ‘‘§ 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’’; 

b. In paragraph (a)(3)(iii), after the 

words ‘‘level of license,’’ add the word 

‘‘officer’’; 

c. In paragraph (a)(4), after the words 

‘‘maritime license’’, add the words ‘‘, 

MMC,’’; 

d. In paragraph (b), remove the word 

‘‘licenses’’ and add, in its place, the 

word ‘‘officer’’; 

e. In paragraph (c)(2), remove the 

words ‘‘(G–MOC)’’ and add, in their 

place, the words ‘‘(CG–3PCV)’’; and 

f. In paragraph (c)(3), remove the 

words ‘‘STCW endorsement’’ and add, 

in their place, the words ‘‘officer or 

STCW endorsements’’. 

Subpart D—[Amended] 

119. In the heading for subpart D, 

remove the words ‘‘Officers’’ Licenses’’

and add in their place the word 

‘‘Officers’’. 

120. Revise newly redesignated 

§ 11.401 to read as follows: 

§ 11.401 Ocean and near-coastal officer or 

STCW endorsements. 

(a) Any license or MMC endorsement 

for service as master or mate on ocean 

waters qualifies the mariner to serve in 

the same grade on any waters, subject to 

the limitations of the endorsement. 

(b) A license or MMC endorsement 

issued for service as master or mate on 

near-coastal waters qualifies the mariner 

to serve in the same grade on nearcoastal, Great Lakes, and inland waters, 

subject to the limitations of the 

endorsement. 

(c) Near-coastal endorsements for any 

gross tons require the same number of 

years of service as the ocean-unlimited 

endorsements. The primary differences 

in these endorsements are the nature of 

the service and the professional 

examination as explained in subpart I of 

this part. 

(d) A mariner having a master or mate 

near-coastal license or MMC 

endorsement obtained with ocean 

service may have an MMC endorsed for 

ocean service by completing the 

appropriate examination deficiencies, 

provided that the additional service 


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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) while holding a license or MMC 

endorsement as unlimited master or 

mate, respectively, upon Great Lakes 

and inland waters. To have a nearcoastal-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 of over, in addition 

to completing the examination topics. 

(f) Masters and mates endorsements 

for service on vessels of over 200 gross 

tons may be endorsed for sail or 

auxiliary sail as appropriate. The 

applicant must present the equivalent 

total qualifying service required for 

conventional officer endorsements 

including at least one year of deck 

experience on that specific type of 

vessel. For example, for an officer 

endorsement as a master of vessels of 

not more than 1,600 gross tons endorsed 

for auxiliary sail, the applicant must 

meet the total experience requirements 

for the conventional officer 

endorsement, including time as mate 

and the proper tonnage experience, 

including at least one year of deck 

service on appropriately sized auxiliarysail vessels. For an endorsement to serve 

on vessels of 200 gross tons or less see 

individual endorsement requirements. 

(g) In order to obtain a master or mate 

endorsement with a tonnage limit above 

200 gross tons, or an endorsement for 

200 gross tons or less with an ocean 

route, whether an original, raise in 

grade, or increase in the scope of the 

endorsement authority to a higher 

tonnage category, the applicant must 

successfully complete the following 

training and examination requirements: 

(1) Approved firefighting course; 

(2) Approved radar-observer course; 

and, 

(3) Qualification as an able seaman 

unlimited or able seaman limited (able 

seaman special or able seaman offshore 

supply vessels satisfy the able seaman 

requirement for endorsements 

permitting service on vessels of 1,600 

gross tons and 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. 

§ 11.402 [Amended] 

121. In newly redesignated § 11.402—

a. In the section heading, remove the 

word ‘‘licenses’’ and add, in its place, 

the word ‘‘endorsements’’; 

b. In paragraph (a), remove the word 

‘‘license’’ and add, in its place, the word 

‘‘endorsement’’; 

c. In paragraph (b), remove the words 

‘‘original or raise of grade of a license’’

and add, in their place, the word 

‘‘endorsement’’ and remove the words 

‘‘§ 10.407(c)’’ and add, in their place, 

the words ‘‘§ 11.407(c)’’; after the words 

‘‘is placed on the’’ remove the word 

‘‘license’’ and add, in its place the word 

‘‘endorsement’’; before the words ‘‘is 

limited to’’, remove the word ‘‘license’’

and add, in its place, the word 

‘‘endorsement’’; and after the words ‘‘an 

unlimited tonnage’’, remove the word 

‘‘license’’ and add, in its place, the word 

‘‘endorsement’’; 

d. In paragraph (c)(1), remove the 

word ‘‘licensed’’ and add in its place, 

the word ‘‘endorsed’’; 

e. In paragraph (c)(2), remove the 

words ‘‘licensed capacity’’ and add, in 

their place, the words ‘‘capacity as an 

officer’’; after the words ‘‘for which’’, 

remove the word ‘‘licensed’’ and add, in 

its place, the word ‘‘endorsed’’; after the 

words ‘‘next higher grade’’, remove the 

word ‘‘license’’ and add, in its place, the 

word ‘‘endorsement’’; and after the 

words ‘‘limited license’’, add the words 

‘‘or MMC endorsement’’; 

f. In paragraph (c)(3), after the words 

‘‘a license’’, add the words ‘‘or 

endorsement’’; and after the words 

‘‘third mate’s license’’, add the words 

‘‘or MMC endorsement’’; and 

g. In paragraph (d), after the word 

‘‘licenses’’, wherever it appears, add the 

words ‘‘or endorsements’’. 

122. Revise § 11.403 to read as 

follows: 

§ 11.403 Structure of deck officer 

endorsements. 

The following diagram illustrates the 

deck officer endorsement structure, 

including cross over points. The section 

numbers on the diagram refer to the 

specific requirements applicable. 


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§ 11.404 [Amended] 

123. In newly redesignated § 11.404—

a. In the introductory text, remove the 

word ‘‘license’’ and add, in its place, the 

words ‘‘an endorsement’’; and 

b. In paragraph (b) introductory text, 

after the words ‘‘holding a license’’, add 

the words ‘‘or MMC endorsement’’. 

§ 11.405 [Amended] 

124. In newly redesignated § 11.405, 

after the words ‘‘qualify an applicant 

for’’ remove the word ‘‘license’’ and 

add, in its place, the words ‘‘an 

endorsement’’; and after the words 

‘‘holding a license’’, add the words ‘‘or 

MMC endorsement’’. 

§ 11.406 [Amended] 

125. In newly redesignated § 11.406—

a. In the introductory text, remove the 

word ‘‘license’’ and add, in its place, the 

words ‘‘an endorsement’’; 

b. In paragraph (a), after the words 

‘‘holding a license’’, add the words ‘‘or 

endorsement’’; 

c. In paragraph (b) introductory text, 

after the words ‘‘holding a license’’, add 

the words ‘‘or MMC endorsement’’; 

d. In paragraph (b)(2), after the words 

‘‘holding a certificate’’, add the words 

‘‘or MMC endorsement’’; and 

e. In paragraph (c), remove the words 

‘‘A licensed’’ and add, in their place, the 

words ‘‘An individual holding an 

endorsement or license as’’; and after 

the words ‘‘may obtain’’, remove the 

words ‘‘a license’’ and add, in their 

place, the words ‘‘an endorsement’’. 

§ 11.407 [Amended] 

126. In newly redesignated § 11.407—

a. In paragraph (a) introductory text, 

remove the word ‘‘license’’ and add, in 

its place, the words ‘‘an endorsement’’; 

b. In paragraph (a)(1), after the words 

‘‘a certificate’’, add the words ‘‘or 

endorsement’’; and remove the word 

‘‘license’’ and add, in its place, the 

words ‘‘officer endorsement’’; 

c. In paragraph (b), remove the words 

‘‘a license’’ and add, in their place, the 

words ‘‘an endorsement’’; and 

d. In paragraph (c), after the words 

‘‘holding a license’’, add the words ‘‘or 

MMC endorsement’’; and after the 

words ‘‘qualify the applicant for’’, 

remove the words ‘‘a license’’ and add, 

in their place, the words ‘‘an 

endorsement’’. 

§ 11.410 [Amended] 

127. In newly redesignated § 11.410—

a. In the section heading, remove the 

word ‘‘licenses’’ and add, in its place, 

the words ‘‘officer endorsements’’; 

b. In paragraph (a) introductory text, 

remove the word ‘‘Licenses’’ and add, in 

its place, the word ‘‘Endorsements’’; 

c. In paragraph (b), remove the word 

‘‘license’’ and add, in its place, the word 

‘‘endorsement’’; and 

d. In paragraph (c), remove the words 

‘‘A license’’ and add, in their place, the 

words ‘‘An officer’s endorsement’’. 

§ 11.412 [Amended] 

128. In newly redesignated § 11.412—

a. In the introductory text, remove the 

words ‘‘a license’’ and add, in their 

place, the words ‘‘an endorsement’’; 

b. In paragraph (a), after the words 

‘‘holding a license’’, add the words ‘‘or 

MMC endorsement’’; and remove the 

words ‘‘ master, mate master or mate 

(pilot)’’ wherever they appear and add, 

in their place, the words ‘‘master, mate, 

master or mate (pilot)’’; and 

c. In paragraph (b), after the words 

‘‘holding a license’’, add the words ‘‘or 

MMC endorsement’’; and after the 

words ‘‘eligible for this’’, remove the 

word ‘‘license’’ and add, in its place, the 

word ‘‘endorsement’’. 

§ 11.414 [Amended] 

129. In newly redesignated § 11.414—

a. In the introductory text, remove the 

words ‘‘a license’’ and add, in their 

place, the words ‘‘an endorsement’’; and 

b. In paragraph (a), after the words 

‘‘holding a license’’ add the words ‘‘or 

MMC endorsement’’; and remove the 

words ‘‘ master, mate master or mate 

(pilot)’’ wherever they appear and add, 

in their place, the words ‘‘master, mate, 

master or mate (pilot)’’. 


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§ 11.416 [Amended] 

130. In newly redesignated § 11.416 

text, remove the words ‘‘a license’’ and 

add, in their place, the words ‘‘an 

endorsement’’; and after the words 

‘‘holding a certificate’’, add the words 

‘‘or endorsement’’. 

§ 11.418 [Amended] 

131. In newly redesignated § 11.418—

a. In the introductory text, remove the 

words ‘‘a license’’ and add, in their 

place, the words ‘‘an endorsement’’; 

b. In paragraph (a), after the words 

‘‘holding a license’’, add the words ‘‘or 

MMC endorsement’’; 

c. In paragraph (b), after the words 

‘‘The holder of a license’’, add the 

words ‘‘or MMC endorsement’’; and 

after the words ‘‘is eligible for’’, remove 

the words ‘‘a license’’ and add, in their 

place, the words ‘‘an endorsement’’. 

§ 11.420 [Amended] 

132. In newly redesignated § 11.420 

text, after the words ‘‘qualify an 

applicant for’’ remove the words ‘‘a 

license’’ and add, in their place, the 

words ‘‘an endorsement’’; and after the 

words ‘‘position while holding a 

license’’, add the words ‘‘or 

endorsement’’. 

§ 11.421 [Amended] 

133. In newly redesignated § 11.421 

text, remove the words ‘‘a license’’ and 

add, in their place, the words ‘‘an 

endorsement’’; and, after the words 

‘‘holding a certificate’’, add the words 

‘‘or endorsement’’. 

§ 11.422 [Amended] 

134. In newly redesignated § 11.422—

a. In the section heading, remove the 

word ‘‘licenses’’ and add, in its place, 

the word ‘‘endorsements’’; 

b. In paragraph (a), remove the word 

‘‘licenses’’ and add, in its place, the 

word ‘‘endorsements’’; and remove the 

word ‘‘license’’ and add, in its place, the 

word ‘‘endorsement’’; 

c. In paragraph (b) introductory text, 

remove the word ‘‘licenses’’ and add, in 

its place, the word ‘‘endorsements’’; 

d. In paragraphs (b)(1) and (b)(2), 

remove the word ‘‘license’’ wherever it 

appears and add, in its place, the word 

‘‘endorsement’’; 

e. In paragraph (b)(3), remove the 

word ‘‘license’’ and add, in its place, the 

words ‘‘officer endorsement’’; 

f. In paragraph (b)(4), after the words 

‘‘increment on the’’, remove the word 

‘‘license’’ and add, in its place, the 

words ‘‘officer’s license or MMC 

endorsement’’; 

g. In paragraph (c), after the words 

‘‘vessels upon which’’, remove the 

words ‘‘licensed personnel are not 

required’’ and add, in their place, the 

words ‘‘no personnel need an officer 

endorsement or license’’; and after the 

words ‘‘required to engage’’, remove the 

words ‘‘licensed individuals’’ and add, 

in their place, the words ‘‘individuals 

with officer endorsements’’; and 

h. In paragraph (e), remove the word 

‘‘license’’ and add, in its place, the 

words ‘‘officer endorsement’’. 

§ 11.424 [Amended] 

135. In newly redesignated § 11.424—

a. In paragraph (a) introductory text, 

remove the words ‘‘a license’’ and add, 

in their place, the words ‘‘an officer 

endorsement’’; 

b. In paragraph (a)(1), after the words 

‘‘holding a license’’, add the words ‘‘or 

MMC endorsement’’; 

c. In paragraph (a)(2), remove the 

word ‘‘licensed’’; 

d. In paragraph (b), remove the words 

‘‘endorsement on this license’’ and add, 

in their place, the words ‘‘officer 

endorsement’’; and after the words 

‘‘master’s license’’, add the words ‘‘or 

MMC endorsement’’; and 

e. In paragraph (c), remove the words 

‘‘§ 10.401(g) of this subpart’’ and add, in 

their place, the words ‘‘§ 11.401(g)’’. 

§ 11.426 [Amended] 

136. In newly redesignated § 11.426—

a. In paragraph (a) introductory text, 

remove the words ‘‘a license’’ and add, 

in its place, the words ‘‘an 

endorsement’’; 

b. In paragraph (a)(1), after the words 

‘‘holding a license’’ add the words ‘‘or 

endorsement’’; 

c. In paragraph (a)(2), remove the 

word ‘‘licensed’’; and 

d. In paragraph (b), remove the words 

‘‘an endorsement on this license’’ and 

add, in its place, the words ‘‘this officer 

endorsement’’; and after the words ‘‘of 

the master’s license’’, add the words ‘‘or 

MMC endorsement’’. 

§ 11.427 [Amended] 

137. In newly redesignated § 11.427—

a. In paragraph (a) introductory text, 

remove the word ‘‘license’’ and add, in 

its place, the word ‘‘endorsement’’; 

b. In paragraph (a)(2), after the words 

‘‘holding a license’’, add the words ‘‘or 

MMC endorsement’’; 

c. In paragraph (b), after the words 

‘‘holder of a license’’, add the words ‘‘or 

MMC endorsement’’; and after the 

words ‘‘may obtain this’’, remove the 

word ‘‘license’’ and add, in its place, the 

word ‘‘endorsement’’; 

d. In paragraph (c), remove the words 

‘‘an endorsement on this license’’ and 

add, in its place, the words ‘‘this officer 

endorsement’’; 

e. In paragraph (d), after the words ‘‘A 

license’’, add the words ‘‘or MMC 

endorsement’’; and 

f. In paragraph (e), after the words ‘‘a 

tonnage endorsement’’, remove the 

word ‘‘of’’ and add, in its place, the 

word ‘‘for’’. 

§ 11.428 [Amended] 

138. In newly redesignated § 11.428—

a. In paragraph (a), remove the words 

‘‘a license’’ and add, in their place, the 

words ‘‘an endorsement’’; and 

b. In paragraph (b), remove the words 

‘‘endorsement on this license’’ and add, 

in their place, the word ‘‘endorsement’’; 

and after the words ‘‘issuance of the 

license’’, add the words ‘‘or MMC 

endorsement’’. 

§ 11.429 [Amended] 

139. In newly redesignated § 11.429—

a. In paragraph (a) introductory text 

after the words ‘‘Limited masters’ ’’, 

remove the word ‘‘licenses’’ and add, in 

its place, the word ‘‘endorsements’’; 

after the words ‘‘educational 

institutions.’’, remove the words ‘‘A 

license’’ and add, in their place, the 

words ‘‘An endorsement’’; and, after the 

words ‘‘obtain this restricted’’, remove 

the word ‘‘license’’ and add, in its place, 

the word ‘‘endorsement’’; 

b. In paragraph (a)(1), after the words 

‘‘for which the’’ remove the word 

‘‘license’’ and add, in its place, the word 

‘‘endorsement’’; 

c. In paragraph (b), remove the words 

‘‘§ 10.205(h) of this part’’ and add in 

their place, the words ‘‘§ 11.205(e)’’; and 

d. In paragraph (c), after the words 

‘‘obtain an endorsement’’, remove the 

words ‘‘on this license’’ and after the 

words ‘‘issuance of the license’’ add the 

words ‘‘or MMC endorsement’’. 

§ 11.430 [Amended] 

140. In newly redesignated § 11.430—

a. In the section heading, remove the 

word ‘‘Licenses’’ and add, in its place, 

the word ‘‘Endorsements’’; and 

b. In the text, after the words ‘‘Any 

license’’, wherever they appear, add the 

words ‘‘or MMC endorsement’’; after the 

word ‘‘licenses’’, wherever it appears, 

add the words ‘‘and MMC 

endorsements’’; and, after the words 

‘‘COLREGS or the’’, remove the words 

‘‘license must be endorsed with an 

exclusion from’’ and add, in their place, 

the words ‘‘endorsement must exclude’’. 

