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



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

[[Page 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)

[[Page 3606]]

    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 8\1/2\ inches by 11 inches, suitable for copying and 
electronic filing. If you submit them by mail and would like the Coast 
Guard to acknowledge receipt, please enclose a stamped, self-addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period. We may change this proposed rule in 
view of them.
    Viewing comments and documents: To view comments, as well as 
documents mentioned in this preamble as being available in the docket, 
go to 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,

[[Page 3607]]

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

    <bullet> 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.
    <bullet> Phases in the MMC over a period of five years to begin 
approximately August 2008.
    <bullet> Transfers the security and identity vetting portion of the 
merchant mariner credentialing process entirely to TSA.

[[Page 3608]]

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

Fees

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

Application Process

    <bullet> Requires an applicant to apply for a TWIC before they can 
apply for an MMC, but the applications may be processed simultaneously.
    <bullet> Requires that an applicant must hold a TWIC before an MMC 
will be issued.
    <bullet> 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

    <bullet> 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.
    <bullet> Allows mariners to apply for an MMC entirely by mail 
unless an examination is required.
    <bullet> Allows oaths to be taken by a notary and submitted by 
mail.
    <bullet> Creates the ability for the Coast Guard to designate other 
facilities, in addition to RECs, to provide MMC services to applicants.

Citizenship

    <bullet> 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

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

Medical and Physical Requirements

    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> Clarifies the requirements for demonstrations of physical 
ability.
    <bullet> Clarifies the STCW physical requirements for those 
mariners who would serve on vessels to which STCW applies.
    <bullet> 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.
    <bullet> Adds specifics about the hearing tests to provide 
information for medical professionals and applicants.
    <bullet> 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.
    <bullet> 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

    <bullet> 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

    <bullet> 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

    <bullet> Requires proof that a mariner holds a valid TWIC before a 
duplicate MMC will be issued.
    <bullet> 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

    <bullet> Removes the 1 year limitation on renewals.
    <bullet> 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

    <bullet> 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.
    <bullet> 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.
    <bullet> Advises that the Coast Guard will not review TSA decisions 
to deny or revoke a TWIC.

V. Discussion of Comments and Changes

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

A. Comments From the Docket or Public Meetings

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

[[Page 3609]]

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

[[Page 3610]]

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

[[Page 3611]]

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

[[Page 3612]]

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

[[Page 3613]]

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

[[Page 3614]]

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.

[[Page 3615]]

    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

[[Page 3616]]

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

[[Page 3617]]

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.

[[Page 3618]]

    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 non-laminated 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

[[Page 3619]]

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 entry-level, serving on vessels to which STCW applies, other 
than those listed above''. This conforms to the exception for non-STCW 
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 performance-based 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.

[[Page 3620]]

    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 land-based 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

[[Page 3621]]

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

[[Page 3622]]

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, non-significant 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

[[Page 3623]]

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.

[[Page 3624]]

    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

[[Page 3625]]

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

[[Page 3626]]

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

[[Page 3627]]

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

[[Page 3628]]

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

[[Page 3629]]

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

[[Page 3630]]

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

[[Page 3631]]

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.

[[Page 3632]]

    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

[[Page 3633]]

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 Sec.  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

[[Page 3634]]

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

[[Page 3635]]

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

[[Page 3636]]

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

[[Page 3637]]

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

[[Page 3638]]

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

[[Page 3639]]

(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

[[Page 3640]]

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.

[[Page 3641]]

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.

[[Page 3642]]

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.


Sec.  1.08-5  [Amended]

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


Sec.  1.25-1  [Amended]

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

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

    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 Sec.  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:


Sec.  20.102  Definitions.

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


Sec.  20.904  [Amended]

    6. In Sec.  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

[[Page 3643]]

``license, certificate, or document'' and add, in their place the words 
``merchant mariner credential with appropriate endorsement''.


Sec.  20.1201  [Amended]

    7. In Sec.  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,''.


Sec.  20.1202  [Amended]

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


Sec.  20.1205  [Amended]

    9. In Sec.  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,''.


Sec.  20.1307  [Amended]

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

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

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

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


Sec.  70.05-10  [Amended]

    12. In Sec.  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.


Sec.  95.015  [Amended]

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


Sec.  95.045  [Amended]

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

PART 101--MARITIME SECURITY: GENERAL

    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 Sec.  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:


Sec.  101.105  Definitions.

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

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.


Sec.  110.186  [Amended]

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


Sec.  110.188  [Amended]

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


Sec.  110.214  [Amended]

    21. In Sec.  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) .


Sec.  141.5  [Amended]

    23. In Sec.  141.5(b)(1) remove the words ``licensed officers, and 
unlicensed crew'' and add, in their place, the words ``crew, and 
officers holding a valid license or MMC with officer endorsement''.
    24. In Sec.  141.10, add a definition for the term ``Transportation 
Worker Identification Credential or TWIC'', in alphabetical order, to 
read as follows:


Sec.  141.10  Definitions.

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


Sec.  141.25  [Amended]

    25. In Sec.  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''.


Sec.  141.30  [Amended]

    26. In Sec.  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:


Sec.  141.30  Evidence of status as a resident alien.

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


Sec.  141.35  [Amended]

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

[[Page 3644]]

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 Sec.  155.110 to read as follows:


Sec.  155.110  Definitions.

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


Sec.  155.710  [Amended]

    30. In Sec.  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,''.


Sec.  155.815  [Amended]

    31. In Sec.  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.


Sec.  156.210  [Amended]

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

PART 160--PORTS AND WATERWAYS SAFETY--GENERAL

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

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


Sec.  160.113  [Amended]

    35. In Sec.  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 Sec.  162.5 to read as follows:


Sec.  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.


Sec.  162.130  [Amended]

    38. In Sec.  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).


Sec.  163.01  [Amended]

    40. In Sec.  163.01(b), after the word ``license'', add the words 
``or merchant mariner credential''.
    41. Add a new Sec.  163.03 to read as follows:


Sec.  163.03  Definitions.

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

PART 164--NAVIGATION SAFETY REGULATIONS

    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.


Sec.  164.13  [Amended]

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


Sec.  164.70  Definitions.

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

[[Page 3645]]

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 Sec.  165.3 to read as follows:


Sec.  165.3  Definitions.

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


Sec.  165.120  [Amended]

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


Sec.  165.153  [Amended]

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


Sec.  165.810  [Amended]

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


Sec.  165.1310  [Amended]

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

46 CFR Chapter I

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

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

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

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


Sec.  1.01-05  Definitions.

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


Sec.  1.01-10  [Amended]

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


Sec.  1.01-15  [Amended]

    54. In Sec.  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''.


Sec.  1.01-25  [Amended]

    55. In Sec.  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 Sec.  4.03-75 to read as follows:


Sec.  4.03-75  Merchant mariner credential and credential.

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


Sec.  4.07-1  [Amended]

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


Sec.  4.07-10  [Amended]

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

PART 5--MARINE INVESTIGATION REGULATIONS--PERSONNEL ACTION

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

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


Sec.  5.3  [Amended]

    61. In Sec.  5.3 text, remove the words ``licenses, certificates or 
documents''

[[Page 3646]]

and add, in their place, the words ``credentials or endorsements''.


Sec.  5.5  [Amended]

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


Sec.  5.19  [Amended]

    63. In Sec.  5.19(b), remove the words ``license, certificate or 
document'' and add, in their place, the words ``credential or 
endorsement''.
    64. Add a new Sec.  5.40 to read as follows:


Sec.  5.40  Credential and merchant mariner credential.

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


Sec.  5.55  [Amended]

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


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

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


Sec.  5.59  [Amended]

    67. In Sec.  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''.


Sec.  5.61  [Amended]

    68. In Sec.  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''.


Sec.  5.101  [Amended]

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


Sec.  5.105  [Amended]

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

Subpart E--[Amended]

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


Sec.  5.201  [Amended]

    72. In Sec.  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''.


Sec.  5.203  [Amended]

    73. In Sec.  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''.


Sec.  5.205  [Amended]

    74. In Sec.  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''.


Sec.  5.501  [Amended]

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


Sec.  5.521  [Amended]

    76. In Sec.  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''.


Sec.  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''.


Sec.  5.707  [Amended]

    78. In Sec.  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

[[Page 3647]]

    f. In paragraph (f), remove the word ``documents'' and add, in its 
place, the word ``credential''.


Sec.  5.713  [Amended]

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


Sec.  5.715  [Amended]

    80. In Sec.  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''.


Sec.  5.901  [Amended]

    82. In Sec.  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''.


Sec.  5.903  [Amended]

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


Sec.  5.905  [Amended]

    84. In Sec.  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 Sec. Sec.  10.101 through 
10.1105, as part 11, Sec. Sec.  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


Sec.  10.101  Purpose of rules in this part.

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


Sec.  10.103  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, it is available for inspection 
at the Coast Guard, Office of Operating and Environmental Standards 
(CG-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 
Sec. Sec.  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 
Sec. Sec.  10.107, 10.109, 10.209, 10.215, and 10.277.


Sec.  10.105   Paperwork approval. [Reserved]


Sec.  10.107  Definitions in subchapter B.

    (a) With respect to part 16 and Sec.  15.1101 of this title only, 
if the definitions in paragraph (b) of this section differ from those 
set forth in either Sec.  16.105 or Sec.  15.1101, the definition set 
forth in either Sec.  16.105 or Sec.  15.1101, as appropriate, applies.
    (b) As used in this subchapter, the following terms apply only to 
merchant marine personnel credentialing and the manning of vessels 
subject to the manning provisions in the navigation and shipping laws 
of the United States:

[[Page 3648]]

    Apprentice mate (steersman) of towing vessels means a mariner 
qualified to perform watchkeeping on the bridge, while in training 
onboard a towing vessel under the direct supervision and in the 
presence of a master or mate (pilot) of towing vessels.
    Approved means approved by the Coast Guard according to Sec.  
11.302 of this chapter.
    Approved training means training that is approved by the Coast 
Guard or meets the requirements of Sec.  11.309 of this chapter.
    Assistance towing means towing a disabled vessel for consideration.
    Assistant engineer means a qualified officer in the engine 
department.
    Authorized official includes, but is not limited to, a Federal, 
State or local law enforcement officer.
    Ballast control operator or BCO means an officer restricted to 
service on mobile offshore drilling units (MODUs) whose duties involve 
the operation of the complex ballast system found on many MODUs. When 
assigned to a MODU, a ballast control operator is equivalent to a mate 
on a conventional vessel.
    Barge supervisor or BS means an officer restricted to service on 
MODUs whose duties involve support to the offshore installation manager 
(OIM) in marine-related matters including, but not limited to, 
maintaining watertight integrity, inspecting and maintaining mooring 
and towing components, and maintaining emergency and other marine-
related equipment. A barge supervisor, when assigned to a MODU, is 
equivalent to a mate on a conventional vessel.
    Boatswain means the leading seaman and immediate supervisor of deck 
crew who supervises the maintenance of deck gear.
    Cargo engineer means a person holding an officer endorsement on a 
dangerous-liquid tankship or a liquefied-gas tankship whose primary 
responsibility is maintaining the cargo system and cargo-handling 
equipment.
    Chief engineer means any person responsible for the mechanical 
propulsion of a vessel and who is the holder of a valid officer 
endorsement as chief engineer.
    Chief mate means the deck officer next in seniority to the master 
and upon whom the command of the vessel will fall in the event of 
incapacity of the master.
    Coast Guard-accepted means that the Coast Guard has officially 
acknowledged in writing that the material or process at issue meets the 
applicable requirements; that the Coast Guard has issued an official 
policy statement listing or describing the material or process as 
meeting the applicable requirements; or that an entity acting on behalf 
of the Coast Guard under a Memorandum of Agreement has determined that 
the material or process meets the applicable requirements.
    Coastwise seagoing vessel means a vessel that is authorized by its 
Certificate of Inspection to proceed beyond the Boundary Line 
established in part 7 of this chapter.
    Competent person as used in part 13 only, means a person designated 
as such under 29 CFR 1915.7.
    Conviction means that the applicant for a merchant mariner 
credential has been found guilty, by judgment or plea by a court of 
record of the United States, the District of Columbia, any State, 
territory, or possession of the United States, a foreign country, or 
any military court, of a criminal felony or misdemeanor or of an 
offense described in section 205 of the National Driver Register Act of 
1982, as amended (49 U.S.C. 30304). If an applicant pleads guilty or no 
contest, is granted deferred adjudication, or is required by the court 
to attend classes, make contributions of time or money, receive 
treatment, submit to any manner of probation or supervision, or forgo 
appeal of a trial court's conviction, then the Coast Guard will 
consider the applicant to have received a conviction. A later 
expungement of the conviction will not negate a conviction unless the 
Coast Guard is satisfied that the expungement is based upon a showing 
that the court's earlier conviction was in error.
    Credential means any or all of the following:
    (1) Merchant mariner's document.
    (2) Merchant mariner's license.
    (3) STCW endorsement.
    (4) Certificate of registry.
    (5) Merchant mariner credential.
    Criminal record review means the process or action taken by the 
Coast Guard to determine whether an applicant for, or holder of, a 
credential is a safe and suitable person to be issued such a credential 
or to be employed on a vessel under the authority of such a credential.
    Dangerous drug means a narcotic drug, a controlled substance, or a 
controlled-substance analogue (as defined in section 102 of the 
Comprehensive Drug Abuse and Control Act of 1970 (21 U.S.C. 802)).
    Dangerous liquid or DL means a liquid listed in 46 CFR 153.40 of 
this chapter that is not a liquefied gas as defined in this part. 
Liquid cargoes in bulk listed in 46 CFR part 153, table 2, of this 
chapter are not dangerous-liquid cargoes when carried by non-oceangoing 
barges.
    Day means, for the purpose of complying with the service 
requirements of this subchapter, eight hours of watchstanding or day-
working not to include overtime. On vessels where a 12-hour working day 
is authorized and practiced, each work day may be creditable as one and 
one-half days of service. On vessels of less than 100 gross register 
tons, a day is considered as eight hours unless the Coast Guard 
determines that the vessel's operating schedule makes this criteria 
inappropriate, in no case will this period be less than four hours. 
When computing service required for MODU endorsements, a day is a 
minimum of four hours, and no additional credit is received for periods 
served over eight hours.
    Deck crew (excluding individuals serving under their officer 
endorsement) means, as used in 46 U.S.C. 8702, only the following 
members of the deck department: able seamen, boatswains, and ordinary 
seamen.
    Designated areas means those areas within pilotage waters for which 
first class pilot's endorsements are issued under part 11, subpart G, 
of this chapter, by the Officer in Charge, Marine Inspection (OCMI). 
The areas for which first class pilot's endorsements are issued within 
a particular Marine Inspection Zone and the specific requirements to 
obtain them may be obtained from the OCMI concerned.
    Designated duty engineer or DDE means a qualified engineer, who may 
be the sole engineer on vessels with a periodically unattended engine 
room.
    Designated examiner means a person who has been trained or 
instructed in techniques of training or assessment and is otherwise 
qualified to evaluate whether an applicant has achieved the level of 
competence required to hold a merchant mariner credential (MMC) 
endorsement. This person may be designated by the Coast Guard or by a 
Coast Guard-approved or accepted program of training or assessment. A 
faculty member employed or instructing in a navigation or engineering 
course at the U.S. Merchant Marine Academy or at a State maritime 
academy operated under 46 CFR part 310 is qualified to serve as a 
designated examiner in his or her area(s) of specialization without 
individual evaluation by the Coast Guard.
    Directly supervised, only when referring to issues related to 
tankermen, means being in the direct line of sight of the person-in-
charge or maintaining direct, two-way communications by a convenient, 
reliable means, such as a

[[Page 3649]]

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 
Sec.  153.40 of this chapter and carried as a liquid cargo or liquid-
cargo residue in integral, fixed, or portable tanks, except a liquid 
cargo carried in a portable tank actually loaded and discharged from a 
vessel with the contents intact.
    Lower level is used as a category of deck and engineer officer 
endorsements established for assessment of fees. Lower-level officer 
endorsements are other than those defined as upper level, for which the 
requirements are listed in subparts D, E, and G of part 11.
    Marine chemist means a person certificated by the National Fire 
Protection Association.
    Master means the officer having command of a vessel.
    Mate means a qualified officer in the deck department other than 
the master.
    Merchant mariner credential or MMC means the credential issued by 
the Coast Guard under 46 CFR part 10. It combines the individual 
merchant mariner's document, license, and certificate of registry 
enumerated in 46 U.S.C. subtitle II part E as well as the STCW 
endorsement into a single credential that serves as the mariner's 
qualification document, certificate of identification, and certificate 
of service.
    MMC application means the application for the MMC, as well as the 
application for any endorsement on an MMC.
    Mobile offshore drilling unit or MODU means a vessel capable of 
engaging in drilling operations for the exploration for or exploitation 
of subsea resources. MODU designs include the following:
    (1) Bottom bearing units, which include:
    (i) Self-elevating (or jack-up) units with moveable, bottom bearing 
legs capable of raising the hull above the surface of the sea; and
    (ii) Submersible units of ship-shape, barge-type, or novel hull 
design, other than a self-elevating unit, intended for operating while 
bottom bearing.
    (2) Surface units with a ship-shape or barge-type displacement hull 
of single or multiple hull construction intended for operating in a 
floating condition, including semi-submersibles and drill ships.
    Month means 30 days, for the purpose of complying with the service 
requirements of this subchapter.
    National Driver Register or NDR means the nationwide repository of 
information on drivers maintained by the National Highway Traffic 
Safety Administration under 49 U.S.C. chapter 303.
    NDR-listed convictions means a conviction of any of the following 
motor vehicle-related offenses or comparable offenses:
    (1) Operating a motor vehicle while under the influence of, or 
impaired by, alcohol or a controlled substance; or
    (2) A traffic violation arising in connection with a fatal traffic 
accident, reckless driving, or racing on the highways.
    Near coastal means ocean waters not more than 200-miles offshore.
    Oceans means the waters seaward of the Boundary Lines as described 
in 46 CFR part 7. For the purposes of establishing sea service credit, 
the waters of the Inside Passage between Puget Sound and Cape Spencer, 
Alaska, are not considered oceans.
    Officer endorsement means an annotation on a merchant mariner 
credential that allows a mariner to serve in the capacities in Sec.  
10.109(a). The officer endorsement serves as the license and/or 
certificate of registry pursuant to 46 U.S.C. subtitle II part E.
    Officer in Charge, Marine Inspection or OCMI means, for the 
purposes of this subchapter, the individual so designated at one of the 
Regional Examination Centers, or any person designated as such by the 
Commandant.
    Offshore installation manager or OIM means an officer restricted to 
service on MODUs. An assigned offshore installation manager is 
equivalent to a master on a conventional vessel and is the person 
designated by the owner or operator to be in complete and ultimate 
command of the unit.
    On location means that a mobile offshore drilling unit is bottom 
bearing or moored with anchors placed in the drilling configuration.

[[Page 3650]]

    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 Sec. Sec.  13.120, 13.203, or 13.303 of this 
chapter, means either actual participation in the transfers or close 
observation of how the transfers are conducted and supervised.
    Passes a chemical test for dangerous drugs means that the result of 
a chemical test conducted according to 49 CFR part 40 is reported as 
``negative'' by a Medical Review Officer according to that part.
    PIC means a person in charge.
    Pilot of towing vessels means a qualified officer of a towing 
vessel operated only on inland routes.
    Pilotage waters means the navigable waters of the United States, 
including all inland waters and offshore waters to a distance of three 
nautical miles from the baseline from which the Territorial Sea is 
measured.
    Practical demonstration means the performance of an activity under 
the direct observation of a designated examiner for the purpose of 
establishing that the performer is sufficiently proficient in a 
practical skill to meet a specified standard of competence or other 
objective criterion.
    Qualified instructor means a person who has been trained or 
instructed in instructional techniques and is otherwise qualified to 
provide required training to candidates for a merchant mariner 
credential endorsement. A faculty member employed at a State maritime 
academy or the U.S. Merchant Marine Academy operated under 46 CFR part 
310 and instructing in a navigation or engineering course is qualified 
to serve as a qualified instructor in his or her area of specialization 
without individual evaluation by the Coast Guard.
    Qualified rating means various categories of able seaman, qualified 
member of the engine department, lifeboatman, or tankerman endorsements 
formerly issued on merchant mariner's documents.
    Raise of grade means an increase in the level of authority and 
responsibility associated with an officer or rating endorsement.
    Rating endorsement is an annotation on a merchant mariner 
credential that allows a mariner to serve in those capacities set out 
in Sec.  10.109(b) and (c). The rating endorsement serves as the 
merchant mariner's document pursuant to 46 U.S.C. subtitle II part E.
    Regional examination center or REC means a Coast Guard office that 
issues merchant mariners' credentials and endorsements.
    Restricted tankerman endorsement means a valid tankerman 
endorsement on a merchant mariner credential restricting its holder as 
the Coast Guard deems appropriate. For instance, the endorsement may 
restrict the holder to one or a combination of the following: a 
specific cargo or cargoes; a specific vessel or vessels; a specific 
facility or facilities; a specific employer or employers; a specific 
activity or activities (such as loading or unloading in a cargo 
transfer); or a particular area of water.
    Rivers means a river, canal, or other similar body of water 
designated as such by the Coast Guard.
    Safe and suitable person means a person whose prior record, 
including but not limited to criminal record and/or NDR record, 
provides no information indicating that his or her character and habits 
of life would support the belief that permitting such a person to serve 
under the MMC and/or endorsement sought would clearly be a threat to 
the safety of life or property, detrimental to good discipline, or 
adverse to the interests of the United States.
    Self propelled has the same meaning as the terms ``propelled by 
machinery'' and ``mechanically propelled.'' This term includes vessels 
fitted with both sails and mechanical propulsion.
    Self-propelled tank vessel means a self-propelled tank vessel, 
other than a tankship.
    Senior company official means the president, vice president, vice 
president for personnel, personnel director, or similarly titled or 
responsible individual, or a lower-level employee designated in writing 
by one of these individuals for the purpose of certifying employment 
and whose signature is on file at the REC at which application is made.
    Service as, used when computing the required service for MODU 
endorsements, means the time period, in days, a person is assigned to 
work on MODUs, excluding time spent ashore as part of crew rotation. A 
day is a minimum of four hours, and no additional credit is received 
for periods served over eight hours.
    Simulated transfer means a transfer practiced in a course meeting 
the requirements of Sec.  13.121 of this chapter that uses simulation 
supplying part of the service on transfers required for tankerman by 
Sec.  13.203 or 13.303 of this chapter.
    Staff officer means a person who holds an MMC with an officer 
endorsement listed in Sec.  10.109(a)(31).
    Standard of competence means the level of proficiency to be 
achieved for the proper performance of duties onboard vessels according 
to national and international criteria.
    STCW means the International Convention on Standards of Training, 
Certification and Watchkeeping for Seafarers, 1978, as amended 
(incorporated by reference in Sec.  10.103).
    STCW Code means the Seafarer's Training, Certification and 
Watchkeeping Code, as amended (incorporated by reference in Sec.  
10.103).
    STCW endorsement means an annotation on a merchant mariner 
credential that allows a mariner to serve in those capacities under 
Sec.  10.109(d). The STCW endorsement serves as evidence that a mariner 
has met the requirements of STCW.
    Tank barge means a non-self-propelled tank vessel.
    Tank vessel means a vessel that is constructed or adapted to carry, 
or that carries, oil or hazardous material in bulk as cargo or cargo 
residue, and that:
    (1) Is a vessel of the United States;
    (2) Operates on the navigable waters of the United States; or
    (3) Transfers oil or hazardous material in a port or place subject 
to the jurisdiction of the United States.
    Tankerman assistant means a person holding a valid ``Tankerman-
Assistant'' endorsement to his or her merchant mariner credential.
    Tankerman engineer means a person holding a valid ``Tankerman-
Engineer'' endorsement to his or her merchant mariner credential.
    Tankerman PIC means a person holding a valid ``Tankerman-PIC'' 
endorsement on his or her merchant mariner credential.
    Tankerman PIC (Barge) means a person holding a valid ``Tankerman-
PIC (Barge)'' endorsement to his or her merchant mariner credential.
    Tankship means any tank vessel constructed or adapted primarily to 
carry oil or hazardous material in bulk as cargo or as cargo residue 
and propelled by power or sail.
    Transfer means any movement of dangerous liquid or liquefied gas as 
cargo in bulk or as cargo residue to, from, or within a vessel by means 
of pumping, gravitation, or displacement.

[[Page 3651]]

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 
Sec. Sec.  11.404 to 11.407 of this subchapter and Sec. Sec.  11.510, 
11.512, 11.514, and 11.516 of this subchapter.
    Western rivers means the Mississippi River, its tributaries, South 
Pass, and Southwest Pass, to the navigational demarcation lines 
dividing the high seas from harbors, rivers, and other inland waters of 
the United States, and the Port Allen-Morgan City Alternate Route, and 
that part of the Atchafalaya River above its junction with the Port 
Allen-Morgan City Alternate Route including the Old River and the Red 
River, and those waters specified in 33 CFR 89.25.
    Year means 360 days for the purpose of complying with the service 
requirements of this subchapter.


Sec.  10.109  Classification of endorsements.

    (a) The following officer endorsements are established in part 11 
of this subchapter. The endorsements indicate that an individual 
holding a valid MMC with this endorsement is qualified to serve in that 
capacity and the endorsement has been issued under the requirements 
contained in part 11 of this subchapter:
    (1) Master.
    (2) Chief mate.
    (3) Second mate.
    (4) Third mate.
    (5) Mate.
    (6) Master of towing vessel.
    (7) Mate (pilot) of towing vessel.
    (8) Apprentice mate (Steersman).
    (9) Offshore installation manager (OIM).
    (10) Barge supervisor (BS).
    (11) Ballast control operator (BCO).
    (12) 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 Sec.  10.103):
    (1) Master.
    (2) Chief mate.
    (3) Officer in charge of a navigational watch (OICNW).
    (4) Chief engineer.
    (5) Second engineer officer.
    (6) Officer in charge of an engineering watch in a manned 
engineroom or designated duty engineer in a periodically unmanned 
engineroom (OICEW).
    (7) Rating forming part of a navigational watch (RFPNW).
    (8) Rating forming part of a watch in a manned engineroom or 
designated to perform duties in a periodically unmanned engineroom 
(RFPEW).
    (9) Proficiency in survival craft and rescue boats other than fast 
rescue boats (PSC).
    (10) Proficiency in fast rescue boats.
    (11) Person in charge of medical care.
    (12) Medical first aid provider.
    (13) GMDSS at-sea maintainer.
    (14) GMDSS operator.

Subpart B--General Requirements for all Merchant Mariner 
Credentials


Sec.  10.201  General characteristics of the merchant mariner 
credential.