§ 11.431 [Amended] 

141. In newly redesignated § 11.431—

a. In the section heading, remove the 

word ‘‘licenses’’, and add, in its place, 

the word ‘‘endorsements’’; 


ycherry on PROD1PC64 with PROPOSALS2
3672 Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Proposed Rules 

b. In paragraph (a), remove the word 

‘‘licenses’’, and add, in its place, the 

word ‘‘endorsements’’; and 

c. In paragraph (b), remove the word 

‘‘licenses’’, and add, in its place, the 

word ‘‘endorsements’’; and remove the 

words ‘‘§ 10.402’’ and add, in their 

place, the place, the words ‘‘§ 11.402’’. 

§ 11.433 [Amended] 

142. In newly redesignated § 11.433—

a. In the introductory text, remove the 

word ‘‘license’’ and add, in its place, the 

words ‘‘an endorsement’’; and 

b. In paragraph (c), after the words 

‘‘holding a license’’, add the word ‘‘or 

MMC endorsement’’. 

§ 11.435 [Amended] 

143. In newly redesignated § 11.435—

a. In the introductory text, remove the 

word ‘‘license’’, and add, in its place, 

the word ‘‘an endorsement’’; and 

b. In paragraph (b), after the words 

‘‘mate/ first class pilot license’’, add the 

words ‘‘or MMC endorsement’’. 

§ 11.437 [Amended] 

144. In newly redesignated § 11.437—

a. In paragraph (a) introductory text, 

remove the word ‘‘license’’, and add, in 

its place, the words ‘‘an endorsement’’; 

and 

b. In paragraph (a)(3), after the words 

‘‘holding a license’’, add the words ‘‘or 

MMC endorsement’’. 

§ 11.442 [Amended] 

145. In newly redesignated § 11.442—

a. In the introductory text, remove the 

words ‘‘a license’’, and add, in their 

place, the words ‘‘an endorsement’’; and 

b. In paragraphs (a) and (b), after the 

words ‘‘holding a license’’, wherever 

they appear, add the words ‘‘or MMC 

endorsement’’. 

§ 11.444 [Amended] 

146. In newly redesignated § 11.444—

a. In the introductory text, remove the 

word ‘‘license’’ and add, in its place, the 

words ‘‘an endorsement’’; 

b. In paragraph (a), after the words 

‘‘holding a certificate’’, add the words 

‘‘or endorsement’’; and 

c. In paragraph (b), after the words 

‘‘holding a license’’, add the words ‘‘or 

MMC endorsement’’. 

§ 11.446 [Amended] 

147. In newly redesignated § 11.446—

a. In the introductory text, remove the 

words ‘‘a license’’ and add, in their 

place, the words ‘‘an endorsement’’; 

b. In paragraph (a), after the words 

‘‘holding a license’’, add the words ‘‘or 

MMC endorsement’’; and 

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’’. 

§ 11.448 [Amended] 

148. In newly redesignated § 11.448 

text, after the words ‘‘an applicant for’’, 

remove the words ‘‘a license’’ and add, 

in their place, the words ‘‘an 

endorsement’’; and after the words 

‘‘holding a certificate’’, add the words 

‘‘or endorsement’’. 

§ 11.450 [Amended] 

149. In newly redesignated § 11.450—

a. In the section heading, remove the 

word ‘‘licenses’’ and add, in its place, 

the word ‘‘endorsements’’; 

b. In paragraph (a), remove the word 

‘‘licenses’’ and add, in its place, the 

word ‘‘endorsements’’; and remove the 

text ‘‘§ 10.422’’ each time it appears and 

add, in its place, the text ‘‘§ 11.422’’; 

c. In paragraph (c), after the words 

‘‘vessels upon which’’, remove the 

words ‘‘licensed personnel’’ and add, in 

their place, the words ‘‘personnel with 

licenses or endorsements’’; and, after 

the words ‘‘required to engage’’, remove 

the words ‘‘licensed individuals’’ and 

add, in their place, the words 

‘‘individuals with endorsements’’; and 

d. In paragraph (d), remove the word 

‘‘license’’ and add, in its place, the word 

‘‘endorsement’’. 

§ 11.452 [Amended] 

150. In newly redesignated § 11.452—

a. In paragraph (a), after the words 

‘‘qualify an applicant for’’, remove the 

words ‘‘a license’’ and add, in their 

place, the words ‘‘an endorsement’’; 

after the words ‘‘holding a license’’, add 

the words ‘‘or MMC endorsement’’; and 

after the words ‘‘otherwise the’’, remove 

the word ‘‘license’’ and add, in its place, 

the word ‘‘endorsement’’; and 

b. In paragraph (b), after the words ‘‘In 

order to obtain an endorsement’’, 

remove the words ‘‘on this license’’; and 

after the words ‘‘master’s license’’ add 

the words ‘‘or MMC endorsement’’. 

§ 11.454 [Amended] 

151. In newly redesignated § 11.454—

a. In paragraph (a), after the words 

‘‘qualify an applicant for’’, remove the 

words ‘‘a license’’ and add, in their 

place, the words ‘‘an endorsement’’; and 

after the words ‘‘otherwise the’’, remove 

the word ‘‘license’’ and add, in its place, 

the word ‘‘endorsement’’; 

b. In paragraph (b), after the words ‘‘In 

order to obtain an endorsement’’, 

remove the words ‘‘on this license’’; 

c. In paragraph (c), before the words 

‘‘as master of steam’’, remove the words 

‘‘A license’’ and add, in their place, the 

words ‘‘An endorsement’’; and 

d. In paragraph (d), after the words 

‘‘The holder of a license’’, add the 

words ‘‘or MMC endorsement’’; after the 

words ‘‘may obtain this’’, remove the 

word ‘‘license’’ and add, in its place, the 

word ‘‘endorsement’’; and after the 

words ‘‘otherwise the’’, remove the 

word ‘‘license’’ and add, in its place, the 

word ‘‘endorsement’’. 

§ 11.455 [Amended] 

152. In newly redesignated § 11.455—

a. In paragraph (a), after the words 

‘‘qualify an applicant for’’, remove the 

words ‘‘a license’’ and add, in their 

place, the words ‘‘an endorsement’’; and 

after the words ‘‘otherwise the’’, remove 

the word ‘‘license’’ and add, in its place, 

the word ‘‘endorsement’’; and 

b. In paragraph (b), after the words ‘‘In 

order to obtain an endorsement’’, 

remove the words ‘‘on this license’’; and 

after the words ‘‘issuance of the’’, 

remove the word ‘‘license’’ and add, in 

its place, the word ‘‘endorsement’’. 

§ 11.456 [Amended] 

153. In newly redesignated § 11.456—

a. In the introductory text, after the 

words ‘‘Limited masters’ ’’, remove the 

word ‘‘licenses’’ and add, in its place, 

the word ‘‘endorsements’’; before the 

words ‘‘issued under this’’, remove the 

words ‘‘A license’’ and add, in their 

place, the words ‘‘An endorsement’’; 

and after the words ‘‘In order to obtain 

this restricted’’, remove the word 

‘‘license’’ and add, in its place, the word 

‘‘endorsement’’; 

b. In paragraph (a), remove the word 

‘‘license’’ and add, in its place, the word 

‘‘endorsement’’; and 

c. In paragraph (d), after the words 

‘‘required by’’, remove the text 

‘‘§ 10.205(h)’’ and add, in its place, the 

text ‘‘§ 11.205(e)’’. 

§ 11.457 [Amended] 

154. In newly redesignated § 11.457—

a. In paragraph (a), after the words 

‘‘An applicant for’’, remove the words 

‘‘a license’’ and add, in their place, the 

words ‘‘an endorsement’’; and after the 

words ‘‘requirements of’’, remove the 

text ‘‘§ 10.452’’ and add, in its place, the 

text ‘‘§ 11.452’’; and 

b. In paragraph (b), after the words ‘‘In 

order to obtain an endorsement’’, 

remove the words ‘‘on this license’’; 

and, after the words ‘‘issuance of the 

license’’, add the words ‘‘or MMC 

endorsement’’. 

§ 11.459 [Amended] 

155. In newly redesignated § 11.459—

a. In paragraph (a), after the words 

‘‘An applicant for’’, remove the words 


ycherry on PROD1PC64 with PROPOSALS2
Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Proposed Rules 3673 

‘‘a license’’ and add, in their place, the 

words ‘‘an endorsement’’; and 

b. In paragraph (b), after the words 

‘‘An applicant for’’, remove the words 

‘‘a license’’ and add, in their place, the 

words ‘‘an endorsement’’; and after the 

words ‘‘and inland steam or motor’’, 

remove the word ‘‘license’’ and add, in 

its place, the word ‘‘endorsement’’. 

156. In newly designated § 11.462, 

revise the heading and paragraphs (a) 

introductory text, (b), (c) introductory 

text, (c)(1) through (3), (c)(4) 

introductory text, (c)(4)(v), (c)(4)(vi), 

(d)(1) through (3), (d)(4) introductory 

text, and (d)(4)(iv) through (vi) to read 

as follows: 

§ 11.462 Endorsements for master or mate 

of uninspected fishing industry vessels. 

(a) This section applies to 

endorsements for masters and mates of 

all vessels, however propelled 

navigating the high seas, which are 

documented to engage in the fishing 

industry, with the exception of: 

* * * * * 

(b) Endorsements as master or mate of 

uninspected fishing industry vessels are 

issued for either ocean or near-coastal 

routes, depending on the examination 

completed. To qualify for an 

uninspected fishing industry vessel 

endorsement, the applicant must satisfy 

the training and examination 

requirements of § 11.401(g) of this 

subpart. 

(c) An applicant for an endorsement 

as master of uninspected fishing 

industry vessels must have four years of 

total service on ocean or near coastal 

routes. Service on Great Lakes or inland 

waters may substitute for up to two 

years of the required service. One year 

of the required service must have been 

as master, mate, or equivalent 

supervisory position while holding a 

license or MMC endorsement as master, 

mate, master or mate (pilot) of towing 

vessels, or OUPV. 

(1) To qualify for an endorsement for 

not more than 500 gross tons, at least 

two years of the required service, 

including the one year as master, mate 

or equivalent, must have been on 

vessels of over 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 over 100 gross tons. 

(3) To qualify for an endorsement for 

over 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 over 1,600 gross tons also 

requires one year as master, mate, or 

equivalent on vessels over 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% 

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 over 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 over 100 gross 

tons. 

(3) To qualify for an endorsement of 

over 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 over 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% 

of the tonnage of that vessel up to 5,000 

gross tons; or 

(vi) One year of service as deckhand 

on a vessel while holding a license or 

MMC endorsement as mate results in a 

limitation on the MMC equal to the 

tonnage of that vessel. 

* * * * * 

§ 11.463 [Amended] 

157. In newly redesignated § 11.463—

a. In the section heading, remove the 

words ‘‘licenses for’’ and add, in their 

place, the words ‘‘endorsements as’’; 

b. In paragraph (a) introductory text, 

remove the word ‘‘licenses’’ and add, in 

its place, the word ‘‘endorsements’’; and 

c. In paragraphs (b) and (c), remove 

the words ‘‘a license’’ wherever they 

appear and add, in their place, the 

words ‘‘an endorsement’’. 

158. In newly redesignated § 11.464, 

revise the section heading, paragraphs 

(a) through (e), including tables 

11.464(a) and 11.464(b), and paragraphs 

(f) introductory text, (f)(2)(i), and (f)(3) 

to read as follows: 

§ 11.464 Requirements for endorsements 

as master of towing vessels. 

(a) If you would like to obtain an 

endorsement as master of towing vessels 

with a route listed in column 1 of table 

11.464(a) of this section, then you must 

complete the service requirements 

indicated in columns 2 through 5. You 

may serve on the subordinate routes 

listed in column 6 without further 

endorsement. 


ycherry on PROD1PC64 with PROPOSALS2
3674 Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Proposed Rules 

TABLE 11.464(A).—REQUIREMENTS FOR ENDORSEMENT AS MASTER OF TOWING VESSELS 1

1 2 3 4 5 6 

Route endorsed Total service 2

TOS3 on T/V 

as mate 

(pilot) 

TOS3 T/V as 

mate (pilot) 

not as harbor 

assist 

TOS3 particular route 

Subordinate 

route 

authorized 

(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 .......... PGL–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. 2Service is in months. 

3TOS 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) 

1 2 3 4 5 

Route endorsed Total 

service 1

TOS2 on T/V 

as limited 

apprentice 

mate 

(steersman) 

TOAR or an 

approved 

course 

TOS2 on 

particular 

route 

Limited local area (LLA) ....................................................................................... 36 18 of 48 ........ 12 of 18 ........ 3 of 18. 

1Service is in months. 

2TOS 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 inspected, 

self-propelled vessels of greater than 

200 gross register tons, you may operate 

towing vessels within any restrictions 

on your endorsement if you: 

(1) * * * 

(2) * * * 

(i) Hold a completed Towing Officer’s 

Assessment Record (TOAR) described in 

§ 11.304(h) that shows evidence of 

assessment of practical demonstration of 

skills; or 

* * * * * 

(3) Your license or MMC does not 

need to include a towing endorsement 

if you hold a TOAR or a course 

completion certificate. 

* * * * * 

159. In newly redesignated § 11.465, 

revise the heading and paragraphs (a) 

through (c), including table 11.465(a), 

(d) introductory text, (d)(2), (d)(3), and 

(e) to read as follows: 

§ 11.465 Requirements for endorsements 

as mate (pilot) of towing vessels. 

(a) If you would like to obtain an 

endorsement as mate (pilot) of towing 

vessels endorsed with a route listed in 

column 1 of table 11.465(a) of this 

section, then you must complete the 

service in columns 2 through 5. If you 

hold a license or MMC endorsement as 

master of towing vessels (limited) and 

would like to upgrade it to mate (pilot) 

of towing vessels, then you must 

complete the service in columns 5 and 

6. If you hold a license or MMC 

endorsement as mate (pilot) of towing 

vessels (limited) and would like to 

upgrade it to mate (pilot) of towing 

vessels, then you must complete the 

service in columns 2 through 5 and pass 

a limited examination. An endorsement 

with a route endorsed in column 1 

authorizes service on the subordinate 

routes listed in column 7 without 

further endorsement. 


ycherry on PROD1PC64 with PROPOSALS2
Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Proposed Rules 3675 

TABLE 11.465(A).—REQUIREMENTS FOR ENDORSEMENT AS MATE (PILOT 1) OF TOWING VESSELS

1 2 3 4 5 6 7 

Route endorsed Total service 2

TOS3 on T/V 

as apprentice 

mate 

(steersman) 

TOS3 on particular route 

TOAR 4 or an 

approved 

course 

30 Days of 

observation 

and training 

while holding 

mater (limited) and 

pass a limited 

examination 

Subordinate 

route 

authorized 

(1) OCEANS (O) .............................................. 30 12 of 30 ........ 3 of 12 .......... YES .............. YES .............. NC, GL–I. 

(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).

1For 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. 2Service is in months unless otherwise indicated. 

3TOS is time of service. 

4TOAR is Towing Officers’ Assessment Record. 

(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: 

(1) * * * 

(2) Hold a completed Towing Officer’s 

Assessment Record (TOAR) described in 

§ 11.304(h) that shows evidence of 

assessment of practical demonstration of 

skills. 

(3) Your license or MMC does not 

need to include a towing endorsement 

if you hold a TOAR or a course 

completion certificate. 

(e) An approved training course for 

mate (pilot) of towing vessels must 

include formal instruction and practical 

demonstration of proficiency either 

onboard a towing vessel or at a 

shoreside training facility before a 

designated examiner, and must cover 

the material (dependent upon route) 

required by § 11.910–2 for apprentice 

mate (steersman), towing vessels on 

ocean and near coastal routes; 

apprentice mate (steersman), towing 

vessels on Great Lakes and inland 

routes; or, steersman, towing vessels on 

Western Rivers routes. 

* * * * * 

160. In newly redesignated § 11.466—

a. In the section heading, remove the 

word ‘‘licenses’’ and add, in its place, 

the word ‘‘endorsements’’; 

b. In paragraph (a), after the words 

‘‘As Table’’ remove the word ‘‘10.466–

1’’ and add, in its place, the word 

‘‘11.466(a)’’; and after the words ‘‘like to 

obtain’’, remove the words ‘‘a license’’

and add, in their place, the words ‘‘an 

endorsement’’; 

c. Redesignate table 10.466–1 as table 

11.466(a) and revise it to read as 

follows; and 

d. In paragraph (b), after the words 

‘‘hold a license’’ add the words ‘‘or 

endorsement’’; after the words 

‘‘endorsement will go on your’’, remove 

the word ‘‘license’’ and add, in its place, 

the word ‘‘MMC’’; and after the words 

‘‘may have the’’, remove the words 

‘‘restricted endorsement’’ and add, in 

their place, the word ‘‘restriction’’: 

§ 11.466 Requirements for endorsements 

as apprentice mate (steersman) of towing 

vessels. 

* * * * * 

TABLE 11.466(A)—REQUIREMENTS FOR ENDORSEMENT AS APPRENTICE MATE (STEERSMAN) OF TOWING VESSELS

1 2 3 4 5 6 

Endorsement Route endorsed Total service 1 TOS2 on T/V TOS2 on particular route 

Pass 

Examination 3

(1) APPRENTICE MATE (STEERSMAN) ........... OCEANS (O) ...................... 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. 