    (a) A merchant mariner credential (MMC) (Coast Guard Form CG-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 Sec.  10.103. MMDs, licenses, STCW 
endorsements

[[Page 3652]]

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.


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

    (a) Any mariner required to hold a license, MMD, COR, and/or an 
STCW endorsement by a regulation in 33 CFR chapter I or 46 CFR chapter 
I must hold an MMC. A mariner may continue to serve under the authority 
of and within any restriction on their license, MMD, COR, and/or STCW 
endorsement until the first renewal or upgrade of that credential, but 
not later than [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.


Sec.  10.205  Validity of a merchant mariner credential.

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


Sec.  10.207  Identification number.

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


Sec.  10.209  General application procedures.

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

[[Page 3653]]

    (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.


Sec.  10.211  Criminal record review.

    (a) The Coast Guard may conduct a criminal record review to 
determine the safety and suitability of an applicant for an MMC and any 
endorsements. An applicant conducting simultaneous MMC transactions 
will undergo a single criminal record review. At the time of 
application, each applicant must provide written disclosure of all 
prior convictions.
    (b) A criminal record review is not required for applicants seeking 
a duplicate MMC under Sec.  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 all-inclusive list. 
If an applicant is convicted of an offense that does not appear on the 
list, the Coast Guard will establish an appropriate assessment period 
using the list as a guide. The assessment period commences when an 
applicant is no longer incarcerated. The applicant must establish proof 
of the time incarcerated and periods of probation and parole to the 
satisfaction of the Coast Guard. The assessment period may include 
supervised or unsupervised probation or parole.

Table 10.211(g).--Guidelines for Evaluating Applicants for MMCs Who Have
                          Criminal Convictions
------------------------------------------------------------------------
           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   5 years.............  10 years.
 molestation).
Robbery.....................  5 years.............  10 years.
Other crimes against persons
 2.
------------------------------------------------------------------------
                            Vehicular Crimes
------------------------------------------------------------------------
Conviction involving          1 year..............  5 years.
 fatality.
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 3 4 5
------------------------------------------------------------------------
Trafficking (sale,            5 years.............  10 years.
 distribution, transfer).
Dangerous drugs (Use or       1 year..............  10 years.
 possession).
Other dangerous drug
 convictions 6.
------------------------------------------------------------------------

[[Page 3654]]

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

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

[[Page 3655]]

    (3) Character references from persons who can attest to the 
applicant's sobriety, reliability, and suitability for employment in 
the merchant marine including parole or probation officers;
    (4) Steady employment; and
    (5) Successful completion of all conditions of parole or probation.


Sec.  10.213  National Driver Register.

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

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.
----------------------------------------------------------------------------------------------------------------
1 Any applicant who has ever been the user of, or addicted to the use of, a dangerous drug shall meet the
  requirements of paragraph (a) of this section.
2 Suspension or revocation, when referred to in table 10.213, means a State suspension or revocation of a motor
  vehicle operator's license.

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


Sec.  10.215  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 Sec.  
15.812 of this part, on vessels and tank barges of 1,600 GRT or more 
must satisfactorily complete annual medical exams and, unless exempt 
per 46 CFR 16.220, pass annual chemical tests for dangerous drugs and 
submit the results to the Coast Guard.
    (2) Medical exams for Great Lakes Pilots must be conducted by a 
licensed medical doctor in accordance with the physical exam 
requirements in 46 CFR 402.210.

[[Page 3656]]



                                                 Table 10.215(A)
----------------------------------------------------------------------------------------------------------------
                                                                           4 General medical  5 Demonstration of
          1 Credential               2 Vision test      3 Hearing test           exam          physical ability
----------------------------------------------------------------------------------------------------------------
(i) Deck officer, including                    Sec.                   X                   X                   X
 pilot..........................       10.215(b)(1)
(ii) Engineering officer........   Sec.   10.215(b)                   X                   X                   X
                                                (2)
(iv) Radio officer..............               Sec.                   X                   X                   X
                                       10.215(b)(2)
(v) Offshore installation                      Sec.                   X                   X                   X
 manager, barge supervisor, or         10.215(b)(2)
 ballast control operator.......
(vi) Able seaman................               Sec.                   X                   X                   X
                                       10.215(b)(1)
(vii) QMED......................               Sec.                   X                   X                   X
                                       10.215(b)(2)
(viii) RFPNW....................               Sec.                   X                   X                   X
                                       10.215(b)(1)
(ix) RFPEW......................               Sec.                   X                   X                   X
                                       10.215(b)(2)
(x) Tankerman...................               Sec.                   X                   X                   X
                                       10.215(b)(2)
(xi) Food handler serving on      ..................  ..................               Sec.   ..................
 vessels to which STCW does not                                                10.215(d)(2)
 apply..........................
(xii) Food handler serving on     ..................  ..................               Sec.                   X
 vessels to which STCW applies..                                               10.215(d)(2)
(xiii) Ratings, including entry   ..................  ..................  ..................                  X
 level, serving on vessels to
 which STCW applies, other than
 those listed above.............
----------------------------------------------------------------------------------------------------------------

    (b) Vision Test. (1) Deck Standard. An applicant must have 
correctable vision to at least 20/40 in one eye and uncorrected vision 
of at least 20/200 in the same eye. An applicant having lost vision in 
one eye must wait six months before application and provide a statement 
of demonstrated ability on his or her medical examination. The color 
sense must be determined to be satisfactory when tested by any of the 
following methods or an alternative test approved by the Coast Guard, 
without the use of color-sensing lenses:
    (i) Pseudoisochromatic Plates (Dvorine, 2nd Edition; AOC; revised 
edition or AOC-HRR; Ishihara 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

[[Page 3657]]

package these reports remain valid for 12 months from the date of the 
application approval.
    (g) Medical waivers. Where an applicant does not possess the 
vision, hearing, or general physical condition necessary, the Coast 
Guard, after consultation with the examining licensed physician, 
licensed physician assistant, or licensed nurse practitioner may grant 
a waiver if extenuating circumstances warrant special consideration. An 
applicant may submit to the Coast Guard additional correspondence, 
records, and reports in support of a waiver. In this regard, 
recommendations from agencies of the Federal Government operating 
government vessels, as well as owners and operators of private vessels, 
made on behalf of their employees, will be given full consideration. 
Waivers are not normally granted to an applicant whose corrected vision 
in the better eye is not at least 20/40 for deck officers or 20/50 for 
engineer officers.
    (h) Individuals holding only a staff officer endorsement need not 
meet the medical and physical requirements of this section.


Sec.  10.217  Merchant mariner credential application and examination 
locations.

    (a) Applicants may apply to 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.


Sec.  10.219  Fees.

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

                                             Table 10.219(a).--Fees
----------------------------------------------------------------------------------------------------------------
                                                                  And you need . . .
                                     ---------------------------------------------------------------------------
          If you apply for             Evaluation then the fee    Examination then the    Issuance  then the fee
                                              is . . .                fee is . . .               is . . .
----------------------------------------------------------------------------------------------------------------
MMC with officer endorsement:
    Original:
        Upper level.................  $100....................  $110...................  $45.
        Lower level.................  $100....................  $95....................  $45.
    Renewal.........................  $50.....................  $45....................  $45.
    Raise of grade..................  $100....................  $45....................  $45.
    Modification or removal of        $50.....................  $45....................  $45.
     limitation or scope.
Radio officer endorsement:
    Original........................  $50.....................  $45....................  $45.
    Renewal.........................  $50.....................  n/a....................  $45.
Staff officer endorsements:
    Original........................  $90.....................  n/a....................  $45.
    Renewal.........................  $50.....................  n/a....................  $45.
MMC with rating endorsement:
    Original endorsement for ratings  $95.....................  n/a....................  $45.
     other than qualified ratings.
    Original endorsement for          $95.....................  $140...................  $45.
     qualified rating.
    Upgrade or Raise of Grade.......  $95.....................  $140...................  $45.
    Renewal endorsement for ratings   $50.....................  n/a....................  $45.
     other than qualified ratings.
    Renewal endorsement for           $50.....................  $45....................  $45.
     qualified rating.
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.

[[Page 3658]]

    (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-for-profit, charitable 
organization.
    (ii) The following organizations are accepted by the Coast Guard as 
meeting the requirements of paragraph (h)(1) of this section and need 
not submit evidence of their status: Boy Scouts of America, Sea 
Explorer Association, Girl Scouts of the United States of America, and 
Young Men's Christian Association of the United States of America.
    (3) A letter from an organization determined eligible under 
paragraph (h)(2) of this section must also accompany the person's MMC 
application to the Coast Guard. The letter must state that the purpose 
of the person's application is solely to further the conduct of the 
organization's maritime activities. The applicant then is eligible 
under this section to obtain a no-fee MMC if other requirements for the 
MMC are met.
    (4) An MMC issued to a person under this section is endorsed 
restricting its use to vessels owned or operated by the sponsoring 
organization.
    (5) The holder of a no-fee MMC issued under this section may have 
the restriction removed by paying the appropriate evaluation, 
examination, and issuance fees that would have otherwise applied.


Sec.  10.221  Citizenship.

    (a) (1) MMCs with officer Endorsements. Only individuals with valid 
U.S. citizenship may apply for officer endorsements, except individuals 
applying for endorsements as operators of uninspected passenger vessels 
authorizing service on undocumented vessels in accordance with Sec.  
11.201(d) of this part.
    (2) All other MMCs. All other applicants 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

[[Page 3659]]

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.


Sec.  10.223  Modification or removal of limitations or scope.

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


Sec.  10.225  Requirements for original merchant mariner credentials.

    (a) An applicant must apply as an original if the MMC sought is:
    (1) The first credential issued to the applicant;
    (2) The first credential issued to an applicant after their 
previous credential has expired and they do not hold a document of 
continuity under Sec.  10.227(e) of this part or an equivalent 
unexpired continuity endorsement on their license or MMD; or
    (3) The first credential issued to an applicant after their 
previous credential was revoked pursuant to Sec.  10.235 of this part.
    (b) A complete application for an original MMC must contain the 
following:
    (1) A completed, signed application;
    (2) 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 Sec.  10.103).
    (4) The appropriate fee as set forth in Sec.  10.219 of this part;
    (5) Any uncanceled MMD, MMC, license, STCW endorsement, or COR held 
by the applicant. If one or more of these credentials are still valid 
at the time of application, a photocopy, front 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 Sec.  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 Sec.  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 Sec.  10.217 must be verified in 
writing by the administering official and submitted to the same REC 
where the applicant applied for his or her MMC. This oath remains 
binding for any subsequently issued MMC and endorsements added to the 
MMC unless specifically renounced in writing.


Sec.  10.227  Requirements for renewal.

    (a) Except as provided in paragraph (e) of this section, an 
applicant for renewal of a credential must establish possession of all 
of the necessary qualifications before the renewal MMC will be issued.

[[Page 3660]]

    (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 Sec.  10.219 of this part;
    (4) Any uncanceled MMD, MMC, license, STCW endorsement, or COR held 
by the applicant. If one or more of these credentials are still valid 
at the time of application, a photocopy, front 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 Sec.  16.220 of this 
subchapter:
    (6) Proof, documented on a form provided by the Coast Guard, that 
the applicant passed all applicable vision, hearing, medical and/or 
physical exams as required by Sec.  10.215 of this part.
    (7) Consent to a Coast Guard check of the NDR for offenses 
described in section 205(a)(3)(A) or (B) of the National Driver 
Register Act of 1982, as amended.
    (8) Except as provided in sub-paragraph (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 Sec.  11.480 of this chapter.
    (iii) Additional qualification requirements for renewal of an 
officer endorsement as first-class pilot are contained in Sec.  11.713 
of this chapter.
    (iv) An applicant for renewal of a radio officer's endorsement 
must, in addition to meeting the requirements of this section, present 
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 Sec.  13.120 of this 
chapter.
    (viii) There are no professional requirements for renewal for the 
following endorsements: (A) Radio officer;
    (B) Staff officers (all types);
    (C) Ordinary seaman;
    (D) Wiper;
    (E) Steward's department (F.H.);
    (F) Cadet;
    (G) Student observer;
    (H) Apprentice engineer;
    (I) Apprentice mate (issued under Part 12 of this Subchapter);
    (J) Person in charge of medical care;
    (K) Medical first aid provider;
    (L) GMDSS at-sea maintainer; and
    (M) GMDSS operator.
    (9) Except as otherwise provided, each candidate for a renewal of 
an STCW endorsement must meet the applicable requirements of Sec.  
11.202 of this chapter and must meet the requirements of Section A-VI/
2, paragraphs 1 to 4 of the STCW Code.
    (e) Document of continuity. (1) Applicants for renewal who are 
unwilling or otherwise unable to meet the requirements of paragraph (d) 
of this section, including but not limited to the medical and physical 
standards of Sec.  10.215, drug tests, and TWIC may apply for a 
document of continuity issued by the Coast Guard. Documents of 
continuity do not expire and are issued solely to maintain an 
individual's eligibility for renewal. A document of continuity does not 
entitle an individual to serve as a merchant mariner. A holder of a 
document of continuity may obtain a properly endorsed, valid MMC at any 
time by satisfying the requirements for renewal as provided in 
paragraph (d).
    (2) Applications for a document of continuity must include:
    (i) The credential to be renewed. Upon written request, the Coast 
Guard will return the credential to the applicant after it has been 
cancelled; and
    (ii) An application including a signed statement from the applicant 
attesting to an awareness of the limited purpose of the Document of 
Continuity, their inability to serve, and the requirements to obtain an 
MMC.
    (f) Administrative grace period. Except as provided herein, a 
credential may not be renewed more than 12 months after it has expired. 
To obtain a 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

[[Page 3661]]

applicant must demonstrate continued professional knowledge by 
completing a course approved for this purpose, or by passing the 
complete examination. The examination may be oral-assisted if the 
expired credential was awarded on an oral exam. The fees set forth in 
Sec.  10.219 apply to these examinations. In the case of an expired 
radio officer's endorsement, the endorsement may be issued upon 
presentation of a valid first-or second-class radiotelegraph operator 
license issued by the Federal Communications Commission.
    (2) An endorsement for chief purser, purser, senior assistant 
purser, junior assistant purser, hospital corpsman, marine physician 
assistant, medical doctor, or professional nurse that has been expired 
for more than 12 months shall be renewed in the same way as a current 
endorsement of that type. There are no additional requirements for 
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.


Sec.  10.229  Issuance of duplicate merchant mariner credentials.

    (a) Upon request and without examination, a mariner may be issued a 
duplicate credential after submitting an application with an affidavit 
describing the circumstances of the loss. The Coast Guard will only 
issue the duplicate credential after confirming the validity of the 
mariner's credential and 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 Sec.  10.219 must be paid.
    (e) No application from an alien for a duplicate credential will be 
accepted unless the alien complies with the requirements of Sec.  
10.221 of this part.
    (f) Applications for duplicate credentials will not be subject to a 
criminal record review.


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

    (a) This section applies to applicants who already hold a valid 
credential and want to make the following transaction(s):
    (1) Add a new endorsement; or
    (2) Raise of grade of an existing endorsement.
    (b) New endorsements or raises of grade of existing endorsements on 
an MMC under this section will not change the expiration date of the 
MMC unless the applicant renews all endorsements that appear on the MMC 
under Sec.  10.227 of this part.
    (c) A complete application for a new endorsement or raise of grade 
must contain the following:
    (1) A completed, signed application;
    (2) Proof that the mariner holds a valid TWIC;
    (3) All supplementary materials required to show that the mariner 
meets the mandatory requirements for the new endorsement(s) sought;
    (i) The mandatory requirements for officer endorsements are 
contained in part 11 of this chapter and paragraph (d) of this section.
    (ii) The mandatory requirements for rating endorsements are 
contained in part 12 of this chapter.
    (iii) The mandatory requirements for tankerman rating endorsements 
are contained in part 13 of this chapter.
    (iv) The mandatory requirements for STCW endorsements are contained 
in parts 11 and 12 of this chapter and in the STCW Convention and Code 
(incorporated by reference, see Sec.  10.103).
    (4) The appropriate fee as set forth in Sec.  10.219 of this part;
    (5) Any uncanceled MMD, MMC, license, STCW endorsement, or COR held 
by the applicant. If one or more of these credentials are still valid 
at the time of application, a photocopy, front 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 Sec.  16.220 of this subchapter:
    (i) any officer endorsement; and
    (ii) the first endorsement as able seaman, lifeboatman, qualified 
member of the engine department, or tankerman.
    (7) An applicant for an endorsement where sea service is required 
must produce discharges or other documentary evidence of service, 
indicating the name, tonnage, and horsepower of the vessels, dates of 
service, capacity in which the applicant served, and on what waters;
    (8) Applicants who have not submitted evidence within the past 
three years that they have passed all applicable vision, hearing, 
medical and/or physical exams required in Sec.  10.215 for the 
particular endorsement sought, must submit proof, on a Coast Guard 
approved form, that the applicant has passed those medical/physical 
tests and exams; and
    (9) Consent to a Coast Guard check of the NDR for offenses 
described in section 205(a)(3)(A) or (B) of the National Driver 
Register Act of 1982, as amended.
    (d) Additional requirements for an applicant seeking a raise of 
grade of an officer endorsement:
    (1) Sea service acquired before the issuance of an officer 
endorsement is generally not accepted as any part of the service 
required for a raise of grade of that endorsement. However, service 
acquired before issuance of an officer endorsement will be accepted for 
certain crossovers, endorsements, or increases in scope of an MMC, as 
appropriate. In the limited tonnage categories for deck officers, total 
accumulated service is a necessary criterion for most raises of grade; 
service acquired before the issuance of such officer endorsements will, 
therefore, be accepted.
    (2) No raise of grade may be issued to any naturalized citizen on 
less experience in any grade than would have been required of a citizen 
of the United States by birth.
    (3) Experience and service acquired on foreign vessels while 
holding a valid U.S. officer endorsement is creditable for establishing 
eligibility for a raise of grade, subject to evaluation by the Coast 
Guard to determine that it is a fair and reasonable equivalent to 
service acquired on merchant vessels of the United States, with respect 
to grade, tonnage, horsepower, waters, and operating conditions. An 
applicant who has obtained the qualifying experience on foreign vessels 
shall submit satisfactory documentary evidence of

[[Page 3662]]

such service (including any necessary translations into English) in the 
forms prescribed by paragraph (c)(7) of this section.
    (4) An applicant remains eligible for a raise of grade while on 
probation as a result of action under part 5 of this chapter. A raise 
of grade issued to a person on probation will be subject to the same 
probationary conditions imposed against the applicant's other 
credentials. The offense for which he or she was placed on probation 
will be considered on the merits of the case in determining fitness to 
hold the endorsement applied for. No applicant will be examined for a 
raise of grade during any period when a suspension without probation or 
a revocation imposed under part 5 of this chapter is effective against 
the applicant's credential or while an appeal from these actions is 
pending.
    (5) Professional examination. (i) When the Coast Guard finds an 
applicant's experience and training for raise of grade to be 
satisfactory and the applicant is eligible in all other respects, the 
Coast Guard will authorize a professional examination.
    (ii) Oral-assisted examinations may be administered in accordance 
with Sec.  11.205(f) of this chapter. The Coast Guard will place in the 
applicant's file a record indicating the subjects covered.
    (iii) The general instructions for administration of examinations 
and the lists of subjects for all officer endorsements appear in part 
11, subpart I of this chapter.


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

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


Sec.  10.235  Suspension or revocation of merchant mariner credentials.

    (a) Any MMC or endorsement is subject to suspension or revocation 
on the same grounds, in the same manner, and with like procedure as 
provided in 46 U.S.C. chapter 77.
    (b) When any individual's credential is revoked, it is no longer 
valid for any purpose and any MMC subsequently requested must be 
applied for as an original. When an endorsement on an individual's MMC 
is revoked, it is no longer valid and any endorsement of the same type 
subsequently requested must be applied for as an original. When an 
officer's endorsement is revoked, the Coast Guard will issue an MMC 
containing any rating endorsement for which the holder is qualified.
    (c) An applicant who has had a TWIC, credential, or endorsement 
revoked, and who is applying for a subsequent MMC or endorsement, must 
state in his or her application the date of revocation, the serial 
number of the document revoked, and the type of document or endorsement 
revoked.
    (d) A person whose credential or endorsement has been revoked or 
suspended without probation may not be issued a replacement credential 
or endorsement without approval of the Commandant. If a mariner has 
multiple endorsements and one or more, but not all, of those 
endorsements are suspended or revoked, the mariner may apply for a 
replacement MMC reflecting those endorsements for which the mariner 
remains qualified.
    (e) When a credential or endorsement that is about to expire has 
been suspended, the renewal of the credential or endorsement will be 
withheld until expiration of the suspension period.
    (f) An applicant for renewal or return of a credential with 
endorsement as master or mate (pilot) of towing vessels whose most 
recent credential has been suspended or revoked by an administrative 
law judge for incompetence must complete the practical demonstration 
required under Sec.  10.227(d)(8)(vi)(A).
    (g) 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.


Sec.  10.237  Right of appeal.

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


Sec.  10.239  Quick reference table for MMC requirements.

    Table 10.239 provides a guide to the requirements for officer 
endorsements. Provisions in the reference section are controlling.

[[Page 3663]]



                                                                                                              Table 10.239.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                    Recommendations                                            Demonstration of
      Endorsement category            Minimum age         Citizenship         Medical and         Experience         and character       Firefighting      Professional exam     professional     Recency of service   First aid and CPR
                                                                             physical exam                               check                                                      ability
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Master, mates and operators of    21, 11.201(e)       U.S., 11.201(d)     Yes, 10.215 Note:   Yes, 11.205 (b);    11.205(c).........  11.205(d) Note:     Yes, 11.205 (f);    Yes, 11.205(g);     Yes, 3 months in    11.205(e) Note:
 uninspected passenger vessels     Note: exceptions.   Note: exception     exceptions.         subpart D.                              exceptions.         11.903; 11.910      11.901(c);          past 3 years,       exceptions.
 (original).                                           for OUPV.                                                                                           Note: 11.903(b).    11.903(c).          11.201(c).
Engineers (original)............  21, 11.201(e)       U.S., 11.201(d) no  Yes, 10.215 Note:   Yes, 11.205(b);     11.205(c).........  11.205(d).........  11.205(f); 11.903;  Yes, 11.205(g);     Yes, 3 months in    11.205(e) Note:
                                   Note: exceptions.   exceptions.         exceptions.         subpart E.                                                  11.950.             11.901(c);          past 3 years,       exceptions.
                                                                                                                                                                               11.903(c).          11.201(c).
Officer raises of grade.........  21, 11.201(e)       U.S., 11.201(d) no  Yes, 10.215 Note:   Yes, 10.231 (c);    N/A...............  Yes; 10.231 (e)...  Yes, 10.231(d);     Yes, 11.205(g);     Yes, 3 months in    N/A.
                                   Note: exceptions.   exceptions.         exceptions.         subpart D and E.                                            11.903; 11.910;     11.901(c);          past 3 years,
                                                                                                                                                           11.920; 11.950.     11.903(c).          11.201(c).
Officer renewals................  N/A...............  U.S., 11.201(d) no  Yes, 10.215 Note:   Yes, 10.227(g)      N/A...............  N/A...............  10.227(g).........  Towing officers,    Yes, 1 year in      N/A.
                                                       exceptions.         exceptions.         Note: exceptions.                                                               10.227(i).          past 5, 10.227(g)
                                                                                                                                                                                                   Note: alternative.
Pilot...........................  21, 46 U.S.C. 7101  U.S., 11.201(d) no  Yes, 10.215 Note:   Yes, 11.703.......  11.205(c).........  N/A...............  11.707; 11.903;     N/A...............  Yes, 11.703,        11.205(e) Note:
                                                       exceptions.         exceptions.                                                                     11.910.                                 11.75(e), 11.713.   exceptions.
Towing vessels..................  21, Master 19,      U.S., 11.201(d) no  Yes, 10.215 Note:   Yes, 10.464;        11.205(c).........  Yes, 11.205(d)      Yes, 11.205 (f);    Yes, 11.464;        Yes, 3 months in    11.205(e) Note:
                                   Mate 18, App.       exceptions.         exceptions.         10.465; 10.466.                         oceans.             11.903; 11.910      11.465;             past 3 years,       exceptions.
                                   Mate 11.201(e).                                                                                                         Note: 11.903(b).    11.205(g);          11.201(c).
                                                                                                                                                                               11.901(c).
Uninspected fishing industry      21, 11.201(e)       U.S., 11.201(d) no  Yes, 10.215 Note:   Deck: 11.462; Eng:  11.205(c).........  11.205(d) Note:     Yes, 11.205 (f);    N/A...............  Yes, 3 months in    11.205(e) Note:
 vessels.                          Note: exceptions.   exceptions.         exceptions.         11.530.                                 exceptions.         11.903; 11.910                          past 3 years,       exceptions.
                                                                                                                                                           Note: 11.903(b).                        11.201(c).
Radio officer...................  19, 11.201(e)(1)..  U.S., 11.201(d) no  Yes, 10.215 Note:   11.603............  11.205(c).........  N/A...............  N/A...............  N/A...............  N/A...............  11.205(e) Note:
                                                       exceptions.         exceptions.                                                                                                                                 exceptions.
Staff officer...................  N/A...............  U.S., 11.201(d) no  Yes, 10.215 Note:   11.807............  11.205(c).........  N/A...............  N/A...............  N/A...............  N/A...............  N/A.
                                                       exceptions.         exceptions.
Staff officer renewals..........  N/A...............  U.S., 11.201(d) no  Yes, 10.215 Note:   10.227(g)(5)......  N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  N/A.
                                                       exceptions.         exceptions.
Offshore installation manager,    21, 11.201(e)       U.S., 11.201(d) no  Yes, 10.215 Note:   OIM: 11.470 B.S.:   11.205(c).........  11.205(d).........  Yes, 11.205 (f);    N/A...............  Yes, 3 months in    11.205(e) Note:
 barge supervisor, ballast         Note: exceptions.   exceptions.         exceptions.         11.472 BCO:                                                 11.903; 11.920.                         past 3 years,       exceptions.
 control operator.                                                                             11.474 Eng:                                                                                         11.201(c).
                                                                                               11.540.
Able seamen.....................  18, 12.05-3 (a)(1)  U.S. or alien       Yes, 10.215 Note:   12.05-7...........  N/A...............  N/A...............  Yes, 12.05-3 (a);   Yes, 12.05-3 (c);   Renewal only, 1     12.05-3(b).
                                                       admitted for        exceptions.                                                                     12.05-9.            12.05-9.            year in past 5,
                                                       permanent                                                                                                                                   10.227(g) Note:
                                                       residence, 10.221.                                                                                                                          alternative.
Qualified members of engine       N/A...............  U.S. or alien       Yes, 10.215 Note:   12.15-7...........  N/A...............  N/A...............  Yes, 12.15-9......  Yes, 12.15-3(d)...  Renewal only, 1     12.15-3(d).
 department.                                           admitted for        exceptions.                                                                                                             year in past 5,
                                                       permanent                                                                                                                                   10.227(g) Note:
                                                       residence, 10.221.                                                                                                                          alternative.
Entry level ratings.............  N/A...............  U.S. or alien       Yes, 10.215 Note:   N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  N/A.
                                                       admitted for        exceptions.
                                                       permanent
                                                       residence, 10.221.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 3664]]

    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 Sec.  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'':


Sec.  11.101  Purpose of regulations.