(2) APPRENTICE MATE (STEERSMAN) (LIMITED).NOT APPLICABLE ............. 18 12 of 18 ........ 3 of 18 .......... YES. 

1Service is in months. 

2TOS is time of service. 

3The examination for apprentice mate is specified in subpart I of this part. The examination for apprentice mate (limited) is a limited examination. 4For 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. 


ycherry on PROD1PC64 with PROPOSALS2
3676 Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Proposed Rules 

* * * * * 

161. Revise newly redesignated 

§ 11.467 to read as follows—

§ 11.467 Endorsement as operators of 

uninspected passenger vessels of less than 

100 gross tons 

(a) This section applies to an 

applicant for the endorsement to operate 

an uninspected vessel of less than 100 

gross tons, equipped with propulsion 

machinery of any type, carrying six or 

less passengers. 

(b) An endorsement for OUPV issued 

for ocean waters will be limited to nearcoastal waters not more than 100 miles 

offshore. An endorsement issued for 

inland waters will include all inland 

waters, except Great Lakes. An 

endorsement may be issued for a 

particular local area under paragraph (g) 

of this section. 

(c) For an endorsement as OUPV on 

near-coastal waters, an applicant must 

have a minimum of 12-months 

experience in the operation of vessels, 

including at least three-months service 

on vessels operating on ocean or nearcoastal waters. 

(d) For an endorsement as OUPV on 

the Great Lakes and inland waters, an 

applicant must have 12-months service 

on Great Lakes or inland waters, 

including at least three-months service 

operating vessels on Great Lakes waters. 

(e) For an endorsement as OUPV on 

inland waters, an applicant must have a 

minimum of 12-months experience in 

the operation of vessels. 

(f) An endorsement as OUPV, limited 

to undocumented vessels, may be issued 

to a person who is not a citizen of the 

United States. 

(g) Limited OUPV endorsements may 

be issued to applicants to be employed 

by organizations such as formal camps, 

yacht clubs, educational institutions, 

and marinas. An endorsement issued 

under this paragraph will be limited to 

the specific activity and the locality of 

the camp, yacht club, or marina. In 

order to obtain this restricted 

endorsement, an applicant must: 

(1) Have three-months service in the 

operation of the type of vessel for which 

the endorsement is requested; 

(2) Satisfactorily complete a safeboating course approved by the National 

Association of State Boating Law 

Administrators, or those public 

education courses conducted by the 

U.S. Power Squadron or the American 

National Red Cross or a Coast Guardapproved course; 

(3) Pass a limited examination 

appropriate for the activity to be 

conducted and the route authorized; 

and 

(4) The first aid and cardiopulmonary 

resuscitation (CPR) course certificates 

required by § 11.205(e) of this part will 

only be required when, in the opinion 

of the OCMI, the geographic area over 

which service is authorized precludes 

obtaining medical services within a 

reasonable time. 

(h) An applicant for an endorsement 

as OUPV who intends to serve only in 

the vicinity of Puerto Rico, and who 

speaks Spanish but not English, may be 

issued an endorsement restricted to the 

navigable waters of the United States in 

the vicinity of Puerto Rico. 

§ 11.468 [Amended] 

162. In newly redesignated § 11.468—

a. In the section heading and text, 

remove the word ‘‘Licenses’’ wherever it 

appears and add, in its place, the words 

‘‘Officer endorsements’’; and 

b. In the text, remove the word 

‘‘license’’ and add, in its place, the word 

‘‘endorsement’’. 

163. In newly redesignated § 11.470, 

revise the heading and paragraphs (a) 

introductory text, (b) introductory text, 

(b)(2)(i), (b)(2)(iv), (c), (d) introductory 

text, (d)(2)(i), (d)(2)(iv), (e), (f) 

introductory text, (f)(2)(i), (f)(2)(iii), (g) 

introductory text, (h) introductory text, 

(h)(2)(iii), (j) introductory text, (j)(2)(i), 

(j)(2)(iii), and (k) introductory text to 

read as follows: 

§ 11.470 Officer endorsements as offshore 

installation manager. 

(a) Officer endorsements as offshore 

installation manager (OIM) include: 

* * * * * 

(b) To qualify for an endorsement as 

OIM unrestricted, an applicant must: 

(1) * * * 

(2) * * * 

(i) A certificate from a Coast Guardapproved stability course approved for a 

license or MMC endorsement as OIM 

unrestricted; 

* * * * * 

(iv) A certificate from a firefighting 

training course as required by 

§ 11.205(d) of this part; and 

* * * * * 

(c) An applicant for an endorsement 

as OIM unrestricted who holds an 

unlimited license or MMC endorsement 

as master or chief mate must satisfy the 

requirements in paragraphs (b)(2) and 

(b)(3) of this section and have at least 84 

days of service on surface units and at 

least 28 days of service on bottom 

bearing units. 

(d) To qualify for an endorsement as 

OIM surface units on location, and 

applicant must: 

(1) * * * 

(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 

§ 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: 

(1) * * * 

(2) * * * 

(i) A certificate from a Coast Guardapproved stability course approved for 

an OIM surface units endorsement; 

* * * * * 

(iii) A certificate from a firefighting 

training course as required by 

§ 11.205(d) of this part. 

(g) An applicant for endorsement as 

OIM surface units underway who holds 

an unlimited license or MMC 

endorsement as master or chief mate 

must satisfy the requirements in 

paragraph (f)(2) of this section and 

provide a company recommendation 

signed by a senior company official 

which: 

* * * * * 

(h) To qualify for an endorsement as 

OIM bottom bearing units on location, 

an applicant must: 

(1) * * * 

(2) * * * 

(iii) A certificate from a firefighting 

training course as required by 

§ 11.205(d) of this part. 

(i) An applicant for an endorsement as 

OIM bottom bearing units on location 

who holds an unlimited license or MMC 

endorsement as master or chief mate 

must satisfy paragraph (h)(2) of this 

section and have at least 28 days of 

service on bottom bearing units. 

(j) To qualify for an endorsement as 

OIM bottom bearing units underway, an 

applicant must: 

(1) * * * 

(2) * * * 

(i) A certificate from a Coast Guardapproved stability course approved for a 

license or MMC endorsement as OIM 

bottom bearing units; 

* * * * * 

(iii) A certificate from a firefighting 

training course as required by 

§ 11.205(d) of this part. 

(k) An applicant for endorsement as 

OIM bottom bearing units underway 

who holds an unlimited license or MMC 

endorsement as master or chief mate 


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must satisfy the requirements in 

paragraph (j)(2) of this section and 

provide a company recommendation 

signed by a senior company official, 

which: 

* * * * * 

§ 11.472 [Amended] 

164. In newly redesignated § 11.472—

a. In the section heading, remove the 

words ‘‘License for’’ and add, in their 

place, the words ‘‘Officer endorsements 

as’’; 

b. In paragraph (a) introductory text, 

remove the words ‘‘a license or’’ and 

add, in their place, the word ‘‘an’’; 

c. In paragraph (a)(2)(i), remove the 

words ‘‘barge supervisor license or 

endorsement’’ and add, in their place, 

the words ‘‘license or MMC 

endorsement as barge supervisor’’; 

d. In paragraph (a)(2)(iii), remove the 

words ‘‘§ 10.205(g)’’ and add, in their 

place, the words ‘‘§ 11.205(d)’’; and 

e. In paragraph (b), after the words 

‘‘unlimited license’’ add the words ‘‘or 

MMC endorsement’’. 

§ 11.474 [Amended] 

165. In newly redesignated § 11.474—

a. In the section heading, remove the 

words ‘‘License for’’ and add, in their 

place, the words ‘‘Officer endorsements 

as’’; 

b. In paragraph (a) introductory text, 

remove the words ‘‘a license or’’ and 

add, in its place, the words ‘‘an’’; 

c. In paragraph (a)(1)(i) and (ii), 

remove the words ‘‘a licensed’’

wherever they appear and add, in their 

place, the words ‘‘an individual holding 

a license or MMC endorsement as’’; 

d. In paragraph (a)(2)(i), remove the 

words ‘‘barge supervisor or ballast 

control operator license or 

endorsement’’ and add, in their place, 

the words ‘‘license or MMC 

endorsement as barge supervisor or 

ballast control operator’’; 

e. In paragraph (a)(2)(iii), remove the 

words ‘‘§ 10.205(g)’’ and add, in their 

place, the words ‘‘§ 11.205(d)’’; 

f. In paragraph (b), after the words 

‘‘unlimited license’’, add the words ‘‘or 

MMC endorsement’’; and remove the 

word ‘‘licensed’’ and add, in its place, 

the words ‘‘an individual holding an 

endorsement as’’; 

§ 11.476 [Removed and Reserved] 

166. Remove and reserve § 11.476. 

§ 11.480 [Amended] 

167. In newly redesignated § 11.480—

a. In paragraph (b) introductory text, 

remove the words ‘‘deck officer’s 

license’’ and add, in their place, the 

word ‘‘MMC’’; 

b. In paragraph (c), remove the words 

‘‘Endorsement as’’ wherever they 

appear; 

c. In paragraph (f), remove the last 

sentence; 

d. Remove paragraphs (g) and (k) and 

redesignate paragraphs (h) through (j) as 

paragraphs (g) through (i); 

e. In redesignated paragraph (h), after 

the words ‘‘a license’’, add the words 

‘‘or MMC’’; and after the words ‘‘may 

renew’’, remove the words ‘‘the 

license’’; and 

f. In redesignated paragraph (i), after 

the words ‘‘grade of a license’’ add the 

words ‘‘or MMC endorsement’’. 

§ 11.482 [Amended] 

168. In newly redesignated § 11.482—

a. In paragraph (a), after the words 

‘‘endorsement authorizing’’, remove the 

words ‘‘an applicant’’ and add, in their 

place, the words ‘‘a mariner’’; after the 

words ‘‘applies to all’’, remove the 

words ‘‘licenses except those for’’ and 

add, in their place, the words ‘‘MMCs 

except’’; before the words ‘‘master or 

mate authorizing’’, remove the words 

‘‘those for’’; after the words ‘‘Holders of 

any of these’’; remove the word 

‘‘licenses’’ and add, in its place, the 

word ‘‘endorsements’’; and remove the 

words ‘‘the licenses and without the 

endorsement’’ and add, in their place, 

the words ‘‘their MMC or license’’; 

b. In paragraph (c), remove the words 

‘‘An assistance towing endorsement on 

a license as master, mate, or operator 

authorizes the holder’’ and replace them 

with ‘‘The holder of a license or MMC 

for master, mate, or operator endorsed 

for assistance towing is authorized’’; 

and after the words ‘‘scope of the 

license’’, add the words ‘‘or MMC’’; and 

c. In paragraph (d), after the words 

‘‘same as the license’’, add the words 

‘‘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 their place, the 

word ‘‘MMC’’. 

§ 11.491 [Amended] 

169. In newly redesignated § 11.491—

a. In the section heading, remove the 

word ‘‘Licenses’’ and add, in its place, 

the word ‘‘Officer endorsements’’; and 

b. In the text, before the words ‘‘for 

service on’’, remove the word ‘‘license’’

and add, in its place, the words ‘‘officer 

endorsement’’; and after the words 

‘‘restrictions placed on the license’’, add 

the words ‘‘or MMC’’. 

§ 11.493 [Amended] 

170. In newly redesignated 

§ 11.493(a), remove the words ‘‘a 

license’’ and add, in their place, the 

words ‘‘an endorsement’’. 

§ 11.495 [Amended] 

171. In newly redesignated 

§ 11.495(a), remove the words ‘‘a 

license’’ and add, in their place, the 

words ‘‘an endorsement’’. 

§ 11.497 [Amended] 

172. In newly redesignated 

§ 11.497(a), remove the words ‘‘a 

license’’ and add, in their place, the 

words ‘‘an endorsement’’. 

Subpart E—[Amended] 

173. In the heading for subpart E, 

remove the words ‘‘Officers’ Licenses’’

and add, in their place, the word 

‘‘Officer’’. 

§ 11.501 [Amended] 

174. In newly redesignated § 11.501—

a. In the section heading, remove the 

word ‘‘licenses’’ and add, in its place, 

the word ‘‘endorsements’’; 

b. In paragraph (a) introductory text, 

remove the word ‘‘Licenses’’ and add, in 

its place, the words ‘‘Engineer 

endorsements’’; 

c. In paragraph (b) introductory text, 

remove the word ‘‘licenses’’ and add, in 

its place, the word ‘‘endorsements’’; 

d. In paragraph (c) introductory text, 

after the words ‘‘Engineer licenses’’ add 

the words ‘‘or MMC endorsements’’; and 

e. In paragraph (d) introductory text, 

remove the words ‘‘Engineer licenses 

are endorsed to authorize’’ and add, in 

its place, the words ‘‘An engineer 

officer’s license or MMC endorsement 

authorizes’’; and after the words 

‘‘vessels or may be’’, remove the words 

‘‘be endorsed for’’ and add, in their 

place, the word ‘‘authorize’’; and 

f. In paragraph (e), after the words 

‘‘holding an engineer license’’ add the 

words ‘‘or MMC endorsement’’; and 

after the words ‘‘limitations of the 

license’’, add the words ‘‘or MMC’’. 

§ 11.502 [Amended] 

175. In newly redesignated § 11.502—

a. In the section heading, remove the 

word ‘‘licenses’’ and add, in its place, 

the word ‘‘endorsements’’; 

b. In paragraph (a), after the words 

‘‘engineer licenses’’ add the words ‘‘or 

MMC endorsements’’; 

c. In paragraph (b) introductory text, 

remove the words ‘‘a licensed applicant 

desires to obtain an endorsement on an 

engineer license in the other propulsion 

mode (steam or motor)’’ and add, in 

their place, the words ‘‘an applicant 

desires to add a propulsion mode to his 

or her endorsement’’; and after the 

words ‘‘holding a license’’, add the 

words ‘‘or MMC endorsement’’; 


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d. In paragraph (b)(1), remove the 

words ‘‘licensed capacity’’ and add, in 

their place, the words ‘‘capacity as their 

endorsement’’; 

e. In paragraph (b)(2), remove the 

words ‘‘a licensed officer at a lower 

license level’’ and add, in their place, 

the words ‘‘an engineer officer at a 

lower level’’; and 

f. In paragraph (c), after the words ‘‘of 

an engineer license’’, add the words ‘‘or 

MMC endorsement’’; and remove the 

text ‘‘§ 10.205(g)’’ and add, in its place, 

the text ‘‘§ 11.205(d)’’. 

176. Revise newly redesignated 

§ 11.503 to read as follows—

§ 11.503 Horsepower limitations. 

(a) Engineer licenses and 

endorsements of all grades and types 

may be subject to horsepower 

limitations. Other than as provided in 

§ 11.524 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. 

§ 11.504 [Amended] 

177. In newly redesignated § 11.504—

a. In the section heading, remove the 

word ‘‘licenses’’ and add, in its place, 

the word ‘‘endorsements’’; and 

b. In the text, remove the words ‘‘a 

license’’ and add, in their place, the 

words ‘‘an endorsement’’. 

178. In newly redesignated § 11.505—

a. In the section heading, remove the 

word ‘‘license’’ and add, in its place, the 

word ‘‘officer’’; 

b. In the text, remove the word 

‘‘license’’ and add, in its place, the word 

‘‘endorsement’’; and 

c. Redesignate Figure 10.505 as Figure 

11.505 and revise it to read as follows: 

§ 11.505 Engineer officer structure. 

BILLING CODE 4910–15–P 


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BILLING CODE 4910–15–C 


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3680 Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Proposed Rules 

§ 11.510 [Amended] 

179. In newly redesignated § 11.510—

a. In the introductory text, remove the 

word ‘‘license’’ and add, in its place, the 

word ‘‘endorsement’’; and 

b. In paragraph (b), after the words 

‘‘holding a license’’ add the words or 

MMC endorsement’’. 

§ 11.512 [Amended] 

180. In newly redesignated § 11.512, 

after the words ‘‘qualify an applicant 

for’’, remove the word ‘‘license’’ and 

add, in its place, the word 

‘‘endorsement’’; and after the words 

‘‘holding a license’’, add the words or 

MMC endorsement’’. 

§ 11.514 [Amended] 

181. In newly redesignated § 11.514—

a. In the introductory text, after the 

words ‘‘qualify an applicant for’’ remove 

the word ‘‘license’’ and add, in its place, 

the word ‘‘endorsement’’; and 

b. In paragraphs (a) and (b) 

introductory text, after the words 

‘‘holding a license’’, wherever they 

appear, add the words ‘‘or MMC 

endorsement’’. 

§ 11.516 [Amended] 

182. In newly redesignated § 11.516, 

in paragraph (a) introductory text, after 

the words ‘‘an applicant for’’, remove 

the word ‘‘license’’ and add, in its place, 

the word ‘‘endorsement’’. 

183. Revise newly redesignated 

§ 11.518 to read as follows: 

§ 11.518 Service requirements for chief 

engineer (limited oceans) of steam and/or 

motor vessels. 

The minimum service required to 

qualify an applicant for endorsement as 

chief engineer (limited oceans) of steam 

and/or motor vessels is five-years total 

service in the engineroom of vessels. 

Two years of this service must have 

been as an engineer officer. Thirty 

months of the service must have been as 

a qualified member of the engine 

department or equivalent supervisory 

position. 

184. Revise newly redesignated 

§ 11.520 to read as follows: 

§ 11.520 Service requirements for chief 

engineer (limited near coastal) of steam 

and/or motor vessels. 

The minimum service required to 

qualify an applicant for endorsement as 

chief engineer (limited near coastal) of 

steam and/or motor vessels is four-years 

total service in the engineroom of 

vessels. One year of this service must 

have been as an engineer officer. Two 

years of the service must have been as 

a qualified member of the engine 

department (QMED) or equivalent 

supervisory position. 

185. Revise newly redesignated 

§ 11.522 to read as follows: 

§ 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. 

186. Amend newly redesignated 

§ 11.524 by revising paragraphs (a) and 

(b) introductory text to read as follows: 

§ 11.524 Service requirements for 

designated duty engineer of steam and/or 

motor vessels. 

(a) DDE endorsements are issued in 

three levels of horsepower limitations 

dependent upon the total service of the 

applicant and completion of appropriate 

examination. These MMCs are limited 

to vessels of not more than 500 gross 

tons on certain waters as specified in 

§ 11.501. 

(b) The service requirements for 

endorsements as DDE are: 

* * * * * 

187. Revise newly redesignated 

§ 11.530 to read as follows: 

§ 11.530 Endorsements for engineers of 

uninspected fishing industry vessels. 

(a) This section applies to 

endorsements for chief and assistant 

engineers of all vessels, however 

propelled, navigating the high seas, 

which are documented to engage in the 

fishing industry, with the exception of: 

(1) Wooden ships of primitive build; 

(2) Unrigged vessels; and, 

(3) Vessels of less than 200 gross tons. 

(b) Endorsements as chief engineer 

and assistant engineer of uninspected 

fishing industry vessels are issued for 

ocean waters and with horsepower 

limitations in accordance with the 

provisions of § 11.503. 

(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. 

188. Revise newly redesignated 

§ 11.540 to read as follows: 

§ 11.540 Endorsements for engineers of 

mobile offshore drilling units. 

Endorsements as chief engineer 

(MODU) or assistant engineer (MODU) 

authorize service on certain selfpropelled or non-self-propelled units of 

any horsepower where authorized by 

the vessel’s certificate of inspection. 

§ 11.542 [Amended] 

189. In newly redesignated § 11.542—

a. In the section heading, remove the 

words ‘‘License for’’ and add, in their 

place, the words ‘‘Endorsement as’’; 

b. In the introductory text and 

paragraph (c), remove the words ‘‘a 

license’’ wherever they appear and add, 

in their place, the words ‘‘an 

endorsement’’; and 

c. In paragraph (b), remove the 

number ‘‘10.205(g)’’ and add, in its 

place, the number ‘‘11.205(d)’’. 

§ 11.544 [Amended] 

190. In newly redesignated § 11.544—

a. In the section heading, remove the 

words ‘‘License for’’ and add, in their 

place, the words ‘‘Endorsement as’’; 

b. In the introductory text and 

paragraph (c), remove the words ‘‘a 

license’’ wherever they appear and add, 

in their place, the words ‘‘an 

endorsement’’; 

c. In paragraph (a)(3), remove the 

words ‘‘Commanding Officer’’ and add, 

in their place, the word ‘‘The’’; and 

d. In paragraph (b), remove the 

number ‘‘10.205(g)’’ and add, in its 

place, the number ‘‘11.205(d)’’. 

191. Revise newly redesignated 

§ 11.551 to read as follows: 

§ 11.551 Endorsements for service on 

offshore supply vessels. 

Each endorsement for service on 

OSVs as chief engineer (OSV) or 

engineer (OSV) authorizes service on 

OSVs as defined in 46 U.S.C. 2101(19) 

and as interpreted under 46 U.S.C. 

14104(b), subject to any restrictions 

placed on the MMC. 

§ 11.553 [Amended] 

192. In newly redesignated 

§ 11.553(a), remove the words ‘‘a 

license’’ and add, in their place, the 

words ‘‘an endorsement’’. 

§ 11.555 [Amended] 

193. In newly redesignated 

§ 11.555(a), remove the words ‘‘a 

license’’ and add, in their place, the 

words ‘‘an endorsement’’. 


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Subpart F—[Amended] 

194. In the heading for subpart F, 

remove the word ‘‘Licensing’’ and add, 

in its place, the word ‘‘Credentialing’’. 

195. Revise newly redesignated 

§ 11.601 to read as follows: 

§ 11.601 Applicability. 

This subpart provides for 

endorsement as radio officers for 

employment on vessels, and for the 

issue of STCW endorsements for those 

qualified to serve as radio operators on 

vessels subject to the provisions on the 

Global Maritime Distress and Safety 

System (GMDSS) of Chapter IV of 

SOLAS. 

196. In newly redesignated § 11.603, 

revise the heading and paragraphs (a) 

and (c), and remove and reserve 

paragraph (b) to read as follows: 

§ 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 in 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—[Amended] 

197. In the heading for subpart G, 

remove the words ‘‘Pilot Licenses’’ and 

add, in their place, the word ‘‘Pilots’’. 

198. Revise newly redesignated 

§ 11.701 to read as follows: 

§ 11.701 Scope of pilot endorsements. 

(a) An applicant for an endorsement 

as first-class pilot need not hold any 

other officer endorsement issued under 

this part. 

(b) The issuance of an endorsement as 

first-class pilot to an individual 

qualifies that individual to serve as pilot 

over the route(s) specified on the 

endorsement, subject to any limitations 

imposed under paragraph (c) of this 

section. 

(c) The OCMI issuing an endorsement 

as first-class pilot, imposes appropriate 

limitations commensurate with the 

experience of the applicant, with 

respect to class or type of vessel, 

tonnage, route, and waters. 

(d) A license or MMC endorsement 

issued for service as a master, mate, or 

operator of uninspected towing vessels 

authorizes service as a pilot under the 

provisions of § 15.812 of this 

subchapter. Therefore, first-class pilot 

endorsements will not be issued with 

tonnage limitations of 1,600 gross tons 

or less. 

199. In newly redesignated § 11.703—

a. Revise paragraphs (a) introductory 

text and (c) to read as set out below; and 

b. In paragraph (d), after the words 

‘‘holding a license’’, add the words ‘‘or 

MMC endorsement’’: 

§ 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 § 11.304. 

Additionally, round trips made during 

this training may apply toward the route 

familiarization requirements of § 11.705. 

An individual using substituted service 

must have at least nine months of 

shipboard service. 

* * * * * 

200. In newly redesignated § 11.705, 

revise paragraphs (b) and (c) to read as 

follows: 

§ 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. 

* * * * * 

201. Revise newly redesignated 

§ 11.707 to read as follows: 

§ 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. 

202. Revise newly redesignated 

§ 11.709, paragraphs (b), (c), (d) and (e) 

to read as follows: 

§ 11.709 Annual physical examination 

requirements. 

* * * * * 

(b) Every person holding a license or 

MMC endorsement as first-class pilot 

shall have a thorough physical 

examination each year. 

(c) Each annual physical examination 

must meet the requirements specified in 

§ 10.215. 

(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. 

(e) A first class pilot must provide the 

Coast Guard with a copy of his or her 

most recent physical examination. 

§ 11.711 [Amended] 

203. In newly redesignated § 11.711—


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a. In paragraphs (a) and (d), after the 

words ‘‘first class pilot’’, remove the 

words ‘‘license or’’; and 

b. In paragraph (b), after the words 

‘‘1,600 gross tons, the’’ remove the 

words ‘‘license or’’ and, after the words 

‘‘contained in § ’’ remove the number 

‘‘10.705’’ and add, in its place, the 

number ‘‘11.705’’. 

§ 11.713 [Amended] 

204. In newly redesignated § 11.713—

a. In paragraphs (a) and (b), wherever 

the phrase ‘‘license or endorsement’’

appears, insert the word ‘‘MMC’’ before 

the word ‘‘endorsement’’; and 

b. In paragraph (b), after the words ‘‘of 

the renewed’’ remove the words 

‘‘license or’’. 

§ 11.803 [Removed and Reserved] 

205. Remove and reserve newly 

redesignated § 11.803. 

206. Revise newly redesignated 

§ 11.805 to read as follows: 

§ 11.805 General requirements. 

(a) The applicant for an endorsement 

as staff officer is not required to take any 

examination; however, the applicant 

shall present to the OCMI a letter 

justifying the need for the endorsement. 

(b) [RESERVED] 

(c) An applicant for a higher grade in 

the staff department shall apply in the 

same manner as for an original 

endorsement and shall surrender the 

previous Coast Guard-issued credentials 

upon issuance of the new MMC. A staff 

officer may serve in a lower grade of 

service for which he or she is registered. 

(d) Title 46 U.S.C. 8302 addresses 

uniforms for staff officers who are 

members of the Naval Reserve. 

(e) A duplicate MMC may be issued 

by the OCMI. (See § 10.229.) 

(f) An MMC is valid for a term of five 

years from the date of issuance. 

Procedures for renewing endorsements 

are found in § 10.227. 

(g) Each applicant for an original or a 

higher grade of endorsement, as 

described by paragraph (c) of this 

section, shall produce evidence of 

having passed a chemical test for 

dangerous drugs or of qualifying for an 

exception from testing in § 16.220 of 

this subchapter. An applicant who fails 

a chemical test for dangerous drugs will 

not be issued an MMC. 

207. In newly redesignated § 11.807—

a. In paragraph (a) introductory text, 

after the words ‘‘The applicant for’’

remove the words ‘‘a certificate of 

registry’’ and add, in their place, the 

words ‘‘an endorsement’’; 

b. In paragraph (c), after the words 

‘‘an applicant for’’ remove the words ‘‘a 

certificate of registry’’ and add, in their 

place, the words ‘‘an endorsement’’; 

c. In paragraph (d), after the words 

‘‘an applicant for’’ remove the words ‘‘a 

certificate of registry’’ and add, in their 

place, the words ‘‘an endorsement’’, and 

after the words ‘‘may issue the’’ remove 

the words ‘‘certificate of registry’’ and 

add, in their place, the word ‘‘MMC’’; 

and 

d. Add new paragraphs (a)(7) and (8) 

to read as follows: 

§ 11.807 Experience requirements for 

registry. 

(a) * * * 

* * * * * 

(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. 

* * * * * 

§ 11.809 [Removed and Reserved] 

208. Remove and reserve newly 

redesignated § 11.809. 

Subpart I—[Amended] 

209. In the heading for subpart I, 

remove the word ‘‘License’’. 

210. In newly redesignated § 11.901—

a. In paragraph (a), remove the word 

‘‘license’’ and add, in its place, the word 

‘‘endorsement’’, and remove the words 

‘‘10.903(b)’’ and add, in its place, the 

words ‘‘11.903(b)’’; 

b. Revise paragraph (b) to read as set 

out below; and 

c. In paragraph (c) introductory text, 

after the words ‘‘as provided in §§ ’’

remove the words ‘‘10.202 and 10.209’’

and add, in their place, the words 

‘‘11.202 and 10.227’’; and after the 

words ‘‘reference in’’ remove the 

number ‘‘10.102’’ and add, in its place, 

the number ‘‘11.102’’: 

§ 11.901 General provisions 

* * * * * 

(b) If the endorsement is to be limited 

in a manner which would render any of 

the subject matter unnecessary or 

inappropriate, the examination may be 

amended accordingly by the OCMI. 

Limitations which may affect the 

examination content are: 

(1) MMCs endorsed for restricted 

routes for reduced service (master or 

mate of vessels of not more than 200 

gross tons, OUPV or master or mate 

(pilot) of towing vessels); or 

(2) Engineer endorsements with 

horsepower restrictions. 

* * * * * 

§ 11.903 [Amended] 

211. In newly redesignated § 11.903—

a. In the section heading, remove the 

word ‘‘Licenses’’ and add, in its place, 

the word ‘‘Endorsements’’; 

b. In paragraph (a) introductory text, 

remove the word ‘‘licenses’’ and add, in 

its place, the word ‘‘endorsements’’; 

c. In paragraph (b) introductory text, 

remove the word ‘‘licenses’’ and add, in 

its place, the word ‘‘endorsements’’; 

d. In paragraphs (b)(2) and (3), remove 

the word ‘‘license’’; 

e. In paragraph (c) introductory text, 

remove the word ‘‘licenses’’ and add, in 

its place, the word ‘‘endorsements’’; 

remove the number ‘‘10.102’’ and add, 

in its place, the number ‘‘11.102’’; and 

remove the words ‘‘table 903–1’’ and 

add, in their place, the words ‘‘table 

11.903(c)’’; 

f. In paragraph (d), remove the words 

‘‘After July 31, 1998, any’’ and add, in 

their place, the word ‘‘Any’’; remove the 

words ‘‘a license’’ and add, in their 

place, the words ‘‘an endorsement’’; 

remove the words ‘‘table 10.903–1’’ and 

add in their place the words ‘‘table 

11.903(c)’’; remove the number 

‘‘10.102’’ and add, in its place, the 

number ‘‘11.102’’; and remove the 

words ‘‘10.910, or 10.950’’ and add, in 

their place, the words ‘‘11.910, or 

11.950’’; and 

g. Redesignate table 10.903–1 as table 

11.903(c). 

212. In newly redesignated § 11.910—

a. Revise the section heading and 

introductory text as set out below; 

b. Redesignate table 10.910–1 as table 

11.910–1 and revise the heading and 

subheading to read as set out below; and 

c. In table 10.910–2—

i. Redesignate table 10.910–2 as table 

11.910–2; 

ii. In the subheading for newly 

redesignated table 11.910–2, remove the 

word ‘‘License’’ and add, in its place, 

the word ‘‘Endorsement’’; 

iii. In the first column entitled 

‘‘Examination topics’’, on line 182, 

remove the words ‘‘Licensing & 

Certification’’ and add, in their place, 

the word ‘‘Credentialing’’; 

iv. In footnotes 6 and 7, remove the 

word ‘‘licenses’’ wherever it appears 

and add, in its place, the words ‘‘officer 

endorsements’’; and 

v. In footnote 8, remove the word 

‘‘licenses’’: 


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§ 11.910 Subjects for deck officer 

endorsements. 

Table 11.910–1 gives the codes used 

in table 11.910–2 for all deck officers. 

Table 11.910–2 indicates the 

examination subjects for each 

endorsement, by code number. Figures 

in the body of the table, in place of the 

letter ‘‘x’’, refer to notes. 

Table 11.910–1 Codes for Deck Officer 

Endorsements 

Deck Officer Endorsements: 

* * * * * 

213. In newly redesignated § 11.920—

a. Revise the section heading and 

introductory text to read as set out 

below; 

b. Redesignate table 10.920–1 as table 

11.920–1 and revise it to read as set out 

below; and 

c. Redesignate table 10.920–2 as table 

11.920–2 and in the first column 

entitled ‘‘Examination topics’’, under 

the entry for ‘‘National maritime law’’, 

remove the words ‘‘Licensing and 

certification’’ and add, in their place, 

the word ‘‘Credentialing’’: 

§ 11.920 Subjects for MODU 

endorsements. 

Table 11.920–1 gives the codes used 

in table 11.920–2 for MODU 

endorsements. Table 11.920–2 indicates 

the examination subjects for each 

endorsement by the code number. 

Table 11.920–1 Codes for MODU 

Endorsements 

* * * * * 

214. In newly redesignated § 11.950, 

revise the section heading and 

redesignate table 10.950 as table 11.950 

and revise the heading to read as 

follows: 

§ 11.950 Subjects for engineer 

endorsements. 

Table 11.950 Subjects for Engineer 

Endorsements 

* * * * * 

215. Revise newly redesignated 

§ 11.1005 to read as follows: 

§ 11.1005 General requirements for 

officers. 

To serve on a Ro-Ro passenger ship 

after January 31, 1997, 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 in § 11.102) and shall hold 

documentary evidence to show his or 

her meeting these requirements. 

216. Revise newly redesignated 

§ 11.1105 introductory text and 

paragraph (a) to read as follows: 

§ 11.1105 General requirements for 

officer’s endorsements. 

If you are a master, mate, chief mate, 

engineer, or chief engineer, then, before 

you may serve on a passenger ship, you 

must—

(a) Meet the appropriate requirements 

of the STCW Regulation V/3 and of 

section A–V/3 of the STCW Code 

(incorporated by reference in § 11.102); 

and 

* * * * * 

PART 12—CERTIFICATION OF 

SEAMEN 

217. Revise the title of part 12 to read 

as follows: 

PART 12—REQUIREMENTS FOR 

RATING ENDORSEMENTS 

218. 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. 

§ 12.01–1 [Amended] 

219. In § 12.01–1—

a. In paragraph (a)(2), after the words 

‘‘and to receive the’’, remove the words 

‘‘certificate or’’; and 

b. Remove paragraphs (a)(3) and (c). 

220. Revise § 12.01–3 to read as 

follows: 

§ 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–3PSO), 2100 Second 

Street SW., Washington, DC 20593–

0001, and is available from the sources 

indicated in this section. 

(b) International Maritime 

Organization (IMO), 4 Albert 

Embankment, London, SE1 7SR, 

England. 

(1) The International Convention on 

Standards of Training, Certification and 

Watchkeeping for Seafarers, 1978, as 

amended (the STCW Convention or the 

STCW) , incorporation by reference 

approved for §§ 12.01–1, 12.02–7, 

12.02–11, 12.03–1, 12.05–3, 12.05–7, 

12.05–11, 12.10–3; 12.10–5, 12.10–7, 

12.10–9, 12.15–3, 12.15–7, 12.25–45, 

12.30–5, and 12.35–5. 