    (a) These regulations provide--
    (1) A means of determining the qualifications an applicant must 
possess to be eligible for an officer endorsement as a staff officer, 
deck officer, engineer, pilot, or radio officer on merchant vessels, or 
for an endorsement to operate uninspected passenger vessels; and
* * * * *
    91. Revise newly redesignated Sec.  11.102 to read as follows:


Sec.  11.102  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish a notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, it is available for inspection 
at the Coast Guard, Office of Operating and Environmental Standards 
(CG-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 Sec. Sec.  11.202, 11.304, 11.603; 11.901, 11.903, 11.1005, and 
11.1105.
    (2) The Seafarers' Training, Certification and Watchkeeping Code, 
as amended (the STCW Code), approved for incorporation by reference in 
Sec. Sec.  11.202, 11.304, 11.603, 11.901, 11.903, 11.1005, and 
11.1105.


Sec.  11.103  [Removed and Reserved]

    92. Remove and reserve newly redesignated Sec.  11.103.


Sec.  11.105  [Removed and Reserved]

    93. Remove and reserve newly redesignated Sec.  11.105.
    94. In newly redesignated Sec.  11.107, revise paragraphs (b)(1), 
(2) and (3) to read as follows:


Sec.  11.107  Paperwork approval.

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


Sec.  11.109  [Removed and Reserved]

    95. Remove and reserve newly redesignated Sec.  11.109.


Sec.  11.110  [Removed and Reserved]

    96. Remove and reserve newly redesignated Sec.  11.110.


Sec.  11.111  [Removed and Reserved]

    97. Remove and reserve newly redesignated Sec.  11.111.


Sec.  11.112  [Removed and Reserved]

    98. Remove and reserve newly redesignated Sec.  11.112.


Sec.  11.113  [Removed and Reserved]

    99. Remove and reserve newly redesignated Sec.  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 Sec.  11.201 to read as follows:


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

    (a) In addition to the requirements of part 10 of this chapter, the 
applicant for an officer endorsement, whether original, renewal, 
duplicate, or raise of grade, must establish to the satisfaction of the 
Coast Guard that he or she possesses all the qualifications necessary 
(including but not limited to age, experience, character references and 
recommendations, physical health, citizenship, approved training, 
passage of a professional examination, a test for dangerous drugs, and 
when required by this part, a practical demonstration of skills) before 
the Coast Guard will issue a merchant mariner credential (MMC).
    (b) Except as provided in Sec.  11.467(h) 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;

[[Page 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 Sec.  11.202 to read as follows:


Sec.  11.202  STCW endorsements.

    (a) General. When an original MMC is issued, renewed, upgraded, or 
otherwise modified, the OCMI will determine whether the applicant needs 
to have an STCW endorsement for service on a seagoing vessel and then, 
if the applicant is qualified, will issue the appropriate endorsement. 
The OCMI will also issue an STCW endorsement at other times, if 
circumstances so require and if the applicant is qualified to hold the 
endorsement.
    (b) Basic safety training or instruction. Except as provided in 
paragraph (f) of this section, an STCW endorsement will be issued only 
when the candidate provides evidence of having achieved or, if training 
has been completed, having maintained the minimum standards of 
competence for the following four areas of basic safety within the 
previous five years upon assessment of a practical demonstration of 
skills and abilities:
    (1) Personal survival techniques as set out in table A-VI/1-1 of 
the STCW Code (incorporated by reference in Sec.  11.102).
    (2) Fire prevention and firefighting as set out in table A-VI/1-2 
of the STCW Code (incorporated by reference, see Sec.  11.102).
    (3) Elementary first aid as set out in table A-VI/1-3 of the STCW 
Code (incorporated by reference, see Sec.  11.102).
    (4) Personal safety and social responsibilities as set out in table 
A-VI/1-4 of the STCW Code (incorporated by reference Sec.  11.102).
    (c) Competence in the use of Automatic Radar-Plotting Aids (ARPA). 
(1) Subject to paragraphs (c)(2) and (f) of this section, each 
candidate for an STCW endorsement as master or mate for service on 
vessels in ocean or near-coastal service, must present a certificate of 
completion from an approved course or from accepted training on an ARPA 
simulator. The course or training must be sufficient to establish that 
the applicant is competent to maintain safe navigation through the 
proper use of ARPA, by correctly interpreting and analyzing the 
information obtained from that device and taking into account both the 
limitations of the equipment and the prevailing circumstances and 
conditions. The simulator used in the course or training must meet or 
exceed the performance standards established under STCW Regulation I/
12.
    (2) Training and assessment in the use of ARPA are not required for 
mariners serving exclusively on vessels not fitted with ARPA. However, 
when any mariner so serving has not completed it, his or her STCW 
endorsement will indicate this limitation.
    (d) Endorsement for operator of radio in the Global Maritime 
Distress and Safety System (GMDSS). (1) Subject to paragraphs (d)(2) 
and (f) of this section, each candidate for an STCW endorsement as 
master or mate for service on vessels in ocean or near-coastal service, 
shall present:
    (i) A certificate for operator of radio in the GMDSS issued by the 
Federal Communications Commission (FCC); and
    (ii) A certificate of completion from a Coast Guard-approved or 
accepted course for operator of radio in the GMDSS or from another 
approved-or-accepted program of training and assessment covering the 
same areas of competence. The course or program must be sufficient to 
establish that the applicant is competent to perform radio duties on a 
vessel participating in the GMDSS and meets the standard of competence 
under STCW Regulation IV/2.
    (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, 
Sec.  11.304, and Sec.  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.

[[Page 3666]]

    (2) Masters, mates, or engineers endorsed for service on seagoing 
vessels of less than 200 gross register tons (GRT), other than 
passenger vessels subject to subchapter H of this chapter.
    (g) No mariner serving on, and no owner or operator of any of the 
following vessels, need hold an STCW endorsement, because they are 
exempt from application of STCW:
    (1) Uninspected passenger vessels as defined in 46 U.S.C. 2101(42).
    (2) Fishing vessels as defined in 46 U.S.C. 2101(11)(a).
    (3) Fishing vessels used as fish-tender vessels as defined in 46 
U.S.C. 2101(11)(c).
    (4) Barges as defined in 46 U.S.C. 2101(2), including non-self-
propelled mobile offshore drilling units.
    (5) Vessels operating exclusively on the Great Lakes or on the 
inland waters of the U.S. in the Straits of Juan de Fuca inside 
passage.


Sec.  11.203  [Removed and Reserved]

    103. Remove and reserve newly redesignated Sec.  11.203.


Sec.  11.204  [Removed and Reserved]

    104. Remove and reserve newly redesignated Sec.  11.204.
    105. Revise newly redesignated Sec.  11.205 to read as follows:


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

    (a) General. In addition to the requirements in part 10 of this 
chapter and Sec. Sec.  11.201 through 11.203, 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 Sec.  10.237 of this chapter 
apply.
    (d) Firefighting certificate. Applicants for officer endorsements 
in the following categories must present a certificate of completion 
from a firefighting course of instruction which has been approved by 
the Commandant. The course must meet both the basic and advanced 
sections of the International Maritime Organization's (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.

[[Page 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 Sec. Sec.  11.429, 11.456, and 11.467 of this 
part, must present to the OCMI:
    (1) A certificate indicating completion of a first aid course not 
more than one year from the date of application from:
    (i) The American National Red Cross Standard First Aid and 
Emergency Care or Multi-media Standard First Aid course;
    (ii) A Coast Guard-approved first aid training course; or
    (iii) A course the OCMI determines meets or exceeds the standards 
of the American Red Cross courses; and
    (2) A currently valid certificate of completion of a CPR course 
from either:
    (i) The American National Red Cross;
    (ii) The American Heart Association;
    (iii) A Coast Guard approved CPR training course; or
    (iv) A course the OCMI determines meets or exceeds the standards of 
the American Red Cross or American Heart Association courses.
    (f) Professional Examination. (1) When the OCMI finds the 
applicant's experience and training to be satisfactory and the 
applicant is eligible in all other respects, the OCMI will authorize 
the examination in accordance with the following requirements:
    (i) Any applicant for a deck or engineer officer endorsement 
limited to vessels not exceeding 500 GRT, or an officer endorsement 
limited to uninspected fishing-industry vessels, may request an oral-
assisted examination in lieu of any written or other textual 
examination. If there are textual questions that the applicant has 
difficulty reading and understanding, the OCMI will offer the oral-
assisted examination. Each officer endorsement based on an oral-
assisted examination is limited to the specific route and type of 
vessel upon which the applicant obtained the majority of service.
    (ii) The general instructions for administration of examinations 
and the lists of subjects for all officer endorsements appear in 
subpart I of this part. The OCMI will place in the applicant's file a 
record indicating the subjects covered.
    (2) When the application of any person has been approved, the 
applicant should take the required examination as soon as practicable. 
If the applicant cannot be examined without delay at the office where 
the application is made, the applicant may request that the examination 
be given at another office.
    (3) The qualification requirements for radar observer are contained 
in Sec.  11.480.
    (4) An examination is not required for a staff officer or radio 
officer endorsement.
    (g) Practical demonstration of skills. Each candidate for an 
original STCW endorsement must successfully complete any practical 
demonstrations required under this part and appropriate to the 
particular endorsement concerned, to prove that he or she is 
sufficiently proficient in skills required under subpart I of this 
part. The OCMI must be satisfied with the authenticity and 
acceptability of all evidence that each candidate has successfully 
completed the demonstrations required under this part in the presence 
of a designated examiner. The OCMI will place a written or electronic 
record of the skills required, the results of the practical 
demonstrations, and the identification of the designated examiner in 
whose presence the requirements were fulfilled in the file of each 
candidate.


Sec.  11.207  [Removed and Reserved]

    106. Remove and reserve newly redesignated Sec.  11.207.


Sec.  11.209  [Removed and Reserved]

    107. Remove and reserve newly redesignated Sec.  11.209.


Sec.  11.210  [Removed and Reserved]

    108. Remove and reserve newly redesignated Sec.  11.210.


Sec.  11.211  [Amended]

    109. In newly redesignated Sec.  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''.


Sec.  11.213  [Amended]

    110. In newly redesignated Sec.  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''.


Sec.  11.215  [Removed and Reserved]

    111. Remove and reserve Sec.  11.215.


Sec.  11.217  [Amended]

    112. In newly redesignated Sec.  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 
Sec.  10.109'' and add, in their place, the words ``table 10.219(a) in 
Sec.  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 Sec.  10.109'' 
and add, in their place, the words ``table 10.219(a) in Sec.  10.219''; 
and
    d. In paragraph (b), remove the word ``license'' and add, in its 
place, the word

[[Page 3668]]

``endorsement''; and remove the words ``the applicant is furnished'' 
and add, in their place, the words ``the Coast Guard will provide the 
applicant''.