(2) The Seafarers’ Training, 

Certification and Watchkeeping Code 

(the STCW Code), incorporation by 

reference approved for §§ 12.01–1, 

12.02–7, 12.02–11, 12.03–1, 12.05–3, 

12.05–7, 12.05–11, 12.10–3, 12.10–5, 

12.10–7, 12.10–9, 12.15–3, 12.15–7, 

12.25–45, 12.30–5, and 12.35–5. 

§ 12.01–6 [Removed and Reserved] 

221. Remove and reserve § 12.01–6. 

§ 12.01–7 [Removed and Reserved] 

222. Remove and reserve § 12.01–7. 

§ 12.01–11 [Removed and Reserved] 

223. Remove and reserve § 12.011. 

§ 12.02–3 [Removed and Reserved] 

224. Remove and reserve § 12.02–3. 

§ 12.02–4 [Removed and Reserved] 

225. Remove and reserve § 12.02–4. 

§ 12.02–5 [Removed and Reserved] 

226. Remove and reserve § 12.02–5. 

227. Revise § 12.02–7, paragraphs (a) 

through (e) and (f) introductory text to 

read as follows: 

§ 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 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 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 


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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 in § 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 hold an STCW endorsement, 

either because he or she is exempt from 

application of the STCW, or because the 

vessels are not subject to further 

obligation under STCW, on account of 

their special operating conditions as 

small vessels engaged in domestic 

voyages: 

* * * * * 

§ 12.02–9 [Removed and Reserved] 

228. Remove and reserve § 12.02–9. 

§ 12.02–10 [Removed and Reserved] 

229. Remove and reserve § 12.02–10. 

230. Revise § 12.02–11 to read as 

follows: 

§ 12.02–11 General provisions respecting 

rating endorsements. 

(a) (1) An MMC with a deck officer 

endorsement will also be endorsed for 

‘‘any rating in the deck department, 

except able seaman’’, and 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, ‘‘any rating in the deck 

department, including able seaman’’, 

and such endorsement will be deemed 

to include an endorsement as 

lifeboatman. 

(2) An MMC issued to an engineer 

officer endorsed for inspected vessels of 

over 2,000 horsepower will be endorsed 

for ‘‘any rating in the engine 

department’’, and will authorize the 

holder to serve in any rating capacity in 

the engine department. If an engineer 

officer qualifies as a lifeboatman, the 

further endorsement, ‘‘lifeboatman’’ will 

be placed on the MMC. 

(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) When a rating endorsement is 

issued, renewed, or endorsed, the OCMI 

will determine whether the holder of 

the credential is required to hold an 

STCW endorsement for service on a 

seagoing vessel, and then, if the holder 

is qualified, the OCMI will issue the 

appropriate endorsement. The OCMI 

will also issue an STCW endorsement at 

other times, if circumstances so require 

and if the holder of the document is 

qualified to hold 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 

§ 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, to perform the marineengineering 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. 

§ 12.02–12 [Removed and Reserved] 

231. Remove and reserve § 12.02–12. 

§ 12.02–13 [Removed and Reserved] 

232. Remove and reserve § 12.02–13. 

§ 12.02–14 [Removed and Reserved] 

233. Remove and reserve § 12.02–14. 

§ 12.02–15 [Removed and Reserved] 

234. Remove and reserve § 12.02–15. 

§ 12.02–17 [Amended] 

235. In § 12.02–17—

a. In the section heading, remove the 

words ‘‘Preparation and issuance of 

documents’’ and add, in their place, the 

words ‘‘Examination procedures and 

denial of rating endorsements’’; 

b. In paragraph (a), remove the words 

‘‘of a person for a merchant mariner’s 

document’’ and add, in their place, the 

words ‘‘for a rating endorsement’’; 

c. Remove paragraphs (b), (c), (d), (e), 

and (h); 

d. Redesignate paragraph (f) as 

paragraph (b); remove the words 

‘‘certificate of service or efficiency’’ and 

add, in their place, the words ‘‘rating 

endorsement’’; and after the words 

‘‘examined and refused’’, remove the 

words ‘‘a certificate’’ and add, in their 

place, the words ‘‘the endorsement’’; 

and 

e. Redesignate paragraph (g) as 

paragraph (c); remove the word 

‘‘certificate’’ and add, in its place, the 

words ‘‘rating endorsement’’. 

§§ 12.02–18 through 12.02–27 [Removed 

and Reserved] 

236. Remove and reserve §§ 12.02–18 

through 12.02–27. 

§ 12.03–1 [Amended] 

237. In § 12.03–1—

a. In paragraph (a) introductory text, 

after the words ‘‘part 10 of this’’, remove 

the word ‘‘chapter’’ and add, in its 

place, the word ‘‘subchapter’’; remove 

the text ‘‘§ 10.302’’ and add, in its place, 

the text ‘‘§ 11.302’’; after the words 

‘‘used to qualify’’, add the words ‘‘an 

applicant’’; after the words ‘‘hold an 

STCW’’, remove the words ‘‘certificate 

or’’ and add, in their place, the words 

‘‘or rating’’; and remove the words ‘‘for 

service on or after February 1, 2002,’’; 

b. In paragraph (a)(3)(iii), remove the 

words ‘‘license, endorsement,’’ and add, 

in their place, the words ‘‘Coast Guard 

credential’’; 

c. In paragraph (a)(4), remove the 

words ‘‘maritime license or document’’

and add, in their place, the words 

‘‘Coast Guard credential’’; 

d. In paragraph (b), after the words 

‘‘training necessary for’’, remove the 

word ‘‘licenses’’ and add, in its place, 

the words ‘‘both officer’’. 


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e. In paragraph (c) introductory text, 

before the words ‘‘particular training 

does’’, add the word ‘‘the’’; and 

f. In paragraph (c)(2), remove the 

words ‘‘Commanding Officer,’’; and 

after the words ‘‘National Maritime 

Center’’, add the text ‘‘(NMC)’’. 

§ 12.05–1 [Amended] 

238. In § 12.05–1—

a. In paragraph (a), remove the words 

‘‘employed in a rating’’ and add, in their 

place, the words ‘‘serving under the 

authority of a rating endorsement’’; and 

remove the words ‘‘a merchant 

mariner’s document’’ and add, in their 

place, the words ‘‘an MMC or MMD 

endorsement’’; and 

b. In paragraph (b), remove the word 

‘‘certificate’’ and add, in its place, the 

words ‘‘MMD or MMC endorsed’’. 

§ 12.05–3 [Amended] 

239. In § 12.05–3—

a. In paragraph (a) introductory text, 

remove the word ‘‘certification’’ and 

add, in its place, the words ‘‘an 

endorsement’’; 

b. In paragraph (a)(2), remove the 

word ‘‘examination’’ and add, in its 

place, the words ‘‘and medical 

examination in § 10.215 of this 

subchapter’’; 

c. In paragraph (b) introductory text, 

remove the words ‘‘valid for any period 

on or after February 1, 2002,’’; and 

d. In paragraph (c), remove the word 

‘‘certification’’ and add, in its place, the 

words ‘‘an endorsement’’. 

§ 12.05–5 [Removed and Reserved] 

240. Remove and reserve § 12.05–5. 

§ 12.05–7 [Amended] 

241. In § 12.05–7—

a. In paragraph (a) introductory text, 

after the words ‘‘categories of’’ remove 

the words ‘‘able seaman is as’’ and add, 

in their place, the words ‘‘endorsement 

as able seaman are’’; and, 

b. Remove paragraphs (c), (d), and (e). 

§ 12.05–9 [Amended] 

242. In § 12.05–9—

a. In paragraph (a) introductory text, 

remove the word ‘‘certified’’ and add, in 

its place, the words ‘‘issued an 

endorsement’’; and 

b. In paragraph (e), remove the words 

‘‘is in valid possession of a certificate as 

able seaman endorsed’’ and add, in their 

place, the words ‘‘holds a valid MMC or 

MMD endorsed as able seaman’’; after 

the words ‘‘service to qualify for’’, 

remove the words ‘‘a certificate as able 

seaman endorsed’’ and add, in their 

place, the words ‘‘an endorsement as 

able seaman’’; after the words ‘‘issued a 

new’’, remove the word ‘‘document’’

and add, in its place, the word ‘‘MMC’’; 

after the words ‘‘for cancellation the’’

remove the word ‘‘document’’ and add, 

in its place, the word ‘‘credential’’; 

remove the words ‘‘by a medical officer 

of the Public Health Service’’; and after 

the words ‘‘determine his competency’’, 

add the words ‘‘as set forth in § 10.215 

of this chapter’’. 

§ 12.05–11 [Amended] 

243. In § 12.05–11—

a. In the section heading, remove the 

words ‘‘merchant mariner’s document 

endorsed’’ and add, in their place, the 

words ‘‘endorsements’’; 

b. In paragraph (a), 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 

‘‘when serving’’, remove the words ‘‘in 

as a ‘‘rating forming part of a 

navigational watch’’’’ and add, in their 

place, the words ‘‘as a rating forming 

part of a navigational watch (RFPNW)’’; 

and 

c. In paragraph (b), remove the words 

‘‘A merchant mariner’s document’’ and 

add, in their place, the words ‘‘An MMC 

or MMD’’; remove the words ‘‘a 

certificate of efficiency’’ and add, in 

their place, the words ‘‘an 

endorsement’’; and remove the words 

‘‘without further endorsement’’. 

§ 12.10–1 [Amended] 

244. In § 12.10–1—

a. In the section heading, remove the 

word ‘‘Certification’’ and add, in its 

place, the word ‘‘Credentials’’; and 

b. In the text, remove the words 

‘‘employed in a rating’’ and add, in their 

place, the words ‘‘serving under the 

authority of a rating endorsement’’; 

remove the words ‘‘certificated 

lifeboatmen shall produce a certificate 

as lifeboatman or merchant mariner’s 

document endorsed as lifeboatman or 

able seaman to the shipping 

commissioner,’’ and add, in their place, 

the words ‘‘lifeboatmen must produce 

an MMC or MMD endorsed as 

lifeboatman or able seaman to the’’; and 

remove the words ‘‘certificate of 

efficiency’’ and add, in their place, the 

word ‘‘endorsement’’. 

§ 12.10–3 [Amended] 

245. In § 12.10–3—

a. In paragraph (a) introductory text, 

remove the word ‘‘certification’’ and 

add, in its place, the words ‘‘an 

endorsement’’; 

b. In paragraph (a)(5), after the words 

‘‘National Maritime Center,’’, remove 

the word ‘‘and’’ and add, in its place, 

the word ‘‘or’’; 

c. In paragraph (b), remove the word 

‘‘certification’’ and add, in its place, the 

words ‘‘an endorsement’’; and 

d. In paragraph (c), remove the word 

‘‘certified’’ and add, in its place, the 

words ‘‘eligible for an endorsement’’. 

§ 12.10–5 [Amended] 

246. In § 12.10–5—

a. In paragraph (a) introductory text, 

remove the word ‘‘certified’’ and add, in 

its place, the words ‘‘issued an 

endorsement’’; and 

b. In paragraph (d), remove the words 

‘‘After July 31, 1998, each’’ and add, in 

their place, the word ‘‘Each’’; and 

remove the words ‘‘certificate endorsed 

for’’ and add, in their place, the words 

‘‘endorsement with an STCW 

endorsement for’’. 

§ 12.10–7 [Amended] 

247. In § 12.10–7—

a. In the section heading, after the 

words ‘‘provisions respecting’’, remove 

the words ‘‘merchant mariner’s 

documents’’ and add, in their place, the 

words ‘‘an MMC or MMD’’ ; and 

b. In the text, before the words 

‘‘endorsed as able seaman’’, remove the 

words ‘‘A merchant mariner’s 

document’’ and add, in their place, the 

words ‘‘An MMC or MMD’’; after the 

words ‘‘equivalent of’’, remove the 

words ‘‘a certificate as lifeboatman or 

of’’; after the words ‘‘will be accepted’’

remove the words ‘‘as either of these 

wherever either is’’ and add, in their 

place, the words ‘‘wherever a 

lifeboatman is’’; after the words ‘‘that, 

when’’, remove the words ‘‘the holder 

documented as’’; and remove the word 

‘‘certificated’’ and add, in its place, the 

word ‘‘endorsed’’. 

248. In § 12.10–9, revise the heading, 

paragraph (a), and paragraph (b) 

introductory text to read as follows: 

§ 12.10–9 Endorsement for proficiency in 

fast rescue boats. 

(a) Each person engaged or employed 

as a lifeboatman proficient in fast rescue 

boats must hold an appropriately 

endorsed MMC or MMD. 

(b) To be eligible for an MMC 

endorsed for proficiency in fast rescue 

boats, an applicant must: 

* * * * * 

§ 12.13–3 [Amended] 

249. In § 12.13–3 text, remove the 

words ‘‘license or document’’ and add, 

in their place, the word ‘‘MMC’’. 

§ 12.15–1 [Amended] 

250. In § 12.15–1—

a. In the section heading, remove the 

word ‘‘Certification’’ and add, in its 

place, the word ‘‘Credentials’’; 

b. 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’’; after 


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3686 Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Proposed Rules 

the words ‘‘vessel requiring’’, remove 

the word ‘‘certificated’’; and after the 

words ‘‘shall produce’’, remove the 

words ‘‘a certificate’’ and add, in their 

place, the words ‘‘an endorsement’’; and 

c. In paragraph (b), remove the word 

‘‘certificate’’ and add, in its place, the 

word ‘‘endorsement’’. 

§ 12.15–3 [Amended] 

251. In § 12.15–3—

a. In paragraph (a), after the words 

‘‘any person below’’, remove the words 

‘‘the rating of licensed’’; after the words 

‘‘who holds’’, remove the words ‘‘a 

certificate of service as such’’ and add, 

in their place, the words ‘‘an MMC or 

MMD endorsed as’’; and after the words 

‘‘Coast Guard’’, remove the words ‘‘or 

predecessor authority’’; 

b. In paragraph (b), after the words 

‘‘considered a rating’’, remove the words 

‘‘not above that of’’ and add, in their 

place, the words ‘‘equal to’’; and after 

the words ‘‘passer or wiper’’, remove the 

words ‘‘, but equal thereto’’; 

c. In paragraph (c), remove the word 

‘‘certification’’ and add, in its place, the 

words ‘‘an endorsement’’; 

d. In paragraph (d) introductory text, 

remove the words ‘‘After July 31, 1998, 

an’’ and add, in their place, the word 

‘‘An’’; and remove the word 

‘‘certification’’ and add, in its place, the 

word ‘‘endorsement’’; and 

e. In paragraph (e), remove the words 

‘‘After July 31, 1998, an’’ and add, in 

their place, the word ‘‘An’’; remove the 

words ‘‘valid for any period on or after 

February 1, 2002,’’; and remove the 

word ‘‘certification’’ and add, in its 

place, the word ‘‘endorsement’’. 

252. Revise § 12.15–5 to read as 

follows: 

§ 12.15–5 Physical and medical 

requirements. 

The physical and medical 

requirements for an endorsement as 

QMED are found in § 10.215 of this 

chapter. 

§ 12.15–7 [Amended] 

253. In § 12.15–7—

a. In paragraph (a), after the words 

‘‘applicant for’’, remove the words ‘‘a 

certificate of service’’ and add, in their 

place, the words ‘‘an endorsement’’; 

b. In paragraph (b)(1), after the words 

‘‘graduate of a school ship may’’, 

remove the words ‘‘be rated’’ and add, 

in their place, the words ‘‘qualify for a 

rating endorsement’’; and 

c. In paragraph (c), after the words 

‘‘qualified rating’’, add the words ‘‘in 

the engineer department’’. 

§ 12.15–9 [Amended] 

254. In § 12.15–9—

a. In paragraph (a), remove the word 

‘‘certification’’ and add, in its place, the 

word ‘‘endorsement’’; and b. 

In paragraphs (c) and (d), remove the 

word ‘‘certification’’ wherever it appears 

and add, in its place, the words ‘‘an 

endorsement’’. 

§ 12.15–11 [Amended] 

255. In § 12.15–11—

a. In the section heading, remove the 

words ‘‘merchant mariner’s documents 

endorsed’’ and add, in their place, the 

words ‘‘an endorsement’’; and 

b. In the introductory text, after the 

words ‘‘The holder of ’’, remove the 

words ‘‘a merchant mariner’s document 

endorsed’’, and add, in their place, the 

words ‘‘an endorsement’’; after the 

words ‘‘Each qualified member of the 

engine department rating’’, remove the 

words ‘‘for which a holder of a 

merchant mariner’s document is 

qualified must be endorsed separately’’

and add, in their place, the words ‘‘must 

be a separate endorsement’’; and after 

the words ‘‘all ratings covered by’’, 

remove the words ‘‘a certificate as a 

qualified member of the engine 

department, the certification’’ and add, 

in their place, the words ‘‘an 

endorsement as a QMED, the 

endorsement’’. 

§ 12.15–13 [Amended] 

256. In § 12.15–13—

a. In paragraph (a) introductory text, 

remove the words ‘‘a certificate’’ and 

add, in their place, the words ‘‘an 

endorsement’’; and remove the words ‘‘a 

merchant mariner’s document’’ and add, 

in their place, the words ‘‘an MMC or 

MMD’’; 

b. In paragraph (b), remove the words 

‘‘merchant mariner’s document’’ and 

add, in their place, the word ‘‘MMC’’; 

and 

c. In paragraph (c), remove the words 

‘‘a merchant mariner’s document’’ and 

add, in their place, the words ‘‘an MMC 

or MMD’’; remove the word 

‘‘unlicensed’’; and after the words 

‘‘entered on his’’, remove the word 

‘‘document’’ and add, in its place, the 

words ‘‘or her credential’’. 

§ 12.15–15 [Amended] 

257. In § 12.15–15—

a. In paragraph (a) introductory text, 

remove the words ‘‘a certificate’’ and 

add, in their place, the words ‘‘an 

endorsement’’; remove the words ‘‘a 

merchant mariner’s document’’ and add, 

in their place, the words ‘‘an MMC or 

MMD’’; and remove the word 

‘‘certification’’ and add, in its place, the 

word ‘‘endorsement’’; 

b. In paragraph (b), remove the words 

‘‘current merchant mariner’s document 

held by the applicant’’, and add, in their 

place, the words ‘‘applicant’s MMC’’; 

and 

c. In paragraph (c), remove the words 

‘‘a merchant mariner’s document’’, and 

add, in their place, the words ‘‘an MMC 

or MMD’’; and 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’’. 

§ 12.25–1 [Amended] 

258. In § 12.25–1—

a. In the section heading, remove the 

word ‘‘Certification’’ and add, in its 

place, the word ‘‘Credentials’’; and 

b. In the text, remove the word 

‘‘certificated’’; and remove the words ‘‘a 

merchant mariner’s document’’ and add, 

in their place, the words ‘‘an MMC or 

MMD with the appropriate 

endorsement’’. 

259. Revise § 12.25–10 to read as 

follows: 

§ 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—steward’s 

department (F.H.). Holders of MMCs or 

MMDs endorsed as ordinary seaman 

may serve in any unqualified rating in 

the deck department. Holders of MMCs 

or MMDs endorsed as wiper may serve 

in any unqualified rating in the engine 

department. MMCs or MMDs endorsed 

as steward’s department (F.H.) will 

authorize the holder’s service in any 

capacity in the steward’s department. 

(See § 12.02–11(b) for unqualified 

ratings in the staff department.) 

(b) When the holder of an 

endorsement is qualified as a food 

handler, the steward’s department 

endorsement will be followed by the 

further endorsement (F.H.). 

260. Revise § 12.25–20 to read as 

follows: 

§ 12.25–20 Physical and medical 

requirements. 

The physical and medical 

requirements for this subpart are found 

in part 10. 

261. Revise § 12.15–25 to read as 

follows: 

§ 12.25–25 Members of Merchant Marine 

Cadet Corp. 

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 


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Administration training program. The 

MMC must be surrendered upon the 

holder being endorsed in any other 

rating or upon being issued an officer’s 

endorsement and the rating of cadet 

(deck) or cadet (engine) will be omitted. 

§ 12.25–30 [Amended] 

262. In § 12.25–30 text, remove the 

words ‘‘merchant mariner’s document’’

and add, in their place, the words 

‘‘MMC endorsed’’; and remove the 

words ‘‘documents or certificates’’ and 

add, in their place, the word 

‘‘endorsements’’. 

§ 12.25–35 [Amended] 

263. In § 12.25–35—

a. In paragraph (a), remove the words 

‘‘a merchant mariner’s document’’ and 

add, in their place, the words ‘‘an 

endorsement’’; and 

b. In paragraph (b), remove the words 

‘‘merchant mariner’s document with’’. 

§ 12.25–40 [Amended] 

264. In § 12.25–40, remove the words 

‘‘a merchant mariner’s document’’ and 

add, in their place, the words ‘‘an 

endorsement’’. 

§ 12.25–45 [Amended] 

265. In § 12.25–45, remove the words 

‘‘certificates or’’. 

§ 12.30–1 [Amended] 

266. In § 12.30–1, remove the words 

‘‘certification of’’ and add, in their 

place, the words ‘‘endorsements for’’. 

§ 12.30–3 [Removed and Reserved] 

267. Remove and reserve § 12.30–3. 

§ 12.30–5 [Amended] 

268. In § 12.30–5, remove the words 

‘‘after January 31, 1997,’’; and remove 

the word ‘‘MMD’’ and add, in its place, 

the word ‘‘endorsement’’. 

§ 12.35–1 [Amended] 

269. In § 12.35–1, remove the word 

‘‘certification’’ and add, in its place, the 

word ‘‘qualification’’; and remove the 

word ‘‘§ 12.35–3’’ and add, in its place, 

the words ‘‘part 10’’. 

§ 12.35–3 [Removed and Reserved] 

270. Remove and reserve § 12.35–3. 

§ 12.35–5 [Amended] 

271. In § 12.35–5—

a. In the introductory text, remove the 

words ‘‘If you are an unlicensed person, 

then, before you’’ and add, in their 

place, the words ‘‘A mariner with no 

endorsements,’’; and remove the words 

‘‘you must’’ and add, in their place, the 

words ‘‘only after meeting the following 

conditions’’; and 

b. In paragraph (b), remove the words 

‘‘you do meet’’, and add, in their place, 

the words ‘‘the mariner meets’’. 

PART 13—CERTIFICATION OF 

TANKERMEN 

272. The authority citation for part 13 

continues to read as follows: 

Authority: 46 U.S.C. 3703, 7317, 8105, 

8703, 9102; Department of Homeland 

Security Delegation No. 0170.1. 

§ 13.101 [Amended] 

273. In § 13.101, remove the words 

‘‘to a merchant mariner’s document’’

and add, in their place, the words ‘‘on 

a merchant mariner credential’’. 

§ 13.103 [Removed and Reserved] 

274. Remove and reserve § 13.103. 

275. Add new § 13.106 to read as 

follows: 

§ 13.106 Requirement to hold an MMC. 

An applicant for any endorsement in 

this part must also meet the 

requirements for the MMC on which the 

endorsement would appear. These 

requirements are set out in part 10 of 

this chapter. 

§ 13.107 [Amended] 

276. In § 13.107—

a. In paragraphs (a), (b), (c), (d), (e), 

and (f), remove the word ‘‘MMD’’

wherever it appears, and add, in its 

place, the word ‘‘MMC’’; 

b. In paragraph (a), remove the words 

‘‘engineer’s license’’ and add, in its 

place, the words ‘‘engineer license or 

engineer endorsement’’; 

c. In paragraph (d), place quotation 

marks (‘‘’’) before and after the words 

‘‘Tankerman-Engineer’’; after the words 

‘‘No person licensed’’, add the words 

‘‘or credentialed’’; and remove the 

number ‘‘10.105’’, and add, in its place, 

the number ‘‘11.105’’; 

d. In paragraph (e), remove the text 

‘‘13.103’’ and add, in its place, the text 

‘‘10.107’’; and 

e. In paragraph (f), remove the text 

‘‘10.105’’, and add, in its place, the text 

‘‘10.217’’; and remove the word 

‘‘chapter’’ and add, in its place, the 

word ‘‘title’’. 

§ 13.109 [Amended] 

277. In § 13.109(c), remove the text 

‘‘10.105’’ and add, in its place, the text 

‘‘10.217’’; and remove the word ‘‘MMD’’

and add, in its place, the word ‘‘MMC’’. 

§ 13.111 [Amended] 

278. In § 13.111—

a. In the section heading, after the 

word ‘‘Restricted’’, add the word 

‘‘tankerman’’; 

b. In paragraph (a), remove the words 

‘‘46 CFR 10.105’’ and add, in their 

place, the words ‘‘§ 10.217 of this 

chapter’’; 

c. In paragraph (d)(3), after the words 

‘‘passing a physical’’, add the words 

‘‘and medical’’; and remove the words 

‘‘in accordance with § 13.125’’ and add, 

in their place, the words ‘‘according to 

§ 10.215 of this chapter’’; and 

d. In paragraph (f), after the words 

‘‘Seafarers, 1978’’, add the words ‘‘, as 

amended’’. 

§ 13.119 [Amended] 

279. In § 13.119 text, remove the word 

‘‘MMD’’ and add, in its place, the words 

‘‘merchant mariner’s document or 

merchant mariner credential on which 

the endorsement appears’’. 

§ 13.120 [Amended] 

280. In § 13.120, in the section 

heading, before the word 

‘‘endorsement’’, add the word 

‘‘tankerman’’; remove the number 

‘‘12.02–27’’ and add, in its place, the 

number ‘‘10.227’’; and remove the word 

‘‘MMD’’ and add, in its place, the word 

‘‘MMC’’. 

§ 13.121 [Amended] 

281. In § 13.121—

a. In the section heading, remove the 

word ‘‘training’’ and after the word 

‘‘tankerman’’, add the word 

‘‘endorsements’’; and 

b. In paragraph (a), remove the text 

‘‘10.203 and 10.304’’ and add, in its 

place, the text ‘‘11.302 and 11.304’’. 

§ 13.125 [Amended] 

282. In § 13.125—

a. In the section heading, after the 

word ‘‘Physical’’ add the words ‘‘and 

medical’’. 

b. In the text, remove the words 

‘‘10.205(d) of this chapter, excluding 

paragraph (d)(2) of that section’’ and 

add, in their place, the words ‘‘10.215 

of this chapter’’. 

§ 13.129 [Amended] 

283. In § 13.129—

a. In the section heading, after the 

word ‘‘tankerman’’, add the word 

‘‘endorsements’’. 

b. In table 13.129, in the column 

‘‘Physical required’’, remove the 

numbers ‘‘13.125’’, ‘‘13.111(b)’’, 

‘‘13.111(c)’’, and ‘‘13.111(d)(3)’’

wherever they appear and add, in their 

place, the number ‘‘10.215’’. 

§ 13.201 [Amended] 

284. In paragraph (c), after the word 

‘‘physical’’ add the words ‘‘and 

medical’’; and remove the words ‘‘in 

accordance with § 13.125’’ and add, in 

their place, the words ‘‘according to 

§ 10.215 of this chapter’’. 


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§ 13.203 [Amended] 

285. In § 13.203—

a. In paragraph (a)(1), after the words 

‘‘service as a’’, remove the word 

‘‘licensed’’; after the words ‘‘deck officer 

or’’, remove the words ‘‘a licensed’’; and 

before the word ‘‘engineering’’, add the 

word ‘‘an’’; 

b. In paragraph (a)(2), remove the 

word ‘‘unlicensed’’ and add, in its 

place, the word ‘‘rating’’; and 

c. In paragraph (c) introductory text, 

after the word ‘‘MMD’’, add the words 

‘‘or MMC’’. 

§ 13.207 [Amended] 

286. In § 13.207 text, remove the 

words ‘‘license or a tankerman 

endorsement’’ and add, in their place, 

the words ‘‘license, tankerman 

endorsement, or officer endorsement on 

an MMC’’. 

§ 13.301 [Amended] 

287. In § 13.301(c), after the word 

‘‘physical’’ add the words ‘‘and 

medical’’; and remove the words ‘‘in 

accordance with § 13.125’’ and add, in 

their place, the words ‘‘according to 

§ 10.215 of this chapter’’. 

§ 13.303 [Amended] 

288. In § 13.303(c) introductory text, 

after the word ‘‘MMD’’ add the words 

‘‘or MMC’’. 

§ 13.307 [Amended] 

289. In § 13.307(a), remove the words 

‘‘license or a tankerman endorsement’’

and add, in their place, the words 

‘‘license, tankerman endorsement on an 

MMD or MMC, or an officer 

endorsement on an MMC’’. 

§ 13.401 [Amended] 

290. In § 13.401(c), after the word 

‘‘physical’’ add the words ‘‘and 

medical’’; and remove the words ‘‘in 

accordance with § 13.125’’ and add, in 

their place, the number ‘‘according to 

§ 10.215 of this chapter’’. 

§ 13.403 [Amended] 

291. In § 13.403(b) introductory text, 

after the word ‘‘MMD’’ add the words 

‘‘or MMC’’. 

§ 13.407 [Amended] 

292. In § 13.407, remove the words 

‘‘for a license or endorsement’’ and add, 

in their place, the words ‘‘to the Coast 

Guard for any other endorsement or 

credential’’. 

§ 13.501 [Amended] 

293. In § 13.501(c), after the word 

‘‘physical’’ add the words ‘‘and 

medical’’; and remove the words ‘‘in 

accordance with § 13.125’’ and add, in 

their place, the words ‘‘according to 

§ 10.215 of this chapter’’. 

§ 13.503 [Amended] 

294. In § 13.503—

a. In paragraph (a)(1), remove the 

words ‘‘a licensed’’ and add, in their 

place, the word ‘‘an’’; and after the 

words ‘‘engineering officer’’, remove the 

word ‘‘of’’ and add, in its place, the 

word ‘‘on’’; 

b. In paragraph (a)(2), remove the 

word ‘‘unlicensed’’ and add, in its 

place, the word ‘‘rating’’; and 

c. In paragraph (b), after the word 

‘‘MMD’’, add the words ‘‘or MMC’’. 

§ 13.505 [Amended] 

295. In § 13.505(a)(2), remove the 

words ‘‘licensed and unlicensed’’ and 

add, in their place, the words ‘‘officer, 

rating, and cadet’’. 

§ 13.507 [Amended] 

296. In § 13.507, remove the words 

‘‘license or tankerman endorsement’’

and add, in their place, the words 

‘‘license, tankerman endorsement, or 

officer endorsement on an MMC’’. 

PART 14—SHIPMENT AND 

DISCHARGE OF MERCHANT 

MARINERS 

297. 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. 

§ 14.205 [Amended] 

298. In § 14.205, after the words 

‘‘every document, certificate,’’ add the 

word ‘‘ credential,’’. 

§ 14.207 [Amended] 

299. In § 14.207(a)(1), after the words 

‘‘specify at least the name, the’’, remove 

the words ‘‘number of the license or 

merchant mariner’s document’’ and add 

the words ‘‘TWIC number (if the 

mariner is required by law to hold a 

TWIC) and license, MMD, or MMC 

number,’’. 

§ 14.307 [Amended] 

300. In § 14.307(a), remove the words 

‘‘and merchant mariner’s document 

number’’ and add, in their place, the 

words ‘‘TWIC number, and MMD or 

MMC number’’. 

PART 15—MANNING REQUIREMENTS 

301. The authority citation for part 15 

is revised to read as follows: 

Authority: 46 U.S.C. 2101, 2103, 3306, 

3703, 8101, 8102, 8104, 8105, 8301, 8304, 

8502, 8503, 8701, 8702, 8901, 8902, 8903, 

8904, 8905(b), 8906, 9102, and 70105; and 

Department of Homeland Security Delegation 

No. 0170.1. 

§ 15.103 [Amended] 

302. In § 15.103—

a. In paragraph (b), remove the words 

‘‘of licensed individuals and members 

of the crew’’ and add, in their place, the 

words ‘‘number of officers and rated 

crew’’; and after the words ‘‘minimum 

qualifications concerning licenses’’, add 

the words ‘‘and MMC endorsements’’; 

b. In paragraph (c), remove the words 

‘‘licensed individuals’’ and add, in their 

place, the word ‘‘officers’’; and 

c. In paragraph (g), remove the words 

‘‘Licensed personnel’’ and add, in their 

place, the word ‘‘Personnel’’; after the 

words ‘‘an appropriate STCW’’, remove 

the words ‘‘certificate or endorsement’’

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] 

303. Remove and reserve subpart B, 

consisting of § 15.301. 

304. Revise § 15.401 to read as 

follows: 

§ 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. All 

mariners holding an active license, 

certificate of registry, MMD, or MMC 

issued by the Coast Guard must also 

hold a valid TWIC issued by the 

Transportation Security Administration 

under 49 CFR part 1572. 

§ 15.405 [Amended] 

305. In § 15.405, remove the words 

‘‘licensed, registered, or certificated’’

and add, in their place, the word 

‘‘credentialed’’. 

§ 15.410 [Amended] 

306. In § 15.410—

a. In the section heading, remove the 

word ‘‘Licensed’’ and add, in its place, 

the word ‘‘Credentialed’’; and 

b. In the text, remove the words ‘‘a 

licensed individual authorized’’ and 

add, in their place, the words ‘‘an 

individual holding a license or MMC 

authorizing them’’. 


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§ 15.415 [Removed and Reserved] 

307. Remove and reserve § 15.415. 

§ 15.515 [Amended] 

308. In § 15.515(b) introductory text, 

remove the words ‘‘issued by the Coast 

Guard’’ and add, in their place, the 

words ‘‘or appropriate officer 

endorsement on their MMC’’. 

§ 15.520 [Amended] 

309. In § 15.520—

a. In paragraph (b), remove the words 

‘‘licensed individuals’’ and add, in their 

place, the word ‘‘officers’’; 

b. In paragraph (c), after the words ‘‘A 

license’’, add the words ‘‘or officer 

endorsement on an MMC’’; and after the 

words ‘‘operation specified on the’’, 

remove the word ‘‘license’’ and add, in 

its place, the word ‘‘credential’’; 

c. In paragraph (d), after the words 

‘‘endorsed as an OIM’’, add the words 

‘‘or an MMC with master and OIM 

officer endorsements’’; 

d. In paragraph (e), after the words 

‘‘who holds a license’’, add the words 

‘‘or MMC officer endorsement’’; and 

after the words ‘‘as master endorsed as 

OIM’’, add the words ‘‘or an MMC with 

master and OIM officer endorsements’’; 

e. In paragraph (f), after the words 

‘‘holds a license or’’ add the words 

‘‘MMC officer’’; 

f. In paragraph (g), after the words 

‘‘appropriate license’’, add the words 

‘‘or MMC officer endorsement’’; and 

after the words ‘‘holding a license or’’, 

add the words ‘‘MMC officer’’; and 

g. In paragraphs (h), (i), and (l), after 

the words ‘‘holding a license or’’

wherever they appear, add the words 

‘‘MMC officer’’. 