Sec.  11.219  [Removed and Reserved]

    113. Remove and reserve newly redesignated Sec.  11.219.


Sec.  11.221  [Removed and Reserved]

    114. Remove and reserve newly redesignated Sec.  11.221.


Sec.  11.223  [Removed and Reserved]

    115. Remove and reserve newly redesignated Sec.  11.223.


Sec.  11.302  [Amended]

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


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

    (a) Satisfactory completion of certain training courses approved by 
the Commandant may be substituted for a portion of the required service 
for many deck and engineer officer endorsements and for qualified 
rating endorsements. The list of all currently approved courses of 
instruction including the equivalent service and applicable 
endorsements is maintained by the National Maritime Center. 
Satisfactory completion of an approved training course may be 
substituted for not more than two-thirds of the required service on 
deck or in the engine department for deck or engineer officer 
endorsements, respectively, and qualified rating endorsements.
* * * * *
    (c) Training obtained before receiving an officer endorsement may 
not be used for subsequent raises of grade.
    (d) Simulator training in combination with a Coast Guard-approved 
training course may be submitted to the Commanding Officer, National 
Maritime Center for evaluation and determination of equivalency to 
required sea service. Simulator training cannot be substituted for 
recency requirements, but may substitute for a maximum of 25 percent of 
the required service for any officer endorsement transaction.
    (e) Except as provided in Sec.  11.202, 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 Sec.  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 Sec.  
11.102) and the requirements of subpart C of this part. The training 
must be documented in a Coast Guard-accepted training-record book.
    (g) * * *
* * * * *
    (6) The identity of each qualified instructor, including any MMC 
endorsements, license, or document held, and the instructor's 
signature.
    (7) The identity of each designated examiner, when any assessment 
of competence is recorded, including any MMC endorsement, license, or 
document held, and the examiner's signature confirming that his or her 
initials certify that he or she has witnessed the practical 
demonstration of a particular task or skill by the candidate.
    (h) Each applicant for an endorsement as master or mate (pilot) of 
towing vessels, and each master or mate of self-propelled vessels of 
greater than 200 GRT seeking an endorsement for towing vessels, shall 
complete a towing officers' assessment record that contains at least 
the following:
    (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.
* * * * *


Sec.  11.309  [Amended]

    118. In newly redesignated Sec.  11.309--
    a. In paragraph (a) introductory text, remove the words ``Sec.  
10.302'' and add, in their place, the words ``Sec.  11.302''; after the 
words ``hold an STCW''; remove the words ``certificate or''; and remove 
the words ``for service on or after February 1, 2002'';
    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 Sec.  11.401 to read as follows:


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

    (a) Any license or MMC endorsement for service as master or mate on 
ocean waters qualifies the mariner to serve in the same grade on any 
waters, subject to the limitations of the endorsement.
    (b) A license or MMC endorsement issued for service as master or 
mate on near-coastal waters qualifies the mariner to serve in the same 
grade on near-coastal, Great Lakes, and inland waters, subject to the 
limitations of the endorsement.
    (c) Near-coastal endorsements for any gross tons require the same 
number of years of service as the ocean-unlimited endorsements. The 
primary differences in these endorsements are the nature of the service 
and the professional examination as explained in subpart I of this 
part.
    (d) A mariner having a master or mate near-coastal license or MMC 
endorsement obtained with ocean service may have an MMC endorsed for 
ocean service by completing the appropriate examination deficiencies, 
provided that the additional service

[[Page 3669]]

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 near-coastal-unlimited 
endorsement obtained in this manner endorsed for ocean service, the 
mariner must obtain 12 months of service as a deck-watch officer or 
higher on ocean waters on vessels of 1,600 GRT 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 
auxiliary-sail vessels. For an endorsement to serve on vessels of 200 
gross tons or less see individual endorsement requirements.
    (g) In order to obtain a master or mate endorsement with a tonnage 
limit above 200 gross tons, or an endorsement for 200 gross tons or 
less with an ocean route, whether an original, raise in grade, or 
increase in the scope of the endorsement authority to a higher tonnage 
category, the applicant must successfully complete the following 
training and examination requirements:
    (1) Approved firefighting course;
    (2) Approved radar-observer course; and,
    (3) Qualification as an able seaman unlimited or able seaman 
limited (able seaman special or able seaman offshore supply vessels 
satisfy the able seaman requirement for endorsements permitting service 
on vessels of 1,600 gross tons 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.


Sec.  11.402  [Amended]

    121. In newly redesignated Sec.  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 ``Sec.  10.407(c)'' and add, in their place, the words 
``Sec.  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 Sec.  11.403 to read as follows:


Sec.  11.403  Structure of deck officer endorsements.

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

[[Page 3670]]

[GRAPHIC] [TIFF OMITTED] TP25JA07.003

Sec.  11.404  [Amended]

    123. In newly redesignated Sec.  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''.


Sec.  11.405  [Amended]

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


Sec.  11.406  [Amended]

    125. In newly redesignated Sec.  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''.


Sec.  11.407  [Amended]

    126. In newly redesignated Sec.  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''.


Sec.  11.410  [Amended]

    127. In newly redesignated Sec.  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''.


Sec.  11.412  [Amended]

    128. In newly redesignated Sec.  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''.


Sec.  11.414  [Amended]

    129. In newly redesignated Sec.  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)''.

[[Page 3671]]

Sec.  11.416  [Amended]

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


Sec.  11.418  [Amended]

    131. In newly redesignated Sec.  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''.


Sec.  11.420  [Amended]

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


Sec.  11.421  [Amended]

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


Sec.  11.422  [Amended]

    134. In newly redesignated Sec.  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''.


Sec.  11.424  [Amended]

    135. In newly redesignated Sec.  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 ``Sec.  10.401(g) of this 
subpart'' and add, in their place, the words ``Sec.  11.401(g)''.


Sec.  11.426  [Amended]

    136. In newly redesignated Sec.  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''.


Sec.  11.427  [Amended]

    137. In newly redesignated Sec.  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''.


Sec.  11.428  [Amended]

    138. In newly redesignated Sec.  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''.


Sec.  11.429  [Amended]

    139. In newly redesignated Sec.  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 ``Sec.  10.205(h) of this 
part'' and add in their place, the words ``Sec.  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''.


Sec.  11.430  [Amended]

    140. In newly redesignated Sec.  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''.


Sec.  11.431  [Amended]

    141. In newly redesignated Sec.  11.431--
    a. In the section heading, remove the word ``licenses'', and add, 
in its place, the word ``endorsements'';

[[Page 3672]]

    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 ``Sec.  10.402'' 
and add, in their place, the place, the words ``Sec.  11.402''.


Sec.  11.433  [Amended]

    142. In newly redesignated Sec.  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''.


Sec.  11.435  [Amended]

    143. In newly redesignated Sec.  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''.


Sec.  11.437  [Amended]

    144. In newly redesignated Sec.  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''.


Sec.  11.442  [Amended]

    145. In newly redesignated Sec.  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''.


Sec.  11.444  [Amended]

    146. In newly redesignated Sec.  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''.


Sec.  11.446  [Amended]

    147. In newly redesignated Sec.  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''.


Sec.  11.448  [Amended]

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


Sec.  11.450  [Amended]

    149. In newly redesignated Sec.  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 ``Sec.  10.422'' 
each time it appears and add, in its place, the text ``Sec.  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''.


Sec.  11.452  [Amended]

    150. In newly redesignated Sec.  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''.


Sec.  11.454  [Amended]

    151. In newly redesignated Sec.  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''.


Sec.  11.455  [Amended]

    152. In newly redesignated Sec.  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''.


Sec.  11.456  [Amended]

    153. In newly redesignated Sec.  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 ``Sec.  10.205(h)'' and add, in its place, the text ``Sec.  
11.205(e)''.


Sec.  11.457  [Amended]

    154. In newly redesignated Sec.  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 
``Sec.  10.452'' and add, in its place, the text ``Sec.  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''.


Sec.  11.459  [Amended]

    155. In newly redesignated Sec.  11.459--
    a. In paragraph (a), after the words ``An applicant for'', remove 
the words

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


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

    (a) This section applies to endorsements for masters and mates of 
all vessels, however propelled navigating the high seas, which are 
documented to engage in the fishing industry, with the exception of:
* * * * *
    (b) Endorsements as master or mate of uninspected fishing industry 
vessels are issued for either ocean or near-coastal routes, depending 
on the examination completed. To qualify for an uninspected fishing 
industry vessel endorsement, the applicant must satisfy the training 
and examination requirements of Sec.  11.401(g) of this subpart.
    (c) An applicant for an endorsement as master of uninspected 
fishing industry vessels must have four years of total service on ocean 
or near coastal routes. Service on Great Lakes or inland waters may 
substitute for up to two years of the required service. One year of the 
required service must have been as master, mate, or equivalent 
supervisory position while holding a license or MMC endorsement as 
master, mate, master or mate (pilot) of towing vessels, or OUPV.
    (1) To qualify for an endorsement for not more than 500 gross tons, 
at least two years of the required service, including the one year as 
master, mate or equivalent, must have been on vessels of 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.
* * * * *


Sec.  11.463  [Amended]

    157. In newly redesignated Sec.  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 Sec.  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:


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

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

[[Page 3674]]



                                     Table 11.464(a).--Requirements for Endorsement as Master of Towing Vessels \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  1                          2                   3                        4                        5                        6
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                 TOS \3\ T/V as mate
           Route endorsed              Total service   TOS \3\ on T/V as mate   (pilot) not as harbor      TOS \3\ particular       Subordinate route
                                            \2\               (pilot)                   assist                   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.
\2\ Service is in months.
\3\ TOS is time of service.

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

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

    (c) If you hold a license or MMC endorsement as mate (pilot) of 
towing vessels, you may have master of towing vessels (limited) added 
to your MMC for a limited local area within the scope of your current 
route.
    (d) Before you serve as master of towing vessels on the Western 
Rivers, you must possess 90 days of observation and training and have 
your MMC include an endorsement for Western Rivers.
    (e) Each company must maintain evidence that every vessel it 
operates is under the direction and control of a mariner with the 
appropriate endorsement and experience, including 30 days of 
observation and training on the intended route other than Western 
Rivers.
    (f) If you hold a license or MMC endorsement as a master of 
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 Sec.  11.304(h) that shows evidence of assessment of 
practical demonstration of skills; or
* * * * *
    (3) Your license or MMC does not need to include a towing 
endorsement if you hold a TOAR or a course completion certificate.
* * * * *
    159. In newly redesignated Sec.  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:


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

    (a) If you would like to obtain an endorsement as mate (pilot) of 
towing vessels endorsed with a route listed in column 1 of table 
11.465(a) of this section, then you must complete the service in 
columns 2 through 5. If you hold a license or MMC endorsement as master 
of towing vessels (limited) and would like to upgrade it to mate 
(pilot) of towing vessels, then you must complete the service in 
columns 5 and 6. 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.

[[Page 3675]]



                                  Table 11.465(a).--Requirements for Endorsement as Mate (Pilot \1\) of Towing Vessels
--------------------------------------------------------------------------------------------------------------------------------------------------------
               1                        2                 3                    4                    5                    6                    7
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                     30 Days of
                                                                                                                  observation and
                                                  TOS \3\ on T/V as                                                training while
         Route endorsed           Total service    apprentice mate         TOS \3\ on         TOAR \4\ or an       holding mater      Subordinate route
                                       \2\           (steersman)        particular route     approved course     (limited) and pass       authorized
                                                                                                                     a limited
                                                                                                                    examination
--------------------------------------------------------------------------------------------------------------------------------------------------------
(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) .
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For all inland routes, as well as Western Rivers, the endorsement as pilot of towing vessels is equivalent to that as mate of towing vessels. All
  qualifications and equivalencies are the same.
\2\ Service is in months unless otherwise indicated.
\3\ TOS is time of service.
\4\ TOAR is Towing Officers' Assessment Record.

    (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 Sec.  11.304(h) that shows evidence of assessment of 
practical demonstration of skills.
    (3) Your license or MMC does not need to include a towing 
endorsement if you hold a TOAR or a course completion certificate.
    (e) An approved training course for mate (pilot) of towing vessels 
must include formal instruction and practical demonstration of 
proficiency either onboard a towing vessel or at a shoreside training 
facility before a designated examiner, and must cover the material 
(dependent upon route) required by Sec.  11.910-2 for apprentice mate 
(steersman), towing vessels on ocean and near coastal routes; 
apprentice mate (steersman), towing vessels on Great Lakes and inland 
routes; or, steersman, towing vessels on Western Rivers routes.
* * * * *
    160. In newly redesignated Sec.  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'':


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

* * * * *

                             Table 11.466(a)--Requirements for Endorsement as Apprentice Mate (Steersman) of Towing Vessels
--------------------------------------------------------------------------------------------------------------------------------------------------------
                1                                   2                           3                  4                     5                    6
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Total service                             TOS \2\ on        Pass  Examination
           Endorsement                        Route endorsed                   \1\          TOS \2\ on T/V       particular route            \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)   NOT APPLICABLE.......................              18  12 of 18............  3 of 18.............  YES.
 (LIMITED).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Service is in months.
\2\ TOS is time of service.
\3\ The examination for apprentice mate is specified in subpart I of this part. The examination for apprentice mate (limited) is a limited examination.
\4\ For all inland routes, as well as Western Rivers, the endorsement as steersman is equivalent to that as apprentice mate. All qualifications and
  equivalencies are the same.


[[Page 3676]]

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


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

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


Sec.  11.468  [Amended]

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


Sec.  11.470  Officer endorsements as offshore installation manager.

    (a) Officer endorsements as offshore installation manager (OIM) 
include:
* * * * *
    (b) To qualify for an endorsement as OIM unrestricted, an applicant 
must:
    (1) * * *
    (2) * * *
    (i) A certificate from a Coast Guard-approved stability course 
approved for a license or MMC endorsement as OIM unrestricted;
* * * * *
    (iv) A certificate from a firefighting training course as required 
by Sec.  11.205(d) of this part; and
* * * * *
    (c) An applicant for an endorsement as OIM unrestricted who holds 
an unlimited license or MMC endorsement as master or chief mate must 
satisfy the requirements in paragraphs (b)(2) and (b)(3) of this 
section and have at least 84 days of service on surface units and at 
least 28 days of service on bottom bearing units.
    (d) To qualify for an endorsement as OIM surface units on location, 
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 Sec.  11.205(d) of this part.
    (e) An applicant for an endorsement as OIM surface units on 
location who holds an unlimited license or MMC endorsement as master or 
chief mate must satisfy the requirements of paragraph (d)(2) of this 
section and have at least 84 days of service on surface units.
    (f) To qualify for an endorsement as OIM surface units underway, an 
applicant must:
    (1) * * *
    (2) * * *
    (i) A certificate from a Coast Guard-approved stability course 
approved for an OIM surface units endorsement;
* * * * *
    (iii) A certificate from a firefighting training course as required 
by Sec.  11.205(d) of this part.
    (g) An applicant for endorsement as OIM surface units underway who 
holds an unlimited license or MMC endorsement as master or chief mate 
must satisfy the requirements in paragraph (f)(2) of this section and 
provide a company recommendation signed by a senior company official 
which:
* * * * *
    (h) To qualify for an endorsement as OIM bottom bearing units on 
location, an applicant must:
    (1) * * *
    (2) * * *
    (iii) A certificate from a firefighting training course as required 
by Sec.  11.205(d) of this part.
    (i) An applicant for an endorsement as OIM bottom bearing units on 
location who holds an unlimited license or MMC endorsement as master or 
chief mate must satisfy paragraph (h)(2) of this section and have at 
least 28 days of service on bottom bearing units.
    (j) To qualify for an endorsement as OIM bottom bearing units 
underway, an applicant must:
    (1) * * *
    (2) * * *
    (i) A certificate from a Coast Guard-approved stability course 
approved for a license or MMC endorsement as OIM bottom bearing units;
* * * * *
    (iii) A certificate from a firefighting training course as required 
by Sec.  11.205(d) of this part.
    (k) An applicant for endorsement as OIM bottom bearing units 
underway who holds an unlimited license or MMC endorsement as master or 
chief mate

[[Page 3677]]

must satisfy the requirements in paragraph (j)(2) of this section and 
provide a company recommendation signed by a senior company official, 
which:
* * * * *


Sec.  11.472  [Amended]

    164. In newly redesignated Sec.  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 ``Sec.  10.205(g)'' 
and add, in their place, the words ``Sec.  11.205(d)''; and
    e. In paragraph (b), after the words ``unlimited license'' add the 
words ``or MMC endorsement''.