§ 15.605 [Amended] 

310. In § 15.605—

a. In the section heading, remove the 

word ‘‘Licensed’’ and add, in its place, 

the word ‘‘Credentialed’’; 

b. In the introductory text, remove the 

word ‘‘licensed’’ and add, in its place, 

the word ‘‘credentialed’’; 

c. In paragraph (a), remove the words 

‘‘, carrying not more than six 

passengers,’’; and after the words 

‘‘holding a license’’, add the words ‘‘or 

MMC endorsed’’; and after the words 

‘‘as operator’’, add the words ‘‘of 

uninspected passenger vessels’’; and 

d. In paragraph (b), remove the word 

‘‘licensed’’ and add, in its place, the 

word ‘‘credentialed’’. 

§ 15.610 [Amended] 

311. In § 15.610—

a. In paragraph (a), after the words 

‘‘and control of a person’’, remove the 

word ‘‘licensed’’ and add, in its place, 

the words ‘‘holding a license or MMC 

officer endorsement’’; and after the 

words ‘‘endorsement on his or her 

license’’, add the words ‘‘or MMC’’; 

b. Remove paragraphs (b) and (c); 

c. Redesignate paragraph (d) as 

paragraph (b); and 

d. In newly redesignated paragraph 

(b) introductory text, remove the words 

‘‘who holds a first-class pilot’s license 

or endorsement for that route, or’’ and 

add, in their place, the words ‘‘meeting 

the requirements of paragraph (a) of this 

section who holds either a first-class 

pilot’s endorsement for that route, MMC 

officer endorsement for the Western 

Rivers, or meets the requirements of 

paragraph (a) and ‘‘; and remove the 

words ‘‘paragraph (d)(1) or paragraph 

(d)(2)’’ and add, in their place, the 

words ‘‘paragraphs (b)(1) or (b)(2)’’. 

§ 15.701 [Amended] 

312. In § 15.701(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’’. 

§ 15.705 [Amended] 

313. In § 15.705—

a. In paragraph (b), remove the words 

‘‘licensed individuals’’ and add, in their 

place, the word ‘‘officers’’; and after the 

words ‘‘deck department other than’’, 

remove the word ‘‘licensed’’; 

b. In paragraph (c) introductory text, 

remove the words ‘‘licensed 

individuals’’ and add, in their place, the 

word ‘‘officers’’; and 

c. In paragraphs (d) and (e)(1) and (2), 

remove the word ‘‘licensed’’ wherever it 

appears. 

§ 15.710 [Amended] 

314. In § 15.710 introductory text, 

after the words ‘‘on the working hours 

of’’, remove the words ‘‘licensed 

individuals’’ and add, in their place, the 

words ‘‘credentialed officers’’; and after 

the words ‘‘master or other’’, remove the 

words ‘‘licensed individual’’ and add, in 

their place, the words ‘‘credentialed 

officer’’. 

§ 15.720 [Amended] 

315. In § 15.720—

a. In the section heading, remove the 

words ‘‘licensed and/or documented’’

and add, in their place, the word 

‘‘credentialed’’; 

b. In paragraph (a), remove the words 

‘‘utilize non-U.S. licensed and 

documented personnel’’ and add, in 

their place, the words ‘‘use non-U.S. 

credentialed personnel without a 

TWIC,’’; 

c. In paragraph (b) introductory text, 

after the words ‘‘8103 (a) and (b)’’ add 

the following words ‘‘and the TWIC 

requirement of 46 U.S.C. 70105’’; and 

after the words ‘‘U.S. citizen’’, add the 

words ‘‘holding a TWIC.’’; and 

d. In paragraph (d), remove the words 

‘‘license or document’’ wherever they 

appear and add, in their place, the word 

‘‘credential’’. 

§ 15.725 [Amended] 

316. In § 15.725, remove the words 

‘‘licensed or documented’’ and add, in 

their place, the word ‘‘credentialed’’. 

§ 15.730 [Amended] 

317. In § 15.730(d), remove the words 

‘‘licensed individuals’’ wherever they 

appear and add, in their place, the word 

‘‘officers’’; and after the words ‘‘spoken 

directly by the’’, remove the words 

‘‘licensed individual’’ and add, in their 

place, the word ‘‘officer’’. 

§ 15.805 [Amended] 

318. In § 15.805—

a. In paragraph (a) introductory text, 

after the words ‘‘license as’’, add the 

words ‘‘or a valid MMC with 

endorsement as master’’; 

b. In paragraph (a)(5) introductory 

text, remove the word ‘‘licensed’’ and 

add, in its place, the words ‘‘holding a 

license or MMC endorsed’’; and 

c. In paragraph (a)(5)(ii), remove the 

word ‘‘endorsed’’ and add, in its place, 

the words ‘‘or MMC with officer 

endorsement’’. 

§ 15.810 [Amended] 

319. In § 15.810—

a. In paragraph (a), remove the word 

‘‘licensed’’; 

b. In paragraph (b) introductory text, 

remove the word ‘‘licensed mates’’ and 

add, in its place, the words ‘‘mariners 

holding a license or MMC officer 

endorsement as mate’’; 

c. In paragraph (b), remove the word 

‘‘licensed’’ wherever it appears; 

d. In paragraph (c), after the words 

‘‘appropriate license’’, add the words 

‘‘or MMC’’; 

e. In paragraph (d) introductory text, 

remove the words ‘‘hold a license’’ and 

add, in their place, the words ‘‘satisfy 

the requirements of § 15.805(a)(5) or 

hold a license or MMC’’; 

f. In paragraph (d)(2) introductory 

text, after the words ‘‘officer’s license’’, 

add the words ‘‘or MMC’’; and 

g. In paragraph (d)(2)(ii), remove the 

word ‘‘endorsed’’ and add, in its place, 

the words ‘‘or MMC with officer 

endorsement’’. 

320. In § 15.812—

a. In table 15.812(e)(1), in the heading 

to the second column, after the words 

‘‘First Class Pilot’s licenses’’, add the 

words ‘‘or MMC officer endorsements’’; 


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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’’; 

and remove the word ‘‘Operator’’

wherever it appears and add, in its 

place, the words ‘‘Master, Mate (Pilot) of 

towing vessels’’; 

c. Revise paragraphs (b), (c), (f)(1) 

introductory text, (f)(1)(i), and (f)(2) 

introductory text to read as follows: 

§ 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 officer 

endorsement, operating within the 

restrictions of his or her credential, may 

serve as pilot on any vessel to which 

this section applies. 

(2) An individual holding a valid 

license or MMC officer endorsement as 

master or mate, employed aboard a 

vessel within the restrictions of his or 

her credential, may serve as pilot on a 

vessel of not more than 1,600 gross tons 

propelled by machinery, described in 

paragraphs (a)(1) and (a)(3) of this 

section, provided he or she: 

(i) Is at least 21 years old; 

(ii) Complies with the currency of 

knowledge provisions of § 11.713 of this 

chapter; and 

(iii) Has completed a minimum of 

four round trips over the route to be 

traversed while in the wheelhouse as 

watchstander or observer. At least one 

of the round trips must be made during 

the hours of darkness if the route is to 

be traversed during darkness. 

(3) An individual holding a valid 

license or MMC officer endorsement as 

master, mate, or operator employed 

aboard a vessel within the restrictions of 

his or her credential, may serve as pilot 

on a tank barge or tank barges totaling 

not more than 10,000 gross tons, 

described in paragraphs (a)(1) and (a)(3) 

of this section, provided he or she: 

(i) Is at least 21 years old; 

(ii) Complies with the currency of 

knowledge provisions of § 11.713 of this 

chapter; 

(iii) Has a current physical 

examination in accordance with the 

provisions of § 11.709 of this chapter; 

(iv) Has at least six-months service in 

the deck department on towing vessels 

engaged in towing operations; and 

(v) Has completed a minimum of 

twelve round trips over the route to be 

traversed, as an observer or under 

instruction in the wheelhouse. At least 

three of the round trips must be made 

during the hours of darkness if the route 

is to be traversed during darkness. 

(c) An individual holding a valid 

license or MMC officer endorsement as 

master, mate, or operator, employed 

aboard a vessel within the restrictions of 

his or her credential, may serve as a 

pilot for a vessel subject to paragraphs 

(a)(1) and (a)(2) of this section, when 

underway on the navigable waters of the 

United States that are not designated 

areas of pilotage waters, provided he or 

she: 

(1) Is at least 21 years old; 

(2) Complies with the currency of 

knowledge provisions of § 11.713 of this 

chapter; and 

(3) Has a current physical 

examination in accordance with the 

provisions of § 11.709 of this chapter. 

* * * * * 

(f) * * * 

(1) When operating from 60°49′ north 

latitude to the Port of Valdez be under 

the direction and control of an 

individual holding a valid license or 

MMC endorsed as pilot who: 

(i) Is operating under the authority of 

a license or MMC; 

* * * * * 

(2) Navigate with either two 

credentialed deck officers on the bridge 

or an individual holding a valid license 

or MMC endorsed as pilot when 

operating south of 60°49′ north latitude 

and in the approaches through 

Hinchinbrook Entrance and in the area 

bounded: 

* * * * * 

321. In § 15.815—

a. In paragraph (a), remove the words 

‘‘licensed deck individuals’’ and add, in 

their place, the words ‘‘deck officers’’; 

and 

b. In paragraph (c), remove the words 

‘‘be licensed’’ and add, in their place, 

the words ‘‘hold a license or MMC 

officer endorsement’’; and after the 

words ‘‘service as master’’, remove the 

words ‘‘, mate, or operator’’ and add, in 

their place, the words ‘‘or mate’’. 

c. Add new paragraphs (d) and (e) to 

read as follows: 

§ 15.815 Radar observers. 

* * * * * 

(d) Each person who is required to 

hold a radar endorsement must have 

their certificate of training readily 

available to demonstrate that the 

endorsement is still valid. 

(e) For this section, readily available 

means that the documentation must be 

provided to the Coast Guard or other 

appropriate federal agency, within 48 

hours. The documentation may be 

provided by the individual or his or her 

company representative electronically, 

by facsimile, or physical copy. 

§ 15.820 [Amended] 

322. In § 15.820—

a. In paragraph (a) introductory text, 

remove the words ‘‘appropriate license’’

and add, in their place, the words 

‘‘MMC or license endorsed’’; and after 

the words ‘‘as chief engineer or’’, 

remove the words ‘‘a license’’ and add, 

in their place, the words ‘‘other 

credential’’; 

b. In paragraph (a)(3), remove the 

words ‘‘a licensed individual’’ and add, 

in their place, the words ‘‘an individual 

with a license or the appropriate MMC 

officer endorsement’’; and 

c. In paragraph (b), remove the words 

‘‘appropriate license’’ and add, in their 

place, the words ‘‘appropriately 

endorsed license or MMC’’. 

§ 15.825 [Amended] 

323. In § 15.825—

a. In paragraph (a), remove the words 

‘‘appropriate license’’ and add, in their 

place, the words ‘‘appropriately 

endorsed license or MMC’’; and 

b. In paragraph (b), remove the word 

‘‘licensed’’ and add, in its place, the 

word ‘‘credentialed’’. 

§ 15.835 [Amended] 

324. In § 15.835 text, remove the 

number ‘‘10’’ and add, in its place, the 

number ‘‘11’’. 

§ 15.840 [Amended] 

325. In § 15.840(a), remove the words 

‘‘licensed individuals’’ and add, in their 

place, the words ‘‘individuals serving as 

officers’’. 

§ 15.860 [Amended] 

326. In § 15.860—

a. In paragraph (a), after the words 

‘‘merchant mariner’s documents’’ add 

the words ‘‘or MMCs’’; 

b. In paragraph (f) introductory text, 

after the words ‘‘merchant mariner’s 

documents’’, add the words ‘‘or MMCs’’; 

c. In paragraph (f)(3), remove the 

words ‘‘licensed person’’ and add, in 

their place, the words ‘‘credentialed 

officer’’; 

d. In paragraph (f)(4), remove the 

words ‘‘licensed or unlicensed person’’

and add, in their place, the words 

‘‘officer or crewmember’’; and 

e. In table 15.860(a)(2), in the first 

column, sixth row, remove the words 

‘‘Licensed Person’’ and add, in their 

place, the words ‘‘Credentialed Officer’’; 

and in the first column, seventh row, 

remove the words ‘‘Licensed or 

Unlicensed Person’’ and add, in their 

place, the words ‘‘Credentialed Officer 

or Crewmember’’. 

§ 15.901 [Amended] 

327. In § 15.901, paragraphs (a), (b), 

(c), and (d), after the words ‘‘holding a 


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license’’ wherever they appear, add the 

words ‘‘or MMC endorsed’’; after the 

words ‘‘on the individual’s license’’

wherever they appear, add the words 

‘‘or MMC’’; and remove the words 

‘‘authorizing service’’ wherever they 

appear. 

§ 15.905 [Amended] 

328. In § 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’’. 

329. Revise § 15.910 to read as 

follows: 

§ 15.910 Towing vessels. 

No person may serve as a master or 

mate (pilot) of any towing vessel 

without meeting the requirements of 

§§ 15.805(a)(5) or 15.810(d). 

§ 15.915 [Amended] 

330. In § 15.915—

a. 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 

b. In paragraphs (a) introductory text, 

(b), (c), and (d), after the word ‘‘license’’

wherever it appears, add the words ‘‘or 

endorsement’’. 

§ 15.1001 [Amended] 

331. In § 15.1001 remove the words 

‘‘an appropriately endorsed Federal first 

class pilot’s license issued by the Coast 

Guard’’ and add, in their place, the 

words ‘‘a valid MMC or license with 

appropriate endorsement as a first-class 

pilot’’. 

§ 15.1103 [Amended] 

332. In § 15.1103—

a. In the section heading, remove the 

words ‘‘restrictions of a license, 

document, and’’ and add, in their place, 

the words ‘‘the restrictions of an’’; 

b. In paragraph (c), remove the words 

‘‘After January 31, 2002, on’’ and add, 

in their place, the word ‘‘On’’; 

c. In paragraph (d), remove the words 

‘‘§ 10.1005 (if licensed) or § 12.30–5 (if 

unlicensed) of this chapter’’ and add, in 

their place, the words ‘‘§§ 11.1005 or 

12.30–5 of this chapter, as 

appropriate,’’; 

d. In paragraph (e) introductory text, 

remove the words ‘‘§ 10.1105 (if 

licensed) or § 12.35–5 (if unlicensed) of 

this chapter’’ and add, in their place, the 

words ‘‘§§ 11.1005 or 12.35–5 of this 

chapter, as appropriate,’’; 

e. In paragraph (f), remove the words 

‘‘After January 31, 2002, on’’ and add, 

in their place, the word ‘‘On’’; and after 

the words ‘‘appropriate certificate’’, add 

the words ‘‘or endorsement’’; and 

f. In paragraph (h), remove the words 

‘‘After January 31, 2002, on’’ and add, 

in their place, the word ‘‘On’’; and 

remove the words ‘‘in accordance with 

§ 10.205 or § 10.209’’ and add, in their 

place, the words ‘‘according to §§ 11.205 

or 11.209’’. 

§ 15.1105 [Amended] 

333. In § 15.1105(a) introductory text, 

(b), and (c) introductory text, remove the 

words ‘‘After January 31, 1997, on’’

wherever they appear and add, in their 

place, the word ‘‘On’’. 

§ 15.1107 [Amended] 

335. In § 15.1107—

a. In the introductory text, after the 

words ‘‘mariner holding a license’’, add 

the words ‘‘, MMC,’’; and 

b. In paragraph (c), remove the words 

‘‘licenses, documents, or endorsements’’

and add, in their place, the word 

‘‘credentials’’. 

§ 15.1111 [Amended] 

334. In § 15.1111, paragraph (a), 

remove the words ‘‘After January 31, 

1997, each’’ and add, in their place, the 

word ‘‘Each’’. 

PART 16—CHEMICAL TESTING 

335. 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. 

336. In § 16.105, add, in alphabetical 

order, a definition for ‘‘credential’’ and 

in the definition for ‘‘crewmember’’, 

redesignate paragraphs (a), (b), (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 the introductory 

text and newly redesignated paragraphs 

(1) and (2) introductory text to read as 

follows: 

§ 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: 

* * * * * 

§ 16.113 [Amended] 

337. In § 16.113(a), remove the words 

‘‘documented and licensed’’ and add, in 

their place, the word ‘‘credentialed’’. 

§ 16.201 [Amended] 

338. In § 16.201—

a. In paragraph (c), after the words ‘‘If 

an individual holding’’, remove the 

words ‘‘a license, certificate of registry, 

or merchant mariner’s document’’ and 

add, in their place, the words ‘‘a 

credential’’; and, after the words 

‘‘against his or her’’, remove the words 

‘‘license, certificate of registry, or 

merchant mariner’s document’’ and add, 

in their place, the word ‘‘credential’’; 

and 

b. In paragraph (d), remove the words 

‘‘a license, certificate of registry, or 

merchant mariner’s document’’ and add, 

in their place, the words ‘‘a credential’’. 

339. Revise § 16.220(a) and (b) to read 

as follows: 

§ 16.220 Periodic testing requirements. 