Sec.  11.474  [Amended]

    165. In newly redesignated Sec.  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 ``Sec.  10.205(g)'' 
and add, in their place, the words ``Sec.  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'';


Sec.  11.476  [Removed and Reserved]

    166. Remove and reserve Sec.  11.476.


Sec.  11.480  [Amended]

    167. In newly redesignated Sec.  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''.


Sec.  11.482  [Amended]

    168. In newly redesignated Sec.  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''.


Sec.  11.491  [Amended]

    169. In newly redesignated Sec.  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''.


Sec.  11.493  [Amended]

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


Sec.  11.495  [Amended]

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


Sec.  11.497  [Amended]

    172. In newly redesignated Sec.  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''.


Sec.  11.501  [Amended]

    174. In newly redesignated Sec.  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''.


Sec.  11.502  [Amended]

    175. In newly redesignated Sec.  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'';

[[Page 3678]]

    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 ``Sec.  
10.205(g)'' and add, in its place, the text ``Sec.  11.205(d)''.
    176. Revise newly redesignated Sec.  11.503 to read as follows--


Sec.  11.503  Horsepower limitations.

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


Sec.  11.504  [Amended]

    177. In newly redesignated Sec.  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 Sec.  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:


Sec.  11.505  Engineer officer structure.

BILLING CODE 4910-15-P

[[Page 3679]]

[GRAPHIC] [TIFF OMITTED] TP25JA07.004

BILLING CODE 4910-15-C

[[Page 3680]]

Sec.  11.510  [Amended]

    179. In newly redesignated Sec.  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''.


Sec.  11.512  [Amended]

    180. In newly redesignated Sec.  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''.


Sec.  11.514  [Amended]

    181. In newly redesignated Sec.  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''.


Sec.  11.516  [Amended]

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


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

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


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

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


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

    The minimum service required to qualify an applicant for 
endorsement as assistant engineer (limited oceans) of steam and/or 
motor vessels is three years of service in the engineroom of vessels. 
Eighteen months of this service must have been as a QMED or equivalent 
supervisory position.
    186. Amend newly redesignated Sec.  11.524 by revising paragraphs 
(a) and (b) introductory text to read as follows:


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

    (a) DDE endorsements are issued in three levels of horsepower 
limitations dependent upon the total service of the applicant and 
completion of appropriate examination. These MMCs are limited to 
vessels of not more than 500 gross tons on certain waters as specified 
in Sec.  11.501.
    (b) The service requirements for endorsements as DDE are:
* * * * *
    187. Revise newly redesignated Sec.  11.530 to read as follows:


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

    (a) This section applies to endorsements for chief and assistant 
engineers of all vessels, however propelled, navigating the high seas, 
which are documented to engage in the fishing industry, with the 
exception of:
    (1) Wooden ships of primitive build;
    (2) Unrigged vessels; and,
    (3) Vessels of less than 200 gross tons.
    (b) Endorsements as chief engineer and assistant engineer of 
uninspected fishing industry vessels are issued for ocean waters and 
with horsepower limitations in accordance with the provisions of Sec.  
11.503.
    (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 Sec.  11.540 to read as follows:


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

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


Sec.  11.542  [Amended]

    189. In newly redesignated Sec.  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)''.


Sec.  11.544  [Amended]

    190. In newly redesignated Sec.  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 Sec.  11.551 to read as follows:


Sec.  11.551  Endorsements for service on offshore supply vessels.

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


Sec.  11.553  [Amended]

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


Sec.  11.555  [Amended]

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

[[Page 3681]]

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 Sec.  11.601 to read as follows:


Sec.  11.601  Applicability.

    This subpart provides for endorsement as radio officers for 
employment on vessels, and for the issue of STCW endorsements for those 
qualified to serve as radio operators on vessels subject to the 
provisions on the Global Maritime Distress and Safety System (GMDSS) of 
Chapter IV of SOLAS.
    196. In newly redesignated Sec.  11.603, revise the heading and 
paragraphs (a) and (c), and remove and reserve paragraph (b) to read as 
follows:


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

    (a) Each applicant for an original endorsement or renewal of 
license shall present a current first or second class radiotelegraph 
operator license issued by the Federal Communications Commission. The 
applicant shall enter on the endorsement application form the number, 
class, and date of issuance of his or her Federal Communications 
Commission license.
    (b) [Reserved]
    (c) Each applicant who furnishes evidence that he or she meets the 
standard of competence set out in STCW Regulation IV/2 (incorporated by 
reference 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 Sec.  11.701 to read as follows:


Sec.  11.701  Scope of pilot endorsements.

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


Sec.  11.703  Service requirements.

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


Sec.  11.705  Route familiarization requirements.

* * * * *
    (b) An applicant holding no other deck officer endorsement seeking 
an endorsement as first-class pilot shall furnish evidence of having 
completed a minimum number of round trips, while serving as 
quartermaster, wheelsman, able seaman, apprentice pilot, or in an 
equivalent capacity, standing regular watches at the wheel or in the 
pilot house as part of routine duties, over the route sought. Evidence 
of having completed a minimum number of round trips while serving as an 
observer, properly certified by the master and/or pilot of the vessel, 
is also acceptable. The range of round trips for an endorsement is a 
minimum of 12 round trips and a maximum of 20 round trips. An applicant 
may have additional routes added to the first-class pilot endorsement 
by meeting the requirements in paragraph (c) of this section.
    (c) An applicant who currently holds a deck officer license or MMC 
endorsement seeking an endorsement as first-class pilot for a 
particular route shall furnish evidence of having completed the number 
of round trips over the route, specified by the OCMI, within the range 
limitations of this paragraph, for the particular grade of existing 
license or MMC endorsement held. The range of round trips for an 
endorsement is a minimum of eight round trips and a maximum of 15 round 
trips.
* * * * *
    201. Revise newly redesignated Sec.  11.707 to read as follows:


Sec.  11.707  Examination requirements.

    (a) An applicant for an endorsement as first-class pilot, except as 
noted in paragraph (b) of this section, is required to pass the 
examination described in subpart I of this part.
    (b) An applicant for an extension of route, or an applicant holding 
a license or MMC endorsement as master or mate authorized to serve on 
vessels of over 1,600 gross tons seeking an endorsement as first-class 
pilot, is required to pass those portions of the examination described 
in subpart I of this part that concern the specific route for which 
endorsement is sought.
    202. Revise newly redesignated Sec.  11.709, paragraphs (b), (c), 
(d) and (e) to read as follows:


Sec.  11.709  Annual physical examination requirements.

* * * * *
    (b) Every person holding a license or MMC endorsement as first-
class pilot shall have a thorough physical examination each year.
    (c) Each annual physical examination must meet the requirements 
specified in Sec.  10.215.
    (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.


Sec.  11.711  [Amended]

    203. In newly redesignated Sec.  11.711--

[[Page 3682]]

    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 
Sec.  '' remove the number ``10.705'' and add, in its place, the number 
``11.705''.


Sec.  11.713  [Amended]

    204. In newly redesignated Sec.  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''.


Sec.  11.803  [Removed and Reserved]

    205. Remove and reserve newly redesignated Sec.  11.803.
    206. Revise newly redesignated Sec.  11.805 to read as follows:


Sec.  11.805  General requirements.

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


Sec.  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.
* * * * *


Sec.  11.809  [Removed and Reserved]

    208. Remove and reserve newly redesignated Sec.  11.809.

Subpart I--[Amended]

    209. In the heading for subpart I, remove the word ``License''.
    210. In newly redesignated Sec.  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 Sec. Sec.  '' 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'':


Sec.  11.901  General provisions

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


Sec.  11.903  [Amended]

    211. In newly redesignated Sec.  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 Sec.  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'':

[[Page 3683]]

Sec.  11.910  Subjects for deck officer endorsements.

    Table 11.910-1 gives the codes used in table 11.910-2 for all deck 
officers. Table 11.910-2 indicates the examination subjects for each 
endorsement, by code number. Figures in the body of the table, in place 
of the letter ``x'', refer to notes.
    Table 11.910-1 Codes for Deck Officer Endorsements
    Deck Officer Endorsements:
* * * * *
    213. In newly redesignated Sec.  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'':


Sec.  11.920  Subjects for MODU endorsements.

    Table 11.920-1 gives the codes used in table 11.920-2 for MODU 
endorsements. Table 11.920-2 indicates the examination subjects for 
each endorsement by the code number.
    Table 11.920-1 Codes for MODU Endorsements
* * * * *
    214. In newly redesignated Sec.  11.950, revise the section heading 
and redesignate table 10.950 as table 11.950 and revise the heading to 
read as follows:


Sec.  11.950  Subjects for engineer endorsements.

    Table 11.950 Subjects for Engineer Endorsements
* * * * *
    215. Revise newly redesignated Sec.  11.1005 to read as follows:


Sec.  11.1005  General requirements for officers.

    To serve on a Ro-Ro passenger ship 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 Sec.  11.102) and 
shall hold documentary evidence to show his or her meeting these 
requirements.
    216. Revise newly redesignated Sec.  11.1105 introductory text and 
paragraph (a) to read as follows:


Sec.  11.1105  General requirements for officer's endorsements.

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


Sec.  12.01-1  [Amended]

    219. In Sec.  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 Sec.  12.01-3 to read as follows:


Sec.  12.01-3  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish a notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, it is available for inspection 
at the Coast Guard, Office of Operating and Environmental Standards 
(CG-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 
Sec. Sec.  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 Sec. Sec.  
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.


Sec.  12.01-6  [Removed and Reserved]

    221. Remove and reserve Sec.  12.01-6.


Sec.  12.01-7  [Removed and Reserved]

    222. Remove and reserve Sec.  12.01-7.


Sec.  12.01-11  [Removed and Reserved]

    223. Remove and reserve Sec.  12.011.


Sec.  12.02-3  [Removed and Reserved]

    224. Remove and reserve Sec.  12.02-3.


Sec.  12.02-4  [Removed and Reserved]

    225. Remove and reserve Sec.  12.02-4.


Sec.  12.02-5  [Removed and Reserved]

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


Sec.  12.02-7  When documents are required.

    (a) Every seaman employed on any merchant vessel of the United 
States of 100 gross tons or upward, except vessels employed exclusively 
in trade on the navigable rivers of the United States, must carry a 
valid merchant mariner credential (MMC) or merchant mariner's document 
(MMD) with all appropriate endorsements for the position served and 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

[[Page 3684]]

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 Sec.  12.01-3).
    (e) Each person serving as a qualified member of the engine 
department (QMED) or a rating forming part of a watch in a manned 
engine-room or designated to perform duties in a periodically unmanned 
engine-room, on a seagoing ship driven by main propulsion machinery of 
750 kW [1,000 hp] of propulsion power or more, shall hold an STCW 
endorsement certifying him or her as qualified to perform the marine-
engineering function at the support level, in accordance with STCW.
    (f) Notwithstanding any other rule in this part, no person subject 
to this part serving on any of the following vessels needs hold an STCW 
endorsement, either because he or she is exempt from application of the 
STCW, or because the vessels are not subject to further obligation 
under STCW, on account of their special operating conditions as small 
vessels engaged in domestic voyages:
* * * * *


Sec.  12.02-9  [Removed and Reserved]

    228. Remove and reserve Sec.  12.02-9.


Sec.  12.02-10  [Removed and Reserved]

    229. Remove and reserve Sec.  12.02-10.
    230. Revise Sec.  12.02-11 to read as follows:


Sec.  12.02-11  General provisions respecting rating endorsements.

    (a) (1) An MMC with a deck officer endorsement will 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 Sec.  12.01-3) to perform the navigational function at 
the support level.
    (2) A rating forming part of a watch in a manned engineroom, or 
designated to perform duties in a periodically unmanned engineroom, on 
a seagoing ship driven by main propulsion machinery of 750 kW (1,000 
hp) of propulsion power or more, if the holder is qualified in 
according to STCW Regulation III/4 and Section A-III/4 of the STCW 
Code, to perform the marine-engineering function at the support level.
    (e) At the request of the holder of the document, the OCMI may add 
an endorsement to indicate that a qualified holder has received basic-
safety training or instruction required under Chapter VI of STCW.