(a) Except as provided by paragraph 

(c) of this section and § 10.227(e) of this 

chapter, an applicant must pass a 

chemical test for dangerous drugs for—

(1) An original issuance of a license, 

COR, MMD, or MMC; 

(2) The first issuance, raise of grade, 

or renewal of an officer endorsement on 

a merchant mariner credential; 

(3) A raise of grade of a license or 

COR; 

(4) The first endorsement as an able 

seaman, lifeboatman, qualified member 

of the engine department, or tankerman; 

or 

(5) A reissuance of a credential with 

a new expiration date. The applicant 

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) if the applicant submitted passing 

results of a chemical test for dangerous 


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drugs to the Coast Guard within 12 

months of the date of application. 

* * * * * 

§ 16.230 [Amended] 

340. In § 16.230—

a. In paragraph (b)(1), remove the 

words ‘‘issued by the Coast Guard hold 

a license’’ and add, in their place the 

words ‘‘hold a license or MMC endorsed 

as master, mate, or operator’’; and 

b. In paragraph (k), remove the words 

‘‘license or merchant mariner’s 

document’’ and add, in their place, the 

word ‘‘credential’’. 

§ 16.250 [Amended] 

341. In § 16.250, in paragraph (a), 

remove the words ‘‘license, certificate of 

registry, or merchant mariner’s 

document’’ and add, in their place, the 

word ‘‘credential’’. 

PART 26—OPERATIONS 

342. 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—[Amended] 

343. In the heading to subpart 26.20, 

remove the word ‘‘License’’ and add, in 

its place, the word ‘‘Credential’’. 

§ 26.20–1 [Amended] 

344. In § 26.20–1, after the words 

‘‘valid Coast Guard license’’ add the 

words ‘‘or MMC officer endorsement’’; 

and after the words ‘‘must have the 

license’’ add the words ‘‘or MMC’’. 

PART 28—REQUIREMENTS FOR 

COMMERCIAL FISHING INDUSTRY 

VESSELS 

345. The authority citation for part 28 

continues to read as follows: 

Authority: 46 U.S.C. 3316, 4502, 4505, 

4506, 6104, 10603; Department of Homeland 

Security Delegation No. 0170.1. 

§ 28.275 [Amended] 

346. In § 28.275—

a. In paragraph (a)(2) introductory 

text, remove the words ‘‘merchant 

mariner’s license’’ and add, in their 

place, the words ‘‘license or officer 

endorsement’’; and remove the words 

‘‘64 CFR’’ and add, in their place, the 

text ‘‘§ ’’; and 

b. In paragraph (a)(3) introductory 

text, remove the words ‘‘merchant 

mariner’s license’’ and add, in their 

place, the words ‘‘license or officer 

endorsement’’; and remove the words 

‘‘46 CFR’’ and add, in their place, the 

text ‘‘§ ’’. 

PART 30—GENERAL PROVISIONS 

347. The authority citation for part 30 

continues to read as follows: 

Authority: 46 U.S.C. 2103, 3306, 3703; 

Pub. L. 103–206, 107 Stat. 2439; 49 U.S.C. 

5103, 5106; Department of Homeland 

Security Delegation No. 0170.1; Section 

30.01–2 also issued under the authority of 44 

U.S.C. 3507; Section 30.01–05 also issued 

under the authority of Sec. 4109, Pub. L. 

101–380, 104 Stat. 515. 

§ 30.10–71 [Amended] 

348. In § 30.10–71 introductory text, 

remove the words ‘‘merchant mariners’

documents’’ and add, in their place, the 

word ‘‘endorsements’’. 

PART 31—INSPECTION AND 

CERTIFICATION 

349. The authority citation for part 31 

continues to read as follows: 

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 

2103, 3205, 3306, 3307, 3703; 46 U.S.C. 

Chapter 701; 49 U.S.C. 5103, 5106; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 

Comp., p. 351; Department of Homeland 

Security Delegation No. 0170.1. Section 

31.10–21 also issued under the authority of 

Sect. 4109, Pub. L. 101–380, 104 Stat. 515. 

§ 31.15–1 [Amended] 

350. In § 31.15–1, in the section 

heading, remove the words ‘‘Licensed 

officers’’ and add, in their place, the 

word ‘‘Officers’’. 

PART 35—OPERATIONS 

351. The authority citation for part 35 

continues to read as follows: 

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 

3306, 3703, 6101; 49 U.S.C. 5103, 5106; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 

Comp., p. 351; Department of Homeland 

Security Delegation No. 0170.1. 

§ 35.05–1 [Amended] 

352. In § 35.05–1—

a. In the section heading, remove the 

words ‘‘Licensed officers’’ and add, in 

their place, the word ‘‘Officers’’; and 

b. In the text, remove the words 

‘‘licensed’’ and ‘‘certificated’’ wherever 

they appear. 

PART 42—DOMESTIC AND FOREIGN 

VOYAGES BY SEA 

353. 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. 

354. Add new § 42.05–70 to read as 

follows: 

§ 42.05–70 Credential. 

As used in this subchapter, credential 

means any or all of the following: 

(a) Merchant mariner’s document. 

(b) Merchant mariner’s license. 

(c) STCW endorsement. 

(d) Certificate of registry. 

(e) Merchant mariner credential. 

§ 42.07–50—[Amended] 

355. In § 42.07–50(b)(5), remove the 

words ‘‘license or merchant mariner’s 

document’’ and add, in their place, the 

word ‘‘credential’’. 

PART 58—MAIN AND AUXILIARY 

MACHINERY AND RELATED SYSTEMS 

356. The authority citation for part 58 

continues to read as follows: 

Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 

3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 

Comp., p. 277; Department of Homeland 

Security Delegation No. 0170.1. 

§ 58.16–19—[Amended] 

357. In § 58.16–19(b), remove the 

word ‘‘licensed’’ and add, in its place, 

the word ‘‘credentialed’’. 

PART 61—PERIODIC TESTS AND 

INSPECTIONS 

358. The authority citation for part 61 

continues to read as follows: 

Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 

3306, 3307, 3703; E.O. 12234, 45 FR 58801, 

3 CFR 1980 Comp., p. 277; Department of 

Homeland Security Delegation No. 0170.1. 

§ 61.15–10 [Amended] 

359. In § 61.15–10(a), remove the 

words ‘‘a licensed’’ and add, in their 

place, the words ‘‘an appropriately 

credentialed’’. 

PART 78—OPERATIONS 

360. 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] 

361. In the heading to subpart 78.65, 

remove the word ‘‘License’’ and add, in 

its place, the words ‘‘Merchant Mariner 

Credential’’; 

362. Revise § 78.65–1 to read as 

follows: 

§ 78.65–1 Officers. 

All officers on a vessel must have 

their merchant mariner credentials 

conspicuously displayed. 


ycherry on PROD1PC64 with PROPOSALS2
Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Proposed Rules 3693 

PART 97—OPERATIONS 

363. 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—[Amended] 

364. In the heading to subpart 97.53, 

remove the word ‘‘License’’ and add, in 

its place, the words ‘‘Merchant Mariner 

Credential’’; 

365. Revise § 97.53–1 to read as 

follows: 

§ 97.53–1 Officers. 

All officers on a vessel must have 

their merchant mariner credentials 

conspicuously displayed. 

PART 98—SPECIAL CONSTRUCTION, 

ARRANGEMENT, AND OTHER 

PROVISIONS FOR CERTAIN 

DANGEROUS CARGOES IN BULK 

366. The authority citation for part 98 

continues to read as follows: 

Authority: 33 U.S.C. 1903; 46 U.S.C. 3306, 

3307, 3703; 49 U.S.C. App. 1804; E.O. 12234, 

45 FR 58801, 3 CFR, 1980 Comp., p. 277; 

Department of Homeland Security Delegation 

No. 0170.1. 

§ 98.30–17 [Amended] 

367. In § 98.30–17—

a. In paragraph (b)(1), before the 

words ‘‘merchant mariner’s document’’, 

add the words ‘‘endorsement on his or 

her merchant mariner credential or’’; 

and 

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 

368. The authority citation for part 

105 continues to read as follows: 

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 

3306, 3703, 4502; 49 U.S.C. App. 1804; E.O. 

11735, 38 FR 21243, 3 CFR, 1971–1975 

Comp., p. 793; Department of Homeland 

Security Delegation No. 0170.1. 

§ 105.05–10 [Amended] 

369. In § 105.05–10(c)(2), remove the 

word ‘‘licensed’’. 

§ 105.45–1 [Amended] 

370. In § 105.45–1—

a. In paragraph (a)(1), remove the 

word ‘‘documents’’ and add, in its 

place, the words ‘‘merchant mariner 

credentials or merchant mariner’s 

documents’’; 

b. In paragraph (b)(1), before the 

words ‘‘merchant mariner’s document’’, 

add the words ‘‘merchant mariner 

credential or’’; and 

c. In paragraph (b)(2), after the word 

‘‘license’’, add the words ‘‘or merchant 

mariner credential’’. 

PART 114—GENERAL PROVISIONS 

371. The authority citation for part 

114 continues to read as follows: 

Authority: 46 U.S.C. 2103, 3306, 3703; 

Pub. L. 103–206, 107 Stat. 2439; 49 U.S.C. 

App. 1804; Department of Homeland 

Security No. 0170.1; § 114.900 also issued 

under 44 U.S.C. 3507. 

§ 114.400 [Amended] 

372. In § 114.400(b), in the definition 

for ‘‘Master’’, after the word ‘‘license’’, 

add the words ‘‘or merchant mariner 

credential’’. 

PART 115—INSPECTION AND 

CERTIFICATION 

373. The authority citation for part 

115 is revised to read as follows: 

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 

2103, 3205, 3306, 3307; 49 U.S.C. App. 1804; 

E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 

Comp., p. 743; E.O. 12234, 45 FR 58801, 3 

CFR, 1980 Comp., p. 277; Department of 

Homeland Security Delegation No. 0170.1. 

§ 115.113 [Amended] 

374. In § 115.113(b)(1)(iii), remove the 

word ‘‘licensed’’ and add, in its place, 

the word ‘‘credentialed’’. 

PART 122—OPERATIONS 

375. The authority citation for part 

122 continues to read as follows: 

Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; Department of Homeland Security 

Delegation No. 0170.1. 

§ 122.402 [Amended] 

376. In § 122.402—

a. In the section heading, remove the 

word ‘‘Licenses’’ and add, in its place, 

the word ‘‘Officers’’; and 

b. In the text, remove the words 

‘‘licensed individual’’ and add, in their 

place, the word ‘‘officer’’; and remove 

the words ‘‘shall have his or her 

‘‘license’’ and add, in their place, the 

words ‘‘must have his or her license or 

merchant mariner credential’’. 

§ 122.910 [Amended] 

377. In § 122.910, 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 

378. 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. 

379. In § 125.160 add, in alphabetical 

order, a definition for the term 

‘‘credential’’ to read as follows: 

§ 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 

380. 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. 

§ 131.410 [Amended] 

381. In § 131.410, before the words 

‘‘merchant mariner’s document’’

wherever they appear, add the words 

‘‘merchant mariner credential or’’. 

§ 131.905 [Amended] 

382. In § 131.905(b), after the words 

‘‘the suspension or revocation of’’ add 

the words ‘‘credentials’’. 

383. Revise § 131.955 to read as 

follows:—

§ 131.955 Display of merchant mariner 

credential. 

Each officer on a vessel must 

conspicuously display his or her license 

or merchant mariner credential as 

required by 46 U.S.C. 7110. 

PART 151—BARGES CARRYING BULK 

LIQUID HAZARDOUS MATERIAL 

CARGOES 

384. The authority citation for part 

151 continues to read as follows: 

Authority: 33 U.S.C. 1903; 46 U.S.C. 3703; 

Department of Homeland Security Delegation 

No. 0170.1. 

§ 151.03–53 [Amended] 

385. In § 151.03–53 introductory text, 

before the words ‘‘merchant mariner’s 

documents’’, add the words ‘‘merchant 

mariner credentials or’’. 


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3694 Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Proposed Rules 

PART 166—DESIGNATION AND 

APPROVAL OF NAUTICAL SCHOOL 

SHIPS 

386. 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. 

§ 166.01 [Amended] 

387. In § 166.01(a), before the words 

‘‘or merchant mariner’s documents’’ add 

the words ‘‘on merchant mariner 

credentials’’. 

PART 169—SAILING SCHOOL 

VESSELS 

388. The authority citation for part 

169 continues to read as follows: 

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 

3306, 6101; Pub. L. 103–206, 107 Stat. 2439; 

E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 

Comp., p. 793; Department of Homeland 

Security Delegation No. 0170.1; § 169.117 

also issued under the authority of 44 U.S.C. 

3507. 

§ 169.107 [Amended] 

389. In § 169.107, in the definition for 

‘‘Master’’, remove the word ‘‘licensed’’

and add, in its place, the word 

‘‘credentialed’’. 

§ 169.805 [Amended] 

390. In § 169.805—

a. In the section heading, remove the 

word ‘‘licenses’’ and add, in its place, 

the words ‘‘merchant mariner 

credentials’’; and 

b. In the text, remove the words 

‘‘Licensed personnel’’ and add, in their 

place, the word ‘‘Officers’’; and 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 

391. The authority citation for part 

175 continues to read as follows: 

Authority: 46 U.S.C. 2103, 3205, 3306, 

3703; Pub. L. 103–206, 107 Stat. 2439; 49 

U.S.C. App. 1804; Department of Homeland 

Security Delegation No. 0170.1; 175.900 also 

issued under authority of 44 U.S.C. 3507. 

§ 175.118 [Amended] 

392. In § 175.118(c)(3), after the words 

‘‘All officers must be’’, remove the word 

‘‘licensed’’ and add, in its place, the 

word ‘‘endorsed’’; remove the words 

‘‘licensed engineer’’ and add, in their 

place, the words ‘‘an appropriately 

endorsed engineer officer’’; before the 

words ‘‘merchant mariner documents’’, 

add the words ‘‘merchant mariner 

credentials or’’; and remove the words 

‘‘unlicensed deck crew must be rated 

as’’ and add, in their place, the words 

‘‘rated deck crew must be’’. 

§ 175.400 [Amended] 

393. In § 175.400, in the definition for 

‘‘Master’’, remove the word ‘‘license’’

and add, in its place, the words 

‘‘merchant mariner credential’’. 

PART 176—INSPECTION AND 

CERTIFICATION 

394. 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. 

§ 176.113 [Amended] 

395. In § 176.113(b)(1)(iii), remove the 

word ‘‘licensed’’. 

PART 185—OPERATIONS 

396. 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. 

397. Revise § 185.402 to read as 

follows: 

§ 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. 

§ 185.910 [Amended] 

398. In § 185.910, after the words 

‘‘individual holding a’’, add the words 

‘‘merchant mariner credential,’’; and 

after the words ‘‘suspension or 

revocation of a’’, add the words 

‘‘merchant mariner credential’’. 

PART 196—OPERATIONS 

399. 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—[Amended] 

400. In the heading to subpart 196.53, 

remove the word ‘‘License’’ and add, in 

its place, the word ‘‘Credential’’. 

401. Revise § 196.53–1 to read as 

follows: 

§ 196.53–1 Officers. 

All officers on a vessel must have 

their licenses or merchant mariner 

credentials conspicuously displayed. 

PART 199—LIFESAVING SYSTEMS 

FOR CERTAIN INSPECTED VESSELS 

402. 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. 

§ 199.30 [Amended] 

403. In § 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 

404. 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. 

405. In § 401.110—

a. In paragraph (a)(8), after the word 

‘‘license’’, add the words ‘‘or merchant 

mariner credential’’; and 

b. In paragraph (a)(12), after the words 

‘‘who holds a license’’, add the words 

‘‘or merchant mariner credential 

endorsed’’. 

c. Add a new paragraph (a)(17) to read 

as follows: 

§ 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. 

§ 401.210 [Amended] 

406. In § 401.210—

a. In paragraph(a)(1), after the words 

‘‘individual holds a’’, remove the word 

‘‘license’’ and add, in its place, the 

words ‘‘MMC endorsed’’. 

b. In paragraph (a)(6), after the words 

‘‘Coast Guard’’, add the words ‘‘or a 

valid Transportation Worker 

Identification Credential’’. 

§ 401.220 [Amended] 

407. In § 401.220(d), remove the word 

‘‘license’’ and add, in its place, the word 

‘‘endorsement’’. 


ycherry on PROD1PC64 with PROPOSALS2
Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Proposed Rules 3695 

§ 401.230 [Amended] 

408. In § 401.230(a), remove the word 

‘‘license’’ and add, in its place, the word 

‘‘endorsement’’. 

§ 401.250 [Amended] 

409. In § 401.250(d), after the words 

‘‘whenever his or her license’’, add the 

words ‘‘or MMC officer endorsement’’; 

after the words ‘‘simultaneously with 

his or her license’’, add the words ‘‘and/ 

or MMC’’; after the words ‘‘If the 

license’’, add the words ‘‘or officer 

endorsement’’; and after the words 

‘‘with the suspended license’’, add the 

words ‘‘or officer endorsement’’. 

PART 402—GREAT LAKES PILOTAGE 

RULES AND ORDERS 

410. 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). 

§ 402.220 [Amended] 

411. In § 402.220(a)(1), (a)(2), and 

(a)(3), remove the word ‘‘license’’

wherever it appears and add, in its 

place, the word ‘‘endorsement’’. 

Dated: December 29, 2006. 

Brian M. Salerno, 

Rear Admiral, U.S. Coast Guard, Assistant 

Commandant for Prevention, Acting. 

[FR Doc. 07–18 Filed 1–24–07; 8:45 am] 

BILLING CODE 4910–15–P 


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