Sec.  12.02-12  [Removed and Reserved]

    231. Remove and reserve Sec.  12.02-12.


Sec.  12.02-13  [Removed and Reserved]

    232. Remove and reserve Sec.  12.02-13.


Sec.  12.02-14  [Removed and Reserved]

    233. Remove and reserve Sec.  12.02-14.


Sec.  12.02-15  [Removed and Reserved]

    234. Remove and reserve Sec.  12.02-15.


Sec.  12.02-17  [Amended]

    235. In Sec.  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''.


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

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


Sec.  12.03-1  [Amended]

    237. In Sec.  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 ``Sec.  10.302'' and add, in its place, 
the text ``Sec.  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''.

[[Page 3685]]

    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)''.


Sec.  12.05-1  [Amended]

    238. In Sec.  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''.


Sec.  12.05-3  [Amended]

    239. In Sec.  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 Sec.  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''.


Sec.  12.05-5  [Removed and Reserved]

    240. Remove and reserve Sec.  12.05-5.


Sec.  12.05-7  [Amended]

    241. In Sec.  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).


Sec.  12.05-9  [Amended]

    242. In Sec.  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 Sec.  
10.215 of this chapter''.


Sec.  12.05-11  [Amended]

    243. In Sec.  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''.


Sec.  12.10-1  [Amended]

    244. In Sec.  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''.


Sec.  12.10-3  [Amended]

    245. In Sec.  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''.


Sec.  12.10-5  [Amended]

    246. In Sec.  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''.


Sec.  12.10-7  [Amended]

    247. In Sec.  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 Sec.  12.10-9, revise the heading, paragraph (a), and 
paragraph (b) introductory text to read as follows:


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

    (a) Each person engaged or employed as a lifeboatman proficient in 
fast rescue boats must hold an appropriately endorsed MMC or MMD.
    (b) To be eligible for an MMC endorsed for proficiency in fast 
rescue boats, an applicant must:
* * * * *


Sec.  12.13-3  [Amended]

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


Sec.  12.15-1  [Amended]

    250. In Sec.  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

[[Page 3686]]

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''.


Sec.  12.15-3  [Amended]

    251. In Sec.  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 Sec.  12.15-5 to read as follows:


Sec.  12.15-5  Physical and medical requirements.

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


Sec.  12.15-7  [Amended]

    253. In Sec.  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''.


Sec.  12.15-9  [Amended]

    254. In Sec.  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''.


Sec.  12.15-11  [Amended]

    255. In Sec.  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''.


Sec.  12.15-13  [Amended]

    256. In Sec.  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''.


Sec.  12.15-15  [Amended]

    257. In Sec.  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''.


Sec.  12.25-1  [Amended]

    258. In Sec.  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 Sec.  12.25-10 to read as follows:


Sec.  12.25-10  General requirements.

    (a) Rating endorsements shall be issued without professional 
examination to applicants in capacities other than able seaman, 
lifeboatman, tankerman, or QMED. For example, ordinary seaman--wiper--
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 Sec.  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 Sec.  12.25-20 to read as follows:


Sec.  12.25-20  Physical and medical requirements.

    The physical and medical requirements for this subpart are found in 
part 10.
    261. Revise Sec.  12.15-25 to read as follows:


Sec.  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

[[Page 3687]]

Administration training program. The MMC must be surrendered upon the 
holder being endorsed in any other rating or upon being issued an 
officer's endorsement and the rating of cadet (deck) or cadet (engine) 
will be omitted.


Sec.  12.25-30  [Amended]

    262. In Sec.  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''.


Sec.  12.25-35  [Amended]

    263. In Sec.  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''.


Sec.  12.25-40  [Amended]

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


Sec.  12.25-45  [Amended]

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


Sec.  12.30-1  [Amended]

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


Sec.  12.30-3  [Removed and Reserved]

    267. Remove and reserve Sec.  12.30-3.


Sec.  12.30-5  [Amended]

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


Sec.  12.35-1  [Amended]

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


Sec.  12.35-3  [Removed and Reserved]

    270. Remove and reserve Sec.  12.35-3.


Sec.  12.35-5  [Amended]

    271. In Sec.  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.


Sec.  13.101  [Amended]

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


Sec.  13.103  [Removed and Reserved]

    274. Remove and reserve Sec.  13.103.
    275. Add new Sec.  13.106 to read as follows:


Sec.  13.106  Requirement to hold an MMC.

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


Sec.  13.107  [Amended]

    276. In Sec.  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''.


Sec.  13.109  [Amended]

    277. In Sec.  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''.


Sec.  13.111  [Amended]

    278. In Sec.  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 ``Sec.  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 
Sec.  13.125'' and add, in their place, the words ``according to Sec.  
10.215 of this chapter''; and
    d. In paragraph (f), after the words ``Seafarers, 1978'', add the 
words ``, as amended''.


Sec.  13.119  [Amended]

    279. In Sec.  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''.


Sec.  13.120  [Amended]

    280. In Sec.  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''.


Sec.  13.121  [Amended]

    281. In Sec.  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''.


Sec.  13.125  [Amended]

    282. In Sec.  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''.


Sec.  13.129  [Amended]

    283. In Sec.  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''.


Sec.  13.201  [Amended]

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

[[Page 3688]]

Sec.  13.203  [Amended]

    285. In Sec.  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''.


Sec.  13.207  [Amended]

    286. In Sec.  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''.


Sec.  13.301  [Amended]

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


Sec.  13.303  [Amended]

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


Sec.  13.307  [Amended]

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


Sec.  13.401  [Amended]

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


Sec.  13.403  [Amended]

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


Sec.  13.407  [Amended]

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


Sec.  13.501  [Amended]

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


Sec.  13.503  [Amended]

    294. In Sec.  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''.


Sec.  13.505  [Amended]

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


Sec.  13.507  [Amended]

    296. In Sec.  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.


Sec.  14.205  [Amended]

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


Sec.  14.207  [Amended]

    299. In Sec.  14.207(a)(1), after the words ``specify at least the 
name, the'', remove the words ``number of the license or merchant 
mariner's document'' and add the words ``TWIC number (if the mariner is 
required by law to hold a TWIC) and license, MMD, or MMC number,''.


Sec.  14.307  [Amended]

    300. In Sec.  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.


Sec.  15.103  [Amended]

    302. In Sec.  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 Sec.  15.301.
    304. Revise Sec.  15.401 to read as follows:


Sec.  15.401  Employment and service within restrictions of credential.

    A person may not employ or engage an individual, and an individual 
may not serve, in a position in which an individual is required by law 
or regulation to hold a license, certificate of registry, merchant 
mariner's document, transportation worker identification credential, 
and/or merchant mariner credential, unless the individual holds all 
credentials required, as appropriate, authorizing service in the 
capacity in which the individual is engaged or employed and the 
individual serves within any restrictions placed on the credential. 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.


Sec.  15.405  [Amended]

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


Sec.  15.410  [Amended]

    306. In Sec.  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''.

[[Page 3689]]

Sec.  15.415  [Removed and Reserved]

    307. Remove and reserve Sec.  15.415.


Sec.  15.515  [Amended]

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


Sec.  15.520  [Amended]

    309. In Sec.  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''.


Sec.  15.605  [Amended]

    310. In Sec.  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''.


Sec.  15.610  [Amended]

    311. In Sec.  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)''.


Sec.  15.701  [Amended]

    312. In Sec.  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''.


Sec.  15.705  [Amended]

    313. In Sec.  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.


Sec.  15.710  [Amended]

    314. In Sec.  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''.


Sec.  15.720  [Amended]

    315. In Sec.  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''.


Sec.  15.725  [Amended]

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


Sec.  15.730  [Amended]

    317. In Sec.  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''.


Sec.  15.805  [Amended]

    318. In Sec.  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''.


Sec.  15.810  [Amended]

    319. In Sec.  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 Sec.  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 Sec.  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'';

[[Page 3690]]

    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:


Sec.  15.812  Pilots.

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


Sec.  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.


Sec.  15.820  [Amended]

    322. In Sec.  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''.


Sec.  15.825  [Amended]

    323. In Sec.  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''.


Sec.  15.835  [Amended]

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


Sec.  15.840  [Amended]

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


Sec.  15.860  [Amended]

    326. In Sec.  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''.


Sec.  15.901  [Amended]

    327. In Sec.  15.901, paragraphs (a), (b), (c), and (d), after the 
words ``holding a

[[Page 3691]]

license'' wherever they appear, add the words ``or MMC endorsed''; 
after the words ``on the individual's license'' wherever they appear, 
add the words ``or MMC''; and remove the words ``authorizing service'' 
wherever they appear.


Sec.  15.905  [Amended]

    328. In Sec.  15.905 (a), (b), and (c), after the words ``holding a 
license'' wherever they appear, add the words ``or MMC endorsed''; and 
after the words ``on the individual's license'' wherever they appear, 
add the words ``or MMC''.
    329. Revise Sec.  15.910 to read as follows:


Sec.  15.910  Towing vessels.

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


Sec.  15.915  [Amended]

    330. In Sec.  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''.


Sec.  15.1001  [Amended]

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


Sec.  15.1103  [Amended]

    332. In Sec.  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 ``Sec.  10.1005 (if licensed) 
or Sec.  12.30-5 (if unlicensed) of this chapter'' and add, in their 
place, the words ``Sec. Sec.  11.1005 or 12.30-5 of this chapter, as 
appropriate,'';
    d. In paragraph (e) introductory text, remove the words ``Sec.  
10.1105 (if licensed) or Sec.  12.35-5 (if unlicensed) of this 
chapter'' and add, in their place, the words ``Sec. Sec.  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 Sec.  10.205 or Sec.  10.209'' and add, in their 
place, the words ``according to Sec. Sec.  11.205 or 11.209''.


Sec.  15.1105  [Amended]

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


Sec.  15.1107  [Amended]

    335. In Sec.  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''.


Sec.  15.1111  [Amended]

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

PART 16--CHEMICAL TESTING

    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 Sec.  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:


Sec.  16.105  Definitions of terms used in this part.

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


Sec.  16.113  [Amended]

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


Sec.  16.201  [Amended]

    338. In Sec.  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 Sec.  16.220(a) and (b) to read as follows:


Sec.  16.220  Periodic testing requirements.

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

[[Page 3692]]

drugs to the Coast Guard within 12 months of the date of application.
* * * * *


Sec.  16.230  [Amended]

    340. In Sec.  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''.


Sec.  16.250  [Amended]

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

PART 26--OPERATIONS

    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''.


Sec.  26.20-1  [Amended]

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

PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS

    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.


Sec.  28.275  [Amended]

    346. In Sec.  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 ``Sec.  ''; 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 ``Sec.  ''.

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.


Sec.  30.10-71  [Amended]

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

PART 31--INSPECTION AND CERTIFICATION

    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.


Sec.  31.15-1  [Amended]

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

PART 35--OPERATIONS

    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.


Sec.  35.05-1  [Amended]

    352. In Sec.  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 Sec.  42.05-70 to read as follows:


Sec.  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.

Sec.  42.07-50--[Amended]

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

PART 58--MAIN AND AUXILIARY MACHINERY AND RELATED SYSTEMS

    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.

Sec.  58.16-19--[Amended]

    357. In Sec.  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.


Sec.  61.15-10  [Amended]

    359. In Sec.  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 Sec.  78.65-1 to read as follows:


Sec.  78.65-1  Officers.

    All officers on a vessel must have their merchant mariner 
credentials conspicuously displayed.

[[Page 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 Sec.  97.53-1 to read as follows:


Sec.  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.


Sec.  98.30-17  [Amended]

    367. In Sec.  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.


Sec.  105.05-10  [Amended]

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


Sec.  105.45-1  [Amended]

    370. In Sec.  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; Sec.  114.900 also issued under 44 U.S.C. 3507.


Sec.  114.400  [Amended]

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

PART 115--INSPECTION AND CERTIFICATION

    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.


Sec.  115.113  [Amended]

    374. In Sec.  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.


Sec.  122.402  [Amended]

    376. In Sec.  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''.


Sec.  122.910  [Amended]

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


Sec.  125.160  Definitions.

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

PART 131--OPERATIONS

    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.


Sec.  131.410  [Amended]

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


Sec.  131.905  [Amended]

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


Sec.  131.955  Display of merchant mariner credential.

    Each officer on a vessel must conspicuously display his or her 
license or 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.


Sec.  151.03-53  [Amended]

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

[[Page 3694]]

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.


Sec.  166.01  [Amended]

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

PART 169--SAILING SCHOOL VESSELS

    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; Sec.  169.117 also issued under the authority of 44 U.S.C. 
3507.


Sec.  169.107  [Amended]

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


Sec.  169.805  [Amended]

    390. In Sec.  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.


Sec.  175.118  [Amended]

    392. In Sec.  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''.


Sec.  175.400  [Amended]

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

PART 176--INSPECTION AND CERTIFICATION

    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.


Sec.  176.113  [Amended]

    395. In Sec.  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 Sec.  185.402 to read as follows:


Sec.  185.402  Officers.

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


Sec.  185.910  [Amended]

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

PART 196--OPERATIONS

    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 Sec.  196.53-1 to read as follows:


Sec.  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.


Sec.  199.30  [Amended]

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

PART 401--GREAT LAKES PILOTAGE REGULATIONS

    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 Sec.  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:


Sec.  401.110  Definitions.

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


Sec.  401.210  [Amended]

    406. In Sec.  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''.


Sec.  401.220  [Amended]

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

[[Page 3695]]

Sec.  401.230  [Amended]

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


Sec.  401.250  [Amended]

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

PART 402--GREAT LAKES PILOTAGE RULES AND ORDERS

    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).


Sec.  402.220  [Amended]

    411. In Sec.  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